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00-1160Return copy to: Real Fstate Division 140 CYty Hall Q�1�I�IQL Presented By Refened To Committee: Date � i BE IT RESOLVED, that the proper City officials aze hereby authorized and directed to execute a two year z lease agreement with Ramsey County for 9,600 square feet of storage space for books and library materials in s the Ramsey County Government Center West at an annual rate of $2.50 per square foot. Requested by Department of: Adopted by Council: Date �,.� . t'3 a.�. o � , Adopuon Certified by Council Secretary By: � � �-�--�-�� Approved by or: Date �i -/' �' _ By: Council ESIe # 0o—\\CO Green Sheet # t\t834 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Technologv & Manaeement Services By: �lY�1, �����.���-- Direct 9 Form Approved by City Attorney ` �'b�� ' lA/ � B ,� W�^'ec�-- J1.28'- �v Approvel3 %y� for Submission to Council � / By: _ � .M.5./REAL �STATE DIVISION Date: November 20, 2000 reen Sheet umber 111826 ontac[ Person and PLone N�Ler: ` �i, � 2 EPARTMENTDIAECfO 4 C1TY COLINCII. � O�,� \� ` Q DaveNelson �� 266-8850 .�.e"" 1 ATTO �"��t i� � T7DGE1'DIltECTOR FFICEOFFAANQJLSVCS. ost be on Comd Agenda by: 3 YOR (OR ASSISTAi�'1� 5 ESTA7'E DIVZSTON OTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATSONS FOR SIGNATURE) CTION REQUESTID: To authorize the proper CSty officials to egecute a two year lease agreement with Ramsey County for 9,600 sqnare feet of storage space for books and library materials. Ref: 1. Resolution for consideration; 2. Sample copy of lease agreement� CObIMENDATIONS: APPROVE (A) OR REJECT (R) ERSONAL SFdZVICE CONTRACTS NNST ANSfVER THE FOLLOWING: . Has the person/C¢n� ever worked mder a contractfor this deparUnent? YES NO PLANNINGCOMMISSION A STAFF . Has this person/6rm ever been a City employee? YES NO CNII. SSItVICE COMMLSSION ' . Does tLis peison/Sim possess a sltill not norivally possessed by anp YES NO cm coMMiiTSe current C1ty employee? E]ain all YR.S ancwers on a azate sLeet and attach. UPPORTS WfiICH COUNCIL OBJECTIVE? OUNCIL WARD(S) 2 DISTRICT PLANNING COUNCIL 1^� 1VITSATING PROBLEM� TSSi7E, OPPORI'ONITY (Who, Whay WLen, Where, Why?): Library Services requires storage space for books and library materials. VANTAGESIFAPPROVliD: This will provide the needed space. ISADVANTAGES IF APPROVED: None ISADVANTAGES IF NOT APPROVID: Library Services will still need storage space. OTAL AMOUNT OF TRANSACTION: $�}$� COST/RIVENUE BUDGETED (CI1tCLE ONE) YES NO uvcsoutecE: CPL C00 3T 517 0898 31001 AcTIV�TY r�rMB�x: ANC7AL INFORMATION: (E.�LAIN) 9,600 squaze feet at $2.50 per square foot per year =$24,000, for two years =$48,000. �i �:��:,,, . .. ,:.. __ a . ..... ..... �.a� ���,:: _ :u.� � ..< r . �= �.�.3<� �/ ad -���o i inioo ` L�ASE F;:-%' �� ,, y � � ; RA MSEY COUNTY LANDLORD � .�� �:.: � CITY OF.-�AINT: PAUL PUBLIC LIBRARY TENANT OO �\�I�O LEASE AGREEMENT This Lease entered inw as of this _ day of November. 2000 by, and between Ramsev Counxv ,(hereinafter "Landlord") and Cicy of Saint Paul ,(hereinafter "Tenant"). Witnesseth that: 1. PREMISES. Landlord does hereby lease to Tenant, and Tenant does hereby take from Landlord, those cenain premises comprising approximately 9,600 squaze feet of rentable azea identified on Exhibic A actached hereto (hereinafter the "Leued Premises"). The Leased Premises is loca[ed in the building office complex known as Raznsev Councv Government Center West, (hereinafrer "che$uilding"), which is located at 50 West Kellogg Boulevazd, Sainc Paul, Minnesoca; and which includes, surface pazking, walking ueas, landscaped areas and cerzain common areas and facilicies thac are shared wi[h occupants of other space in the Building under rules and regulaxions as ins[ituted by Landlord from time to cime. 2. TERM. The lease term shall commence on che day of November . 2006, (hereinafter Commencement Date) and shall continue thereafcer co and including the 30` day of November. 2002 unless earlier cerminated. Either party, wich 60.days writcen nocice to the opposite party, may terminate this leaze at any time during the term of the lease. 3. ANNUAL BASE RENT. Senant sha11 pay to Landlord during che lease term an annual base rent in monchly inscallments pursuanc co the following Schedule: Tenant agrees to rent from Landlord 9,600 Square Feet at a rate of $2.50 per square fooc. From the commencement of the Lease Term until termination, but not beyond November 30. 2002, the sum 5 24.000.00 oer vear, payable in equal monthly installments of $ 2,000.00 on the first day of each month during che Lease Term; from November 1. 2006 , until termination, bux not beyond November 30, 2002. The monehly instatlments of Annual Base Rent shall be due and payable in advance on the lst day of each monxh. 4. CONTRIBUTION'IO OPERATING COSTS. N/A 5. ADDITIONAL TAXES. The Tenant is a tas exempt governmen[al agency under the laws of thz State of Minnesota. 6. SECURITY DEPOSIT. Concurrently with Tenant's execution of xhis Lease, Tenan[ shall deposit with Landlord che sum of ZEIZO Dollars ($ 0.00 ) to secure Tenant's performance o£ each and every covenant and agreement to be performed by Tenan[ under this Lease. Landlord shall have the right, at its option, to apply all or part of same towazd the payment of such amounts required to remedy any default of Tenant in the payment of rent, additional rent, or other charges or in the per£ormance of any other covenant or agreement contained herein; provided however, the existence of said Security Deposic shall not effect the right of the Landlord in the evenc of any such nonpayment or £ailure co perform, nor shall same in any way limic Tenani s responsibility therefor, and shall not preclude or excinguish any other right or remedy to which Landlord may be entitled. In the event of application of all or any part of said Securi[y Deposit, Tenant shall immediately upon notice from Landlord pay to Landlord an amount sufficienc to resxore the Security Deposit in fu11. If upon the scheduled termination dace of this Lease, Tenant hu performed each and every covenanc and agreement herein required of Tenany Landlord shall reimburse Tenant for the amounc of any unused portion of said Securicy Deposit and in no event shall any interest be due and owing thereon. In �he evenx this Lease is terminaced prior xo the above date or Tenanx shall have failed to comply with each and ecery covenant herein, then Landlord shall be entitled co hold the Security Deposit until actual damages have been determined, and apply the Security Deposit against said damages. In the event che Premises are transferred by Landlord, the Security Deposit, or balance chereof, wili be turned over to the Landlord's successor or cransferee, and Tenant agrees to look solely xo such successor or transferee for such applicacion or return of said Security Deposit. 1:\CSERS\PALtlER Le.rr 11.9.OD.Aoo 00 -t��.o 7. USEANDINSURANCERAT'ING. TenantshallusetheLeasedPremisesforthefollow purposes whatsoever: Storaee of books and other library related materials and furnishings Tenant will not conduct or permit to be conducced any activicy or place any equipment in or abouc che Leased Premises, which will in any way increase the race of fire insurance or other insurance on the Building; and if any increase in the race of fire insurance or other insurance is stated by any insurance company or by the applicable insurance rating bureau co be due to accivity or equipmeat of Tenant in or about the Leased Premises, such scacement sha11 be conclusive evidence that such increase in such rate is due to such accivity or equipmenc, and as a result chereof, Tenant shall be liable for such increase and sha11 reimburse Landlord therefor. 8. SPACE ADJUSTMENTS. Tenant acknowledges that much of che rental space in the Building may be rented in smaller unics and therefore it may be necessary for Landlord to make adjustments in Tenanc's space or actuaily relocate Tenant within the Building so that the space needs of all tenants may be accommodaced. Tenanc agrees thac Landlord may, at any time, and from time to time, relocace Tenanc within che Building, provided thac Landlord shall pap any of Tenant's direcc coscs in conneccion therewith. Ic is expressly a�reed, however, that Landlord shall have che right for the period ending 60 days after the commencement date of this Lease, co relocate Tenanc withou� any charge to Landlord. Landlord's righc �o relocate Tenant is conditioned only on the obligacion chat �he new leased premises shall be locaced in the Building and shal] not varp in size more than plus or minus five percent (5°l0) from the Leased Ptemises. Tenant shall pay rentals based on the accual zencable area calculated for �he space occupied after such relocation, whether said space is larger or smaller chan the Leased Premises. If Tenan[ shall be moved more than once, the new space shall never vary more than ten percent (10%) from the originally estimated space. 9. LEASEHOLD IMPROVEMENTS. There are no leuehold improvements relaced to chis lease. S0. NO WARRANTIES BY LANDLORD AND AGENTS/ACCEPTANCE OF PREMISES. (a) Neither Landlord nor any agent or employee of Landlord has made any representations or pzomises with respect to che Leased Premises or che Building, excepc as expressly set forth herein and no rights, privileges, easements or licenses are acquired by Tenant, exceQt as expressly sec fotth herein. (b) The taking of possession of the Leased Premises by Tenant shall be conclusive evidence Lhat, except for minor "punch list" items, if any, the Leased Premises were on such date of possession in good, clean and tenantable condition and thac the Tenant accepts the Leased Premises "as is". 11. TIME OF POSSESSION AND OCCIJPANCY OF PREMISES. If the Leased Premises sha11, on the commencemenc date, be in the possession and occupancy of any person not lawfully encitled thereto, Landlord shall use due diligence to obcain possession chereof for Tenant. If the Leased Pzemises sha11 not be ready for occupancy at said time, because construction has not yet been substantially compleced or by reason of any Building operations, repairing or remodeling to be done by Landlord or by reason of a Tenanc holding over. Landlord shall use due diligence co make the Leased Premises ready for occupancy by Tenanc. It is agreed chac Landlord and Landlord's agents and employees, using due diligence, shall not in any way be liable for failure to obtain possession of the Leased Premises for the Tenant or to deliver the possession chereof to Tenanc and this Lease shall remain in all things in full force and eEfecc and the lease term shall noc chereby be extended except thac the monthly inscallmencs of Annual Base Rent, additional ren[ and ocher amounts payable hereunder shall be abated until the Landlord haz made the Leased Premises ready for occupancy. Provided, however, if the Leased Premises are not ready for occupancy by November 1, 2000 , Tenant, at its option, shall hace the right to terminate this Lease by wriccen notice. 12. ASSIGNMENT AND SUB-LETTING. Tenant shall have che right to assign this Lease or sub-let all or any pan of f.�{USERS�PALNEXIG� ry.W �L�osriL9.hJ.dor ao _��Lo the Leased Premises with the prior writcen consent of che Landlord, which consent shall not be unreuonably withheld provided as follows: (a) the Landlord may in its sole discretion withhold its consenc to an azsignment or a sub-lease (1) to any presenc tenant of Landlord in the Building or any ocher locacion or (ii) to any tenant whose occupancy would be inconsistent wich the character o£ the Building or the purposes sec forch in Section 7 hereof; {b) such assignment or sub-lease shall not relieve Tenant of any of its obligations under this Lease; (c) any profit received from such assignmenc or sub-lease shall promptly, upon receipt thereof, be paid by Tenanc to Landlord; "Profic" as used herein shall mean any amount paid by an assignee or sub-tenant in excess of the Bue Annual Renc and addicional rent accribucable to the Leased Premises being assigned or sub-let afrer deducting therefrom any amounts Tenant has paid for oucside leasing commissions and reasonable tenant improvements occasioned by such assignment or sub-letting; (d) Tenant sha(1 provide Landlord w�ith notice of any assignment or sub-lease in writingcogether wich a copy of such assignmenc or sub-lease, and Landlord shall have xhirty (30) days from receipc thereof to make a decision concerning such assignment or sub-leue; � (e) such assignmenc or sub-lease shall not violace rules, from time to time adopted by Landlord, of general application throughout the Building; (fl the financial condition and credit record of the assignee shall be reasonably acceptable to Landlord; and (� any assignment or sub-letcing made in violation of the provisions contained herein shal] be ineffective. 13. ALTERATTONS. Tenant will not make any al[era[ions of or addicions to the Leased Premises without che prior written approval of Landlord. All work to be performed in the Leased Premises shall be performed by competen[ conccactors and subconcraccors, approved by Landlord, which approval shall not be unreasonably withheld by Landlord, excepc thac Landlord may in any event condition its approval o{ such contraccors and subcontractors on the Tenanc's furnishing sepazate pezformance and payment surety bonds covering any work co be performed by such contractors or subcontractors on the Leased Premises, and Landlord may, in any event, require that concractors and subcontrac[ors normally employed by Landlord be engaged for any mechanical or electrical work and chat any alterations be done by contractors and subcontractors compatible with chose workmen, contraccors and subconcractors employed from time to time in the Building by Landlord. All alceration work performed by or for Tenant hereunder must be perEormed in such manner to avoid disrupcion of che Building operations or disturbance of ocher tenants in the Building. Unless Landlord requires the Tenant to restore che Leued Premises as set fotth in this Lease, all alcerations, additions or improvements which may be made by either of the panies hereto upon the Leased Premises, except office furnishings purchazed by Tenanc which may be removed without damage or desttuction to the Leased Premises, shal] be the propercy of Landlord and shall remain upon and be surrendered with the Leued Premises as a paz[ [hereof a[ the termination of chis Lease or any extension thereof. Tenant will not permit any mechanics, laborers or materialmen's liens to scand againsc che Leased Premises or the Building for any labor or materials furnished to or in connection with any work performed or claimed to have been performed in, on or about the Leased Premises and will immediacely remove all such liens. Tenanc fur[her agrees that in che evenc Tenanc £ails to remove any such liens, Landlord may remove such liens and Tenant shall immediacely ceimburse Landlord upon demand for all coscs and expenses, including atcorney's fees, incurred by Landlord in temoving such mechanic's or materialmen's lien. Ic is underscood and agreed thac the Tenant shall bear full responsibility for ADA compliance �-ithin the entire Leased Premises including, but not limited co, all encrances xo the Leased Premises. Landlord shall be responsible for ADA 1�1USER5IPRLHERIL�'o�+ry. W�� (zsr It 9 JO doa � oc� -\�Vo compliance as the Act may per[ain to common areas of the building. Landlord and Tenanc agree to indemnify and hold each other hatmless for any and all claims azising because of the failure of either to carry out its zesponsibility under this provision. 14. 'I'ENANT EQLTIPMENT AND FURNISH7NG5. (a) Tenant may install or operate in [he Leased Premises any elec[rically operated equipmenc or other machinery which uses standard 110 volc current and which Landlord determines in its reasonable judgment to constitute scandard office equipment. Tenanc shall not inscall any ocher equipmenc of anp kind or nature whatsoever which will or may require any changes, replacements or addicions to or in the use of the heacing, air condicioning, eleccrical or plumbing syscems of the Leased Premises or the Building without first obcaining the prior wricten consent of the Landlord. No plumbing fixtures of any type shall be inscalled within the Leased Premises without Landlord's written approval. If Tenant's business machines and mechanical equipment cause noise or vibration xhac may be transmicted to the scructure of che Building or to any space therein in such a degree as to be reasonably objectionable to Landlord or to any cenant in the Building, xhen Tenanc shall install vibracion eliminacors or ocher devices sufficienc to eliminate such noise and vibration ac Tenanc's cosc. If Tenant uses heat generating machines or equipment (other than standazd office equipment designated by Landlord as set foah above) in the Leased Premises which affecc the temperaturz in the Leased Prernises ocherwise maintained by the air conditioning rystem furnished by Landlord as set forch in Section 15(a), Landlord reserves che right to install or to require Tenant to install adequace supplementary air condicioning equipment in the Leased Premises ac Tenant's cost. (b) No furniture, equipment or ocher bulky items of any description will be received inco the Building or carried in the elevators escept as approved by Landlord. All moving of furniture, equipment and other materials shall be done during hours previously approved by Landlord or Landlord's agent, be under the direct control and supervision of Landlord or its agent which shall not be responsible for any damage to or charges for moving the same. Tenanc shall prompcly remove from the public and common areas in the Building any of the Tenanc's furnirure, equipment or o[her maxerial there delivered or deposiced. Landlord shall have the righc to limit che weighc and prescribe the posi[ion of safes and other heavy equipment or fixtures. Any and all damage or injury to the Leased Premises or the Building caused by moving the propeny of Tenant in or out of [he Leased Premises, or due to the same being on the Leued Premises, shall be repaired by and at the sole cosc of Tenanx. 15. SERVICES FURNISHED BY LANDLORD. Landlord agrees co furnish the following services to Tenant upon the terms and conditions set forch herein wich the costs for such services being parc of the base rent. (a) Hea[ing, Ventilation and Air Conditioning. Land(ocd agzees to fucnish sufficient heac, ventilation and air conditioning to provide a cemperacure condition required in Landlord's reasonable judgment for general scorage under normal business operations. (b) Lavatory Service. Landlord will provide reasonable sewer service and water for drinking, lavatory and toilet purposes in the Building. (c) Electritity. Landlord agrees to provide 110 volt current electricity to the Leased Premises for standard building lighcing and "Standard" of�ce use during nozmal business hours. Any 110 volt equipment a$ich is not reasonably energy-efficient sha11 not be deemed to be Standard heceunder. (d) Elevator Service. Landlord will provide passenger elevator service in common with others at all times. Freight Elevator service shall be coordinated through building management services. (e) Janitor Service. N/A I: \GSERSIPAL�(ER�Lib.+ry.WK� Le.ee [t 93P.dac 00 -��t�o (fl Service Interruption. I[ is understood chax Landlord does not wazrant that any of the services referred co above will be free from interrupcion from causes beyond che reasonable concrol of Landlord. Such interrupcion of service shall not be deemed an eviaion or discurbance of Tenant's use and possession of che Demised Premises or any paz[ theteof or render Landlord liable to Tenant for damages by abatement of rent or otherwise, or relieve Tenant from performance of Tenant's obligations undec this Lease. Landlord agrees to use ics besc effores to pcompclp res2ore said services. 16. TENANT EQUIPMENT - ADDITIONAL UTILI'ITES AND COSTS. (a) If any electrical equipmenc, machinery, plumbing fixtures or ocher mechanical equipmenc installed or used by Tenant in the Leased Premises consume or require utiliry service in addicion co those services to be furnished by Landlord pursuant to Section li, Tenanc shall promptly pay, as additional rent, all charges for such additional ucilities and ucilicy service furnished to the Leased Premises during the xerm of this Lease. If such utilities are sepazarely mecered co the Leued Premises, Tenant sha11 pay a11 such addicional charges direcdy to the utili[y company furnishing the same. To the extent chat utilities are furnished to the Leased Premises without separate mecering, the amounc which may be specially charged co Tenant for additional uti(icy usage sha11 be determined by Landlord on the basis of Landlord's reasonable'estimates of consumption by Tenant of such utilities in the Leased Premises, and on che buis of che costs incurred by Landlord in purchuing such additional utilities for use in the Building. (b) Tenanx shall also promptly pay xo Landlord, as additional rent, all costs and expenses of installation, opera[ion and maincenance of all eleccric lamps, scaaers and ballascs (bux excluding the cosc for light bulbs installed by Landlord prior to Tenant's initial possession of the Leased Premises} all additional electrical wiring caused by electrical equipmen[ installed by Tenant with Landlord's approval other than the scandard office equipment described in Section 14(a), any supplemental air conditioning equipmen[ or vibra�ion or noise elimina[ion equipmenc, described in Section 14(a), all piumbing fixtures and all additional sew and water services used in or on the Leased Premises in addition co those described in Section 15(b). 17. NO WARRANTY AS TO SERVICES. Landlord does not warrant that any of the services it is required to provide under the terms of this Lease will be free from incerrupcion. In�errupxion of service shall never be deemed an eviction or disturbance of Tenan['s use and possession of the Leased Premises or any part thereof, or render Landlord or Landlord's agencs or employees liable to Tenant for damages, or relieve Tenant from performance of Tenant's obligazions under this Lease. Provided, however, chat Landlord wi11 use due diligence to restore the interrupced service as soon as reasonably possible and, to the extent that che incerruption of service is under the control of Landlord, such incerruption will be dnring non-business hours as much as possible. 18. ENERGY POLICIES. Wherever in this Lease any terms, covenants or conditions are required to be performed by the Landlord, the Landlord shall be deemed to have kept and performed such terms, covenancs and condicions notwichstanding any accion taken by the Landlord, if such action is pursuant to any governmencal regulations, requirements or directives. Without limiting the generality of the foregoing, the Landlord may reduce the quanticy and quality of all utilicy and any other services and impose such regulations u che Landlord deems necessary in order to preserve energy. Landlord agzees that its determination hereunder shall in all instances be reasonable. 19_ INDEMNIFICATION OF LANDLORD. Tenant agrees xhat it wi11 indemnify, defend, and hold Landlard harm]ess from any and all claims for injury or damage co persons resulcing from any act, omission or neglect by 7enanc, or any other cause which arises from or is connecced with the Tenant's possession or use of the Leased Premises of the Building. 20. PKOPERTY DAMAGE - MIJTUAL WAIVER OF LIABILITY. Except for specific obligations co repair damage t:1 USERS1PALi�ER\Lbn.ry.Wer Luue 11.9 J0.dor ac -��t,O or descruction to che Leased Premises as set �or[h in this Lease, Landlord and Tenant are hereby mutually released from any and all claims of any naxure now or hereafrer azising from or on account of damage or descruction to the Leased Premises or the Building or [o any personal propeny of any of the foregoing con[ained therein or thereon, whecher such damage or descruction is caused by, arises or resulu from fire, other perils ot any other cause whatsoever. Landlord and Tenant each agree to look to their respeccive insurance carriers for proteaion against any such damage or descruaion to any of their respeaive real oz personal property and do hereby waive all rights of subrogation. 21. LIABILIIY OF LANDLORD LIMITED TO INTEREST IN PROPERTY. In the evenc of a defaulc, breach or violacion by Landlord (which term includes Landlord's officers, direccors, employees, abencs or representatives) of any of Landlord's obligacions under chis Lease, Landlord's liability to the Tenant shall be limited to its ownership incerest in the Proper[y. _ 22. TENANT INSURANCE. The City of Saint Paul agrees to maintain a self-funded ptogram to respond to a11 risks associated with this lease. The City of Saint Paul agrees to endorse onto their pzopeny insurance policy a waiver of subrogacion covering risks associaced with this lease. Nothing in this agreemenc shall be conscrued to diminish or waive the limits and/or exceptions on liability provide to the City and to the County under MN Statute X466. 23. FIRE OR OTHER CASUALTIES. If the Building is substantially damaged or destroyed by fire or other cuualty, che Landlord shall have the righ[ xo terminate this Leue, provided ic gives writcen notice thereof [o the Tenanc wichin Ninety (90) days after such damage or destruction. If a porcion of the Leased Premises is damaged by fire or other casualty, and Landtord eleccs not to terminate this Lease, the Land]ord shall within a reasonable time and at iu own expense, rescore theLeased Premises, exclusive of any alteracions or other changes made to Leased Premises ac any time by or at che direction or reques[ of Tenan[, to as near the condition which existed immediately prior to such damage or descruc�ion as reasonably possible. In the evenc Landlord so elects to restore the Leased Premises, rent shall abate during such period of time as the Leued Premises are unusable in proQor[ion that the unusable portion of the Leased Premises shall bear co the entire Leased Premises. If che substancial descruceion to the Building or to that portion of xhe Building subjecc to this Lease and the Leased Premises cannot be substanxially restored within 180 days from the time of such damage or destruction, then the Tenant shall have the right to terminate this Lease. The Landlord shall not be responsible to the Tenan[ for damages to or desczuction of any furnicure, equipmen[, al[erations or o[her changes made or installed in, on or about the Leased Premises regardless of the cause of the damage or descruction. 24. EMINENT DOMAIN. N/A 25. SIGNS. No sign, advertisemen[ or notice shall be inscribed, painted, affixed or displayed in any part of the oucside or the inside of che Building except on the clireccories and che doors of offices, and chen only in such place, numbec, size, color and style as approved by Landlord. Any such permitted uses, excepting initial listing on directories in the main building lobby and the standard building sign installed by Landlord for each Tenanc, shall be ac che sole expense and cosc of Tenant. If any such sign, advenisement or notice is improperly exhibited, Landlord shall have the right co remove the same without any 1ega1 proceeding and Tenanc shali be liab(e for any and all expenses incurred by Landlocd by said removal. 26. WINDOW COVERINGS. N/A. 27. ACCEP7ANCE OF TENANT'S GOODS. Tenant authozizes Landlord and Landlord's agencs and employees to accept and sign for shipments az a convenience and measuce of traffic control with a scamp which shall indicace that any signacure is authorized only to clear che loading dock or other receiving areas as a matter of convenience, and such signature does not constitute acceptance by the addressee and does not relieve the carrier of any liability nor creace an agency or bailmen[. Tenant hereby releases Landiord and Landiord's agents and employees from anp and all liability resulting from or related co the acceptance of goods addressed to Tenant and delivered to che Building's loading dock or other areas designated for receipt of goods. /.�lU5ERS1PdL41ER IGbr,.ry It'er Com Il 9.,10 dac 00 -�\l.o 28. RLJLES AND REGULATIONS. Tenant shall use the Leased Premise and che public and common azeas in the Building in accordance with such rules, regulations and procedures as may, from time to time, be made by the Landlord for the general safety, comforc and convenience of the ownen, occupants and tenants of the Building and shall cause Tenant's employees and invicees to abide by such rules and regulations. 29. WASI`E. Tenant shall use due care in the use of heac, air condicioning, wacer and elearicicy, the use of the Leased Premises and the public and common areas in the Building and w ithouc qualifyingthe foregoing, shall noc neglecc or misuse water fixtures, elecczic lights and heating and air condicioning apparacus. 30. KUBBISH AND AEBRIS. No rubbish, din, overshoes, mazs, umbrellas or objects of any kind sha11 be put in the public or common areas in che Building by Tenanc. . 31. HAZARDOUS SUBSTANCES. Tenant shall no[ cause or permit any Hazardous Substance to be used, s[ored, generated or disposed of on, in or about the LeasedPremises by Tenant, Tenanc's agents, employees contractors, or invitees without firsc obcaining Landlord's written consent. If Hazardous Subscances are used, scored, generaced, or disposed of on, in or about che Leased Premises, or if the Leased Premises becomes contaminated in any manner, Tenanc shall indemnify and hold harmless the Landlord (and its agents and emptoyees) for any and a11 claims, damages, fines, judgmencs, penalcies, costs liabilities oz losses (including, wi�hout limicacion, �a decrease in value of the Leased Premises or che land or building of which they are a parc, damages caused by loss or restriction of rentable or usable space, or any damages caused by adverse impacx on markecing of the space, and any and all sums paid for settlement of claims, attomey's fees, consuhant, and expert fees) arising during or a£tet the Commencement Date and arising as a result of any use, storage, generation or disposal of any Hazardous Subscance or any such contamination by Tenanc. This indemnification includes, without limitation, any and a11 costs incurred because of any investigation of the sice or any cleanup, cemovai, or rescoration mandated 6y a fedecal, state or local agency ot political subdivision. If the Tenanx causes or permits the presence of any Hazardous Substances on the Leased Premises [hac results in concamination, Tenant shall promp[ly, at its sole expense, take any and all necessary actions to recurn che Leased Premises co the condition existing prior to the presence of any such Hazazdous $ubstances on the Leased Premises. Tenant shall firsc obtain Landlord's approval for any such remedia] action. As used herein, "Hazardous Substances" means anysubscance chat is [oxic, ignitable, reactive orcorrosive regardless whether same is regulated by any local government, the State of Minnesota, or the United States Government. "Huardons Subscances" includes, bu[ is not limited to, any [oxic or hazazdous substance and any and all macerial or substances [hat are defined u"hazardous waste", "extremely hazazdous wasce", or a"hazudous substance" pursuant to state, federal, or local governmental law. "Hazardous Substances" includes, but is not restricted co asbestos, polychlorobipheny]s ("PCBs"), petroleum and petroleum products. 32. VENDING MACHINES. No vending machines shall be inscalled in the Leased Premises wichout the writcen consent of Landlord. 33. LIGHT AND AIR. Tenanc has no right co light or air over any premises adjoining che Building. 34. LANDLORD'S RiGHT TO ENTER PREMISES. Landlord, or its auchorized agents or atcorneys, may at any reasonable time encer che Leased Pcemises co inspecc, make repairs and improvemenes andfoc changes in the Leued Premises or other premises in [he Building as Landlord may deem proper. Landlord's reserved rights hereunder shall include, without limitation, free, unhampered and unobstrucred access to Building airways, equipment duas, underfloor heater duccs, scairvrays, access panels and all cleaning and utility services. Thece shall be no diminution of renc or liability on the pan of the Landlord by reason of any inconvenience, annoyance or injury co business caused by Landlord's exercise of the rights reserved by Landlord in this paragraph. 35. S£CURITY OF LEASED PREMISES. Tenant assumes full responsibility for procecting the Leased Premises from L \USfRS�PALN&21LibmryWna Leose 11.9.00.daa ao -�\b0 the$, robbery and pilferage, which includes keeping doors locked and other means of entry co the Leased Premises closed and secured aftez normal business hours. 36. REPAIRS. Tenant shall prompdy pay to Landlord upon requesc an amount equal to any cosc incurred b} Landlord in repairing the Leased Premises and/or public and common areas in the Building when such repairs were made necessary- by the negligence of or misuse by the Tenant. 37. LEASE 70 BE Si3BORDINATE. Landlord may cause this Lease to be made subjecc and subordinate to all ground or underlying leases, mortgages and rescrictions which may now or hereafrer affecc che Building and to all renewals and extensions chereof. For conEirmacion of such subordination, Tenant shall execute prompcly any subosdination agreement requested by Landlord. Tenant hereby irrevocably constimces and appoints Landlord as Tenant's agent to execuce aqy such subordinacion agreement or agreemen�s for or on behalf of Tenanc. Such subordination is subject to Tenant enjoying che quiex possessioa of che Leased Premises if any Ground Landlord or Morcgagee becomes landlord hereunder provided thac Tenant is not then in default hereunder or does not de£ault in the future. 38. ESTOPPEL GERTIFICATE. Tenant agrees chat ac aay time and from 2ime co time upon noc less than five (5) days . prior wricten notice by Landlord, co execute, acknowledge and deliver to Landlord a scatement in writing: (a) Certifying thac this Lease is unmodified and in fu11 focce and effecc or if chere have been modificacions, thac this Lease is in £ull force and effecc as modified and staxing the modifications. (6) Stating the daces co which [he renc and other charges hereunder have been paid to Landlord. (c) Scacing whecher or not, co the besc knowledge of Tenant, Landlord is in defaulc in the performance of any covenants, agreements or conditions concained in chis Lease and if so, specifying each such default of which Tenanc may have knowledge. (c� Responding to such other matters as Landlord reasonably requests. Any such statement delivered pursuant hereto may be relied upon by any owner or prospective purchaser of the Building, any prospeccice mortgagee of the Building or Landlord's incerest therein or any prospeccive assignee of any such mor[gagee. 34. T'ENANT TO SURRENDEK PREMISES IN GOOD CONDITION. tlpon the expiracion or terminacion of che lease cerm, Tenanc shall at ics expense: (a) Remove Tenanc's goods and effeccs and those of all persons claiming through Tenanc; (b) Quit and deliver up the Leued Premises to Landlord peaceably and quiecly in as good order and condition as the same were on the Commencemenc Dace or were chereafter placed in by Landlord, reasonable wear and tear and damages from fire and ocher cuualties excepted; and (c) At Landlord's request, restore xhe Leased Premises to general office standards adopted from time to time by Landlord for general application throughout the Build'ang. Any property ]efc in the Leased Premises a{cer the expiration or termination of che Lease sha11 be deemed xo have been abandoned and shall be deemed the property of Landlord to be disposed of as Landlord sees fit. 40. HOLDING OVER. Any holdover a£ter the expiration of the cerm of this lease sha116e alloc� only after receiving the written consent of the Landlord. Said tenancy shall be deemed to be a tenancy only from monxh-to-month. All other terms and conditions of chis lease shail be applicable. 41. DEFAULT. The occurrence of any of the follow�ing evencs shall constituce a default byTenanc under chis Lease: !:\(.5ER5\PALH£A \L�bra �We� Le.ue 11.9.9J.dor 60 -�\1.0 (a) Tf Tenanc shall fail to pay any amounxs to be paid by it hereunder, including but not limiced to Base Annual Renc and additional renc and such defaulL shall continue for a period of secen (� days afrer Landlord has gicen Tenant w notice of such failure to pay; or (b) If Tenant fails to perform or observe any of Tenanc's ocher obligacions, covenants or agreements herein or hereunder, and such failure shall concinue 4or a period of twenry (20) days afrer Landlord has given Tenan[ writcen notice thereof; or (c) If Tenanc makes a general aseignmenc for che bene£it of creditors, oc, subjecc co che rights of a Trustee in Bankruptcy files, or has filed against it, a petition in bankruptcy underthe Bankruptcy Reform Acc of 1978 or under any other applicable law of the Uniced Scaces of America or any state thereof, consents to the appoin�menc of a cruscee or receive for Tenanc or for i[s propercy, or if Tenant takes any action for the purpose of effecting or consen[ing to any of the foregoing; or (d} I£ Tenant holds over afret the expira[ion or cermina[ion of this Lease. (e) The abandonment or vacating of the Premises by Tenanc. Upon the occurrence of any of the foregoing defaults, Landlord may, but with no obligation to do so immediately ze-encer the Leased Premises and remove all persons and property therefrom. Landlord shall have the right to keep this Lease in full fozce and effect or, ac ics opcion, terminate this Lease u to a11 future rights of Tenant. Tenan� hereby expressly waives the service of any notice in wricing of Landlord's incenx to re-enter [he Leased Premises. Tenanx shall be liable to Landlord againsc a111oss of rents and ocher dacnages which it may incuc by reason of such default, including all attorney's fees and expenses incurred in enforcing any of the terms of this Lease. If Tenanc defaulcs before expiration or termination of che term of [his Lease, and Landlord eleccs to terminate this Leue, Landlord may accelerace Tenant's financial obligation hereunder; upon such acceleration, the entire Annual Base Renc and addicional rent and othercos[s as reasonably determined by the Landlord due for the 6alance of the term hereof sha11 be immediately due and payable. In the event Landlord re- encers the Lease Premises as seL forzh herein, and, whecher it elects to keep this Lease in effect or terminate it, Landlord may re-let the Leased Premises for such rent and upon such cerms as are not unreasonable under the circumscances. In such event, Tenant also shall be liable for all costs, expenses and damages incurred or suscained by Landlord in re-letting the Leased Premises including, without limitation, deficiency in rene, attorney's fees, expenses of placing che Leased Premises in first class rentable condition, brokerage fees, tenant allowances, improvements or payment of any oxher tenant inducement. Landlord shall have the right to commence one or more actions to enforce the terms hereof and the commencement and prosecution of one action shall noc be deemed a waiver or an estoppel from commencing one or more actions from time to time in che future. Procisions contained in this section shall be in addition co and shall noc prevenx the enforcement of any claim Landlord may have against Tenant for aneicipatory breach of che unexpired cerm of this Leue. All rights and remedies of Landlord under this Lease shall be cumulative and shall not be exdusive of any other rights and remedies provided co Landlord under applicable law. 42. HABITUAL DEFAilI.T. Notwithstanding anything to the contrary contained in this Lease, the pa¢ies hereto agree thac if the Tenant sha11 have defaulted in the performance of any (but not necessarily che same) term or condition of this Leue for three or more times during any 12-month period during the cerm hereof, then such wnduct shall, ac the election of the Landlord, represent a separate evenc of default which cannot be cured by the Tenanc. Tenant acknowledges that the purpose of this provision is to prevent repetitive defaults by the Tenanc under the Lease, R work a hardship upon che Landlord, and apprise the Landlord of the timely performance by the Tenant hereunder. 43. RIGHT TO CURE DEFALJLTS. If Tenant defaults in the observance or performance of any of Tenan['s covenants, agreements or obligations hereunder wherein the defaulc can be cured by che expendicure of money, Landlord may, buc w obligacion, and withouc limiting any other remedies w hich it may have 6y reason of such defauic, cure the default, /aLSERSIPdLNER 1Libri � Wg� Lryr f t9.00.dor IQ bo -���.0 charge the cosc thereof to Tenant and Tenant shall pay the sazne forchwith upon demand. If Landlord is required to commence a legal action to recover such sums from the Tenanc, Landlord shall also have the right to recover all incerest cos[s and atrorney's fees in conneccion wich such litigation. 44. USE OF THE TERMS "LANDLORD" AND "TENANL". The terms "Landlord" and "7enant" wherever used in this Lease, shall be construed to mean plural in all cases where thete is more than one Landlord or Tenant and the necessary grammacical changes required to make the pcovisions hereof apply co corporacions, partnerships or individuals, men or women, shall in all cases be assumed as though in each case fully exprused. In addicion, where relevant in this Lease and especially in wnnection with the provisions of chis Lease relating to personal injury, limicacion o£ liability, indemnificacion, property damage and insurance, "Landlord" shall mean Landlord, its respeccive employees, agents, invicees, licensees, customers, cliencs, parcners and shareholden and "Tenanc" shall mean its employees, agents, business invitees, licensees, customers and clien�s, family members, guests, ttespassers, panners and shareholders. 45. LANDLORD'S CONSENT. Unless it is expressly scated herein tha[, az to any paniculaz required consent, Landlord's consent shall noc be unreasonably withheld, Landlord's consent need be given only a[ Landlord's sole discre[ion. 46. IN7EftEST ON AMOUNTS DIIE LANDLORD. In the event any inscallmencs of Annual Base Rent, Additional Aenc or other charges co be paid by Tenan� under the provisions of chis Lease shall noc be promptly� paid, Tenant shall pay to the Landlord as Additional Rent for each day after the seventh (7th) day on which such payment is due but unpaid, a late charge equaling 1/60th of the payment due but not paid, buc if such charge exceeds the maacimum permitted by law, such charge shall be reduced co che highest amount permitted under such circumstances. 47. EXECIJTION BY LANDLORD. Submission of this instrument to Tenant, or Tenant's agents or actorneys, for examination or signature does no[ constituce or imply an offer to lease, reservation of space, or op[ion to lease, and [his Lease shal] have no binding legal effecc until execution hereof by boch Landlord and Tenanc. 48. CONTINTJANCEOFAGREEMENT. ThisAgreemen[shallbebindinguponandinureforthebeneficoftheparcies hereco and subjecc to the restriccions and limitacions herein contained, their respective heirs, successors and assigns. 49. PROTECTION OF LANDLORD IN THE EVENT OF SALE OF THE PROPERTY. "Landlord", u the term is used in this Lease, means only the owner or the mortgagee in possession or grantee in possession under a deed of trust, or the owner of chis Lease for �he time being, so that in the event of any sale or sales of such land and/or building or of this Leaze, or in the event of a ground lease of such land, the Landlord shall be and hereby entirely freed and relieved of ail covenan�s and obligations of Landlord hereunder, and it shall be deemed and construed withouc funher agreement becween the parties or their successors-in-interesc that the purchaser of the lease or assign of the land and/or buildin� has assumed and agreed to carry out any and all covenancs and obligations of the Landlord hereunder. 50. SEVERABILTT'Y. The provisions of this Lease aze expressly severable, and the unenforceability of any� provision or provisions hereof sha11 noc affect or impair the enforceability of any other provision of procisions. 51. MEMORANDUM LEASE. Tenant and Landlord shall, upon the written request of the othzr, execute a memorandum ot short form lease, in a form suitable for recording. Said Memorandum Leue shall be daced on the date and year of the execution of chis Lease and shall disclose che panies, the terms of the Lease, the legal descripcion of the Demised Premises and may con�ain, in addicion to the foregoing, such ocher terms and condicions as Landlord or Tenant, as the case may be, may require. 52. WAIVER OF COVENANTS. Failure of Landlord to insisc, in any one or more instances, upon scrict performance of any cerm, covenanc or condition of this Lease, or co exerci�e any option herein contained, sha11 noc be conscrued as a waivet, or a relinquishment for che fucure of such term, covenant, condition or option, but che same shall concinue and &lUSEBSVALNEA1L�b.sry W �r Ce,.�e ]19.00.dor 11 bo -���.o remain in full force and effecc. The receipt by Landlord of rents with knowledge of a breach in any of che cerms, covenan�s and conditions of this Lease to be kept or performed by Tenant shall noc be deemed a waiver of such breach, and Landlord shall not be deemed to have waived any provision of this Lease unless expressed in writing and signed by Landlord. 53. NO'I'ICES. Any nocice or demand which, under [he terms of this Lease or under any s[acute musc or may be given or made by the par[ies hereto, sha11 be in writing, and may be given or made by personal delivery or mailing the same by certified mail, addressed to the other party at [he address hereinbelow mentioned. Either parcy, however, may designate in writing such new or other address to which such nocice or demand shall thereaf�er be so given, made or mailed. Any notice given hereunder by mail shall be deemed delivered when deposiced in the United States mails, ceaified mail, re[urn receipt requested, poscage prepaid, and addressed as herein provided: (a) If co Landlord, ac: Mr. Julio A. Mangine, Dizector Ramsey County Propeny Management 50 ��est Kellogg Boulevard, Suite 660 Saint Paul, MN 55102 (b) If co Tenanc, at the Leased Premises {unless notice of change of address is given pursuant to this section) or at following address: Mr. Fran Gaulc Saint Paul Public Library 90 Wesc Fourch Screec Saint Paul, MN 55102 54. RIGHT TO RELOCATE. Landlord reserves the righc, at its opcion and upon givingthircy (30) days notice co Tenanc, to transfer and remove Tenan� from �he Premises to any other available space in the Building of equal size and area. Landlord shall bear che expense of moving Tenant's furniture, fixtures, and ocher personal propercy as well as the expense of any renovacions or alteracions necessary to make [he new space similar in arrangement and layout to the ociginal Premises. 55. RENT TAXES. If applicable now or in the fucure, in the jurisdiction where the Leased Premises are located, Tenanc shall pay as addicional renx to Landlord concurrently with rent upon which such tas is based or within [en (10) days afrer written request [herefor, as directed by Landlord, any stace or local sales tas, gross receipx tas, business license tar or other tax, however denominated, imposed direcxly upon [his Lease, the renx paid pursuant to this Lease or the operacion of the Leased Premises as rental propeny. Tenant shall not be obligaced co pay any federal, scaxe or local income tas imposed on Landlord. 56. AMENDMENTS. This Lease may be amended only in writing, and executed by boch parcies here[o. 57. MISCELLANEOUS. There are no understandings or agreements noc incorporated in this Lease. This is a Minnesota lease and shall be conscrued according to the laws of che Stace of Minnesota. The capcions in chis Lease are for convenience only and aze not pan of chis Lease. (�[iSERS WAL1tER�Lr� ry.WO� Luse 11 9 J�.dor 1� 0 0 -���.o IN WITNESS WHEREOF, Landlord and Tenanc respeafully have duly signed and sealed chese presencs the da}- and year firsx above wrixten. LANDLORD: B County Manager � � � Propercy Managemeni Budgecing and Accounting Gouncy Atcornep, As to FormfInsurance TENANT: B _ Mayor By: Finance Direccor s C!��� /�����e _.� Library Director � Gity Attorney, As co Form I �L'SERS1PdLHER \L�b..ry.Wmr 4rse It 9JJ dor 13 Return copy to: Real Fstate Division 140 CYty Hall Q�1�I�IQL Presented By Refened To Committee: Date � i BE IT RESOLVED, that the proper City officials aze hereby authorized and directed to execute a two year z lease agreement with Ramsey County for 9,600 square feet of storage space for books and library materials in s the Ramsey County Government Center West at an annual rate of $2.50 per square foot. Requested by Department of: Adopted by Council: Date �,.� . t'3 a.�. o � , Adopuon Certified by Council Secretary By: � � �-�--�-�� Approved by or: Date �i -/' �' _ By: Council ESIe # 0o—\\CO Green Sheet # t\t834 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Technologv & Manaeement Services By: �lY�1, �����.���-- Direct 9 Form Approved by City Attorney ` �'b�� ' lA/ � B ,� W�^'ec�-- J1.28'- �v Approvel3 %y� for Submission to Council � / By: _ � .M.5./REAL �STATE DIVISION Date: November 20, 2000 reen Sheet umber 111826 ontac[ Person and PLone N�Ler: ` �i, � 2 EPARTMENTDIAECfO 4 C1TY COLINCII. � O�,� \� ` Q DaveNelson �� 266-8850 .�.e"" 1 ATTO �"��t i� � T7DGE1'DIltECTOR FFICEOFFAANQJLSVCS. ost be on Comd Agenda by: 3 YOR (OR ASSISTAi�'1� 5 ESTA7'E DIVZSTON OTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATSONS FOR SIGNATURE) CTION REQUESTID: To authorize the proper CSty officials to egecute a two year lease agreement with Ramsey County for 9,600 sqnare feet of storage space for books and library materials. Ref: 1. Resolution for consideration; 2. Sample copy of lease agreement� CObIMENDATIONS: APPROVE (A) OR REJECT (R) ERSONAL SFdZVICE CONTRACTS NNST ANSfVER THE FOLLOWING: . Has the person/C¢n� ever worked mder a contractfor this deparUnent? YES NO PLANNINGCOMMISSION A STAFF . Has this person/6rm ever been a City employee? YES NO CNII. SSItVICE COMMLSSION ' . Does tLis peison/Sim possess a sltill not norivally possessed by anp YES NO cm coMMiiTSe current C1ty employee? E]ain all YR.S ancwers on a azate sLeet and attach. UPPORTS WfiICH COUNCIL OBJECTIVE? OUNCIL WARD(S) 2 DISTRICT PLANNING COUNCIL 1^� 1VITSATING PROBLEM� TSSi7E, OPPORI'ONITY (Who, Whay WLen, Where, Why?): Library Services requires storage space for books and library materials. VANTAGESIFAPPROVliD: This will provide the needed space. ISADVANTAGES IF APPROVED: None ISADVANTAGES IF NOT APPROVID: Library Services will still need storage space. OTAL AMOUNT OF TRANSACTION: $�}$� COST/RIVENUE BUDGETED (CI1tCLE ONE) YES NO uvcsoutecE: CPL C00 3T 517 0898 31001 AcTIV�TY r�rMB�x: ANC7AL INFORMATION: (E.�LAIN) 9,600 squaze feet at $2.50 per square foot per year =$24,000, for two years =$48,000. �i �:��:,,, . .. ,:.. __ a . ..... ..... �.a� ���,:: _ :u.� � ..< r . �= �.�.3<� �/ ad -���o i inioo ` L�ASE F;:-%' �� ,, y � � ; RA MSEY COUNTY LANDLORD � .�� �:.: � CITY OF.-�AINT: PAUL PUBLIC LIBRARY TENANT OO �\�I�O LEASE AGREEMENT This Lease entered inw as of this _ day of November. 2000 by, and between Ramsev Counxv ,(hereinafter "Landlord") and Cicy of Saint Paul ,(hereinafter "Tenant"). Witnesseth that: 1. PREMISES. Landlord does hereby lease to Tenant, and Tenant does hereby take from Landlord, those cenain premises comprising approximately 9,600 squaze feet of rentable azea identified on Exhibic A actached hereto (hereinafter the "Leued Premises"). The Leased Premises is loca[ed in the building office complex known as Raznsev Councv Government Center West, (hereinafrer "che$uilding"), which is located at 50 West Kellogg Boulevazd, Sainc Paul, Minnesoca; and which includes, surface pazking, walking ueas, landscaped areas and cerzain common areas and facilicies thac are shared wi[h occupants of other space in the Building under rules and regulaxions as ins[ituted by Landlord from time to cime. 2. TERM. The lease term shall commence on che day of November . 2006, (hereinafter Commencement Date) and shall continue thereafcer co and including the 30` day of November. 2002 unless earlier cerminated. Either party, wich 60.days writcen nocice to the opposite party, may terminate this leaze at any time during the term of the lease. 3. ANNUAL BASE RENT. Senant sha11 pay to Landlord during che lease term an annual base rent in monchly inscallments pursuanc co the following Schedule: Tenant agrees to rent from Landlord 9,600 Square Feet at a rate of $2.50 per square fooc. From the commencement of the Lease Term until termination, but not beyond November 30. 2002, the sum 5 24.000.00 oer vear, payable in equal monthly installments of $ 2,000.00 on the first day of each month during che Lease Term; from November 1. 2006 , until termination, bux not beyond November 30, 2002. The monehly instatlments of Annual Base Rent shall be due and payable in advance on the lst day of each monxh. 4. CONTRIBUTION'IO OPERATING COSTS. N/A 5. ADDITIONAL TAXES. The Tenant is a tas exempt governmen[al agency under the laws of thz State of Minnesota. 6. SECURITY DEPOSIT. Concurrently with Tenant's execution of xhis Lease, Tenan[ shall deposit with Landlord che sum of ZEIZO Dollars ($ 0.00 ) to secure Tenant's performance o£ each and every covenant and agreement to be performed by Tenan[ under this Lease. Landlord shall have the right, at its option, to apply all or part of same towazd the payment of such amounts required to remedy any default of Tenant in the payment of rent, additional rent, or other charges or in the per£ormance of any other covenant or agreement contained herein; provided however, the existence of said Security Deposic shall not effect the right of the Landlord in the evenc of any such nonpayment or £ailure co perform, nor shall same in any way limic Tenani s responsibility therefor, and shall not preclude or excinguish any other right or remedy to which Landlord may be entitled. In the event of application of all or any part of said Securi[y Deposit, Tenant shall immediately upon notice from Landlord pay to Landlord an amount sufficienc to resxore the Security Deposit in fu11. If upon the scheduled termination dace of this Lease, Tenant hu performed each and every covenanc and agreement herein required of Tenany Landlord shall reimburse Tenant for the amounc of any unused portion of said Securicy Deposit and in no event shall any interest be due and owing thereon. In �he evenx this Lease is terminaced prior xo the above date or Tenanx shall have failed to comply with each and ecery covenant herein, then Landlord shall be entitled co hold the Security Deposit until actual damages have been determined, and apply the Security Deposit against said damages. In the event che Premises are transferred by Landlord, the Security Deposit, or balance chereof, wili be turned over to the Landlord's successor or cransferee, and Tenant agrees to look solely xo such successor or transferee for such applicacion or return of said Security Deposit. 1:\CSERS\PALtlER Le.rr 11.9.OD.Aoo 00 -t��.o 7. USEANDINSURANCERAT'ING. TenantshallusetheLeasedPremisesforthefollow purposes whatsoever: Storaee of books and other library related materials and furnishings Tenant will not conduct or permit to be conducced any activicy or place any equipment in or abouc che Leased Premises, which will in any way increase the race of fire insurance or other insurance on the Building; and if any increase in the race of fire insurance or other insurance is stated by any insurance company or by the applicable insurance rating bureau co be due to accivity or equipmeat of Tenant in or about the Leased Premises, such scacement sha11 be conclusive evidence that such increase in such rate is due to such accivity or equipmenc, and as a result chereof, Tenant shall be liable for such increase and sha11 reimburse Landlord therefor. 8. SPACE ADJUSTMENTS. Tenant acknowledges that much of che rental space in the Building may be rented in smaller unics and therefore it may be necessary for Landlord to make adjustments in Tenanc's space or actuaily relocate Tenant within the Building so that the space needs of all tenants may be accommodaced. Tenanc agrees thac Landlord may, at any time, and from time to time, relocace Tenanc within che Building, provided thac Landlord shall pap any of Tenant's direcc coscs in conneccion therewith. Ic is expressly a�reed, however, that Landlord shall have che right for the period ending 60 days after the commencement date of this Lease, co relocate Tenanc withou� any charge to Landlord. Landlord's righc �o relocate Tenant is conditioned only on the obligacion chat �he new leased premises shall be locaced in the Building and shal] not varp in size more than plus or minus five percent (5°l0) from the Leased Ptemises. Tenant shall pay rentals based on the accual zencable area calculated for �he space occupied after such relocation, whether said space is larger or smaller chan the Leased Premises. If Tenan[ shall be moved more than once, the new space shall never vary more than ten percent (10%) from the originally estimated space. 9. LEASEHOLD IMPROVEMENTS. There are no leuehold improvements relaced to chis lease. S0. NO WARRANTIES BY LANDLORD AND AGENTS/ACCEPTANCE OF PREMISES. (a) Neither Landlord nor any agent or employee of Landlord has made any representations or pzomises with respect to che Leased Premises or che Building, excepc as expressly set forth herein and no rights, privileges, easements or licenses are acquired by Tenant, exceQt as expressly sec fotth herein. (b) The taking of possession of the Leased Premises by Tenant shall be conclusive evidence Lhat, except for minor "punch list" items, if any, the Leased Premises were on such date of possession in good, clean and tenantable condition and thac the Tenant accepts the Leased Premises "as is". 11. TIME OF POSSESSION AND OCCIJPANCY OF PREMISES. If the Leased Premises sha11, on the commencemenc date, be in the possession and occupancy of any person not lawfully encitled thereto, Landlord shall use due diligence to obcain possession chereof for Tenant. If the Leased Pzemises sha11 not be ready for occupancy at said time, because construction has not yet been substantially compleced or by reason of any Building operations, repairing or remodeling to be done by Landlord or by reason of a Tenanc holding over. Landlord shall use due diligence co make the Leased Premises ready for occupancy by Tenanc. It is agreed chac Landlord and Landlord's agents and employees, using due diligence, shall not in any way be liable for failure to obtain possession of the Leased Premises for the Tenant or to deliver the possession chereof to Tenanc and this Lease shall remain in all things in full force and eEfecc and the lease term shall noc chereby be extended except thac the monthly inscallmencs of Annual Base Rent, additional ren[ and ocher amounts payable hereunder shall be abated until the Landlord haz made the Leased Premises ready for occupancy. Provided, however, if the Leased Premises are not ready for occupancy by November 1, 2000 , Tenant, at its option, shall hace the right to terminate this Lease by wriccen notice. 12. ASSIGNMENT AND SUB-LETTING. Tenant shall have che right to assign this Lease or sub-let all or any pan of f.�{USERS�PALNEXIG� ry.W �L�osriL9.hJ.dor ao _��Lo the Leased Premises with the prior writcen consent of che Landlord, which consent shall not be unreuonably withheld provided as follows: (a) the Landlord may in its sole discretion withhold its consenc to an azsignment or a sub-lease (1) to any presenc tenant of Landlord in the Building or any ocher locacion or (ii) to any tenant whose occupancy would be inconsistent wich the character o£ the Building or the purposes sec forch in Section 7 hereof; {b) such assignment or sub-lease shall not relieve Tenant of any of its obligations under this Lease; (c) any profit received from such assignmenc or sub-lease shall promptly, upon receipt thereof, be paid by Tenanc to Landlord; "Profic" as used herein shall mean any amount paid by an assignee or sub-tenant in excess of the Bue Annual Renc and addicional rent accribucable to the Leased Premises being assigned or sub-let afrer deducting therefrom any amounts Tenant has paid for oucside leasing commissions and reasonable tenant improvements occasioned by such assignment or sub-letting; (d) Tenant sha(1 provide Landlord w�ith notice of any assignment or sub-lease in writingcogether wich a copy of such assignmenc or sub-lease, and Landlord shall have xhirty (30) days from receipc thereof to make a decision concerning such assignment or sub-leue; � (e) such assignmenc or sub-lease shall not violace rules, from time to time adopted by Landlord, of general application throughout the Building; (fl the financial condition and credit record of the assignee shall be reasonably acceptable to Landlord; and (� any assignment or sub-letcing made in violation of the provisions contained herein shal] be ineffective. 13. ALTERATTONS. Tenant will not make any al[era[ions of or addicions to the Leased Premises without che prior written approval of Landlord. All work to be performed in the Leased Premises shall be performed by competen[ conccactors and subconcraccors, approved by Landlord, which approval shall not be unreasonably withheld by Landlord, excepc thac Landlord may in any event condition its approval o{ such contraccors and subcontractors on the Tenanc's furnishing sepazate pezformance and payment surety bonds covering any work co be performed by such contractors or subcontractors on the Leased Premises, and Landlord may, in any event, require that concractors and subcontrac[ors normally employed by Landlord be engaged for any mechanical or electrical work and chat any alterations be done by contractors and subcontractors compatible with chose workmen, contraccors and subconcractors employed from time to time in the Building by Landlord. All alceration work performed by or for Tenant hereunder must be perEormed in such manner to avoid disrupcion of che Building operations or disturbance of ocher tenants in the Building. Unless Landlord requires the Tenant to restore che Leued Premises as set fotth in this Lease, all alcerations, additions or improvements which may be made by either of the panies hereto upon the Leased Premises, except office furnishings purchazed by Tenanc which may be removed without damage or desttuction to the Leased Premises, shal] be the propercy of Landlord and shall remain upon and be surrendered with the Leued Premises as a paz[ [hereof a[ the termination of chis Lease or any extension thereof. Tenant will not permit any mechanics, laborers or materialmen's liens to scand againsc che Leased Premises or the Building for any labor or materials furnished to or in connection with any work performed or claimed to have been performed in, on or about the Leased Premises and will immediacely remove all such liens. Tenanc fur[her agrees that in che evenc Tenanc £ails to remove any such liens, Landlord may remove such liens and Tenant shall immediacely ceimburse Landlord upon demand for all coscs and expenses, including atcorney's fees, incurred by Landlord in temoving such mechanic's or materialmen's lien. Ic is underscood and agreed thac the Tenant shall bear full responsibility for ADA compliance �-ithin the entire Leased Premises including, but not limited co, all encrances xo the Leased Premises. Landlord shall be responsible for ADA 1�1USER5IPRLHERIL�'o�+ry. W�� (zsr It 9 JO doa � oc� -\�Vo compliance as the Act may per[ain to common areas of the building. Landlord and Tenanc agree to indemnify and hold each other hatmless for any and all claims azising because of the failure of either to carry out its zesponsibility under this provision. 14. 'I'ENANT EQLTIPMENT AND FURNISH7NG5. (a) Tenant may install or operate in [he Leased Premises any elec[rically operated equipmenc or other machinery which uses standard 110 volc current and which Landlord determines in its reasonable judgment to constitute scandard office equipment. Tenanc shall not inscall any ocher equipmenc of anp kind or nature whatsoever which will or may require any changes, replacements or addicions to or in the use of the heacing, air condicioning, eleccrical or plumbing syscems of the Leased Premises or the Building without first obcaining the prior wricten consent of the Landlord. No plumbing fixtures of any type shall be inscalled within the Leased Premises without Landlord's written approval. If Tenant's business machines and mechanical equipment cause noise or vibration xhac may be transmicted to the scructure of che Building or to any space therein in such a degree as to be reasonably objectionable to Landlord or to any cenant in the Building, xhen Tenanc shall install vibracion eliminacors or ocher devices sufficienc to eliminate such noise and vibration ac Tenanc's cosc. If Tenant uses heat generating machines or equipment (other than standazd office equipment designated by Landlord as set foah above) in the Leased Premises which affecc the temperaturz in the Leased Prernises ocherwise maintained by the air conditioning rystem furnished by Landlord as set forch in Section 15(a), Landlord reserves che right to install or to require Tenant to install adequace supplementary air condicioning equipment in the Leased Premises ac Tenant's cost. (b) No furniture, equipment or ocher bulky items of any description will be received inco the Building or carried in the elevators escept as approved by Landlord. All moving of furniture, equipment and other materials shall be done during hours previously approved by Landlord or Landlord's agent, be under the direct control and supervision of Landlord or its agent which shall not be responsible for any damage to or charges for moving the same. Tenanc shall prompcly remove from the public and common areas in the Building any of the Tenanc's furnirure, equipment or o[her maxerial there delivered or deposiced. Landlord shall have the righc to limit che weighc and prescribe the posi[ion of safes and other heavy equipment or fixtures. Any and all damage or injury to the Leased Premises or the Building caused by moving the propeny of Tenant in or out of [he Leased Premises, or due to the same being on the Leued Premises, shall be repaired by and at the sole cosc of Tenanx. 15. SERVICES FURNISHED BY LANDLORD. Landlord agrees co furnish the following services to Tenant upon the terms and conditions set forch herein wich the costs for such services being parc of the base rent. (a) Hea[ing, Ventilation and Air Conditioning. Land(ocd agzees to fucnish sufficient heac, ventilation and air conditioning to provide a cemperacure condition required in Landlord's reasonable judgment for general scorage under normal business operations. (b) Lavatory Service. Landlord will provide reasonable sewer service and water for drinking, lavatory and toilet purposes in the Building. (c) Electritity. Landlord agrees to provide 110 volt current electricity to the Leased Premises for standard building lighcing and "Standard" of�ce use during nozmal business hours. Any 110 volt equipment a$ich is not reasonably energy-efficient sha11 not be deemed to be Standard heceunder. (d) Elevator Service. Landlord will provide passenger elevator service in common with others at all times. Freight Elevator service shall be coordinated through building management services. (e) Janitor Service. N/A I: \GSERSIPAL�(ER�Lib.+ry.WK� Le.ee [t 93P.dac 00 -��t�o (fl Service Interruption. I[ is understood chax Landlord does not wazrant that any of the services referred co above will be free from interrupcion from causes beyond che reasonable concrol of Landlord. Such interrupcion of service shall not be deemed an eviaion or discurbance of Tenant's use and possession of che Demised Premises or any paz[ theteof or render Landlord liable to Tenant for damages by abatement of rent or otherwise, or relieve Tenant from performance of Tenant's obligations undec this Lease. Landlord agrees to use ics besc effores to pcompclp res2ore said services. 16. TENANT EQUIPMENT - ADDITIONAL UTILI'ITES AND COSTS. (a) If any electrical equipmenc, machinery, plumbing fixtures or ocher mechanical equipmenc installed or used by Tenant in the Leased Premises consume or require utiliry service in addicion co those services to be furnished by Landlord pursuant to Section li, Tenanc shall promptly pay, as additional rent, all charges for such additional ucilities and ucilicy service furnished to the Leased Premises during the xerm of this Lease. If such utilities are sepazarely mecered co the Leued Premises, Tenant sha11 pay a11 such addicional charges direcdy to the utili[y company furnishing the same. To the extent chat utilities are furnished to the Leased Premises without separate mecering, the amounc which may be specially charged co Tenant for additional uti(icy usage sha11 be determined by Landlord on the basis of Landlord's reasonable'estimates of consumption by Tenant of such utilities in the Leased Premises, and on che buis of che costs incurred by Landlord in purchuing such additional utilities for use in the Building. (b) Tenanx shall also promptly pay xo Landlord, as additional rent, all costs and expenses of installation, opera[ion and maincenance of all eleccric lamps, scaaers and ballascs (bux excluding the cosc for light bulbs installed by Landlord prior to Tenant's initial possession of the Leased Premises} all additional electrical wiring caused by electrical equipmen[ installed by Tenant with Landlord's approval other than the scandard office equipment described in Section 14(a), any supplemental air conditioning equipmen[ or vibra�ion or noise elimina[ion equipmenc, described in Section 14(a), all piumbing fixtures and all additional sew and water services used in or on the Leased Premises in addition co those described in Section 15(b). 17. NO WARRANTY AS TO SERVICES. Landlord does not warrant that any of the services it is required to provide under the terms of this Lease will be free from incerrupcion. In�errupxion of service shall never be deemed an eviction or disturbance of Tenan['s use and possession of the Leased Premises or any part thereof, or render Landlord or Landlord's agencs or employees liable to Tenant for damages, or relieve Tenant from performance of Tenant's obligazions under this Lease. Provided, however, chat Landlord wi11 use due diligence to restore the interrupced service as soon as reasonably possible and, to the extent that che incerruption of service is under the control of Landlord, such incerruption will be dnring non-business hours as much as possible. 18. ENERGY POLICIES. Wherever in this Lease any terms, covenants or conditions are required to be performed by the Landlord, the Landlord shall be deemed to have kept and performed such terms, covenancs and condicions notwichstanding any accion taken by the Landlord, if such action is pursuant to any governmencal regulations, requirements or directives. Without limiting the generality of the foregoing, the Landlord may reduce the quanticy and quality of all utilicy and any other services and impose such regulations u che Landlord deems necessary in order to preserve energy. Landlord agzees that its determination hereunder shall in all instances be reasonable. 19_ INDEMNIFICATION OF LANDLORD. Tenant agrees xhat it wi11 indemnify, defend, and hold Landlard harm]ess from any and all claims for injury or damage co persons resulcing from any act, omission or neglect by 7enanc, or any other cause which arises from or is connecced with the Tenant's possession or use of the Leased Premises of the Building. 20. PKOPERTY DAMAGE - MIJTUAL WAIVER OF LIABILITY. Except for specific obligations co repair damage t:1 USERS1PALi�ER\Lbn.ry.Wer Luue 11.9 J0.dor ac -��t,O or descruction to che Leased Premises as set �or[h in this Lease, Landlord and Tenant are hereby mutually released from any and all claims of any naxure now or hereafrer azising from or on account of damage or descruction to the Leased Premises or the Building or [o any personal propeny of any of the foregoing con[ained therein or thereon, whecher such damage or descruction is caused by, arises or resulu from fire, other perils ot any other cause whatsoever. Landlord and Tenant each agree to look to their respeccive insurance carriers for proteaion against any such damage or descruaion to any of their respeaive real oz personal property and do hereby waive all rights of subrogation. 21. LIABILIIY OF LANDLORD LIMITED TO INTEREST IN PROPERTY. In the evenc of a defaulc, breach or violacion by Landlord (which term includes Landlord's officers, direccors, employees, abencs or representatives) of any of Landlord's obligacions under chis Lease, Landlord's liability to the Tenant shall be limited to its ownership incerest in the Proper[y. _ 22. TENANT INSURANCE. The City of Saint Paul agrees to maintain a self-funded ptogram to respond to a11 risks associated with this lease. The City of Saint Paul agrees to endorse onto their pzopeny insurance policy a waiver of subrogacion covering risks associaced with this lease. Nothing in this agreemenc shall be conscrued to diminish or waive the limits and/or exceptions on liability provide to the City and to the County under MN Statute X466. 23. FIRE OR OTHER CASUALTIES. If the Building is substantially damaged or destroyed by fire or other cuualty, che Landlord shall have the righ[ xo terminate this Leue, provided ic gives writcen notice thereof [o the Tenanc wichin Ninety (90) days after such damage or destruction. If a porcion of the Leased Premises is damaged by fire or other casualty, and Landtord eleccs not to terminate this Lease, the Land]ord shall within a reasonable time and at iu own expense, rescore theLeased Premises, exclusive of any alteracions or other changes made to Leased Premises ac any time by or at che direction or reques[ of Tenan[, to as near the condition which existed immediately prior to such damage or descruc�ion as reasonably possible. In the evenc Landlord so elects to restore the Leased Premises, rent shall abate during such period of time as the Leued Premises are unusable in proQor[ion that the unusable portion of the Leased Premises shall bear co the entire Leased Premises. If che substancial descruceion to the Building or to that portion of xhe Building subjecc to this Lease and the Leased Premises cannot be substanxially restored within 180 days from the time of such damage or destruction, then the Tenant shall have the right to terminate this Lease. The Landlord shall not be responsible to the Tenan[ for damages to or desczuction of any furnicure, equipmen[, al[erations or o[her changes made or installed in, on or about the Leased Premises regardless of the cause of the damage or descruction. 24. EMINENT DOMAIN. N/A 25. SIGNS. No sign, advertisemen[ or notice shall be inscribed, painted, affixed or displayed in any part of the oucside or the inside of che Building except on the clireccories and che doors of offices, and chen only in such place, numbec, size, color and style as approved by Landlord. Any such permitted uses, excepting initial listing on directories in the main building lobby and the standard building sign installed by Landlord for each Tenanc, shall be ac che sole expense and cosc of Tenant. If any such sign, advenisement or notice is improperly exhibited, Landlord shall have the right co remove the same without any 1ega1 proceeding and Tenanc shali be liab(e for any and all expenses incurred by Landlocd by said removal. 26. WINDOW COVERINGS. N/A. 27. ACCEP7ANCE OF TENANT'S GOODS. Tenant authozizes Landlord and Landlord's agencs and employees to accept and sign for shipments az a convenience and measuce of traffic control with a scamp which shall indicace that any signacure is authorized only to clear che loading dock or other receiving areas as a matter of convenience, and such signature does not constitute acceptance by the addressee and does not relieve the carrier of any liability nor creace an agency or bailmen[. Tenant hereby releases Landiord and Landiord's agents and employees from anp and all liability resulting from or related co the acceptance of goods addressed to Tenant and delivered to che Building's loading dock or other areas designated for receipt of goods. /.�lU5ERS1PdL41ER IGbr,.ry It'er Com Il 9.,10 dac 00 -�\l.o 28. RLJLES AND REGULATIONS. Tenant shall use the Leased Premise and che public and common azeas in the Building in accordance with such rules, regulations and procedures as may, from time to time, be made by the Landlord for the general safety, comforc and convenience of the ownen, occupants and tenants of the Building and shall cause Tenant's employees and invicees to abide by such rules and regulations. 29. WASI`E. Tenant shall use due care in the use of heac, air condicioning, wacer and elearicicy, the use of the Leased Premises and the public and common areas in the Building and w ithouc qualifyingthe foregoing, shall noc neglecc or misuse water fixtures, elecczic lights and heating and air condicioning apparacus. 30. KUBBISH AND AEBRIS. No rubbish, din, overshoes, mazs, umbrellas or objects of any kind sha11 be put in the public or common areas in che Building by Tenanc. . 31. HAZARDOUS SUBSTANCES. Tenant shall no[ cause or permit any Hazardous Substance to be used, s[ored, generated or disposed of on, in or about the LeasedPremises by Tenant, Tenanc's agents, employees contractors, or invitees without firsc obcaining Landlord's written consent. If Hazardous Subscances are used, scored, generaced, or disposed of on, in or about che Leased Premises, or if the Leased Premises becomes contaminated in any manner, Tenanc shall indemnify and hold harmless the Landlord (and its agents and emptoyees) for any and a11 claims, damages, fines, judgmencs, penalcies, costs liabilities oz losses (including, wi�hout limicacion, �a decrease in value of the Leased Premises or che land or building of which they are a parc, damages caused by loss or restriction of rentable or usable space, or any damages caused by adverse impacx on markecing of the space, and any and all sums paid for settlement of claims, attomey's fees, consuhant, and expert fees) arising during or a£tet the Commencement Date and arising as a result of any use, storage, generation or disposal of any Hazardous Subscance or any such contamination by Tenanc. This indemnification includes, without limitation, any and a11 costs incurred because of any investigation of the sice or any cleanup, cemovai, or rescoration mandated 6y a fedecal, state or local agency ot political subdivision. If the Tenanx causes or permits the presence of any Hazardous Substances on the Leased Premises [hac results in concamination, Tenant shall promp[ly, at its sole expense, take any and all necessary actions to recurn che Leased Premises co the condition existing prior to the presence of any such Hazazdous $ubstances on the Leased Premises. Tenant shall firsc obtain Landlord's approval for any such remedia] action. As used herein, "Hazardous Substances" means anysubscance chat is [oxic, ignitable, reactive orcorrosive regardless whether same is regulated by any local government, the State of Minnesota, or the United States Government. "Huardons Subscances" includes, bu[ is not limited to, any [oxic or hazazdous substance and any and all macerial or substances [hat are defined u"hazardous waste", "extremely hazazdous wasce", or a"hazudous substance" pursuant to state, federal, or local governmental law. "Hazardous Substances" includes, but is not restricted co asbestos, polychlorobipheny]s ("PCBs"), petroleum and petroleum products. 32. VENDING MACHINES. No vending machines shall be inscalled in the Leased Premises wichout the writcen consent of Landlord. 33. LIGHT AND AIR. Tenanc has no right co light or air over any premises adjoining che Building. 34. LANDLORD'S RiGHT TO ENTER PREMISES. Landlord, or its auchorized agents or atcorneys, may at any reasonable time encer che Leased Pcemises co inspecc, make repairs and improvemenes andfoc changes in the Leued Premises or other premises in [he Building as Landlord may deem proper. Landlord's reserved rights hereunder shall include, without limitation, free, unhampered and unobstrucred access to Building airways, equipment duas, underfloor heater duccs, scairvrays, access panels and all cleaning and utility services. Thece shall be no diminution of renc or liability on the pan of the Landlord by reason of any inconvenience, annoyance or injury co business caused by Landlord's exercise of the rights reserved by Landlord in this paragraph. 35. S£CURITY OF LEASED PREMISES. Tenant assumes full responsibility for procecting the Leased Premises from L \USfRS�PALN&21LibmryWna Leose 11.9.00.daa ao -�\b0 the$, robbery and pilferage, which includes keeping doors locked and other means of entry co the Leased Premises closed and secured aftez normal business hours. 36. REPAIRS. Tenant shall prompdy pay to Landlord upon requesc an amount equal to any cosc incurred b} Landlord in repairing the Leased Premises and/or public and common areas in the Building when such repairs were made necessary- by the negligence of or misuse by the Tenant. 37. LEASE 70 BE Si3BORDINATE. Landlord may cause this Lease to be made subjecc and subordinate to all ground or underlying leases, mortgages and rescrictions which may now or hereafrer affecc che Building and to all renewals and extensions chereof. For conEirmacion of such subordination, Tenant shall execute prompcly any subosdination agreement requested by Landlord. Tenant hereby irrevocably constimces and appoints Landlord as Tenant's agent to execuce aqy such subordinacion agreement or agreemen�s for or on behalf of Tenanc. Such subordination is subject to Tenant enjoying che quiex possessioa of che Leased Premises if any Ground Landlord or Morcgagee becomes landlord hereunder provided thac Tenant is not then in default hereunder or does not de£ault in the future. 38. ESTOPPEL GERTIFICATE. Tenant agrees chat ac aay time and from 2ime co time upon noc less than five (5) days . prior wricten notice by Landlord, co execute, acknowledge and deliver to Landlord a scatement in writing: (a) Certifying thac this Lease is unmodified and in fu11 focce and effecc or if chere have been modificacions, thac this Lease is in £ull force and effecc as modified and staxing the modifications. (6) Stating the daces co which [he renc and other charges hereunder have been paid to Landlord. (c) Scacing whecher or not, co the besc knowledge of Tenant, Landlord is in defaulc in the performance of any covenants, agreements or conditions concained in chis Lease and if so, specifying each such default of which Tenanc may have knowledge. (c� Responding to such other matters as Landlord reasonably requests. Any such statement delivered pursuant hereto may be relied upon by any owner or prospective purchaser of the Building, any prospeccice mortgagee of the Building or Landlord's incerest therein or any prospeccive assignee of any such mor[gagee. 34. T'ENANT TO SURRENDEK PREMISES IN GOOD CONDITION. tlpon the expiracion or terminacion of che lease cerm, Tenanc shall at ics expense: (a) Remove Tenanc's goods and effeccs and those of all persons claiming through Tenanc; (b) Quit and deliver up the Leued Premises to Landlord peaceably and quiecly in as good order and condition as the same were on the Commencemenc Dace or were chereafter placed in by Landlord, reasonable wear and tear and damages from fire and ocher cuualties excepted; and (c) At Landlord's request, restore xhe Leased Premises to general office standards adopted from time to time by Landlord for general application throughout the Build'ang. Any property ]efc in the Leased Premises a{cer the expiration or termination of che Lease sha11 be deemed xo have been abandoned and shall be deemed the property of Landlord to be disposed of as Landlord sees fit. 40. HOLDING OVER. Any holdover a£ter the expiration of the cerm of this lease sha116e alloc� only after receiving the written consent of the Landlord. Said tenancy shall be deemed to be a tenancy only from monxh-to-month. All other terms and conditions of chis lease shail be applicable. 41. DEFAULT. The occurrence of any of the follow�ing evencs shall constituce a default byTenanc under chis Lease: !:\(.5ER5\PALH£A \L�bra �We� Le.ue 11.9.9J.dor 60 -�\1.0 (a) Tf Tenanc shall fail to pay any amounxs to be paid by it hereunder, including but not limiced to Base Annual Renc and additional renc and such defaulL shall continue for a period of secen (� days afrer Landlord has gicen Tenant w notice of such failure to pay; or (b) If Tenant fails to perform or observe any of Tenanc's ocher obligacions, covenants or agreements herein or hereunder, and such failure shall concinue 4or a period of twenry (20) days afrer Landlord has given Tenan[ writcen notice thereof; or (c) If Tenanc makes a general aseignmenc for che bene£it of creditors, oc, subjecc co che rights of a Trustee in Bankruptcy files, or has filed against it, a petition in bankruptcy underthe Bankruptcy Reform Acc of 1978 or under any other applicable law of the Uniced Scaces of America or any state thereof, consents to the appoin�menc of a cruscee or receive for Tenanc or for i[s propercy, or if Tenant takes any action for the purpose of effecting or consen[ing to any of the foregoing; or (d} I£ Tenant holds over afret the expira[ion or cermina[ion of this Lease. (e) The abandonment or vacating of the Premises by Tenanc. Upon the occurrence of any of the foregoing defaults, Landlord may, but with no obligation to do so immediately ze-encer the Leased Premises and remove all persons and property therefrom. Landlord shall have the right to keep this Lease in full fozce and effect or, ac ics opcion, terminate this Lease u to a11 future rights of Tenant. Tenan� hereby expressly waives the service of any notice in wricing of Landlord's incenx to re-enter [he Leased Premises. Tenanx shall be liable to Landlord againsc a111oss of rents and ocher dacnages which it may incuc by reason of such default, including all attorney's fees and expenses incurred in enforcing any of the terms of this Lease. If Tenanc defaulcs before expiration or termination of che term of [his Lease, and Landlord eleccs to terminate this Leue, Landlord may accelerace Tenant's financial obligation hereunder; upon such acceleration, the entire Annual Base Renc and addicional rent and othercos[s as reasonably determined by the Landlord due for the 6alance of the term hereof sha11 be immediately due and payable. In the event Landlord re- encers the Lease Premises as seL forzh herein, and, whecher it elects to keep this Lease in effect or terminate it, Landlord may re-let the Leased Premises for such rent and upon such cerms as are not unreasonable under the circumscances. In such event, Tenant also shall be liable for all costs, expenses and damages incurred or suscained by Landlord in re-letting the Leased Premises including, without limitation, deficiency in rene, attorney's fees, expenses of placing che Leased Premises in first class rentable condition, brokerage fees, tenant allowances, improvements or payment of any oxher tenant inducement. Landlord shall have the right to commence one or more actions to enforce the terms hereof and the commencement and prosecution of one action shall noc be deemed a waiver or an estoppel from commencing one or more actions from time to time in che future. Procisions contained in this section shall be in addition co and shall noc prevenx the enforcement of any claim Landlord may have against Tenant for aneicipatory breach of che unexpired cerm of this Leue. All rights and remedies of Landlord under this Lease shall be cumulative and shall not be exdusive of any other rights and remedies provided co Landlord under applicable law. 42. HABITUAL DEFAilI.T. Notwithstanding anything to the contrary contained in this Lease, the pa¢ies hereto agree thac if the Tenant sha11 have defaulted in the performance of any (but not necessarily che same) term or condition of this Leue for three or more times during any 12-month period during the cerm hereof, then such wnduct shall, ac the election of the Landlord, represent a separate evenc of default which cannot be cured by the Tenanc. Tenant acknowledges that the purpose of this provision is to prevent repetitive defaults by the Tenanc under the Lease, R work a hardship upon che Landlord, and apprise the Landlord of the timely performance by the Tenant hereunder. 43. RIGHT TO CURE DEFALJLTS. If Tenant defaults in the observance or performance of any of Tenan['s covenants, agreements or obligations hereunder wherein the defaulc can be cured by che expendicure of money, Landlord may, buc w obligacion, and withouc limiting any other remedies w hich it may have 6y reason of such defauic, cure the default, /aLSERSIPdLNER 1Libri � Wg� Lryr f t9.00.dor IQ bo -���.0 charge the cosc thereof to Tenant and Tenant shall pay the sazne forchwith upon demand. If Landlord is required to commence a legal action to recover such sums from the Tenanc, Landlord shall also have the right to recover all incerest cos[s and atrorney's fees in conneccion wich such litigation. 44. USE OF THE TERMS "LANDLORD" AND "TENANL". The terms "Landlord" and "7enant" wherever used in this Lease, shall be construed to mean plural in all cases where thete is more than one Landlord or Tenant and the necessary grammacical changes required to make the pcovisions hereof apply co corporacions, partnerships or individuals, men or women, shall in all cases be assumed as though in each case fully exprused. In addicion, where relevant in this Lease and especially in wnnection with the provisions of chis Lease relating to personal injury, limicacion o£ liability, indemnificacion, property damage and insurance, "Landlord" shall mean Landlord, its respeccive employees, agents, invicees, licensees, customers, cliencs, parcners and shareholden and "Tenanc" shall mean its employees, agents, business invitees, licensees, customers and clien�s, family members, guests, ttespassers, panners and shareholders. 45. LANDLORD'S CONSENT. Unless it is expressly scated herein tha[, az to any paniculaz required consent, Landlord's consent shall noc be unreasonably withheld, Landlord's consent need be given only a[ Landlord's sole discre[ion. 46. IN7EftEST ON AMOUNTS DIIE LANDLORD. In the event any inscallmencs of Annual Base Rent, Additional Aenc or other charges co be paid by Tenan� under the provisions of chis Lease shall noc be promptly� paid, Tenant shall pay to the Landlord as Additional Rent for each day after the seventh (7th) day on which such payment is due but unpaid, a late charge equaling 1/60th of the payment due but not paid, buc if such charge exceeds the maacimum permitted by law, such charge shall be reduced co che highest amount permitted under such circumstances. 47. EXECIJTION BY LANDLORD. Submission of this instrument to Tenant, or Tenant's agents or actorneys, for examination or signature does no[ constituce or imply an offer to lease, reservation of space, or op[ion to lease, and [his Lease shal] have no binding legal effecc until execution hereof by boch Landlord and Tenanc. 48. CONTINTJANCEOFAGREEMENT. ThisAgreemen[shallbebindinguponandinureforthebeneficoftheparcies hereco and subjecc to the restriccions and limitacions herein contained, their respective heirs, successors and assigns. 49. PROTECTION OF LANDLORD IN THE EVENT OF SALE OF THE PROPERTY. "Landlord", u the term is used in this Lease, means only the owner or the mortgagee in possession or grantee in possession under a deed of trust, or the owner of chis Lease for �he time being, so that in the event of any sale or sales of such land and/or building or of this Leaze, or in the event of a ground lease of such land, the Landlord shall be and hereby entirely freed and relieved of ail covenan�s and obligations of Landlord hereunder, and it shall be deemed and construed withouc funher agreement becween the parties or their successors-in-interesc that the purchaser of the lease or assign of the land and/or buildin� has assumed and agreed to carry out any and all covenancs and obligations of the Landlord hereunder. 50. SEVERABILTT'Y. The provisions of this Lease aze expressly severable, and the unenforceability of any� provision or provisions hereof sha11 noc affect or impair the enforceability of any other provision of procisions. 51. MEMORANDUM LEASE. Tenant and Landlord shall, upon the written request of the othzr, execute a memorandum ot short form lease, in a form suitable for recording. Said Memorandum Leue shall be daced on the date and year of the execution of chis Lease and shall disclose che panies, the terms of the Lease, the legal descripcion of the Demised Premises and may con�ain, in addicion to the foregoing, such ocher terms and condicions as Landlord or Tenant, as the case may be, may require. 52. WAIVER OF COVENANTS. Failure of Landlord to insisc, in any one or more instances, upon scrict performance of any cerm, covenanc or condition of this Lease, or co exerci�e any option herein contained, sha11 noc be conscrued as a waivet, or a relinquishment for che fucure of such term, covenant, condition or option, but che same shall concinue and &lUSEBSVALNEA1L�b.sry W �r Ce,.�e ]19.00.dor 11 bo -���.o remain in full force and effecc. The receipt by Landlord of rents with knowledge of a breach in any of che cerms, covenan�s and conditions of this Lease to be kept or performed by Tenant shall noc be deemed a waiver of such breach, and Landlord shall not be deemed to have waived any provision of this Lease unless expressed in writing and signed by Landlord. 53. NO'I'ICES. Any nocice or demand which, under [he terms of this Lease or under any s[acute musc or may be given or made by the par[ies hereto, sha11 be in writing, and may be given or made by personal delivery or mailing the same by certified mail, addressed to the other party at [he address hereinbelow mentioned. Either parcy, however, may designate in writing such new or other address to which such nocice or demand shall thereaf�er be so given, made or mailed. Any notice given hereunder by mail shall be deemed delivered when deposiced in the United States mails, ceaified mail, re[urn receipt requested, poscage prepaid, and addressed as herein provided: (a) If co Landlord, ac: Mr. Julio A. Mangine, Dizector Ramsey County Propeny Management 50 ��est Kellogg Boulevard, Suite 660 Saint Paul, MN 55102 (b) If co Tenanc, at the Leased Premises {unless notice of change of address is given pursuant to this section) or at following address: Mr. Fran Gaulc Saint Paul Public Library 90 Wesc Fourch Screec Saint Paul, MN 55102 54. RIGHT TO RELOCATE. Landlord reserves the righc, at its opcion and upon givingthircy (30) days notice co Tenanc, to transfer and remove Tenan� from �he Premises to any other available space in the Building of equal size and area. Landlord shall bear che expense of moving Tenant's furniture, fixtures, and ocher personal propercy as well as the expense of any renovacions or alteracions necessary to make [he new space similar in arrangement and layout to the ociginal Premises. 55. RENT TAXES. If applicable now or in the fucure, in the jurisdiction where the Leased Premises are located, Tenanc shall pay as addicional renx to Landlord concurrently with rent upon which such tas is based or within [en (10) days afrer written request [herefor, as directed by Landlord, any stace or local sales tas, gross receipx tas, business license tar or other tax, however denominated, imposed direcxly upon [his Lease, the renx paid pursuant to this Lease or the operacion of the Leased Premises as rental propeny. Tenant shall not be obligaced co pay any federal, scaxe or local income tas imposed on Landlord. 56. AMENDMENTS. This Lease may be amended only in writing, and executed by boch parcies here[o. 57. MISCELLANEOUS. There are no understandings or agreements noc incorporated in this Lease. This is a Minnesota lease and shall be conscrued according to the laws of che Stace of Minnesota. The capcions in chis Lease are for convenience only and aze not pan of chis Lease. (�[iSERS WAL1tER�Lr� ry.WO� Luse 11 9 J�.dor 1� 0 0 -���.o IN WITNESS WHEREOF, Landlord and Tenanc respeafully have duly signed and sealed chese presencs the da}- and year firsx above wrixten. LANDLORD: B County Manager � � � Propercy Managemeni Budgecing and Accounting Gouncy Atcornep, As to FormfInsurance TENANT: B _ Mayor By: Finance Direccor s C!��� /�����e _.� Library Director � Gity Attorney, As co Form I �L'SERS1PdLHER \L�b..ry.Wmr 4rse It 9JJ dor 13 Return copy to: Real Fstate Division 140 CYty Hall Q�1�I�IQL Presented By Refened To Committee: Date � i BE IT RESOLVED, that the proper City officials aze hereby authorized and directed to execute a two year z lease agreement with Ramsey County for 9,600 square feet of storage space for books and library materials in s the Ramsey County Government Center West at an annual rate of $2.50 per square foot. Requested by Department of: Adopted by Council: Date �,.� . t'3 a.�. o � , Adopuon Certified by Council Secretary By: � � �-�--�-�� Approved by or: Date �i -/' �' _ By: Council ESIe # 0o—\\CO Green Sheet # t\t834 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Technologv & Manaeement Services By: �lY�1, �����.���-- Direct 9 Form Approved by City Attorney ` �'b�� ' lA/ � B ,� W�^'ec�-- J1.28'- �v Approvel3 %y� for Submission to Council � / By: _ � .M.5./REAL �STATE DIVISION Date: November 20, 2000 reen Sheet umber 111826 ontac[ Person and PLone N�Ler: ` �i, � 2 EPARTMENTDIAECfO 4 C1TY COLINCII. � O�,� \� ` Q DaveNelson �� 266-8850 .�.e"" 1 ATTO �"��t i� � T7DGE1'DIltECTOR FFICEOFFAANQJLSVCS. ost be on Comd Agenda by: 3 YOR (OR ASSISTAi�'1� 5 ESTA7'E DIVZSTON OTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATSONS FOR SIGNATURE) CTION REQUESTID: To authorize the proper CSty officials to egecute a two year lease agreement with Ramsey County for 9,600 sqnare feet of storage space for books and library materials. Ref: 1. Resolution for consideration; 2. Sample copy of lease agreement� CObIMENDATIONS: APPROVE (A) OR REJECT (R) ERSONAL SFdZVICE CONTRACTS NNST ANSfVER THE FOLLOWING: . Has the person/C¢n� ever worked mder a contractfor this deparUnent? YES NO PLANNINGCOMMISSION A STAFF . Has this person/6rm ever been a City employee? YES NO CNII. SSItVICE COMMLSSION ' . Does tLis peison/Sim possess a sltill not norivally possessed by anp YES NO cm coMMiiTSe current C1ty employee? E]ain all YR.S ancwers on a azate sLeet and attach. UPPORTS WfiICH COUNCIL OBJECTIVE? OUNCIL WARD(S) 2 DISTRICT PLANNING COUNCIL 1^� 1VITSATING PROBLEM� TSSi7E, OPPORI'ONITY (Who, Whay WLen, Where, Why?): Library Services requires storage space for books and library materials. VANTAGESIFAPPROVliD: This will provide the needed space. ISADVANTAGES IF APPROVED: None ISADVANTAGES IF NOT APPROVID: Library Services will still need storage space. OTAL AMOUNT OF TRANSACTION: $�}$� COST/RIVENUE BUDGETED (CI1tCLE ONE) YES NO uvcsoutecE: CPL C00 3T 517 0898 31001 AcTIV�TY r�rMB�x: ANC7AL INFORMATION: (E.�LAIN) 9,600 squaze feet at $2.50 per square foot per year =$24,000, for two years =$48,000. �i �:��:,,, . .. ,:.. __ a . ..... ..... �.a� ���,:: _ :u.� � ..< r . �= �.�.3<� �/ ad -���o i inioo ` L�ASE F;:-%' �� ,, y � � ; RA MSEY COUNTY LANDLORD � .�� �:.: � CITY OF.-�AINT: PAUL PUBLIC LIBRARY TENANT OO �\�I�O LEASE AGREEMENT This Lease entered inw as of this _ day of November. 2000 by, and between Ramsev Counxv ,(hereinafter "Landlord") and Cicy of Saint Paul ,(hereinafter "Tenant"). Witnesseth that: 1. PREMISES. Landlord does hereby lease to Tenant, and Tenant does hereby take from Landlord, those cenain premises comprising approximately 9,600 squaze feet of rentable azea identified on Exhibic A actached hereto (hereinafter the "Leued Premises"). The Leased Premises is loca[ed in the building office complex known as Raznsev Councv Government Center West, (hereinafrer "che$uilding"), which is located at 50 West Kellogg Boulevazd, Sainc Paul, Minnesoca; and which includes, surface pazking, walking ueas, landscaped areas and cerzain common areas and facilicies thac are shared wi[h occupants of other space in the Building under rules and regulaxions as ins[ituted by Landlord from time to cime. 2. TERM. The lease term shall commence on che day of November . 2006, (hereinafter Commencement Date) and shall continue thereafcer co and including the 30` day of November. 2002 unless earlier cerminated. Either party, wich 60.days writcen nocice to the opposite party, may terminate this leaze at any time during the term of the lease. 3. ANNUAL BASE RENT. Senant sha11 pay to Landlord during che lease term an annual base rent in monchly inscallments pursuanc co the following Schedule: Tenant agrees to rent from Landlord 9,600 Square Feet at a rate of $2.50 per square fooc. From the commencement of the Lease Term until termination, but not beyond November 30. 2002, the sum 5 24.000.00 oer vear, payable in equal monthly installments of $ 2,000.00 on the first day of each month during che Lease Term; from November 1. 2006 , until termination, bux not beyond November 30, 2002. The monehly instatlments of Annual Base Rent shall be due and payable in advance on the lst day of each monxh. 4. CONTRIBUTION'IO OPERATING COSTS. N/A 5. ADDITIONAL TAXES. The Tenant is a tas exempt governmen[al agency under the laws of thz State of Minnesota. 6. SECURITY DEPOSIT. Concurrently with Tenant's execution of xhis Lease, Tenan[ shall deposit with Landlord che sum of ZEIZO Dollars ($ 0.00 ) to secure Tenant's performance o£ each and every covenant and agreement to be performed by Tenan[ under this Lease. Landlord shall have the right, at its option, to apply all or part of same towazd the payment of such amounts required to remedy any default of Tenant in the payment of rent, additional rent, or other charges or in the per£ormance of any other covenant or agreement contained herein; provided however, the existence of said Security Deposic shall not effect the right of the Landlord in the evenc of any such nonpayment or £ailure co perform, nor shall same in any way limic Tenani s responsibility therefor, and shall not preclude or excinguish any other right or remedy to which Landlord may be entitled. In the event of application of all or any part of said Securi[y Deposit, Tenant shall immediately upon notice from Landlord pay to Landlord an amount sufficienc to resxore the Security Deposit in fu11. If upon the scheduled termination dace of this Lease, Tenant hu performed each and every covenanc and agreement herein required of Tenany Landlord shall reimburse Tenant for the amounc of any unused portion of said Securicy Deposit and in no event shall any interest be due and owing thereon. In �he evenx this Lease is terminaced prior xo the above date or Tenanx shall have failed to comply with each and ecery covenant herein, then Landlord shall be entitled co hold the Security Deposit until actual damages have been determined, and apply the Security Deposit against said damages. In the event che Premises are transferred by Landlord, the Security Deposit, or balance chereof, wili be turned over to the Landlord's successor or cransferee, and Tenant agrees to look solely xo such successor or transferee for such applicacion or return of said Security Deposit. 1:\CSERS\PALtlER Le.rr 11.9.OD.Aoo 00 -t��.o 7. USEANDINSURANCERAT'ING. TenantshallusetheLeasedPremisesforthefollow purposes whatsoever: Storaee of books and other library related materials and furnishings Tenant will not conduct or permit to be conducced any activicy or place any equipment in or abouc che Leased Premises, which will in any way increase the race of fire insurance or other insurance on the Building; and if any increase in the race of fire insurance or other insurance is stated by any insurance company or by the applicable insurance rating bureau co be due to accivity or equipmeat of Tenant in or about the Leased Premises, such scacement sha11 be conclusive evidence that such increase in such rate is due to such accivity or equipmenc, and as a result chereof, Tenant shall be liable for such increase and sha11 reimburse Landlord therefor. 8. SPACE ADJUSTMENTS. Tenant acknowledges that much of che rental space in the Building may be rented in smaller unics and therefore it may be necessary for Landlord to make adjustments in Tenanc's space or actuaily relocate Tenant within the Building so that the space needs of all tenants may be accommodaced. Tenanc agrees thac Landlord may, at any time, and from time to time, relocace Tenanc within che Building, provided thac Landlord shall pap any of Tenant's direcc coscs in conneccion therewith. Ic is expressly a�reed, however, that Landlord shall have che right for the period ending 60 days after the commencement date of this Lease, co relocate Tenanc withou� any charge to Landlord. Landlord's righc �o relocate Tenant is conditioned only on the obligacion chat �he new leased premises shall be locaced in the Building and shal] not varp in size more than plus or minus five percent (5°l0) from the Leased Ptemises. Tenant shall pay rentals based on the accual zencable area calculated for �he space occupied after such relocation, whether said space is larger or smaller chan the Leased Premises. If Tenan[ shall be moved more than once, the new space shall never vary more than ten percent (10%) from the originally estimated space. 9. LEASEHOLD IMPROVEMENTS. There are no leuehold improvements relaced to chis lease. S0. NO WARRANTIES BY LANDLORD AND AGENTS/ACCEPTANCE OF PREMISES. (a) Neither Landlord nor any agent or employee of Landlord has made any representations or pzomises with respect to che Leased Premises or che Building, excepc as expressly set forth herein and no rights, privileges, easements or licenses are acquired by Tenant, exceQt as expressly sec fotth herein. (b) The taking of possession of the Leased Premises by Tenant shall be conclusive evidence Lhat, except for minor "punch list" items, if any, the Leased Premises were on such date of possession in good, clean and tenantable condition and thac the Tenant accepts the Leased Premises "as is". 11. TIME OF POSSESSION AND OCCIJPANCY OF PREMISES. If the Leased Premises sha11, on the commencemenc date, be in the possession and occupancy of any person not lawfully encitled thereto, Landlord shall use due diligence to obcain possession chereof for Tenant. If the Leased Pzemises sha11 not be ready for occupancy at said time, because construction has not yet been substantially compleced or by reason of any Building operations, repairing or remodeling to be done by Landlord or by reason of a Tenanc holding over. Landlord shall use due diligence co make the Leased Premises ready for occupancy by Tenanc. It is agreed chac Landlord and Landlord's agents and employees, using due diligence, shall not in any way be liable for failure to obtain possession of the Leased Premises for the Tenant or to deliver the possession chereof to Tenanc and this Lease shall remain in all things in full force and eEfecc and the lease term shall noc chereby be extended except thac the monthly inscallmencs of Annual Base Rent, additional ren[ and ocher amounts payable hereunder shall be abated until the Landlord haz made the Leased Premises ready for occupancy. Provided, however, if the Leased Premises are not ready for occupancy by November 1, 2000 , Tenant, at its option, shall hace the right to terminate this Lease by wriccen notice. 12. ASSIGNMENT AND SUB-LETTING. Tenant shall have che right to assign this Lease or sub-let all or any pan of f.�{USERS�PALNEXIG� ry.W �L�osriL9.hJ.dor ao _��Lo the Leased Premises with the prior writcen consent of che Landlord, which consent shall not be unreuonably withheld provided as follows: (a) the Landlord may in its sole discretion withhold its consenc to an azsignment or a sub-lease (1) to any presenc tenant of Landlord in the Building or any ocher locacion or (ii) to any tenant whose occupancy would be inconsistent wich the character o£ the Building or the purposes sec forch in Section 7 hereof; {b) such assignment or sub-lease shall not relieve Tenant of any of its obligations under this Lease; (c) any profit received from such assignmenc or sub-lease shall promptly, upon receipt thereof, be paid by Tenanc to Landlord; "Profic" as used herein shall mean any amount paid by an assignee or sub-tenant in excess of the Bue Annual Renc and addicional rent accribucable to the Leased Premises being assigned or sub-let afrer deducting therefrom any amounts Tenant has paid for oucside leasing commissions and reasonable tenant improvements occasioned by such assignment or sub-letting; (d) Tenant sha(1 provide Landlord w�ith notice of any assignment or sub-lease in writingcogether wich a copy of such assignmenc or sub-lease, and Landlord shall have xhirty (30) days from receipc thereof to make a decision concerning such assignment or sub-leue; � (e) such assignmenc or sub-lease shall not violace rules, from time to time adopted by Landlord, of general application throughout the Building; (fl the financial condition and credit record of the assignee shall be reasonably acceptable to Landlord; and (� any assignment or sub-letcing made in violation of the provisions contained herein shal] be ineffective. 13. ALTERATTONS. Tenant will not make any al[era[ions of or addicions to the Leased Premises without che prior written approval of Landlord. All work to be performed in the Leased Premises shall be performed by competen[ conccactors and subconcraccors, approved by Landlord, which approval shall not be unreasonably withheld by Landlord, excepc thac Landlord may in any event condition its approval o{ such contraccors and subcontractors on the Tenanc's furnishing sepazate pezformance and payment surety bonds covering any work co be performed by such contractors or subcontractors on the Leased Premises, and Landlord may, in any event, require that concractors and subcontrac[ors normally employed by Landlord be engaged for any mechanical or electrical work and chat any alterations be done by contractors and subcontractors compatible with chose workmen, contraccors and subconcractors employed from time to time in the Building by Landlord. All alceration work performed by or for Tenant hereunder must be perEormed in such manner to avoid disrupcion of che Building operations or disturbance of ocher tenants in the Building. Unless Landlord requires the Tenant to restore che Leued Premises as set fotth in this Lease, all alcerations, additions or improvements which may be made by either of the panies hereto upon the Leased Premises, except office furnishings purchazed by Tenanc which may be removed without damage or desttuction to the Leased Premises, shal] be the propercy of Landlord and shall remain upon and be surrendered with the Leued Premises as a paz[ [hereof a[ the termination of chis Lease or any extension thereof. Tenant will not permit any mechanics, laborers or materialmen's liens to scand againsc che Leased Premises or the Building for any labor or materials furnished to or in connection with any work performed or claimed to have been performed in, on or about the Leased Premises and will immediacely remove all such liens. Tenanc fur[her agrees that in che evenc Tenanc £ails to remove any such liens, Landlord may remove such liens and Tenant shall immediacely ceimburse Landlord upon demand for all coscs and expenses, including atcorney's fees, incurred by Landlord in temoving such mechanic's or materialmen's lien. Ic is underscood and agreed thac the Tenant shall bear full responsibility for ADA compliance �-ithin the entire Leased Premises including, but not limited co, all encrances xo the Leased Premises. Landlord shall be responsible for ADA 1�1USER5IPRLHERIL�'o�+ry. W�� (zsr It 9 JO doa � oc� -\�Vo compliance as the Act may per[ain to common areas of the building. Landlord and Tenanc agree to indemnify and hold each other hatmless for any and all claims azising because of the failure of either to carry out its zesponsibility under this provision. 14. 'I'ENANT EQLTIPMENT AND FURNISH7NG5. (a) Tenant may install or operate in [he Leased Premises any elec[rically operated equipmenc or other machinery which uses standard 110 volc current and which Landlord determines in its reasonable judgment to constitute scandard office equipment. Tenanc shall not inscall any ocher equipmenc of anp kind or nature whatsoever which will or may require any changes, replacements or addicions to or in the use of the heacing, air condicioning, eleccrical or plumbing syscems of the Leased Premises or the Building without first obcaining the prior wricten consent of the Landlord. No plumbing fixtures of any type shall be inscalled within the Leased Premises without Landlord's written approval. If Tenant's business machines and mechanical equipment cause noise or vibration xhac may be transmicted to the scructure of che Building or to any space therein in such a degree as to be reasonably objectionable to Landlord or to any cenant in the Building, xhen Tenanc shall install vibracion eliminacors or ocher devices sufficienc to eliminate such noise and vibration ac Tenanc's cosc. If Tenant uses heat generating machines or equipment (other than standazd office equipment designated by Landlord as set foah above) in the Leased Premises which affecc the temperaturz in the Leased Prernises ocherwise maintained by the air conditioning rystem furnished by Landlord as set forch in Section 15(a), Landlord reserves che right to install or to require Tenant to install adequace supplementary air condicioning equipment in the Leased Premises ac Tenant's cost. (b) No furniture, equipment or ocher bulky items of any description will be received inco the Building or carried in the elevators escept as approved by Landlord. All moving of furniture, equipment and other materials shall be done during hours previously approved by Landlord or Landlord's agent, be under the direct control and supervision of Landlord or its agent which shall not be responsible for any damage to or charges for moving the same. Tenanc shall prompcly remove from the public and common areas in the Building any of the Tenanc's furnirure, equipment or o[her maxerial there delivered or deposiced. Landlord shall have the righc to limit che weighc and prescribe the posi[ion of safes and other heavy equipment or fixtures. Any and all damage or injury to the Leased Premises or the Building caused by moving the propeny of Tenant in or out of [he Leased Premises, or due to the same being on the Leued Premises, shall be repaired by and at the sole cosc of Tenanx. 15. SERVICES FURNISHED BY LANDLORD. Landlord agrees co furnish the following services to Tenant upon the terms and conditions set forch herein wich the costs for such services being parc of the base rent. (a) Hea[ing, Ventilation and Air Conditioning. Land(ocd agzees to fucnish sufficient heac, ventilation and air conditioning to provide a cemperacure condition required in Landlord's reasonable judgment for general scorage under normal business operations. (b) Lavatory Service. Landlord will provide reasonable sewer service and water for drinking, lavatory and toilet purposes in the Building. (c) Electritity. Landlord agrees to provide 110 volt current electricity to the Leased Premises for standard building lighcing and "Standard" of�ce use during nozmal business hours. Any 110 volt equipment a$ich is not reasonably energy-efficient sha11 not be deemed to be Standard heceunder. (d) Elevator Service. Landlord will provide passenger elevator service in common with others at all times. Freight Elevator service shall be coordinated through building management services. (e) Janitor Service. N/A I: \GSERSIPAL�(ER�Lib.+ry.WK� Le.ee [t 93P.dac 00 -��t�o (fl Service Interruption. I[ is understood chax Landlord does not wazrant that any of the services referred co above will be free from interrupcion from causes beyond che reasonable concrol of Landlord. Such interrupcion of service shall not be deemed an eviaion or discurbance of Tenant's use and possession of che Demised Premises or any paz[ theteof or render Landlord liable to Tenant for damages by abatement of rent or otherwise, or relieve Tenant from performance of Tenant's obligations undec this Lease. Landlord agrees to use ics besc effores to pcompclp res2ore said services. 16. TENANT EQUIPMENT - ADDITIONAL UTILI'ITES AND COSTS. (a) If any electrical equipmenc, machinery, plumbing fixtures or ocher mechanical equipmenc installed or used by Tenant in the Leased Premises consume or require utiliry service in addicion co those services to be furnished by Landlord pursuant to Section li, Tenanc shall promptly pay, as additional rent, all charges for such additional ucilities and ucilicy service furnished to the Leased Premises during the xerm of this Lease. If such utilities are sepazarely mecered co the Leued Premises, Tenant sha11 pay a11 such addicional charges direcdy to the utili[y company furnishing the same. To the extent chat utilities are furnished to the Leased Premises without separate mecering, the amounc which may be specially charged co Tenant for additional uti(icy usage sha11 be determined by Landlord on the basis of Landlord's reasonable'estimates of consumption by Tenant of such utilities in the Leased Premises, and on che buis of che costs incurred by Landlord in purchuing such additional utilities for use in the Building. (b) Tenanx shall also promptly pay xo Landlord, as additional rent, all costs and expenses of installation, opera[ion and maincenance of all eleccric lamps, scaaers and ballascs (bux excluding the cosc for light bulbs installed by Landlord prior to Tenant's initial possession of the Leased Premises} all additional electrical wiring caused by electrical equipmen[ installed by Tenant with Landlord's approval other than the scandard office equipment described in Section 14(a), any supplemental air conditioning equipmen[ or vibra�ion or noise elimina[ion equipmenc, described in Section 14(a), all piumbing fixtures and all additional sew and water services used in or on the Leased Premises in addition co those described in Section 15(b). 17. NO WARRANTY AS TO SERVICES. Landlord does not warrant that any of the services it is required to provide under the terms of this Lease will be free from incerrupcion. In�errupxion of service shall never be deemed an eviction or disturbance of Tenan['s use and possession of the Leased Premises or any part thereof, or render Landlord or Landlord's agencs or employees liable to Tenant for damages, or relieve Tenant from performance of Tenant's obligazions under this Lease. Provided, however, chat Landlord wi11 use due diligence to restore the interrupced service as soon as reasonably possible and, to the extent that che incerruption of service is under the control of Landlord, such incerruption will be dnring non-business hours as much as possible. 18. ENERGY POLICIES. Wherever in this Lease any terms, covenants or conditions are required to be performed by the Landlord, the Landlord shall be deemed to have kept and performed such terms, covenancs and condicions notwichstanding any accion taken by the Landlord, if such action is pursuant to any governmencal regulations, requirements or directives. Without limiting the generality of the foregoing, the Landlord may reduce the quanticy and quality of all utilicy and any other services and impose such regulations u che Landlord deems necessary in order to preserve energy. Landlord agzees that its determination hereunder shall in all instances be reasonable. 19_ INDEMNIFICATION OF LANDLORD. Tenant agrees xhat it wi11 indemnify, defend, and hold Landlard harm]ess from any and all claims for injury or damage co persons resulcing from any act, omission or neglect by 7enanc, or any other cause which arises from or is connecced with the Tenant's possession or use of the Leased Premises of the Building. 20. PKOPERTY DAMAGE - MIJTUAL WAIVER OF LIABILITY. Except for specific obligations co repair damage t:1 USERS1PALi�ER\Lbn.ry.Wer Luue 11.9 J0.dor ac -��t,O or descruction to che Leased Premises as set �or[h in this Lease, Landlord and Tenant are hereby mutually released from any and all claims of any naxure now or hereafrer azising from or on account of damage or descruction to the Leased Premises or the Building or [o any personal propeny of any of the foregoing con[ained therein or thereon, whecher such damage or descruction is caused by, arises or resulu from fire, other perils ot any other cause whatsoever. Landlord and Tenant each agree to look to their respeccive insurance carriers for proteaion against any such damage or descruaion to any of their respeaive real oz personal property and do hereby waive all rights of subrogation. 21. LIABILIIY OF LANDLORD LIMITED TO INTEREST IN PROPERTY. In the evenc of a defaulc, breach or violacion by Landlord (which term includes Landlord's officers, direccors, employees, abencs or representatives) of any of Landlord's obligacions under chis Lease, Landlord's liability to the Tenant shall be limited to its ownership incerest in the Proper[y. _ 22. TENANT INSURANCE. The City of Saint Paul agrees to maintain a self-funded ptogram to respond to a11 risks associated with this lease. The City of Saint Paul agrees to endorse onto their pzopeny insurance policy a waiver of subrogacion covering risks associaced with this lease. Nothing in this agreemenc shall be conscrued to diminish or waive the limits and/or exceptions on liability provide to the City and to the County under MN Statute X466. 23. FIRE OR OTHER CASUALTIES. If the Building is substantially damaged or destroyed by fire or other cuualty, che Landlord shall have the righ[ xo terminate this Leue, provided ic gives writcen notice thereof [o the Tenanc wichin Ninety (90) days after such damage or destruction. If a porcion of the Leased Premises is damaged by fire or other casualty, and Landtord eleccs not to terminate this Lease, the Land]ord shall within a reasonable time and at iu own expense, rescore theLeased Premises, exclusive of any alteracions or other changes made to Leased Premises ac any time by or at che direction or reques[ of Tenan[, to as near the condition which existed immediately prior to such damage or descruc�ion as reasonably possible. In the evenc Landlord so elects to restore the Leased Premises, rent shall abate during such period of time as the Leued Premises are unusable in proQor[ion that the unusable portion of the Leased Premises shall bear co the entire Leased Premises. If che substancial descruceion to the Building or to that portion of xhe Building subjecc to this Lease and the Leased Premises cannot be substanxially restored within 180 days from the time of such damage or destruction, then the Tenant shall have the right to terminate this Lease. The Landlord shall not be responsible to the Tenan[ for damages to or desczuction of any furnicure, equipmen[, al[erations or o[her changes made or installed in, on or about the Leased Premises regardless of the cause of the damage or descruction. 24. EMINENT DOMAIN. N/A 25. SIGNS. No sign, advertisemen[ or notice shall be inscribed, painted, affixed or displayed in any part of the oucside or the inside of che Building except on the clireccories and che doors of offices, and chen only in such place, numbec, size, color and style as approved by Landlord. Any such permitted uses, excepting initial listing on directories in the main building lobby and the standard building sign installed by Landlord for each Tenanc, shall be ac che sole expense and cosc of Tenant. If any such sign, advenisement or notice is improperly exhibited, Landlord shall have the right co remove the same without any 1ega1 proceeding and Tenanc shali be liab(e for any and all expenses incurred by Landlocd by said removal. 26. WINDOW COVERINGS. N/A. 27. ACCEP7ANCE OF TENANT'S GOODS. Tenant authozizes Landlord and Landlord's agencs and employees to accept and sign for shipments az a convenience and measuce of traffic control with a scamp which shall indicace that any signacure is authorized only to clear che loading dock or other receiving areas as a matter of convenience, and such signature does not constitute acceptance by the addressee and does not relieve the carrier of any liability nor creace an agency or bailmen[. Tenant hereby releases Landiord and Landiord's agents and employees from anp and all liability resulting from or related co the acceptance of goods addressed to Tenant and delivered to che Building's loading dock or other areas designated for receipt of goods. /.�lU5ERS1PdL41ER IGbr,.ry It'er Com Il 9.,10 dac 00 -�\l.o 28. RLJLES AND REGULATIONS. Tenant shall use the Leased Premise and che public and common azeas in the Building in accordance with such rules, regulations and procedures as may, from time to time, be made by the Landlord for the general safety, comforc and convenience of the ownen, occupants and tenants of the Building and shall cause Tenant's employees and invicees to abide by such rules and regulations. 29. WASI`E. Tenant shall use due care in the use of heac, air condicioning, wacer and elearicicy, the use of the Leased Premises and the public and common areas in the Building and w ithouc qualifyingthe foregoing, shall noc neglecc or misuse water fixtures, elecczic lights and heating and air condicioning apparacus. 30. KUBBISH AND AEBRIS. No rubbish, din, overshoes, mazs, umbrellas or objects of any kind sha11 be put in the public or common areas in che Building by Tenanc. . 31. HAZARDOUS SUBSTANCES. Tenant shall no[ cause or permit any Hazardous Substance to be used, s[ored, generated or disposed of on, in or about the LeasedPremises by Tenant, Tenanc's agents, employees contractors, or invitees without firsc obcaining Landlord's written consent. If Hazardous Subscances are used, scored, generaced, or disposed of on, in or about che Leased Premises, or if the Leased Premises becomes contaminated in any manner, Tenanc shall indemnify and hold harmless the Landlord (and its agents and emptoyees) for any and a11 claims, damages, fines, judgmencs, penalcies, costs liabilities oz losses (including, wi�hout limicacion, �a decrease in value of the Leased Premises or che land or building of which they are a parc, damages caused by loss or restriction of rentable or usable space, or any damages caused by adverse impacx on markecing of the space, and any and all sums paid for settlement of claims, attomey's fees, consuhant, and expert fees) arising during or a£tet the Commencement Date and arising as a result of any use, storage, generation or disposal of any Hazardous Subscance or any such contamination by Tenanc. This indemnification includes, without limitation, any and a11 costs incurred because of any investigation of the sice or any cleanup, cemovai, or rescoration mandated 6y a fedecal, state or local agency ot political subdivision. If the Tenanx causes or permits the presence of any Hazardous Substances on the Leased Premises [hac results in concamination, Tenant shall promp[ly, at its sole expense, take any and all necessary actions to recurn che Leased Premises co the condition existing prior to the presence of any such Hazazdous $ubstances on the Leased Premises. Tenant shall firsc obtain Landlord's approval for any such remedia] action. As used herein, "Hazardous Substances" means anysubscance chat is [oxic, ignitable, reactive orcorrosive regardless whether same is regulated by any local government, the State of Minnesota, or the United States Government. "Huardons Subscances" includes, bu[ is not limited to, any [oxic or hazazdous substance and any and all macerial or substances [hat are defined u"hazardous waste", "extremely hazazdous wasce", or a"hazudous substance" pursuant to state, federal, or local governmental law. "Hazardous Substances" includes, but is not restricted co asbestos, polychlorobipheny]s ("PCBs"), petroleum and petroleum products. 32. VENDING MACHINES. No vending machines shall be inscalled in the Leased Premises wichout the writcen consent of Landlord. 33. LIGHT AND AIR. Tenanc has no right co light or air over any premises adjoining che Building. 34. LANDLORD'S RiGHT TO ENTER PREMISES. Landlord, or its auchorized agents or atcorneys, may at any reasonable time encer che Leased Pcemises co inspecc, make repairs and improvemenes andfoc changes in the Leued Premises or other premises in [he Building as Landlord may deem proper. Landlord's reserved rights hereunder shall include, without limitation, free, unhampered and unobstrucred access to Building airways, equipment duas, underfloor heater duccs, scairvrays, access panels and all cleaning and utility services. Thece shall be no diminution of renc or liability on the pan of the Landlord by reason of any inconvenience, annoyance or injury co business caused by Landlord's exercise of the rights reserved by Landlord in this paragraph. 35. S£CURITY OF LEASED PREMISES. Tenant assumes full responsibility for procecting the Leased Premises from L \USfRS�PALN&21LibmryWna Leose 11.9.00.daa ao -�\b0 the$, robbery and pilferage, which includes keeping doors locked and other means of entry co the Leased Premises closed and secured aftez normal business hours. 36. REPAIRS. Tenant shall prompdy pay to Landlord upon requesc an amount equal to any cosc incurred b} Landlord in repairing the Leased Premises and/or public and common areas in the Building when such repairs were made necessary- by the negligence of or misuse by the Tenant. 37. LEASE 70 BE Si3BORDINATE. Landlord may cause this Lease to be made subjecc and subordinate to all ground or underlying leases, mortgages and rescrictions which may now or hereafrer affecc che Building and to all renewals and extensions chereof. For conEirmacion of such subordination, Tenant shall execute prompcly any subosdination agreement requested by Landlord. Tenant hereby irrevocably constimces and appoints Landlord as Tenant's agent to execuce aqy such subordinacion agreement or agreemen�s for or on behalf of Tenanc. Such subordination is subject to Tenant enjoying che quiex possessioa of che Leased Premises if any Ground Landlord or Morcgagee becomes landlord hereunder provided thac Tenant is not then in default hereunder or does not de£ault in the future. 38. ESTOPPEL GERTIFICATE. Tenant agrees chat ac aay time and from 2ime co time upon noc less than five (5) days . prior wricten notice by Landlord, co execute, acknowledge and deliver to Landlord a scatement in writing: (a) Certifying thac this Lease is unmodified and in fu11 focce and effecc or if chere have been modificacions, thac this Lease is in £ull force and effecc as modified and staxing the modifications. (6) Stating the daces co which [he renc and other charges hereunder have been paid to Landlord. (c) Scacing whecher or not, co the besc knowledge of Tenant, Landlord is in defaulc in the performance of any covenants, agreements or conditions concained in chis Lease and if so, specifying each such default of which Tenanc may have knowledge. (c� Responding to such other matters as Landlord reasonably requests. Any such statement delivered pursuant hereto may be relied upon by any owner or prospective purchaser of the Building, any prospeccice mortgagee of the Building or Landlord's incerest therein or any prospeccive assignee of any such mor[gagee. 34. T'ENANT TO SURRENDEK PREMISES IN GOOD CONDITION. tlpon the expiracion or terminacion of che lease cerm, Tenanc shall at ics expense: (a) Remove Tenanc's goods and effeccs and those of all persons claiming through Tenanc; (b) Quit and deliver up the Leued Premises to Landlord peaceably and quiecly in as good order and condition as the same were on the Commencemenc Dace or were chereafter placed in by Landlord, reasonable wear and tear and damages from fire and ocher cuualties excepted; and (c) At Landlord's request, restore xhe Leased Premises to general office standards adopted from time to time by Landlord for general application throughout the Build'ang. Any property ]efc in the Leased Premises a{cer the expiration or termination of che Lease sha11 be deemed xo have been abandoned and shall be deemed the property of Landlord to be disposed of as Landlord sees fit. 40. HOLDING OVER. Any holdover a£ter the expiration of the cerm of this lease sha116e alloc� only after receiving the written consent of the Landlord. Said tenancy shall be deemed to be a tenancy only from monxh-to-month. All other terms and conditions of chis lease shail be applicable. 41. DEFAULT. The occurrence of any of the follow�ing evencs shall constituce a default byTenanc under chis Lease: !:\(.5ER5\PALH£A \L�bra �We� Le.ue 11.9.9J.dor 60 -�\1.0 (a) Tf Tenanc shall fail to pay any amounxs to be paid by it hereunder, including but not limiced to Base Annual Renc and additional renc and such defaulL shall continue for a period of secen (� days afrer Landlord has gicen Tenant w notice of such failure to pay; or (b) If Tenant fails to perform or observe any of Tenanc's ocher obligacions, covenants or agreements herein or hereunder, and such failure shall concinue 4or a period of twenry (20) days afrer Landlord has given Tenan[ writcen notice thereof; or (c) If Tenanc makes a general aseignmenc for che bene£it of creditors, oc, subjecc co che rights of a Trustee in Bankruptcy files, or has filed against it, a petition in bankruptcy underthe Bankruptcy Reform Acc of 1978 or under any other applicable law of the Uniced Scaces of America or any state thereof, consents to the appoin�menc of a cruscee or receive for Tenanc or for i[s propercy, or if Tenant takes any action for the purpose of effecting or consen[ing to any of the foregoing; or (d} I£ Tenant holds over afret the expira[ion or cermina[ion of this Lease. (e) The abandonment or vacating of the Premises by Tenanc. Upon the occurrence of any of the foregoing defaults, Landlord may, but with no obligation to do so immediately ze-encer the Leased Premises and remove all persons and property therefrom. Landlord shall have the right to keep this Lease in full fozce and effect or, ac ics opcion, terminate this Lease u to a11 future rights of Tenant. Tenan� hereby expressly waives the service of any notice in wricing of Landlord's incenx to re-enter [he Leased Premises. Tenanx shall be liable to Landlord againsc a111oss of rents and ocher dacnages which it may incuc by reason of such default, including all attorney's fees and expenses incurred in enforcing any of the terms of this Lease. If Tenanc defaulcs before expiration or termination of che term of [his Lease, and Landlord eleccs to terminate this Leue, Landlord may accelerace Tenant's financial obligation hereunder; upon such acceleration, the entire Annual Base Renc and addicional rent and othercos[s as reasonably determined by the Landlord due for the 6alance of the term hereof sha11 be immediately due and payable. In the event Landlord re- encers the Lease Premises as seL forzh herein, and, whecher it elects to keep this Lease in effect or terminate it, Landlord may re-let the Leased Premises for such rent and upon such cerms as are not unreasonable under the circumscances. In such event, Tenant also shall be liable for all costs, expenses and damages incurred or suscained by Landlord in re-letting the Leased Premises including, without limitation, deficiency in rene, attorney's fees, expenses of placing che Leased Premises in first class rentable condition, brokerage fees, tenant allowances, improvements or payment of any oxher tenant inducement. Landlord shall have the right to commence one or more actions to enforce the terms hereof and the commencement and prosecution of one action shall noc be deemed a waiver or an estoppel from commencing one or more actions from time to time in che future. Procisions contained in this section shall be in addition co and shall noc prevenx the enforcement of any claim Landlord may have against Tenant for aneicipatory breach of che unexpired cerm of this Leue. All rights and remedies of Landlord under this Lease shall be cumulative and shall not be exdusive of any other rights and remedies provided co Landlord under applicable law. 42. HABITUAL DEFAilI.T. Notwithstanding anything to the contrary contained in this Lease, the pa¢ies hereto agree thac if the Tenant sha11 have defaulted in the performance of any (but not necessarily che same) term or condition of this Leue for three or more times during any 12-month period during the cerm hereof, then such wnduct shall, ac the election of the Landlord, represent a separate evenc of default which cannot be cured by the Tenanc. Tenant acknowledges that the purpose of this provision is to prevent repetitive defaults by the Tenanc under the Lease, R work a hardship upon che Landlord, and apprise the Landlord of the timely performance by the Tenant hereunder. 43. RIGHT TO CURE DEFALJLTS. If Tenant defaults in the observance or performance of any of Tenan['s covenants, agreements or obligations hereunder wherein the defaulc can be cured by che expendicure of money, Landlord may, buc w obligacion, and withouc limiting any other remedies w hich it may have 6y reason of such defauic, cure the default, /aLSERSIPdLNER 1Libri � Wg� Lryr f t9.00.dor IQ bo -���.0 charge the cosc thereof to Tenant and Tenant shall pay the sazne forchwith upon demand. If Landlord is required to commence a legal action to recover such sums from the Tenanc, Landlord shall also have the right to recover all incerest cos[s and atrorney's fees in conneccion wich such litigation. 44. USE OF THE TERMS "LANDLORD" AND "TENANL". The terms "Landlord" and "7enant" wherever used in this Lease, shall be construed to mean plural in all cases where thete is more than one Landlord or Tenant and the necessary grammacical changes required to make the pcovisions hereof apply co corporacions, partnerships or individuals, men or women, shall in all cases be assumed as though in each case fully exprused. In addicion, where relevant in this Lease and especially in wnnection with the provisions of chis Lease relating to personal injury, limicacion o£ liability, indemnificacion, property damage and insurance, "Landlord" shall mean Landlord, its respeccive employees, agents, invicees, licensees, customers, cliencs, parcners and shareholden and "Tenanc" shall mean its employees, agents, business invitees, licensees, customers and clien�s, family members, guests, ttespassers, panners and shareholders. 45. LANDLORD'S CONSENT. Unless it is expressly scated herein tha[, az to any paniculaz required consent, Landlord's consent shall noc be unreasonably withheld, Landlord's consent need be given only a[ Landlord's sole discre[ion. 46. IN7EftEST ON AMOUNTS DIIE LANDLORD. In the event any inscallmencs of Annual Base Rent, Additional Aenc or other charges co be paid by Tenan� under the provisions of chis Lease shall noc be promptly� paid, Tenant shall pay to the Landlord as Additional Rent for each day after the seventh (7th) day on which such payment is due but unpaid, a late charge equaling 1/60th of the payment due but not paid, buc if such charge exceeds the maacimum permitted by law, such charge shall be reduced co che highest amount permitted under such circumstances. 47. EXECIJTION BY LANDLORD. Submission of this instrument to Tenant, or Tenant's agents or actorneys, for examination or signature does no[ constituce or imply an offer to lease, reservation of space, or op[ion to lease, and [his Lease shal] have no binding legal effecc until execution hereof by boch Landlord and Tenanc. 48. CONTINTJANCEOFAGREEMENT. ThisAgreemen[shallbebindinguponandinureforthebeneficoftheparcies hereco and subjecc to the restriccions and limitacions herein contained, their respective heirs, successors and assigns. 49. PROTECTION OF LANDLORD IN THE EVENT OF SALE OF THE PROPERTY. "Landlord", u the term is used in this Lease, means only the owner or the mortgagee in possession or grantee in possession under a deed of trust, or the owner of chis Lease for �he time being, so that in the event of any sale or sales of such land and/or building or of this Leaze, or in the event of a ground lease of such land, the Landlord shall be and hereby entirely freed and relieved of ail covenan�s and obligations of Landlord hereunder, and it shall be deemed and construed withouc funher agreement becween the parties or their successors-in-interesc that the purchaser of the lease or assign of the land and/or buildin� has assumed and agreed to carry out any and all covenancs and obligations of the Landlord hereunder. 50. SEVERABILTT'Y. The provisions of this Lease aze expressly severable, and the unenforceability of any� provision or provisions hereof sha11 noc affect or impair the enforceability of any other provision of procisions. 51. MEMORANDUM LEASE. Tenant and Landlord shall, upon the written request of the othzr, execute a memorandum ot short form lease, in a form suitable for recording. Said Memorandum Leue shall be daced on the date and year of the execution of chis Lease and shall disclose che panies, the terms of the Lease, the legal descripcion of the Demised Premises and may con�ain, in addicion to the foregoing, such ocher terms and condicions as Landlord or Tenant, as the case may be, may require. 52. WAIVER OF COVENANTS. Failure of Landlord to insisc, in any one or more instances, upon scrict performance of any cerm, covenanc or condition of this Lease, or co exerci�e any option herein contained, sha11 noc be conscrued as a waivet, or a relinquishment for che fucure of such term, covenant, condition or option, but che same shall concinue and &lUSEBSVALNEA1L�b.sry W �r Ce,.�e ]19.00.dor 11 bo -���.o remain in full force and effecc. The receipt by Landlord of rents with knowledge of a breach in any of che cerms, covenan�s and conditions of this Lease to be kept or performed by Tenant shall noc be deemed a waiver of such breach, and Landlord shall not be deemed to have waived any provision of this Lease unless expressed in writing and signed by Landlord. 53. NO'I'ICES. Any nocice or demand which, under [he terms of this Lease or under any s[acute musc or may be given or made by the par[ies hereto, sha11 be in writing, and may be given or made by personal delivery or mailing the same by certified mail, addressed to the other party at [he address hereinbelow mentioned. Either parcy, however, may designate in writing such new or other address to which such nocice or demand shall thereaf�er be so given, made or mailed. Any notice given hereunder by mail shall be deemed delivered when deposiced in the United States mails, ceaified mail, re[urn receipt requested, poscage prepaid, and addressed as herein provided: (a) If co Landlord, ac: Mr. Julio A. Mangine, Dizector Ramsey County Propeny Management 50 ��est Kellogg Boulevard, Suite 660 Saint Paul, MN 55102 (b) If co Tenanc, at the Leased Premises {unless notice of change of address is given pursuant to this section) or at following address: Mr. Fran Gaulc Saint Paul Public Library 90 Wesc Fourch Screec Saint Paul, MN 55102 54. RIGHT TO RELOCATE. Landlord reserves the righc, at its opcion and upon givingthircy (30) days notice co Tenanc, to transfer and remove Tenan� from �he Premises to any other available space in the Building of equal size and area. Landlord shall bear che expense of moving Tenant's furniture, fixtures, and ocher personal propercy as well as the expense of any renovacions or alteracions necessary to make [he new space similar in arrangement and layout to the ociginal Premises. 55. RENT TAXES. If applicable now or in the fucure, in the jurisdiction where the Leased Premises are located, Tenanc shall pay as addicional renx to Landlord concurrently with rent upon which such tas is based or within [en (10) days afrer written request [herefor, as directed by Landlord, any stace or local sales tas, gross receipx tas, business license tar or other tax, however denominated, imposed direcxly upon [his Lease, the renx paid pursuant to this Lease or the operacion of the Leased Premises as rental propeny. Tenant shall not be obligaced co pay any federal, scaxe or local income tas imposed on Landlord. 56. AMENDMENTS. This Lease may be amended only in writing, and executed by boch parcies here[o. 57. MISCELLANEOUS. There are no understandings or agreements noc incorporated in this Lease. This is a Minnesota lease and shall be conscrued according to the laws of che Stace of Minnesota. The capcions in chis Lease are for convenience only and aze not pan of chis Lease. (�[iSERS WAL1tER�Lr� ry.WO� Luse 11 9 J�.dor 1� 0 0 -���.o IN WITNESS WHEREOF, Landlord and Tenanc respeafully have duly signed and sealed chese presencs the da}- and year firsx above wrixten. LANDLORD: B County Manager � � � Propercy Managemeni Budgecing and Accounting Gouncy Atcornep, As to FormfInsurance TENANT: B _ Mayor By: Finance Direccor s C!��� /�����e _.� Library Director � Gity Attorney, As co Form I �L'SERS1PdLHER \L�b..ry.Wmr 4rse It 9JJ dor 13