2022-80 CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: November 14, 2022 RESOLUTION NO: 2022-80
MOTION BY: Schubert SECONDED BY: McDonald
A RESOLUTION AUTHORIZING ENTERING INTO A LEASE WITH RIDGEVIEW
FOR THE USE OF FIRE STATION NO. 2
WHEREAS, the City currently owns a operates a fire station (Station #2) at the property
located at 6400 Minnewashta Parkway, Chanhassen, Minnesota; and
WHEREAS, both the City and Ridgeview agree to enter into a Lease for Station #2 based
on mutual public benefits to both parties; and
WHEREAS, the City will remain fee owner of the property and improvements; and
WHEREAS, Ridgeview will act as a Tenant of the facility and be responsible for day-to-
day operational and maintenance expenses; and
WHEREAS, the Lease will become effective on December 1, 2022, for an initial term of
ten (10) years.
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby
authorizes entering into a Lease with Ridgeview for the use of Fire Station No. 2.
PASSED AND ADOPTED by the Chanhassen City Council this 14th day of November,
2022.
ATTEST:
Kim Meuwissen, City Clerk Elise Ryan, Mayor
YES NO ABSENT
Ryan
McDonald
Campion
Rehm
Schubert
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AMBULANCE SUB-STATION LEASE AGREEMENT
THIS LEASE AGREEMENT (this “Lease”) is made as of ____ day of _______________,
2022, by and between City of Chanhassen, a municipal corporation under the laws of the state of
Minnesota (“Landlord”) and Ridgeview Medical Center dba Ridgeview, a Minnesota nonprofit
corporation (“Tenant”).
IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant, the Tenant
leasing those premises from the Landlord and the mutual benefits and obligations set forth in this
Lease, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties to
this Lease (the “Parties”) agree as follows:
DEFINITIONS
1. When used in this Lease, the following expressions will have the meanings indicated:
a. “Property” means the land, building (as described below), and all associated
parking areas, drive areas, exits, entrances, improvements and appurtenances
located on the tract of land legally described as: That part of Lot 2, SCHMID’S
ACRE TRACTS, according to the recorded plat thereof described as follows:
Commencing at the most southerly corner of said Lot 2; then northeasterly,
along the southeasterly line of said Lot 2, a distance of 413.94 feet to the point
of beginning of the land to be described; thence northwesterly, deflecting to the
left 71 degrees 42 minutes 23 seconds, a distance of 260.53 feet; thence
northeasterly deflecting to the right 111 degrees 40 minutes 08 seconds, a
distance of 287.73 feet; thence southeasterly deflecting to the right 70 degrees
26 minutes 43 seconds, a distance of 66.75 feet, to the southeasterly line of said
Lot 2; thence southwesterly along said southeasterly line, a distance of 279.04
feet, to the point of beginning.
b. “Building” means the building, finishes, equipment, fixtures, and all associated
internal or connected appurtenances located at 6400 Minnewashta Pkwy,
Chanhassen, MN 55331 (Chanhassen Fire Station #2).
c. “Premises” means the entire improved Property and all rights appurtenant
thereto and owned by the Landlord.
d. “Rent” means all amounts payable by the Tenant to the Landlord under this
Lease.
INTENT OF LEASE
2. It is the intent of this Lease and agreed to by the Parties of this Lease that the Premises will
be held in Landlord’s full and complete ownership other than furnishings, vehicles, and
equipment supplied by the Tenant. The Tenant shall use the Premises for emergency
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medical services as an ambulance sub-station facility (the “Permitted Use”) for the mutual
benefit of the Landlord and Tenant.
LEASED PREMISES
3. The Landlord hereby agrees to lease to the Tenant and Tenant desires to lease from
Landlord the entire Premises, subject to the terms and conditions set forth below.
TERM AND TERMINATION
4. The term of this Lease shall be for a period of ten years, commencing on December 1,
2022, and expiring at midnight on November 30, 2032 (the “Term”). The Parties shall
renegotiate the Lease for renewal one hundred eighty (180) days prior to expiration of the
Term.
5. Notwithstanding any provision in this Lease to the contrary, either party may terminate this
Lease at any time, with or without cause, upon ninety (90) days written notice to the other
party.
RENT
6. As for the rental of the Premises during the Lease Term, Tenant shall pay to the Landlord
a fixed amount of $0 per month, subject to Tenant adhering to the Use and Occupation and
Care of Premises. Failure of Tenant to adhere to said terms is subject to Landlord imposing
a change to the Rent.
USE AND OCCUPATION
7. During the entire Lease Term, the Premises shall be leased, used and occupied by Tenant
for an ambulance sub-station facility, in accordance with all applicable governmental laws
and regulations, and all other recorded covenants, conditions, restrictions which are
recorded on the date thereof and for no other purpose without prior written consent of
Landlord. Tenant shall not cause injury to the improvements on the Premises, or entire
Property, and shall not use the Premises in a manner that would constitute a public or
private nuisance or constitute waste.
8. Tenant covenants and agrees with Landlord that it will base at least one ambulance at the
Premises during the Lease Term. The parties acknowledge that the ambulance(s) stationed
at the Premises will leave the Premises from time to time to perform services, and that the
ambulance(s) may be relocated by Tenant to other locations on a temporary basis from time
to time to maintain ambulance coverage to Tenant’s service area and to meet day-to-day
operational requirements, as Tenant determines in its sole discretion. Tenant shall provide
satisfactory coverage of Landlords municipal boundary as a condition of the Lease.
9. Tenant covenants and agrees to utilize the Landlord’s access control components of the
main entry door. Internal areas, other than the mechanical room where Landlord houses
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utility related control equipment, may be secured by Tenant in a manner deemed necessary.
Landlord shall have uninterrupted access to Premises, front door and mechanical room at
all times.
CARE OF PREMISES
10. Tenant will promptly notify the Landlord of any damage, repairs or any situation that may
significantly interfere with the integrity of the Premises.
11. Tenant shall clean the Premises and arrange for trash removal from the Premises in a
manner sufficient to keep and maintain the Premises in a clean and safe condition.
12. The Tenant is responsible for all typical maintenance and repairs of the Premises; including
but not limited to, snow removal, parking lot sweeping, window washing, and trash
removal. The Landlord will remain responsible for the main structural components of the
building along with the structural components of the parking lots and main drive areas.
TAXES, UTILITIES AND OPERATING COSTS
13. Landlord shall bear, pay and discharge all real estate taxes, assessments (if any) which shall
be charged, assessed, imposed or levied, or become a lien upon or on account of the
Property or any appurtenances thereof.
14. Throughout the Lease Term, the Tenant shall provide and pay for all adequate utilities to
the Premises so as to protect the same from damage and for its Permitted Use. Tenant shall
provide for the direct payment of all monthly charges for utility services provided to the
Premises during the Lease Term.
15. Tenant shall be solely responsible for costs and expenses incurred in connection with its
normal business operations.
16. Landlord shall not be liable to Tenant should the furnishing of utility services be interrupted
because of repairs, installation of improvements or for any other cause.
REPAIRS AND MAINTENANCE
17. The Tennant shall, at its own cost and expense, maintain the Building in good condition
and repair. The Tenant’s obligations shall include all routine service, repairs and
maintenance of service doors, electrical, plumbing, heating, air conditioning and
mechanical equipment. Tenant shall also provide for signage, snow removal, parking lot
sweeping, irrigation and lawn maintenance, pest control, window washing. as needed on
the Premises. The Landlord shall, at its own cost and expense, provide for the repair and
maintenance of parking lot lighting structures, repaving of parking areas, and repair or
replacing of building structural components.
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18. Tenant shall, at its sole cost and expense, maintain and repair any Tenant improvements,
approved by the Landlord, or alterations made to Premise by Tenant after the date of the
Lease, repair any damage to the Premises caused by installation or moving of Tenant’s
furniture, equipment or personal property, to equal quality and condition of the Premises
prior to the damage caused by Tenant, its employees, agents or invitees. Tenant shall not
defer any repairs or replacements to the Premises by reason of the anticipation of the
expiration of the Term. Upon expiration or earlier termination of this Lease, Tenant shall
surrender the Premises to Landlord broom clean and in good condition and repair excepting
only (a) normal wear and tear; and (b) losses due to Landlord’s failure to maintain the
Property (including the Premises) or to make repairs which Landlord is required by this
Lease to make.
19. Landlord will reserve full ownership and maintenance of specialized municipal
infrastructure needing to remain in use and on location at the Premises, including IT
switches, wiring, water meter collection antennas, and access control components. Tenant
shall not touch, manipulate, or interfere in any way any of these Landlord owned
components. Tenant shall furthermore alert Landlord immediately if any of the Landlord’s
owned components are known to have been impacted, damaged, or displaying signs of
malfunction.
CONDITION OF PREMISES AND IMPROVEMENTS/ALTERATIONS
20. Except as expressly provided for in this Lease, Landlord makes no representations or
warranties, either express or implied, regarding the condition of the Premises or suitability
of the Premises for Tenant’s proposed uses.
21. Tenant may have signage as permitted by and subject to Landlord’s consent. Such consent
shall be given or withheld at Landlord’s sole discretion.
22. Tenant may not make any alterations, additions, or improvements (“Alterations”) in or to
the Premises without the Landlord’s prior written consent in each instance which consent
will not be unreasonably withheld or unduly delayed for non-structural Alterations which
are not visible from the exterior of the Premises or do not affect the exterior appearance of
the Premises. All Alterations made by Tenant shall be at its sole cost and expense.
Landlord’s consent to an Alteration may be contingent upon the furnishing of certificates
of insurance, waivers of lien and receipt of such information as Landlord may reasonably
require. Tenant shall cause its contractors to carry any required worker’s compensation
insurance and to obtain all required permits.
23. Upon written request by the Tenant for Landlord approval of Alterations, Landlord shall
notify Tenant in writing which Alterations must be removed from the Premises upon
termination of the Lease; all other Alterations shall remain on the Premises and shall
become the property of Landlord. Tenant shall remove the Alterations designated by
Landlord for removal and shall repair any damage to the Premises caused by such removal,
all at Tenant’s sole expense, on or before the Termination Date. If Tenant fails to remove
the Alterations as required hereunder, Landlord may remove the Alterations and may, at
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Landlord’s option, store or destroy them and all costs incurred by Landlord shall be
promptly reimbursed by Tenant. Tenant’s obligations under this Section shall survive the
expiration or termination of this Lease.
24. All work on the Premises performed by Tenant or Tenant’s contractors, agents or
employees during the Lease Term, whether in formal maintenance, repair, replacement,
Alterations or work in compliance with law, shall be performed by contractors approved
in advance by Landlord, shall be performed in a good and workmanlike manner and in
accordance with the law, shall not impair the structural integrity of the Building or the
exterior appearance, and shall be free and clear from all mechanics’ lien claims against the
Premises (provided that Tenant shall have the right to contest mechanics’ lien claims).
COMMON AREAS
25. Tenant and Tenant’s employees, customers and invitees shall have nonexclusive right to
use the parking spaces located on the Property. Landlord reserves the right to use certain
parking spaces from time to time. Tenant shall not permit vehicles and/or trailers to be
abandoned or stored in the Property’s parking or loading areas.
DAMAGE OR DESTRCUTION
26. If the Premises is destroyed or damaged in whole or in part by fire, or the elements, or as a
result directly or indirectly of war, or by act of God, or by any other cause whatsoever (a
“Casualty”), Tenant shall give notice thereof to Landlord, and except as otherwise provided
for below, Landlord at Landlord’s cost and expense may, but not be required to, promptly
repair, restore, replace and rebuild the Building and Premises, including all alterations,
improvements and additions to at least as good condition as it or they were in immediately
prior to such occurrence.
27. Further, if the Premises is destroyed by Casualty, Landlord, at its option, may terminate
the Lease upon written notice to Tenant within thirty (30) days after the date of Casualty.
Upon such termination, each party shall keep its respective property insurance proceeds.
28. The net proceeds of any insurance shall be applied in payment of the cost of such repairing
or rebuilding as the same progresses. If the insurance proceeds exceed the cost of such
repairs or rebuilding, then each party shall keep its respective balance remaining after
payment of the cost of such repairs or rebuilding.
29. The provisions in this Section Damage or Destruction shall be considered an express
agreement governing any case of damage or destruction of the Premises by Casualty and
any law now or hereafter in force which is inconsistent with the provisions of this Section
Damage or Destruction shall have no application.
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CONDEMNATION
30. If at any time during the Lease Term, all or substantially all of the Premises are taken by
the exercise of the power of condemnation or eminent domain or conveyed under the threat
of eminent domain, then this Lease shall terminate as of the date of possession is taken by
the condemnor. The entire compensation award shall belong to Landlord and Tenant shall
have no interest therein; except that Tenant shall have the right to make a separate claim
for its personal property or relocation benefits in accordance with applicable law, provided
that the award to Landlord is not reduced thereby.
31. If more than twenty percent (20%) of the area of the Premises reasonably necessary for use
of the Premises are taken by the exercise of the power of eminent domain or sold under the
threat of eminent domain, then Tenant shall have the right to terminate this Lease if the
portion of the Premises remaining are such that their continued uses for the purposes for
which the same were being used immediately prior to such taking is reasonably impractical
or economically imprudent as determined by the Tenant. Termination shall be as of the
date of legal possession is taken by the condemnor. The option to terminate herein granted
shall be exercised in writing by the Tenant within thirty (30) days after the date of the
taking or possession by the condemnor. If this Lease is not terminated, then Tenant, with
reasonable diligence and at its own expense, shall restore any improvements upon the
Premises affected by the taking, even if the total cost for such restoration is in excess of
the amount awarded or paid by the condemnor for such purpose, and Landlord shall make
the proceeds of the condemnation award available for said purpose. Rent shall abate in the
event of any partial taking hereunder to the extent to which the Premises are untenantable.
INSURANCE
32. For the purposes of providing insurance coverage during the Lease Term, Tenant shall
provide and maintain in full force and effect at no cost to Landlord the following insurance
coverages with the minimum limits as indicated:
a. Commercial general liability insurance, occurrence form (or its equivalent
satisfactory to Landlord) with liability limits of not less than $1 million per
occurrence, $3 million aggregate (to include products/completed operations and
personal/advertising injury); $100,000 fire damage. Landlord shall be included
as an ADDITIONAL INSURED under such insurance, using an additional
insured endorsement or a substitute providing equivalent coverage.
33. Tenant, at its option, may purchase business income, business interruption, extra expense
or similar coverage as part of this commercial property insurance and insurance to cover
its personal property. In no event shall landlord be liable for any business interruption,
damage to or loss of property or any other consequential loss sustained by Tenant, whether
or not it is insured even if such loss is caused by the negligence of Landlord, its employees,
officers, directors or agents.
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34. For the purposes of providing insurance coverage during the Lease Term, Landlord shall
provide and maintain in full force and effect at no cost to Tenant insurance coverages with
minimum limits matching its other facilities, (which may also be revised to reasonable
amounts consistent with similar industry practice at the Landlord’s discretion from time to
time):
35. Parties agree to furnish copies of any insurance policies for the other party’s review if
requested. Parties shall also furnish the other party with duly executed Certificates of
Insurance certifying that all required insurance has been provided and that the insurance
companies will give the other party thirty (30) days prior written notice of any cancellation
of insurance coverage.
36. Notwithstanding anything apparently to the contrary in this Lease, Landlord and Tenant
hereby release one another and their respective officials, directors, officers and employees
from any and all liability (to the other or anyone claiming through or under them by way
of subrogation or otherwise) for any loss or damage covered by property insurance or
coverable by a customary form of the “All Risk” property insurance required as set forth
above, even if such loss or damage shall have been caused by the fault or negligence of the
other party, or anyone form whom such party may be responsible.
COMPLIANCE WITH LAWS
37. Subject to the obligations imposed on Landlord in this Lease, Tenant, at its sole cost and
expense, shall comply with: (i) any and all laws, statutes, ordinances, regulations, fire
codes, building codes, and restrictions and easements of record, now or hereafter in force,
applicable to the performance of Tenant’s operations on the Premises or relating to the use
of any Tenant Alterations or to the making of repairs, changes, alterations or improvements
of such Tenant Alterations; (ii) any and all reasonable rules and regulations applicable to
the conduct of Tenant’s operations on the Premises issued by insurance companies
(including Landlord’s fire underwriters, if any) writing policies covering the Premises to
the extent that noncompliance will result in premium increases (or, in the alternative,
Tenant may, at its option, pay such premium increase as additional rent hereunder).
38. Landlord, at its sole cost and expense, shall comply with any and all laws, statutes,
ordinances, regulations, fire codes, building codes and restrictions and easements of record,
now or hereafter in force, applicable to the Property or to making of repairs, changes,
alterations or improvements to the Property.
ENVIROMENTAL MATTERS
39. “Environmental Laws” shall mean any and all laws and regulations of the United States,
the State of Minnesota or any political subdivision or agency of either of them, which are
now in effect or hereinafter enacted or amended that deal with the regulation or protection
of the environment, including ambient air, groundwater, surface water, land use, including
sub-strata land. Environmental Laws shall also include, but are not limited to the
regulations under the Clean Air Act, the Federal Water Pollution Control Act, as amended
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by the Clean Air Act of 1977, the Safe Drinking Water Act, the Occupational Safety and
Health Act of 1970 (“OSHA”), the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 (‘CERCLA”), the Resource Conservation and
Recovery Act of 1976 (“RCRA”), the Toxic Substances Control Act of 1976 (“TSCA”)
and any amendments of the foregoing or rules promulgated thereunder.
40. Tenant shall comply in all respects with all present and hereinafter enacted Environmental
Laws, and any amendments thereto, relating to Tenant’s operations on the Premises. Tenant
shall immediately notify Landlord of any correspondence or communication from any
governmental entity regarding the application of Environmental Laws to the Premises or
Tenant’s operations on the Premises or any change in Tenant’s operations on the Premises
that will change or has a potential to change Tenant’s or Landlord’s obligations or liabilities
under the Environmental Laws.
LIABILITY AND INDEMNIFICATION
41. Subject to the provisions of Section 37 of this Lease, each party agrees that it will be
responsible for its own acts and the results thereof to the extent authorized by law and shall
not be responsible for the acts or omissions of the other party and the results thereof.
42. Tenant hereby agrees to indemnify and hold harmless Landlord, and Landlord’s officers,
officials, agents, and employees from and against any and all loss, damage, and expense
(including but not limited to, reasonable investigation and legal fees and expenses),
including, but not limited to, any claim or action for injury, liability, or damage to persons
or property, and any and all claims or actions brought by any person, firm, governmental
body, or other entity, alleging or resulting from or arising from or in connection with
contamination of or adverse effects on the environment, or in violation of any
Environmental Law or other statute, ordinance, rule, regulation or order of any government
or judicial entity, and from and against any damages, liability, cost, and penalties assessed
as a result of any activity or operation on the Premises during the Lease Term. Tenant’s
obligations and liabilities under this Section shall survive the expiration of this Lease.
43. Subject to the limitations provided in Minn. Stat. Ch. 466, Landlord hereby agrees to
indemnify and hold harmless Tenant, and Tenant’s officers, officials, agents and
employees from and against any and all loss, damage, and expense (including but not
limited to, reasonable investigation and legal fees and expenses), including, but not limited
to, any claim or action for injury, liability, or damage to persons or property, and any and
all claims or actions brought by any person, firm, governmental body, or other entity,
alleging or resulting from or arising from or in connection with contamination of or adverse
effects on the environment, or in violation of any Environmental Law or other statute,
ordinance, rule, regulation or order of any government or judicial entity, and from and
against any damages, liability, cost, and penalties assessed as a result of any activity or
operation on the Premises prior to the Effective Date of this Lease or continues to be a
result of any direct or indirect event prior to the Effective Date of this Lease. Landlord’s
obligations and liabilities under this Section shall survive the expiration of this Lease.
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DEFAULT AND REMEDIES
44. The occurrence of any of the following shall constitute a “Default” of this Lease by Tenant:
a. If any Rent or other monetary sum due remains unpaid for five (5) days after
such sum is due and Tenant fails to pay such sum within ten (10) days of
receiving notice from Landlord demanding payment;
b. If Tenant fails to perform or violates any other of the covenants, conditions,
obligations or restrictions of this Lease, which failure to perform or violation
remains uncured for a period of thirty (30) days or more after notice thereof
from the Landlord to Tenant; provided, however that if such failure cannot
reasonably be cured within the thirty (30) day period, and Tenant is diligently
pursing a cure of such failure or violation, then Tenant shall, after receiving
notice specified herein, have a reasonable period to cure such failure or
violation, not exceeding one hundred eighty (90) days, provided Tenant is
continuously exercises due diligence in the cure of the same.
c. If Tenant becomes insolvent, or if proceedings are commenced against Tenant
hereunder in any court under any bankruptcy act or for the appointment of a
trustee or receiver of Tenant’s property and are not dismissed within sixty (60)
days, or if Tenant files any assignment for the benefit of creditors, is not
generally paying its debts as the same become due, or is taken over by any
government regulatory agency having the jurisdiction to do so and such agency
does not fully comply with the obligations imposed on Tenant hereunder, or if
Tenant abandons or vacates the Premises or advises Landlord in writing that it
intends to discontinue business operations.
45. In the event of any Default, and without any notice, except, if applicable, the notice prior
to Default required under circumstances set forth in Section 47 above, Landlord shall be
entitled to exercise, at its option, concurrently, successively, or in any combination, any
and all remedies available by law or in equity, including without limitation any one or more
of the following:
d. To terminate this Lease.
e. To terminate Tenant’s occupancy of the Premises and to reenter and take
possession of the Premises or any part thereof (which termination of occupancy
and reentry shall not operate to terminate this Lease unless the Landlord
expressly so elects) and of any and all fixtures which are located on the
Premises and owned by Landlord.
f. To recover from Tenant all expenses, including attorneys’ fees, reasonably paid
or incurred by Landlord as a result of any such Default.
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g. To recover from Tenant all Rent not paid at the time of any Default and any
sums thereafter accruing as they become due under this Lease, if the Lease has
been terminated, during the period from the Default to the Termination Date.
h. Landlord’s right to exercise the remedies set forth in this Section shall survive
the expiration or termination of this Lease.
46. In the event of any Default by Tenant, or in the event of a failure by Tenant to perform any
covenant, condition, obligation or restriction under this Lease pertaining to the repair or
maintenance of the Premises (prior to the expiration of any applicable grace or cure period)
that Landlord reasonably deems of an emergency in nature Landlord may, at its option, but
shall not be obligated to, immediately or at any time thereafter, and without notice except
as required herein, correct such Default or failure without, however, curing the same, for
the account and at the expense of Tenant. Any sum or sums paid by Landlord, together
with any applicable interest, and al costs or damages, shall be deemed to be Additional
Rent hereunder and shall be due from Tenant to Landlord upon demand.
RIGHT OF ENTRY TO PREMISES
47. Landlord and its authorized representatives shall have the right to enter the Premises or any
part thereof, at any time, to inspect the same for the purposes of determining Tenant’s
compliance with the terms of this Lease, to operate and maintain its equipment, or to make
repairs required hereunder.
ASSIGNMENT AND SUBLETTING
48. Except as set forth herein, Tenant shall not mortgage, encumber or assign this Lease or any
interest therein, or sublet all or any portion of the Premises, or allow the use of any portion
of the Premises by any third party.
49. Landlord shall have the right at any time to sell or convey the Premises subject to this Lease
or to assign its rights, title and interest as Landlord under this Lease in whole or in part. In
the event of any such sale or assignment (other than a collateral assignment as security for
an obligation of Landlord), and provided that assignee assumes all of the Landlord’s
obligations under this Lease from and after the date of transfer, Landlord shall be relieved
from and after the date of such transfer or conveyance of liability for the performance of
any obligation of Landlord contained herein, except for obligations or liabilities accrued
prior to the date of such assignment or sale, and Tenant shall attorn to the purchaser or
assignee (as the case may be).
NOTICES
50. Any notice or other communications required or permitted to be given by either party
pursuant to this Lease shall be in writing and sent to the other party to the addresses set
forth below:
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To Tenant: Ridgeview Medical Center
500 South Maple Street
Waconia, MN 55387
Attn: President
To Landlord: City of Chanhassen
7700 Market Blvd.
P.O. Box 147
Chanhassen, MN 55317
Attn: City Manager
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly giver pursuant to this Section. All notices shall be deemed
received when delivered, if hand-delivered, or three (3) business days after deposit with the United
States Postal Service, postage prepaid and sent by certified mail, return receipt requested, or one
(1) business day after deposit with a nationally recognized overnight commercial courier service,
airbill prepaid. Notices by facsimile or e-mail alone are not sufficient.
GENERAL PROVISIONS
51. Quiet Enjoyment. So long as the Tenant shall timely pay the Rent and all sums herein
provided and shall keep and timely perform all of the terms, covenants, and conditions on
its part herein contained, Landlord covenants that Tenant, subject to Landlord’s rights
herein, shall have the right to the peaceful and quiet occupancy of the Premises.
52. Waiver. Waiver of any matter shall not be deemed a waiver of the same or any other matter
on any future occasion.
53. Amendment. Any amendments to this Lease shall be effective only if in writing and signed
by the authorized representative of both parties.
54. Severability. If any terms or provisions of the Lease shall be declared to be invalid or
unenforceable, then the remaining provisions and conditions of this Lease shall not be
affected thereby and shall remain in full force and effect and shall be valid and enforceable
to the fullest extent permitted by law.
55. Entire Agreement. This Lease constitutes he entire agreement between the parties with
respect to the subject matter hereof, and there are no other representations, warranties, or
agreements except as herein provided.
56. Counterparts. This Lease may be executed in one or more counterparts, each of which
shall be deemed an original.
57. Binding Effects. The terms and conditions of this Lease shall be binding upon and benefit
the parties hereto and their respective successors and assigns.
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58. Attorneys’ Fees. In the even of litigation arising out of this Lease or on account of any
breach or default hereof, the prevailing party shall be entitled to court costs, out-of-pocket
expenses and reasonable attorneys’ fees from the other party.
59. Headings. Headings used throughout this Lease are for convenience or reference only and
shall not be considered in any manner in the construction or interpretation of this Lease.
60. Governing Law. This Lease shall be construed and governed by the laws of the State of
Minnesota.
61. Force Majeure. Landlord or Tenant shall not be liable for any failure or delay in
performance under this Lease (except for payment of money due and payable hereunder)
to the extent that said failures or delays are proximately caused by conditions beyond their
reasonable control and occurring without their fault or negligence, including without
limitation, failure of suppliers, subcontractors, and carriers, labor disputes, casualties, acts
of war or acts of God.
62. Exhibits. The terms and diagrams set forth in the Exhibits to this Lease are hereby
incorporated by reference as part of this Lease as though the contents of such Exhibits were
set forth in full herein.
IN WITNESS WHEREOF, Landlord and Tenant have entered into this Lease as of the
date first above written.
Landlord: Tenant:
City of Chanhassen Ridgeview Medical Center
By: ________________________ By: ________________________
Its: Mayor Its: Ambulance Director
By: ________________________
Its: City Manager
DocuSign Envelope ID: 153EDD12-3344-4E03-B2B1-B6102DDEA55F