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A Old St. Hubert's ChurchCITYOF CHANHASSEN 690 G0, Ce, ret Drive PO Box 147 Min,esota 55317 Phone 952.937.1900 General Fax 952.937.5739 952.937.9152 Building Department Fax' 952.934.2524 Web Site www. ci. ct,anhasse,.,m, tts MEMORANDUM TO: FROM: DATE: Scott A. Botcher, City Manager Todd Gerhardt, Assistant City Manager~: March 27, 2001 SUB J: Ownership Issue of Old St. Hubert's Church CURRENT LEASE HISTORY A lease exists between St. Hubert's Church and the City of Chanhassen (see Attachment #1) for rental of the Old St. HubeWs Church building on the southeast comer of West 7gth Street and Great Plains Boulevard. The City then subleases the building to Colonial Church At Heritage Square (see Attachment #2). City & St. Hubert's Lease Terms: Four 5-year terms, not to exceed a total of 20 years. Started on December 3 i, ! 988. The last five year tem~ was not approved by the City, and it is the City Attorney's opinion that we are now- on a month-to-month lease with St. Hubert's. Rate: One dollar per year and the City provides public liability and structural physical damage insurance. City & Colonial Church at Heritage Square Lease Terms: Month-to-Month Rate: $475/month plus Colonial agrees to pay all utilities, which. averages about $1,000 per month. BACKGROUND During the 1976-78 time frame, St. Hubert's undertook a process of determining its needs for the old St. Hubert's Church building vacated when the new church was built across the street. The church committee decided that they could not decide. The congregation was split as to whether the building should remain as a community building or be demolished. The issue was presented to the city. The City Council incorporated the property into the downtown redevelopment City o£Chanhassen. A crou,i,¢ co,,mmit~, w/dj c/ea, /akes. a,a/in, schoo/s, a chamdn.~ downtown, t/,'ivin~ businesses, a,d beautihd parks. A ~reat dace to live. work. Mr. Scott A. Botcher March 28, 2001 Page 2 plan, which at the time included a central city park that would encompass the Pauly's Bar/Bottle Shop, old Village Hall, vacated Great Plains Boulevard, and old St. Hubert's Church properties. The area was envisioned to be quite attractive as a historical area and provide land area for typical downtown park uses, i.e. band shell, summer conceders, and historic buildings, as well as the attractiveness of a typical park within a downtown area. Following this decision by the City Council, the City and St. Hubert's Church entered into a long-texan lease (20 years), which was to be renewed (renegotiated) at five-year intervals. Various community and private groups used old St. Hubert's Church during t 979/80. Monies received were minor. The church had not been maintained for several years and the City, through various grants, completed major improvements, including a new furnace, rafter repairs, re-leading stained glass windows, etc. From 1980-1989, the city entered into a sub-lease agreement with the Family of Christ Lutheran Church. In mid- 1989, after Family of Christ moved into their new facility, we entered into a sub- lease agreement with the Colonial Church at Heritage Square. In 1981, the church was placed on the National Historic Register. CURRENT POSITION Approximately txvo years ago, the City Council directed staff to discuss the purchasing of the church with St. Hubert's. Several meetings have been held- xvith various representatives of St. Hubert's, but no agreed upon transaction has come from these meetings. Now, the current sub-lessee is interested in purchasing old St. Hubert' s, but only if they can make modifications to the historic building, and that the city sell them the old "Pony/Pauly/Pryzmus" site (not including the parking lot) so that they can build an educational/ administrative facility and somehow attach it to the St. Hubert's building (walkway, breezeway, etc.). They would then use the historic building for their church services. SUMMATION We are now at a point where Colonial Church at Heritage Square should come before the City Council with their proposed plan. g:\admin\tg:~st huberts lease.doc OLD ST. HUBERTtS CHURCH SUBLEASE AGREEMENT THIS AGREEMENT, made and entered into' as this ~~ day. of ~}~e. ce~.~.c , 1991, by and between the CITY OF CHANHASSEN, a Minnesota municipal' corporation ("City"), and COLONIAL CHURCH AT HERITAGE SQUARE ("Church"). WITNESSETH, that the City and the Church in consideration of the mutual covenants herein contained, hereto recite and agree as follows: SECTION 1. RECITALS 1.01 Lease. The City has leased the premises commonly known as Old St. Hubert's Church ("Premises") from the Church of St. Hubert's of Chanhassen for an initial term of five (5) years with options to renew the within lease for successive five (5) year terms, not to exceed a total of twenty-fiVe (25) years, upon the same terms and conditions. A copy of this lease is attached as Exhibit "A" and made a part hereof. The City of Chanhassen has exercised its option to rent Old St. Hubert's Church for an additional five (5) years commencing January 1, 1989, a copy of the notice to the St. Hubert's Church from the City is attached as Exhibit "B" and made a part hereof. 1.02 Sublease. Colonial Church at Heritage Square desires to sublease the premises from the City for use as a place of worship, including facilities for church committee meetings, church office space, Sunday school, choir practice, and related church activities. r12119/91 1.03 Consent of city. The City agrees to the sublease of the premises upon the following terms and conditions. SECTION 2. SUBLEASE TERMS AND CONDITIONS 2.01 Term of Sublease and Rental. The term of the written sublease shall be from January 1, 1992, to December 31, 1992, the Church paying therefor the rent of Five Thousand Seven Hundred and 00/100 Dollars ($5,700.00), payable monthly in advance the sum of Four Hundred Seventy-five and 00/100 ($475.00). 2.02 Additional Terms and Conditions. In addition to the foregoing, the Church agrees to the following terms and conditions: 1. To abide by all the terms and conditions in the lease between the City and Church of St. Hubert's of Chanhassen. 2. To assume all utility costs including heat, garbage, electricity, sewer, and water, and maintenance including general mechanical, painting, decorating, grass cutting and snow-removal. Snow removal does not include snow removal on Heritage Square. 3. To retain the historical value of the sanctuary to the City and Church of St. Hubert's, and not to remodel the same. 4. Church agrees to protect and save City and the Church of St. Hubert's of Chanhasen from any claim for injuries to property of person or death resulting from accident or other happening on the premises, and to carry public liability insurance in the amount of $1,000,000 to protect Church, City, and Church of St. Hubert's of Chanhassen. Church shall furnish City a copy of an insurance certificate evidencing this coverage before Church occupies the premises. 5. Church agrees to protect and save City and the Church of St. Hubert's of Chanhassen from any claim for injuries to property or person or death resulting from accident or other happening on the premises. 6. The Church has inspected the premises and leases it "AS IS". 7. The City shall make physical or structural repairs as they see necessary. -2- SECTION 3. CONSENT OF OWNER 3.01 Consent of Owner. This sublease shall become effective upon the written consent of the Church of St.. Hubert's of Chanhassen, as owner of the premises, which consent shall be endorsed hereon. IN TESTIMONY WHEREOF, the City and the Church have signed this instrument as of the day and year first above written. CITY OF CHANHASSEN Donald J/-~hmi~~ayor Don Ashworth, Its CONSENT Consent is hereby given for the above sublease to Colonial Church at Heritage Square. BY,CHURCH Its~'~~ ' OF ~ST.~HUBE~T ' ~~SSEN AND i s~~V~ /~ Dated this day of , _1~9~. -3- Form 16:~4--Lease--Fnr Stetro or Commercial Building,. i)arl Y _o/'the/'irxt purl, hvrei,w'tcrvu/h,d Lc.,'.,',r ..... 'ed · 1,t!] ~,i' Miller-Davi~ Co., .Minn,'al.,lis. Minn. December ,'"; 88 CITY OF CHANHASSEN, a Minnesota Municipal Corporation /~ur; Y______,,/ .':-,' .,'cl'uJtd /)url, /t,,rFl'n~U'll.r i,u//,,d £,..,.x,,t, .; t[TT. VESSETH, T]ltlt. the .wild l~art. Y o~ ants hercintt]'ler mentioned, d.eS. .hcrehy [)t,lill'.s.t,. ].t,tl.S,t. ti,it] ].t,[ ll?lto tile .s'aid l)ttrlV of []tt~ xvt,- cad part, aud the a'~dd /)art Y of the Reft,lid /Jurl, th,e~ h,.rc,.:,l ]tire tt~t[ ltl~'e ]'rolll Ih,', .s. uid p~lrt~ o~ the ]Trst tmrt, the follou'inff dexcribed premise,s', x[luult'd iu the Ch't!~ of Chanhassen ilZ t/i(t COIIIIll] Of Carver and ,%7,,,/,' ,,/' Minnesota ,.i:... Old St. Hubert's Church, including access thereto from West 78th Street and-State Highway 101, and to a distance of 30 feet surrounding perimeter of structure. TI) II.\VI'; AND TI) l[()l.I). The ~aid l)rentises just as l}..y arm ~i~i~,m~ :,~,~ :i d,fiily ,,r ,,I,:~:.:di.n ,m Ih,' part ,~f .aid I.,'--,,r ,4 ~',::;:J,~ nny ah,.ratimls. improvements or repairs of any kind ...... bout ~aid premises, for tim ter, .... f one ( 1 ) year f December 31 , 19 8 8 , f .... ho f.lh,win~ purposes, to-wit: community uses, including sub-lease to religious/non-profit organizations, but not including public dancing or use of any portion of the structure as living quarters. yi,'hlingandpayingtherefortt ..... tof One dollar ~),,1~ ..... s 1.00 year, payable in advance of the first day of December of each year of the term of this lease. Lessee shall have the option to review the within lease for successive five (5) year terms, not to exceed a total of 20 years, upon the same terms and conditions as herein setforth. - ...... h ,,~i,. , ~: .... ~i .... hi I,,. r,r h,..y d,,i~,a~, i,; ',,~i.~. ~..:i ,',,,~ ,aid l.e,-c-<.e will keep and mail,I:tin ltl,' ~aid prmlii~,'s durin!z Ih,. :tl'~rl.s:tid I~.rm, and ,Init :tad, ih.liver lip tiM. ~:tid lWt'mii~'s to the said l.essor lwaceabl.v and quietly at the end of the aforesaid term or at any previ.us tl'rnlill:ltilln [hurt,of for lilly (';tuh['. in as good littler and conditiun and state of repair, reasunable use and wearin~ [hereof and inevitable accidents excepted, a~ the same now are or may be put into by said I.essor or by said Lessee Thal ~aid [.,'s~.e will pul :md M.vp ~:ud premises v.ntinu:dly in a neat. ,'hah and respectable condition, including the water ch)si.ts, and will keep the side- walk~ i. D.nl ami ahmg smd pn.mi-.s ch'ared of ice and snow, .r .I Let .b~tructi.ns .r objectionable thing, also all ashes, garbage and refuse o[ any kind tu })e removed al said I.es~.e's expenM'. That >aid [.c>>t.p ~ ill n-[ kt~cp t~r allow any liquors or [)t'ver:t~t.~ o( an intoxicating nature or temhmey, to be sold, kept or tolerated un said premises, n.r :my gambling itor olhur imnu~ral prllctil'e. Tht. said I.t...t,,. will not mako or ~uf[er any waste thereon or Iht'ceo]. and will not assign or underlet said prenli~.s or any part tht'n'./ with,mt Ih,. ('~mst,nt ~,[ >aid I.v~.r x~lit..a and ~igm,d on the hack of This lease, and n.t t- u.v said prenlises nor ally part thorcuf for any purport, v;dh.d extra hazardous by insurance {.ompanivs. SMd I.e.>re. al.,] agree tn replace all ~lass now or hereafter broken on said premises during said term, and pay for all I he ehy water, sewer disposal charge or rl'nlllL or any ,,I her yl,rx'icl, Ild(,([ l}ier(,(lll during tho same tinle. Tht' ~:tid l.v~.ee u~ree I. put :tnd km,p all skvlig ~ls, fire-escapes, plumbinm toilets, Mnks. pipes, drains, water-mcters, Meam pipes and radiators in and for ~aid premi~,s in m~od .rder and rep:tic :ti said l.~.s..v's own c.>t and t, xpvnsP during said term. The >:rid l.esM'e also agree at ~aid la.ssee's o~ n ,'o-t ahd ,.M--n~,. t~, ,=,ut nnd k,'~'D said prt,mi~es in such eomlid.n that they will c.mp v with all Federal, Stat,' and M Ulfivipal l.:tws. Charters, ~ )rdinanees and Rt'~ulations, alld iur.ish at said l.essee% own risk, ~o~t and expense and additional plumbing, ventilation, fire- e. ea~'s, fire pr,neetinn or other improvements required by State, Munit'ipnl or other lawhfl authorities. TI., ~ri,I I ...... ,. ,.,it.on.tilt ',l;,I ',1,~,.,, .,, .-,1,1 I ....... '- . ~, ,, -i.b ,' ,-' ,, .t . ~ ..... , . ' .,q, ..H ~,1.,,~ Fl-,..'. ;t ""2' ' ..... id ~r~'";-. iu '1-.~{~ ~RLLi'~ t b~' ' .t bq~,.i .... ,.,ll,i ...... I,,r[ ....... l,l., ..... ; .... (ir.~..L..i ..... ~ ........... Iml~.'a[[[iW'[~ '" i'~I '~,,mlwi[[d,t~v*tkvD,:li:y~(.u:l;in~r~:,t I.:~h ~xi.l Ix .... r The ~id I.e~e agree that the said Ix,~sor ~hal[ not be lmlden .r tiabl,' for any Io~ or damage which may be ~u~tained by the said lm*~ or othem by the rea~.n of the freezing, bursting, over[lowing or defect of any water, sewer, gas -r steam pipes, closets or ~inks. in or about said premises or from premises over- head, nor for nny loss or damage which directly or indirectly may be sustained by water, sewer or gas. nor fo~ Io~s or damage eau~d by water, ice or snow [rom roof, .kyl ght~, trapA,mrs or otherwise, n.r for loss or damage by the reas.n of the present or future eomlition of repair of said prt, m[~es or for loss or damage arising from avis or olnix-ilms of said l.cs.,,e or others as ten[tilts or occupiers. The said lwssee ngree to permit said l.essor ~r L~or's .[gent, colllraclors or eml)ll~yees Io enlcr said premises al all reasonable times, to view Ihpnl. or show them lu parties wishing to purvhase, lease, or tu make repairs, aheralions nr improx enn,nts to bull[ling or p~rts, a part of which is herein lense, nnd in~rt such t~ls. applianvvs and pil~.S as they may deem necessary f.r the l)urp--e of making ~:ti,.l relmirs, nherations and improvements, smd Lessee hereby waiving any and nil claims ami demands for loss or damage or diminution .f rent on nccmmt Iht'roof o~ ,,n avcount of any obstruction to Mdewnlk, entrance or windows, also permit for rent signs to hr. llul and remain on within l~d premises days before the t'xpiration of within term, without hindrance or molestation. Lessee shaZk provide pubiic liability and structural physical damage insurance covering said premkges, insuring the knEerests cE Lessor and Lessee, or at ~he election of Lessee, rek~urse Lessor-for costs cE insurance coverage expended by k~ insuring said premises. annual Alit( if .-:lid I~' ImYII"'nt s, -r ,.h h,'r (,f t h,'ln, wi,vt I.'r ti.' ~an,e I,,- ,{,'iim,.i,.d ,,r .,,t. ar,' ,,,,t ;<6,1 ~ I..n ,h~.y i,,',',,,.,, d.,u .r ~f 41f lily IJ:lltiJiR(' lit %%:1~11' ~h:llJ Ill. ill:id(' Ihl.rt.,lll; t,r j[ :ill3' I,:,rt ,ff ~:tjtJ Iir,-ll,j~,.. -I,:,ll J,,. ul.hwi,', ,,r ii,i- J,':l-~- I,[. :l~J~llt'(J wJtJl,.ll Ihl. t'l)l.-,qll ill ~:tJ(J J~'~flr lin flip I):.'k ,,i t hi~ Ica-,' :~- :ll),~v~' ~l.'rifi"d: .r if :,.y t,'rm, c.n,Jit i,,ll ,,r ('clv-li:lnl .J t l.i~ I,':,-,. ,., ~ h,' I':'"~ 'q' ~:,hl I.,'~,',' t,, I-' I,y ~:,kl I.,'~',' k,'Dt lJlJ~ J(.:l~l, :il iiiil.l., JllllJ Iii tl.l,llJl'r ;illiJ I:lk(' jJ~,~l.~j~Jll (~[ ~:tjd jlr(. t ~(.~ u.d ~ ,-Jy ~ll.,J J~}' I'~[J'~' lJ :p', ~ --:Ir'.'. v. jl Jrt,iII ;111~ llri.vJ~ll- ii,il i (~lrovi. J, or J-' ~,, jlJ]ured Jly IJll, i.J{,llll.lll~ or :JIIV J':[~{' ~l~ ill J)l' ~JlJl"llall[[JJ)Jl' JtlllJ IllJfJt I',,r tJI'~'IIII:IIII'V, l~=l'll J Ill' JiaJliJhy -J ~:,i,J J.e~,.e f-r Jill, reil[ o[ ~:lJlJ premim'~ AID IT l~ M['~'I'AI.I.Y A(JIJI&I~D. Thai MI ll~,~ ~ven:Jnl~. ~e~lu~ and c,,n, iid,,.~ ,,f ~l,i~ h':,~,' ~h:,ll ,'M,'mJ, allply Io nmi [irlnJy hJlld lJle IN TE~TIM()NY WIII~RI~OF, Tile ~Jd parties Imve siKned. ~lcd and exePtllrd thN just rulllcnl iH dUlfliratv the d:,y ami yr:tr lir~t ~J)tive written. CITY OF CHANHASSEN CHURCH OF ST. HUBERT'S OF CHANHASSEN ............ ~ ........................................... (.~:.~c) ATTEST' a// / / ~ ~ tu~ ~ <~~ Tr,,stee ' ' .............. ~'~' ~ ' "~'~:>'~'~:'~ ...... City Manag~ ...................... ~' ~'--~ ..................... -~:"~) PERSONAL ACKNOWI.EDGM ENT ........................................................................................................ to me known to ~ the ~n ....... descried in and who executed the fon,goin~ instrument, and acknowledged that ...... h~ ...... executed the ~me ~ ......................................... free act and dcx~d. (SEAL) .......................................................... Notary Public, My commi~qion expi~,s ................................................ , 19 ..................... Counly. ............- ................................. ACKNOWI.EDGMENT OF CORPORATION ~tate County of ............................................................ On Ibis ...................................................... da5' of ............................................. , Ii) ....... , hch)rc me personally apt~eared 1o me lx,rsonally known, who I~,ing duly sworn, did say that __he is the ........................................................ of ................................... , :t cllrp.rali.n; lhal lin' .q'al at'fixed to the forcg,,iug inslrumcn! is the corporate smd o1' said c.rpora~i.n, and that .'mid instrumcnt wa.s exeCtlh'd J)y aulh.rity of ils Ikmrd of l)in~ctoI~; and lin, .,mid ..................... :u'kn.wh,d~cd said instrumen! lo be the free act and deed of said corl~mtt Jim. tSI'.'A I.) ....... N.lary Public, Mvcomnfia4on('xlfin's . ,lit .. (',mnlv . .._ Conmm..i~Jw. rcwil Ii given for thc. .... ASSIGNMENT . .......................... t In>(.rt .\ssi~n .r of the.within Ix, a~ to .......................... ~'-~¥:~...:5". i'-:-,: .... :~:-~:~.-:,...2 :.: ::.'..: .......................... ,:,.