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99-825Return copy to: Real Estate Division 140 City Hall ORIGINAL RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date io ii iz WHEREAS, since 1980 the City has leased, through Lease Agreement PW/12, approximately 9,660-- subsequently reduced to 3,700--square feet of vacant land to Elizabeth Schmidt for personal use; and WHEREAS, said L.ease Agreement PW/12 expired on September 30, 1998 and has continued on a month-to-month basis; and WHEREAS, it is the expressed intention of the parties thereto to extend the term of said I,ease Agreement PW/12 through September 30, 2004; NOW THEREFORE BE IT RESOLVED, that the proper City Officials are hereby authorized and directed to execute I.ease Agreement PW/12. Requested by Department of: �.•. -� . • �. - \ . .... -.•. . - . � • � -�- : ►i:1 . �! _� : : . � • -. .'�l� t ,��!'-� _ L.l�; Technologv & Management Services B �� `�� i{�� l,�— Director� Form Approved by City Attorney � `� �o�,�\q By: �-ccs'� /�/6✓�yw`a� j�':�'' Approv Mayor for Submission to Council By: � Council File # qq-8' Green Sheet # 095 .r � T.M.S./REAL ESTATE DIVISION Date: August 9,1999 Gree heet Number: 09500 onfact Persou and Phone Number: � 2 EPAR � �� '�l 4 CI'CY COONCII. G/ Dave Nelson � 266-8850 1 �T�'ATrORNEY� CLERK UDGET DIItECfOR FF[CE OF FINANCW, SVCS. ust be on Countil Agenda by: 3 YOR (OR ASSISTANT) 5 AI. FSTATE DIVISION OTAL # OF SIGNAI`LTRE PAGES 1(CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: To authorize an extension, through September 30, 2004, of Lease Agreement PWl12, granting to Elizabeth Schmidt the use of 3,700 square feet of vacant land for personal use. Ref: 1. Council Resolution for signature; 2. Sample copy of Lease Agreement PW/12. COMMENDATWNS:APPROVE(A)ORRE.iECT(R) ERSONALSERVICECONTRACTSMUSTANSWERTfiEFOLLOWING: . Aas the person/firm ever worked under a contract for this deparWent? YES NO PLANNING COMMISSION A STAFF . Has this person/Frm ever been a CiTy employee? YES NO CIVIL SERVICE COMMISSION . Does this persodtirm possess a sldll no[ normally possessed by any YES NO CIB COMMI'1'1'EE current City employee? E lain all YES answers on a se arate sheet and at[ad�. UPPORTS WHICH COUNCII. BJECTIVE? OUNCII, WARD(S) �j DISTRICT PLANNING COUNCIL �"j 17A7'ING PROBLEM, ISSUE, OPPORTONIT'1 (Who, Whay When, Where, Why?): Lease Agreement PW/12 expired on September 30,1998 and has continued on a month-to-month basis. DVANTAGESIFAPPROVED: The lessee will have use of the leased premises; and the City will receive $500 in rent over the five year term. ��.�, �& �",-� �a s�� , <'` � � � ^:� ISADVANTAGES IF APPROVED: None �"*�� "'; 1��9 ISADVANTAGES IF NOT APPROVED: �+ `�-�" s �� : � � ��°�� The lessee will not have use of the property; and the City will not receive the rent. OTAL AMOUNI' OF TRANSACTION: $5� � COST/REVENI7E BUDGETED (CIRCLE ONE) YES NO ING SOURCE: N�A ACTIVITY D10MBER: N�A ANCIAL INFORMATION: (EXPLAIP� ylyiSlgu�p RS3��FCi i VP-'�6�1� Rent is $100.00 a year. Q(��i 1 6�99'� cPW ia� Revised . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . June 25, 1999 Authority (C.F.) LEASE NO. FINANCE DEPT. LEASE NO. PW/12 DATE: August 1,1999 LESSOR: CITY OF SAINT PAUL DEPARTMENT OF PUBLIC WORKS LESSEE: Elizabeth L. Schmidt 1426 Westminster Street Saint Paul. Minnesota 55101 �-ras CITY OF SAINT PAUL STANDARD LEASE AGREEMENT [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," whose address is: 3,700 square feet of vacant land abuttin� 1426 Westminster Street and which is legally described as: that part of the east 156.25 feet of I,ot 2, J.M. Warner's Lots lying westerly of the following line: Beginning at a point on the South,Line of said Lot 2 and 136.25 feet westerly of the Center Line of Edgemont Street; thence northerly and perpendicular to the said South Line of Lot 2 a distance of 80.00 feet; thence northeasterly to a point on the North Line of said Lot 2 and 106.25 feet westeriy of the said Center Line of Edgemont Street; and there terminating. together with any buildings, fixtures in such buildings, improvements and structures, if any, located thereon; See Exhibit "A", plan or map of leased area which is incorporated herein by this reference. [2] Term of Lease. This lease sha11 be in effect for a term commencing and ending on the dates indicated below, unless temrinated eulier by the LESSOR as provided herein. Term (Months/Yeazs) Commencing Date Ending Date 5 Years October 1, 1999 September 30, 2004 qq-Pas [3] [4] Use of Premises. The LESSEE shall use and occupy the Leased Premises for the following purpose: Qersonal use of LESSEE and for no other purpose without the prior written consent of LESSOR. 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 Schedule Tota1 Basic Rent During Lease Term (Payment Period — Commencing Date —$ per Period) $500.00 annually October 1, 1999 $100.00 (B) Additional Rent. Additional Rent means all amounts, other than Basic Rent provided for in paragraph (4-A) above, that LESSEE shall be obligated to pay under this paragraph or other provisions of this L,ease. Additional Rent shall include, but is not limited to, the following fees, costs and expenses: (1) �2) (3) (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 ofthis Lease; 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 L.eased Premises; and property insurance premium and/or uninsured losses as set forth in pazagraph (7) of this L.ease. 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 aze 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: Citv of Saint Paul - Finance Accounting Division - 210 Citv Hall 15 West Kellogg Boulevard - Saint Paul Minnesota 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 Lessor shall chazge interest of 1.5% per month on any Basic or Additional Rent remaining unpaid beyond the due date as here provided. 9q-8as [5] Taxes. LESSEE shall be responsible for and pay all tases and assessments against the Leased 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 Lease is terminated by either party, LESSOR may at its option require the LESSEE to pay such contested taxes pending appeal, to place in escrow a sum sufficient to pay said tases, or take other action that will remove said contested taxes as an encumbrance to title or as an exception to the transferability of mazketable title to the Leased Premises. [6] Right 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 L.eased Premises during reasonable business hours or, in the event of an emergency, at any time for any legitimate purpose. [7) Insurance. (A) LESSOR'S Insurance. The LESSOR shall acquire and keep in effect during the term of this agreement the following coverages: (1) FIREANDALLRISKINSURANCE,ontheLeasedPremiseswithlimitsofnotless than �shall be purchased by the LESSOR; the LESSEE shall pay, as Additional Rent, the premium for said insurance and, in the event of a claim, any deductible. Said insurance shall name the City of Saint Paul as the insured. With respect to any loss of the LESSOR'S property not covered by insurance, it shall be the responsibility of the LESSEE, within a reasonable time, to pay all costs to repair or replace the damaged property with like kind, such reasonable time to be deternuned by the LESSOR. LESSEE shall be responsible for insurance of its own property. (B) LESSEE'S Insurance. The LESSEE sha11 acquire during the term of this lease the following coverage: (1) The LESSEE shall be responslble for the self insurance of, or the acquisition of Commercial Property Insurance on, its personal property. (2) COMMERCIAL GENERAL LIABILPI'Y INSURANCE including blanket contractual liability 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) The LESSEE shali 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 omissions insurance coverage. (4) 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. 3 qq -�as (5) Nothing in this contract shall constitute a waiver by the LESSOR of any statutory limits or exceptions on liability. (6) LESSEE shall place the insurance with responsible insurance companies authorized and licensed to do business in the 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 aa eement. The policies required in pazagraph (7) shall be endorsed to indicate that the insurer' cannot cancel or change the insurance without first giving the LESSOR 30 days' written notice. (7) Insurance limits shall be subject to the tort claims liability limits as set forth in chapter 466 of Minnesota Statutes. (C) Waiver of Subroeation. 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 L.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 pazagraph; and, if either cannot waive its subrogation rights, such party shail immediately notify the other party, in writing. [8J Cancellation or Termination. This lease shall be subject to cancellation and ternunation by LESSOR at any time during the term hereof by giving the LESSEE notice in writing 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 ternunation shall become effective. In the event of such ternunation, and on the effective date of such termination, LESSOR shall retum any uneamed rental paid by the LESSEE without interest. [9J 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 LESSEE at the address stated on page (1) and to the LESSOR at the Real Estate 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] Assignment and Sublettine. LESSEE shall not assign or sublet this Laase without the written consent of the LESSOR, 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 grounds and fences within the Leased Premises in good condition. The foregoing obligations shall bind the LESSEE regazdless of the cause of the damage or condition necessitating the repair or maintenance. @! �t-8'as [12] Pavments in Case of Default. LESSEE shall pay LESSOR all costs and expenses, including reasonable attomey'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 I.ease, or to recover possession of said property, whether such action progresses to judgment or not. [13] Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner temunation 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. [14] 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 chazacter, azising out of or by reason of the I.ease of the herein described L,eased 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 awaze of the conditions of the L.eased 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 shall be applicable. [16] Pollution and Contaminants. I,ESSEE agrees to comply with all ordinances, laws, rules and regulations enacted by any govemmental 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. LESSEE shall bear ail costs and expenses arising from compliance with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hoid hamlless LESSOR from all liability, in- cluding without limitation, fines, forfeitures, and penalties arising from the failure by LESSEE to comply with such ordinances, laws, rules or regulations. LESSOR has the right to perform cleanup and chazge the LESSEE as Additional Rent for such costs should the LESSEE fail to comply. [17] 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 L,ease 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 Leased Premises or in the event the premises becomes untenantable or unfit for occupancy due to such damage during the term of this I.ease, LESSOR may at its option: (A) ternunate the lease upon fifteen (15) days' written notice to LESSEE; or (B) within fifteen (15) days agree to restore the premises within a reasonable Ume period following the casualty, chazging the costs in excess of the insurance proceeds, if any, to the LESSEE as Additional Rent; or R� -ga. 5 (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 the LESSOR shall make available to LESSEE pro-rata, as work progresses, the net proceeds of such insurance. If such proceeds aze 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 Sasic Rents to be paid during the restoration period shall be abated in proportion to the percentage of loss and impairment of the use of the I,eased Premises as deternuned by the LESSOR, times the number of days of loss or impairment. [19] Events of Default. The occunence of any of the following events during the term of this Lease 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 arrangement 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 L.eased 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 L,ease; (F) the failure by LESSEE to observe and perform any covenant, condition or agreement on its part to be observed or performed as required by this Lease; or (G) the failure by LESSEE or its surety to discharge, satisfy or release any lien or lien statement filed or recorded against the Leased Premises within sixty days after the date of such filing or recording, whichever date is earlier. It is an express covenant and agreement of LESSOR and LESSEE that LESSOR may, at its election, terminate this Lease in the event of the occurrence of any of the events described in this paragraph or in paragraph (22) relating to liens by giving not less than ten days' written notice to LESSEE; and when so terminated, LESSOR may reenter the L,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 agreed that LESSOR shall be entitled upon such reentry, notwithstanding any other provision of this Lease, to exercise such rights and remedies as are provided in Paragraph (24) of this L,ease. [20] Compliance 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 compiy with all laws, rules, regulations or ordinances imposed by any jurisdiction affecting the use to which the property is proposed to be put. Inability or failure by the LESSEE to comply with any of said laws, rules, regulations or ordinances will not relieve the LESSEE of the obligation to pay the rental provided herein. �q-�'aS [21] Liens. The LESSEE shall not pernut mechanic's liens or other liens to be filed or established or to remain against the I,eased Premises for labor, materials or services furnished in connection with any additions, modifications, improvements, zepairs, renewals or replacements made to the Leased 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 pernut the items contested to remain undischazaed and unsatisfied during the period of such contest. If, in the opinion of the LESSOR, the nonpayment of any such items subjects the L,eased 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 LESSOR may pay and charge the LESSEE as Additional Rent. [22] Eminent Domain. In the event the entire I,eased Premises are taken by eminent domain, or such portion thereof is so taken that in LESSEE'S reasonable judgement it is uneconomic thereafter to restore the L.eased Premises and proceed under [he terms and provisions of this I.ease, LESSEE may temunate this L,ease 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 L.ease 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. [23] Default Remedies. In the event an Event of Default occurs under paragraph (19) of this Lease, LESSOR may exercise any one or more of the following remedies: (A) reenter and take possession of the Premises without ternunation 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) tezminate this lease, exclude LESSEE 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 ternunating this L,ease and operate the Premises itself; (D) ternunate the Lease, exclude LESSEE from possession of the I.eased Premises, sell all or any part of the Premises at the best price obtainable (provided such sale is pernutted by applic- able law,) such sale to be on such terms and conditions as the LESSOR, in its sole discretion, shall determine and apply the proceeds of such sale less any expenses thereof for the account of ihe LESSEE. (E) exercise any remedies available to it under the Minnesota Uniform Commercial Code; (F) take whatever action at law or in equity may appeaz necessary or appropriate to collect the Basic Rent and Additional Rent then due and thereafter to become due, or to enforce performance and observance of any obligation, agreement or covenant of the LESSEE under this Lease. � qq -8�as (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 Lease. No remedy herein confened upon or reserved to LESSOR 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 I,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. [24] Default of Pavment. LESSEE agrees that, should it default on any payment owing and due to be paid to LESSOR as provided 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 the last payment shall have come due, for the full amount of the unpaid balance due pursuant to the confession of judgment provided herein. [25] Alterations. The LESSEE will not make any alterations to the premises 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 shali first be submitted to and approved by the LESSOR and such alterations shall be done by the LESSEE at its own expense. All such work shall be performed under the LESSOR'S supervision and any improvements made to the I.eased Premises at the LESSEE'S 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. [26] Amended. Anything herein contained to the contrary not withstanding, this L.ease may be terminated, and the provisions of this Lease may be, in writing, amended by mutual consent of the parties hereto. L �g-Sas IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and yeaz in this I,ease first above-written. LESSOR: Mayor City Clerk Director of Technology & Management Services Department Director City Attomey (Form Approval) LESSEE: Its Its Its °iq- ga= /' ' �, � .:8_�s .,.Z i ?o -° �saesr : -, ,�ii��s �I ya .. � .. .. �� __ �:�: .. .. � >. ,�b � „ I I 60 i I`� I '�ZBIT "A�� . A ?� � I � � y ' F :-? I • ; .: 2 �I) � d i� I 6 T �, � > S i 9 ' � I 1 � i lo !t �Z ^_ 3 � 1 i/ /.... 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IZ7) J�ss� V y d � S/ � ---� Jo • o SO 99.Ji7 '� � � � � .�._ ,. � A �� ; : . �o � _ . o � 0 99.rZJ �q'3 ^ • __ C-620 ^ � ` • 0 ' / 00 . . . . y A i7 .i.y; ~ I `� �' 30 3a io 99.Y23 I � IS (ts) j(ol � ^ � i � ( � .io<.�. r.. ^(�') � : IS �s3 13 12 �!�'� 9 B 7 6 3� e (ZZ, Zy � o �' OZO•1/� ' 16" f • z I �ti} � � � �� 3 S! . . � Z 0 ^ i � "«�_ I , �' 9 9. 61 � Za 3 0: .�, I i i�� Z9� �79� �Z�� TL� l.. /� "� ' . � _ - �d -6--3- _ � . • •� _ � .. .. , ' -�° 20 � .9.]. CIS �. /DO .. � 2 6 7. 8 �' '." 3-a8—} 2 4 9.:5 .- � GONDOMfN1UM /yp, �87 3O � �DGEROW CONDOMINIVtv(S `^ 1� ' - 0 '� � J � o 4 � � M ��ODES 3I-�\' L � II � � 'I 95 � � , ,j � � ° � � � 700. • �� O h J ,� y —.�._ � � � .s� S , .� --— ti,�_ � � � � �;� � � Z Return copy to: Real Estate Division 140 City Hall ORIGINAL RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date io ii iz WHEREAS, since 1980 the City has leased, through Lease Agreement PW/12, approximately 9,660-- subsequently reduced to 3,700--square feet of vacant land to Elizabeth Schmidt for personal use; and WHEREAS, said L.ease Agreement PW/12 expired on September 30, 1998 and has continued on a month-to-month basis; and WHEREAS, it is the expressed intention of the parties thereto to extend the term of said I,ease Agreement PW/12 through September 30, 2004; NOW THEREFORE BE IT RESOLVED, that the proper City Officials are hereby authorized and directed to execute I.ease Agreement PW/12. Requested by Department of: �.•. -� . • �. - \ . .... -.•. . - . � • � -�- : ►i:1 . �! _� : : . � • -. .'�l� t ,��!'-� _ L.l�; Technologv & Management Services B �� `�� i{�� l,�— Director� Form Approved by City Attorney � `� �o�,�\q By: �-ccs'� /�/6✓�yw`a� j�':�'' Approv Mayor for Submission to Council By: � Council File # qq-8' Green Sheet # 095 .r � T.M.S./REAL ESTATE DIVISION Date: August 9,1999 Gree heet Number: 09500 onfact Persou and Phone Number: � 2 EPAR � �� '�l 4 CI'CY COONCII. G/ Dave Nelson � 266-8850 1 �T�'ATrORNEY� CLERK UDGET DIItECfOR FF[CE OF FINANCW, SVCS. ust be on Countil Agenda by: 3 YOR (OR ASSISTANT) 5 AI. FSTATE DIVISION OTAL # OF SIGNAI`LTRE PAGES 1(CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: To authorize an extension, through September 30, 2004, of Lease Agreement PWl12, granting to Elizabeth Schmidt the use of 3,700 square feet of vacant land for personal use. Ref: 1. Council Resolution for signature; 2. Sample copy of Lease Agreement PW/12. COMMENDATWNS:APPROVE(A)ORRE.iECT(R) ERSONALSERVICECONTRACTSMUSTANSWERTfiEFOLLOWING: . Aas the person/firm ever worked under a contract for this deparWent? YES NO PLANNING COMMISSION A STAFF . Has this person/Frm ever been a CiTy employee? YES NO CIVIL SERVICE COMMISSION . Does this persodtirm possess a sldll no[ normally possessed by any YES NO CIB COMMI'1'1'EE current City employee? E lain all YES answers on a se arate sheet and at[ad�. UPPORTS WHICH COUNCII. BJECTIVE? OUNCII, WARD(S) �j DISTRICT PLANNING COUNCIL �"j 17A7'ING PROBLEM, ISSUE, OPPORTONIT'1 (Who, Whay When, Where, Why?): Lease Agreement PW/12 expired on September 30,1998 and has continued on a month-to-month basis. DVANTAGESIFAPPROVED: The lessee will have use of the leased premises; and the City will receive $500 in rent over the five year term. ��.�, �& �",-� �a s�� , <'` � � � ^:� ISADVANTAGES IF APPROVED: None �"*�� "'; 1��9 ISADVANTAGES IF NOT APPROVED: �+ `�-�" s �� : � � ��°�� The lessee will not have use of the property; and the City will not receive the rent. OTAL AMOUNI' OF TRANSACTION: $5� � COST/REVENI7E BUDGETED (CIRCLE ONE) YES NO ING SOURCE: N�A ACTIVITY D10MBER: N�A ANCIAL INFORMATION: (EXPLAIP� ylyiSlgu�p RS3��FCi i VP-'�6�1� Rent is $100.00 a year. Q(��i 1 6�99'� cPW ia� Revised . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . June 25, 1999 Authority (C.F.) LEASE NO. FINANCE DEPT. LEASE NO. PW/12 DATE: August 1,1999 LESSOR: CITY OF SAINT PAUL DEPARTMENT OF PUBLIC WORKS LESSEE: Elizabeth L. Schmidt 1426 Westminster Street Saint Paul. Minnesota 55101 �-ras CITY OF SAINT PAUL STANDARD LEASE AGREEMENT [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," whose address is: 3,700 square feet of vacant land abuttin� 1426 Westminster Street and which is legally described as: that part of the east 156.25 feet of I,ot 2, J.M. Warner's Lots lying westerly of the following line: Beginning at a point on the South,Line of said Lot 2 and 136.25 feet westerly of the Center Line of Edgemont Street; thence northerly and perpendicular to the said South Line of Lot 2 a distance of 80.00 feet; thence northeasterly to a point on the North Line of said Lot 2 and 106.25 feet westeriy of the said Center Line of Edgemont Street; and there terminating. together with any buildings, fixtures in such buildings, improvements and structures, if any, located thereon; See Exhibit "A", plan or map of leased area which is incorporated herein by this reference. [2] Term of Lease. This lease sha11 be in effect for a term commencing and ending on the dates indicated below, unless temrinated eulier by the LESSOR as provided herein. Term (Months/Yeazs) Commencing Date Ending Date 5 Years October 1, 1999 September 30, 2004 qq-Pas [3] [4] Use of Premises. The LESSEE shall use and occupy the Leased Premises for the following purpose: Qersonal use of LESSEE and for no other purpose without the prior written consent of LESSOR. 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 Schedule Tota1 Basic Rent During Lease Term (Payment Period — Commencing Date —$ per Period) $500.00 annually October 1, 1999 $100.00 (B) Additional Rent. Additional Rent means all amounts, other than Basic Rent provided for in paragraph (4-A) above, that LESSEE shall be obligated to pay under this paragraph or other provisions of this L,ease. Additional Rent shall include, but is not limited to, the following fees, costs and expenses: (1) �2) (3) (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 ofthis Lease; 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 L.eased Premises; and property insurance premium and/or uninsured losses as set forth in pazagraph (7) of this L.ease. 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 aze 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: Citv of Saint Paul - Finance Accounting Division - 210 Citv Hall 15 West Kellogg Boulevard - Saint Paul Minnesota 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 Lessor shall chazge interest of 1.5% per month on any Basic or Additional Rent remaining unpaid beyond the due date as here provided. 9q-8as [5] Taxes. LESSEE shall be responsible for and pay all tases and assessments against the Leased 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 Lease is terminated by either party, LESSOR may at its option require the LESSEE to pay such contested taxes pending appeal, to place in escrow a sum sufficient to pay said tases, or take other action that will remove said contested taxes as an encumbrance to title or as an exception to the transferability of mazketable title to the Leased Premises. [6] Right 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 L.eased Premises during reasonable business hours or, in the event of an emergency, at any time for any legitimate purpose. [7) Insurance. (A) LESSOR'S Insurance. The LESSOR shall acquire and keep in effect during the term of this agreement the following coverages: (1) FIREANDALLRISKINSURANCE,ontheLeasedPremiseswithlimitsofnotless than �shall be purchased by the LESSOR; the LESSEE shall pay, as Additional Rent, the premium for said insurance and, in the event of a claim, any deductible. Said insurance shall name the City of Saint Paul as the insured. With respect to any loss of the LESSOR'S property not covered by insurance, it shall be the responsibility of the LESSEE, within a reasonable time, to pay all costs to repair or replace the damaged property with like kind, such reasonable time to be deternuned by the LESSOR. LESSEE shall be responsible for insurance of its own property. (B) LESSEE'S Insurance. The LESSEE sha11 acquire during the term of this lease the following coverage: (1) The LESSEE shall be responslble for the self insurance of, or the acquisition of Commercial Property Insurance on, its personal property. (2) COMMERCIAL GENERAL LIABILPI'Y INSURANCE including blanket contractual liability 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) The LESSEE shali 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 omissions insurance coverage. (4) 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. 3 qq -�as (5) Nothing in this contract shall constitute a waiver by the LESSOR of any statutory limits or exceptions on liability. (6) LESSEE shall place the insurance with responsible insurance companies authorized and licensed to do business in the 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 aa eement. The policies required in pazagraph (7) shall be endorsed to indicate that the insurer' cannot cancel or change the insurance without first giving the LESSOR 30 days' written notice. (7) Insurance limits shall be subject to the tort claims liability limits as set forth in chapter 466 of Minnesota Statutes. (C) Waiver of Subroeation. 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 L.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 pazagraph; and, if either cannot waive its subrogation rights, such party shail immediately notify the other party, in writing. [8J Cancellation or Termination. This lease shall be subject to cancellation and ternunation by LESSOR at any time during the term hereof by giving the LESSEE notice in writing 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 ternunation shall become effective. In the event of such ternunation, and on the effective date of such termination, LESSOR shall retum any uneamed rental paid by the LESSEE without interest. [9J 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 LESSEE at the address stated on page (1) and to the LESSOR at the Real Estate 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] Assignment and Sublettine. LESSEE shall not assign or sublet this Laase without the written consent of the LESSOR, 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 grounds and fences within the Leased Premises in good condition. The foregoing obligations shall bind the LESSEE regazdless of the cause of the damage or condition necessitating the repair or maintenance. @! �t-8'as [12] Pavments in Case of Default. LESSEE shall pay LESSOR all costs and expenses, including reasonable attomey'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 I.ease, or to recover possession of said property, whether such action progresses to judgment or not. [13] Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner temunation 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. [14] 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 chazacter, azising out of or by reason of the I.ease of the herein described L,eased 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 awaze of the conditions of the L.eased 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 shall be applicable. [16] Pollution and Contaminants. I,ESSEE agrees to comply with all ordinances, laws, rules and regulations enacted by any govemmental 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. LESSEE shall bear ail costs and expenses arising from compliance with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hoid hamlless LESSOR from all liability, in- cluding without limitation, fines, forfeitures, and penalties arising from the failure by LESSEE to comply with such ordinances, laws, rules or regulations. LESSOR has the right to perform cleanup and chazge the LESSEE as Additional Rent for such costs should the LESSEE fail to comply. [17] 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 L,ease 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 Leased Premises or in the event the premises becomes untenantable or unfit for occupancy due to such damage during the term of this I.ease, LESSOR may at its option: (A) ternunate the lease upon fifteen (15) days' written notice to LESSEE; or (B) within fifteen (15) days agree to restore the premises within a reasonable Ume period following the casualty, chazging the costs in excess of the insurance proceeds, if any, to the LESSEE as Additional Rent; or R� -ga. 5 (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 the LESSOR shall make available to LESSEE pro-rata, as work progresses, the net proceeds of such insurance. If such proceeds aze 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 Sasic Rents to be paid during the restoration period shall be abated in proportion to the percentage of loss and impairment of the use of the I,eased Premises as deternuned by the LESSOR, times the number of days of loss or impairment. [19] Events of Default. The occunence of any of the following events during the term of this Lease 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 arrangement 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 L.eased 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 L,ease; (F) the failure by LESSEE to observe and perform any covenant, condition or agreement on its part to be observed or performed as required by this Lease; or (G) the failure by LESSEE or its surety to discharge, satisfy or release any lien or lien statement filed or recorded against the Leased Premises within sixty days after the date of such filing or recording, whichever date is earlier. It is an express covenant and agreement of LESSOR and LESSEE that LESSOR may, at its election, terminate this Lease in the event of the occurrence of any of the events described in this paragraph or in paragraph (22) relating to liens by giving not less than ten days' written notice to LESSEE; and when so terminated, LESSOR may reenter the L,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 agreed that LESSOR shall be entitled upon such reentry, notwithstanding any other provision of this Lease, to exercise such rights and remedies as are provided in Paragraph (24) of this L,ease. [20] Compliance 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 compiy with all laws, rules, regulations or ordinances imposed by any jurisdiction affecting the use to which the property is proposed to be put. Inability or failure by the LESSEE to comply with any of said laws, rules, regulations or ordinances will not relieve the LESSEE of the obligation to pay the rental provided herein. �q-�'aS [21] Liens. The LESSEE shall not pernut mechanic's liens or other liens to be filed or established or to remain against the I,eased Premises for labor, materials or services furnished in connection with any additions, modifications, improvements, zepairs, renewals or replacements made to the Leased 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 pernut the items contested to remain undischazaed and unsatisfied during the period of such contest. If, in the opinion of the LESSOR, the nonpayment of any such items subjects the L,eased 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 LESSOR may pay and charge the LESSEE as Additional Rent. [22] Eminent Domain. In the event the entire I,eased Premises are taken by eminent domain, or such portion thereof is so taken that in LESSEE'S reasonable judgement it is uneconomic thereafter to restore the L.eased Premises and proceed under [he terms and provisions of this I.ease, LESSEE may temunate this L,ease 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 L.ease 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. [23] Default Remedies. In the event an Event of Default occurs under paragraph (19) of this Lease, LESSOR may exercise any one or more of the following remedies: (A) reenter and take possession of the Premises without ternunation 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) tezminate this lease, exclude LESSEE 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 ternunating this L,ease and operate the Premises itself; (D) ternunate the Lease, exclude LESSEE from possession of the I.eased Premises, sell all or any part of the Premises at the best price obtainable (provided such sale is pernutted by applic- able law,) such sale to be on such terms and conditions as the LESSOR, in its sole discretion, shall determine and apply the proceeds of such sale less any expenses thereof for the account of ihe LESSEE. (E) exercise any remedies available to it under the Minnesota Uniform Commercial Code; (F) take whatever action at law or in equity may appeaz necessary or appropriate to collect the Basic Rent and Additional Rent then due and thereafter to become due, or to enforce performance and observance of any obligation, agreement or covenant of the LESSEE under this Lease. � qq -8�as (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 Lease. No remedy herein confened upon or reserved to LESSOR 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 I,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. [24] Default of Pavment. LESSEE agrees that, should it default on any payment owing and due to be paid to LESSOR as provided 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 the last payment shall have come due, for the full amount of the unpaid balance due pursuant to the confession of judgment provided herein. [25] Alterations. The LESSEE will not make any alterations to the premises 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 shali first be submitted to and approved by the LESSOR and such alterations shall be done by the LESSEE at its own expense. All such work shall be performed under the LESSOR'S supervision and any improvements made to the I.eased Premises at the LESSEE'S 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. [26] Amended. Anything herein contained to the contrary not withstanding, this L.ease may be terminated, and the provisions of this Lease may be, in writing, amended by mutual consent of the parties hereto. L �g-Sas IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and yeaz in this I,ease first above-written. LESSOR: Mayor City Clerk Director of Technology & Management Services Department Director City Attomey (Form Approval) LESSEE: Its Its Its °iq- ga= /' ' �, � .:8_�s .,.Z i ?o -° �saesr : -, ,�ii��s �I ya .. � .. .. �� __ �:�: .. .. � >. ,�b � „ I I 60 i I`� I '�ZBIT "A�� . A ?� � I � � y ' F :-? I • ; .: 2 �I) � d i� I 6 T �, � > S i 9 ' � I 1 � i lo !t �Z ^_ 3 � 1 i/ /.... 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IZ7) J�ss� V y d � S/ � ---� Jo • o SO 99.Ji7 '� � � � � .�._ ,. � A �� ; : . �o � _ . o � 0 99.rZJ �q'3 ^ • __ C-620 ^ � ` • 0 ' / 00 . . . . y A i7 .i.y; ~ I `� �' 30 3a io 99.Y23 I � IS (ts) j(ol � ^ � i � ( � .io<.�. r.. ^(�') � : IS �s3 13 12 �!�'� 9 B 7 6 3� e (ZZ, Zy � o �' OZO•1/� ' 16" f • z I �ti} � � � �� 3 S! . . � Z 0 ^ i � "«�_ I , �' 9 9. 61 � Za 3 0: .�, I i i�� Z9� �79� �Z�� TL� l.. /� "� ' . � _ - �d -6--3- _ � . • •� _ � .. .. , ' -�° 20 � .9.]. CIS �. /DO .. � 2 6 7. 8 �' '." 3-a8—} 2 4 9.:5 .- � GONDOMfN1UM /yp, �87 3O � �DGEROW CONDOMINIVtv(S `^ 1� ' - 0 '� � J � o 4 � � M ��ODES 3I-�\' L � II � � 'I 95 � � , ,j � � ° � � � 700. • �� O h J ,� y —.�._ � � � .s� S , .� --— ti,�_ � � � � �;� � � Z Return copy to: Real Estate Division 140 City Hall ORIGINAL RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date io ii iz WHEREAS, since 1980 the City has leased, through Lease Agreement PW/12, approximately 9,660-- subsequently reduced to 3,700--square feet of vacant land to Elizabeth Schmidt for personal use; and WHEREAS, said L.ease Agreement PW/12 expired on September 30, 1998 and has continued on a month-to-month basis; and WHEREAS, it is the expressed intention of the parties thereto to extend the term of said I,ease Agreement PW/12 through September 30, 2004; NOW THEREFORE BE IT RESOLVED, that the proper City Officials are hereby authorized and directed to execute I.ease Agreement PW/12. Requested by Department of: �.•. -� . • �. - \ . .... -.•. . - . � • � -�- : ►i:1 . �! _� : : . � • -. .'�l� t ,��!'-� _ L.l�; Technologv & Management Services B �� `�� i{�� l,�— Director� Form Approved by City Attorney � `� �o�,�\q By: �-ccs'� /�/6✓�yw`a� j�':�'' Approv Mayor for Submission to Council By: � Council File # qq-8' Green Sheet # 095 .r � T.M.S./REAL ESTATE DIVISION Date: August 9,1999 Gree heet Number: 09500 onfact Persou and Phone Number: � 2 EPAR � �� '�l 4 CI'CY COONCII. G/ Dave Nelson � 266-8850 1 �T�'ATrORNEY� CLERK UDGET DIItECfOR FF[CE OF FINANCW, SVCS. ust be on Countil Agenda by: 3 YOR (OR ASSISTANT) 5 AI. FSTATE DIVISION OTAL # OF SIGNAI`LTRE PAGES 1(CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: To authorize an extension, through September 30, 2004, of Lease Agreement PWl12, granting to Elizabeth Schmidt the use of 3,700 square feet of vacant land for personal use. Ref: 1. Council Resolution for signature; 2. Sample copy of Lease Agreement PW/12. COMMENDATWNS:APPROVE(A)ORRE.iECT(R) ERSONALSERVICECONTRACTSMUSTANSWERTfiEFOLLOWING: . Aas the person/firm ever worked under a contract for this deparWent? YES NO PLANNING COMMISSION A STAFF . Has this person/Frm ever been a CiTy employee? YES NO CIVIL SERVICE COMMISSION . Does this persodtirm possess a sldll no[ normally possessed by any YES NO CIB COMMI'1'1'EE current City employee? E lain all YES answers on a se arate sheet and at[ad�. UPPORTS WHICH COUNCII. BJECTIVE? OUNCII, WARD(S) �j DISTRICT PLANNING COUNCIL �"j 17A7'ING PROBLEM, ISSUE, OPPORTONIT'1 (Who, Whay When, Where, Why?): Lease Agreement PW/12 expired on September 30,1998 and has continued on a month-to-month basis. DVANTAGESIFAPPROVED: The lessee will have use of the leased premises; and the City will receive $500 in rent over the five year term. ��.�, �& �",-� �a s�� , <'` � � � ^:� ISADVANTAGES IF APPROVED: None �"*�� "'; 1��9 ISADVANTAGES IF NOT APPROVED: �+ `�-�" s �� : � � ��°�� The lessee will not have use of the property; and the City will not receive the rent. OTAL AMOUNI' OF TRANSACTION: $5� � COST/REVENI7E BUDGETED (CIRCLE ONE) YES NO ING SOURCE: N�A ACTIVITY D10MBER: N�A ANCIAL INFORMATION: (EXPLAIP� ylyiSlgu�p RS3��FCi i VP-'�6�1� Rent is $100.00 a year. Q(��i 1 6�99'� cPW ia� Revised . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . June 25, 1999 Authority (C.F.) LEASE NO. FINANCE DEPT. LEASE NO. PW/12 DATE: August 1,1999 LESSOR: CITY OF SAINT PAUL DEPARTMENT OF PUBLIC WORKS LESSEE: Elizabeth L. Schmidt 1426 Westminster Street Saint Paul. Minnesota 55101 �-ras CITY OF SAINT PAUL STANDARD LEASE AGREEMENT [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," whose address is: 3,700 square feet of vacant land abuttin� 1426 Westminster Street and which is legally described as: that part of the east 156.25 feet of I,ot 2, J.M. Warner's Lots lying westerly of the following line: Beginning at a point on the South,Line of said Lot 2 and 136.25 feet westerly of the Center Line of Edgemont Street; thence northerly and perpendicular to the said South Line of Lot 2 a distance of 80.00 feet; thence northeasterly to a point on the North Line of said Lot 2 and 106.25 feet westeriy of the said Center Line of Edgemont Street; and there terminating. together with any buildings, fixtures in such buildings, improvements and structures, if any, located thereon; See Exhibit "A", plan or map of leased area which is incorporated herein by this reference. [2] Term of Lease. This lease sha11 be in effect for a term commencing and ending on the dates indicated below, unless temrinated eulier by the LESSOR as provided herein. Term (Months/Yeazs) Commencing Date Ending Date 5 Years October 1, 1999 September 30, 2004 qq-Pas [3] [4] Use of Premises. The LESSEE shall use and occupy the Leased Premises for the following purpose: Qersonal use of LESSEE and for no other purpose without the prior written consent of LESSOR. 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 Schedule Tota1 Basic Rent During Lease Term (Payment Period — Commencing Date —$ per Period) $500.00 annually October 1, 1999 $100.00 (B) Additional Rent. Additional Rent means all amounts, other than Basic Rent provided for in paragraph (4-A) above, that LESSEE shall be obligated to pay under this paragraph or other provisions of this L,ease. Additional Rent shall include, but is not limited to, the following fees, costs and expenses: (1) �2) (3) (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 ofthis Lease; 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 L.eased Premises; and property insurance premium and/or uninsured losses as set forth in pazagraph (7) of this L.ease. 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 aze 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: Citv of Saint Paul - Finance Accounting Division - 210 Citv Hall 15 West Kellogg Boulevard - Saint Paul Minnesota 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 Lessor shall chazge interest of 1.5% per month on any Basic or Additional Rent remaining unpaid beyond the due date as here provided. 9q-8as [5] Taxes. LESSEE shall be responsible for and pay all tases and assessments against the Leased 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 Lease is terminated by either party, LESSOR may at its option require the LESSEE to pay such contested taxes pending appeal, to place in escrow a sum sufficient to pay said tases, or take other action that will remove said contested taxes as an encumbrance to title or as an exception to the transferability of mazketable title to the Leased Premises. [6] Right 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 L.eased Premises during reasonable business hours or, in the event of an emergency, at any time for any legitimate purpose. [7) Insurance. (A) LESSOR'S Insurance. The LESSOR shall acquire and keep in effect during the term of this agreement the following coverages: (1) FIREANDALLRISKINSURANCE,ontheLeasedPremiseswithlimitsofnotless than �shall be purchased by the LESSOR; the LESSEE shall pay, as Additional Rent, the premium for said insurance and, in the event of a claim, any deductible. Said insurance shall name the City of Saint Paul as the insured. With respect to any loss of the LESSOR'S property not covered by insurance, it shall be the responsibility of the LESSEE, within a reasonable time, to pay all costs to repair or replace the damaged property with like kind, such reasonable time to be deternuned by the LESSOR. LESSEE shall be responsible for insurance of its own property. (B) LESSEE'S Insurance. The LESSEE sha11 acquire during the term of this lease the following coverage: (1) The LESSEE shall be responslble for the self insurance of, or the acquisition of Commercial Property Insurance on, its personal property. (2) COMMERCIAL GENERAL LIABILPI'Y INSURANCE including blanket contractual liability 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) The LESSEE shali 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 omissions insurance coverage. (4) 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. 3 qq -�as (5) Nothing in this contract shall constitute a waiver by the LESSOR of any statutory limits or exceptions on liability. (6) LESSEE shall place the insurance with responsible insurance companies authorized and licensed to do business in the 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 aa eement. The policies required in pazagraph (7) shall be endorsed to indicate that the insurer' cannot cancel or change the insurance without first giving the LESSOR 30 days' written notice. (7) Insurance limits shall be subject to the tort claims liability limits as set forth in chapter 466 of Minnesota Statutes. (C) Waiver of Subroeation. 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 L.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 pazagraph; and, if either cannot waive its subrogation rights, such party shail immediately notify the other party, in writing. [8J Cancellation or Termination. This lease shall be subject to cancellation and ternunation by LESSOR at any time during the term hereof by giving the LESSEE notice in writing 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 ternunation shall become effective. In the event of such ternunation, and on the effective date of such termination, LESSOR shall retum any uneamed rental paid by the LESSEE without interest. [9J 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 LESSEE at the address stated on page (1) and to the LESSOR at the Real Estate 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] Assignment and Sublettine. LESSEE shall not assign or sublet this Laase without the written consent of the LESSOR, 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 grounds and fences within the Leased Premises in good condition. The foregoing obligations shall bind the LESSEE regazdless of the cause of the damage or condition necessitating the repair or maintenance. @! �t-8'as [12] Pavments in Case of Default. LESSEE shall pay LESSOR all costs and expenses, including reasonable attomey'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 I.ease, or to recover possession of said property, whether such action progresses to judgment or not. [13] Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner temunation 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. [14] 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 chazacter, azising out of or by reason of the I.ease of the herein described L,eased 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 awaze of the conditions of the L.eased 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 shall be applicable. [16] Pollution and Contaminants. I,ESSEE agrees to comply with all ordinances, laws, rules and regulations enacted by any govemmental 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. LESSEE shall bear ail costs and expenses arising from compliance with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hoid hamlless LESSOR from all liability, in- cluding without limitation, fines, forfeitures, and penalties arising from the failure by LESSEE to comply with such ordinances, laws, rules or regulations. LESSOR has the right to perform cleanup and chazge the LESSEE as Additional Rent for such costs should the LESSEE fail to comply. [17] 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 L,ease 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 Leased Premises or in the event the premises becomes untenantable or unfit for occupancy due to such damage during the term of this I.ease, LESSOR may at its option: (A) ternunate the lease upon fifteen (15) days' written notice to LESSEE; or (B) within fifteen (15) days agree to restore the premises within a reasonable Ume period following the casualty, chazging the costs in excess of the insurance proceeds, if any, to the LESSEE as Additional Rent; or R� -ga. 5 (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 the LESSOR shall make available to LESSEE pro-rata, as work progresses, the net proceeds of such insurance. If such proceeds aze 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 Sasic Rents to be paid during the restoration period shall be abated in proportion to the percentage of loss and impairment of the use of the I,eased Premises as deternuned by the LESSOR, times the number of days of loss or impairment. [19] Events of Default. The occunence of any of the following events during the term of this Lease 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 arrangement 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 L.eased 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 L,ease; (F) the failure by LESSEE to observe and perform any covenant, condition or agreement on its part to be observed or performed as required by this Lease; or (G) the failure by LESSEE or its surety to discharge, satisfy or release any lien or lien statement filed or recorded against the Leased Premises within sixty days after the date of such filing or recording, whichever date is earlier. It is an express covenant and agreement of LESSOR and LESSEE that LESSOR may, at its election, terminate this Lease in the event of the occurrence of any of the events described in this paragraph or in paragraph (22) relating to liens by giving not less than ten days' written notice to LESSEE; and when so terminated, LESSOR may reenter the L,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 agreed that LESSOR shall be entitled upon such reentry, notwithstanding any other provision of this Lease, to exercise such rights and remedies as are provided in Paragraph (24) of this L,ease. [20] Compliance 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 compiy with all laws, rules, regulations or ordinances imposed by any jurisdiction affecting the use to which the property is proposed to be put. Inability or failure by the LESSEE to comply with any of said laws, rules, regulations or ordinances will not relieve the LESSEE of the obligation to pay the rental provided herein. �q-�'aS [21] Liens. The LESSEE shall not pernut mechanic's liens or other liens to be filed or established or to remain against the I,eased Premises for labor, materials or services furnished in connection with any additions, modifications, improvements, zepairs, renewals or replacements made to the Leased 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 pernut the items contested to remain undischazaed and unsatisfied during the period of such contest. If, in the opinion of the LESSOR, the nonpayment of any such items subjects the L,eased 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 LESSOR may pay and charge the LESSEE as Additional Rent. [22] Eminent Domain. In the event the entire I,eased Premises are taken by eminent domain, or such portion thereof is so taken that in LESSEE'S reasonable judgement it is uneconomic thereafter to restore the L.eased Premises and proceed under [he terms and provisions of this I.ease, LESSEE may temunate this L,ease 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 L.ease 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. [23] Default Remedies. In the event an Event of Default occurs under paragraph (19) of this Lease, LESSOR may exercise any one or more of the following remedies: (A) reenter and take possession of the Premises without ternunation 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) tezminate this lease, exclude LESSEE 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 ternunating this L,ease and operate the Premises itself; (D) ternunate the Lease, exclude LESSEE from possession of the I.eased Premises, sell all or any part of the Premises at the best price obtainable (provided such sale is pernutted by applic- able law,) such sale to be on such terms and conditions as the LESSOR, in its sole discretion, shall determine and apply the proceeds of such sale less any expenses thereof for the account of ihe LESSEE. (E) exercise any remedies available to it under the Minnesota Uniform Commercial Code; (F) take whatever action at law or in equity may appeaz necessary or appropriate to collect the Basic Rent and Additional Rent then due and thereafter to become due, or to enforce performance and observance of any obligation, agreement or covenant of the LESSEE under this Lease. � qq -8�as (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 Lease. No remedy herein confened upon or reserved to LESSOR 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 I,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. [24] Default of Pavment. LESSEE agrees that, should it default on any payment owing and due to be paid to LESSOR as provided 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 the last payment shall have come due, for the full amount of the unpaid balance due pursuant to the confession of judgment provided herein. [25] Alterations. The LESSEE will not make any alterations to the premises 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 shali first be submitted to and approved by the LESSOR and such alterations shall be done by the LESSEE at its own expense. All such work shall be performed under the LESSOR'S supervision and any improvements made to the I.eased Premises at the LESSEE'S 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. [26] Amended. Anything herein contained to the contrary not withstanding, this L.ease may be terminated, and the provisions of this Lease may be, in writing, amended by mutual consent of the parties hereto. L �g-Sas IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and yeaz in this I,ease first above-written. LESSOR: Mayor City Clerk Director of Technology & Management Services Department Director City Attomey (Form Approval) LESSEE: Its Its Its °iq- ga= /' ' �, � .:8_�s .,.Z i ?o -° �saesr : -, ,�ii��s �I ya .. � .. .. �� __ �:�: .. .. � >. ,�b � „ I I 60 i I`� I '�ZBIT "A�� . A ?� � I � � y ' F :-? I • ; .: 2 �I) � d i� I 6 T �, � > S i 9 ' � I 1 � i lo !t �Z ^_ 3 � 1 i/ /.... 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