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90-1877 0 R i G I f�� re�t rn copy to: � ��ouncil File # q��1��7 ty x ii , ' � 'Real Estat D' ision �� Green Sheet ,� � (EC) (wate' ) RESOLUTION CITY OF SAINT PAUL, MINNESOTA Pr ented By , Referred To � � i � �.s �. � Comntittee: Date ll] ,5� O �v WHEREAS , 'it has been brought to the attention of the Real Estate Divisid t at DBA Converter Tech . Co . , which conducts its business at 141 Water Street , Saint Paul , Minnesota 55107 on property le sed from Jean F. and Thomas A. Krawczewski , had constructied a porch on City--owned property abutting the leased premise�; an WHEREAS , 'Be ny Hill (the owner of DBA Converter Tech. Co. ) , the Krawczew kis and a representative of the Department of Community Services ha e agreed to the terms of a three--party lease , by which a ive foot wide strip of City-owned land' will be leased to the Krawcze kis who will then sublet the parcel to DBA Converter Tech. Co. fo the sole purpose of pedestrian access; and WHEREAS , the Real Estate Division, through comparison with similar propertie's, has determined the fair market value of the property; and has qalculated the rent accordingly; NOW THERF�FO E BE IT RESOLVED, that the proper City officials are hereby at�th rized and directed to execute Lease Agreement CS/7P1. Navs Absent Requested by Dspartment of: ��- ` on Finance & Mana ement Services cca ee e a � uso - By: Director � ��.�4' Adopted by Counci : ate NOV 1 5 1990 Form Approved by City Attorney � '� Adoption rtif' b Council Secretary BY, � f /, r. � - 3-�v BY� 'Approved by Mayor for Submission to Approved�y, Maya�r ate NOY � � 1990 Council ' r �� B `�,' �� By: Y� Ql�"�c►i� N V � 41990 � C ��Q��0� ` DEPARTMfcNTtOFFICD'CQ!�.1NCIL DATE INITIATED *TQ ^♦ O�Q A Finance & Mana em n S ices 10-02-90 GREEN SHE T 1� J• V`t INITIAL/DAT INITIAUDATE CONTACT PERSON 8 PHONE �DEPARTMENT DIRECTOR �CITV COUNCII ASSIGN CITY ATTORNEY CITY CLERK Dave Nelson 98 5317 NUMBER FOR �BUDOET DIRECTOR �FIN.8 MGT.3ERVICES DIR. MUST BE ON COUNCIL AOENDA BY( A ) ROUTING ORDER �MAYOR(OR ASSISTANn � TOTAL#OF SIGNATURE P ES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: To approve Lease ee ent CS/70, a three year, three party leas of 400 square feet of vacant land to Je F. and Thomas A. Krawczewski to be sub-let t DBA Converter Tech. Co. for the pupose of ede trian access. Ref: 1. Council Resolution for consideration; 2. Sam le co of eas A reement CS 70. RECOMMENDATIONS:Approve(A)or ct(R) pERSONAL SERVICE CONTRACTS MUST ANS ER THE FOLLOWING GUESTIONS: _PLANNINQ COMMISSION CIVIL ERVICE COMMISSION 1. Has this person/firm ever worked unde�a contr for thls department? YES NO _CIB COMMITTEE 2. Has this person/firm ever been a city employee _S7AFF YES NO _ DIS7RIC7 COUR7 3. Does this person/firm possess a skill not norma y possessed by any current city employee? SUPPORTS WHICH COUNCIL OBJEC I ? YES NO Explaln all yes answera on separete aheet and ttach to gnsn shest INITIATINO PR�LEM,ISSUE,OPP R UNITY Who,What,When,Where,Why): Department of Pub c W rks discovered that DBA Converter Tech. C' . . had constructed a porch on City-own pr perty. REC�cIVED 0�� 1990 OFFtC; UF �i hE Uit�Ec T OR ADVANTAQE3IFAPPROVED: -' ANCE /'.+VG i;r�3��,ri�s!I�r�'T 5E!�11fCES DBA Converter Tec wi 1 have pedestrian access to their place o business; and the City will receive rent of 300.00 over the three year term of the 1 ' se. DISADVANTAOES IFAPPROVED: N�?' �G��E i�i i E:�.e.,.:��.;E i t.c,iliE;r :4 �� 3 � i��a'0 DISADVANTAGES IF NOTAPPROVE : DBA Converter T . ill have to demolish porch and will not h ve pedestrian access to their front door Ci y wi11 not receive rent income. TOTAL AMOUNT OF TRANS tON 3OO.OO COST/REVENUE BUDGETE (CIRCLE ONE) YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION:(EXP IN NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL � MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO. 298-4225). ROUTING ORDER: Below are correct routings for the five most frequent rypes of documents: CONTRACTS(assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept.Grants) 1. Outside Agency 1. Department Director 2. Department Director 2. City Attorney 3. City Attorney 3. Budget Director 4. Mayor(for contracts over$15,000) 4. Mayor/Assistant 5. Human Rights(for co�tracts over$50,000) 5. City Council 6. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services 7. Finance Accounting ADMINISTRATIVE ORDERS(Budget Revision) COUNCiL RESOLUTION(all others, and Ordinances) 1. Activity Manager 1. Department Director 2. Department Accountant 2. Ciry Attorney 3. Department Director 3. Mayor Assistant 4. Budget Director 4. Ciry Council 5. City Clerk 6. Chief Accountant, Finance and Management Services ADMINISTRATIVE ORDERS(all others) 1. Department Director 2. City Attorney 3. Finance and Management Servlces Director 4. Ciry Clerk TOTAL NUMBER OF SIGNATURE PAGES Indicate the#of pages on which signatures are required and paperclip or flag each of thsse pages. ACTION RE�UESTED Describe what the projecUrequest seeks to accomplish in either chronolagi- cal order or order of importance,whichever is most appropriate for the issue. Do not write complete sentences. Begin each item in your list with a verb. RECOMMENDATIONS Complete if the issue in question has been presented before any body,pubiic or private. SUPPORTS WHICH COUNCIL OBJECTIVE? Indicate which Council objective(s)your projecVrequest supports by listing the key word(s) (HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT, BUDGET, SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.) PERSONAL SERVICE CONTRACTS: This information will be used to determine the city's liability for workers compensation claims,taxes and proper civil service hiring rules. INITIATING PROBLEM, ISSUE, OPPORTUNITY Explain the situation or conditions that created a need for your project or request ADVANTAGES IF APPROVED Indicate whether this is simply an annual budget procedure required by law/ charter or whether there are specific ways in which the City of Saint Paul and its citizens will benefit from this project/action. DISADVANTAGES IF APPROVED What negative effects or major changes to existing or past processes might this projecUrequest produce if it is passed (e.g.>traffic delays, noise, tax increases or assessments)?To Whom?When? For how long? DISADVANTAGES IF NOT APPROVED What will be the negative consequences if the promised action is not approved? Inabiliry to deliver service?Continued high traffic, noise, accident rate?Loss of revenue? FINANCIAL IMPACT Although you must tailor the information you provide here to the issue you are addressing, in general you must answer two questions: How much is it going to cost?Who is going to pay? - — ` �,,.T,, CITY OF SAINT PAUL ' N►embers: �� ,�.�• ; OFFICE OF THE CTTY COUNCIL Roger J.Goswitz,chair o � � David Thune,vice chair ` „i��'�i�� , Tom Dimond „ �o Bob Long P , Date:November 7,1990 ,... i Committee Report To: '� ain Paul City Councii From: ub ic Works, Utilities, and Transportatior�', Committee og r J. Goswitz, Chair I Hearinq Date A�pr val of Minutes of October 31, 1990. APPROVED 3-0 1 . 11/13/90 VIACA ION: Petition of State of Minnesota for APPROVED 3-0 t�e acation of part of Constitution Avenue bietw en Cedar Street and Robert Street. Purpose is t improve aesthetics of the Capitol grounds ap�d improve pedestrian traffic. 2. 11/13/90 V CA ION: Petition of State of Minnesota for APPROVED 3-0 't e acation of part of Wabasha Street and 'C lu bus Avenue between Cedar and 12th Street. ',Purp se is to proceed with the Capitol Mall 'Land caping Project. 3. 11/20/90 'FINA ORDER: Improve the following streets wi�h LAID OVER a bi uminous roadway, concrete curb and gutter , 4 WEEKS c nc ete driveway aprons and outwalks, bouleval�d - est ration and a lantern style street lighting � s st m for Walnut Street from Exchange Street to S ith Avenue and Chestnut Street from Smith Alven e to Thompson Street. All to be known as t�!he eventh/Kellogg Area Street Paving and L,igh ing Project. 4. 11/20/90 FINA ORDER: Constructing the Seventh/Kellogg APPROVED 3-0 �rea Storm Sewer Project. Area bounded by hep rd Road, St. Peter St. , Summit Avenue nd mith Avenue. Also construction of ani ary, storm and water service connections, � if r quested by property owners. 5. 11/13/90 , INA ORDER: Improving the following streets APPROVED 4-0 I ith a bituminous roadway, concrete curb and �� utt rs, concrete driveway aprons and outwalks, ' oul vard restoration and a lantern style street ligh ing system for parts of Villard, Hampshirie, ago fin, Itasca, Elsie, Field, Norfolk, Colby, inn Bowdoin, All of Villard Court, Return Court, urr y, Kenneth and Prior. All to be known as he leveland/Magoffin Area Street Paving and igh ing Project. � � �iU -l��'� 6�. � 10/30�/90 FINAL ORDER: For constructing the Cleveland/ APPROVED 4-0 �'� Magoffin Area Storm Sewer Project. Bounded by Soo Line RR Right-of-way on the north, on the south and west by the Mississippi River, and on the east by the west line of the Soo Line RR Right-of-way to Thure Avenue, by Cleveland Avenue from Thure to the center line of the Soo Line RR by Prior Avenue from Return Court to the Mississippi River. Also, installation of sanitary, storm and water service connections if requested by property owners. 7. 11/30/90 FINAL ORDER: For acquiring a permanent utility APPROVED 4-0 easement for the Cleveland/Magoffin Area Storm � Sewer Project over, under and across part of Lot 1, Block 1, Auditor's Subdivision #87. 8. 11/30/90 FINAL ORDER: For acquiring a permanent utility APPROVED 4-0 easement for the Cleveland/Magoffin Area Storm Sewer Project over, under and across part of Lot 1, Block 4, Bisanz Riverwood Terrace. 9. 11/13/90 RATIFICATION OF ASSESSMENTS: For Wabasha/5th/6th APPROVED 3-0 Streetscape Project. 10. 11/13/90 RESOLUTION - 1566 - Increasing the Sewer APPROVED 4-0 Availability Charge (SAC) from �600.00 to $650.00 by the MWCC. � 11 . REPORT: Conveyance of Sewers back to the City LAID OVER from the MWCC. 4 WEEKS 12. RESOLUTION - 90-1877 - Approving Lease APPROUED 4-0 Agreement, a 3 year, 3 party lease of 400 square feet of vacant land to Jean F. & �.- Thomas A. Krawczewski to be sub-let to DBA ��' Converter Tech. Co. , for the purpose of�__...-��-----_--. edestrian access. _�% 13. Discussion on Volume-Based Pricing: Mandatory APPROVED AS collection; not organized trash collection. AMENDED 4-0 14. Other Business: RESOLUTION - 90-1929 - An Ordinance amending APPROVED AS � Chapter 85 of the Saint Paul Legislative Code AMENDED 4-0 _ pertaining to the regulation of Water Rates in the City of Saint Paul . (Referred to Committee 11 1 90 �� DEPARTMENTfBFFIBE�661UNCIL DATE INITIATED , ,N� „ 1 O 1 H 2 Finance & Mana e n Ser ��es �0-02-90 GREEN SHEET � INITIAUDATE INITIAUDATE CONTACT PERSON 8 PHONE �DEPARTMENT DIRECTOR �CITY COUNCIL ASSIGN CITY ATTORNEY ' �CITY CLERK Dave Nelson 8-5 17 � NUMBER FOR ❑BUDGET DIRECTOR �FIN.&MOT.SERVICES DIR. MUST BE ON COUNCIL AGENDA BY(D ) ROUTING IORDER �MAYOR(OR ASSISTANT) � TOTAL#OF SIGNATURE PAQE 1 (CLIP ALL LOCATIONS FOR SIGNATURE) (\� ACTION REQUESTEDy �� approv ease Ag� eme t CS/70, a three year, three party lease i�f 400 square feet of � vacant lan�to Jean� . a d Thomas A. Krawczewski to be sub-let to �BA Converter Tech. Co. for the pupose of p� est ian access. Ref: l. ounci Re u� for consideration; 2. Sam le co of Le se reement CS 70. RECOMMENDATIONS:Approve(A)or Rejict(R) pERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING DUESTIONS: _PLANNINCi COMMISSION _C�IVtL SE VICE COMMISSION 1• Has this person/firm ever worked under a contract for this department? ` _CIB COMMITTEE _ YES NO , 2. Has this person/firm ever been a city employee? ' _STAFF — YES NO _ oISTRICT COURT — 3. Does this perso�lfirm possess a skiil not normally possessed by any current city employee? SUPPORTS WHICH COUNCIL OB.IECTIVE7 il YES NO � Expiain all yes answero on separate sheet and attach to green aheet I INITIATING PROBLEM,ISSUE,OPPORTU ITY(W ,What,When,Where,Why): i Department of Public Wor s discovered that DBA Converter Tech. Co: . had constructed a porch on City-owned rop rty. ��C��VEp . f��%v`� � ��`�'` .. � . . '��,, o�r �� 990 _ . '. � Of'FtL�: (�F 'ihE: GtRECTOR _ - _. . ADVANTAGES IFAPPROVED: ,�' � . ��` r• �. I��ANCE , �!G h�;x��..'s=�?1E�!? SE!��l1C�S _ DBA Converter Tech. �"'il have pedestrian access to their place of business; and_the City will receive rents olE $ 00.00 over the three year term of the lease. : _ ` � , i . i = - - _. _ . �� _ . � .. . . �i _ . �:� - . : ,.,. _ :` - - . _ : . , DISADVANTAGES IF APPROVED: _ I N/A . ' , COU[I�ii �'ii �;:zi C�t �BTii��,, . � ..:.-; _: , :,. : _ . ._ . . �i�� . 51�90 , . . . . . _ _. . . DISADVANTAGES IF NOT APPROVED: ' .. ,._ ``. DBA: Converter Tech. wi 1 have to demolish porch'and will not have pedestrian access to r.. . . their front door. ity will not receive rent income. � _ TOTAL AMOUNT OF TRANSACTIO s 3 O.OO COST/REVENUE BUDGETED(CIRCLE ONE) YES ' NO . . . . .e:. , . �. . FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION:(EXPLAIN) � " I� p-/�77 I �� Revised 5/8/'�,9 ' CITY OF SAINT PAUL EAL PROPERTY LEASE AGRBEMENT ` G 1 T 0� � �� 7� / O • d Authority (C.IE. r A.O. ) ,, i��ittt , ,��, 1111 1! LEASE N0. �� '�"° vs '`Q ,,.:fr t�s• FINANCE DEPT.'�, LE SE �70�. `�� CS�76 DATE: ��. �a 1, 1990 CITy OF SAINT PAUL ;,� LESSOR: t RBAL ESTATB �� : ��" '# CITY OF SAINT PAUL ' , LSASE AGR�EMENT <G��. � � ' i ,�'NT OF��j.NITY SERVICE r. L E S S E E: I, �'�`�''�� ``�i. '�� ' �" '�� .�r�, Jean F. Tho as A. Kraw wski Trustees ti �,� :.:.��. 4 er reet ,: ,�,,,.,�,::� Saint Paul ��MI'�"�� 55 �� ,.:. SUBLESSEE: " .��„�-` �. :�� ,� .. Ben Hill - DBA Conve=ter Tech. Co. ��' � 141 Water Street ��'� �� . Saint Paul, MN 55187 �a�f+ �;> �� ; (1) Le ed Premises. The LESSOR, in considera�tion Q�,^, e payment of the Basi Rent and Additional Rent hereinafter specifie��,,be paid by the LESS , nd the covenants and agreements herein contairi�d, does hereby leas� , demise and let unto LESSEE the premises hereinafter referred to ! s he "Leased Premises, " whose address is I! 41 Water Street - Saint Paul, MN 551�7 , consisting f strip of land approximately five feet wide and eighty feet long, �l to ether with any buildings, fixtures in such buildings, improvement� or structures , if any, located thereon; See ExhibiC " ", plan or map of leased area which is incorporated herein by th ' s eference. i � � '' ��-��17 (2) Ter o Lease. This lease shall be in effect for a term commencing � d nding on the dates specified below;' unless terminated earlier by t e ESSOR as provided herein. Term (Month��'Ye rs) Commencing Date Ending Date 3 ear May 1, 1990 ' April 3B, 1993 (3) Us� of Premises. The premises shall be occupied and used by LESSEE for � e ollowing purpose: LESSEE shal, s blet Leased Premises to SUBLESSEE for the ur ose of edes� ia access to buildin � located� at 141 �Water Street and for nol�ther purpose without the prior written consent of LESSOR. (4) Ba ic ent. LESSEE shall pay rent in advance, on the first day of thd ter of the lease and on the first day of each payment period there fte as indicated in the Payment Schedule below: Total Basic ent Payment Schedule During Lease Ter (Monthly/Annually - Commencing Date - $ per Period) $3Bfd.0{� Annually May 1, 1998 $1QB.0A LESSEE shal'1 m ke all payments of Basic Rent and Additional Rent to LESSOR at the' fo lowing address: � ' C'ty of Saint Paul D partment of Community Service � D'vision of Parks & Recreation ' 3 0 City Hall Annea 2 West Fourth Street S int Paul, MN 55182 � ' (5) Addi io al Rent. The LESSEE shall pay all Additional Rent. Additional R�e t eans all amounts, other than Basi� Rent provided for in paragrap� 4 above, which LESSEE shall be obligated to pay under this paragra o other � provisions of this Lease, which includes, but is not limit� t , the following fees, costs and expenses: (a) all utilities, i cl ding water , electric, gas, telephone, sewage and gar- bage collect;i n nd disposal; (b) costs for the repairs, improvements or alteratio s required to be made by the LESSEE in paragraph 12 of this Lease; (c) all taxes on realty or personalty, general or spec- ial; and (dp al public rates, dues , charges and assessments, general or special, of any kind upon the Leased Premises; and (e) property insurance pre iu and/or uninsured losses as set fo�th in paragraphs 8 (c) and (d) f his Lease. In the event that LESSEE does not make such payment or any payments required to be paid as Additional Rent) , LESSOR ma make the payments, and the payments so paid shall be due and pay bl by the LESSEE with the payment of Basic Rent next required aft� w itten notice of same to the LESSEE �by LESSOR. I 2 � I ��'��77 ; (6) Tax s. LESSEE shall be responsible for and pay all taxes and assessments ga' nst the Leased Premises , except tha't LESSEE may at its own expense ' on est and challenge the imposition or amount of any such tax or asse��me t in accordance with law; provided, however , that in the event ei he party terminates this Lease, LESSaR may at its option require the L SSEE to pay such contested taxes pending appeal , to place in ��cr w a sum sufficient to pay said taxe�s, or take other action whi� ill remove said contested taxes as an encumbrance to title or as n xception to the transferability of marketable title to the Leased ��em' ses . (7) Ri t f Entr . At all times during the term of this lease, the LESSOR s all have the right, by itself, its agents and employees , to enter intt a d upon the Leased Premises during reasonable business hours for th p rpose of #examining and inspecting the same. (8) L8 SE 'S Insurance. LESSEE shall cause the SUBLESSEE to maintain du ing the term of this lease and upon th� Leased Premises certain insu an coverage which is described as follows: (a) WC1I�KER ' COMPENSATION INSTJRANCE with coverage not less than th ' statutory limits and EMPLOYERS ' LIABILITY INSURANCE with li� its of not less than: $1. 0,(d 0 PER ACCIDENT (b) CO PRE ENSIVE GE�IERAL LIABILITY insurance including blanket cqntra tual liability coverage and person�l liability cover- age wi h a combined single limit of not less than: $C'B ,0 0 PER OCCURRENCE su�c� i surance shall : (1) name the City mf Saint Paul , its ele t and appointed officers, employees and agents as additi nal insureds; (2) be primary with �espect to LESSOR'S in�sura ce or self-insurance program; (3) contain a standard cro s liability endorsement; (4) not exclude explosion, co,l ap e and underground property damage; and (5) be written on n 'Occurrence" Form policy basis. (c) Thje po icies required in Paragraphs 8 (a) ' and (b) shall name LEIS OR as an insured, and shall be endors�d to indicate that the i surer cannot cancel or change the insurance without fifr t iving the LESSOR 30 days ' prior written notice. The pol ' ci s shall be endorsed to indicate that the coverage sh� 1 not be invalid because of any act or omission on the par o the LESSOR. (d) The i surance shall be placed with responsible insurance com an es authorized and licensed to do business in the Sta e f Minnesota and approved by LESSOR, and copies of the po1 'ci s shall be delivered to LESSOR on the date of LES- SORhS xecution of this agreement. If such policies are not I 3 � � �' �� ..y�... �Z� (.�, d� iv red to tne LESSOR as provided, the LESSOR may at its op io terminate the Lease or place the insurance itself and bi; 1 e LESSEE for the cost of coverage as Additional Rent. (e) I� is specifically understood and agreed that all proceeds o� l t e insurance policies under Paragraph 8 (a) , and (b) , sha�ll belong to and be payable to the LESSOR, and that the LES1S0 , after application of such proceeds to the loss , may agply any remaining proceeds to a separate noninsured loss o� t e LESSEE arising out of the use or condition of the Lealse Premises. (f) I� ; f r any reason any of the insurance hereunder is void, th� L SSEE is responsible to the LESSOR for the total amount otith uninsured loss. (9) Cac� ellation or Termination. This lease �shall be sub�ect to cancellation and termination by LESSOR at any tim� during the term hereof by iving the LESSEE notice in writing at �inety (90) days, (thirty (34�) ays for leases with a term of one {IL) year or less or any month-ti -m nth tenancies) prior the date when' such termination shall becom� effective. In the event of such termination LESSOR shall return witha t interest any unearned rents paid by the LESSEE. (10) Nq ic . All notices herein provided to be given, or which may be give b either party to the other, shall be deemed to have been fully gjiv when served personally on LESSOR or LESSEE, or when made in writing and deposited in the United States Mail , certified and postage prepa�id, and addressed to the LESSEE at the address stated on page (1) an to the LESSOR at the Division of Real Estate, 218 City Hall, Saintt Paul, Minnesota 551�2. The address to which the notice shall be mailed ay be changed by written notice given by either party to the othe . Nothing herein shall preclude the giving of such ad- dress change notice by personal service. (11) A i ent and Sublettin . LESSEE and SU�LESSEE shall not assign or su let this Lease without the written con�ent of the LESSOR, which consen rnu t be obtained prior to the executibn of any agreement to sublease 'I he eased Premises. (12) M 'inte ance and Re airs. LESSEE shall, at its own cost and expense, be esp nsible for all repairs, maintenance and upkeep of the Leased Premi� es, including but not limited to emergency repairs of any kind; rout ' e aintenance and repair to keep the Leased Premises in good repai , s fe and in compliance with applicable fire, health, building an oth r life-safety codes; and all repairs and maintenance needed to ld ep the buildings or structures on the Leased Premises in good condit�ion, including (a) the exterior (including windows and doors) and i terior structure of the buildings or structures, (b) the roof or ro fs , (c) the heating, ventilating and air conditioning systems ther in, (d) all electrical, plumbing, lighting, mechanical 4 . � ' � ��"Y�/�77 systems, f� e uppression equipment i.e. fire spxinkler system; and (e) all grb nd , fences and roads within the Lea�ed Premises. The foregoing o� ig tions shall bind the LESSEE regardless of the cause of the damage p c ndition necessitating the repair or maintenance. � (13) Pa len s in Case of Default. LESSEE shall pay LESSOR all costs and ex en es, including reasonable attorney's fees in any action brought by L SS R to recover any rent due and unpaid hereunder, or for the breach or d fault of any of the covenants or aqreements contained in this Leas�, r to recover possession of said property, whether such action progr�ss s to judgment or not. (14) Su re der of Premises. The LESSEE, at the expiration of said term, or any sooner termination of this lease, shall quit peacefully an surrender possession of said 'property and its appurtenance t LESSOR in as good order and condi�ion as the property was delivere t the LESSEE. (15) I nd mnit . The LESSEE and SUBLESSEE agree to indemnify, defend , sat� a d hold harmless the City of Saint Paul and any agents , officers ah e ployees thereof from all claims, demands, actions or causes of a� io of whatsoever nature or character, arising out of or by reason o� th Lease of the herein described premises by the LESSOR to the LESS� , or the use or condition of the premises or as a result of the oper io s or business activities taking place on the premises. It is full un erstood and agreed that LESSEE and SUBLESSEE are aware of the cond io s of the Leased Premises and lease the same "as is. " (16) Ho do er. Any holdover after the expiration of the term of this Le�a e hall be allowed only after receiving the written con- sent of the ES OR. Said tenancy shall be deemed to be a tenancy only from month- o- onth. All other terms and conditions of this Lease shall be app ic ble. (17) Po ut on and Contaminants. LESSEE agree�s to comply, and to cause S LE SEE to comply, with all ordinances, laws, rules and regulations na ted by any governmental body or agency relating to the control , a te ent or emission of air and water contaminants and/or the disposa of refuse, solid wastes or liquid. wastes. LESSEE shall bear all st and expense arising from compliance with said ordin- ances, laws ru es, or regulations. LESSEE and SUBLESSEE shall indem- nify, defe , save and hold harmless LESSOR from all liability, in- cluding wit ut limitation, fines, forfeitures, and penalties arising from the il re by LESSEE or SUBLESSEE to comply with such ordi- nances, la , rules or regulations. LESSOR has the right to perform cleanup and ha ge the LESSEE as Additional Rent for such costs should the LESSEE S BLESSEE fail to comply. 5 � � , ��w�� (18) Cp tr llin Lease. In the event there is any prior existing 1� se or rental agreement between LESSEE and LESSOR (or its predecessor in interest) covering the subject property, it is agreed and undersit od that this Lease shall cancel and terminate any prior leases or re ta agreements as of the effective date of this lease. (19) E�► nt of Default. Any of the following events occurring during the t rm of this Lease shall constitute an event of default by the LESSEE: (a) t13 f' ling of a petition to have LESSEE or SUBLESSEE aa��a�- ca ed bankrupt or a petition for reorganization or arrange- me t under any laws of the United States,j relating to bank- rU� tc filed by LESSEE; (b) in t e event of the filing of a petition against LESSEE or SiD LE SEE to have LESSEE or SUBLESSEE ad'�'�Ijudicated bankrupt, th f ilure to dismiss such petition within ninety (90) days f� m he date of such filing; (c) th ssumption of the assets of LESSEE o,r SUBLESSEE or of tl� usiness conducted by LESSEE or SUBL'ESSEE on the Leased P�t mi es by any trustee or other person pursuant to any ju icial proceedings; (d) a� a signment made by LESSEE or SUBLESSEE for the benefit o� cr itors; (e) th failure by LESSEE to timely pay Basic, Rent or Additional R� t s required by this Lease; (f) thel ilure by LESSEE or SUBLESSEE to observe and perform an ovenant, condition or agreement on its part to be ob erved or performed as required by this' Lease; or (g) the� ailure by LESSEE or its surety or SUBLESSEE or its su et to discharge, satisfy or releas� any lien or lien st{ te ent filed or recorded against the Leased Premises wi�� hin sixty days after the date of such filing or record- ir� , ichever date is earlier. It is an ex� ess covenant and agreement of LESSOR, ' LESSEE and SUBLES- SEE that SSO may, at its election, terminate this Lease in the event of thl oc urrence of any of the events described in this para- graph or ir� par graph (22) relating to liens by giving no fewer than ten days ' itt n notice to LESSEE and SUBLESSEE; ' and when so term- inated, LE SOR may reenter the Leased Premises. This Lease and its Leased Pre ises shall not be treated as an asset of the estate of either LES E o SUBLESSEE. It is further expressly understood and agreed tha LE SOR shall be entitled upon such � reentry, notwith- standing a ot er provision of this Lease, to exercise such rights and remedi s a are provided in Default Remedies Section of this Lease. i � 6 . I � . �Cy6-��7� (20) C� 1 ance with Laws. The property described herein may be used for ly the purposes stated herein. It is the sole and exclusive � sp nsibility of the LESSEE in the use of the property to comply, and ' o ause SUBLESSEE to comply with all laws, rules, regula- tions or or in nces imposed by any jurisdiction affecting the use to which the pr pe ty is proposed to be put. Inability of or failure by the LESSEE p� S BLESSEE to comply with any of said laws, rules, reg- ulations or ' or inances will not relieve the LESSEE of the obligation to pay the r�nt 1 provided herein. (21) Non Di crimination. The LESSEE and SUBLE3SEE for themselves, their perso al representatives , and successors in interest and assigns, as p rt of the consideration hereof, do hereby covenant and agree, as a ov nant running with the land, that (1) no p rson, on the ground of race, sex, color creed, re ig 'on, age, disability, marital st�'atus , status with r� pe t to public assistance or nationa],', origin or ancestry st� 11 be excluded from participating i'n, be denied the b� ef ' ts of or be otherwise subjected to discrimination in tY� u e of said facilities; (2) tY� t 'n connection with the construction of any improvements or� s id lands and the furnishing of services thereon, no di cr 'mination shall be practiced in the selection of em lo ees and contractors, by contractors in the selection anc� etention of first-tier subcontractors, and by first- ti�r subcontractors in the selection and retention of sec#on -tier subcontractors; (3) thajt such discrimination shall not be practiced against the pul#li in their access in and use of the facilities and se vi es provided for as public accommodations (such as ea in , sleeping, rest and recreation) constructed or op ra ed on the Leased Premises; and (4) th t the LESSEE and SUBLESSEE shall useI the premises in cq pliance with all other requirements ilmposed pursuant to tY� S int Paul Legislative Code Chapter L�,83. (22) Lie The LESSEE and SUBLESSEE shall not permit mechanic 's liens or o er liens to be filed or established or to remain against the Leased Pr ises for labor, materials or services furnished in connection u�' th any additions, modifications, improvements, repairs, renewals or eplacements made to the Leased Premises, or for any other reason, pr id that if the LESSEE or SUBLESSEE shall first notify the LESSOR f its intention to do so and shall deposit in escrow with the LESSOR su of money or a bond or irrevocable letter of credit acceptable j o the LESSOR equal to the amount of the claim of lien, LESSEE or I UBL SSEE may in good faith contest any such claims or mechanic' s ' r ther liens filed or established and in such event may permit the ite s contested to remain undischarged and unsatisfied during the p rio of such contest. If, in the opinion of the LESSOR, � . . . . ��°-<��7 the nonpay�► nt of any such items subjects the Leased Premises to any loss or for� it re, the LESSOR may require the LESSEE or SUBLESSEE to use the es� ow account to promptly pay all such unpaid items and if LESSEE or � BL SSEE fails to pay from the escrow account, the LESSOR may pay and � ha ge the LESSEE as Additional Rent. (23) Emi en Domain. In the event the entir,e Leased Premises are taken by em'nent domain, or such portion thereof is so taken that in LESSEE ' S o SUBLESSEE ' S reasonable judgement it is uneconomic thereafter t r store the Leased Premises and proceed under the terms and provisi¢ns of this Lease, LESSEE may terminate this Lease by giving to LE$SO thirty days ' written notice of termination, effective as of the d�t�e n which the condemning authority acquires legal title or physical 'po session of the Leased Premises . LESSEE and SUBLESSEE hereby waive 'an release any claim to or share in the Award of Compen- sation for tthe taking , notwithstanding any other provision of law, this Lease or any other agreement. LESSEE or SUBLESSEE may to the extent oth��wi e permitted in the eminent domain proceeding, remove its own trad� f' xtures at its own expense. (24) D au t Remedies. in the event an Event of Default occurs under parac� ap (2�) of this Lease, LESSOR may exercise any one or more of thel ol owing remedies: (a) r� nt r and take possession of the Premises without t� mi ation of this Lease, and use it�s best efforts to 1� se the Premises to or enter into ',an agreement with an th r person for the account of LESSEE;' (b) telmi ate this lease, exclude LESSEE and SUBLESSEE from po�se sion of the Premises, and use i�s best efforts to le�se the Premises to or enter into an agreement with andth r in accordance with applicable law; (c) exClu e LESSEE and SUBLESSEE from possession of the Prem- is�s, with or without terminating this Lease and operate the Pz�mi es itself; (d) t� mi ate the Lease, exclude LESSEE and SUBLESSEE from pos- s� si n of the Premises, sell all or any part of the Prem- i s t the best price obtainable (provided that applicable 1 ermits such sale) sale to be on such terms and condi- t' ns as the LESSOR, in its sole discretion, shall determine a a ply the proceeds of such sale less any expenses there- o fo the account of the LESSEE . , (e) e�C re se any remedies available to it ui�der the Minnesota U� fo m Commercial Code; � � 8 . , I — � ,, �ya �� 7 (f) t� e whatever action at law or in equity may appear n es ary or appropriate to collect th�e Basic Rent and A� itional Rent then due and thereatter to become due, or to e� or e performance and observance of any obligation, ag ee ent or covenant of the LESSEE or SUBLESSEE under this Le se. (g) irl ,ex rcising any of its remedies set forth in this Section, th� L SSOR may, whether or not the Lease is then in effect, hol;d the LESSEE liable for the difference between the pa�tme ts and other costs for which the LESSEE is responsible unc�er this Lease. No remedy h rein conferred upon or reserved to LESSOR is intended to be exclusive of any other available remedy or remed'ies, but each such remedy shal e cumulative and shall be in addition to every other remedy given un er this Lease or now or thereafter existing at law or in equity by st tute. No delay or omission to exer�cise any such right or power a cr ing upon any default shall impair iany such right or power or shal 1 e construed to be a waiver thereof,l, but any such right and power � y e exercised from time to time and as often as may be deemed exp� ient. In order to entitle the LESS0�2 to exercise any remedy rese�} ed to it in this Provision, it shall not be necessary to give any r1 tice, other than such notice as may be herein expressly required. ' (25) A1� ra ions. The LESSEE or SUBLESSEE will not make any alter- ations to th pr mises without the written consent of the LESSOR, such consent not bo unreasonably withheld. If the LESSEE or SUBLESSEE desires to nlak any such alterations, an accurate description shall first be su4mi ted to and approved by the LESSOR and such alterations shall be don b the LESSEE or SUBGESSEE at its own expense. All such work shall be performed under the LESSOR' S supervision and any im- provements �t de to the Leased Premises at the LESSEE 'S or SUBLESSEE ' S expense sha 1 ecome the property of the LESSOR at the end of the Lease period. L SSEE and SUBLESSEE agree that all alterations will be done in a wo kmanlike manner and in conformance wit'� applicable build- ing codes , hat the structural integrity and build!ing systems of the building wi, 1 not be impaired, and that no liens will attach to the premises by ' eas n thereof. (26) Ii ht of S(JBLSSSEE. Nothing in this Lease Agreement shall be construe as ranting any rights of any kind to the SUBLESSEE. The SUBLESSEE 'S rig ts shall be derived entirely trom a separate instru- ment to be r� gotiated by the LESSEE and SUBLESSEE. � (27) nd . Anything herein contained to the contrary notwithstan ing, this Lease may be terminated, and the provisions of this Leasei ay be, in writing, amended by mutual consent of the parties herain. 9 � „ , � �y�_��7 ; IN WITNESS WH RE F, the parties hereto have set their hands and seals the day and y ar in this Lease first above-written. i � Mayor I City Clerk ' Director of Finance and , Management Services , I Department Direc�or City Attorney (F rm Approval) ____________� __ __________________________________�_-_______________ � - LESSEE I � Its � SUBLESSEE � I ts � 10 ,. . _ w "u "s o � � ''°" m t'u y Pa�'N_ d i+ a+ y u �•"T:, �� V U W� L� L �I W 10`O F N � , \ � � �� 7 W ��p �_W N O � ,G �! � y � w�0 N� � �f•..•�`. �•o�::• \ BU � .-�ai s _u d +'�z y � � �'��n ....�W �� ' . �y��' •.s� �,' \ EXIENy 00 C �i.G ? p � 00 H d d d �Y d� d b� L.i � e°�� \ aK<<�N WES�ER� „Ci y o.Ai�pp, �� r+y w u y N y w�i^vi� \` ..\��' •��.�.. � B� 3 f+ aG "� .. .L 1+ p °i.�r� � o�v ` , • �'+ �\ b w w C u '�w C r� C O p,v q V) O �.�� p• �� r+�� y p� O N L 0 O� OJ �., �N p dg � \ /� � a"'�y o \ r � O V � y P�n N �� y.W T 3� N y'!� y�tl �� ,�• , \ +� ;� W A w � �a a� H y M O N � O C� C F' tG `�� r � 6 :i �1'� /'�N•r/ a0 U � d y N i� a y `el O '. °� ., �r,. << \ � u � C..oi33 °� r' pchvdw�o^'x'„' � �a�I . ._ `\,• \ � Hb � w � Nwa � yw,co w� Y � ° � , �- . .� 6 p �t' � \ w d q.�� F � .,d w F,� d u u +i p w �� p'v m G� '� �'' a�+� N�G p � o� � y�..G+ , � •'•�M\` ^.1 \ ��` \ \ H 4 p !t y�..�I o0 C p p o �N N�w N V �r .i p0. 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