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99-640Return copy to: Real Estate Division 140 City Hall r�or�a s Referred To Committee: Date io ii iz 13 ia is WHEREAS, the City of Saint Paui, Ramsey County and Independent School District 625 own adjacent properties at Battle Creek; and WHEREAS, the three public properties have a long history of cooperative use and programs on the site; and WHEREAS, The City has begun planning the construction of a new building at the Battle Creek Recreation Center; and WHEREAS, Conshuction of a new building on City Recreation Center property would eliminate badly needed athlefic fields; and WHEREAS, the preferred new building site is on Counry property immediately south of the existing recreation center; and WHEREAS, the locaUOn of the new building at this site would not interfere with the use of the regional pazk; and WHEREAS, the new building will provide support facilities for the regional park recreation users; and WHEREAS, the Ramsey County Boazd has approved, in concept, the placement of the new recreauon center on County property; z6 TFIEREFORE BE IT RESOLVED, that the proper City officials are hereby authorized and directed to i� execute an agreement with Ramsey County to lease sufficient land south of the present Battle Creek is Recreation Center for the purpose of constructing, operating and maintaining a new recreation center. Requested by Department of: Adopted by Council: Date Adopti n Certified by Cou By: Approved b Mayor: Date By: s ORlG1�At RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� f Technoloev & Management Services l l ��,� ] By: ] Direct�o�,� � Form Approved by City Attomey Q � � � BY: �� G- 2Y'y °� Council File # �� Green Sheet # �0� �o� — �O v T.M.S./REAL ESTATE DIVISION Da�� June 23,1999 Green Sheet Number: 63767 ntaM Persoa aud Phone Number: 2 EPARTMENT p 4 CI'LY COI7NCII, Dave Nelson 266-8850 1'�" ATT `� y �.Z.7��[C � UDGETDIItECl'OR FFICEOFFINANCIALSVCS. ost be on Comcil Agenda by: ,} ULY ! ��9 3 YOR (OR ASSiST OTAL # OF SIGNATURE PAGES 1(CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: To approve an agreement with Ramsey County to lease sufficient land for the construction of a new recreation center south of the present Battle Creek Recreation Center. Ref: 1. Resolution for consideration; 2. Copy of Resolution of the Board of County Comm,'.ccioners No. 98-413, approving concept; 3. Copy of proposed Lease Agreement PR/18. COMNIENDATIONS: APPROVE (A) OR REJECT (R) ERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING: . Has the persodfirm ever worked under a contract for this deparhnent? YES NO PLAT1f�liNG COMMISSION A STAFF . Has this perwn/firm ever been a City employee? YES NO QVQ. SERVICE COMMISSION . Does this persod5rm possess a slrill not normally possessed by any YES NO current City employee? cm Comnnrree E lain all YES aaswers on a se arate sheet and attach. UPPORTS WHICH COUNCIL BJECI7VE? OUNCII. WARD(S) ^� DISTRICT PLANIVING COUNCII. 1 TING PROBI.EM, ISSUE� OPPORTONITY (Who, Whay Wheq Where, W6y?): The City plans to replace the present facility at Battle Creek. VANfAGES IF APPROVED: The City will have room to construct the new facility without eliminating needed athletic �elds. m�-..��.+,,.�•� ISADVANTAGES IF APPROVED: �� ,�" � � � � None JUN 2 5 1999 ,��t�; 2z 1°99 -,=a � ;Y - ��; � . ISADVANTAGESIP'NOTAPPROVID: � % �s `�� "&a�` � - n -a The City would have to eliminate athletic fields to construct the new facility. OTAL AMOUNT OF TRANSACTION: $1 QQ COST/REVENOE BUDGETED (CIRCLE ONE) YES NO are souiccE: rJ�A ACTf V1TY NUMBER: N�A ANCIAL IlVFORMAITON: (EXPLAIN) A nominal rent of $1.00 will be paid to Ramsey County. �� '°''�''' � �� Resolution Board of Ramsey County Commissioners � - l �O �C V °resented By Commissioner Benr.ett Date October 13, 1998 No. 9$-413 .ttention: gudgeting and Accounting Greg Mack, Parks and Recreation WHEREAS, Ramsey County, the City of St. Paul and the St. Paul School District own adjacent properties at Battle Creek; and WHEREAS, The three public properties have a long history oP cooperative use and programs on the site; and wHEREAS, The City has hegun glanning the construction of a new building at the Battle Greek Recreation Center; and WHEREAS, Construction of a new building on City Recreation Center property would eliminate badly needed athletic fields; and WHEREAS, The preferred new building site is on County property immediately south of the existing recreation center; and wHEREAS, The location of the new building at this site would not interfere with the use of the regional park; and WHEREAS, The new building will provide support facilities for the regional park recreation users; and WxEREAS, The existing parking lot, which serves the regional park and the recreation center, is located on Ramsey County property and will need to be expanded to serve the new recreation center; Now, Therefore, Be It RESOLVED, That the Board of Ramsey County Commissioners hereby approves, in concept, the placement of the Battle Creek Recreation Center Building and expansion of the existing parking lot on County property, subject to a formal agreement when building and site plans are complete. 4MSEY COUNTY BOARD OF COMMISSION"ERS YE.4 NAY O'I'HER �ny Bennett X � ino Guerin AbSen ie Haigh X zfael Onega X icroria Reinhardt X nice Rettman X , n Wiessner X Susan Haigh, ir B Bonnie C,7ackel� Chicf Clcrk - Co y Boazd e G> I/, �u %c- �-i//r � r= :� � pJr�_t !.Jf��..._, <i/'7 �'t� �`{C� (prla) Revised 7une 21, 1999 Authoriry (C.F. or A.O.) LEASE NO. T�vIS DEPT. LEASE NO. PR/18 DATE: dune 21,1999 LESSOR: RAMSEY COUNTY DEPARTMENT OF PARKS AND RECREATION CITY OF SAINT PAUL STANDARD LEASE AGREEMENT LESSEE: CITY OF SAINT PAUL DEPARTMENT OF PARKS AND RECREATION [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 "I.eased Premises," consisting of 42,550 square feet of land whose address is: Battle Creek Recreation Center and wluch is legally described as: l2� [3] See Exhibit "A", plan or map of leased area which is incorporated herein by this reference. Term of Lease. This lease shall be in effect for a term commencing and ending on the dates indicated below, unless ternunated eazlier by the LESSOR as provided herein. Term (Months/Yeazs) Commencing Date Ending Date 30 years August 1, 1999 July 31, 2029 I,ESSEE, at its option, shall have the right to two extensions of ten years each to the term of this lease agreement. LESSEE shall exercise each option by giving 6 month's prior notice to Lessor of its intention to renew. Use of Premises. The I,ESSEE shall use and occupy the L.eased 1'remises for the following purpose: to construct. operate and maintain a recreation center and for no other purpose without the prior written consent of LESSOR. 1 ��, ��co �4, Ren� (A) Basic Ren� L,ESSEE shall pay all rents in advance, on the first day of the term of the lease and on the fust day of each payment period thereafter as indicated in the Payment Schedule below: Schedule Total Rent � Period Commencing Date $ per period $1.00 30 Years August 1, 1999 $1.00 (B) Additional Rent. LESSEE shall also pay, as Additional Rent, following fees, costs and expenses: (1) �2) (3) (4) (5) all utilities, including electricity, water, gas, sewage and garbage disposal; maintenance and repair; al] public rates, dues, chazges and assessments, general or special, of any kind upon the L,eased Premises; building security; and fire and all-risk insurance premium as set forth in Section (5-A) of this Lease Agreement. LESSEE shall make a11 payments of Basic Rent to the following address: The applicable account number for City Finance Accounting Code is: [5] Tases. L.ESSEE shall be responsible for and pay all taaces and assessments against the L,eased Premises. [6] Riaht 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 the Leased Premises during reasonable business hours to examine and inspect the same, provided that such entry does not interfere with the conduct of official business or compromise securiry of the team station. [7] Insurance. (A) LESSOR'S Insurance. The LESSOR may choose to self-insure under the laws of the State of Minnesota for the purposes of tort claims against the I,ESSOR or shall acquire and keep in effect during the term of this agreement the following coverages: 2 c-,�—ta�U (1) COMMERCIAL GENERAL LIABILTTY INSURANCB including blanket contractual liability coverage and personal injury liability coverage with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shail (a) name the City of Saint Paul as additional insured; (b) be primary with respect to LESSEE'S insurance or self-insurance; (c) contain a standazd cross liability endorsement (d) contain no aggregate policy limit. (2) AUTOMOBIL,E LIABILTTY INSURANCE with minimum limits of $600,000 combined single limit and $1,000,000 aggregate, covering hired, non-owned and owned automobiles_ (3) WORKERS'COMPENSATIONINSURANCEwithnotlessthanstatutoryuunimum limits; and EMPLOYERS' LIABILTTY INSURANCE with minimum limits of at least $100,000 per accident and with an all states endorsement. (4) The limits cited under each insurance requirement above establish minimums; and it is the sole responsibility of the LESSOR to purchase and maintain additional insurance that may be necessazy in relation to this lease. (5) Nothing in this contract shall constitute a waiver by the LESSEE of any statutory limits or exceptions on liability. (6) LESSOR sha11 place the insurance with responsible insurance companies authorized and licensed to do business in the State of Minnesota and approved by L,ESSEE, and shall deliver copies of the policies to LE5SEE on the date of LES5EE'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 LESSEE 30 days' written notice. (7) The LES50R shall supply to LESSEE current insurance certificates for policies required in Paragraph (7). The said certificates shall certify whether or not the agent has errors and omissions insurance coverage. (B) LESSEE'S Insurance. The LESSEE shall acquire during the term of this lease the following coverage: (1) FII2EANDALLRISKINSURANCE,includingfire,extendedcoverageandall-risk insurance covering the I.eased Premises and all property located therein belonging to LESSOR, in an unount equal to 90 percent of the full replacement and reconstruc- tion cost of the property. (2) The LESSEE shall be responsible for the seif insurance of, or the acquisition of Coxnmercial Property Insurance on, its personal property. (3) The LESSEE is self-insured under the laws of the State of Minnesota for the purposes of tort claims against the LESSEE. (C) Waiver of Subrogation. L,ESSOR waives its right of subrogation for damage to the Building, contents therein, loss of use thereof, and( or loss of income, up ta the amount of insurance proceeds collected. LESSEE waives its right of subrogation for damage to property in the I,eased Premises, loss of use thereof, loss of income and/or accounts receivable, up to the amount of their respective insurance proceeds collected. The parties shall notify their respective insurance companies, in writing, of the provisions of this paragraph; and, if either cannot waive its subrogation rights, such party shall immediately notify the other party, in writing. �4-��4.0 [8] Cancellation or Termination. This lease shall not be subject to cancellation and terminauon at any time during the term or optional extension of this agreement. [9] Notice. All 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 LESSOR at the address stated on page (1) and to the L.ESSEE at the Real Estate Division, 140 Ciry 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. [1Qj AssiQnment and Subletting, LESSEE shall not assign or sublet this Lease without the written consent of the L,ESSOR, which consent must be obtained prior to the execution of any agreement to sublease the Leased Premises. [ll] Maintenance and Renairs. LESSEE shall, at its own cost and expense, be responsible for all repairs, maintenance and upkeep of the L,eased Premises, including but not limited to emergency repairs of any kind; routine maintenance and repair to keep the I.eased Premises in good repair, safe and in compliance with applicable fire, health, building and other life-safety codes; and all repairs and maintenance needed to keep the bulldings or structures on the I.eased Premises in good condi- tion, including (a) the exterior (including doors and windows, and any signs erected by the L.ESSEE) and interior structure of the buildings or structures, (b) the roof or roofs, (c) the heating, ventilating and air conditioning systems therein, (d) a11 electrical, plumbing, lighting, mechanical systems, fire suppression equipment i.e. fire sprinkler system; and (e) all grounds, fences and roads within the L.eased Premises. In addition, the LESSEE shall keep the sidewalks within said I.eased Premises at all times free from ice and snow, and shall remove ice and snow from the roof of the I.eased Premises when necessary. The foregoing obligations shall bind the LESSEB regardless of the cause of the damage or condition necessitating the repair or maintenance. [12] Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner temunation of this lease, shall quit peacefully and surrender possession of said properiy and its appurtenances to LE3SOR in as good order and condition as the property was delivered to the LESSEE. [13] Indemnitv. The LESSOR agrees to indemnify, defend, save and hold hannless 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 condition of the premises. The I,ESSEE agrees to indemnify, defend, save and hold harmless the LESSOR 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 condition of the premises. °►G-co`l C� [14] Hoidover. Any holdover after the expiration of the term of this Lease shall be allowed only after receiving the written consent of the L.ESSOR_ Said tenancy shall be deemed to be a tenancy only from month-to-month. All other terms and conditions of this Lease shall be applicable. [15] Pollution and Contaminants. LESSOR and L.ESSEE agree to comply with all ordinances, laws, rules and regulations enacted by any governmentat body or agency relating to the control, abatement or emission of air and water contaminants and the disposal of refuse, solid wastes or liquid wastes_ L,ESSOR and L,ESSEE shall beaz all cost and expense arising from their compliance with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold the other parry harmless from all liability, including without limitation, fines, forfeitures, and penalties arising from the failure by L.ESSOR or LFSSEE to comply with such ordinances, laws, rules or regulations. LESSOR and LESSEE have the right to perform cleanup and bill the other party should the other party fail to comply. [16] Controlling Lease. In the event there is any prior existing lease or rental agreement between LESSEE and LESSOR (or its predecessor in interest) covering the subject property, it is agreed and understood that this I.ease shall cancel and ternunate any prior leases or rental agreements as of the effective date of this lease. [17] Destruction. In the event of damage to or destruction of the I,eased Premises or in the event the premises becomes untenantable or unfit far occupancy due to such damage during the term of this L.ease, LESSEE may at its option: (A) upon fifteen (15) days' written notice to L,ESSOR, perform demolition and cleanup of the L,eased Premises and ternunate the L.ease; or (B) within fifteen (15) days agree to restore the Leased Premises within a reasonable time period following the casualty. [18] Default Remedies. In the event the LESSOR fails to observe and perform any covenant or condition of agreement on its part to be observed or performed as required by this Lease and this failure persists for 3Q days, the LESSEE may, at its election: (A) send notice to L.ESSOR that self help measures will be taken by LESSEE and charged to LESSOR, such charges to be deducted from subsequent payments of Basic and Addiuonal Rent beginning with the rent next due and continuing, should the rent next due be insufFcient to reimburse the I,ESSEE'S expenditures, until such time as LESSEE has been fully reimbursed for said expenditures and reasonable accrued interest; or (B) ternunate this I.ease by giving not less than thirty days' written notice to LESSOR, provided that, should the LESSOR rectify its failure to observe or perform as required within the said thirty day period or by a mutually agreed upon date, said written notice shall be withdrawn. Termination, as provided in this pazagraph shall release the LESSEE of any further obligation to pay Base Rent or Additional Rent, as defined in Pazagraph (4), to L.ESSOR. ��-c�uo [19] Comnliance with Laws. The property described herein may be used for only the purposes stated herein. It is the sole and exciusive responsibility of the LESSEE in the use of the properiy to comply with all laws, rules, regulations or ordinances imposed by any jurisdiction affecting the use to which the proper[y is proposed to be put. The I,ESSOR shall comply with all laws, rules, regulations or ordinances imposed by any jurisdiction affecting conduct on the property, and shall allow no violation of such laws, rules, regulations or ordinances by its agents or employees or by other tenants. [2Q] Liens. Neither the LESSOR nor the LFSSEE shall permit mechanids liens or other liens to be filed or established or to remain against the Leased Pretnises for labor, materials or services fumished in connection with any additions, modifications, improvements, repaus, renewals or replacements made to the L.eased Premises, or for any other reason. The LESSOR and the LESSEE sha11 indemnify, defend, save and hold hannless the other from all claims, demands, actions or causes of action of whatsoever nature or chazacter arising therefrom. In addition, LESSOR agrees to indexnnify, defend save and hold hannless the L.ESSEE from all claims, demands, actions or causes of action of what- soever nature or character azising out of or from any activities of LESSOR or persons or companies under its control and supervision. [21] Eminent Domain. In the event the entire Leased Premises aze taken by eminent domain, or such portion thereof is so taken that in the L.ESSEE'S reasonable judgement it is uneconomic or otherwise impractical thereafter to restore the Leased Premises and proceed under the terms and provisions of this lease, LESSEE may ternvnate this L.ease by giving to the LESSOR thirty days' written notice of ternunation, effective as of the date on which the condemning authority acquires legal tifle to or physical possession of the I.eased Premises. The LESSEE sha11 be entitled to its leasehold interest in all economic damages in the condemnation award. LESSEE may, to the extent otherwise pernutted in the eminent domain proceeding, remove its own trade fixtures at its own expense. [22] LESSEE'S Obli¢ations. The LESSEE will keep the Leased Premises clean and will not allow any condition to exist that would create a nuisance. LESSEE shali not, in any manner, deface or injure, or pernut the defacing or injury of, said Leased Premises or any part thereof. LESSEE shall, at its own expense, repair any injury to the Leased Premises. [23] Non-Disturbance in the Event of Change of Ownership. In the event of the sale of the Leased Premises or foreclosure of the mortgage or any change of ownership by other means, the instrument of transfer shall bind the succeeding owner, as a direct lease between the succeeding owner and the I,ESSEE, to the covenants and obligations of L.ESSOR as described in this Lease Agreement for the balance of the term of said lease. Upon assumption by the succeeding owner of said covenants and obligations, the LESSOR shall be relieved therefrom, provided, however, that the LESSOR shall not be released from any claim resulting from a default of the LES30R occurring prior to the date of such sa1e. L'�- �i�,-b�{C LESSEE shali accept the succeeding owner as LESSOR and shall adhere to all terms and conditions of the LESSEE as described in this Lease Agreement for the balance of the term of said lease and optional extensions. [24] Alterations. The LESSEE will not make any alterations to the premises without giving notice to the LESSOR. I,ESSEE agees 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 buiiding will not be impaired, and that no liens will attach to the premises by reason thereof. [25] LESSEE'S Signs. LESSEE may elect at its own cost and expense to provide and install exterior and interior signage; provided, however, that the size, design and manner of installation of said signage shall be subject to the n approval of the LESSOR. [26] LESSEE'S Personal PronertX LESSOR shall have no ownership interest or obligation to repair or maintain any improvements constructed by the LESSEE or any personal property or equipment brought into the Leased Premises or installed therein by LESSEE for LESSEE'S purposes. [27] Amended. Anything herein contained to the contrary notwithstanding, this Lease may be terminated, and the provisions of this Lease may be, in writing, amended by mutual consent of the parties hereto. !IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and yeaz in this Lease first above-written. Mayor City Clerk �� o�� Director of Technology & Management Services Director of Puks & Recreation �,.�1✓l,�c►.v�� `• zY.99 City Attorney (approval of form) Its Its Its Its County Attorney (approval of form) ��40 0 Return copy to: Real Estate Division 140 City Hall r�or�a s Referred To Committee: Date io ii iz 13 ia is WHEREAS, the City of Saint Paui, Ramsey County and Independent School District 625 own adjacent properties at Battle Creek; and WHEREAS, the three public properties have a long history of cooperative use and programs on the site; and WHEREAS, The City has begun planning the construction of a new building at the Battle Creek Recreation Center; and WHEREAS, Conshuction of a new building on City Recreation Center property would eliminate badly needed athlefic fields; and WHEREAS, the preferred new building site is on Counry property immediately south of the existing recreation center; and WHEREAS, the locaUOn of the new building at this site would not interfere with the use of the regional pazk; and WHEREAS, the new building will provide support facilities for the regional park recreation users; and WHEREAS, the Ramsey County Boazd has approved, in concept, the placement of the new recreauon center on County property; z6 TFIEREFORE BE IT RESOLVED, that the proper City officials are hereby authorized and directed to i� execute an agreement with Ramsey County to lease sufficient land south of the present Battle Creek is Recreation Center for the purpose of constructing, operating and maintaining a new recreation center. Requested by Department of: Adopted by Council: Date Adopti n Certified by Cou By: Approved b Mayor: Date By: s ORlG1�At RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� f Technoloev & Management Services l l ��,� ] By: ] Direct�o�,� � Form Approved by City Attomey Q � � � BY: �� G- 2Y'y °� Council File # �� Green Sheet # �0� �o� — �O v T.M.S./REAL ESTATE DIVISION Da�� June 23,1999 Green Sheet Number: 63767 ntaM Persoa aud Phone Number: 2 EPARTMENT p 4 CI'LY COI7NCII, Dave Nelson 266-8850 1'�" ATT `� y �.Z.7��[C � UDGETDIItECl'OR FFICEOFFINANCIALSVCS. ost be on Comcil Agenda by: ,} ULY ! ��9 3 YOR (OR ASSiST OTAL # OF SIGNATURE PAGES 1(CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: To approve an agreement with Ramsey County to lease sufficient land for the construction of a new recreation center south of the present Battle Creek Recreation Center. Ref: 1. Resolution for consideration; 2. Copy of Resolution of the Board of County Comm,'.ccioners No. 98-413, approving concept; 3. Copy of proposed Lease Agreement PR/18. COMNIENDATIONS: APPROVE (A) OR REJECT (R) ERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING: . Has the persodfirm ever worked under a contract for this deparhnent? YES NO PLAT1f�liNG COMMISSION A STAFF . Has this perwn/firm ever been a City employee? YES NO QVQ. SERVICE COMMISSION . Does this persod5rm possess a slrill not normally possessed by any YES NO current City employee? cm Comnnrree E lain all YES aaswers on a se arate sheet and attach. UPPORTS WHICH COUNCIL BJECI7VE? OUNCII. WARD(S) ^� DISTRICT PLANIVING COUNCII. 1 TING PROBI.EM, ISSUE� OPPORTONITY (Who, Whay Wheq Where, W6y?): The City plans to replace the present facility at Battle Creek. VANfAGES IF APPROVED: The City will have room to construct the new facility without eliminating needed athletic �elds. m�-..��.+,,.�•� ISADVANTAGES IF APPROVED: �� ,�" � � � � None JUN 2 5 1999 ,��t�; 2z 1°99 -,=a � ;Y - ��; � . ISADVANTAGESIP'NOTAPPROVID: � % �s `�� "&a�` � - n -a The City would have to eliminate athletic fields to construct the new facility. OTAL AMOUNT OF TRANSACTION: $1 QQ COST/REVENOE BUDGETED (CIRCLE ONE) YES NO are souiccE: rJ�A ACTf V1TY NUMBER: N�A ANCIAL IlVFORMAITON: (EXPLAIN) A nominal rent of $1.00 will be paid to Ramsey County. �� '°''�''' � �� Resolution Board of Ramsey County Commissioners � - l �O �C V °resented By Commissioner Benr.ett Date October 13, 1998 No. 9$-413 .ttention: gudgeting and Accounting Greg Mack, Parks and Recreation WHEREAS, Ramsey County, the City of St. Paul and the St. Paul School District own adjacent properties at Battle Creek; and WHEREAS, The three public properties have a long history oP cooperative use and programs on the site; and wHEREAS, The City has hegun glanning the construction of a new building at the Battle Greek Recreation Center; and WHEREAS, Construction of a new building on City Recreation Center property would eliminate badly needed athletic fields; and WHEREAS, The preferred new building site is on County property immediately south of the existing recreation center; and wHEREAS, The location of the new building at this site would not interfere with the use of the regional park; and WHEREAS, The new building will provide support facilities for the regional park recreation users; and WxEREAS, The existing parking lot, which serves the regional park and the recreation center, is located on Ramsey County property and will need to be expanded to serve the new recreation center; Now, Therefore, Be It RESOLVED, That the Board of Ramsey County Commissioners hereby approves, in concept, the placement of the Battle Creek Recreation Center Building and expansion of the existing parking lot on County property, subject to a formal agreement when building and site plans are complete. 4MSEY COUNTY BOARD OF COMMISSION"ERS YE.4 NAY O'I'HER �ny Bennett X � ino Guerin AbSen ie Haigh X zfael Onega X icroria Reinhardt X nice Rettman X , n Wiessner X Susan Haigh, ir B Bonnie C,7ackel� Chicf Clcrk - Co y Boazd e G> I/, �u %c- �-i//r � r= :� � pJr�_t !.Jf��..._, <i/'7 �'t� �`{C� (prla) Revised 7une 21, 1999 Authoriry (C.F. or A.O.) LEASE NO. T�vIS DEPT. LEASE NO. PR/18 DATE: dune 21,1999 LESSOR: RAMSEY COUNTY DEPARTMENT OF PARKS AND RECREATION CITY OF SAINT PAUL STANDARD LEASE AGREEMENT LESSEE: CITY OF SAINT PAUL DEPARTMENT OF PARKS AND RECREATION [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 "I.eased Premises," consisting of 42,550 square feet of land whose address is: Battle Creek Recreation Center and wluch is legally described as: l2� [3] See Exhibit "A", plan or map of leased area which is incorporated herein by this reference. Term of Lease. This lease shall be in effect for a term commencing and ending on the dates indicated below, unless ternunated eazlier by the LESSOR as provided herein. Term (Months/Yeazs) Commencing Date Ending Date 30 years August 1, 1999 July 31, 2029 I,ESSEE, at its option, shall have the right to two extensions of ten years each to the term of this lease agreement. LESSEE shall exercise each option by giving 6 month's prior notice to Lessor of its intention to renew. Use of Premises. The I,ESSEE shall use and occupy the L.eased 1'remises for the following purpose: to construct. operate and maintain a recreation center and for no other purpose without the prior written consent of LESSOR. 1 ��, ��co �4, Ren� (A) Basic Ren� L,ESSEE shall pay all rents in advance, on the first day of the term of the lease and on the fust day of each payment period thereafter as indicated in the Payment Schedule below: Schedule Total Rent � Period Commencing Date $ per period $1.00 30 Years August 1, 1999 $1.00 (B) Additional Rent. LESSEE shall also pay, as Additional Rent, following fees, costs and expenses: (1) �2) (3) (4) (5) all utilities, including electricity, water, gas, sewage and garbage disposal; maintenance and repair; al] public rates, dues, chazges and assessments, general or special, of any kind upon the L,eased Premises; building security; and fire and all-risk insurance premium as set forth in Section (5-A) of this Lease Agreement. LESSEE shall make a11 payments of Basic Rent to the following address: The applicable account number for City Finance Accounting Code is: [5] Tases. L.ESSEE shall be responsible for and pay all taaces and assessments against the L,eased Premises. [6] Riaht 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 the Leased Premises during reasonable business hours to examine and inspect the same, provided that such entry does not interfere with the conduct of official business or compromise securiry of the team station. [7] Insurance. (A) LESSOR'S Insurance. The LESSOR may choose to self-insure under the laws of the State of Minnesota for the purposes of tort claims against the I,ESSOR or shall acquire and keep in effect during the term of this agreement the following coverages: 2 c-,�—ta�U (1) COMMERCIAL GENERAL LIABILTTY INSURANCB including blanket contractual liability coverage and personal injury liability coverage with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shail (a) name the City of Saint Paul as additional insured; (b) be primary with respect to LESSEE'S insurance or self-insurance; (c) contain a standazd cross liability endorsement (d) contain no aggregate policy limit. (2) AUTOMOBIL,E LIABILTTY INSURANCE with minimum limits of $600,000 combined single limit and $1,000,000 aggregate, covering hired, non-owned and owned automobiles_ (3) WORKERS'COMPENSATIONINSURANCEwithnotlessthanstatutoryuunimum limits; and EMPLOYERS' LIABILTTY INSURANCE with minimum limits of at least $100,000 per accident and with an all states endorsement. (4) The limits cited under each insurance requirement above establish minimums; and it is the sole responsibility of the LESSOR to purchase and maintain additional insurance that may be necessazy in relation to this lease. (5) Nothing in this contract shall constitute a waiver by the LESSEE of any statutory limits or exceptions on liability. (6) LESSOR sha11 place the insurance with responsible insurance companies authorized and licensed to do business in the State of Minnesota and approved by L,ESSEE, and shall deliver copies of the policies to LE5SEE on the date of LES5EE'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 LESSEE 30 days' written notice. (7) The LES50R shall supply to LESSEE current insurance certificates for policies required in Paragraph (7). The said certificates shall certify whether or not the agent has errors and omissions insurance coverage. (B) LESSEE'S Insurance. The LESSEE shall acquire during the term of this lease the following coverage: (1) FII2EANDALLRISKINSURANCE,includingfire,extendedcoverageandall-risk insurance covering the I.eased Premises and all property located therein belonging to LESSOR, in an unount equal to 90 percent of the full replacement and reconstruc- tion cost of the property. (2) The LESSEE shall be responsible for the seif insurance of, or the acquisition of Coxnmercial Property Insurance on, its personal property. (3) The LESSEE is self-insured under the laws of the State of Minnesota for the purposes of tort claims against the LESSEE. (C) Waiver of Subrogation. L,ESSOR waives its right of subrogation for damage to the Building, contents therein, loss of use thereof, and( or loss of income, up ta the amount of insurance proceeds collected. LESSEE waives its right of subrogation for damage to property in the I,eased Premises, loss of use thereof, loss of income and/or accounts receivable, up to the amount of their respective insurance proceeds collected. The parties shall notify their respective insurance companies, in writing, of the provisions of this paragraph; and, if either cannot waive its subrogation rights, such party shall immediately notify the other party, in writing. �4-��4.0 [8] Cancellation or Termination. This lease shall not be subject to cancellation and terminauon at any time during the term or optional extension of this agreement. [9] Notice. All 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 LESSOR at the address stated on page (1) and to the L.ESSEE at the Real Estate Division, 140 Ciry 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. [1Qj AssiQnment and Subletting, LESSEE shall not assign or sublet this Lease without the written consent of the L,ESSOR, which consent must be obtained prior to the execution of any agreement to sublease the Leased Premises. [ll] Maintenance and Renairs. LESSEE shall, at its own cost and expense, be responsible for all repairs, maintenance and upkeep of the L,eased Premises, including but not limited to emergency repairs of any kind; routine maintenance and repair to keep the I.eased Premises in good repair, safe and in compliance with applicable fire, health, building and other life-safety codes; and all repairs and maintenance needed to keep the bulldings or structures on the I.eased Premises in good condi- tion, including (a) the exterior (including doors and windows, and any signs erected by the L.ESSEE) and interior structure of the buildings or structures, (b) the roof or roofs, (c) the heating, ventilating and air conditioning systems therein, (d) a11 electrical, plumbing, lighting, mechanical systems, fire suppression equipment i.e. fire sprinkler system; and (e) all grounds, fences and roads within the L.eased Premises. In addition, the LESSEE shall keep the sidewalks within said I.eased Premises at all times free from ice and snow, and shall remove ice and snow from the roof of the I.eased Premises when necessary. The foregoing obligations shall bind the LESSEB regardless of the cause of the damage or condition necessitating the repair or maintenance. [12] Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner temunation of this lease, shall quit peacefully and surrender possession of said properiy and its appurtenances to LE3SOR in as good order and condition as the property was delivered to the LESSEE. [13] Indemnitv. The LESSOR agrees to indemnify, defend, save and hold hannless 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 condition of the premises. The I,ESSEE agrees to indemnify, defend, save and hold harmless the LESSOR 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 condition of the premises. °►G-co`l C� [14] Hoidover. Any holdover after the expiration of the term of this Lease shall be allowed only after receiving the written consent of the L.ESSOR_ Said tenancy shall be deemed to be a tenancy only from month-to-month. All other terms and conditions of this Lease shall be applicable. [15] Pollution and Contaminants. LESSOR and L.ESSEE agree to comply with all ordinances, laws, rules and regulations enacted by any governmentat body or agency relating to the control, abatement or emission of air and water contaminants and the disposal of refuse, solid wastes or liquid wastes_ L,ESSOR and L,ESSEE shall beaz all cost and expense arising from their compliance with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold the other parry harmless from all liability, including without limitation, fines, forfeitures, and penalties arising from the failure by L.ESSOR or LFSSEE to comply with such ordinances, laws, rules or regulations. LESSOR and LESSEE have the right to perform cleanup and bill the other party should the other party fail to comply. [16] Controlling Lease. In the event there is any prior existing lease or rental agreement between LESSEE and LESSOR (or its predecessor in interest) covering the subject property, it is agreed and understood that this I.ease shall cancel and ternunate any prior leases or rental agreements as of the effective date of this lease. [17] Destruction. In the event of damage to or destruction of the I,eased Premises or in the event the premises becomes untenantable or unfit far occupancy due to such damage during the term of this L.ease, LESSEE may at its option: (A) upon fifteen (15) days' written notice to L,ESSOR, perform demolition and cleanup of the L,eased Premises and ternunate the L.ease; or (B) within fifteen (15) days agree to restore the Leased Premises within a reasonable time period following the casualty. [18] Default Remedies. In the event the LESSOR fails to observe and perform any covenant or condition of agreement on its part to be observed or performed as required by this Lease and this failure persists for 3Q days, the LESSEE may, at its election: (A) send notice to L.ESSOR that self help measures will be taken by LESSEE and charged to LESSOR, such charges to be deducted from subsequent payments of Basic and Addiuonal Rent beginning with the rent next due and continuing, should the rent next due be insufFcient to reimburse the I,ESSEE'S expenditures, until such time as LESSEE has been fully reimbursed for said expenditures and reasonable accrued interest; or (B) ternunate this I.ease by giving not less than thirty days' written notice to LESSOR, provided that, should the LESSOR rectify its failure to observe or perform as required within the said thirty day period or by a mutually agreed upon date, said written notice shall be withdrawn. Termination, as provided in this pazagraph shall release the LESSEE of any further obligation to pay Base Rent or Additional Rent, as defined in Pazagraph (4), to L.ESSOR. ��-c�uo [19] Comnliance with Laws. The property described herein may be used for only the purposes stated herein. It is the sole and exciusive responsibility of the LESSEE in the use of the properiy to comply with all laws, rules, regulations or ordinances imposed by any jurisdiction affecting the use to which the proper[y is proposed to be put. The I,ESSOR shall comply with all laws, rules, regulations or ordinances imposed by any jurisdiction affecting conduct on the property, and shall allow no violation of such laws, rules, regulations or ordinances by its agents or employees or by other tenants. [2Q] Liens. Neither the LESSOR nor the LFSSEE shall permit mechanids liens or other liens to be filed or established or to remain against the Leased Pretnises for labor, materials or services fumished in connection with any additions, modifications, improvements, repaus, renewals or replacements made to the L.eased Premises, or for any other reason. The LESSOR and the LESSEE sha11 indemnify, defend, save and hold hannless the other from all claims, demands, actions or causes of action of whatsoever nature or chazacter arising therefrom. In addition, LESSOR agrees to indexnnify, defend save and hold hannless the L.ESSEE from all claims, demands, actions or causes of action of what- soever nature or character azising out of or from any activities of LESSOR or persons or companies under its control and supervision. [21] Eminent Domain. In the event the entire Leased Premises aze taken by eminent domain, or such portion thereof is so taken that in the L.ESSEE'S reasonable judgement it is uneconomic or otherwise impractical thereafter to restore the Leased Premises and proceed under the terms and provisions of this lease, LESSEE may ternvnate this L.ease by giving to the LESSOR thirty days' written notice of ternunation, effective as of the date on which the condemning authority acquires legal tifle to or physical possession of the I.eased Premises. The LESSEE sha11 be entitled to its leasehold interest in all economic damages in the condemnation award. LESSEE may, to the extent otherwise pernutted in the eminent domain proceeding, remove its own trade fixtures at its own expense. [22] LESSEE'S Obli¢ations. The LESSEE will keep the Leased Premises clean and will not allow any condition to exist that would create a nuisance. LESSEE shali not, in any manner, deface or injure, or pernut the defacing or injury of, said Leased Premises or any part thereof. LESSEE shall, at its own expense, repair any injury to the Leased Premises. [23] Non-Disturbance in the Event of Change of Ownership. In the event of the sale of the Leased Premises or foreclosure of the mortgage or any change of ownership by other means, the instrument of transfer shall bind the succeeding owner, as a direct lease between the succeeding owner and the I,ESSEE, to the covenants and obligations of L.ESSOR as described in this Lease Agreement for the balance of the term of said lease. Upon assumption by the succeeding owner of said covenants and obligations, the LESSOR shall be relieved therefrom, provided, however, that the LESSOR shall not be released from any claim resulting from a default of the LES30R occurring prior to the date of such sa1e. L'�- �i�,-b�{C LESSEE shali accept the succeeding owner as LESSOR and shall adhere to all terms and conditions of the LESSEE as described in this Lease Agreement for the balance of the term of said lease and optional extensions. [24] Alterations. The LESSEE will not make any alterations to the premises without giving notice to the LESSOR. I,ESSEE agees 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 buiiding will not be impaired, and that no liens will attach to the premises by reason thereof. [25] LESSEE'S Signs. LESSEE may elect at its own cost and expense to provide and install exterior and interior signage; provided, however, that the size, design and manner of installation of said signage shall be subject to the n approval of the LESSOR. [26] LESSEE'S Personal PronertX LESSOR shall have no ownership interest or obligation to repair or maintain any improvements constructed by the LESSEE or any personal property or equipment brought into the Leased Premises or installed therein by LESSEE for LESSEE'S purposes. [27] Amended. Anything herein contained to the contrary notwithstanding, this Lease may be terminated, and the provisions of this Lease may be, in writing, amended by mutual consent of the parties hereto. !IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and yeaz in this Lease first above-written. Mayor City Clerk �� o�� Director of Technology & Management Services Director of Puks & Recreation �,.�1✓l,�c►.v�� `• zY.99 City Attorney (approval of form) Its Its Its Its County Attorney (approval of form) ��40 0 Return copy to: Real Estate Division 140 City Hall r�or�a s Referred To Committee: Date io ii iz 13 ia is WHEREAS, the City of Saint Paui, Ramsey County and Independent School District 625 own adjacent properties at Battle Creek; and WHEREAS, the three public properties have a long history of cooperative use and programs on the site; and WHEREAS, The City has begun planning the construction of a new building at the Battle Creek Recreation Center; and WHEREAS, Conshuction of a new building on City Recreation Center property would eliminate badly needed athlefic fields; and WHEREAS, the preferred new building site is on Counry property immediately south of the existing recreation center; and WHEREAS, the locaUOn of the new building at this site would not interfere with the use of the regional pazk; and WHEREAS, the new building will provide support facilities for the regional park recreation users; and WHEREAS, the Ramsey County Boazd has approved, in concept, the placement of the new recreauon center on County property; z6 TFIEREFORE BE IT RESOLVED, that the proper City officials are hereby authorized and directed to i� execute an agreement with Ramsey County to lease sufficient land south of the present Battle Creek is Recreation Center for the purpose of constructing, operating and maintaining a new recreation center. Requested by Department of: Adopted by Council: Date Adopti n Certified by Cou By: Approved b Mayor: Date By: s ORlG1�At RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� f Technoloev & Management Services l l ��,� ] By: ] Direct�o�,� � Form Approved by City Attomey Q � � � BY: �� G- 2Y'y °� Council File # �� Green Sheet # �0� �o� — �O v T.M.S./REAL ESTATE DIVISION Da�� June 23,1999 Green Sheet Number: 63767 ntaM Persoa aud Phone Number: 2 EPARTMENT p 4 CI'LY COI7NCII, Dave Nelson 266-8850 1'�" ATT `� y �.Z.7��[C � UDGETDIItECl'OR FFICEOFFINANCIALSVCS. ost be on Comcil Agenda by: ,} ULY ! ��9 3 YOR (OR ASSiST OTAL # OF SIGNATURE PAGES 1(CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: To approve an agreement with Ramsey County to lease sufficient land for the construction of a new recreation center south of the present Battle Creek Recreation Center. Ref: 1. Resolution for consideration; 2. Copy of Resolution of the Board of County Comm,'.ccioners No. 98-413, approving concept; 3. Copy of proposed Lease Agreement PR/18. COMNIENDATIONS: APPROVE (A) OR REJECT (R) ERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING: . Has the persodfirm ever worked under a contract for this deparhnent? YES NO PLAT1f�liNG COMMISSION A STAFF . Has this perwn/firm ever been a City employee? YES NO QVQ. SERVICE COMMISSION . Does this persod5rm possess a slrill not normally possessed by any YES NO current City employee? cm Comnnrree E lain all YES aaswers on a se arate sheet and attach. UPPORTS WHICH COUNCIL BJECI7VE? OUNCII. WARD(S) ^� DISTRICT PLANIVING COUNCII. 1 TING PROBI.EM, ISSUE� OPPORTONITY (Who, Whay Wheq Where, W6y?): The City plans to replace the present facility at Battle Creek. VANfAGES IF APPROVED: The City will have room to construct the new facility without eliminating needed athletic �elds. m�-..��.+,,.�•� ISADVANTAGES IF APPROVED: �� ,�" � � � � None JUN 2 5 1999 ,��t�; 2z 1°99 -,=a � ;Y - ��; � . ISADVANTAGESIP'NOTAPPROVID: � % �s `�� "&a�` � - n -a The City would have to eliminate athletic fields to construct the new facility. OTAL AMOUNT OF TRANSACTION: $1 QQ COST/REVENOE BUDGETED (CIRCLE ONE) YES NO are souiccE: rJ�A ACTf V1TY NUMBER: N�A ANCIAL IlVFORMAITON: (EXPLAIN) A nominal rent of $1.00 will be paid to Ramsey County. �� '°''�''' � �� Resolution Board of Ramsey County Commissioners � - l �O �C V °resented By Commissioner Benr.ett Date October 13, 1998 No. 9$-413 .ttention: gudgeting and Accounting Greg Mack, Parks and Recreation WHEREAS, Ramsey County, the City of St. Paul and the St. Paul School District own adjacent properties at Battle Creek; and WHEREAS, The three public properties have a long history oP cooperative use and programs on the site; and wHEREAS, The City has hegun glanning the construction of a new building at the Battle Greek Recreation Center; and WHEREAS, Construction of a new building on City Recreation Center property would eliminate badly needed athletic fields; and WHEREAS, The preferred new building site is on County property immediately south of the existing recreation center; and wHEREAS, The location of the new building at this site would not interfere with the use of the regional park; and WHEREAS, The new building will provide support facilities for the regional park recreation users; and WxEREAS, The existing parking lot, which serves the regional park and the recreation center, is located on Ramsey County property and will need to be expanded to serve the new recreation center; Now, Therefore, Be It RESOLVED, That the Board of Ramsey County Commissioners hereby approves, in concept, the placement of the Battle Creek Recreation Center Building and expansion of the existing parking lot on County property, subject to a formal agreement when building and site plans are complete. 4MSEY COUNTY BOARD OF COMMISSION"ERS YE.4 NAY O'I'HER �ny Bennett X � ino Guerin AbSen ie Haigh X zfael Onega X icroria Reinhardt X nice Rettman X , n Wiessner X Susan Haigh, ir B Bonnie C,7ackel� Chicf Clcrk - Co y Boazd e G> I/, �u %c- �-i//r � r= :� � pJr�_t !.Jf��..._, <i/'7 �'t� �`{C� (prla) Revised 7une 21, 1999 Authoriry (C.F. or A.O.) LEASE NO. T�vIS DEPT. LEASE NO. PR/18 DATE: dune 21,1999 LESSOR: RAMSEY COUNTY DEPARTMENT OF PARKS AND RECREATION CITY OF SAINT PAUL STANDARD LEASE AGREEMENT LESSEE: CITY OF SAINT PAUL DEPARTMENT OF PARKS AND RECREATION [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 "I.eased Premises," consisting of 42,550 square feet of land whose address is: Battle Creek Recreation Center and wluch is legally described as: l2� [3] See Exhibit "A", plan or map of leased area which is incorporated herein by this reference. Term of Lease. This lease shall be in effect for a term commencing and ending on the dates indicated below, unless ternunated eazlier by the LESSOR as provided herein. Term (Months/Yeazs) Commencing Date Ending Date 30 years August 1, 1999 July 31, 2029 I,ESSEE, at its option, shall have the right to two extensions of ten years each to the term of this lease agreement. LESSEE shall exercise each option by giving 6 month's prior notice to Lessor of its intention to renew. Use of Premises. The I,ESSEE shall use and occupy the L.eased 1'remises for the following purpose: to construct. operate and maintain a recreation center and for no other purpose without the prior written consent of LESSOR. 1 ��, ��co �4, Ren� (A) Basic Ren� L,ESSEE shall pay all rents in advance, on the first day of the term of the lease and on the fust day of each payment period thereafter as indicated in the Payment Schedule below: Schedule Total Rent � Period Commencing Date $ per period $1.00 30 Years August 1, 1999 $1.00 (B) Additional Rent. LESSEE shall also pay, as Additional Rent, following fees, costs and expenses: (1) �2) (3) (4) (5) all utilities, including electricity, water, gas, sewage and garbage disposal; maintenance and repair; al] public rates, dues, chazges and assessments, general or special, of any kind upon the L,eased Premises; building security; and fire and all-risk insurance premium as set forth in Section (5-A) of this Lease Agreement. LESSEE shall make a11 payments of Basic Rent to the following address: The applicable account number for City Finance Accounting Code is: [5] Tases. L.ESSEE shall be responsible for and pay all taaces and assessments against the L,eased Premises. [6] Riaht 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 the Leased Premises during reasonable business hours to examine and inspect the same, provided that such entry does not interfere with the conduct of official business or compromise securiry of the team station. [7] Insurance. (A) LESSOR'S Insurance. The LESSOR may choose to self-insure under the laws of the State of Minnesota for the purposes of tort claims against the I,ESSOR or shall acquire and keep in effect during the term of this agreement the following coverages: 2 c-,�—ta�U (1) COMMERCIAL GENERAL LIABILTTY INSURANCB including blanket contractual liability coverage and personal injury liability coverage with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shail (a) name the City of Saint Paul as additional insured; (b) be primary with respect to LESSEE'S insurance or self-insurance; (c) contain a standazd cross liability endorsement (d) contain no aggregate policy limit. (2) AUTOMOBIL,E LIABILTTY INSURANCE with minimum limits of $600,000 combined single limit and $1,000,000 aggregate, covering hired, non-owned and owned automobiles_ (3) WORKERS'COMPENSATIONINSURANCEwithnotlessthanstatutoryuunimum limits; and EMPLOYERS' LIABILTTY INSURANCE with minimum limits of at least $100,000 per accident and with an all states endorsement. (4) The limits cited under each insurance requirement above establish minimums; and it is the sole responsibility of the LESSOR to purchase and maintain additional insurance that may be necessazy in relation to this lease. (5) Nothing in this contract shall constitute a waiver by the LESSEE of any statutory limits or exceptions on liability. (6) LESSOR sha11 place the insurance with responsible insurance companies authorized and licensed to do business in the State of Minnesota and approved by L,ESSEE, and shall deliver copies of the policies to LE5SEE on the date of LES5EE'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 LESSEE 30 days' written notice. (7) The LES50R shall supply to LESSEE current insurance certificates for policies required in Paragraph (7). The said certificates shall certify whether or not the agent has errors and omissions insurance coverage. (B) LESSEE'S Insurance. The LESSEE shall acquire during the term of this lease the following coverage: (1) FII2EANDALLRISKINSURANCE,includingfire,extendedcoverageandall-risk insurance covering the I.eased Premises and all property located therein belonging to LESSOR, in an unount equal to 90 percent of the full replacement and reconstruc- tion cost of the property. (2) The LESSEE shall be responsible for the seif insurance of, or the acquisition of Coxnmercial Property Insurance on, its personal property. (3) The LESSEE is self-insured under the laws of the State of Minnesota for the purposes of tort claims against the LESSEE. (C) Waiver of Subrogation. L,ESSOR waives its right of subrogation for damage to the Building, contents therein, loss of use thereof, and( or loss of income, up ta the amount of insurance proceeds collected. LESSEE waives its right of subrogation for damage to property in the I,eased Premises, loss of use thereof, loss of income and/or accounts receivable, up to the amount of their respective insurance proceeds collected. The parties shall notify their respective insurance companies, in writing, of the provisions of this paragraph; and, if either cannot waive its subrogation rights, such party shall immediately notify the other party, in writing. �4-��4.0 [8] Cancellation or Termination. This lease shall not be subject to cancellation and terminauon at any time during the term or optional extension of this agreement. [9] Notice. All 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 LESSOR at the address stated on page (1) and to the L.ESSEE at the Real Estate Division, 140 Ciry 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. [1Qj AssiQnment and Subletting, LESSEE shall not assign or sublet this Lease without the written consent of the L,ESSOR, which consent must be obtained prior to the execution of any agreement to sublease the Leased Premises. [ll] Maintenance and Renairs. LESSEE shall, at its own cost and expense, be responsible for all repairs, maintenance and upkeep of the L,eased Premises, including but not limited to emergency repairs of any kind; routine maintenance and repair to keep the I.eased Premises in good repair, safe and in compliance with applicable fire, health, building and other life-safety codes; and all repairs and maintenance needed to keep the bulldings or structures on the I.eased Premises in good condi- tion, including (a) the exterior (including doors and windows, and any signs erected by the L.ESSEE) and interior structure of the buildings or structures, (b) the roof or roofs, (c) the heating, ventilating and air conditioning systems therein, (d) a11 electrical, plumbing, lighting, mechanical systems, fire suppression equipment i.e. fire sprinkler system; and (e) all grounds, fences and roads within the L.eased Premises. In addition, the LESSEE shall keep the sidewalks within said I.eased Premises at all times free from ice and snow, and shall remove ice and snow from the roof of the I.eased Premises when necessary. The foregoing obligations shall bind the LESSEB regardless of the cause of the damage or condition necessitating the repair or maintenance. [12] Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner temunation of this lease, shall quit peacefully and surrender possession of said properiy and its appurtenances to LE3SOR in as good order and condition as the property was delivered to the LESSEE. [13] Indemnitv. The LESSOR agrees to indemnify, defend, save and hold hannless 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 condition of the premises. The I,ESSEE agrees to indemnify, defend, save and hold harmless the LESSOR 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 condition of the premises. °►G-co`l C� [14] Hoidover. Any holdover after the expiration of the term of this Lease shall be allowed only after receiving the written consent of the L.ESSOR_ Said tenancy shall be deemed to be a tenancy only from month-to-month. All other terms and conditions of this Lease shall be applicable. [15] Pollution and Contaminants. LESSOR and L.ESSEE agree to comply with all ordinances, laws, rules and regulations enacted by any governmentat body or agency relating to the control, abatement or emission of air and water contaminants and the disposal of refuse, solid wastes or liquid wastes_ L,ESSOR and L,ESSEE shall beaz all cost and expense arising from their compliance with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold the other parry harmless from all liability, including without limitation, fines, forfeitures, and penalties arising from the failure by L.ESSOR or LFSSEE to comply with such ordinances, laws, rules or regulations. LESSOR and LESSEE have the right to perform cleanup and bill the other party should the other party fail to comply. [16] Controlling Lease. In the event there is any prior existing lease or rental agreement between LESSEE and LESSOR (or its predecessor in interest) covering the subject property, it is agreed and understood that this I.ease shall cancel and ternunate any prior leases or rental agreements as of the effective date of this lease. [17] Destruction. In the event of damage to or destruction of the I,eased Premises or in the event the premises becomes untenantable or unfit far occupancy due to such damage during the term of this L.ease, LESSEE may at its option: (A) upon fifteen (15) days' written notice to L,ESSOR, perform demolition and cleanup of the L,eased Premises and ternunate the L.ease; or (B) within fifteen (15) days agree to restore the Leased Premises within a reasonable time period following the casualty. [18] Default Remedies. In the event the LESSOR fails to observe and perform any covenant or condition of agreement on its part to be observed or performed as required by this Lease and this failure persists for 3Q days, the LESSEE may, at its election: (A) send notice to L.ESSOR that self help measures will be taken by LESSEE and charged to LESSOR, such charges to be deducted from subsequent payments of Basic and Addiuonal Rent beginning with the rent next due and continuing, should the rent next due be insufFcient to reimburse the I,ESSEE'S expenditures, until such time as LESSEE has been fully reimbursed for said expenditures and reasonable accrued interest; or (B) ternunate this I.ease by giving not less than thirty days' written notice to LESSOR, provided that, should the LESSOR rectify its failure to observe or perform as required within the said thirty day period or by a mutually agreed upon date, said written notice shall be withdrawn. Termination, as provided in this pazagraph shall release the LESSEE of any further obligation to pay Base Rent or Additional Rent, as defined in Pazagraph (4), to L.ESSOR. ��-c�uo [19] Comnliance with Laws. The property described herein may be used for only the purposes stated herein. It is the sole and exciusive responsibility of the LESSEE in the use of the properiy to comply with all laws, rules, regulations or ordinances imposed by any jurisdiction affecting the use to which the proper[y is proposed to be put. The I,ESSOR shall comply with all laws, rules, regulations or ordinances imposed by any jurisdiction affecting conduct on the property, and shall allow no violation of such laws, rules, regulations or ordinances by its agents or employees or by other tenants. [2Q] Liens. Neither the LESSOR nor the LFSSEE shall permit mechanids liens or other liens to be filed or established or to remain against the Leased Pretnises for labor, materials or services fumished in connection with any additions, modifications, improvements, repaus, renewals or replacements made to the L.eased Premises, or for any other reason. The LESSOR and the LESSEE sha11 indemnify, defend, save and hold hannless the other from all claims, demands, actions or causes of action of whatsoever nature or chazacter arising therefrom. In addition, LESSOR agrees to indexnnify, defend save and hold hannless the L.ESSEE from all claims, demands, actions or causes of action of what- soever nature or character azising out of or from any activities of LESSOR or persons or companies under its control and supervision. [21] Eminent Domain. In the event the entire Leased Premises aze taken by eminent domain, or such portion thereof is so taken that in the L.ESSEE'S reasonable judgement it is uneconomic or otherwise impractical thereafter to restore the Leased Premises and proceed under the terms and provisions of this lease, LESSEE may ternvnate this L.ease by giving to the LESSOR thirty days' written notice of ternunation, effective as of the date on which the condemning authority acquires legal tifle to or physical possession of the I.eased Premises. The LESSEE sha11 be entitled to its leasehold interest in all economic damages in the condemnation award. LESSEE may, to the extent otherwise pernutted in the eminent domain proceeding, remove its own trade fixtures at its own expense. [22] LESSEE'S Obli¢ations. The LESSEE will keep the Leased Premises clean and will not allow any condition to exist that would create a nuisance. LESSEE shali not, in any manner, deface or injure, or pernut the defacing or injury of, said Leased Premises or any part thereof. LESSEE shall, at its own expense, repair any injury to the Leased Premises. [23] Non-Disturbance in the Event of Change of Ownership. In the event of the sale of the Leased Premises or foreclosure of the mortgage or any change of ownership by other means, the instrument of transfer shall bind the succeeding owner, as a direct lease between the succeeding owner and the I,ESSEE, to the covenants and obligations of L.ESSOR as described in this Lease Agreement for the balance of the term of said lease. Upon assumption by the succeeding owner of said covenants and obligations, the LESSOR shall be relieved therefrom, provided, however, that the LESSOR shall not be released from any claim resulting from a default of the LES30R occurring prior to the date of such sa1e. L'�- �i�,-b�{C LESSEE shali accept the succeeding owner as LESSOR and shall adhere to all terms and conditions of the LESSEE as described in this Lease Agreement for the balance of the term of said lease and optional extensions. [24] Alterations. The LESSEE will not make any alterations to the premises without giving notice to the LESSOR. I,ESSEE agees 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 buiiding will not be impaired, and that no liens will attach to the premises by reason thereof. [25] LESSEE'S Signs. LESSEE may elect at its own cost and expense to provide and install exterior and interior signage; provided, however, that the size, design and manner of installation of said signage shall be subject to the n approval of the LESSOR. [26] LESSEE'S Personal PronertX LESSOR shall have no ownership interest or obligation to repair or maintain any improvements constructed by the LESSEE or any personal property or equipment brought into the Leased Premises or installed therein by LESSEE for LESSEE'S purposes. [27] Amended. Anything herein contained to the contrary notwithstanding, this Lease may be terminated, and the provisions of this Lease may be, in writing, amended by mutual consent of the parties hereto. !IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and yeaz in this Lease first above-written. Mayor City Clerk �� o�� Director of Technology & Management Services Director of Puks & Recreation �,.�1✓l,�c►.v�� `• zY.99 City Attorney (approval of form) Its Its Its Its County Attorney (approval of form) ��40 0