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<br />ensure what the tenant is planning on doing, if that is a permitted use, and what needs to be done <br />to get in compliance. Auto sales are a permitted use, but not in the state of that land currently; <br />there would need to be some level of improvements. The next step is how to address the <br />payment of the improvements. He is hearing that the tenant should be paying since this would be <br />an expansion of the business. The lease revenue goes back to the Metropolitan Council and they <br />need to be certain if the City agrees to pay for the paving by reducing the rent to cover that, that <br />they are able to cover the costs. More time is needed to flesh this out. This is a unique case. It <br />is an opportunity to keep a business in Ramsey by trying to work with them and see what the <br />City can do to accommodate them. So far this business owner seems willing to work with the <br />City. <br /> <br />Mayor Gamec noted the Council seems to be in agreement that used car sales are not wanted in <br />this location. He suggested staff continue discussions with the new tenant and action be tabled <br />tonight. <br /> <br />Councilmember Elvig commented what is being looked at is really a wash. The tenant does not <br />necessarily want to expand the business; they are exploring the possibilities and the <br />improvements that are required, which has nothing to do with this lease. This is the assignment <br />of an existing lease for an existing owner to another new owner. They are not stipulating <br />anything new or asking for anything new; this is paper shuffled from one business to another. <br />He is inclined to approve this lease assignment, but the rest of this needs to come back to the <br />Council. <br /> <br />Councilmember Strommen concurred. <br /> <br />Interim City Administrator Nelson indicated staff would consider those items that have been <br />discussed tonight as negotiated items. This is merely a transfer of the existing lease to the <br />current tenant. <br /> <br />Councilmember Dehen questioned why they are doing an assignment of the lease as opposed to a <br />new lease. <br /> <br />City Attorney Goodrich replied Mr. Nissen is seeking to have the lease assigned. The City could <br />deny the assignment, but would need to have a reason for doing so, such as not finding the new <br />tenant credit worthy. Mr. Nissen has a right to assign this lease just as it exists. <br /> <br />Councilmember Dehen asked if there were discussions with Mr. Nissen as to whether he would <br />want to terminate the lease. <br /> <br />City Attorney Goodrich indicated his assumption is that Mr. Nissen has sold this business <br />contingent on having the lease assigned. <br /> <br />Motion by Councilmember Elvig, seconded by Councilmember Olson, to approve a transfer of <br />the Lease Agreement dated April 24, 2006 to TJWB, LLC, for 3,808 square feet of the building <br />located at 6745 Highway 10 upon terms and conditions of the existing Lease Agreement, <br />contingent upon 1) Receipt of adequate financial information and written request from TJWB, <br />LLC; 2) Compliance with City Code (outside storage on paved surfaces within 6 months). <br /> <br />City Council / July 10,2007 <br />Page 14 of24 <br />