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89-710 WHITE - CITV CLERK PINK - FINANCE COURCII ►//yJ/� BLUERV - MAYORTMENT CITY O AINT PAITL File NO. (' ,'��� - Return �oPy to: Counc l Resolution Real Estate D' ' ion (DN) (Worms) I� ' Presented By Referred To Committee: Date Out of Committee By Date WHEREAS , Lease Agre m nt PD/17 between the City of Saint Paul and Luverne Worms , by w ich the Police Department leases the building at 1441 North R' ce Street housing the North Team Station, will expire on Ap i 30, 1989; and WHEREAS , representat ' v s of the Police Department have agreed with the said Luver e Worms to extend the lease agreement an additional five years', rom l�'Iay 1, lg8g through April 30 , 1994; and WHEREAS , it has been de ermined by the Real Estate Division of the Department of Fi an e and Management Services that the agreed upon rent does repr sent the fair market value of the property, THEREFORE BE IT RESO VE , that the proper City officials be authorized and directed t e ecute Lease Agreement PD/17. COUNCIL MEMBERS Requested by Department of: Yeas Nays nimond Finan Mana ement ervice �� In Fa or Goswitz Re��.�;�j � _ Again t BY Dire t r vt, •6e�wr �,i�"� ! � Wilson AForm Appro d 'ty Attorne Adopted by Council: Date � � n , • y � L�� •�` Certified Pass ouncil cr ry BY By Approved by a�o�: APR 2 5 9 Approved ayoc 'ssion to Council , ��_ By " �1•- � , �s�� rr�AY - 6 9s _ �. o�ura� �. a.,rt aKraTeu oo�err. � - `�" a � �f� Finance & Manageme�t Services ' 4/4f83 � "� `��� N�. ������, � otrar�rrr nmECroA �_wwn cop�sasr�rrt� , Dave I�elsou � �s Mnw�r ea�es a�cron �cm a.Ewc ��u FinBnce 298-'3317� ��° etroc�Erw�cfoA _ , t�• � • cm arrora�r _ To extend I.ease Agreement FD/ addffivnai five years from May 1., 1989 through April 30, i994. rer�ce: 1. Sa�aple copq-t����� agree�ent; 2. Resolution for n tment. r � ; . APR _ 71011�e(MDrow(1�?or FNiect(flf 3 ' C01#IC�. : _ ' " ��� ���� �,�.� ,�«n ,,�,� fl�,A�€N�E�CTQ� . � ZOINIJO OOA/i188qN -..18D 6ffi BRFIOOL BOARD � - - � � . . 6MfF . . . GNR'TEfi(�b1f981�tJ AS IS � A007.�11F0.ADOEQ+►� . . t � ��. . . � " - - - ��t�� t . 01811�f.T COUNCII. - � *EXPLANATION: - ; � . � � . . -81iPOR'IS MII110M�COlNICIL OBJBCTNE7 . . . � . _ . . � .. . . . � . . � . . .. NIN1fKf M!1lE.OPPOR7UNlTY(WMO.Whet.Whw�,MmMM.rihY): - ' Lease Agreement PD/17, will e ir on :�ipri3 30, 1989.. �wc�►nwt tc,00ve�.�.�rsr. : . _ _ The Po1i�e Department will �i� e se '�f the.b�ilding at 1441 .Nc>rth Rice Street �o house its No � d- Tesm Station. ` - CCl�itill�!'d(Whtl.WFwm.en0 ro N1Aorie): . ; : The Cit�! wili pay $114,93I.2 i rent over the f fve ye�r te , of �i�e les�e at a rate af $1,915.52 pe month. �' t�. ����'���.�s . . M► Wo Lsc,r�o�+sa— - �X"� #� ; �'f`�.�- a,�erurn�s: cn�es . . _ Find a different' 1'ocation. Idone It wt�ult� be d3ffi��lt ta , _ fiud a suitable building , .. fn tih`e� area at a reasonab3e rate. rwroerr�oe�+TS: The Police Department has 1 s th�s building since. 1984. ' Co�ancii Research Center ' ��: _ APR 1�.1�89 N/A . ` ` � -. � � ��_ �,o CITY OF S I T PAIIL REAL PBOPEBTY L A E AGREEMENT Revised 12/23/88 Authority (C. F. or A. O. ) LEASE N0. $ ci?= p � � FINANCE DEPT. LEASE N0. PD/17 �� � �. 4 � 'Z . DATE : � � tilll�II11II � LESSOR: �� 111T ��� � h�' u erne Worms �as+ 144 ice Street Saint Paul, Min e ota 55117 CITY OF SAINT PAUL LESSEE: CITY F AINT PAIIL REAL PROPERTY POLI B BPABTMENT LEASE AGREEMENT (1) Leased Presises. The L SS R, in consideration of the payment of the Basic Rent and Additional Re t hereinafter specified to be._paid by the LESSEE , and the covenants an agreements herein contained , does hereby lease , demise and let u to LESSEE the premises hereinafter referred to as the "Leased Pr mi es " , whose address is 1441 N. 8ice Street Sai t sul Minnesota 55117 , and which is legally described as : 2 ,485 square feet of fini h d office space and adjacent off street parking for 29 vehicle all located at a site known as 1441 Rice Street , St . Paul innesota 55117 as shown on the drawings , plans and specific tions attached hereto as Exhibit "A" and incorporated herein by r fe ence. together with any and all buil in s , fixtures in such buildings , improvements and/or structures , i a y , located thereon; 1 , . ��y�_��o (2) Tern of Lease. This le se shall be in effect for a term commencing and ending on the d t s indicated below, unless terminated earlier by the LESSOR as provi ed herein. Term (Months/Years ) Comm ncing Date Ending Date Five Years Pia 1 1989 April 30, 1994 (3) IIse of Prenises. Th premises shall be used and occupied by LESSEE for the following purpo e : - - F�li e aa� Station and for no other purpose with ut the prior written consent of LESSOR. (4) Basic Bent. Rent sh 11 be paid by the LESSEE in advance , on the first day of the term o the lease and on the first day of each and every payment period th reafter as indicated in the Payment Schedule below: Total Basic Rent Payment Schedule During Lease Term (Monthly/An u lly - Commencing Date - $ per Period) $114,931.25 Monthl May 1 , 1989 $1 ,915.52 LESSEE shall make all payment f Basic Rent and Additional Rent to LESSOR at the following addres : 1441 Rice Street a nt Paul Minnesota 55117 The applicable account number o City Finance Accounting Code is : 041 0 282-022 (5) Additional Rent. Th ESSEE shall pay all Additional Rent. Additional Rent means all amount , other than Basic Rent provided for in paragraph 4 above , which ES EE shall be obligated to pay under this paragraph or other prov si ns of this Lease. Additional Rent includes , but is not limited o , the following fees , costs and expenses : (a) all electricity c nsumption; (b) LESSEE shall perform its own � anitorial services ; (c ) replacement of broken glass ; and (d) snow plowing and removal. (6) Taaes. LESSOR shall e esponsible for and pay all taxes and assessments against the Leased P emises. 2 . ��_,,o (7) Bight of Entry• At all im s during the term of this lease , the LESSOR shall have the right , b tself , its agents and employees , to enter into and upon the Leased r mises during reasonable business hours for the purpose of examinin a d inspecting the same , provided that such entry does not interf r with the conduct of official business or compromise security of Ch team station. ( 8) LESSOB' S Insurance. The LE S R shall be responsible for and obtain the property insurance on t e eal Property owned by the LESSOR. (9) Cancellation or Terminat on This lease shall be subject to cancellation and termination by L S EE at any time during the term hereof by giving the LESSOR notic n writing at least ninety ( 90) days in advance of the date wh n such termination shall become effective. In the event of such t r ination any unearned rental paid by the LESSEE shall be returned o LESSEE without interest on the effective date of termination of t e ease. ( 10) Notice. All notices here n provided to be given, or which may be given by either party to he other , shall be deemed to have been fully given when served pers na ly on LESSOR or LESSEE , or when made in writing and deposited in t e nited States Mail , certified and postage prepaid , and addressed to h LESSOR at the address stated on page ( 1 ) and to the LESSEE at the Di ision of Valuations , Real Estate Section , 218 City Hall , Saint Paul , innesota 55102. The address to which the notice shall be mailed m y be changed by written notice given by either party to the other othing herein shall preclude the giving of such address change noti e y personal service. ( 11 ) Assignaent and Sublett n . LESSEE shall not assign or sublet this Lease without the wr tt n consent of the LESSOR, which consent must be obtained prior to t e execution of any agreement to sublease the Leased Premises . (12) Building Hodifications. ESSOR agrees to perform the following building modifications a ndicated : a. Immediately: 1. The height of the d i ing fountain will be adjusted. 2. Return air ducts il be installed in the Sergeants ' offices and in the L eutenant ' s/Captain 's office , and the fan speed will e increased. If these remedies are not sufficient to ma ntain a comfortable temperature throughout the lea ed space , the capacity of the air conditioner and/or u nace will be increased. 3. All carpeting will e cleaned. 3 , ^ . . �;��.-7'� b. Within Thirty llays of Si nature of the Lease: 1 . New carpeting will b installed in the roll-call room. c. As Soon as Weather Per i s : 1 . Paving ot the asph 1 parking lot will be completed. ( 13) l�iaintenance and Be ai s LESSOR shall, at its own cost and expense , be responsible for all e airs , maintenance and upkeep of the Leased Premises , including but n [ limited to emergency repairs of any kind ; routine maintenance and r p ir to keep the Leased Premises in good repair , safe and in compl ' a ce with applicable fire , health , building and other life-safety c d s ; and all repairs and maintenance needed to keep the buildings or structures on the Leased Premises in good condition , including (a) t e exterior (including doors , except glass breakage , and windows , bu ot including signs erected by the LESSEE) and interior structure o t e buildings or structures , (b) the roof or roofs , ( c ) the heatin , ventilating and air conditioning systems therein , (d ) all elect ic 1 , plumbing, lighting , mechanical systems , fire suppression equip en i. e. fire sprinkler system; and (e ) all grounds , fences and ro d within the Leased Premises . In addition , the Lessor shall keep he sidewalks bordering on said Leased Premises at all times free from ce and snow, and shall remove ice and snow from the roof of the Le se Premises when necessary . The foregoing obligations shall bind th LESSOR regardless of the cause of the damage or condition necessit ti g the repair or maintenance. (14) Paysents in Case of Def u t. LESSEE shall pay LESSOR all costs and expenses , including re so able attorney' s fees in any action brought by LESSOR to recover any re t due and unpaid hereunder, or for the breach or default of any of h covenants or agreements contained in this Lease , or to recover pos es ion of said property , whether such action progresses to judgment or no . ( 15) Surrender of Premises. T e LESSEE , at the expiration of said term, or any sooner term' n tion of this lease , shall quit peacefully and surrender pos e sion of said property and its appurtenances to LESSOR in as go d rder and condition as the property was delivered to the LESSEE. (16) Inde�ity. The LESSOR g ees to indemnify, defend , save and hold harmless the City of Sain P ul and any agents , officers and employees thereof from all cla m , demands , actions or causes of action of whatsoever nature or c ar cter , arising out of or by reason of the condition of the premises . (17) Holdover. Any holdove after the expiration of the term of this Lease shall be allowed on y after receiving the written consent 4 . , ., � � G��-?'° oi the LESSOR. Said tenancy sha 1 be deemed to be a tenancy only from month-to-month. All of the oth r terms and conditions of this Lease shall be applicable . (18) Pollution and Conta�i an s. LESSOR agrees to comply with a11 ordinances , laws , rules a d regulations enacted by any governmental body or agency re a ing to the control , abatement or emission of air and water conta in nts and/or the disposal of refuse , solid wastes or liquid wastes . LESSOR shall bear all cost and e ense arising from compliance with said ordinances , laws , rules , r regulations and shall indemnify , defend , save and hold harmless LE SEE from all liability, including without limitation , fines , fo feitures , and penalties arising in connection with the failure by L S OR to comply with such ordinances , laws , rules or regulations . LE SE has the right to perform cleanup and deduct such costs from th onthly rental payments should the LESSOR fail to comply. ( 19) Controlling Lease. In the event there is any prior existing lease or rental agreem nt between LESSEE and LESSOR (or its predecessor in interest ) covering he subject property , it is agreed and understood that this Lease h 11 cancel and terminate any prior leases or rental agreements as o t e effective date of this lease. (20) Destruction. In the ve t of damage to or destruction of the Leased Premises or in the e en the premises becomes untenantable or unfit for occupancy due to u h damage during the term of this Lease , LESSOR may at its optio : (a) terminate the lease u on fifteen ( 15) days ' written notice to LESSEE; or (b) within fifteen ( 15 ) a s agree to restore the premises within a reasonable i e period following the casualty . The Basic Rents to be paid dur n the restoration period shall be abated in proportion to the per en age of loss and impairment of the use of the Leased Premises as et rmined by the proportion of said Leased Premises which are in suita le condition for occupancy and are actually occupied by the LESSEE. (21) Default Be�edies. In he event the LESSOR fails to observe and perform any covenant , condi i n of agreement on its part to be observed or performed as requir d by this Lease , the LESSEE may, at its election , terminate this Le se by giving not less than ten days ' written notice to LESSOR, provid d that , should the LESSOR rectify its � failure to observe or perform s required within the said ten day period or by a mutually agreed u on date , said written notice shall be withdrawn . S . . . ����° Any monies paid in advance for r ntal ot the Leased Premises subsequent to the date of termin tion shall be refundable to the LESSEE and shall be due on the date of termination . (22) Co�pliance with Laws. Th roperty described herein may be used for only the purposes sta e herein . It is the sole and exclusive responsibility of the LE SE in the use of the property to comply with any and all laws , rules , egulations or ordinances imposed by any jurisdiction affecting t e use to which the property is proposed to be put . Inability or f i ure on the part of the LESSEE to comply with any of said laws , rul s , regulations or ordinances will not relieve the LESSEE of the obl gation to pay the rental provided herein. (23) Non-Discri�ination. The L SSEE for himself , his personal representatives , successors in int r st and assigns , as a part of the consideration hereof , does hereby c venant and agree , as a covenant running with the land, that ( 1 ) no person , on the gr und of race , sex , color creed , religion , age , disabi it , marital status , status with respect to public assistan e or national origin or ancestry shall be excluded fro p rticipating in , be denied the benefits of or be other i e subjected to discrimination in the use of said facilities (2) that in connection with th construction of any improvements on said lands and the u nishing of services thereon , no discrimination shall e practiced in the selection of employees and contracto s by contractors in the selection and retention of first tier subcontractors , and by first- tier subcontractors i he selection and retention of second-tier subcontract rs ; ( 3) that such discriminatio hall not be practiced against the public in their acces in and use of the facilities and services provided for a public accommodations ( such as eating , sleeping , re t and recreation ) constructed or operated on the Leased r mises ; and (4) that the LESSEE shall us the premises in compliance with all other requirements i posed pursuant to the Saint Paul Legislative Code Chapt r 83. (24) Liens . Neither the LE SOR nor the LESSEE shall permit mechanic ' s liens or other liens o be filed or established or to remain against the Leased Premi e for labor, materials or services furnished in connection wi h any additions , modifications , improvements , repairs , renewals o replacements made to the Leased Premises , or for any other rea on The LESSOR and the LESSEE shall indemnify , defend , save and hol h rmless the other f rom all claims , demands , actions or causes of ac i n of whatsoever nature or character 6 . � . . ����i� arising therefrom. Ln addit on , LESSOR agrees to indemnify , defend save and hold harmless the LE SE from all claims , demands , actions or causes of action of whatsoeve ature or character arising out of or from any activities of LES OR or persons or companies under his control and supervision. (25) Bminent Donain. In th event the entire Leased Premises are taken by eminent domain , or uc portion thereof is so taken that in the LESSEE ' s reasonable judge ent it is uneconomic or otherwise impractical thereafter to r st re the Leased Premises and proceed under the terms and provisio s of this lease , LESSEE may terminate this Lease by giving to the LE SOR thirty days ' written notice of termination , effective as of the date on which the condemning authority acquires legal titl t or physical possession of the Leased Premises . The LESSEE shall e ntitled to its leasehold interest in all economic damages in the on emnation award. LESSEE may, to the extent otherwise permitted i t e eminent domain proceeding, remove its own trade fixtures at its ow expense. ( 26) LESSES ' s Obli ati s The LESSEE will keep the Leased Premises clean and will not 11 w any condition to exist which would crea[e a nuisance or fire haz rd , or which would increase the rate of insurance on the Leased Prem se . LESSEE shall not waste or misuse water , gas , steam or any ot er utilities furnished by the LESSOR. LESSEE shall not , in any m n er , deface or injure said Leased Premises or any part thereof , or overload the floors . Any defacing or injury to the Leased Premises by the LESSEE , other than ordinary wear and tear, will be repaired at th LESSEE' s expense. (27) Alterations. The LE SE will not make any alterations to the premises without the written o sent of the LESSOR, such consent not to be unreasonably withheld. I the LESSEE desires to make any such alterations , an accurate desc iption shall first be submitted to and approved by the LESSOR and u h alterations shall be done by the LESSEE at its own expense. A 1 uch work shall be performed under the LESSOR' S supervision and any mp ovements made to the Leased Premises at the LE5SEE ' S expense shall be ome the property of the LESSOR at the end of the Lease period. LE SE agrees that all alterations will be done in a workmanlike manner nd in conformance with applicable building codes , that the stru tu al integrity and building systems of the building will not be imp ir d , and that no liens will attach to the premises by reason thereof. (28) LBSS$E ' s Signs . E SEE may elect at its own cost and expense to provide and insta 1 an exterior sign ; provided, however, that the size , design and mann r of installation of said sign shall be subject to the written approv 1 f the LESSOR. 7 : : . . ��_��e (29) LESSEE 's Personal Pr e t . LESSOR shall have no obligation to repair or maintain aay pers n 1 property or equipment brought into the Leased Premises or inst lled therein by LESSEE for LESSEE ' s purposes , and LESSEE shall e permitted to remove said personal property upon the termination f this Lease. LESSEE shall , at its own expense repair any damage to he Leased Premises caused or created by the installation or removal of s id personal property. ( 30 ) Asended . Anything erein contained to the contrary notwithstanding , this Lease m y e terminated, and the provisions of this Lease may be , in writi g amended by mutual consent of the parties herein. 8 ' . , � • ����� IN WITNESS WHBREOF, the parties h re o have set their hands and seals the day and year in this Lease fir t above-written. M yor C ty Clerk D rector of Finance and �i�:�dc� M nagement Services ��� D partment Director City Attorney (Form Approval) =�=v===��==eeo===��s�=�=�a==����_ �� c=======�3==x���=����__����=c=== LESSOR Its Its Its 9 � .. � • ��Tl� LSS $ NOTARY STATE OF MINNESOTA ) ) ss . COUNTY OF RAMSEY ) The foregoing instrument was c nowledged before me this day of , 19 , by George Latimer , Mayor of the City of Saint Paul , a u icipal corporation of the State of Minnesota, on behalf of said i y of Saint Paul. Notar Public y STATE OF MINNESOTA ) ) ss . COUNTY OF RAMSEY ) The foregoing instrument was c nowledged before me this day of , 19 , by A1 Olson , City Clerk of the City of Saint Paul , a u icipal corporation of the State of Minnesota, on behalf of said i y of Saint Paul. Notary Public STATE OF MINNESOTA ) ) ss . COUNTY OF RAMSEY ) The foregoing instrument was c nowledged before me this day of , 19 , by Gene Schiller , Director of Finance and Management e vices of the City of Saint Paul , a municipal corporation of the S ate of Minnesota, on behalf of said City ot Saint Paul. Notary Public L S Og NO?AgY STATE OF MINNESOTA ) ) ss . COUNTY OF RAMSEY ) The foregoing instrument was c owledged before me this day of , 19 , by , its Notary Public 10