Agenda - Council - 11/22/2022 - Laserfiche WebLink

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EARLY TERMINATION AMENDMENT TO LEASE AGREEMENT BETWEEN CITY OF RAMSEY (LANDLORD) AND TODD BIALON (TENANT) THIS AMENDMENT is made by and between the City of Ramsey, hereinafter referred to as the "Landlord," and Todd Bialon, hereinafter referred to as the "Tenant" and becomes effective as of the last date of execution herein. WITNESSETH: WHEREAS, pursuant to a Lease Agreement dated October 24, 2018 ("Lease"), the Tenant currently rents and occupies leased premises from Landlord, as follows: the Leased Premises consists of 32,626 square feet of paved parking surface space located on Parcel 1 and Parcel 2 immediately east of 7551 Highway 10 NW in Ramsey, as identified for tax purposes as PIN 28-32-25-31-0020 (Parcel 1) and PIN 28-32-25-31-0007 (Parcel 2) (collectively "Leased Premises"); and, WHEREAS, the original term of the Lease will expire on November 2, 2023, with Tenant's option to exercise one 3-year renewal term upon 60 days' notice to Landlord; and, WHEREAS, on or around August 10, 2022, Landlord issued a Termination Notice to Tenant, which pursuant to Section 2 of the Lease, becomes effective one year after the written notice; and, WHEREAS, the County of Anoka will be acquiring Landlord's parcels (including the Leased Premises) in connection with the Ramsey Gateway Project, in order to construct new grade separated interchanges at CSAH 56 (Ramsey Blvd.) and CSAH 57 (Sunfish Lake Blvd.) and U.S. Highway 10/169, and grade -separated crossings at CSAH 56/57 and BNSF railway in the city of Ramsey, under Anoka County Highway Project Nos. 002-656-001 and 002-657-003 (hereinafter "Highway Project"); and, WHEREAS, as part of the Highway Project, the County is also acquiring Tenant's property located at 7751 Highway 10 NW, Ramsey, Anoka County, Minnesota, identified as Parcels 1 and 142 of the Anoka County Highway Right -of -Way Plat No. 102, and which for tax purposes is identified as PIN # 28-32-25-31-0003 and PIN # 28-32-25-31-0021 (collectively "Bialon Property"); and, WHEREAS, the Bialon Property is improved with an auto sales facility consisting of rented office space and parking areas where EZ auto, Inc. owned by Tenant operates and Tenant leases space to other auto dealers; and, WHEREAS, in conjunction with use of the Bialon Property, tenants of the Bialon Property including Tenant's business EZ Auto, Inc. have used portions of the Leased Premises; and, WHEREAS, the County of Anoka and Tenant have a pending settlement and real estate Purchase Agreement with tentative closing in February 2023, to be set on a mutually agreeable date (the "Closing"); and 1