Laserfiche WebLink
WHEREAS <br />, the City desires to limit its expense outlay to no more than $8,000.00; and <br />WHEREAS <br />, Janzen proposes to pay as rent $500.00/mo. plus 50% of <br />the net profit from the Go-Kart Track operation ; and <br />WHEREAS <br />, there is an existing building on the Property which is need of demolition; <br />and <br />WHEREAS <br />, the potential for ground contamination exists on the Property which <br />potential cannot be determined until after the above referenced building demolition; and <br />WHEREAS <br />, depending if contamination is found and its severity, it may not be possible <br />for the City to lease the Property. <br />NOW, THEREFORE <br />, it is agreed by and between the parties hereto as follows: <br /> Lease <br />1.. The City will lease, subject to the terms and conditions defined below, to <br />Janzen the Property for the period, June 1, 2011 through October <br />31, 2011 for the purpose of operating a Go-Kart Track for up to a <br />maximum of 16 separate events. <br /> Interim Use Permit <br />2.. The Lease will be cancelled and void in the event the City <br />-Kart Track use in 2011. <br />Notwithstanding this Agreement, the parties acknowledge that the City is under no obligation to <br />issue an IUP for the Property, and that independent of this Agreement, the City will follow its <br />City Code in considering the IUP. <br />In the event an IUP is issued, that IUP will be attached hereto as Exhibit C and its <br />contents incorporated herein as if fully set forth at this point. <br /> Potential Contamination <br />3.. If in the opinion of the City Engineer, ground <br />contamination which poses an environmental hazard is found on the Property, this Agreement <br />will be null and void and neither party will have any further obligation to the other. <br /> Rent <br />4.. As and for rent for the Property for Lease Term, Janzen shall pay to the <br />City $500.00/mo. commencing on the first day of June, 2011, and a like sum on each first day of <br />the month thereafter through October, 2011. In addition to the Base Rent, Janzen shall pay the <br />Profit Sharing Rent in two payments, one payment due on August 1, 2011 and one payment due <br />on November 1, 2011. Janzen shall provide sufficient financial records to the City to enable the <br />City to reasonably be assured that the Profit Sharing Rent has been properly accounted for. <br /> Indemnification. <br />5.Janzen agrees that he will hold harmless, indemnify, and <br />defend the City, its, officers, agents and employees against any and all claims, expenses <br />(including attorneys fees), losses, damages or lawsuits for damages arising from or related to <br />providing or failing to provide services hereunder, including but not limited to the negligence of <br />Janzen. <br /> Insurance. <br />6.Janzen shall procure and maintain in full force and effect during the <br />term of this Agreement, insurance coverage for injuries to persons or damages to property which <br />may arise from or in connection with the performance of the work hereunder by Janzen, its <br /> 2 <br /> <br />