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.
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(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
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(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
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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
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( 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.
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( 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
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( 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
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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
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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
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