Isanti staff proposes lease change to protect BMX building roof warranty; BMX board asks for clearer negligence standard

City staff recommended the Committee of the Whole amend the BMX building lease to add language protecting a recently replaced roof and to make the tenant liable for repairs if tenant negligence voids the manufacturer's 20-year warranty.

"The warranty is for 20 years," Speaker 7 told the committee and recommended adding a section (30.6) to the lease making the tenant responsible for costs caused by tenant negligence that voids the warranty. Staff said some earlier, unauthorized roof penetrations or changes had been reported by the roofing contractor and that any modifications or even unauthorized access could void the warranty.

Tim Dobozinski, who identified himself in the meeting record and gave his Isanti Parkway address, said BMX board members were not previously told of all contractor findings and that their main concern is language tying condensation or HVAC operation to negligence. "Some of that stuff doesn't get passed along," Dobozinski said, asking who would decide when condensation or normal building reactions amount to negligence.

Staff said the proposed amendment language is drawn from the manufacturer's warranty and that city and BMX representatives can draft clarifying language together. The city suggested staff (Ms. Hilsen and others) would prepare draft language, the BMX board would review it at its next meeting, and the council could consider the amendment for resolution in October pending agreement on wording.

No lease amendment was adopted at the meeting; staff and BMX representatives agreed to draft specific, mutually acceptable language and return to the council for action.