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 _
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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
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. � 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 . ` `
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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
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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;
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(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.
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(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.
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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
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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 .
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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
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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.
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(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.
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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)
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LESSOR
Its
Its
Its
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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
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