HomeMy WebLinkAbout1998-10-12 Ryder Student Transport. LeaseLEASE AGREEMENT
BETWEEN
OAK PARK, LLC
A Minnesota Limited Liability Company
AND
RYDER STUDENT TRANSPORTATION SERVICES, INC.
A Florida Corporation
October 12, 1998
This Lease is made and entered into this 15th day of July, 1998 by and
between OAK PARK LLC, a Minnesota Limited Liability Company, referred to as
"LANDLORD" with the mailing address of 324 South Main Street, Suite 220,
Stillwater, Minnesota, and RYDER STUDENT TRANSPORTATION SERVICES, INC., a
Florida Corporation, hereafter referred to as "TENANT" with the mailing
address of; 3600 NW 82nd Avenue, Miami, Florida 33166. Attention:
Environmental & Facility Services 4B.
In consideration of the mutual covenants hereinafter set forth, the parties
do hereby agree as follows:
1. DESCRIPTION OF THE LEASED PREMISES
Landlord does hereby lease to Tenant and Tenant does hereby lease and take
from Landlord the following described Leased Premises hereinafter referred
to as the Leased Premises. The three (3) buildings referred to as
Buildings A, B and C on the attached Exhibit A and all of the property
owned by Landlord and hereafter described except the following:
a. All of building "D ", as well as the adjacent land shown as the
hatched area on Exhibit "A", land and building area is approximately
25,000 square feet.
b. The portion of the property which consists of approximately the
northerly four hundred fifty (450) feet which is approximately delineated
by the northerly parking lot curb.
In the event that Landlord deems it necessary to legally describe the
Leased Premises, Landlord agrees to have the property surveyed at
Landlord's expense and the parties agree to execute an amendment to this
Lease setting forth the legal description of the Leased Premises
specifically excepting the unusable portion of the property, Building D and
the Adjacent Land.
The entire property owned by Landlord by which the Leased Premises are a
part is legally described as follows, to-wit:
Parcel 1:
Parcel 2:
LEASE AGREEMENT
All that part of the NE 1/4 of the SW 1/4 of Section 3, Township 29, Range
20, contained within the following bounds, to -wit:
Beginning at a point 30 feet West of a stake which is 80 rods South of the
center of said Section 3, and running thence West 24 rods and 3 feet;
thence North 21 rods and 9.9 feet; thence East 24 rods and 3 feet; thence
South 21 rods and 9.9 feet to the place of beginning, excepting therefrom
the South 150 feet thereof.
The North 963.6 feet of the East 429 feet of the NE 1/4 of the SW 1/4 of
Section 3, Township 29 North, Range 20 West, excepting the following two
tracts:
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1. The North 232 feet of the East 165 feet thereof; and
2. TERM
2. The South 262 feet of the North 494 feet of the East 233 feet
thereof.
This Lease shall be for a term of 12 YEARS commencing on August 1, 1998 and
terminating AT MIDNIGHT ON THE LAST DAY OF July, 2010.
NOTE: Option to Renew Exhibit "C" and Option to Terminate Exhibit "Dr', and
the Early Lease Termination, Exhibit "E ".
3. USE OF LEASED PREMISES
It is agreed that the Leased Premises shall be used by the Tenant for
office, bus parking, washing, maintenance and repair, and ancillary
purposes and for no other purpose; subject to all local, state and federal
laws and regulations regarding the use of the Leased Premises.
4. NET LEASE
This Lease is a "NET" Lease, and Landlord shall not be required to provide
any services or do any act in connection with the Leased Premises not
herein specifically set forth. The Tenant shall pay its proportionate
share of taxes and insurance, as described in Sections 6 and 8 of this
Lease. Tenant shall be solely responsible for all utility expenses
directly related to utilities servicing the Leased Premises and for the
repairs and maintenance of the Leased Premises as further described within
this lease.
occupied, reasonable wear and tear and damage by fire and the elements
excepted. Tenant shall, at its expense repair, replace and maintain in good
and tenantable condition, clean and sanitary and safe the Leased Premises
and the Property and appurtenances thereto and every part thereof (except
portions of the Premises to be maintained by Landlord under Paragraph b)
including, without limitation, land, parking or driving surfaces, fence,
gate, curbing, landscaping, drainage devices, utility improvements,
exterior maintenance including painting, utility meters, pipes and
conduits, all fixtures, glass, all signs, locks, window sashes or frames,
HVAC system, doors and door frames, security equipment, floor coverings and
all other equipment installed in the Leased Premises and all such items of
repair, maintenance, alteration and improvement or reconstruction to the
Leased Premises or Property as may at any time or from time to time be
required, due to the Tenant's occupancy, by any municipal or governmental
agency having jurisdiction thereof.
Tenant shall keep the Leased Premises and the property in a neat and clean
condition and free from garbage, ashes, waste and accumulation of rubbish
or filth, and all garbage, waste and rubbish shall be removed promptly by
Tenant at its own expense. Tenant shall keep all sidewalks and driveways
of the Leased Premises swept and free from ice and snow and other
obstructions.
b. Landlord's Obligations. Landlord shall repair and maintain in good
and tenantable condition the roof and structural parts of the Leased
Premises unless repair or maintenance is required by the negligent or
intentional conduct of Tenant.
It is understood and agreed that Landlord is under no obligation to make
any repairs, alterations, replacements or improvements to the Leased
Premises or the Property at any time except as expressly set forth in this
Lease.
Notwithstanding anything to the contrary contained in this Lease, Landlord
shall not be liable to Tenant for failure to make repairs required of
Landlord hereunder unless tenant has previously notified Landlord in
writing of the need for such repairs and Landlord has failed to commence
and complete those repairs within a reasonable period of time following
receipt of Tenant's notice.
c. Tenant's Failure to Maintain Leased Premises or Property.
If Tenant fails to repair or maintain the Leased Premises or the Property,
or any part thereof, in a manner reasonably satisfactory to Landlord,
Landlord shall have the right (in addition to all other rights and remedies
provided herein for breach of this Lease), upon giving Tenant reasonable
written notice of its election to do so (and opportunity to cure), to make
such repairs or perform such maintenance on behalf of and for the account
of Tenant. In such event the cost of such work shall be paid to Landlord
by Tenant promptly following receipt of a bill therefor.
10. PARKING AND DRIVES
The Tenant, its employees and invitees shall have the non -- exclusive right
to use the common driveways along with the other tenants and customers of
the property. Tenant shall have the exclusive use of parking lots in the
Leased Premises. The use of such driveways and parking facilities are
subject to reasonable rules and regulations as the Landlord may impose.
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17 . LAND LORD ' S WORK
Tenant has agreed to take the property "as --is" except that upon Tenant's
receipt of a Conditional Use Permit, issued by the City of Oak Park
Heights, Landlord, at its sole cost and expense, shall provide all mains,
conduits and other facilities to supply city sewer and domestic water to
the Leased Premises. It is understood and agreed that if the Tenant's use
of the property requires any special work or improvements to the Leased
Premises to obtain a Conditional Use Permit or other authority to operate
the business for the Tenant and Tenant purpose, and in that event, all such
work or improvements must be completed at Tenant's expense.
18. LIENS
Tenant shall not permit any mechanics or similar liens to be placed upon
the Leased Premises or Building Premises for labor or material furnished to
Tenant or claimed to have been furnished to Tenant in connection with work
of any character performed or claimed to have been performed on the Leased
Premises, whether such work was performed or materials furnished before or
after the commencement of this Lease. Tenant may, however, contest the
validity of a lien or claim, provided Tenant shall give to Landlord
security deemed adequate by Landlord to insure payment of the liens and to
prevent any sale, foreclosure or forfeiture of any portion of the Leased
Premises or Building Premises by reason of non- payment of the lien.
Upon final determination of the validity of a lien or claim, Tenant shall
immediately pay any judgment or decree rendered against Tenant or Landlord
including, but not limited to, all proper costs and charges, and shall
cause such lien to be released of record without any costs to Landlord.
Tenant shall indemnify and hold Landlord harmless, from any cost or
expenses, including attorneys' fees, related to any such lien or claim.
19. LANDLORD'S RIGHT TO INSPECT AND REPAIR
Landlord or its agents have the right to inspect any part of the Leased
Premises at any reasonable time after reasonable advance notice to Tenant
(24 -48 hours). Tenant shall make any repairs which, in Landlord's opinion,
are necessary for the protection, preservation and maintenance of the
Leased Premises or any part thereof. During the ninety (90) days prior to
the expiration of the term of this Lease, or any extension hereof, the
Landlord or its agents may exhibit the Leased Premises to prospective
tenants, after reasonable advance notice to Tenant (24 -48 hours).
20. SIGNS
The Tenant shall have the right at its own risk and expense to place signs
identifying its business on the exterior walls of the Building and next to
any doors opening directly into the Leased Premises, as long as all such
signs conform with the Landlord's building standards and criteria and with
all applicable building and zoning codes. The signs may not be erected
without prior written approval of Landlord. Tenant agrees to maintain and
repair or replace the signs at its sole expense and to remove all of its
signs at the termination or expiration of this Lease term or any extended
term, providing for repair of any damage caused by such removal in a manner
satisfactory to Landlord, and to hold Landlord harmless from any loss, cost
or damages resulting from the erection, existence, maintenance or removal
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