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2016-16CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: February 22, 2016 RESOLUTION NO: 2016-16 MOTION BY: Tioruhom SECONDED BY: McDonald RESOLUTION APPROVING ASSIGNMENT OF LEASE WHEREAS, Distinctive Ventures, Inc., a Minnesota corporation, ("Distinctive Ventures") entered into a lease agreement with the City of Chanhassen ("City") dated December 12, 2011("Lease Agreement") to lease a portion of a building owned by the City commonly known as Old Town Hall located at 391 West 78' Street, Chanhassen Minnesota 55317 ("Premises"), where Distinctive Ventures operated a Seattle Sutton Healthy Eating business; WHEREAS, the term of the Lease Agreement ends on December 31, 2016; WHEREAS, Distinctive Ventures entered into an Asset Purchase Agreement with Seattle Sutton's Healthy Eating South Metro, LLC, a Minnesota limited liability company ("SSHE South Metro") dated January 22, 2016 ("Asset Purchase Agreement") whereby Distinctive Ventures agreed to convey its business located at the Premises together with its business operations located in Savage and West Bloomington to SSHE South Metro effective January 22, 2016; WHEREAS, the terms of the Asset Purchase Agreement included an assignment of the Lease Agreement; WHEREAS, the Lease Agreement requires approval of Distinctive Ventures' assignment of the lease by the City; WHEREAS, SSHE South Metro has provided the certificate of insurance required under the Lease Agreement; WHEREAS, the shareholders of SSHE South Metro successfully operate seven additional Seattle Sutton businesses in the metro area; WHEREAS, staff has reviewed SSHE South Metro's request and has reviewed the documents provided by SSHE South Metro; WHEREAS, staff recommends approval of the assignment. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA, that the assignment of the Lease Agreement by Distinctive Ventures to SSHE South Metro is hereby approved. Passed and adopted by the Chanhassen City Council this 22d day of February, 2016. ATTEST: O Todd Gerhardt, City Manager YES Laufenburger Campion McDonald Ryan Tjomhom NO None Denny Lau nburger, Mayor ABSENT None