HomeMy WebLinkAboutOT 2005-00054 Tempoary Seasonal Garden Center • "City of Oak Park Heigh" METER NO:
1- .68 Oak Park Blvd. N. #_ ,07
Oak Park Heights, MN 55082 -2007 PERMIT N0.:0500054
651/439-4439 FAX : 651/439-0574 DATE ISSUED: 03/18/2005
Address 5801 Neal Ave N
PIN :06- 029 -20 -11 -0011
Legal Desc :Subdivision OAK PARK PONDS ADDITION
:Lot 2 Block 1 Parcel
Permit Type :Other
Property Type :Commercial
Construction Type :Misc
Activity
NOTE: Permit issued for temporary Linders Greenhouse retail area in Kowalski's
parking lot. Retail season to be approx. April 15 - July 15. Flower
Mart shall not obstruct safe traffic flow.
OWNER OTHER PERMIT FEE $25.00
United Properties OTHER PERMIT SURCHARGE $0.50
3500 American Blvd W Total $25.50
Bloomington, MN 55431- Paid with check # 19688
APPLICANT
LINDERS GREENHOUSES INC
5801 Neal Ave N
Oak Park Heights, MN 55082 -0
AGREEMENT AND SWORN STATEMENT
The work for which this permit is issued shall be
performed according to : (1) the conditions of this
permit; (2) the approval plans and specifications; (3) the
applicable city approvals, Ordinances, and Codes; and,
(4) the State Building Code. This permit is for only the
work described, and does not grant permission for
additional or related work which requires separate
permits. This permit will expire and become null and
void if work is not started within 180 days, or if work
is suspended or abandoned for a period of 180 days any
time after work has commenced. The applicant is
responsible for assuring all required inspections are
requested in conformance with the Minnesota State Building
Code.
SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE.
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LICENSE AGREEMENT
This License Agreement is made by and between Kowalski Companies — Oak Park Heights
(hereinafter referred to as "Licensor ") and Linder's Greenhouses Inc. (hereinafter referred to as
"Licensee ").
WITNESSETH THAT WHEREAS:
Licensor has agreed to grant a license to Licensee upon certain terms and conditions.
Now, therefore in consideration of the mutual agreements herein contained, and for other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
hereto hereby agree as follows:
1. GRANT OF LICENSE Subject to the terms and conditions hereof, Licensor
hereby grants Licensee an exclusive license to operate a Greenhouse upon that
portion of parking lot outlined in Exhibit A (attached hereto). The license shall
allow Licensee, its employees and agents to enter upon the premises for the
purpose of conducting business (defined hereinafter) and for the purpose of
erecting and maintaining temporary structures and other personal property upon
the premises in connection with Licensees operation. Said license shall commence
March 15, 2005 and expire July 15, 2005. Selling season is to be from
approximately April 15 through July 15, 2005.
2. LICENSEES ACTIVITIES The Greenhouse shall consist of flowers, plants,
nursery stock and other related items offered to the public for sale. All
Greenhouse activities conducted on the premises shall meet all Local, State and
Federal laws as they relate to this type of business. With the assistance where
needed of the Licensor the Licensee shall obtain all necessary permits, licenses,
approvals, and any other government authorization needed to operate its business
lawfully upon the premises.
3. CANCELLATION In the event that Linder's Greenhouses Inc. is unable to secure
necessary licenses and or permits from governing authorities to open for business,
or reasonable access to water or electricity then this License agreement shall
become null and void.
4. GREENHOUSE OPERATION Licensee shall conduct its activities upon the
Greenhouse site at all times in a safe and orderly manner. Licensee shall provide, at
Licensees expense, all personnel, equipment, and other items necessary to set -up,
operate, and take down Greenhouse including, but not limited to:
a) Necessary hoses and extension cords to operate equipment and water
plants.
1
b) Cleaning of premises and area immediately surrounding premises. Licensee
shall haul away its trash at its own expense.
c) Final clean -up of the premises promptly upon completion of license
agreement.
d) All employees of said Licensee.
e) Greenhouse promotion and advertising.
5. FEE In consideration of the license herei ranted to Licensee. Licensee shall pay Licensor
and 00 /100 Dollars (` Lpayable in two equal installments of
and 00/100 Dollars ($, . ) each. First payment shall be due prior to May 10,
2005 and the second /final payment s' jl be due prior to June 1, 2005.
6. UTILITIES Licensor shall allow Linder's Greenhouses Inc. to hook up to water
and electricity for Licensees use during the entire term of this lease. Utilities are to
be available 24 hours per day. The Licensee shall be responsible for and promptly
pay all charges for such electricity and water used during the term of this license.
Where these utilities are purchased from other tenants, owners, or landlords the
Licensor shall assist in making arrangements for these services. See section #3.
7. INSURANCE Licensee shall procure and maintain in force during the term of this license,
at Licensees sole cost and expense, a policy of general liability insurance, insuring Licensee
from all claims sustained by one or more persons in the amount of at least One Million and
no /100 Dollars ($1,000,000.00), and arising from, related to, or connected with Licensees
presence or activities upon the premises.
8. FINAL CLEAN -UP Licensee shall be responsible for final clean -up of site after
completion of License. Licensor shall allow a reasonable period of time to clean -up
and remove all equipment, structures, product etc. and return parking lot to its
condition prior to use, ordinary wear and tear excepted.
9. SAVINGS CLAUSE The invalidity or unenforceability of any provision of this
lease shall not affect or impair the validity of any other provision.
10. CARE OF PREMISES Licensee shall keep all exterior storefront surfaces of the
premises clean and maintain the Premises at its expense in a clean, orderly and
sanitary condition. Licensee shall remove any refuse at its expense and will comply
with all laws, ordinances, rules and regulations of government authorities.
11. INDEMNITY AND WAIVER OF SUBROGATION Neither Licensor nor Lessor shall be
liable for, and Licensee shall indemnify and hold harmless Licensor and Lessor against, any
loss, liability, cost or expense (including reasonable attorneys' fees) arising out of any claim
of injury or damage caused by or arising out of (i) the negligence, misconduct, or breach of
this License Agreement, by Licensee, its employees, delivery drivers, assignees, or invitees,
or (ii) Licensee's use of or presence on the Licensed premises, and Licensee shall diligently
defend Licensor and Lessor against any such claims. Further, Licensee, on behalf of itself
and anyone claiming under or through Licensee, hereby waives all rights, claims and causes
of action against licensor and Lessor for any liability arising out of any loss or damage to
property, regardless of the cause, including if caused by the negligent or intentionally
wrongful acts of lessor, Licensor, their employees or agents.
12. ENTIRE AGREEMENT This agreement constitutes the complete and final
agreement between the parties hereto. This agreement may be modified or altered
only by agreement between Licensor and Linder's Greenhouses Inc. (Licensee).
IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of the date
below written.
K WALSKI MPANIES LINDER'S GREENHOUSES INC.
Caio C. Cella
Its : j • L ' 1� �' " Its: Division Manager — Flower Marts
it r
Date : U� Date : January 17, 2005
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