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99-47Return copy to: Real Estate Division 140 City Hall ORIGINAL RESOLUTION OF SAfNT PAUL, MINNESOTA Presented By Referred To Council File # �_�% Green Sheet # �.�/ �' Committee: Date i WHEREAS, since 1987 the City, through Lease Agreement PW/36 and on behalf of the Department of z Public Works, has leased to Bay West, Inc. for the purpose of storage of non-combustible material, s 8,555 squaze feet of vacant land lying under the Jackson Street Bridge over the Burlington Northern a tracks between Pennsylvania Avenue and Acker Street; and s 6 � s 9 io ii 12 13 14 15 16 i� is 19 20 21 zz 23 24 26 27 2s 29 30 31 WHEREAS, the said Lease Agreement PW136 expired on August 31, 1997 and has been continued on a month-to-month basis; and WHEREAS, the representatives of Bay West, Inc. and the Department of Public Works have agreed to extend said Lease Agreement PW(36 for an additional five yeazs; NOW THEREFORE BE IT RESOLVED, that the proper City officials aze hereby authorized and directed to extend the terxn of the said I,ease Agreement PW/36 through December 31, 2003. Adopted by Council: Adopf n Certified by By: , 2 Approved ayor: By: i Date Date Requested by Department of: Technolo�v & Mana�ement Services $Y: �\�� w w '� ( �1 `r�� "� (/ Dire Form Approved by City Attomey °�a�� ,v sy: ��/�. �✓�w.v,�-t— � 2 . �.y-g, by Mayor r to Council � C� � T.M.S./REAL E5TATE DIVISION Date: Dec. 22,1998 Green Sheet Number: 63116 ntact Person and Phone N»mber: 2 EPARTMENT DIRECTOR 4 CITY COUIVCII. Dave Nelson ��266-8850 �� 1 � ATT �� ''�J �L•1 'T" �E'uc UDGET DII2EC1'OR FFICE OF FiNANCIAL SVCS. ust be on Council Agenda by: 3 YOR (OR ASSIST ESTATE DIVISION OTAL # OF SIGNATURE PAGES 1(CLIP ALL LOCATIONS FOR GNATURE) CTTON REQUESTED: To approve a five year exten5ion of Lease Agreement PW/36 providing 8,555 square feet of storage space for non-combustible materials under the Jackson Street Bridge to Bay West, Inc. Ref: 1. Resolution for approval; 2. Sample copy of agreement. COMMENDATIONS: APPROVE (A) OR REJECT (R) ERSONAL SERVICE CONTRACTS MOST ANSWER TfiE FOLLOWING: . Has [6e persod£um ever worked under a contract for this deparhnent? YES NO PLANNA'G COMMLSSION A STAFF . Has this persodfrm ever been a City employee? YES NO CIVll. SERVICE COMMISSION . Does this person/firm possess a s1ull not normally possessed by any YES NO cm COmmnTTee current City emplopee? E lain all YES answers on a se arate sheet aud attach. UPPORTS WIIICfi COUNCII, OBJECTIVE? COUNCIL WARD(S) 1 DLSTRICT PLANNING COUNCIL 7 1TATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why?): Lease Agreement PW/36 expired on August 31,1997. VANTAGES IF APPROVED: Bay West, Inc. will continue to store non-combustible material under the Jackson Street Bridge. r+ ��sm n P'.er<§�Y - - '.*� , . .. ._. _ '_^.:x'�.e. `ra'��:%� ISADVANTAGESIFAPPROVED: '� None �EC � � z�4C 2 s �� ISADVANTAGESIFNOTAPPROVED; � � �� ,'�� Bay West, Inc. would have to make other arrangements for storage. OTAL AMOiJNT OF TRAN5ACTION: $ S� 3 S O. O O COST/REVENUE BUDGETED (CII2CLE ONE) YFS NO ING SOL3RCE: N�A ACTIVITY I3UMBER: ANCIAL INFORMATION: (EXPLAII� ��C 3 01998 $5,350.00 represents the rent over the full five year term of the agreement. MAYOR'S OFFlCE �� (Pw36) Revised 11/24/98 Authority (C.F. or A.O.) LEASE NO. FINANCE DEPT. LEASE NO. PW/36 DATE: December 1. 1998 LESS0I2: CITX OF SAINT PAUL DEPARTMENT OF PUBLIC WORKS LESSEE: BAY WEST, INC. 5 EMPIRE D7:2IVE SAINT PAUL. MINNESOTA 55103 together with any buildings, fixtures in such buildings, improvements and structures, if any, located thereon; [1] Leased Premises. The LESSOR, in consideration of the payment of the Basic Rent and Additional Rent hereinafter specified to be paid by the LESSEE, and the covenants and agreements herein contained, does hereby lease, demise and let unto LESSEE the premises hereinafter referred to as the "Leased Premises," consisting of 8,555 squaze feet of vacant land described as That portion of land under the Jackson Street Bridge over the Burlington Northern tracks (Bridge #5664) lying between Pennsylvania Avenue on the south and Acker Street on the north. �2� (3} See Exhibit "A", plan or map of leased azea which is incorporated herein by this reference. CITY OF SAINT PAUL STANDARD LEASE AGREEMENT 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/Xeazs) 5 Yeus Commencing Date December 1, 1998 Endin� Date November 30, 2003 Use of Premises.The LESSEE shall use and occupy the Leased Premises for the following purpose: Storaee of non-combustible materials and for no other purpose without the prior written consent of LESSOR. 1 �� [4J Rent Rent shall consist of Basic Rent and such Additional Rent as may apply. LESSEE shall pay all rent in advance, on the first day of the term of the lease and on the first day of each payment period thereafter as indicated in the Payment Schedule below: (A) Basic Rent Total $asic Rent During Lease Term $5,350.00 Schedule (Payment Period Annual — Commencing Date — December l, 1998 $ per Period) $1,070.00 (B) Additional Rent. Additiona112ent means all amounts, other than Basic Rent provided for in paragraph (4-A) above, that LBSSEE shall be obligated to pay under this pazagraph or other provisions of this I.ease. Additional 12ent shall include, but is not limited to, the following fees, costs and expenses: (1) �2) � (4) all utilities, including water, electric, gas, telephone, sewage and garbage collection and disposal; costs for the repairs, improvements or alterations required to be made by the LESSEE in paragraph 11 of this L.ease; all taxes on realty or personalty, general or special; (4) all public rates, dues, charges and assessments, general or special, of any kind upon the Leased Premises; and property insurance premium and/or uninsured losses as set forth in paragraph (7) of this Lease. In the event that LESSEE does not make such payments (or any payments required to be paid as Additional Rent}, LESSOR may make the payments at its option, and the payments so paid become Additional Rent, and are due and payable by the LESSEE with the payment of Basic Rent next required after written notice of same to the LESSEE by LESSOR. LESSEE shall make all payments of Basic Rent and Additional Rent to LESSOR at the following address: Public Works accountin� Division 600 Cit�Hall Annex St Paul. MN 55102 The applicable account number for City Finance Accounting Code is: All Basic and Additional Rent shall be payable on the date certain provided herein, or — if no date certain is provided — within 30 days of the billing date. The L.essor shall charge interest of 1.5% per month on anyBasic or Additional Rent remaining unpaid beyond the due date as here provided. ��- �� [5] Taxes. LESSEE shall be responsible for and pay all taxes and assessmen[s against the L.eased Premises, except that LESSEE may at its own expense contest and challenge the imposition or amount of any such tax or assessment as prescribed by law; provided, however, that in the event this L,ease is temunated by either party, LESSOR may at its option require the LESSEE [o pay such coniested taxes pending appeal, to place in escrow a sum sufficient to pay said taaces, or take other action that will remove said contested taYes as an encumbrance to title or as an exception to the transferabili[y of mazketable title to the Leased Premises. [6] Ri2ht of Entrv. 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 che L.eased Premises during reasonable business hours or, in the event of an emergency, at any time for any legitimate purpose. [7] Insurance. (A) LESSEE'S Insurance. The LESSEE shall acquire during the term of this lease the following coverage: (1) The LESSEE sha11 be responsible for the self insurance of, or the acquisition of Commercial Property Insurance on, its personal property. (2) COMMERCIAL GENERAL LIABILTTY INSURANCE including blanket contractual liabiiity coverage, personal injury liability coverage and broad form property damage liability endorsement with a combined single limit of not less than $750,000 per occurrence shall be purchased by the LESSEE. Such insurance shall: (a) name the City of Saint Paul as additional insured; (b) be primary with respect to LESSOR'S insurance or self-insurance; (c) not exclude explosion, collapse and underground property damage; (d) be written on an "Occurrence" Form policy basis; and (e) not contain an "aggregate" policy limit unless specifically approved in writing by LESSOR. (3) AUTOMOBILE LIABILITY INSURANCE with minimum limits of $750,000 combined single limit and $1,000,000 aggregate, covering hired, non-owned and owned automobiles. (4) WORKERS' COMPENSATION INSURANCE with not less than sta[utory minimum limits; and EMPLOYERS' LIABILTI'Y INSURANCE with minimum limits of at least $100,000 per accident and with an all states endorsement. (5) The LESSEE shall supply to LESSOR current insurance certificates for policies required in Paragraph (7). The said certificates shall certify whether or not the agent has errors and omissionsinsurance coverage. . (6) The limits cited under each insurance requirement above establish minimums; and it is the sole responsibility of the LESSEE to purchase and maintain additional insurance that may be necessary in relation to this lease. 99- �� (7) Nothing in this contract shall constitute a waiver by the LESSOR of any statutory limits or excep[ions on liability. (8) LESSEE shall place the insurance with responsible insurance companies authorized and licensed to do business in Yhe State of Minnesota and approved by LESSOR, and shall deliver copies of the policies to LESSOR on the date of LESSEE'S execution of this agreement. The policies required in paragraph (7) shall be endorsed to indicate that the insurer cannot cancel or change the insurance without first giving the LESSOR 30 days' written notice. (9) Insurance limits shall be subject to the tort claims liability limits as set forth in chapter 466 of Minnesota Statutes. (B) Waiver of Subro�ation. LESSOR waives its right of subrogation for damage to the Building, contents therein, loss of use thereof, and/or loss of income, up to the amount of insurance proceeds collected. LESSEE waives its right of subrogation for damage to property in the Leased Premises, loss of use thereof, loss of income and/or accounts receivable, up to the amount of their respective insurance proceeds collected. The pazties shall notify their respective insurance companies, in writino, of the provisions of this pazagraph; and, if either cannot waive i[s subrogation rights, such party shall immediately notify the other party, in writing. [8] Cancellation or Termination. This lease shall be subject to cancellation and termination by LESSOR at any time during the term hereof by giving the LESSEE notice in wri[ing at ninety (90) days, (thirty (30) days for leases with a term of one (1) year or less or any month-to-month tenancies) prior to the date when such termination shall become effective. In the event of such termination, and on the effective date of such termination, LES30R shall return any unearned rental paid by the LESSEE without interest. [9} Notice. A11 notices herein provided to be given, or that 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 Real Bstate Division, 140 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. [10] Assi2nment 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. 99- �� [11J Maintenance and Repairs. LESSEE shall, at its own cost and expense, be responsible for all repairs, maintenance and upkeep of the Leased Premises, including but not limited to emergency repairs of any kind; routine maintenance and repair to keep the L,eased Premises in good repair, safe and in compliance with applicable fire, health, building and other life-safety codes; and a11 repairs and maintenance needed to keep the buildings or structures on the L,eased Premises in good con- dition, includin� (a) the exterior (including windows and doors) and interior structure of the buildin�s or structures, (b) the roof or roofs, (c) the heating, ventilating and air conditioning systems therein, (d) all electrical, plumbing, lighting, mechanical systems, fire suppression equipment, i.e. fire sprinkler sys[em; and (e) all grounds, fences and roads within the I.eased Premises. The foregoing obligations shall bind the LESSEE regazdless of the cause of the damage or condition necessitating the repair or maintenance. [12) Payments in Case of Default. 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 Co judgment or not. [13� Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner termination of this lease, shall quit peacefully and sunender possession of said property and its appurtenances to LESSOR in as good order and condition as the property was delivered to the LESSEE. j14] Indemnitv. 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 Leased Premises by the LESSOR to the LESSEE, or the use or condition of the Leased Premises or as a result of the operations or business activities taking place on the Leased Premises. It is fully understood and agreed that LESSEE is aware of the conditions of the Leased Premises and leases the same "as is." [15} Holdover. Any holdover after the expiration of the term of this L,ease 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 other terms and conditions of this Lease shali be applicable. [16J Pollution and Contaminants. LESSEE agrees to comply with all ordinances, laws, rules and regulations enacted by any governmental body or agency reiating to the control, abatement or emission of air and water contaminants and the disposal of refuse, solid wastes or liquid wastes. LESSEE shall bear all costs and expenses arising from compliance with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold harmless LESSOR from all liability, in- cluding without limitation, fines, forfeitures, and penalties arisin� from 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. 5 J� �? [17] Controllin2 Lease. In the event there is any prior existing lease or rental agreement between LESSEE and LESSOR (or iu 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. [18] Destruction. In the event of damage to or destruction of the I.eased Premises or in the event the premises becomes untenantable or unfit for occupancy due to such damage durina 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 aaree to rescore 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 dam- age or destruction was caused by perils insured against Che 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 ]oss and impairment of the use of the L,eased Premises as determined by the LESSOR, times the number of days of loss or impairment. [19] Events of Default. The occurrence of any of the following events during the term of this L,ease 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 azrangement 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 (90) days from the date of such filing; (C) the assets of LESSEE or of the business conducted by LESSEE on the Lzased Premises be assumed by any trustee or other person pursuant to any judicial proceedings; (D) LESSEE makes any assignment for the benefit of creditors; (E) the failure by LESSEE to timely pay Basic Rent or Additional Rent as required by this Lease; (F) the failureby LESSEE to observe and perform any covenant, condition or agreement on its pazt to lie observed or performed as required by this Lease; or (G) the failure by LESSEE or its surety to dischazge, satisfy or release any lien or lien statement filed or recorded against the Leased Premises within sixty days afrer the date of such filing or recording, whichever date is earlier. q� �� It is an express covenant and agreement of LESSOR and LESSEE that LESSOR may, at its election, terminate this L.ease in the event of the occusence of any of the events described in this paza�raph or in paraa aph (22) relating to liens by giving not less than ten days' written notice to LESSEE; and when so terminated, LESSOR may reenter the I.eased Premises. This I.ease and its Leased Premises shall not be treated as an asset of LESSEE'S estate. It is further expressly understood and a�reed that LESSOR shall be entitled upon such reentry, notwithstanding any other provision of this L,ease, to exercise such ri�hts and remedies as are provided in Pazagraph (24) of this Lease. [20] Comaliance 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 all laws, rules, regulations or ordinances imposed by any jurisdiction affecting the use to which the property is pzoposed to be put. Inability or failure by the LESSEE to comply with any of said laws, rules, regulations or ordinances will not relieve the LBSSEE of the obligation to pay the rental provided herein. [21] 1Von-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 (A) 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 pazticipating in, be denied the benefits of or be otherwise subjected to discrimination in the use of said facilities; (B) that in connection with [he construction of any improvements on said lands and the fumishing of services thereon, no discrimination shall be practiced in the selection of em- ployees and contractors, by contractors in the selection and retention of first tier subcontract- ors, and by first-tier subcontractors in the selection and retention of second-tier subcon- tractors; (C) that such discrimination shall not be practiced against the public in its access in and use of the facilities and services provided for gublic accommodations (such as eatin�, sleeping, rest and recreation) constructed or operated on the Leased Premises; and (D) that the LESSEE shall use the premises in compliance with all other requirements imposed pursuant to the Saint Paul I,egislative Code Chapter 183. 7 9�� [22] Liens. The LESSEE sha11 not permit mechanic's liens or other liens to be filed or established or to remain against the L.eased Premises for labor, materials or services fumished in connection with any additions, modifications, improvements, repairs, renewals or replacements made to the L.eased Premises, or for any other reason; provided that if the LESSEE shall first notify the LESSOR of its intention to do so and shall deposit 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 es- crow account to promptly pay all such unpaid items and if LESSEE fails to pay from the escrow account, the LES50R may pay and charge the LESSEE as Additional Rent. [23] Eminent Domain. In the event the entire Leased Premises aze 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. [2A] Default Remedies. In the event an Event of Default occurs under paragraph {19) of this L,ease, 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 ease the Premises to or enter into an agreement with another person for the account of LESSEE; (B) terminate this lease, exclude LE5SEE 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 L,eased Premises, sell all or any part of the Premises at the best price obtainable (provided such sale is permitted by applic- able law,) such sale to be on such terms and conditions as theLESSOR, 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; �y �� (F) take whatever action at law or in equity may appeaz necessary or appropriate to collec[ the Basic Rent and Additional 12ent then due and thereafter to become due, or to enforce performance and observance of any obligation, a�reement or covenant of the LESSEE under this Lease. (G) in exercising any of its remedies set forth in this Section, the LESSOR may, whether or not the L.ease 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 L.ease. No remedy herein confened upon or reserved to LES30R is intended to be exclusive of any other available remedy or remedies, but each such remedy shall be cumulative and shall be in addition to every other remedy given under this L.ease 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. [25] Default of Pavment. LESSEE agrees that, should it defauli on any payment owing and due to be paid to LESS012 as provlded in this agreement, including but not limited to Basic Rent and Additional Rent, then the remaining unpaid balance shall, at the option of the LESSOR, immediately become due. Said LESSEE further agrees that the LESSOR may, at its option and without notice to LESSEE, enter judgment against LESSEE in Ramsey County District Court for the amount of the unpaid balance. And LESSEE does hereby confess judgment in the amount of the unpaid balance due upon default, and does authorize the LESSOR to enter judgment as provided above. LESSEE does hereby agree that the LESSOR, at its option, may enter a judgment, at any time within one yeaz of the time [he last payment shall have come due, for the full amount of the unpaid balance due pursuant to the confession of judgment provided herein. \ (26] Alterations. The LESSEE will not make any alterations to the pzemises 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 shali be done by the LESSBE 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 LE3SEE'3 expense shall become the property of the LESSOR at the end of the Lease period. LESSEE agrees that all alterations will be done in a workmanlike manner and in conformance with applicable building codes, that the structural integrity and building systems of the building will not be impaired, and that no liens will attach To the premises by reason thereof. [27J Amended. Anything herein contained to the contrary not withstanding, this Lease may be termina[ed, and Che provisions of this L.ease may be, in writin�, amended by mutual consent of the pazties hereto. � 99- �� IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year in this L.ease first above-written. LESSOR: Mayor City Clerk Director of Technology & Management Services Department Director City Attorney (Form Approval) LESSEE: Its Lon S. Larson, Chief Einancial Officer Its Its 10 ' U2 E � .; ° a W E c �% � 4 p y M7 4 l� � o � an y r.�,c�w/r� an.+�-aN I t� L �5 " V � $ � � �� O _ �`�'� i � �� 2 �Y � N c V c ` ��u2 QQ .6.. aY r I°�.`��-1 = o.. � �, o� 'V L �i �s..E. ia lu.cr coip-ani<<ue� Orom b �j ,b,.v �r t: �,.,e�. ,.,,.por�:«,.� .,�.,i..,y �M l F ` ` � Q y/ .a , ., uJ nuu. � � � m O � = L X Q W � � »,,.� w.:. �.ow� � y ,..o�. ,.e, ,..r �o...�p �e,:»d ...e...� ' i 99- � �.�� i � _ ' � ' I V I a � {I i Y �'� �I ? � � al e I I ° f � n I � �' "� � i � w� H - — . .K.r�— = e I I � � � —1; a � i 'm( I , �- aD��, � � aa' g � I I i ` . _� I +J ci —i. �nrv W < ��_ � l 2 � � � i i a � �� ; I ,I 81 : . . ' ' �i ' _ _ _ ._ ��: � �" Q ' -- P �., . ' n�. ¢Na� .�•1 � �� L J _ �� ¢ i � � a :t �� = Q `. Wz y � � ¢ m i p Vi'C L ` 4 .5 � � , l 1 . a n k I � � o �i I w V � I I O I m � r � i � � I ,� ' ' � � ' � .� o. 8, }' W I ° �I ,I 0. I ' � i � 1; o, . _ °� N' � g .� � � r � o<= I + §`� � � �a I - � ! a I � n � � S N b I � 3 ;; I m � 0 ,.,- - w t ,° -� � a I � .�._ � r �I J , : �; � -�� , � I � � gr t P� � Return copy to: Real Estate Division 140 City Hall ORIGINAL RESOLUTION OF SAfNT PAUL, MINNESOTA Presented By Referred To Council File # �_�% Green Sheet # �.�/ �' Committee: Date i WHEREAS, since 1987 the City, through Lease Agreement PW/36 and on behalf of the Department of z Public Works, has leased to Bay West, Inc. for the purpose of storage of non-combustible material, s 8,555 squaze feet of vacant land lying under the Jackson Street Bridge over the Burlington Northern a tracks between Pennsylvania Avenue and Acker Street; and s 6 � s 9 io ii 12 13 14 15 16 i� is 19 20 21 zz 23 24 26 27 2s 29 30 31 WHEREAS, the said Lease Agreement PW136 expired on August 31, 1997 and has been continued on a month-to-month basis; and WHEREAS, the representatives of Bay West, Inc. and the Department of Public Works have agreed to extend said Lease Agreement PW(36 for an additional five yeazs; NOW THEREFORE BE IT RESOLVED, that the proper City officials aze hereby authorized and directed to extend the terxn of the said I,ease Agreement PW/36 through December 31, 2003. Adopted by Council: Adopf n Certified by By: , 2 Approved ayor: By: i Date Date Requested by Department of: Technolo�v & Mana�ement Services $Y: �\�� w w '� ( �1 `r�� "� (/ Dire Form Approved by City Attomey °�a�� ,v sy: ��/�. �✓�w.v,�-t— � 2 . �.y-g, by Mayor r to Council � C� � T.M.S./REAL E5TATE DIVISION Date: Dec. 22,1998 Green Sheet Number: 63116 ntact Person and Phone N»mber: 2 EPARTMENT DIRECTOR 4 CITY COUIVCII. Dave Nelson ��266-8850 �� 1 � ATT �� ''�J �L•1 'T" �E'uc UDGET DII2EC1'OR FFICE OF FiNANCIAL SVCS. ust be on Council Agenda by: 3 YOR (OR ASSIST ESTATE DIVISION OTAL # OF SIGNATURE PAGES 1(CLIP ALL LOCATIONS FOR GNATURE) CTTON REQUESTED: To approve a five year exten5ion of Lease Agreement PW/36 providing 8,555 square feet of storage space for non-combustible materials under the Jackson Street Bridge to Bay West, Inc. Ref: 1. Resolution for approval; 2. Sample copy of agreement. COMMENDATIONS: APPROVE (A) OR REJECT (R) ERSONAL SERVICE CONTRACTS MOST ANSWER TfiE FOLLOWING: . Has [6e persod£um ever worked under a contract for this deparhnent? YES NO PLANNA'G COMMLSSION A STAFF . Has this persodfrm ever been a City employee? YES NO CIVll. SERVICE COMMISSION . Does this person/firm possess a s1ull not normally possessed by any YES NO cm COmmnTTee current City emplopee? E lain all YES answers on a se arate sheet aud attach. UPPORTS WIIICfi COUNCII, OBJECTIVE? COUNCIL WARD(S) 1 DLSTRICT PLANNING COUNCIL 7 1TATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why?): Lease Agreement PW/36 expired on August 31,1997. VANTAGES IF APPROVED: Bay West, Inc. will continue to store non-combustible material under the Jackson Street Bridge. r+ ��sm n P'.er<§�Y - - '.*� , . .. ._. _ '_^.:x'�.e. `ra'��:%� ISADVANTAGESIFAPPROVED: '� None �EC � � z�4C 2 s �� ISADVANTAGESIFNOTAPPROVED; � � �� ,'�� Bay West, Inc. would have to make other arrangements for storage. OTAL AMOiJNT OF TRAN5ACTION: $ S� 3 S O. O O COST/REVENUE BUDGETED (CII2CLE ONE) YFS NO ING SOL3RCE: N�A ACTIVITY I3UMBER: ANCIAL INFORMATION: (EXPLAII� ��C 3 01998 $5,350.00 represents the rent over the full five year term of the agreement. MAYOR'S OFFlCE �� (Pw36) Revised 11/24/98 Authority (C.F. or A.O.) LEASE NO. FINANCE DEPT. LEASE NO. PW/36 DATE: December 1. 1998 LESS0I2: CITX OF SAINT PAUL DEPARTMENT OF PUBLIC WORKS LESSEE: BAY WEST, INC. 5 EMPIRE D7:2IVE SAINT PAUL. MINNESOTA 55103 together with any buildings, fixtures in such buildings, improvements and structures, if any, located thereon; [1] Leased Premises. The LESSOR, in consideration of the payment of the Basic Rent and Additional Rent hereinafter specified to be paid by the LESSEE, and the covenants and agreements herein contained, does hereby lease, demise and let unto LESSEE the premises hereinafter referred to as the "Leased Premises," consisting of 8,555 squaze feet of vacant land described as That portion of land under the Jackson Street Bridge over the Burlington Northern tracks (Bridge #5664) lying between Pennsylvania Avenue on the south and Acker Street on the north. �2� (3} See Exhibit "A", plan or map of leased azea which is incorporated herein by this reference. CITY OF SAINT PAUL STANDARD LEASE AGREEMENT 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/Xeazs) 5 Yeus Commencing Date December 1, 1998 Endin� Date November 30, 2003 Use of Premises.The LESSEE shall use and occupy the Leased Premises for the following purpose: Storaee of non-combustible materials and for no other purpose without the prior written consent of LESSOR. 1 �� [4J Rent Rent shall consist of Basic Rent and such Additional Rent as may apply. LESSEE shall pay all rent in advance, on the first day of the term of the lease and on the first day of each payment period thereafter as indicated in the Payment Schedule below: (A) Basic Rent Total $asic Rent During Lease Term $5,350.00 Schedule (Payment Period Annual — Commencing Date — December l, 1998 $ per Period) $1,070.00 (B) Additional Rent. Additiona112ent means all amounts, other than Basic Rent provided for in paragraph (4-A) above, that LBSSEE shall be obligated to pay under this pazagraph or other provisions of this I.ease. Additional 12ent shall include, but is not limited to, the following fees, costs and expenses: (1) �2) � (4) all utilities, including water, electric, gas, telephone, sewage and garbage collection and disposal; costs for the repairs, improvements or alterations required to be made by the LESSEE in paragraph 11 of this L.ease; all taxes on realty or personalty, general or special; (4) all public rates, dues, charges and assessments, general or special, of any kind upon the Leased Premises; and property insurance premium and/or uninsured losses as set forth in paragraph (7) of this Lease. In the event that LESSEE does not make such payments (or any payments required to be paid as Additional Rent}, LESSOR may make the payments at its option, and the payments so paid become Additional Rent, and are due and payable by the LESSEE with the payment of Basic Rent next required after written notice of same to the LESSEE by LESSOR. LESSEE shall make all payments of Basic Rent and Additional Rent to LESSOR at the following address: Public Works accountin� Division 600 Cit�Hall Annex St Paul. MN 55102 The applicable account number for City Finance Accounting Code is: All Basic and Additional Rent shall be payable on the date certain provided herein, or — if no date certain is provided — within 30 days of the billing date. The L.essor shall charge interest of 1.5% per month on anyBasic or Additional Rent remaining unpaid beyond the due date as here provided. ��- �� [5] Taxes. LESSEE shall be responsible for and pay all taxes and assessmen[s against the L.eased Premises, except that LESSEE may at its own expense contest and challenge the imposition or amount of any such tax or assessment as prescribed by law; provided, however, that in the event this L,ease is temunated by either party, LESSOR may at its option require the LESSEE [o pay such coniested taxes pending appeal, to place in escrow a sum sufficient to pay said taaces, or take other action that will remove said contested taYes as an encumbrance to title or as an exception to the transferabili[y of mazketable title to the Leased Premises. [6] Ri2ht of Entrv. 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 che L.eased Premises during reasonable business hours or, in the event of an emergency, at any time for any legitimate purpose. [7] Insurance. (A) LESSEE'S Insurance. The LESSEE shall acquire during the term of this lease the following coverage: (1) The LESSEE sha11 be responsible for the self insurance of, or the acquisition of Commercial Property Insurance on, its personal property. (2) COMMERCIAL GENERAL LIABILTTY INSURANCE including blanket contractual liabiiity coverage, personal injury liability coverage and broad form property damage liability endorsement with a combined single limit of not less than $750,000 per occurrence shall be purchased by the LESSEE. Such insurance shall: (a) name the City of Saint Paul as additional insured; (b) be primary with respect to LESSOR'S insurance or self-insurance; (c) not exclude explosion, collapse and underground property damage; (d) be written on an "Occurrence" Form policy basis; and (e) not contain an "aggregate" policy limit unless specifically approved in writing by LESSOR. (3) AUTOMOBILE LIABILITY INSURANCE with minimum limits of $750,000 combined single limit and $1,000,000 aggregate, covering hired, non-owned and owned automobiles. (4) WORKERS' COMPENSATION INSURANCE with not less than sta[utory minimum limits; and EMPLOYERS' LIABILTI'Y INSURANCE with minimum limits of at least $100,000 per accident and with an all states endorsement. (5) The LESSEE shall supply to LESSOR current insurance certificates for policies required in Paragraph (7). The said certificates shall certify whether or not the agent has errors and omissionsinsurance coverage. . (6) The limits cited under each insurance requirement above establish minimums; and it is the sole responsibility of the LESSEE to purchase and maintain additional insurance that may be necessary in relation to this lease. 99- �� (7) Nothing in this contract shall constitute a waiver by the LESSOR of any statutory limits or excep[ions on liability. (8) LESSEE shall place the insurance with responsible insurance companies authorized and licensed to do business in Yhe State of Minnesota and approved by LESSOR, and shall deliver copies of the policies to LESSOR on the date of LESSEE'S execution of this agreement. The policies required in paragraph (7) shall be endorsed to indicate that the insurer cannot cancel or change the insurance without first giving the LESSOR 30 days' written notice. (9) Insurance limits shall be subject to the tort claims liability limits as set forth in chapter 466 of Minnesota Statutes. (B) Waiver of Subro�ation. LESSOR waives its right of subrogation for damage to the Building, contents therein, loss of use thereof, and/or loss of income, up to the amount of insurance proceeds collected. LESSEE waives its right of subrogation for damage to property in the Leased Premises, loss of use thereof, loss of income and/or accounts receivable, up to the amount of their respective insurance proceeds collected. The pazties shall notify their respective insurance companies, in writino, of the provisions of this pazagraph; and, if either cannot waive i[s subrogation rights, such party shall immediately notify the other party, in writing. [8] Cancellation or Termination. This lease shall be subject to cancellation and termination by LESSOR at any time during the term hereof by giving the LESSEE notice in wri[ing at ninety (90) days, (thirty (30) days for leases with a term of one (1) year or less or any month-to-month tenancies) prior to the date when such termination shall become effective. In the event of such termination, and on the effective date of such termination, LES30R shall return any unearned rental paid by the LESSEE without interest. [9} Notice. A11 notices herein provided to be given, or that 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 Real Bstate Division, 140 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. [10] Assi2nment 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. 99- �� [11J Maintenance and Repairs. LESSEE shall, at its own cost and expense, be responsible for all repairs, maintenance and upkeep of the Leased Premises, including but not limited to emergency repairs of any kind; routine maintenance and repair to keep the L,eased Premises in good repair, safe and in compliance with applicable fire, health, building and other life-safety codes; and a11 repairs and maintenance needed to keep the buildings or structures on the L,eased Premises in good con- dition, includin� (a) the exterior (including windows and doors) and interior structure of the buildin�s or structures, (b) the roof or roofs, (c) the heating, ventilating and air conditioning systems therein, (d) all electrical, plumbing, lighting, mechanical systems, fire suppression equipment, i.e. fire sprinkler sys[em; and (e) all grounds, fences and roads within the I.eased Premises. The foregoing obligations shall bind the LESSEE regazdless of the cause of the damage or condition necessitating the repair or maintenance. [12) Payments in Case of Default. 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 Co judgment or not. [13� Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner termination of this lease, shall quit peacefully and sunender possession of said property and its appurtenances to LESSOR in as good order and condition as the property was delivered to the LESSEE. j14] Indemnitv. 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 Leased Premises by the LESSOR to the LESSEE, or the use or condition of the Leased Premises or as a result of the operations or business activities taking place on the Leased Premises. It is fully understood and agreed that LESSEE is aware of the conditions of the Leased Premises and leases the same "as is." [15} Holdover. Any holdover after the expiration of the term of this L,ease 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 other terms and conditions of this Lease shali be applicable. [16J Pollution and Contaminants. LESSEE agrees to comply with all ordinances, laws, rules and regulations enacted by any governmental body or agency reiating to the control, abatement or emission of air and water contaminants and the disposal of refuse, solid wastes or liquid wastes. LESSEE shall bear all costs and expenses arising from compliance with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold harmless LESSOR from all liability, in- cluding without limitation, fines, forfeitures, and penalties arisin� from 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. 5 J� �? [17] Controllin2 Lease. In the event there is any prior existing lease or rental agreement between LESSEE and LESSOR (or iu 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. [18] Destruction. In the event of damage to or destruction of the I.eased Premises or in the event the premises becomes untenantable or unfit for occupancy due to such damage durina 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 aaree to rescore 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 dam- age or destruction was caused by perils insured against Che 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 ]oss and impairment of the use of the L,eased Premises as determined by the LESSOR, times the number of days of loss or impairment. [19] Events of Default. The occurrence of any of the following events during the term of this L,ease 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 azrangement 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 (90) days from the date of such filing; (C) the assets of LESSEE or of the business conducted by LESSEE on the Lzased Premises be assumed by any trustee or other person pursuant to any judicial proceedings; (D) LESSEE makes any assignment for the benefit of creditors; (E) the failure by LESSEE to timely pay Basic Rent or Additional Rent as required by this Lease; (F) the failureby LESSEE to observe and perform any covenant, condition or agreement on its pazt to lie observed or performed as required by this Lease; or (G) the failure by LESSEE or its surety to dischazge, satisfy or release any lien or lien statement filed or recorded against the Leased Premises within sixty days afrer the date of such filing or recording, whichever date is earlier. q� �� It is an express covenant and agreement of LESSOR and LESSEE that LESSOR may, at its election, terminate this L.ease in the event of the occusence of any of the events described in this paza�raph or in paraa aph (22) relating to liens by giving not less than ten days' written notice to LESSEE; and when so terminated, LESSOR may reenter the I.eased Premises. This I.ease and its Leased Premises shall not be treated as an asset of LESSEE'S estate. It is further expressly understood and a�reed that LESSOR shall be entitled upon such reentry, notwithstanding any other provision of this L,ease, to exercise such ri�hts and remedies as are provided in Pazagraph (24) of this Lease. [20] Comaliance 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 all laws, rules, regulations or ordinances imposed by any jurisdiction affecting the use to which the property is pzoposed to be put. Inability or failure by the LESSEE to comply with any of said laws, rules, regulations or ordinances will not relieve the LBSSEE of the obligation to pay the rental provided herein. [21] 1Von-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 (A) 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 pazticipating in, be denied the benefits of or be otherwise subjected to discrimination in the use of said facilities; (B) that in connection with [he construction of any improvements on said lands and the fumishing of services thereon, no discrimination shall be practiced in the selection of em- ployees and contractors, by contractors in the selection and retention of first tier subcontract- ors, and by first-tier subcontractors in the selection and retention of second-tier subcon- tractors; (C) that such discrimination shall not be practiced against the public in its access in and use of the facilities and services provided for gublic accommodations (such as eatin�, sleeping, rest and recreation) constructed or operated on the Leased Premises; and (D) that the LESSEE shall use the premises in compliance with all other requirements imposed pursuant to the Saint Paul I,egislative Code Chapter 183. 7 9�� [22] Liens. The LESSEE sha11 not permit mechanic's liens or other liens to be filed or established or to remain against the L.eased Premises for labor, materials or services fumished in connection with any additions, modifications, improvements, repairs, renewals or replacements made to the L.eased Premises, or for any other reason; provided that if the LESSEE shall first notify the LESSOR of its intention to do so and shall deposit 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 es- crow account to promptly pay all such unpaid items and if LESSEE fails to pay from the escrow account, the LES50R may pay and charge the LESSEE as Additional Rent. [23] Eminent Domain. In the event the entire Leased Premises aze 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. [2A] Default Remedies. In the event an Event of Default occurs under paragraph {19) of this L,ease, 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 ease the Premises to or enter into an agreement with another person for the account of LESSEE; (B) terminate this lease, exclude LE5SEE 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 L,eased Premises, sell all or any part of the Premises at the best price obtainable (provided such sale is permitted by applic- able law,) such sale to be on such terms and conditions as theLESSOR, 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; �y �� (F) take whatever action at law or in equity may appeaz necessary or appropriate to collec[ the Basic Rent and Additional 12ent then due and thereafter to become due, or to enforce performance and observance of any obligation, a�reement or covenant of the LESSEE under this Lease. (G) in exercising any of its remedies set forth in this Section, the LESSOR may, whether or not the L.ease 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 L.ease. No remedy herein confened upon or reserved to LES30R is intended to be exclusive of any other available remedy or remedies, but each such remedy shall be cumulative and shall be in addition to every other remedy given under this L.ease 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. [25] Default of Pavment. LESSEE agrees that, should it defauli on any payment owing and due to be paid to LESS012 as provlded in this agreement, including but not limited to Basic Rent and Additional Rent, then the remaining unpaid balance shall, at the option of the LESSOR, immediately become due. Said LESSEE further agrees that the LESSOR may, at its option and without notice to LESSEE, enter judgment against LESSEE in Ramsey County District Court for the amount of the unpaid balance. And LESSEE does hereby confess judgment in the amount of the unpaid balance due upon default, and does authorize the LESSOR to enter judgment as provided above. LESSEE does hereby agree that the LESSOR, at its option, may enter a judgment, at any time within one yeaz of the time [he last payment shall have come due, for the full amount of the unpaid balance due pursuant to the confession of judgment provided herein. \ (26] Alterations. The LESSEE will not make any alterations to the pzemises 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 shali be done by the LESSBE 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 LE3SEE'3 expense shall become the property of the LESSOR at the end of the Lease period. LESSEE agrees that all alterations will be done in a workmanlike manner and in conformance with applicable building codes, that the structural integrity and building systems of the building will not be impaired, and that no liens will attach To the premises by reason thereof. [27J Amended. Anything herein contained to the contrary not withstanding, this Lease may be termina[ed, and Che provisions of this L.ease may be, in writin�, amended by mutual consent of the pazties hereto. � 99- �� IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year in this L.ease first above-written. LESSOR: Mayor City Clerk Director of Technology & Management Services Department Director City Attorney (Form Approval) LESSEE: Its Lon S. Larson, Chief Einancial Officer Its Its 10 ' U2 E � .; ° a W E c �% � 4 p y M7 4 l� � o � an y r.�,c�w/r� an.+�-aN I t� L �5 " V � $ � � �� O _ �`�'� i � �� 2 �Y � N c V c ` ��u2 QQ .6.. aY r I°�.`��-1 = o.. � �, o� 'V L �i �s..E. ia lu.cr coip-ani<<ue� Orom b �j ,b,.v �r t: �,.,e�. ,.,,.por�:«,.� .,�.,i..,y �M l F ` ` � Q y/ .a , ., uJ nuu. � � � m O � = L X Q W � � »,,.� w.:. �.ow� � y ,..o�. ,.e, ,..r �o...�p �e,:»d ...e...� ' i 99- � �.�� i � _ ' � ' I V I a � {I i Y �'� �I ? � � al e I I ° f � n I � �' "� � i � w� H - — . .K.r�— = e I I � � � —1; a � i 'm( I , �- aD��, � � aa' g � I I i ` . _� I +J ci —i. �nrv W < ��_ � l 2 � � � i i a � �� ; I ,I 81 : . . ' ' �i ' _ _ _ ._ ��: � �" Q ' -- P �., . ' n�. ¢Na� .�•1 � �� L J _ �� ¢ i � � a :t �� = Q `. Wz y � � ¢ m i p Vi'C L ` 4 .5 � � , l 1 . a n k I � � o �i I w V � I I O I m � r � i � � I ,� ' ' � � ' � .� o. 8, }' W I ° �I ,I 0. I ' � i � 1; o, . _ °� N' � g .� � � r � o<= I + §`� � � �a I - � ! a I � n � � S N b I � 3 ;; I m � 0 ,.,- - w t ,° -� � a I � .�._ � r �I J , : �; � -�� , � I � � gr t P� � Return copy to: Real Estate Division 140 City Hall ORIGINAL RESOLUTION OF SAfNT PAUL, MINNESOTA Presented By Referred To Council File # �_�% Green Sheet # �.�/ �' Committee: Date i WHEREAS, since 1987 the City, through Lease Agreement PW/36 and on behalf of the Department of z Public Works, has leased to Bay West, Inc. for the purpose of storage of non-combustible material, s 8,555 squaze feet of vacant land lying under the Jackson Street Bridge over the Burlington Northern a tracks between Pennsylvania Avenue and Acker Street; and s 6 � s 9 io ii 12 13 14 15 16 i� is 19 20 21 zz 23 24 26 27 2s 29 30 31 WHEREAS, the said Lease Agreement PW136 expired on August 31, 1997 and has been continued on a month-to-month basis; and WHEREAS, the representatives of Bay West, Inc. and the Department of Public Works have agreed to extend said Lease Agreement PW(36 for an additional five yeazs; NOW THEREFORE BE IT RESOLVED, that the proper City officials aze hereby authorized and directed to extend the terxn of the said I,ease Agreement PW/36 through December 31, 2003. Adopted by Council: Adopf n Certified by By: , 2 Approved ayor: By: i Date Date Requested by Department of: Technolo�v & Mana�ement Services $Y: �\�� w w '� ( �1 `r�� "� (/ Dire Form Approved by City Attomey °�a�� ,v sy: ��/�. �✓�w.v,�-t— � 2 . �.y-g, by Mayor r to Council � C� � T.M.S./REAL E5TATE DIVISION Date: Dec. 22,1998 Green Sheet Number: 63116 ntact Person and Phone N»mber: 2 EPARTMENT DIRECTOR 4 CITY COUIVCII. Dave Nelson ��266-8850 �� 1 � ATT �� ''�J �L•1 'T" �E'uc UDGET DII2EC1'OR FFICE OF FiNANCIAL SVCS. ust be on Council Agenda by: 3 YOR (OR ASSIST ESTATE DIVISION OTAL # OF SIGNATURE PAGES 1(CLIP ALL LOCATIONS FOR GNATURE) CTTON REQUESTED: To approve a five year exten5ion of Lease Agreement PW/36 providing 8,555 square feet of storage space for non-combustible materials under the Jackson Street Bridge to Bay West, Inc. Ref: 1. Resolution for approval; 2. Sample copy of agreement. COMMENDATIONS: APPROVE (A) OR REJECT (R) ERSONAL SERVICE CONTRACTS MOST ANSWER TfiE FOLLOWING: . Has [6e persod£um ever worked under a contract for this deparhnent? YES NO PLANNA'G COMMLSSION A STAFF . Has this persodfrm ever been a City employee? YES NO CIVll. SERVICE COMMISSION . Does this person/firm possess a s1ull not normally possessed by any YES NO cm COmmnTTee current City emplopee? E lain all YES answers on a se arate sheet aud attach. UPPORTS WIIICfi COUNCII, OBJECTIVE? COUNCIL WARD(S) 1 DLSTRICT PLANNING COUNCIL 7 1TATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why?): Lease Agreement PW/36 expired on August 31,1997. VANTAGES IF APPROVED: Bay West, Inc. will continue to store non-combustible material under the Jackson Street Bridge. r+ ��sm n P'.er<§�Y - - '.*� , . .. ._. _ '_^.:x'�.e. `ra'��:%� ISADVANTAGESIFAPPROVED: '� None �EC � � z�4C 2 s �� ISADVANTAGESIFNOTAPPROVED; � � �� ,'�� Bay West, Inc. would have to make other arrangements for storage. OTAL AMOiJNT OF TRAN5ACTION: $ S� 3 S O. O O COST/REVENUE BUDGETED (CII2CLE ONE) YFS NO ING SOL3RCE: N�A ACTIVITY I3UMBER: ANCIAL INFORMATION: (EXPLAII� ��C 3 01998 $5,350.00 represents the rent over the full five year term of the agreement. MAYOR'S OFFlCE �� (Pw36) Revised 11/24/98 Authority (C.F. or A.O.) LEASE NO. FINANCE DEPT. LEASE NO. PW/36 DATE: December 1. 1998 LESS0I2: CITX OF SAINT PAUL DEPARTMENT OF PUBLIC WORKS LESSEE: BAY WEST, INC. 5 EMPIRE D7:2IVE SAINT PAUL. MINNESOTA 55103 together with any buildings, fixtures in such buildings, improvements and structures, if any, located thereon; [1] Leased Premises. The LESSOR, in consideration of the payment of the Basic Rent and Additional Rent hereinafter specified to be paid by the LESSEE, and the covenants and agreements herein contained, does hereby lease, demise and let unto LESSEE the premises hereinafter referred to as the "Leased Premises," consisting of 8,555 squaze feet of vacant land described as That portion of land under the Jackson Street Bridge over the Burlington Northern tracks (Bridge #5664) lying between Pennsylvania Avenue on the south and Acker Street on the north. �2� (3} See Exhibit "A", plan or map of leased azea which is incorporated herein by this reference. CITY OF SAINT PAUL STANDARD LEASE AGREEMENT 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/Xeazs) 5 Yeus Commencing Date December 1, 1998 Endin� Date November 30, 2003 Use of Premises.The LESSEE shall use and occupy the Leased Premises for the following purpose: Storaee of non-combustible materials and for no other purpose without the prior written consent of LESSOR. 1 �� [4J Rent Rent shall consist of Basic Rent and such Additional Rent as may apply. LESSEE shall pay all rent in advance, on the first day of the term of the lease and on the first day of each payment period thereafter as indicated in the Payment Schedule below: (A) Basic Rent Total $asic Rent During Lease Term $5,350.00 Schedule (Payment Period Annual — Commencing Date — December l, 1998 $ per Period) $1,070.00 (B) Additional Rent. Additiona112ent means all amounts, other than Basic Rent provided for in paragraph (4-A) above, that LBSSEE shall be obligated to pay under this pazagraph or other provisions of this I.ease. Additional 12ent shall include, but is not limited to, the following fees, costs and expenses: (1) �2) � (4) all utilities, including water, electric, gas, telephone, sewage and garbage collection and disposal; costs for the repairs, improvements or alterations required to be made by the LESSEE in paragraph 11 of this L.ease; all taxes on realty or personalty, general or special; (4) all public rates, dues, charges and assessments, general or special, of any kind upon the Leased Premises; and property insurance premium and/or uninsured losses as set forth in paragraph (7) of this Lease. In the event that LESSEE does not make such payments (or any payments required to be paid as Additional Rent}, LESSOR may make the payments at its option, and the payments so paid become Additional Rent, and are due and payable by the LESSEE with the payment of Basic Rent next required after written notice of same to the LESSEE by LESSOR. LESSEE shall make all payments of Basic Rent and Additional Rent to LESSOR at the following address: Public Works accountin� Division 600 Cit�Hall Annex St Paul. MN 55102 The applicable account number for City Finance Accounting Code is: All Basic and Additional Rent shall be payable on the date certain provided herein, or — if no date certain is provided — within 30 days of the billing date. The L.essor shall charge interest of 1.5% per month on anyBasic or Additional Rent remaining unpaid beyond the due date as here provided. ��- �� [5] Taxes. LESSEE shall be responsible for and pay all taxes and assessmen[s against the L.eased Premises, except that LESSEE may at its own expense contest and challenge the imposition or amount of any such tax or assessment as prescribed by law; provided, however, that in the event this L,ease is temunated by either party, LESSOR may at its option require the LESSEE [o pay such coniested taxes pending appeal, to place in escrow a sum sufficient to pay said taaces, or take other action that will remove said contested taYes as an encumbrance to title or as an exception to the transferabili[y of mazketable title to the Leased Premises. [6] Ri2ht of Entrv. 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 che L.eased Premises during reasonable business hours or, in the event of an emergency, at any time for any legitimate purpose. [7] Insurance. (A) LESSEE'S Insurance. The LESSEE shall acquire during the term of this lease the following coverage: (1) The LESSEE sha11 be responsible for the self insurance of, or the acquisition of Commercial Property Insurance on, its personal property. (2) COMMERCIAL GENERAL LIABILTTY INSURANCE including blanket contractual liabiiity coverage, personal injury liability coverage and broad form property damage liability endorsement with a combined single limit of not less than $750,000 per occurrence shall be purchased by the LESSEE. Such insurance shall: (a) name the City of Saint Paul as additional insured; (b) be primary with respect to LESSOR'S insurance or self-insurance; (c) not exclude explosion, collapse and underground property damage; (d) be written on an "Occurrence" Form policy basis; and (e) not contain an "aggregate" policy limit unless specifically approved in writing by LESSOR. (3) AUTOMOBILE LIABILITY INSURANCE with minimum limits of $750,000 combined single limit and $1,000,000 aggregate, covering hired, non-owned and owned automobiles. (4) WORKERS' COMPENSATION INSURANCE with not less than sta[utory minimum limits; and EMPLOYERS' LIABILTI'Y INSURANCE with minimum limits of at least $100,000 per accident and with an all states endorsement. (5) The LESSEE shall supply to LESSOR current insurance certificates for policies required in Paragraph (7). The said certificates shall certify whether or not the agent has errors and omissionsinsurance coverage. . (6) The limits cited under each insurance requirement above establish minimums; and it is the sole responsibility of the LESSEE to purchase and maintain additional insurance that may be necessary in relation to this lease. 99- �� (7) Nothing in this contract shall constitute a waiver by the LESSOR of any statutory limits or excep[ions on liability. (8) LESSEE shall place the insurance with responsible insurance companies authorized and licensed to do business in Yhe State of Minnesota and approved by LESSOR, and shall deliver copies of the policies to LESSOR on the date of LESSEE'S execution of this agreement. The policies required in paragraph (7) shall be endorsed to indicate that the insurer cannot cancel or change the insurance without first giving the LESSOR 30 days' written notice. (9) Insurance limits shall be subject to the tort claims liability limits as set forth in chapter 466 of Minnesota Statutes. (B) Waiver of Subro�ation. LESSOR waives its right of subrogation for damage to the Building, contents therein, loss of use thereof, and/or loss of income, up to the amount of insurance proceeds collected. LESSEE waives its right of subrogation for damage to property in the Leased Premises, loss of use thereof, loss of income and/or accounts receivable, up to the amount of their respective insurance proceeds collected. The pazties shall notify their respective insurance companies, in writino, of the provisions of this pazagraph; and, if either cannot waive i[s subrogation rights, such party shall immediately notify the other party, in writing. [8] Cancellation or Termination. This lease shall be subject to cancellation and termination by LESSOR at any time during the term hereof by giving the LESSEE notice in wri[ing at ninety (90) days, (thirty (30) days for leases with a term of one (1) year or less or any month-to-month tenancies) prior to the date when such termination shall become effective. In the event of such termination, and on the effective date of such termination, LES30R shall return any unearned rental paid by the LESSEE without interest. [9} Notice. A11 notices herein provided to be given, or that 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 Real Bstate Division, 140 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. [10] Assi2nment 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. 99- �� [11J Maintenance and Repairs. LESSEE shall, at its own cost and expense, be responsible for all repairs, maintenance and upkeep of the Leased Premises, including but not limited to emergency repairs of any kind; routine maintenance and repair to keep the L,eased Premises in good repair, safe and in compliance with applicable fire, health, building and other life-safety codes; and a11 repairs and maintenance needed to keep the buildings or structures on the L,eased Premises in good con- dition, includin� (a) the exterior (including windows and doors) and interior structure of the buildin�s or structures, (b) the roof or roofs, (c) the heating, ventilating and air conditioning systems therein, (d) all electrical, plumbing, lighting, mechanical systems, fire suppression equipment, i.e. fire sprinkler sys[em; and (e) all grounds, fences and roads within the I.eased Premises. The foregoing obligations shall bind the LESSEE regazdless of the cause of the damage or condition necessitating the repair or maintenance. [12) Payments in Case of Default. 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 Co judgment or not. [13� Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner termination of this lease, shall quit peacefully and sunender possession of said property and its appurtenances to LESSOR in as good order and condition as the property was delivered to the LESSEE. j14] Indemnitv. 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 Leased Premises by the LESSOR to the LESSEE, or the use or condition of the Leased Premises or as a result of the operations or business activities taking place on the Leased Premises. It is fully understood and agreed that LESSEE is aware of the conditions of the Leased Premises and leases the same "as is." [15} Holdover. Any holdover after the expiration of the term of this L,ease 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 other terms and conditions of this Lease shali be applicable. [16J Pollution and Contaminants. LESSEE agrees to comply with all ordinances, laws, rules and regulations enacted by any governmental body or agency reiating to the control, abatement or emission of air and water contaminants and the disposal of refuse, solid wastes or liquid wastes. LESSEE shall bear all costs and expenses arising from compliance with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold harmless LESSOR from all liability, in- cluding without limitation, fines, forfeitures, and penalties arisin� from 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. 5 J� �? [17] Controllin2 Lease. In the event there is any prior existing lease or rental agreement between LESSEE and LESSOR (or iu 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. [18] Destruction. In the event of damage to or destruction of the I.eased Premises or in the event the premises becomes untenantable or unfit for occupancy due to such damage durina 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 aaree to rescore 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 dam- age or destruction was caused by perils insured against Che 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 ]oss and impairment of the use of the L,eased Premises as determined by the LESSOR, times the number of days of loss or impairment. [19] Events of Default. The occurrence of any of the following events during the term of this L,ease 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 azrangement 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 (90) days from the date of such filing; (C) the assets of LESSEE or of the business conducted by LESSEE on the Lzased Premises be assumed by any trustee or other person pursuant to any judicial proceedings; (D) LESSEE makes any assignment for the benefit of creditors; (E) the failure by LESSEE to timely pay Basic Rent or Additional Rent as required by this Lease; (F) the failureby LESSEE to observe and perform any covenant, condition or agreement on its pazt to lie observed or performed as required by this Lease; or (G) the failure by LESSEE or its surety to dischazge, satisfy or release any lien or lien statement filed or recorded against the Leased Premises within sixty days afrer the date of such filing or recording, whichever date is earlier. q� �� It is an express covenant and agreement of LESSOR and LESSEE that LESSOR may, at its election, terminate this L.ease in the event of the occusence of any of the events described in this paza�raph or in paraa aph (22) relating to liens by giving not less than ten days' written notice to LESSEE; and when so terminated, LESSOR may reenter the I.eased Premises. This I.ease and its Leased Premises shall not be treated as an asset of LESSEE'S estate. It is further expressly understood and a�reed that LESSOR shall be entitled upon such reentry, notwithstanding any other provision of this L,ease, to exercise such ri�hts and remedies as are provided in Pazagraph (24) of this Lease. [20] Comaliance 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 all laws, rules, regulations or ordinances imposed by any jurisdiction affecting the use to which the property is pzoposed to be put. Inability or failure by the LESSEE to comply with any of said laws, rules, regulations or ordinances will not relieve the LBSSEE of the obligation to pay the rental provided herein. [21] 1Von-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 (A) 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 pazticipating in, be denied the benefits of or be otherwise subjected to discrimination in the use of said facilities; (B) that in connection with [he construction of any improvements on said lands and the fumishing of services thereon, no discrimination shall be practiced in the selection of em- ployees and contractors, by contractors in the selection and retention of first tier subcontract- ors, and by first-tier subcontractors in the selection and retention of second-tier subcon- tractors; (C) that such discrimination shall not be practiced against the public in its access in and use of the facilities and services provided for gublic accommodations (such as eatin�, sleeping, rest and recreation) constructed or operated on the Leased Premises; and (D) that the LESSEE shall use the premises in compliance with all other requirements imposed pursuant to the Saint Paul I,egislative Code Chapter 183. 7 9�� [22] Liens. The LESSEE sha11 not permit mechanic's liens or other liens to be filed or established or to remain against the L.eased Premises for labor, materials or services fumished in connection with any additions, modifications, improvements, repairs, renewals or replacements made to the L.eased Premises, or for any other reason; provided that if the LESSEE shall first notify the LESSOR of its intention to do so and shall deposit 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 es- crow account to promptly pay all such unpaid items and if LESSEE fails to pay from the escrow account, the LES50R may pay and charge the LESSEE as Additional Rent. [23] Eminent Domain. In the event the entire Leased Premises aze 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. [2A] Default Remedies. In the event an Event of Default occurs under paragraph {19) of this L,ease, 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 ease the Premises to or enter into an agreement with another person for the account of LESSEE; (B) terminate this lease, exclude LE5SEE 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 L,eased Premises, sell all or any part of the Premises at the best price obtainable (provided such sale is permitted by applic- able law,) such sale to be on such terms and conditions as theLESSOR, 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; �y �� (F) take whatever action at law or in equity may appeaz necessary or appropriate to collec[ the Basic Rent and Additional 12ent then due and thereafter to become due, or to enforce performance and observance of any obligation, a�reement or covenant of the LESSEE under this Lease. (G) in exercising any of its remedies set forth in this Section, the LESSOR may, whether or not the L.ease 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 L.ease. No remedy herein confened upon or reserved to LES30R is intended to be exclusive of any other available remedy or remedies, but each such remedy shall be cumulative and shall be in addition to every other remedy given under this L.ease 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. [25] Default of Pavment. LESSEE agrees that, should it defauli on any payment owing and due to be paid to LESS012 as provlded in this agreement, including but not limited to Basic Rent and Additional Rent, then the remaining unpaid balance shall, at the option of the LESSOR, immediately become due. Said LESSEE further agrees that the LESSOR may, at its option and without notice to LESSEE, enter judgment against LESSEE in Ramsey County District Court for the amount of the unpaid balance. And LESSEE does hereby confess judgment in the amount of the unpaid balance due upon default, and does authorize the LESSOR to enter judgment as provided above. LESSEE does hereby agree that the LESSOR, at its option, may enter a judgment, at any time within one yeaz of the time [he last payment shall have come due, for the full amount of the unpaid balance due pursuant to the confession of judgment provided herein. \ (26] Alterations. The LESSEE will not make any alterations to the pzemises 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 shali be done by the LESSBE 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 LE3SEE'3 expense shall become the property of the LESSOR at the end of the Lease period. LESSEE agrees that all alterations will be done in a workmanlike manner and in conformance with applicable building codes, that the structural integrity and building systems of the building will not be impaired, and that no liens will attach To the premises by reason thereof. [27J Amended. Anything herein contained to the contrary not withstanding, this Lease may be termina[ed, and Che provisions of this L.ease may be, in writin�, amended by mutual consent of the pazties hereto. � 99- �� IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year in this L.ease first above-written. LESSOR: Mayor City Clerk Director of Technology & Management Services Department Director City Attorney (Form Approval) LESSEE: Its Lon S. Larson, Chief Einancial Officer Its Its 10 ' U2 E � .; ° a W E c �% � 4 p y M7 4 l� � o � an y r.�,c�w/r� an.+�-aN I t� L �5 " V � $ � � �� O _ �`�'� i � �� 2 �Y � N c V c ` ��u2 QQ .6.. aY r I°�.`��-1 = o.. � �, o� 'V L �i �s..E. ia lu.cr coip-ani<<ue� Orom b �j ,b,.v �r t: �,.,e�. ,.,,.por�:«,.� .,�.,i..,y �M l F ` ` � Q y/ .a , ., uJ nuu. � � � m O � = L X Q W � � »,,.� w.:. �.ow� � y ,..o�. ,.e, ,..r �o...�p �e,:»d ...e...� ' i 99- � �.�� i � _ ' � ' I V I a � {I i Y �'� �I ? � � al e I I ° f � n I � �' "� � i � w� H - — . .K.r�— = e I I � � � —1; a � i 'm( I , �- aD��, � � aa' g � I I i ` . _� I +J ci —i. �nrv W < ��_ � l 2 � � � i i a � �� ; I ,I 81 : . . ' ' �i ' _ _ _ ._ ��: � �" Q ' -- P �., . ' n�. ¢Na� .�•1 � �� L J _ �� ¢ i � � a :t �� = Q `. Wz y � � ¢ m i p Vi'C L ` 4 .5 � � , l 1 . a n k I � � o �i I w V � I I O I m � r � i � � I ,� ' ' � � ' � .� o. 8, }' W I ° �I ,I 0. 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