6. Reimbursement of a Portion of Rental Payments for Old St. Hubert's Church CITYOF _
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
1 Y` (612) 937-1900
MEMORANDUM
1 TO: Mayor and City Council
1 FROM: Don Ashworth, City Manager
DATE: May 8 , 1989
1 SUBJ: Reimbursement of Rental Payments, Family of Christ Lutheran
Church
The Constitution requires separation of church and state.
I do not think anyone can accuse the City of not upholding this
1 principal. The $70,000 assessment against the Catholic Church and
$46,000 assessment against the Lutheran Church of the Living
Christ, not only created a separation; it almost created a war.
1 Fortunately, staff was able to work with each of these two groups
and reach an agreement which was agreeable to all parties.
[Note: The agreement with the Lutheran Church of the Living
Christ was reached within the last two weeks and is in the pro-
cess of being formalized. ] Unfortunately, we have not done as
good of a job with the Family of Christ Lutheran Church.
Fortunately, the amount of difference between the staff position
and the church' s is almost nothing in comparison to problems
faced by St. Hubert' s and the Lutheran Church of the Living
Christ. The issue is also ludicrous if placed in a larger
perspective, i .e. the church' s net lease cost was 9 /sq. ft. ver-
sus their position of 6 /sq. ft. I would like to state that
neogitations with the church have been very professional and
positions of both sides have been respected. I would expect that
1 we will walk away from this issue all being friends regardless of
what decision is made.
1 The position of Family of Christ Lutheran Church is very well
presented in their letter of April 27, 1989 , i.e. they are
requesting reimbursement of rental payments of 60% of the total
amount paid during the sub-lease of the church - $15, 000 x 60%
1 [ see Lease Agreement Section 2. 02( b) ] equalling $9 , 000.
The position of this office is shown in my letter of October 26 ,
1 1988, i .e. amount remaining in special account ( $10 , 084 ) x 60% =
$6 , 050.
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Mayor and City Council
May 8 , 1989
Page 2
The Council should also note Bob Lindall' s letter (Holmes and
Graven) of January 30, 1989 . In that letter, Bob refers to a
compromise position offered by this office in which I would
agree that the monies paid by the church for capital repairs of the
facility should have been submitted to City Hall and if they were
of a capital nature, this office would pay them. Mr.
Weiberg was going to look through those receipts and make a
determination as to whether to submit them to me or not. As of
the date of this writing, I have not received verification of the
$2, 100 paid by the church during their rental period. If
received, a check would be made out to the church from the spe-
cial account. The special account balance would then be $7, 984
x 60% equals $4, 790. That $4 , 800 + the $2,100 being reimbursed
would bring the total reimbursement to approximately $7 , 000 .
I have asked the City Auditors to review the language under the
lease agreement and to advise me as to whether staff had any
additional negotiating authority over that alluded to above.
Their position was that I did not.
Recommendation
This office would recommend that the Council request that the
church submit any capital bills which they believe to be unpaid
and that the Manager, after verification of purpose and amount,
is to issue a check to Family of Christ Lutheran Church in such
amount. In addition, the Manager is to prepare a check in the
amount of 60% of the then remaining balance in the special
account and forward such to the Family of Christ Lutheran Church.
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City of Chanhassen, Minnesota
IManagement Report, Page 34
ISouth Lotus Lake Boat Access
This fund was created in 1985 to account for expenditures related to the development of South
ILotus Lake Park. This project is being financed by a LAWCON grant and a cash transfer from the
Park and Acquisition Fund. The project was complete at December 31, 1987. We recommend that
Ithe City close this fund in 1989.
Community Development Block Grant
IThe transactions to date in this fund have been as follows:
I Prior
Years 1988 Total
Revenue/transfers in:
I CDBG $167,041 _ $0 $167,041
Transfer from General Fund 0 14.500 14.500
Total revenue/transfers $167,041 $14,500 181.541
1 Expenditures/transfers out:
Program administration $2,705 2,705
Land acquisition 119,589 119,589
I Comp plan implementation 27,415 27,415
Housing needs assessment 428 428
Downtown project marketing plan 9,953 9,953
I Comp plan update 10.559 S 10.350 20.909
Total expenditures/transfers $170,649 $10,350 180.999
Fund balance-December 31, 1988
5542
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Old St. Hubert's Church _
This fund was established to account for the transactions related to the lease and sub-lease of a
building. The fund balance of this fund was$10,886 at December 31, 1988. We recommend that
Ithe City continue to monitor the balance of this fund.
IOld Village Hall
This fund was established in 1988 by a cash transfer of$48,700 from the HRA Downtown
ITax Increment Fund. This fund will account for
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1 CITY OF C HANHASSEN, MINNESOTA I
Statement 20
Page 2 of 3
11 I
Chanhassen Tax Increment District#2 HRA
Community Old Old Lakes Economic Downtown
Development St.Huberts Village Business Lake Lucy Development McGlynn Tax Rosemount
Block Grant Church Hall Park Road District Project Increment Project
IS542 $10,886 $48,700 $882,735 $802,761 $573,326
$109,022 9,478 '
$5,082 220,792
66,696
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159,294 I
$542 $10,886 $48,700 SO $882,735 $114,104 $802,761 $1,029,586 SO
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S55.681 $119,004 $28,607
i $3,482 49 $12 $217,604 $8,188 I
482,000 21,330
1,702
I $0 SO SO 55,681 485.482 5.082 220.792
124,135 1,714 459,726 36,795 I
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542 10,886 48,700 397,253 801,047 569,860 (36,795)
I (55.681) (10.031) 1
542 10,886 48,700 (55.681) 397.253 (10.031) 801.047 569 860 (36,795)
I $542 $10,886 $48,700 $0 $882,735 $114,104 $802,761 $1,029,586 SO
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The accompanying notes are an integral part of these financial statements.
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' FAMILY OF CHRIST LUTHERAN CHURCH
275 Lake Drive East, P.O.Box 388 Church Phone Nate Castens, Pastor
I Chanhassen, Minnesota 55317 (612)934-5659 At Home 934-7870
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1 Thursday, April 27, 1989
I City Council Members
City of Chanhassen
IDear Friend:
I Family of Christ Lutheran Church and city manager Don Ashworth have
a difference of opinion regarding the amount of money to be returned
to us following our lease of old St. Hubert's church building.
IIOur attorney believes our interpretation of the lease and of the
accounting is correct and has suggested we approach the Chanhassen
City Council before taking any further steps to resolve the matter.
I1 . Between 1980 and the end of 1983 we leased old St. Hubert's
church. During that time a new furnace was installed in the build-
' ing. The cost of that improvement was not entirely covered by
our lease payments, leaving the account with a balance of $-3859.
2. A new lease was negotiated and signed, beginning in 1984.
I It allowed for a disbursement of surplus funds (if any) at the
end of the lease period: 40% to the city of Chanhassen, 60% to
Family of Christ.
II3. From the beginning of 1984 to the end of 1988 Family of Christ
paid $15,000 in funds. (In addition, we incurred $6200 in repairs
II and remodeling costs, and $21 ,260 in costs for heat and electricity,
as well as fully insuring the building. )
4. We believe the 40% of the lease fund belonging to the city
II - more than covers the deficit incurred at the end of 1983.
$15,000 total lease payments, 1984-1988
x 40%
II $ 6,000 retained by the City of Chanhassen
- 3,859 deficit due to furnace repaid
I $ 2,141 balance
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City Council Members April 27, 1989
We believe Mr. Ashworth is incorrect in his interpretation that
the $3859 should be subtracted from monies to be returned to Family
of Christ, and our attorney agrees with us. ,
The spirit of both leases (1980-1983 and 1984-1988) was that lease
payments would cover capital repairs to old St. Huberts and that
neither Family of Christ nor the City of Chanhassen would gain
or lose.
We think the numbers show that even with subtracting the furnace '
cost, the city has gained more than $2100. In addition, Family
of Christ has repaired and improved the building without request-
ing reimbursement. ,
5. We believe we are entitled to the full return of 60% of the
$15,000 lease payments, totalling $9000. '
I have enclosed copies of correspondence and the lease for your
review.
I hope that we can discuss this at a City Council meeting in the
near future.
Cordially,
7 . 6 __Q,6 44'7
Mike Weiberg, `/
president
Family of Christ Lutheran Church ,
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CITYOF
CHANHASSEN
�\ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
April 7 , 1989
Family of Christ Lutheran Church
Attn: Mr . Mike Weiberg
' P .O. Box 388
Chanhassen, MN 55317
Dear Mike:
1 Thank you for your letter of March 29, 1989 . You are right, we
do have a difference of opinion in regards to rationale and
1 interpretation of the previous leases . For practical purposes ,
the old St. Hubert' s Church is treated as a separate business and
other monies of the City are not intermingled with this account.
1 From my standpoint, I would have had no legal basis nor funds to
simply make the -$3,859 go away on December 31, 1983. The pur-
pose and intent of the fund was quite clear and the furnace
expenditure was exactly why the fund was created.
1 As stated at the beginning, there is a difference in interpreta-
tion. Similarly, I agree with Bob Lindall ' s assessment as to the
1 options open to the church. It appears only prudent that the
item be presented to the Chanhassen City Council . Our next
regular meeting date is April 24 , 1989. I will attempt to place
this item early in the agenda; however , it does represent a new
' business item and may accordingly be later in that agenda . If
you would call during the week of April 17th, either Karen or
myself may be able to give you an idea as to the approximate time
1 that the item would be considered.
Thank you again for your patience.
' Sincerely,
Don Ashworth
1 City Manager
DA:k
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FAMILY OF CHRIST LUTHERAN CHURCH ,
275 Lake Drive East, P.O.Box 388 Church Phone Nate Castens. Pastor
Chanhassen, Minnesota 55317 (612)934-5659 At Home 934.7870 ,
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Don Ashworth March 29,1989
CITY OF CHANHASSEN
690 Coulter DR. P.0.21•147
Chanhassen, MN 55317
Dear Don;
Thank you for your time in meeting with Bob Lindall and myself on
January 20, 1989. It is apparent that we are at what I would call an
impass on the amount of money to be returned to Family of Christ. '
YOUR RATIONAL:
The fund balance was at -$3,859 on December 31, 1983 due ro the furnace
that was installed in 1983 That is correct. You will recall that the old
lease was set up to have 25% of the fund paid over to the city, with the I
church retaining 75% should the lease not be renewed Both of us were in
agreement that the split of the fund was not adequate to cover expenses of
maintaining Old St. Hubert's Church, thus we agreed that in the new 5 year
lease that was to start in 1984 be changed to 40%/60%. Both your and my
intent was that neither parties should have undue hardship placed on them 1
by Family of Christ leasing Old St Hubert's. [The interpert-ation of our
existing lease oy our lawyer is that no mention or carry-over tunas
- is covered in the current 5 year lease document.)
OUR RATIONAL:
Family of Christ as leasee of Old St. Hubert's was not to be held
responsible for repairs over and above normal day-to-day operation of the
building. If you look at it from this point of view, the City of Chanhassen,
and St. Hubert's have had no financial outlay for the maintainance and
or up-keep of Old St Hubert's In the last 8 years. In fact Don, if you look ,
pack over the last 8 years and start our 5 year lease with the -$3,859
balance with funds paid to you by us in this 5 year lease of $ 15,000 and
apply the 4u%/60% .. . that le-ivec- the City at Ch:rhas�sen 3 $2, 1.41 APR 0 6 198' I
PROFIT by leasing Old St Hubert's to u'. over the it 8 year
CITY. OE CHANHAS'Ei
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Don Ashworth, City of Chanhassen
March 29, 1989
page -2-
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Our Church Council feels very strongly about receiving the full $9,000
or 60% of our fund from the City of Chanhassen based on our last
5 year lease. I will be very frank with you Don, that the new
comprehensive building/landscaping guidelines imposed by the City of
' Chanhassen as of 1 -1 -88, were different than the ones that we requested
in 1987 when we were planning our building. Thus additional monies not
r planned or budgeted for in 1987 added to our cost to construct in 1988
Simply stated Don, with the additional expense placed on us by the City
of Chanhassen to build in 1988, we need the money
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Bob Lindall, our church attorney gave us two options
' 1. Take the City of Chanhassen to small claims court
2 State our position to the full City of Chanhassen Council
' I would like to resolve this impasse as soon as possible , Don I would like
to have you place Family of Christ on the agenda at your next city council
' meeting to explain to them why we are requesting the full $9,000 from
the City of Chanhassen.
I would like to give each city council member a copy of the lease, all of
our correspondence on this subject, and our rational for requesting the
$9,000 from the City.
Please keep me informed as to when we are to appear before the City
Council.
rSincerely,
Mike Weiberg
President
r Family of Christ
cc; Roger Knutson, City Attorney
Fr Barry Schneider, St Hubert's
Bob Lindell, Family of Christ Attorney
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HOLMES & GRAVEN
CHARTERED
Attorneys at Law 470 Pillsbury Center,Minneapolis,Minnesota 55402
ROBERT A.ALSOP (612)337-9300 JAMES S.HOI.MES
JEFFREY R.BRAUCHLE Rapifax(612)337-9310 DUANE C.JOHNSON
MARY J.BRENDEN JOHN R.LARSON
ROBERT C.CARL SON JOHN NI.LEFT:VRE.JR.
CHRISTINE M.CHAI.E ROBERT J.LIND.ALI.
ROBERT L.DAVIDSON MARK A.LIND(;REN
ROBERT J.DEIKE LAURA K.MOI.I.ET
MARY G.DOBBINS WRITER'S DIRECT DIAL DANIEL.R.NELSON
JEFFREY ENG
STEFANIE N.GALEY BARBARA L.PORTRTX)U
DAVID L.GRAVEN 337-9219 LARR B.M.WERTI
JOHN R.GREEN LARRY JI.W ILKINS
BONNit.L.N'l1.KIN5
REYNAUD L.HARP
January 30, 1989 1
Mr. Michael Weiberg
President
Family of Christ Lutheran Church
112012 Warner Circle
Chaska, Minnesota 55318
Mr . Dean Brown I
Chair , Building Committee, Family
of Christ Lutheran Church
18737 Clear View Drive
Minnetonka, Minnesota 55345
RE: Evaluation of Possible Church Claims Against City
Our File No. FA165-1
Gentlemen:
This will confirm the results of the meeting which Mike Weiberg
and I had with representatives of the City of Chanhassen on
January 20 , 1989 , relating to fees charge by the City and
requirements imposed by the City in connection with connection to
the City sewer , the need for installing a sprinkler and issuance
of the building permit . Mike and I were satisfied by the
explanations of the City staff involved and concluded that no
amounts were charged or requirements imposed by the City which
were not consistent with standard City policy.
I now have received word from Gary Warren, City Engineer, that
the special assessment for which installments are now being
charged on the Church' s tax statement (Project No. 2585) relate
to improvements for Lake Drive . You had asked that I confirm
whether this assessment was for " . . . initial installation of the
storm sewer and the street improvements known as cul-de-sac D as
noted in a preliminary plan for Hidden Valley approved by the
City of Chanhassen City Council on May 20, 1985" . Mr . Warren
advised me that it was his opinion that the assessment is not for
the matters described in the above quoted language from the
contract for deed between New American Homes Corporation and
Family of Christ Lutheran Church, dated October 11, 1985 .
Therefore, it appears that the duty to pay this amount is upon ,
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its
II ,
Mr . Michael Weiberg
Mr . Dean Brown
' January 30, 1989
Page Two
I
the Church, as buyer , under the Contract for Deed, rather than
New American, as seller . I am enclosing a copy of the Contract .
Please note that the Church specifically agreed to pay all other
special assessments.
' On January 20, Mike and I also met with Don Ashworth, City
Administrator. Ashworth said that he has no problems with the
City reimbursing Family of Christ for $6, 000 from the lease
' escrow account relating to your occupancy of old St. Hubert ' s,
and that he is willing to approve reimbursement to the Church of
an amount in excess of $6, 000 which is equal to amounts incurred
' by the Church during the lease term for maintenance costs other
than those which it was required to make under the sublease. I
know that Mike is not satisfied with this. However , I recommend
that you go through the exercise of determining the amounts of
' this type which you can demonstrate. If they are sufficient to
equal $3, 000, we should be able to get back the entire $9 , 000
without any further argument with Ashworth. If they do not equal
I $3 , 000, we will need to consider what further collection efforts
can be justified financially. Certainly, an appearance by Church
representatives before the City Council would be appropriate and
would not be costly. I believe that the Church should be able to
expect a fair hearing from the City Council. You can also sue
the City in conciliation court, without an attorney, for not to
exceed $2, 000, if you are prepared to go that far. After you
have had an opportunity to examine the amount of such
expenditures which the Church has incurred , please give me a call
so that we can discuss our next step.
' Please give me a call if you have any questions or concerns about
the above.
' Vee t ply/your;
tC / 4 ./
Robert J. Lindall
' RJL: kar
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at U,J ■,,- t_ '.1, (_ _\ �..'J L.,.� Lvr.,^j _.. ~..`' _.. .-L. „ _ _ _. 2 _ L. ._. ..i i`J J! tr;/1
y ' 1 '1 ryi.�° 9°9 4 �`+Y�,, /7" R ,4.i.i..m y ', w�. f'�� ! 1
Post Office Box 388 �,,_,rcn Phone late Castens. Pastor
` Chanhassen, Minnesota 55317 1 12 934-559 At Home 934-7870 J I,
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Don Ashworth January 11, 1989 1
CITY OF CHANHASSEN
690 Coulter Dr. p.o. .4 147
Chanhassen, MN 55317 ,
Dear Don;
II am in receipt of your letter of October 26, 1988, This letter was your
response to my letter and last rent check dated October 17, 1988.
I
Both of us are well versed on the terms of the lease as we negotiated that
lease. The lease was a five year lease to run from: 1 -1-84 to 12-31 -88.
Under the terms of the lease for Old St, Huberts, Family of Cnrist Lutheran i 1
Church was to pay the City of Chanhassen rent over the five years totaling
1 $15,000. In addition Family of Christ was to assume all utilities and i I
operational costs for the operation of Old St. Huberts.
I to recall Don, that during our negotiations I felt that Family of Christ I
should not make large outlays of money to make capital repairs on Old St,
Huberts which may benefit others or have a life expectancy longer than the '
five year lease.
I would like to point out to you Don, that Family of Christ has been a good 1
tenant for the City of Chanhassen to rent to. Over and above we have
maintained and repaired at our own expense Old St. Hubert's the best we I
could. Over the life span of the lease we have:
Paid .... $21,266 in Heat/Electricity
Paid .... $2,664 in Repairs ,
Paid .... $3.542 in Remodeling Costs
That's a total of.... $27,472 over and above our $ 15,000 rent paid to the
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City of Chanhassen. [we did not seek reimbursment for the $6,206 in
repairs and remodeling costs incured over the last five years.]
I
After you have reviewed the above numbers I think that you would have to
agree with me Don, that Family of Christ has taken good care of Old St. JAN 12 1989 j I•iubert's, without putting any undue financial hardship on either the City or
St. Hubert's Church, as a result of our leasing the structure. CITY OF CHANHASSEN
../ I
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Don Ashworth
January 1 1, 1989
' Page -2-
In fact, Don, it has been a WIN-WiN for: The City of Chanhassen
St. Huberts Church
Family of Christ Church
All of us have come out winners by our leasing Old St. Hubert's.
The City of Chanhassen and St. Hubert's have not had any expenses
related to the operation or repair of Old St. Hubert's during the five year
lease period.
Our Church Council feels very strongly about requesting from the City of
' Chanhassen 60% of our rent paid over the last five years. That works out
to $9,000. As we see it Don we have been good christian neighbors, and in
■ the spirit of good christian neighbors according to our calculations the
■ City of Chanhassen will have left over from the five year lease payments,
$6,000. That will be enough money to pay for proposal No.1 by Chapel
' Art Glass Co., Inc. to repair the windows at a cost of $5,920. We feel
that this is a nice THANK YOU from Family of Christ to the City of
1 Chanhassen, and St. Hubert's.
When can we expect a check for $9.000?
Sincerely, /
' Mike Weiberg
President
Family of Christ
cc: Roger Knutson, City Attorney
Fr. Barry Schneider, St. Hubert's Church
Bob Lindall, Family of Christ Attorney
CITY OF
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CHANHASSEN
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 ,
October 26 , 1988
Family of Christ Lutheran Church '
Attn: Mr. Mike Weiberg
P.O. Box 388
Chanhassen, MN 55317 ,
Dear Mr. Weiberg:
I am in receipt of your letter of October 17, 1988. I would
anticipate that the City Attorney will agree with your interpre-
tation of Section 2 . 02 and that the City will be required to pay
to Family of Christ Lutheran Church the 60% of the special fund
retained for receipts/ expenditures associated with old St.
Hubert' s Church. During our negotiations, I continuously main-
tained the position that the City was not attempting to extract
monies from the Family of Christ Lutheran Church for major
repairs which may benefit others or have a life expectancy of
much longer than the potential one, two or five year period that
the Family of Christ occupied the structure. On the other side
of the coin, the Family of Christ Lutheran Church should pay its
reasonable share for such expenditures .
The windows in the church had been re-leaded shortly before the
sub-lease to Family of Christ. Attached please find a proposal
received outlining costs which will need to be made during the
next one, two or three year period. The window over the main
entry was "wired up" during this past month as a stop gap measure
to insure that such would not fall on one of. the parishioners
leaving the church. Todd Gerhardt of our staff informs me that,
similarly, the church has known for a significant period that
"leaks" were occurring in the roof and that re-shingling was/
will be required. 1
Although I would anticipate that you would disagree, I do not
believe that the current request for repayment of the special
account monies are in keeping with the spirit and intent of that
section when it was drafted. It was my belief that the wordage
was established to insure that reasonable capital costs would be
paid by the Family of Christ Lutheran Church, without putting an
undue hardship on either the City or St. Hubert' s Church as a
result of your leasing the structure. Again, I would anticipate
Mr. Mike Weiberg
October 26 , 1988
Page 2
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that the City Attorney will Y Y 1 take the position that the City
and/or St. Hubert' s Church will be the losers .
In regards to the special account, payment of the furnace repairs
was a known cost by Family of Christ Lutheran Church.
' Accordingly, during those early years , expenditures did occur
out of the special account and, in fact, the special account
maintained a deficit during that time frame. Attached please
find a copy of the annual financial report, as of December 31,
1987, pertaining to said special account. As can be seen, the
account had a balance of $6 ,272 as of December 31, 1988 . I am
unaware of any expenditures in 1988 with the exceptions of the
' emergency repair of the window over the front doorway. I would
anticipate this cost to be less than interest earnings to be
received in 1988 and, accordingly, a balance at year end will be
approximately $10 ,000 . Should you wish to review the records of
the special account, you should contact either Jean Meuwissen or
Tom Chaffee on City staff. The audit report referred to was pre-
pared by Voto, Tautges and Redpath, CPA.
' As noted above, I will refer the questions posed above to our
City Attorney. I will notify you, the City Council, and St.
Hubert' s Church of his findings when received.
Sincerely,
'1(2
Don Ashworth
City Manager
DA:k
cc: Roger Knutson, City Attorney
Fr. Barry Schneider , St. Hubert' s Church
Enclosures : Letter from Mike Weiberg dated October 17, 1988
' with enclosures .
Annual Financial Report ( Statement 18 , Page 2 of 4 ) ,
December 31, 1987 .
OLD ST. HUBERT'S CHURCH
SUBLEASE AGREEMENT
CITY OF CHANHASSEN - FAMILY OF CHRIST LUTHERAN CHURCH
THIS AGREEMENT, made and entered into as of the first
day of November, 1983 , by and between the City of Chanhassen, a
Minnesota municipal corporation ( "City") and Family of Christ
Lutheran Church of Chanhassen ( "Church") .
WITNESSETH, that the City and Church in consideration of
the mutual covenants herein contained, hereto recite and agree as
follows:
SECTION 1 RECITALS I
1 .01 Lease. The City has heretofore under date of
December 31 , 1978, 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 years with a renewal for
an additional five year term from December 31, 1983; that a true
and correct copy of said lease together with a copy of the proposed
1983 renewal lease are attached hereto as Exhibit A and made a part
hereof.
1.02 Sublease. The Family of Christ Lutheran Church of
Chanhassen desires to sublease said premises from the City for
use as a place of worship, including facilities for church com-
mittee meetings, church office space, Sunday school, choir prac-
tice and related church activities.
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 writ-
ten sublease shall be for a period of 5 years from December 31,
1983 , to December 31, 1988, the Church paying therefor the rent
of One Dollar ($1 . 00 ) per year or fraction thereof, payable in
advance on the first day of November of each year of the term of
the lease. This lease will be subject to cancellation by the
Church upon submission of a written notice of the intent to
vacate one year in advance of said action, and the Church shall
be responsible for all rental and other obligations contained
herein up to and including the actual date the premises are 11
vacated.
2.02 Additional Rental. In addition to the rental
hereinabove set forth the Church shall pay additional rental in
the following manner:
1984 - $2 ,000 '
1985 - $2,500
1986 - $3 ,000
1987 $3,500
1988 - $4 ,000
II -
The above sums shall be payable in quarterly installments due '
II on the first business day of each quarter. Said quarterly rental
installments shall be deposited in a special bank account with the
City and shall be used for the making of capital improvements to
II the structure as shall be deemed necessary by mutual agreement of
the Church and the City. Any funds remaining in said account at
the termination or cancellation of this sublease shall be disposed of
as follows:
I - a. Utilized for such purposes as may be mutually
agreed upon between the Church and the City in
Ithe event the sublease is renewed, or
- b. If the lease is not renewed or is cancelled, then
40% of the fund paid over to the City, and out of •
I the remaining 60%, the City shall be paid any and
all sums owed by the Church hereunder and still
unpaid. The balance of the 60% of the fund, if any, (7/ �A
Ishall then be paid over to the Church. E. -- \
Qr h if C h i a \�
Any sums due under this Lease not paid within five
(5) days of when due shall be considered delinquent and a late
I charge of $25 .00 for each delinquent payment shall immediately be
due.
I 2.03 Additional Terms and Conditions. In addition to
the foregoing, the Church agrees to the following terms and
conditions:
Ii. To assume all utility costs including heat, electri-
city, sewer and water, and costs of grounds maintenance including
grass cutting and snow removal, which are to be considered also
I ‘ part of the rental due under this lease.
2 . To provide office space of no smaller than
II square feet for Church of St. Hubert's Youth Activities Director
under terms with St. Hubert' s.
3 . To retain the historical value of the sanctuary to
I the City and Church of St. Hubert' s, and not to remodel or
redecorate the same.
I 4. To provide public liability and structural physical
damage insurance covering said premises, insuring the interests
of the City, the Church, and the Church of St. Hubert' s of
Chanhassen for the costs of insurance coverage expended by it in
II insuring said premises at full insurable value of said premises;
the Church shall furnish evidence of such paid up insurance to
the City in advance of every year of the term of this lease.
I5 . The Church shall not commit, or allow to be com-
mitted, any act that would violate the terms and conditions of
I the City' s underlying Lease with the Church of St. Hubert's of
Chanhassen as referred to above.
-2-
i • • J
■
f. ` ` ' • t
6. The Church shall be liable for all damages to the
structure or premises due to its negligence or the negligence of II its members and shall indemnify the city from and against all
such damages .
2 .04 Agreement of City. In consideration of the I
foregoing, the City agrees as follows:
1 . To allow the Church to remodel the interior of the ,
rectory at its sole expense for use as an office for the Pastor
of the Church.
2. To allow the Church to remodel the basement area of I
the premises at its sole expense for use as a Sunday school and
meeting rooms .
SECTION 3 CONSENT OF OWNER. II
3 .01 Consent of Owner. The within sublease shall become
effective upon the written consent of the Church of St. Hubert' s 1
of Chanhassen, as owner of the premises, which consent shall be
endorsed hereon.
r
SECTION 4 MISCELLANEOUS
4.01 Right of Entry. The City shall have the right at
II
all reasonable times during the term of this Sublease to enter
the leased premises for the purposes of inspecting the same.
4 .02 Default. If any default is made in the payment of I
rent, or if any default is made in the performance of or
compliance with any other term or condition hereof, the Sublease,
at the option of the City, shall terminate and be forfeited, and
II
the City may re-enter the premises and remove all persons
therefrom.
4.03 Surrender of Premises . Upon termination of this I
Sublease, or any renewal thereof, the Church shall quit and
surrender the leased premises in as good a state and condition as
they were at the commencement of this Sublease, reasonable wear
II
and use thereof and damages by the elements excepted.
4.04 Underlying Lease. If the underlying Lease dated
II
December 31, 1983 , referred to above is at any time cancelled or
terminated for any reason whatsoever, this Sublease shall be also
considered cancelled and terminated.
IN TESTIMONY WHEREOF, the City and the Church have II
signed, sealed and executed this instrument in triplicate as of
the day and year first above written.
II
CITY OF C- ' 'HASSEN
II
By m'
Attest ( j7 ;, � f II
FAMILY OF CHRIST LUTHERAN CHURCH
BY %L-&- /-v,/
' Its • t<Ero�tir
And te,L��S 6
Its < eec'r/UY
CONSENT
Consent is hereby given for the above sublease to Family
of Christ Lutheran Church.
CHURCH OF ST. HU: RT'S OF CHANHASSEN
BY4jr a W: �►
Its
'
And - �--�
' Its
Dated this 41t day of , l9 V.
I
1
' -4-
L-C.If(/).12\TLA, 21i7A.11ART(i)12` 1
Post Office Box 388 Church Phone Nate Castens. Pastor
Chanhassen, Minnesota 55317 (612) 934-5659 At Home 934-7870
October 17 , 1988
City Of Chanhassen
690 Coulter Dr. P.O. Box 147
Chanhassen, MN 55317
Dear Don;
Attached you will find our "LAST" rental payment for Old
St . Hubert ' s Church.
I have also attached a copy of your letter dated October 21 , 1983
with a copy of our sublease agreement. Please note Section 2 under
2 .02 Additional Rent payable in quarterly installments. Please
note also note b. under this sub title: 40% of fund paid over to the
city, and 60% of fund retained by the Church in the event the
sublease is not renewed.
Based on this Don my calculations are that we have paid to the
City of Chanhassen over the last 5 years $15, 005 . Based on the 60%
retained by us I come up with $9, 003 due to be returned to us .
I would like to say a big THANK YOU to the city of Chanhassen ,
for leasing Old St . Hubert ' s to us .
If all goes well with our new building, we will be in it by
Christmas .
w701F
Mike Weiberg
President, Family of Christ
OCT i 8 198 ,
8
CITY OF CI IANhASSEiv I
1
I
CITY OF
rr
1 `
111 NANHAssEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
October 21, 1983
Family of Christ Lutheran Church
Attn. Nate Castens, Pastor
' P.O. Box 388
Chanhassen, MN 55317
Dear Pastor Castens: _
Attached please find the proposed sublease agreement between the
City of Chanhassen and Family of Christ Lutheran Church. I
' believe it is in accordance with our previous discussions.
As you will note by the attached letter, I am also sending a copy
of the proposed lease agreement between the City and St. Hubert ' s
j Church to Father John. Again, I believe that this lease
agreement is in accordance with the desires of Father John and in
accordance with the discussions between ourselves.
Please feel free to contact me if changes are desired.
Additionally, please contact me if it does not appear as though
the lease agreement can be consummated by mid-November .
Sincerel
Don Ashworth
City Manager
cc: Mike Weiberg
It
OLD ST. HUBERT 'S CHURCH II
SUBLEASE AGREEMENT
CITY OF CHANHASSEN - FAMILY OF CHRIST LUTHERAN CHURCH
II
THIS AGREEMENT, made and entered into as of the first
day of November, 1983 , by and between the City of Chanhassen, a
II
Minnesota municipal corporation ( "City") and Family of Christ
Lutheran Church of Chanhassen ( "Church") .
WITNESSETH, that the City and Church in consideration of 1
; , the mutual covenants herein contained, hereto recite and agree as
follows:
SECTION 1 RECITALS
1.01 Lease. The City has heretofore under date of
II
i; December 31, 1978, 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 years with a renewal for
an additional five year term from -December 31, 1983; that a true II
and correct copy of said lease is attached hereto as Exhibit A
and made a part hereof.
1 .02 Sublease. The Family of Christ Lutheran_ Church of II
Chanhassen desires to sublease said premises from the City for
use as a place of worship, including facilities for church com-
mittee meetings, church office space, Sunday school, choir
41/practice and related church activities.
1 .03 Consent of City. The City agrees to the sublease 1
of the premises upon the following terms and conditions.
SECTION 2 SUBLEASE TERMS AND CONDITIONS
2.01 Term of Sublease I Rental, The term of the writ-
ten sublease shall be for a period of 5 years from December 31 ,
1983, to December 31, 1988, the Church paying therefor the rent II
of One Dollar ( $1 . 00 ) per year or fraction thereof, payable in
advance on the first day of November of each year of the term of
the lease. This lease will be subject to cancellation by the
II
Church upon submission of a written notice of the intent to
vacate one year in advance of said action.
2.02 Additional Rental. In addition to the rental II
hereinabove set forth the Church shall pay additional rental in
the following manner:
1984 - $2,000 II
1985 - $2, 500
1986 - $3, 000
II
1987 - $3, 500
1988 - $4,000
The above sums shall be payable in quarterly installments due
on the first business day of each quarter. Said quarterly rental
installments shall be deposited in a special bank account with the
City and shall be used for the making of capital improvements to 11
the structure as shall be deemed necessary by mutual agreement of
the Church and the City. The City shall be furnished with veri-
g:z fication of the amount in said account upon request by the City.
Any funds remaining in said account at the termination of this
' sublease shall be disposed of as follows:
' a. Utilized for such purposes as may be mutually
agreed upon between the Church and the City in
the event the sublease is renewed, or
b. 40% of fund paid over to the City, and
60% of fund retained by the Church in the
event the sublease is not renewed.
2.03 Additional Terms and Conditions. In addition to
the foregoing, the Church agrees to the following terms and
conditions:
1. To assume all utility costs including
city, sewer and water, and grounds maintenance including grassri-
' cutting and snow removal. q grass
2. To provide office space for Church of St. Hubert 's
Youth Activities Director, under terms with St. Hubert 's Church.
' 3. To retain the historical
the City and Church of St. Hubert 's, and lnot otot remodel tsame. to
IliV 4. To provide public liability and structure
damage insurance covering said structural physical
g r
of the City, the Church, and theChurch�ofnSt. Hubert' snofrets
' Chanhassen as their interests appear, or at the election of the
Church, to reimburse the Church of St. Hubert 's of Chanhassen for
the costs of insurance coverage expended by it in insuring said
premises.
2. 04 Agreement of City. In consideration of the
' foregoing, the City agrees as follows:
1. To allow the Church to remodel the rectory at its
' expense for use as an office for the Pastor of the Church.
2. To allow the Church to remodel the basement area at
its expense for use as a Sunday school and meeting rooms.
3. The Church shall be liable for all damages to
structure or premises due to its negligence or the negligenceeof
its members.
4. The Church shall have the option to renew the within
sublease for a five-year term commencing January 1, 1989.
I SECTION 3 CONSENT OF OWNER.
' 3.01 Consent of Owner. The within 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, sealed and executed this instrument in triplicate as of
the day and year first above written.
CITY OF CHANHASSEN
By
Attest
FAMILY OF CHRIST LUTHERAN CHURCH
By
Its
And
Its
CONSENT
Consent is hereby given for the above sublease to Family I
of Christ Lutheran Church.
CHURCH OF ST. HUBERT 'S OF CHANHASSEN I
By
Its
And 'Its
Dated this day of 19_ ,
I4• W,�4ii■
ff Aid
i IP
**I P,
' ART CHAPEL
CO.,INC.
AUGUST 11, 1988
' PROPOSAL NO. I SUBMITTED TO: ST. HUBERT'S CHURCH
7707 GREAT PLAINS
CHANHASSEN, MINNESOTA 55317
I. WORK TO BE DONE:
CHAPEL ART GLASS COMPANY, INC. WILL COMPLETE THE REPAIRS ON THE
WINDOWS OF YOUR CHURCH IN THE FOLLOWING MANNER:
' ENTRYWAY: .
1. DOOR TRANSOM IN MAIN ENTRYWAY:
REMOVE ENTIRE PANEL.
' RELEAD ENTIRE STAINED GLASS PANEL.
INSTALL THREE NEW FLAT STEEL BRACES.
RESOLDER BROKEN BRACES AND LEAD JOINTS.
SEAL MINOR CRACKED GLASS WITH CLEAR SILICONE SEALANT.
MAIN SANCTUARY, STARTING IN THE REAR NORTHWEST CORNER AND GOING
CLOCKWISE AROUND THE CHURCH: `
' 2. SINGLE LANCET WINDOW FACING WEST:
REMOVE VERY BAD BULGE IN BOTTOM SECTION.
SET GLASS BACK INTO LEAD CAME.
INSTALL THREE NEW FLAT STEEL BRACES.
RESOLDER BROKEN BRACES AND LEAD JOINTS.
SEAL MINOR CRACKED GLASS WITH CLEAR SILICONE SEALANT.
3. SINGLE LANCET WINDOW:
REMOVE VERY BAD BULGE IN BOTTOM SECTION.
SET GLASS BACK INTO LEAD CAME.
INSTALL THREE NEW FLAT STEEL BRACES.
RESOLDER BROKEN BRACES AND LEAD JOINTS.
SEAL MINOR CRACKED GLASS WITH CLEAR SILICONE SEALANT.
4. SINGLE LANCET WINDOW:
REMOVE MINOR BULGE IN TOP SECTION.
INSTALL ONE NEW FLAT STEEL BRACE.
Continued- ALAN P
' 1460 Rice Creek Drive•Fridley,MN. 55432
call collect
612-572-9744
11-
PROPOSAL NO. 1, PAGE 2,
RESOLDER BROKEN BRACES AND LEAD JOINTS.
SEAL MINOR CRACKED GLASS WITH CLEAR SILICONE SEALANT. ,
5. SINGLE LANCET WINDOW:
REMOVE MINOR BULGE IN TOP SECTION.
INSTALL ONE NEW FLAT STEEL BRACE.
RESOLDER BROKEN BRACES AND LEAD JOINTS.
REPLACE TWO BROKEN SASH CORDS.
6. SINGLE LANCET WINDOW:
REMOVE VERY BAD BULGES IN BOTH TOP AND BOTTOM SECTIONS.
SET GLASS BACK INTO LEAD CAME.
INSTALL FIVE NEW FLAT STEEL BRACES.
RESOLDER BROKEN BRACES AND'LEAD JOINTS.
SEAL MINOR CRACKED GLASS WITH CLEAR SILICONE SEALANT.
7. SINGLE LANCET WINDOW EAST OF DOORWAY:
REMOVE VERY BAD BULGE IN BOTTOM SECTION.
SET GLASS BACK INTO LEAD CAME.
INSTALL THREE NEW FLAT STEEL BRACES.
RESOLDER BROKEN BRACES AND LEAD JOINTS.
SEAL MINOR CRACKED GLASS WITH CLEAR SILICONE SEALANT.
ALTAR AREA:
8. SINGLE LANCET WINDOW: t
RESOLDER BROKEN BRACES AND LEAD JOINTS.
SEAL MINOR CRACKED GLASS WITH CLEAR SILICONE SEALANT.
9. SINGLE LANCET WINDOW:
RESOLDER BROKEN BRACES AND LEAD JOINTS.
SEAL MINOR CRACKED GLASS WITH CLEAR SILICONE SEALANT. I
SOUTH SIDE:
10. FRONT SINGLE LANCET WINDOW: I
RESOLDER BROKEN BRACES AND LEAD JOINTS.
SEAL MINOR CRACKED GLASS WITH CLEAR SILICONE SEALANT.
11. SINGLE LANCET WINDOW:
REMOVE MINOR BULGE IN BOTTOM AND TOP SECTION.
INSTALL TWO NEW FLAT STEEL BRACES.
RESOLDER BROKEN BRACES AND'LEAD JOINTS.
SEAL MINOR CRACKED GLASS WITH CLEAR SILICONE SEALANT.
12. SINGLE LANCET WINDOW: '
REMOVE VERY BAD BULGE IN BOTTOM SECTION.
SET GLASS BACK INTO LEAD CAME.
INSTALL THREE NEW FLAT STEEL BRACES.
RESOLDER BROKEN BRACES AND'LEAD JOINTS.
SEAL MINOR CRACKED GLASS WITH CLEAR SILICONE SEALANT.
Continued- '
I
I , .
PROPOSAL NO. I, PAGE 3,
1
13. SINGLE LANCET WINDOW:
' REMOVE MINOR BULGES IN BOTH TOP AND BOTTOM SECTIONS.
INSTALL TWO NEW FLAT STEEL BRACES.
RESOLDER BROKEN BRACES AND LEAD JOINTS.
SEAL MINOR CRACKED GLASS WITH CLEAR SILICONE SEALANT.
14. SOUTH STAIRWAY WINDOW:
REMOVE VERY BAD BULGES IN BOTTOM SECTION.
SET GLASS BACK INTO LEAD CAME.
INSTALL TWO NEW FLAT STEEL BRACES.
RESOLDER BROKEN BRACES AND LEAD JOINTS.
SEAL MINOR CRACKED GLASS WITH CLEAR SILICONE SEALANT.
15. WEST STAIRWAY WINDOW:
' RESOLDER BROKEN BRACES AND LEAD JOINTS.
SEAL MINOR CRACKED GLASS WITH CLEAR SILICONE SEALANT.
16. BALCONY WINDOW:
REMOVE VERY BAD BULGE IN BOTTOM SECTION.
SET GLASS BACK INTO LEAD CAME.
SET STAINED GLASS PANEL BACK INTO WOOD FRAME.
' INSTALL THREE NEW FLAT STEEL BRACES.
RESOLDER BROKEN BRACES AND LEAD JOINTS.
SEAL MINOR CRACKED GLASS WITH CLEAR SILICONE SEALANT.
II. INSURANCE:
OUR COMPANY IS FULLY INSURED. WE CARRY WORKERS' COMPENSATION
AND COMPREHENSIVE GENERAL LIABILITY WHICH ENCOMPASSES PREMISES/OPERATIONS,
PRODUCTS/COMPLETED OPERATIONS AND CONTRACTUAL AND MEDICAL INSURANCE.
III. WARRANTY:
' WHEN THE JOB IS COMPLETED AND PAYMENT RECEIVED, YOU WILL BE ISSUED
A TEN-YEAR WRITTEN WARRANTY COVERING ALL MATERIALS AND WORKMANSHIP.
IV. PRICE:
THE COST TO COMPLETE THIS WORK WILL BE:
'I FIVE THOUSANDS NINE HUNDRED & TWENTY DOLLARS [$5L920.00].
' PLEASE NOTE ANY MILL AND SASH WOOD WORK WILL BE PERFORMED ON A
TIME AND MATERIAL AT $27.50 PER HOUR..
' THESE PRICES ARE SUBJECT TO CHANGE SHOULD THE CONTRACT REMAIN
UNSIGNED FOR A PERIOD OF SIXTY DAYS FROM THE DATE OF THIS PROPOSAL.
' Continued-
1
. ■•
PROPOSAL NO. 1, PAGE 4, _
V. PAYMENT:
UPON COMPLETION OF ALL WORK AND APPROVAL OF SAME, A CHECK IN THE ,
AMOUNT OF THIS PROPOSAL SHALL BE MADE OUT TO CHAPEL ART GLASS COMPANY
AND GIVEN TO OUR CREW FOREMAN.
VI. CONTRACT ACCEPTANCE:
TO ACCEPT THE TERMS OF THIS PROPOSAL, PLEASE SIGN THE COPY AND RETURN
IT TO OUR OFFICE. THE ORIGINAL MAY BE RETAINED FOR YOUR RECORDS.
IF YOU SHOULD HAVE ANY QUESTIONS, PLEASE CALL US.
ACCEPTED FOR THE CHURCH: '
ACCEPTED FOR CHAPEL ART GLASS COMPANY, 11\1„S.: ( /
ALAN J. PALMER, CHIEF EXECUTIVE OFFICER •
AJP:djp
I
9
1 1
I
1
MI LI,
I W0
' ARTS
CO.,INC.
AUGUST 11, 1988
PROPOSAL NO. 2 SUBMITTED TO: ST. HUBERT'S CHURCH
7707 GREAT PLAIN
CHANHASSEN, MINNESOTA 55317
' I. WORK TO BE DONE:
CHAPEL ART GLASS COMPANY, INC. WILL INSTALL PROTECTIVE STORM COVERINGS
' ON THE SIXTEEN LEADED STAINED GLASS WINDOWS IN YOUR CHURCH. THIS
INSTALLATION WILL BE COMPLETED IN THE FOLLOWING MANNER:
A. REMOVE ALL OLD STORM GLASS.
' B. SCRAPE ALL OLD LOOSE PAINT AND PUTTY FROM AROUND THE PERIMETER
OF THE WINDOWS TO BE COVERED.
' C. RECEMENT THE EXTERIOR SURFACES OF THESE WINDOWS BY BRUSHING
NEW CEMENT INTO THE LEAD LINES TO SEAL AND HELP SUPPORT THE WINDOWS.
D. PAINT THE FRAMES OF THE WINDOWS TO BE COVERED WITH TWO COATS
OF QUALITY PAINT.
E. THE PLASTIC WILL THEN BE INSTALLED, IN SECTIONS. BRONZE-COLORED
ALUMINUM T-BARS ARE USED WHERE IT IS NECESSARY TO DIVIDE.
' F. THE INSTALLATION WILL BE FROM BRICK TO BRICK, COVERING ALL THE
WOOD.
G. TO ENSURE A PERMANENT, AIR-TIGHT, LEAK-PROOF INSTALLATION, THE
OUTSIDE EDGES OF THE PLASTIC WILL BE SEALED WITH CLEAR SILICONE.
II. INSURANCE:
OUR COMPANY IS FULLY INSURED. WE CARRY WORKERS' COMPENSATION
' AND COMPREHENSIVE GENERAL LIABILITY WHICH ENCOMPASSES PREMISES/OPERATIONS,
PRODUCTS/COMPLETED OPERATIONS AND CONTRACTUAL AND MEDICAL INSURANCE.
Continued-
ALAN PALMER
1460 Rice Cn ek Drive•Fridley,MN 55432
call collect
612-572-9744
•
PROPOSAL NO. 2, PAGE 2,
III. WARRANTY:
I
WHEN THE JOB IS COMPLETED AND PAYMENT RECEIVED, YOU WILL BE ISSUED A '
TEN YEAR WRITTEN WARRANTY COVERING ALL MATERIALS AND WORKMANSHIP.
IV. PRICE: ,
THE COST TO COMPLETE THIS WORK WILL BE:
USING 1/4-INCH XL SOLAR GRADE LEXAN $12,290.00.
USING 3/16-INCH XL SOLAR GRADE LEXAN $10,752.00.
USING 1/4-INCH PLEXIGLAS $9,216.00.
PLEASE INDICATE WHICH MATERIAL YOU HAVE CHOSEN TO USE.
THESE PRICES ARE SUBJECT TO CHANGE SHOULD THE CONTRACT REMAIN
UNSIGNED
FOR A PERIOD OF SIXTY DAYS FROM THE DATE OF THIS PROPOSAL.
V. PAYMENT:
UPON COMPLETION OF ALL WORK AND APPROVAL OF SAME, A CHECK IN THE AMOUNT
OF THIS PROPOSAL SHALL BE MADE OUT TO CHAPEL ART GLASS COMPANY AND GIVEN
TO OUR CREW FOREMAN.
VI. CONTRACT ACCEPTANCE:
TO ACCEPT THE TERMS OF THIS PROPOSAL, PLEASE SIGN THE COPY AND RETURN
IT TO OUR OFFICE. THE ORIGINAL MAY BE RETYIINED FOR YOUR RECORDS. IF YOU
SHOULD HAVE ANY QUESTIONS, PLEASE CALL US. I
ACCEPTED FOR THE CHURCH: ,
1
ACCEPTED FOR CHAPEL ART GLASS COMPANY, INC
ALAN J. PALMER, CHIEF EXECUTIVE OFFICER
AJP:djp
I