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90-915 Please return copy to: � D ( �� A'�� , � Council File � �(� '9/J'r Rea� Estate Division R ! IV r� 218 City Hall Green Sheet ,� �d� (DN) (InterstateBonding) RESOLUTION CITY F SAINT PAUL, MINNESOTA Presented By ` , ` � Referred To ` Committee: Date WHEREAS , since 1982 , Interstate Bonding has leased, through Lease Agreement FMS/3, 50�J square feet of office space on the second floor of the City Hall Annex; and WHEREAS, said Lease Agreement FMS/3 expired on February 28 , 1987 , while the lease continued on a month-to-month basis with the same terms and conditions and at the same rental rate negotiated in 1982 ; and WHEREAS , the market value of the leased premises has continued to escalate during the eight years this lease has been in effect; NOW THEREFORE BE IT RESOLVED, that the proper City officials are hereby authorized and directed to execute a new lease agreement with Interstate Bonding reflecting the current market value of the leased premises. I I Yeas Navs Absent Requested by Department of: imon �_ °�' � Finance & Mana�ement Services o r,� aune ee �� ��:X.l.' � ���-"'� --- e an �_ i son -� BY� � � Director � ,. � � >-��,7�� `\� Adopted by Council: Date MAY 3 1 1990 Form Ap ved by City Attorney y�� ,� � Adoption Certified by Council Secretary gy� �r �' l�a-jU' BY� Approved by Mayor for Submission to Approved by ayor: D�te JUN �. ���Q Council �� / f / ��� / ' B .�„l:Y��.[�k��/ BY' Y� ���54�� !UN - 91990 . , ��y° ��� CITY OF SAINT PAUL REAL PROPERTY LEASE AGREEMENT ctn oi Revised 3/5/90 ��� � � 's Authority (C.F. or A.,O. ) + "t o LEASE NO. • � � i�s• , FINANCE DEPT. LEASE N�. FMS/3 DATE: � Ma�ch 1, 1990 Y- -��=-� � CITY OF SAINT PAUL LESSOR: Y - �7�� �RBAL BSTATS CITX.'=� �SAINT B�OL �gp�� AGREffi�ENT ,. �-�: � DEPARTMENT OF FINANCE & d9ANAGEMENT S�,ICES LESSEE: .::<;, Inter�tate B y n ,��" 15 West Fourth�i Street " �� v�� Saint Paul, MN 55102 (1) Leased Premises. The LESSOR, in cons:ideration of �yment of the Basic Rent and Additional Rent hereinaf��r specif' to be'�aid by the LESSEE, and the covenants and agreements hexein Co�ined, do�s hereby lease, demise and let unto LESSEE the following xpremises, hereinafter referred to as the "Leased Premises": Approximately five hundred (SH0) square feet of of�ice space, as shown in Exhibit "A", attached hereto and made a p�rt hereof, located on the first floor of the City Hall Annex at 15 West Fourth Street in Saint Paul, Minnesota. (2) Term 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 March 1, 1998 � �February 28, 1992 1 . ��o-y�s (3) Use of Premises. The premises shall be used and occupied by LESSEE for the following purpose: Operation of the LESSEE's business as bail bondsmen and for no other purpose without the prior written consent of LESSOR. (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 Each Year (Commencing Date - Monthly/Annually - $ per Period) $6 ,080.00 March 1, 1990 Monthly $5�0.0A $6 ,5B0.fdH March l, 1991 Monthly $541.67 LESSEE shall make all payments of Basic Rent and Additional Rent to LESSOR at the following address: 218 City Hall The applicable account number for City Finance Accounting Code is: 168-11050-68B1-0BH (5) Additional Rent. Costs which the LESSEE shall pay as addi- tional rent shall include but not be limited to the expense of con- struction or demolition of private office walls, HVAC modifications, electrical modifications, lighting modifications, painting, doors and hardware due to installation of fixed partitions or major office reconfigurations or other special leasehold improvements or services. (6) Taxes. LESSEE shall be responsible for and pay all taxes and assessments against the Leased Premises, except that LESSEE may at its own expense contest and challenge the imposition or amount of any such tax 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 taxes pending appeal, to place in escrow a sum sufficient to pay said taxes, or take other action which will remove said contested taxes as an encumbrance to title or as an exception to the transferability of marketable title to the Leased Premises. . (7) Right of Entry• At all times during the term of this lease, the LESSOR shall have the right, by itself, its agents and employees, to enter into and upon the Leased Premises during reasonable business hours for the purpose of examining and inspecting the same. 2 � .� � �9o-�is (8) LESSEE'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 ' COMPENSATION INSURANCE with coverage not less than the statutory limits and EMPLOYERS' LIABILITY INSURANCE with limits of not less than: $1B6,gBB PER ACCIDENT (b) COMPREHENSIVE GENERAL LIABILITY insuzance including blanket contractual liability coverage and personal liability coverage with a combined single limit of not less than: $600,A00 PER OCCURRENCE such insurance shall : (1) name the City of Saint Paul, its elected and appointed officers, employees and agents as additional insureds; (2) be primary with respect to LESSOR' S insurance or self-insurance program; (3) contain a standard cross liability endorsement; (4) not exclude explosion, collapse and underground property damage; and (5) be written on an "Occurrence" Form policy basis. (c) PROPERTY INSURANCE. LESSEE shall be responsible for insur- ance or self insurance of its own property. (d) The policies required in Paragraphs 8 (a) and (b) shall name LESSOR as an insured, and shall be endorsed to indicate that the insurer cannot cancel or change the insurance without first giving the LESSOR 30 days ' prior written notice. The 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 Minnesota and approved by LESSOR, and copies of the policies shall be delivered to LESSOR 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 LESSEE for the cost of coverage as Additional Rent. (f) If for any reason any of the insurance hereunder is void, the LESSEE is responsible to the LESSOR for the total amount of its uninsured loss. 3 � , �- yo_y�s (9) Cancellation or ?eraination. 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 ninety (90) days , (thirty ( 30) days f or leases with a term of one ( 1 ) year or less or any month-to-month tenancies ) 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 . (10) Notice. All notices herein provided to be given , or which may be given by either party to the other , shall be deemed to have been fully given when served personally on LESSOR or LESSEE, or when made in writing and deposited in the United States Mail, certified and postage prepaid, and addressed to the LESSEE at the address stated on page ( 1 ) and to the LESSOR at the Division of Valuations , Real Estate Section , 218 City Hall , Saint Paul , Minnesota 55102. 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 service . ( 11 ) Assignnent and Subletting. LESSEE shall not assign or sublet this Lease without the written consent of the LESSOR, which consent must be obtained prior to the execution of any agreement to sublease the Leased Premises . (12) LESSOg's I�iaintenance and Bepair Besponsibilities LESSOR agrees to furnish such heat , electricity , water , sewer air conditioning and elevator services to the Leased Premises as are reasonably necessary for the comfortable use and occupation of the Leased Premises during all normal business hours . LESSOR shall keep the building in which the Leased Premises are situated in good order and the exterior of said building free from all refuse, shall keep the sidewalks free from snow, ice and all obstructions , and shall promptly and reasonably remove all garbage and refuse of any kind from the premises during the term of this lease. LESSOR shall furnish elevator service and other access to the Leased Premises during normal business hours , 6 : 30 A.M. to 5 : 30 P.M. Monday through Friday. LESSOR shall acquire and maintain property insurance coverage for the Leased Pre- mises and contents therein. LESSOR shall aaintain , repair, or replace all structural menbers , walls , footings , roofs , floors , doorwaps , nechanical systems , electrical systems , heating, ventilating and air conditioning systems , elevators , utility metering equipment , wall surfaces , floor coverings , ceilings , light bulbs and lighting fixtures on the Leased Premises . All maintenance , repairs , and replacements shall be made promptly and in good and workmanlike manner so that defective parts of the Leased Premises are put to good, workable and sanitary conditions . It is expressly understood and agreed by LESSEE that no failure to furnish any or all of such services , regardless of the cause of such failure , shall be construed as an eviction or work an abatement of the rent or in anywise render LESSOR liable for damages to person or 4 . � yo-yi5 property, whether suffered by LESSSE or any other person , by reason of any such failure or release LESSBE from the prompt fulfillment of any of its covenants under this Lease. (13) Paysents in Case of Defanit. LESSEE shall pay LESSOR all costs and expenses , 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 possession of said property, whether such action progresses to � udgment or not . (14) Surrender of Preaises. The LESSEE , at the expiration of said term, or any sooner termination of this lease , shall quit peacefully and surrender possession of safd property and its appurtenances to LESSOR in as good order and condition as the property was delivered to the LESSEE . (15) Indennity. 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 use or condition of the premises or as a result of the operations or business activities taking place on the premises . It is fully understood and agreed that LESSEE is aware of the conditions of the Leased Premises and ' leases the same "as is . " ( 16) Holdover. Any holdover after the expiration 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 Conta�inants. 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 disposal 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 from all liability, including without limitation , fines , forfeitures , and penalties arising in connection with the failure by LESSEE to comply with such ordinances , laws , 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. S �r�-��s (18) Controlling Lease. In the event there is any prior existing lease or rental agreement between LESSEE and LESSOR (or its predecessor 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 such 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 excess of the insurance proceeds, if any, to the LESSEE as Additional Rent; or (c) may direct that LESSEE promptly restore the Leased Premises to substantially the condition existing immediately prior to such damage or destruction, and for that purpose, if such damage or destruction was caused by perils insured 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, LESSEE 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 cost. 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. (2f�) Events of Default. Any of the following events occurring during the term of this Lease shall constitute an event of default by the LESSEE: (a) the filing of a petition to have LESSEE adjudicated bankrupt or a petition for reorganization or arrangement under any laws 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 (9A) 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) LESSEE makes any assignment for the benefit of creditors; 6 � � � ��1�--y/.s (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 failure by LESSEE or its surety to discharge, satisfy ar release any lien or lien statement filed or recorded against the Leased Premises within sixty days after the date of such filing or recording , whichever date is earlier. It is an express 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 shall not be treated as an asset of LESSEE's estate. It is further expressly understood and agreed that LESSOR shall be entitled upon such reentry, notwithstanding any other provision of this Lease, to exercise such rights and remedies as are provided in Default Remedies Section of this Lease. (21) Compliance with Laws. The property described herein may be used for only the purposes stated herein. It is the sole and exclusive responsibility 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. The 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, sex, color creed, religion, age, disability, marital status, status with respect to public assistance or national origin or ancestry shall be excluded 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; 7 � ��a�9/.� (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 accommodations (such as eating, sleeping, rest and recreation) constructed or operated on the Leased Premises; and (4) that the LESSEE shall use the premises in compliance with all other requirements imposed pursuant to the Saint Paul Legislative Code Chapter 183. (23) Liens. The LESSEE shall not permit mechanic ' s liens or other liens to be filed or established 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 intention to do so and shall c7eposit in escrow with 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 such event may permit the items contested to remain undischarged and unsatisfied during 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 LESSEE to use the escrow account to promptly pay all such unpaid items and if LESSEE fails to pay from the escrow account, the LESSOR may pay and charge the LESSEE 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 restore the Leased Premises and proceed under the terms and provisions of this Lease, LESSEE may terminate this Lease by 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 extent otherwise permitted in the eminent domain proceeding, remove its own trade fixtures at its own expense. (25) Default Remedies. In the event an Event of Default occurs under paragraph (20) of this Lease, LESSOR may exercise 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; 8 � � � �0-��5 (b) terminate this lease, exclude LESSEE from possession 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) exclude LESSEE from possession of the Premises, with or without terminating this Lease and operate the Premises itself; (d) terminate the Lease, exclude 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 law,) such sale to be on such terms and conditions as the LESSOR, in its sole discretion, shall determine and apply the proceeds of such sale less any expenses thereof for the account of the LESSEE. (e) exercise any remedies available to it under the Minnesota 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 LESSEE under this Lease. (g) in exercising any of its remedies set forth in this Section, the LESSOR rnay, 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 responsible under this Lease. No remedy herein conferred upon or reserved to LESSOR is intended to be exclusive 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 exercise any such right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the LESSOR to exercise any remedy reserved to it in this Provision, it shall not be necessary to give any notice, other than such notice as may be herein expressly required. (26) Alterations. The LESSEE will not rnake any alterations to the premises 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 LESSEE 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 4 . �yo- ��s 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) Signage. LESSEE shall not construct or install or cause to be constructed or installed any sign or signs upon the Premises for the purpose of promoting its business or soliciting new business without the prior consent and approval of the LESSOR. Al1 costs associated with the construction or installation of such signs, as well as the removal of such signs at the cancellation or termination of this lease agreement, shall be borne solely by the LESSEE. (28) Amended. Anything herein contained to the contrary notwithstanding, this Lease may be terminated, and the provisions of this Lease may be, in writing, amended by mutual consent of the parties herein. , � ��o ���� IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year in this Lease first above-written. Mayor City Clerk Director of Finance and Management Services City Attorney (Form Approval) LESSEE I ts _ Its Its 11 .� . . . � . . . . j� .. , '�r . , � � � . • � ! ', ��C�0 �j�• �I �`�' '� • . 1K------ "' � ! � l.�Gt�:�7. _ � . . ' v;��T - _ ; � . z - : . . �� r + .�vit�N_wAw_ � ' '~` — � — • � . . ► ' �� = � � * a : . • e • • � � • i , * � �� � � �► � .. �.e=�. (`��t�/����,( j � . . .. iX�S! i P�`�• • . � . 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