Loading...
90-118 ' O � I G I N A Council File � _ � '��d Return co�'y to Room 218 (EC) (CRFS3) Green Sheet � 8180 RESOLUTION �- , CITY OF SAINT PAUL, MINNESOTA �`�� . � Presented By f`.r� Referred To Committee: Date / � WHEREAS, the Board of Water Commissioners is in need of office space and an equipment storage area to provide a base of operations for the Water Utility Distribution Division on the Eas� Side of Saint Paul; and WHEREAS, officials of the Department of Fire and Safety have agreed to lease for two years , at $19, Q108 , approximately 2 ,�0H square feet on the first floor of their facility located at 1720 East Seventh Street, known as Old Station #24 , to the Board of Water Commissioners for this above-stated purpose; and WHEREAS , based upon its survey of comparable properties, the Real Estate Division has determined that the rent does represent fair market value for the leased space; NOW THEREFORE BE IT RESOLVED, that the proper City Officials are hereby authorized and directed to execute said Lease Agreement #FS/3 . �eas Nave Absent Requested by Department of: _�— Finance & a ement Ser ces e � �— �— �� � e � ector � -� Bys o ���y,, JA N 2 3 1990 ��� Approved by C ty Attorney Adopted by Council: Date . Adoption Certified by Council Secretary gy; �r �� �� By: Approved by Mayor for Submissior. to / �A�2 � ��uncil Approved by Mayor: Date - By. ���G� By: �[1Bi1�HED ���i � �31990 . , , . � CITY OF ST. PAUL ��O'//� OFFICE OF THE BOARD OF WATER COMMISSIONERS � RESOLUTION—GENERAL FORM � No_ ��-:-- PRESENTED BY ���l....L _ _-__--- -- DAT COMMISSIONER ` � y WHEREAS, The Board of Water Commissioners is in need of office space and an equipment storage area to provide a base of operations for the Water Utility Distribut.ion Division on the East Side of Saint Paul; and WHEREAS, The Department of Fire and Safety Services has agreed to lease the first floor of the old Fire Station No. 24, 1720 East Seventh Street to the Board for such purposes; and WHEREAS, The Citi•'s Real Estate, Risk and Facilities Manager has pr•epared the attached Lease Agreement providing for a two �-ear lease of approximately 2,000 square feet at $4.75 per square foot for a yearly amount of $9,500.00; and WHEREAS, The General Manager, Thomas D. Mogren recommends Board approval of the attached proposed Lease Agreement; now, therefore, be it RESOLVED, That the attached Lease Agreement between the Citt� of Saint Paul and the Board of Water Commissianers is hereby appro��ed and that the proper officers are hereb}> authorized to execute said Lease Agreement on behalf of the Board. Water Commissioners Adopted by the Board of Water Commissioners Yeas Nays '�=��rd V�.c� Prr��►Ys3�.�e �t�:��t��� ;��;,.n��a� �21 19 �9t Fx�eaici�r.1[ G:�u�'.�,�.� , In favor � _ Oppos� � �� — SECY. . / . ,� . . . � ����� � DEPARTM[NT/OFFl(�J�UNCIL DATE INITIATED s r ices �s GREEN SHEET No. $��pA� CONTACT PERSON 8 PHONE DEPARTMENT DIRECTOR �dTY COUN(Ml Dave Ne1 son 5 1 �� ciTM�rro��' /-G/ �CITY CLERK MU8T BE ON COUNpL A(iENDA BY(DA ROUTMiO BUOOET DIRECTOR �FIN.8 MOT.SERVICE8 DIR. �MAYOH(OR ABSISTANT) � TOTAL N OF SKiNATURE PA (q.IP ALL LOCATIONS FOR 81QNATUR� "�ONR��Dc To lease for two years, from January 1, 1990 through December 31, 1991, approx- imately 2,000 squar feet on the� first floor of the Department of Fire & Safety's facility known as Old Statio #24 to the Water Utility to provide s�_b�se of operations far its Dist- ribution Division o the East Side. Ref: T. Resolution for Passage; 2. Copy of Board Res- �ooM�a►nars:�awor.(N« c� �a���ioii�=��Lc�f#�. .�affiple Cbpy: , ��_ _ .:�r-._. _PIANNINQ OOAAMI8810N L SERVI _p8 COIYIMI7TEE COMMENT3: _$T,� — . . a —���� �������� MAYf3f�"5 OF' iC� �Nm�►nNa�M.�. lwno.wna,vu�sn,wnsre.w�M: The Water Utility quires space for its Distribution Division on tlhe East Side. RECEIVED � .��N 5 ���il "°"""T"°E$'F"�"Ea DEI'ARTMENT OF FtNaNCE /4ND MANAGEMENT SERVICES The Water Utility ill have the needed space. Otherwise unutili d space in Old Station �24 will be occupied. asnov�wr�s��o: N�A RECEIVED aAN1s1�,90 . � Cl�[Y CL�KK D18ADVANTAfiEB IF NOT APPROHEO: The Water Utility ill have to look elsewhere for suitable space. l:ouncil f�esearch Genter JAN 111990 TOTAI AMOUNT OF TRANSA =19.OO S.OO (�T/I�yENUE WppEi'Ep(qRq.E ONH) YE8 NO �N��� 850-28 74-0299- , Ac�nvmr Nu�n FlNANGAL INFORMATION:(D(PWN) �rV ' • , . , � . ' �. ' � 1 NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE OREEN SHEET INSTRUCTIONAL � MANUAL AVAILABLE IN THE PUR(�iASINii OFFICE(PHONE NO.299-4225). � ROUTINO ORDER: Bslow aro p►eferred routinpa for the five nroat froquem typss of documeMs: CONTRACTS (aeeum�authorizsd COUNGL RESOLUTION (Amend.Bdgta./ budpet sxists) Axept. Oranta) 1. Outsids Apency 1. Depertmsnt Director 2. Initiating De�RrtwM 2. Budpst Director 3. Gty Attomey 3. (�ty Attorney 4. Maycx 4. MayoNAesistant 5. Finence�Mpmt Svca. Di►sctor 5. qty Council 8. Flnance AxouMin� 8. Chfef Acxountant, Fin d�Mgmt Svcs. ADMINISTRATIVE ORDER (Budget COUNCIL RESOLUTION (all others) Reviaion) aruJ ORDINANCE 1. Activity ManaiQer 1. InkieUnp Departmerit Director . 2. Dspartment AcoouMent 2. City Attomey 3. Departmsnt Diroctor 3. MayoNAssistant 4. Budget DireCtor 4. City COUhcil 5. City Gerk 6. Chief Accountant, Fn 8 AA�mt Svcs. ADMINI3TRATIVE ORDERS (atl others) 2. ICity A�\_� < 3. Mayor/AseisteM 4. C�tty Clsrk. . TOTAL NUMBER OF 31CiNATURE PAQE8 Indicate.ths#►of p�on whiCh eipnatu�an required snd rCli e�cn ot t�� ACTION Ft�(�S'TED . , ., . . - De�cribs what ths projsct/nque�t sssks W accompllsh fn either chronologi- cel order or order of impoRanoe,whichsver is most appropriffie for the issus. Do not w�iM complst�seMerx�a. Be�fn eech ftem in your list with a varb. • RE(�MMENDATIONS Complete if the iawe in qu�stion has been��sMed before any body,publ� or private. 3UPPORTS WHICH COIJNqL OBJECTIVE? Indicate which Council objective(s)Y'������PP��Y��9 Me key v�rord(s).(kIOU$INCi, RECREAT�1.NEIOH80RhI00DS, EOONOMIC DEVELOPMENT, BUD(3ET,3EVVEFI3EPARATION).(SEE COMPLETE U8T IN INSTRUC7'IONAL MANUAL.) COUNdL 00MMITTEEJRESEARCH REPORT-OP1'IONAL A3 REQUE3TED BY COUNqL INITIATINO PROBLEM, 138UE,OPPORTUNITY Explain ths aituetbn or c�ondidons th�t created a need for your proJect or request. ADVANTAOES IF�APPROVED Indicate whsther thla is simpy�n annual bud�st procedure requfred by law/ chartsr or whethsr thsre are apsciflc wa in which the Ciry of Seint Paul and its citizens will.bsnellt,from this pro�sCt/ac�bn. DISADVANTAGES IF APPROVED What neg�re Mfects or major changes to sxisting or past processea might Mis projecUrpusst producs ii k is petsed(e.g.,trafHc delaya, noise, tax increases or as�sssmsrnsYt To Wlwm?Wh•n? For ha�r bng? DISADVANTA(3ES IF NOT APPROVED Whst wfll be the negativs cons�quencss ff the promised action is not appro�red?Inability to dslive►asn�Ce?Continued high traffia, noise, � axident rate?Loss of revsnus? FINANqAL IMPACT ARhough you must tailor the infamation you provide here to the issue you , are addressing,in gensral you must ansMrer two questiona: How much ia it yoiny to cost4 Who 1s goin�to pay't : . . . . l�- �o -��Y CITY OF SAIHT PAUL ESAL PEOPE$TY LEA3E AG&SEKEHT Revised 12/20/8g � ci=Z o � Authority (C .F . or A. .� � '� r LEASE N0. � � Z 0 �� '� � tllllllltltt y FINANCE EPT. LE E N0 . F3/3 � 111� �II D h� DATE: uary 1 , 1990 � �ss+ LESSOR: a` - CITY OF SAIHT PAUL �«. �$TMEBT IBE & SAFETY CITY OF SAINT PAUL � ",,,�, LESSEE: ,-/� REAL PROPERTY ..:�:�� r�A' City of Saint Paul - Water Utility � LEASE AGREEMENT 25 W• Fourth 3treet, te 500 3aint Paul, MN 55102 - A�. Tom Mogren � ��� ( 1 ) Leased Premises. The LESSOR, in consideration of the payment of the Basic Rent and Additional Rent }�ereinafter spec � ed to be paid by the LESSE$ , and the covenants anc'� agreements here ' ntained, does hereby lease , demise and let unto LESSEE the emises ereinafter referred to as the "Leased Premises" , who�a adflress�<�:��: 1720 East Seventh Street , Located at the Southeast-Corner of Seventh and Flandrau. and which is legally described as : Lota 14 � 15 , Block 1 , Kuhls 2nd Addition and which consists of , with the egception of a small locked storeroom in its southwest corner, all of the first floor of the building (approximately 2 ,000 square feet ) together with any and all fixtures and improvements. See Ezhibit "A" , plan or map of leased area which is incorporated herein by this reference. 1 . . . . �o,�yQ -i�� (2) Tera of Lease. This lease shall be in effect for a term commencing and ending on the dates indicated below, unless terminated earlier by the LESSOR as provided herein. Term (Months/Years ) Commencing Date Ending Date 2 years January 1 , 1990 Deceaber 31, 1991 (3) Qse of Pre,ises. The premises shall be used and occupied by LESSEE for the following purpose : Repair Operations and Office Space and for no other purpose without the prior written consent of LESSOB. (4) Basic Rent. Rent shall be paid by the LESSEE in advance , on the first day of the term of the lease and on the first day of each and every payment period thereafter as indicated in the Payment Schedule below: Total Basic Rent Payment Schedule During Lease Term (Monthly/Annually - Commencing Date - $ per Period ) $19,U08.00 1rlonthly Noveaber 1 , 1989 $792.00 LESSEE shall credit all payments of Basic Rent and Additional Rent to the following account : Payments of Basic Rent and Additional Rent shall be charged to the following account : (5) Additional Rent. The LESSEE shall pay all Additional Rent . Additional Rent means all amounts , other than Basic Rent provided for in paragraph 4 above , which LESSEE shall be obligated to pay under this paragraph or other provisions of this Lease. Additional Rent includes , but is not limited to , the following fees , costs and expenses : ( a ) all utilities , including water , electric , gas , telephone , sewage and garbage collection and disposal ; (b) costs for the repairs , improvements or alterations required to be made by the LESSEE in paTagraph 12 of this Lease ; ( c ) all taxes on realty or personalty , general or special ; and (d ) all public rates , dues , charges and assessments , general or special , of any kind upon the Leased Premises ; and (e) property insurance premium and/or uninsured losses as set forth in paragraphs 8 (c) and (d) of this Lease. In the event that LESSEE does not make such payments ( or any payments required to be paid as Additional Rent ) , LESSOR may make the payments at its option , and the payments so paid become Additional Rent , and are due and payable by the LESSEE with the payment of Basic Rent next required after written notice of same to the LESSEE by LESSOR. 2 . � , - . �9a ��� (6) Tazes. LESSEE ahall be responsible for and pay all taxes and assesaments against the Leased Premises , ezcept that LESSEE ma�r at its own expense contest and challenge the imposition or amount of any such tag or assessment in accordance with law; provided , hoWever, that in the event this Lease is terminated by either party, LESSOR may at its option require the LESSEE to pay such contested tazes pending appeal , to place in escrow a sum sufficient to pay said tages , or take other action which will remove said conteated tages as an encumbrance to title or as an egception to the transferability of marketable title to the Leased Premises . (7) Eight of Bntry. At any time during the term of this lease , the LESSOR shall , with 24 hours notice , have the right by itself, its agents and employees , to enter into and upon the Leased Premises for the purpose of ezamining and inspecting the leased area to access those parts of the building which are retained by the LESSOR. (8) LESSES' S Insurance. LESSEE shall maintain during the term of this lease and upon the Leased Premises certain insurance coverage which is described as follows : (a) WORKERS ' COMPEi�SATION INSURANCE v►ith coverage not less than the statutory limits and EMPLOYLRS ' LIABILITY INSURANCE with limits of not less than: N/A PER ACCIDENT (b) COMPREHENSIVE GENERAL LIABILITY insurance including blanket contractual liability coverage and personal liability coverage vrith a combined single limit of not less than: N/A PER OCCURRENCE such insurance shall : ( 1 ) name the Citp of Saint Paul, its elected and appointed officers , employeea and agents as additional insureds ; (2) be primary with respect to LESSOR' S inaurance or self-insurance program; (3) contain a standard cross liability endorsement ; (4) not egclude ezplosion , collapse and underground property damage; and (5 ) be written on an "Occurrence" �'orm policy basis. (c ) PROPERTY INSURANCE including fire , extended coverage and all - risk inaurance covering the demised premises and all property located therein belonging to LESSOR in an amount equal to 90� of the full replacement and reconstruction cost of the property. The amount of the deductible, if any, shall not egceed N/A_� of full replacement . The amount of coverage agreed to by the parties at the inception of this Lease . Such policy shall be on a replacement cost basis , With permission to replace at any site . The amount of inaurance shall be increased to an amount equal to 90� of the full replacement and reconstruction coat of the premises on every annual anniversary date of this Lease . Whenever 3 �. �� ' � � . . �ga -��� requested by LESSOR , LESSEE shall procure an appraisal of the Leased Premises from an appraiser approved by the LESSOR, and the new appraisal amount shall then become the new basis for insurable value. The policq Will be iasued in the name of the LESSOR with loss payable to LESSOR and LESSEE as their respective interests may appear. With respect to LESSOR ' S property losses not covered by insurance, it shall be the reapon$ibilit9 of the LESSEE to pay all costs to repair or replace the damaged property with like kind and within a reasonable time. In the event of a loss covered by the LESSOR' S insurance policy, the LESSLE shall pay to the LESSOR the policy deductible in the amount of $25 ,000 . Any uninsured losses and payment of the insurance deductible shall be considered as Additional Rent. LESSEE shall be responsible for insurance or self insurance of its own property. (d) The policies required in Paragrapns 8 (a) and (b) shall name LESSOR as an insured, and shall be endorsed to indicate that the insurer cannot cancel or change the inaurance without firat giving the LESSOR 30 days ' prior written notice. mhe policies shall be endorsed to indicate that the coverage shall not be invalid due to any act or omission on the part of the LESSOR. (e) The insurance shall be placed with responsible insurance companies authorized and licensed to do business in the State of iKinnesota and approved by LESSOR, and copies of the policies shall be delivered to I,ESSOR on the date of LESSOR ' S execution of this agreement . If such policies are not delivered to the LESSOR as provided, the LESSOR may at its option terminate the Lease or place the insurance itself and bill the LESSE� for the cost of coverage as Additional Rent. ( f) It is specifically understood and agreed that all of the proceeds of the insurance policies under Paragraph 8 (a) , (b) and (c) shall belong to and be payable to the LESSOR, and that the LESSOR, after application of such proceeds to the losa , may apply any remaining proceeds to a separate noninsured loss of the LESSEE arising out of the use or condition of the Leased Premises . (g) If for any reaaon any of the insurance hereunder is void, the LESSEE is responsible to the LESSOR for the total amount of the uninsured loss . (9) Canaellation or Termination. This lease shall be subject to cancellation and termination by LESSOR at any time during the term hereof by giving the LESSEE notice in writing at least one year in advance of the date when such termination shall become effective. In the event of such termination any unearned rental paid by the LESSEE shall be returned to LESSEE without interest . 4 �. _� . . , - . (�go-ii� ( 10) Notice. All notices herein provided to be given, or which may be givea by either party to the other, shall be deemed to have been fully given when served personally on LESSOR or LESSEE, or rrhen made in writing and deposited in the United States Mail , certified and possta�e prepaid. The address to which the notice shall be mailed may be changed by written notice given by either party to the other. Nothing herein shall preclude the giving of such address change notice by personal aervice . ( 11 ) Aesignment and Subletting. LESSEE shall not asaign or sublet this� Lease without the Written conaent of the LESSOR, rrhich consent must be obtained prior to the ezecution of any agreement to sublease the Leased Premises . ( 12) Maintenance and Repaira. LESSEE shall , at its oxn cost and egpense , be reaponsible for all repairs, maintenance and upkeep of the Leased Premises, including but not limited to snow removal ; reasonable emergency repairs of any kind ; routine maintenance and repair to keep the Leased Premises in �ood repair, safe and in compliance With applicable fire , health , building and other life-safety codes ; and all repairs and preventive maintenance needed to keep the buildings or structures oa the Leased Premises in good condition, including (a) the ezterior ( including windoWS and doors) and interior structure of the buildin�s or structures , (b) the roof or roofs , (c) the heating , ventilating and air conditioning systems therein, (d) all electrical, plumbing , lighting , mechaaical syatems , fire auppression equipment i. e. fire aprinkler system; and (e) all grounds , fences and roads within the Leased Premisea . Nothing in the Poregoing ahall obli�ate the LESSEE to , at its own eypense, make substantial capital improvements or to replace major components of any building sgstem which have deteriorated over time from normal xear and tear. ( 13) Payments ia Case of Default. LESSEE shall pay LESSOR all coats and egpenses ,including reasonable attorney' s fees in any action brought by LESSOR to recover any rent due and unpaid hereunder, or for the breach or default of any of the covenants or agreements contained in this Lease, or to recover posse$sion of said property, whether such action progresses to judgment or not . ( 14) Surrender of Premisea. The LESSEE, at the eapiration of said term, or any sooner termination of this lease , shall quit peacefully and surrender poasession of said property and its appurtenances to LESSOR in as good order and condition as the property was delivered to the LESSEE. 5 - � � � . . �CC�� —//d' ( 15 ) Indemnity. The LESSEE agrees to indemnify, defend , save and hold harmless the City of Saint Paul and any agents , officers and employees thereof from all claims , demands � actions or causes of action of whatsoever nature or character , arising out of or by reason of the Lease of the herein described premises by the LESSOR to the LESSEE , or the uae or condition of the premises or as a result of the operations or business activities taking place on the premises . It is fully underetood and agreed that L�SS�E is aware of the conditions of the Leased Premises and leases the same "as is . " ( 16) Holdover. Any holdover after the egpiration of the term of this Lease shall be allowed only after receiving the written consent of the LESSOR. Said tenancy shall be deemed to be a tenancy only from month-to-month. All of the other terms and conditions of this Lease shall be applicable. ( 17) Pollution and Contaminants . LESSEE agrees to comply with all ordinances , laws , rules and regulations enacted by any governmental body or agency relating to the control, abatement or emission of air and water contaminants and/or the dispo$al of refuse , solid wastes or liquid wastes . LESSEE shall bear all cost and expense arising from compliance with said ordinances, laws , rules , or regulations and shall indemnify, defend , save and hold harmless LESSOR Prom all liability, including without limitation, fines, forfeitures , and penalties arising in connection with the failure by LESSEE to comply with such ordinances , laKS , rules or regulations. LESSOR has the right to perform cleanup and charge the LESSEE as Additional Rent for such costs should the LESSEE fail to comply. ( 18) Coatrolling Lease. In the event there is any prior existing lease or rental a�reement between LESSEE and LESSOR (or its predeceasor in interest ) covering the subject property, it is agreed and understood that this Lease shall cancel and terminate any prior leases or rental agreements as of the effective date of this lease. ( 19) Destruction. In the event of damage to or destruction of the Leased Premises or in the event the premises becomes untenantable or unfit for occupancy due to euch damage during the term of this Lease , LESSOR may at its option: (a) terminate the lease upon fifteen ( 15 ) days ' written notice to LESSEE ; or (b) within fifteen (15 ) days agree to restore the premises within a reasonable time period following the casualty, charging the costs in eacess of the insurance proceeds , if any, to the LESSEE as Additional Rent; or 6 - - ;� , � . - �;��o '//� ( c) may direct that LESSEE promptly restore the Leased Premisea to substantially the condition ezisting immediately prior to such damage or destruction, and for that purpoee , if such damage or deatruction was caused by perils inaured against the LESSOR shall make available to LESSEE pro-rata, as work progresses , the net proceeds of such insurance. If such proceeds are insufficient to pay the entire cost thereof, L�SSEE agrees to pay as Additional Rent, a lump sum payment (or in a form agreed upon by the LESSOR) equal to the remainder of such coat. The Basic Rents to be paid during the restoration period shall be abated in proportion to the percentage of loss and impairment of the use of the Leased Premises as determined by the LESSOR, times the number of days of loss or impairment. (20) Events oP Default. Any of the following events occurring durin� the term of this Lease shall constitute an event of default by the LESSEE: (a) the filin� of a petition to have LESSEE adjudicated bankrupt or a petition for reorganization or arrangement under any lavrs of the United States relating to bankruptcy filed by LESSEE; (b) in the event a petition to have LESSEE adjudicated bankrupt is filed against LESSEE, the failure to dismiss such petition within ninety (90) days from the date of such filing; (c) the assets of LESSEE or of the business conducted by LESSEE on the Leased Premises be assumed by any trustee or other person pursuant to any judicial proceedings ; (d) LESS�;E makes any assignment for the benefit of creditors ; (e) the failure by LESSEE to timely pay Basic Rent or Additional Rent as required by this Lease; (f) the failure by LESSEE to observe and perform any covenant , condition or agreement on its part to be observed or performed as required by this Lease; or (g) the f ailure by LESSEE or its surety to discharge, satisfy or release any lien or lien statement filed or recorded against the Leased Premiees within sixty days after the date of such fil,ing or recording, whichever date is earlier. It is an egpress covenant and agreement of LESSOR and LESSEE that LESSOR may, at its election, terminate this Lease in the event of the occurrence of any of the events described in this paragraph or in paragraph (23 ) relating to liens by giving not less than ten days ' written notice to LESSEE; and when so terminated, LESSOR may reenter the Leased Premises . This Lease and its Leased Premises ahall not be 7 �- ' � _ G+� 90'�i� treated as an asset of LESSEE' s estate. It is further egpressly understood and agreed that LESSOR shall be entitled upon auch reentr�, notwithstanding any other provision of this Lease , to eaercise such ri�hts and remedies as are provided in Default Remedies Section of this Lease . (21 ) Compliance Kith Laxa. The property described herein may be used for only the purposes stated herein. It is the sole and egclusive reaponsibility of the LESSEE in the use of the property to comply with any and all laws , rules , regulations or ordinances imposed by any jurisdiction affecting the use to which the property is proposed to be put . Inability or failure on the part of the LESSEE to comply with any of said laws , rules, regulations or ordinances will not relieve the LESSEE of the obligation to pay the rental provided herein. (22 ) Non-Discrimination. 1he LESSEE for himself, his personal representatives , successors in interest and assigns , as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land , that ( 1 ) no person, on the ground of race , seg, color creed , religion, age, disability, marital status, status with reapect to public asaistance or national origin or ancestry shall be egcluded from participating in, be denied the benefits of or be otherwise subjected to discrimination in the use of said facilities; (2) that in connection with the construction of any improvements on said lands and the furnishing of services thereon, no discrimination shall be practiced in the selection of employees and contractors, by contractors in the selection and retention of first-tier subcontractors , and by first- tier subcontractors in the selection and retention of second-tier subcontractors ; (3 ) that such discrimination shall not be practiced against the public in their access in and use of the facilities and services provided for as public accommodationa (such as eating, sleeping, rest and recreation) constructed or operated on the Leased Premises ; and (4) that the LESSEE shall use the premise$ in compliance with all other requirements imposed pursuant to the Saint Paul Legislative Code Chapter 183 . (23) Li�ns. The LESSEE shall not permit mechanic ' s liens or other liena to be filed or eatabliahed or to remain against the Leased Premises for labor, materials or services furnished in connection with any additions , modifications , improvements , repairs , renewals or replacements made to the Leased Premises , or for any other reason, provided that if the LESSEE shall first notify the LESSOR of its 8 - . - . �ya-��� intention to do so and shall deposit in eacrow r�ith the LESSOR a sum of money or a bond or irrevocable letter of credit acceptable to the LESSOR equal to the amount of the claim of lien, LESSEE may in good faith contest any such claims or mechanic' s or other liens filed or established and in auch event may permit the items contested to remain undischarged and unsatisfied durin� the period of such contest. If, in the opinion of the LESSOR, the nonpayment of any such items subjects the Leased Premises to any loss or forfeiture, the LESSOR may require the LESSEL to use the escrow account to promptly pay all such unpaid items and if LESSEE fails to pay from the eacrow account, the LESSOR may pay and charge the LESSE� as Additional Rent . (24) Eminent Domain. in the event the entire Leased Premises are taken by eminent domain, or such portion thereof is so taken that in LESSEE ' s reasonable judgement it is uneconomic thereafter to reatore the Leased Premises and proceed under the terms and provisions of this Lease, LESSEE may terminate this Lease bg giving to LESSOR thirty days ' written notice of termination, effective as of the date on which the condemning authority acquires legal title or physical possession of the Leased Premises . LESSEE hereby waives and releases any claim to or share in the Award of Compensation for the taking, notwithstanding any other provision of law, this Lease or any other agreement. LESSEE may to the eztent otherwise permitted in the eminent domain proceeding , remove its own trade fiztures at its own egpense . (25 ) Default xemedies. In the event an Event of Default occurs under paragraph (20 of this I,ease , LE5SOR may egercise any one or more of the following remedies: (a) reenter and take possession of the Premises without termination of this Lease, and use its best efforts to lease the Premises to or enter into an agreement with another person for the account of LESSEE; (b) terminate this lease , egclude LESSEE from poasession of the Premises , and use its best efforts to lease the Premises to or enter into an agreement with another in accordance with applicable law; ( c) ezalude LESSEE from possession of the Premises , with or without terminating this Lease and operate the Premises itself; (d) terminate the Lease, egclude LESSEE from possession of the Premises, sell all or any part of the Premises at the best price obtainable (provided such sale is permitted by applicable lax, ) such sale to be on such terms and conditions as the LESSOR, in its sole discretion, shall determine and apply the proceeda of such sale less any ezpenses thereof for the account of the LESSEE. 9 � ' ' � ' , � d c�p -// ( e) egercise any remedies available to it under the i+�innesota Uniform Commercial Code ; (f) take whatever action at law or in equity may appear necessary or appropriate to collect the Basic Rent and Additional Rent then due and thereafter to become due , or to enforce performance and observance of any obligation, agreement or covenant of the LESS�E under this Lease . (g) in eaercising any of its remedies set forth in this Section, the LESSOR may, whether or not the Lease is then in effect , hold the LESSEE liable for the difference between the payments and other costs for which the LESSEE is reaponsible under this Lease. No remedy herein conferred upon or reserved to I,ESSOR is intended to be egclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease or now or thereafter existing at law or in equity by statute. No delay or omission to egercise any such right or power accruing upon any default shall impair anq such right or power or shall be conatrued to be a waiver thereof, but any such ri�ht and power may be ezercised from time to time and as often as may be deemed espedient . In order to entitle the LESSOR to ezercise any remedy reserved to it in this Provision, it ahall not be necessary to give any notice , other than such notice as may be herein egpressly required. (26 ) Alterationa . The LESSEE will not make any alteratione to the premisea without the written consent of the LESSOR, such consent not to be unreasonably withheld. If the LESSEE desires to make any such alterations , an accurate description shall first be submitted to and approved by the LESSOR and such alterations shall be done by the LESSE�; at its own expense. All such work shall be performed under the LESSOR ' S supervision and any improvements made to the Leased Premises at the LESSEE ' S expense shall become the property of the LESSOR at the end of the Lease period. LESSEE agrees that all alterations will be done in a workmanlike manner and in conformance With applicable building codes , that the structural integrity and building systems of the building will not be impaired , and that no liens will attach to the premises by reason thereof. (27) Insurance Premiuma Plotwithstanding Paragraph (8) the insurance for the property subparagraph (c) shall be transferred by the Division of Real Estate, Department of Finance and Management Services from the Department of Fire and Safety to the Water Utility. (28) Ameaded. Anything herein contained to the contrary notWithstanding, this Lease may be terminated , and the provisiona of this Lease may be, in writing, amended by mutual consent of the parties herein. 10 . � . . . � yo-��r� IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year in thia Lease first above-written. Mayor City Clerk Director of �inance and ���.e, I�anagement Services �-y-°�° Department Director City Attorney Form Approval LESSEE Its Its Its 11 � , + � � . - -� . , � G�90�i� r�„- � � ����,�a'�� ��LL� � r.dl ��G� � . , _ ����s � i " " - - i I _ ---__-�_^ - -- •=-�.�.r— — , �F � --;'_ - .� .� � -;:.,.. ..,. <.�.. .. — _^:� _ '�;;�: l / . 6 ' �� :;::;� ��l� , � � •.y �;�;r ( - --��- — -- ---I '_ ^.T.:_ -.._..—_ -- �. ;\' � �r,: :�tr. :� vr � :i :?79rF��,y�"°"r. 7rr.s' 7�!;.fr. 4:C;x...a. : 1 7 • .i�. �. f� � q - � � i . � .4/9ir:• a \. _'__ J - — _- � _r Y 4 . • ,� �, i: ;:� ; ^ e �. � tr----------- ---t] �: - _ � �� � --_,�.; . , - i � I- ". \ � ,�. G i t? I �� � � S:�• - � e• � �� y,� . 1 1 ' i.J t� - � , ;� I � � � .� � � �� :� � ` i ----� -��---� i � , �--- , + S . •',^�� � '; � L�; i; ' �Y I I I � '\�� �� �,{ �=�j �i � I I�� � � � ..7- � � J I ���i. i� i I (.��� • i � I • i � Y �., ` �.) ' `�� ��il �, g. _ � g� �-- o � . . _.../ � �� :-�, ,�M '� �� '� � � \ �` ----- -----� +-� �;' j: ' �- ;d�,, � nt-. --- � �� --� �° � 1 X ��j 4'�._._ _ � � 1: .; � , ; ' � ; p -���_ ; �= -r . 1 _1 �� '— •tli' �i � �J �� O I � \. � � 7 � �' � ;: ;4 � � � � I �= i, ' � .I-- •'� E � ,°1 I� � r-- �--..,.j� .;- \ , � —.sE, . - ' - PZ l��; ���; ' � •.< I. ..i. __ y(` --- n--------�----� ' I �� �'� -.'F1.: t�i� ' ( ��': . .� :�. �s. � - - a' ; Ej �� �i, °o� i --- � P% : :. _ ,_ I �I .�; . _�__ _ - _ _ -_ � ,; .--� , •� - - _ �.. , � f �; - - � � { ' ,F- � i ' - ° ' : - -` .. ___.. i----�— � ` i . - •_ � : - � __ � '� -- � - �------ �N , ' :� _....::;;. q = - - _ � �•,=-�� � � � -.� � - ---.__. ---_ � � --- I� ------ �'t. �, - ' � �- '�`- °< < . . .. ` ,:�� � t !. _.._... � fl r '= 1 i a d r� - . - ,( ,, = . , __-_.. ----- . it . . . .... j � • .� Z. ' . . _.. ��. _ 1� ' "___"'.. �/'i :fv;���-�:^ !'+'/ - . . ,.. �,f �;� :l-,i�---.�.��---�---- —-- :, .,. >��:"�- j " q'�� EXHIBIT ��A,� �,-;:::�i ; !-- � PAGE 1 . I f e= 1 � +' � �y __ --�.'�' . . -. t 6 J ' � - - _.�.___. . . � ._ � � . � �, ', . ..� • � N n. i � � N � i � � \� �"• � � � "� � -�--tCY— — N � � ^ � � N �J ' I �v �y N I Q � ; = \, � N v = � s `. I� N ` � N i� �a h � �.M � N � ' -e�— �� N �� � y � � � CK° N � � � N N �° � v Q� N � � � �—,` N i i r, � • �� � N � � �, � N ti.. N � � � � � o : �` — � � : � � � — N � N v ` — cV �- — -. w N N Of o^ ,a N � +�' � t = � — `.^ �- `. ,.� � � n , � a � f7 C� M C� — =�- _ �M ` � � _ � ` v � D � � � -� �� ►_ 3 � r ' .,N � o � � :� �D �.� Q°, �N � � Q� I — - r . 6, � E�•gs. ,7 srs � � �. 8.� :cs n ��r�►�d7,� � , �u,r „ ,, ,, z7, � ` os ot E!'a�� f � 6/ � � ' .� O t�= i � � � 0 � ♦ O x ��' � � � �� � � � `. �' ' �' �' � � � .� � o J '� � � 1 � _ � N� ° � ��. ° � N N � � � � N cU _ � „ ' � � �. � �t d� .. � � i � N � � �,: � + c*� � ` `�e , � .. �K N � or Nor �• \ I N � `Q h d' N ° � � � � N "o � � «� � i � , C� � � � ^ � � � . N �; i �� � N N �- � , � c � � � � � h co N v � � co N N � �- `' � -. d� N r N � � ,�e � N , N v I � � M a'� M r u ap N I '�� � w N '�° N � �� i � -. I � N ' N � `^ � N � � i z rn N N � � � N 1 ' 0 N � �t Q N �, ' � °�' � N N � "�', = N � � •°-- _ �" �Q—— a �_ � � • � � � � N � � i EXHIBIT "A" — �: � I PAGE 2 � _ v �� � ap � ' � a0 n \ ; � �n - I N � —� v i� � 'y � ' � \ � 1 i tn ' �° � ?� � � � � � Ic : =' I I