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HomeMy WebLinkAboutre: rental H o LY NAME o F JESUS 155 County (toad 24 Wayzata, MN 55391 (612) 473-7901 S'FA FAX (612) 473-4715 r` Sept. 7th, 1994 `9 ,7 .}. Jean Mabusth O City of Orono P.O. Box 66 Crystal Bay, 55323 .cam Dear Jean, G This letter is in response to our phone call with you and Charles Schroeder of t3 9/7/94 to spell out the arrangement and our intent in the use of the property of 905 Tokowa. The actual house is being deeded over to Holy Name of Jesus Church,Medina through a generous donation of Al &Marilyn Richie.The property it resides on will be leased for a nominal fee for two years with possible renewal. H Our intent is to have our Youth Minister and wife reside there as a caretaker/resident .� of the property.We feel this would provide for the best security and upkeep of the �.. property.We would not change the property in any significant way other than keeping up the lawn,building and landscaping. As a resident and because of the nature and size of the home,our youth ministers would have occasional Bible studies,evenings of prayer, some social events (pool party), retreat day with youth,etc.. On occasion our staff would have a meeting out there. Any of the activities would be well supervised and structured. The most at any time would be 20- 30 people These would all be within the focus of a residence in this kind of neighborhood. F-- The property would not be used as a Church or mission facility. We only have lease of the property for a relatively short time. A number of the neighbors are our parishioners.We plan and want a good working relationship with the neighbors and city. Our own property and liability insurance would cover our activities and structures.We do not plan on putting up any signs at the entrance to the property.It will keep its present appearance as a residential property.The tennis court will be used as a tennis court,the pool as a pool, the dock and shoreline will remain the same,etc.. We might put up a gate to the waterfront for safety purposes that might be required by our insurance company. We want to have a very positive experience with the city and neighborhood as we have had with many of our Church, Civic,and Outreach activities. I hope I have answered most of the significant questions regarding the transfer of this property and its intended use. If there are any points that need to be clarified please feel free to call me at 473-7901. Sincerely, BillRose Parish Administrator • A Catholic Faith Community • : � CITY of ORONO 1liunicipalOffices Street Address: Mailing Address: t9kESIIpg� 2150 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323.0p66 September 13, 1994 Bill Rose Holy Name of Jesus 155 County Road 24 Wayzata, MN 55391 Dear Mr. Rose: I am p of September 7th describing your proposed use of the residence located t 905 Tonkawa Road. aced on your comments, it would appear that the residence will continue as a single family residence. Your letter will be reviewed by members of the Orono staff for their comment. The only issue that I would caution you on is the matter of installing a gate. The gate would have to be installed 75' from the shoreline of the lake. Prior to your installing the gate, it may be beneficial for you to have a member of the'Orono staff visit the site and confirm that the location conforms to the regulations. In any event, I will be out of the offices until Monday, September 26th. If there have been any questions raised by the Orono staff, I will contact you to let you know of the final outcome of their review. Sincerely, Jeanne A. Mabusth Building and Zoning Administrator JAM/lsv cc: Ron Moorse, City Administrator Telephone (612) 473-7357 • FAX 473-0510 C' O CITY of ORONO 3J "� ✓ ON, Municipal Offices G~ Street Address: Mailing Address: L`�kES 0 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323.Od66 September 30, 1994 Bill Rose Holy Name of Jesus 155 County Road 24 Wayzata, MN 55391 Dear Mr. Rose: Per my letter of September 13th, I advised that I would get back to you with any concerns expressed by the Orono staff regarding your proposed temporary use of the residence at 905 Tonkawa Road, the former Lund residence. The following is a list of either concerns or requests for additional information noted by the staff. • For the official zoning and assessing records of the City, we ask for a copy of the Lease or Agreement executed by both the Church and the current owners of the property, Al and Marilyn Ritchie. • Please also provide the names of the persons who will reside at the residence and assume responsibility for the maintenance and use of the property. • Your letter notes occasional use of the residence for meetings with a possible attendance of 20-30 people. We would like to have a schedule determining the frequency of those meetings each month. The former Lund residence is larger in size with many amenities provided on the site raising the concern for potentially a more intense, non-residential use of this single family residential property. Staff encourages you to continue to maintain a good relationship with your adjacent neighbors as we will respond to any complaints raised by your neighbors with your future use of this property. • If you intend to have meetings of various members of your congregation, it is imperative that existing parking on the property be able to service those needs. Any expansion of a parking area would have to be reviewed by the City. Telephone (612) 473-7357 • FAX 473-0510 Bill Rose September 30, 1994 Page 2 of 2 Your letter notes that this temporary use will exist for a two-year period. If the use extends beyond two years, we ask that you advise the City in writing. The City has also raised the question as to your final disposal of the residence structure when the property is no longer available for your use. This issue may not have been addressed by the Church as yet, but it may be helpful for you in your future planning to receive early input from the staff. Please contact my office if you have any questions pertaining to the issues raised above.. We ask that you provide either further clarification or submit the information requested at your earliest convenience. Sincerely, Jeanne A. Mabusth Building and Zoning Administrator JAM/lsv cc: Ron Moorse, City Administrator John Gerhardson, Public Works Director Michael Gaffron, Assistant Planning & Zoning Administrator Lyle Oman, Building Official Lieutenant Cheswick, Orono Police Department Rolf Erickson, City Assessor H o LY NAME o F J ESUS 155 County Rood 24 Wayzata, MN 55391 (612) 473-7901 FAX (612) 473-4715 Oct. 3rd, 1994 y-• Jean Mabusth O PO Box 66 Crystal Bay, MN 55323-0066 Dear Ms. Mabusth, In response to your letter of Sept. 30, 1 am sending you the a information you requested. Joel & Michelle Loecken are the residents L�.• of 905 Tonkawa Rd. Joel is a Youth Minister on our Staff. We have met with the neighbors and they have been positive H about our residence and use of the property. We will have a general •� clean-up of the property by the some of the youth of the Parish on v Saturday Oct. 8th and periodically throughout the year (Spring, Summer, Fall). For October a meeting of Middle school kids will happen on Oct. 16th and peer leaders on Sat the 29th. Other events are only in the planning stage. All our energies and time have gone L into trying to get the place usable and cleaned up. �-- We understand the parking restrictions and will comply. There is no intention of expanding parking. We do not have any plans for the final disposal of the property and would request any input from your staff about restrictions. Enclosed is the lease arrangement for the two years and we'll just have to wait and see how things work out with this property. Sincerely, Bill Rose = Parish Administrat,oi- Holy Name Church OCT 6 1994 • A Catholic Faith Community • ADDENDUM TO LEASE BETWEEN ALFRED P. RICHIE AND MARILYN F. RICHIE, AS LESSOR, AND THE CHURCH OF THE HOLY NAME OF JESUS, AS TENANT Notwithstanding anything to the contrary contained in the printed form of Lease to which this Addendum is attached, the following terms shall become a part of the Lease and bind the parties thereto and, in the event of any inconsistencies between this Addendum and the printed form of Lease, the terms and conditions of this Addendum shall control. 1. This Lease is a lease of the land described on EXHIBITA attached hereto and made a part hereof (the "Leased Land") . The residence which is presently located on the Leased Land has been given to Tenant by Lessor, pursuant to a Memorandum of Charitable Gift executed and delivered simultaneously with the execution of this Lease. Accordingly, Tenant is responsible for all costs, expenses and liabilities arising out of or relating to the house which is presently located on the Leased Land. 2 . The Leased Land and the house located thereon, shall be used as a residence for the youth minister of Tenant and the family of the youth minister. 3 . Tenant agrees that promptly upon the expiration or termination of this Lease, it, at its sole cost and expense, will remove the house from the Leased Land and, to the maximum extent practicable, repair any damage to the Leased Land caused by such removal. 4. Lessor shall have the right at any reasonable time to enter upon the Leased Land to inspect said land and insure that its use is in accordance with this Lease. 5. Tenant shall have no right to construct anything on the Leased Land and no right to remove, cut, damage or destroy any trees or other vegetation on the Leased Land. 6. Tenant shall have no right to assign or sublet the leased premises without the prior written consent of Lessor, which may be unreasonably and/or arbitrarily withheld. 7. Tenant shall pay all costs and expenses arising out of or relating to the Leased Land, such as utility expenses, insurance, maintenance, snow removal and lawn mowing, except that Lessor will pay the real estate taxes and any installments of special assessments relating to the Leased Land. 8. Tenant shall indemnify, defend and save harmless Lessor against all liabilities, damages, claims, fines, penalties, costs and other expenses, including all reasonable attorneys' fees, which may be imposed upon, incurred by, or asserted against Lessor arising or accruing during the term of this Lease by reason of all of the following: (a) any defect in the Leased Premises or any part thereof; (b) any personal injury or property damage occurring on the Leased Land; (c) any negligence on the part of Tenant, its agents, contractors, licensees or invitees; (d) any failure of Tenant to comply with any requirement of any governmental authority; (e) any prosecution or defense of any suit or other proceeding in discharging the Leased Land or any part thereof from any liens, judgments or encumbrances created or suffered by Tenant upon or against the same or against Tenant' s leasehold estate; (f) any proceedings in obtaining possession of the Leased Land from Tenant or its assigns after the termination of this Lease by forfeiture or otherwise; (g) any litigation commenced by or against Tenant to which Lessor is made a party without any fault on the part of Lessor; and (h) any material failure on the part of Tenant to perform or comply with any covenant or agreement required to be performed or complied with by Tenant hereunder. 9. Tenant shall obtain and keep in force, at Tenant's expense, throughout the term of this Lease, the following insurance: a. Tenant shall provide and maintain an extended coverage casualty insurance policy on all of Tenant's fixtures, equipment, machinery, improvements, furniture, personal property and warehoused goods, including the house on the Leased Land, in the amount of the full replacement cost thereof, including coverage against, without limitation, sprinkler and water damage, which casualty insurance policy shall name Lessor, Tenant, any mortgagee, and any other designee of Lessor, as insureds. A copy of such policy will be provided to Lessor on request. b. Tenant shall provide and maintain a comprehensive policy of liability insurance with respect to the Leased Land. The liability insurance policy shall name Lessor, Tenant, any mortgagee, and any designee of Lessor as insureds. The policy is to be written by a good and solvent insurance company acceptable to Lessor and in amounts reasonably satisfactory to Lessor. A copy of such policy will be provided to Lessor on request. -2- C. All insurance policies required to be carried under this Lease by or on behalf of Tenant shall provide (and any certificate evidencing the existence of any insurance policiesshall certify) that . unless Lessor shall be given thirty (30) days ' written notice of any cancellation or failure to renew or material change to the policies, as the case may be (i) the insurance shall not be canceled and shall continue in full force and effect, (ii) the insurance carrier shall not fail to renew the insurance policies for any reason, and (iii) no material change may be made in an insurance policy. As used in this Lease, the term "insurance policy" shall include any extensions or renewals of an insurance policy. 10. All property of any kind that may be on or at the Leased Land shall be at the sole and absolute risk of Tenant or those claiming through or under Tenant. Lessor shall not be liable to Tenant or to any other person or entity and Tenant hereby releases and waives all claims due to any of the following arising or accruing during the term of this Lease: (a) damage, loss or injury, either to person or property; (b) loss of property sustained by Tenant, or by any other person, persons or entities in or upon the Leased Land; (c) equipment, fixtures, appliances or machinery in or upon the Leased Land being or becoming out of repair or defective; (d) the happening of any accident, however occurring; (e) any act or neglect of Tenant, or of any other person, persons or entities; (f) water, snow, rain, backing up of watermains or sewers, frost, steam, sewage, illuminating gas, sewer gas, odors, electricity or electric current, bursting, stoppage or leaking of pipes, radiators, plumbing, sinks and fixtures in or about the Leased Land or the house located thereon; (g) theft or burglary on the Leased Land resulting in any loss to Tenant, or (h) any nuisance made or suffered in, on or at the Leased Land. 11. Lessor and Tenant hereby release each other and each other's officers, directors, employees and agents from claims, liability or responsibility for any loss or damage to property covered by insurance. This release shall apply not only to liability and responsibility of the parties to each other, but shall also extend to liability and responsibility for anyone claiming through or under the parties by way of subrogation or otherwise. This release shall apply even if the fire or other casualty shall have been caused by the fault or negligence of a party or anyone for whom a party may be responsible. This release shall not apply to loss or damage unless the loss or damage occurs during the times the fire or extended coverage insurance policy contains a clause or endorsement to the effect that any release shall not adversely affect or impair the policies or prejudice the right of the party to recover thereunder. Lessor and Tenant each -3- agree that any insurance policies covering the Leased Land shall include this clause or endorsement. 12. Tenant shall have the right to terminate this Lease at any time by giving Lessor at least ten (10) days prior written notice of such termination. LESSOR ALFRED P. RICHIE • MARILYN A. RICHIE TENANT THE CH OF THE HOLY NAME OF JESUS By Its -4- MILUR•DAY11 CO.,Minneapolis.Minn. r � � �t labruturpt made in duplicate this.................. .....day of...............,........... Parties. by and between Alfred P. Richie and Marilyn A. Richie hereinafter designated and referred to as lessor, and The Church of the Hol Name Y of Jesus hereinafter designated and referred to as tenant, WITNESSETH: THAT said lessor in consideration of the rents and covenants hereinafter mentioned, to be paid*and performed by said tenant, does hereby demise, lease and let unto the said tenant, and the said tenant does hereby hire and take from the said lessor, the following described premises situate in the City of......Orono......................... Henne.pi.n..................................................... .............................. County of..............H State of.................Minnesota...................... to-wit: .............................. See legal description on Exhibit A attached hereto and made Deserta part hereof. ption 0 Premises. To HAVE AND To HOLD the above premises just as they are, without any liability or obligation on the part of said Term. lessor of making any alterations, improvements or repairs of any kind on or about said premises or the biuilding or build- ings of which they are a part, or the equipment, fixtures, plumbing, appliances, or machinery in, upon or serving same, or the streets, alleys, areas, area-ways or passages adjoining or appurtenant thereto, for the term of two ( 2) years from and after the ..................................day of.....September.............., 19...9..4., to the.....30. of.,., 19...9.6.., both dates inclusive, for the following purposes and for no other purposes, to-wit S® tem.b of the Addendum. See Paragraph 2 Nature Occup er. And the said tenant agrees to and with said lessor to pay the lessor z�- sum Of.......0.ne...and...no./..1..0.0.-.-.-.-.-.-. --- the .......-.-:.-.-.-.-.-.-.-.--.--.-.-:.:-.--.-.-.-.Dollars ($1...0.0.-.-.-.--'-)•� ................................................................................. .......................................................................................................... .i........................., The 862A w2th th- as follows: That the tenant will keep at his own"expe e Stoma Teto said demised premises and the equipment, lumbin dp ns premises any signs on the exterior,of the uild- to P B� ings without the written copse or ndorsed hereon Dt'tnlain fixtures, appliances and machine in upon ecru' tT P g or nor place or permit a in any portion of any of the Surrioder appurtenant to said demised premises, in good cepa' and in demise Premises good sanitary condition during said term, and t he will any weight or weights iih excess of the In Good replace at his own expense promptly any and all ass broken Order. in or about said premises with glass of the ame quality; condition that he will make no alterations in or a itions to said of 11,1@14111111 Ilailw',Ise' and the same to be in ood an sanitary conditio nd premises, without first obtaining the les is written con- Premises. g sent, and that he will not use or permit nything upon said in good repair, and the taking possession of the emised premises that will increase the rate of surance thereon, or Premises by the tenant shall be conclusive evid a that the anything that may be dangerous to I' or limb, and that he demised premises, and the equipment plea g, drains, fix. will not in any manner deface or Lure said demised prem- tures, appliances and machinery therein re at the time of Ises, or an so taking possession thereof in y part thereof, or ov oad the floors, or do or B , clean, sanitary and permit anything to be done u n said premises or in the Release tenantable condition, and in a espects satisfactoryand Passageways, alleys, areas, a a-ways, sidewalks or streets Leieor, acceptable to the tenant, an the condition adjacent thereto, that will ount to or create a nuisance; were represented to the ant to be and areed to betput and that he will not use aid premises or permit the same in by the lessor; an a tenant hereby releases the lessor or any part thereof to used for lodging or sleeping pear- from any and all ms arising from any defept In the condi- poses, or for any pear ose contrary to the laws ordinances tion of aald d sed premises, or the equipment, fixtures or or regulations of th J seed States of America or the State appliances or serving said premises, and the building or buildi of which they are a part, and the' streets, alleys, of.................Ki�A, :9.Q.ta..............................., or, the City of ar , area-ways, passages or sidewalks ' adjoining or zGino....................................or of any rules or regulations the City of.......0.ron.o........................................... or of any oards or officers of said city; and the tenant agrees tel.ne premises, or any part thereof, and will not a sign t ' ease Sub- to recur said premises peaceably and promptly to the lessor or any interest therein, nor permit such le at the nd of the term of this tease, or at any previous fermi- transferred by operation of law or otherw nd thatnoset pati thereof, in as good condition re the same are now in or or acts will be done or suffered Wh the s me may be or hereafter be put in, loss by fire and ordinary wear ex- become sublet or assigned 1 ole or in p h, unless the written consent of the r endorsed thereo shalt be first obtained in each every case of underlet Ing or assign- sidewalks bordering on said demised premises w the leased space borders upon a sidewalk or ment, as t a all from time to time occur or be desired, tee and P P p eway) and and nothing whatever shall be held to �e a waiver of snow. the roof of said demised premises at ies free from ice and snow and other obstructionto neither waste nor Utilities. misuse water, electricity steam, or any other utilities or agencies which may be furnished by the lessor, and Barkruoter. An" easSUM-Al ilft'll ill 10-4141410 to prompt) all rates, costs and charges for the same, lessee may, at the option of th considered an exce to such of the same, if any,, as the lessor has assignment mpg of this lease and as a breach Liability The tenant further agrees that the lessor shall not be The lessor agrees that if the premises hereby leased shall of liable for'any damage, either to �"0f person or persona or prop- at the time hereinbefore stipulated for the beginning of the and erty or the loss of property sustained by the tenant, or by term of this lease, be in the possession and occupancy of any Tenant. any other person or persons due to the demised premises or person not lawfully entitled to said possession and occupancy, the buildings of which the demised premises are a part, or the lessor shall use due diligence to obtain (possession there- the equipment, fixtures, appliances or machinery in or upon of for the lessee, but it is expressly understood and agreed the same, or the halls, passages, areas, area-ways and side - that the lessor, using due diligence as aforesaid shall not In walks or streets adjoining or appurtenant to the same being any way be liable for any failure to obtain the possession of or becoming out of repair or defective, or due to the happen- the premises for the lessee and that this lease shall not be ing of any accident, or due to any act or neglect of the affected in any way by any such failure to obtain possession tenant, or any tenant or occupant of said building, or of any except that the rentals hereunder shall be abated until pos- other person, persons or corporations, or by the bursting of session shall be secured by the lessor for the� lessee and writ- pipes, or by the use or misuse of any instrumentality or ten notice to that effect given by the lessor to the lessee. agency in or connected with the demised premises or the building of which it is a part, or occasioned by any nuisance Bond made or suffered thereon or therein. L�etl;'t and repairs, impro7ee nts or alterations to said den' Ll,billt, The tenant assumes all liability and obligation on account prt:inises, or any pereof, which shall only be i the Leiior of all damages on account of the matters and things above written consent oflessor, that tenant 'shall will er and referred to, and agrees to save the lessor harmless thereon each instance savd lessor and said pr ises torever Tenant. and therefrom, and to indemnify the lessor on account there- harmless and free all costs, damages ss and liability of. This provision shall apply especially, but not exclusives of every kind and cter which may claimed, asserted Y. or charged, includibility to ad' t ovy�ers based upon to damage caused by water, snow, rain, hail, backing up of the acts of negligef said to its or their agents, con- water mains or sewers, frost, steam, sewage, illuminating tractors or employr upo a negligence of any other gas, sewer gas, or odors, electricity and electric current, and person or persons iabo said premises for upon the fail- by the bursting, stoppage or leaking of pipes or radiators, ure of any or eitheth i to observe and comply with the plumbing, sinks and fixtures in or about the demised prem- requirement of the with the regulations of the authori- ises or the building of which the demised premises are a part. In case of such damage the lessor may at his option ties in the saidciyrepair such damage, and if such damage has occurred in """'•.•."""'•................................. ses f r- the demised premises or on account of the defects in the and will presery nd hold the lessor and said premises for- demised premises against which the tenant has agreed to ever free and ear from liens for labor and material fur- make repairs, the tenant shall thereupon reimburse the lessor before And a tenant agrees that p will from time to time for the costs of repairing such damage, and if the tenant fails before ma g any such repairs, improvements or alterations to perform any of the covenants or agreements herein pro- furnish t lessor with a bond in an amount land with sureties vided to be kept or performed by the tenant, the lessor may satisfac ry to the lessor conditioned for the performance perform the same and charge the tenant with the expense of by t tenant of the matters and things in this paragraph such performance, and the tenant agrees promptly on demand req ' ed to be do repay to the lessor the cost of such performance by the lessor. It is further agreed between the lessor and tenant this lelease is made upon the condition that if the tenant shall Nice The tenant further covenants and agrees that the service nants and agreements contained in this lease, or fail to keep, observe and perform any of the cove- otic ise, which are to Premises of notice by any officer of the City of.....Q�pop,,,,,,,,,,,,,,,,,,,,,,,,, be kept, observed or performed by the tenant, or if the lease- ............................................upon either party to this lease to clean hold interest of the tenant shall be taken on execution or said premises, or to do any other act in connection therewith, other process of law, or if the tenant shall petition to be or shall be conclusive evidence as between the parties hereto of be declared bankrupt or insolvent according to law, or if the the breach by the tenant of the covenant with respect to the tenant shall vacate said premises or abandon!the same during non-performance of which by the tenant such notice has been RII�bt the term of this lease, then and in any of said cases the served. Retnery, lessor may immediately or at any time thereafter, and with- out further notice or demand, enter into and upon said Any notice from the lessor to the tenant, relating to the premises, or any part thereof, in the name of file whole, and demised premises or the occupancy thereof, shall be deemed take absolute possession of the same fully and absolutely, duly served if left at the demised premises addressed to the without such re-entry working a forfeiture of the rents to tenant, be paid and the covenants to be performed by the lessee for the Tenant to The tenant further covenants and agrees at its own expense lease uor termll offsaids lease, and or any at the lessor's election ch VCitb O'Ply to observe and keep all regulations and requirements of the terms and conditions and forsuchch rents and art thereof,or suh timon e as Regulations. city of...............QxQ.0Q................................................or other pub- the lessor may elect, and after crediting the rent actually collected b lic authorities in force at the time of the taking possession by Subleasing, y the lessor from such reletting on the rentals the tenant of the demised premises or which may thereafter stipulated to be paid under this lease by the tenant from be made regarding the condition and conduct of said de- time to time, collect from the tenant any balance remaining mised premises, any part thereof, and the sidewalks adjacent due from time to time on t}ie rent reserved under this lease, thereto, including all building, fire, sanitary, police or other charging to the tenant such reasonable expenses as the lessor regulations. may expend in putting the premises in tenantable condition. Or the lessor may at his election and upon written notice to Tto°a The tenant further agrees that if the demised premises, or Termination the tenant declare this lease forfeited and void, and may Public Use any part thereof, or any part of the improvements of which f taat thereupon re-enter and take full and absolute possession of they form a part, shall be taken for any street or other pub- Under said premises as the owner thereof, and freefrom an right lic use, or shall during the continuance of this lease be de- Bankruptcy. or claim of the tenant, or any person or ersons claimn g stroyed by the action of the public authorities, then this through or under the tenant; and such election and re-entry lease and the term demised shall thereupon terminate. last mentioned shall be and constitute an absolute bar to an), right to enter by file tenant upon the payment of all arrear- Destruction e e ween a lessor n e ages of rent and costs after a dispossessioqq under any suit Fera if during the term of this lease the demised premises or a or process for breach of any of the covenants of this lease, improvements thereon shall be injured or destroyed by fire and the commencement by the lessor of any action to recover or the elements, or through any other cause, so as to oder possession of said premises aforesaid shall be deemed a suffi- Ilie demised premises unfit for occupancy, or makes i impos- tient notice of election of said lessor to treat this lease as sible to conduct the business of the tenant thereon, o to such void and terminated, without the written notice above speci- an extent that they cannot be repaired with reas able dill- fled, unless the lessor shall in writing, before beginning such Bence within thirty (30) days from the happe ' g of such proceeding, notify the tenant that after obtainingsuch pos- injury, then the lessor may terminate this lease nd the term session the lessor will continue to look to the tenant for the herein demised from the date ofsuch damage or destruction, performance of this lease and will submit the premises on and the tenant shall immediately surren r the demised the tenant's account, in the manner as above provided. premises and all interest therein to the Ie or, and the ten- ant shall pay rent only to the time of au surrender and in Fixtures case of any such destruction or injury t lessor may ire-enter Fersso al and personal propetty belonging to said tenant, which and repossess the demised premises charged of this lease, Property, or may be put into said demised premises, shall at all t' s be and may dispossess all parties then ' possession thereof. But bound with a lien in favor of said lessor, to be ch cable for if the demised premises can be res red within sixty days (60) all rents hereunder and the fulfillment of the er covenants days from the happening of the ' jury thereto, and the lessor and agreements herein contained, and th q case of default Reptalr within fifteen (15) days from a occurrence of such injury by the tenant the lessor may withou lice ten:ove the same elects in writing to so repair r restore said premises within y P'Aftleis sixty (60) days from the appenin� of the injury thereto, or any part of the same, in su manner as the lessor may Fire then this lease shall not a or terminate on account of such choose, and the lessor shat ve the right to sell all or any injury by fire or othe ise, but the rent shall not run or Part of the sante at is or private sale, without giving accrue after the injury nd during the process of repairs, and any notice to the ant of such sale, and t; apply the gro- up to the time whe the repairs shall be completed, except ceeds of sue a first to the payment of the costs and ex. only that the tens shall during such time pay a pro rata per.ses inducting said sale and caring for and storing portion of such nt apportioned to the portion of the dik suc open)•, and to apply tiie balance, if any, to the amount mised premises hich are in condition for occupancy or which may be ctually occupied during such repairing period. If, however, the demised premises shall be so slights in- Advance jured by a cause aforesaid, as not to be rendered unfit for in Taxes. occupancy then the lessor shall repair the same with reason- the taxes paid by the lessor upon the Props ty of whi e able pro ptoses, and in that case the rent shall not cease within leased premises are a part, shall in any ye r years or be ated during such repairing period. All improvements during the term of this lease be increased and above or be erments placed by the tenant on the demised premises the sum of.................... sha however, in any event; be re aired and re lace I`.�liara t i o at the expense o t e lessor. ................................................. The lessor agrees and covenants that the tenant, on paying .................................. I.............................. Net the rent and performing the covenants aforesaid, shall and ($• •••••••••••••••. . ............) annual) then the tenant shall pay Enjoyment. may peaceably and quietly have, hold and enjoy the said de- Hears part of ....... ••.annual rental of said premises, for such year or mised premises for the term aforesaid, except as in this lease addition to the amount hereinbefore named an otherwise provided. count of increase of taxes in any year er years sly c ed Q the time of rent payment on or ne to date when penalty or loss of the custo count begins to accrue for non-payment of es. If tlrc year's taxes are payal,le in two a installments, then the amounts to be so added It is further agreed between the parties to this lease: See Addendum attached hereto and made a part hereof. Lessee, upon leaving the premises hereby leased, shall at RiRbt of The lessor shall at all times have the right to enter upon his own expense remove all ashes, dirt, rubbish and refuse, Entry. said premises to inspect their condition, and at his election and upon lessee's failure so to do, lessor may immediately to make reasonable and necessary repairs thereon for the without further notice to lessee do the same at lessee's ex- protection and preservation thereof, but nothing herein shall pense, which the lessee shall immediately pay upon receipt of be construed to require the lessor to make such repairs, and a bill for same from lessor. the lessor shall not be liable to the tenant, or any other per- Notice The tenant further a rces to son or persons, for failure or delay in making said repairs, of g give the lessor written notice or for dama y person or property caused in or vacancy. thirty (30) days before the expiration of this lease of hb Ills n or injury to RiR6bof intention to vacate at the end of this lease otherwise the y the making of such repairs, or the doing of such work. Lessor lessor will have the option of continuing this lease for one The lessor shall have the right during the last 30 days of the to term of this lease to place and maintain on the de year from and after the expiration of this lease without notice mised Terminate, p premises and in the windows thereof the usual notice of to the tenant. If, however, the lessor does not elect to 'To Let" or "To Rent," and to show said premises to pro- so continue this lease and the tenant remains in said prem- isesre- spective after the expiration of t}te term, of this lease, such re- maining in possession shall not, except at the option of the Heirs and lessor, extend the term of this lease, and the tenant shall OeLera. of this lease shall inure to the benefit of and shall be o a- promptly vacate said premises; and if for any reason the ten- tory upon the respective heirs, executors, administr s, suc- ant does not promptly vacate the premises at the end of the cessors and assigns of the lessor and tenant res tvely. term, the tenant agrees to pay the lessor, for such time as elapses between the end of t}le teen of this lease and the .............................................................•..•. ................................ ••. time when the tenant actually vacates the acting as agent only, as r ligation whatsoever in Y t premises, a pro respect to any representatio varranty or covenant herein rata rental equal to one and one-half (I/) times the rent contained, and shall no an} event be held liable to lessor provided to be paid during: the term of the lease. or to lessee for the r Iment or non-fulfillment of any of the The tenant agrees that no assent,. express or implied, by terms or condi ' s of this lease or for any action or proceed- the lessor to any breach of any of the tenant's covenants or Ings that be taken by either against the other. agreements shall be deemed or taken to be a waiver of any T e are no understandings or agreements outside of this succeeding breach of such covenant. IN TESTIMONY WnEREOF the lessor and tenant have hereunto set their hands and seals the day and year first written. We, the tenant, hereby acknowledge that at the time of making and delivery of this lease and mortgage lien, the Lessor delivered to us a full, true and complete copy of same. Signed, sealed and delivered in presence of _ ....... ........... . ........ .................... ......_....... .................. , As to Lessor. SEAL ............ ........................I... L [SEAL] MAeNA;��RICHIE ............... [SEAL] ........ ............................................................_ ....... ...... .......... THE CHURCH OF THE HOLY As to Tenant. .NAME...OF...JES.U.S................................................[SEAL] 4J w,OS(3 ..By.............................���............................... .[SEAL] Its STATE OP...... . _.. ..._..... _... . COUNTS' OF..... .HENNEPIN. ....... COUNTY OF......... y. . . STATE 01". MINNESOTA jss. aC(�.... ....day nf......._ ...r9..•'•••..., On 1)tia.....` �.r:..�,td _. _ . _.day of., ...._ . �l card County, personally ............19./.7.., STATE OF MINNE -- - t before me, a......no.ta.x'y....pu)?li.c Al ................................... COUN ........... SOTA ) ___�� r,,,ntv. personally appeared.... �.red....P.,... TY OF NENNEPIM ) SS. - --- the of he foregoing instrume nt was ac ed9ed esus, on be 1994, by k oWl be fore Me th . alt °f sal W church• The Church o f or1s Bill ROSE the 1101 NOTARY ►UlUNlSOTA MC• IN HeNNFptN COUNTY n f 61 Y baXnAm0Atwr.tw_Ire. �_ EXHIBIT A Lots 1, 2 and 3, Block 1, Vasa Park, according to the recorded plat thereof. The Northwesterly boundary line of the above-described Lot 1 has been marked by Judicial Landmarks set in Torrens Case No. 16549. Subject to the sanitary sewer easement contained in the dedication clause and shown on said plat of record in Book 176 of Plats, page 29.