The URL can be used to link to this page

00-1212Retum copy to: Real Estate Division 140 Citp Eiall r��.�a� Refeaed To Committee: Council FYIe # �o -►at�- Green Sheet # t�x �Y a� WHEREAS, since January 1, 1985 the Humane Society of Ramsey County has, through L.ease Agreement PR/24, formerly CS/40, leased 9,�90 square feet of vacant land described as: � 9 10 11 12 13 14 15 Subject to Beulah Lane, ffie North 110 feet of the South 211.6 feet of the East 89 Reet of the West 627 feet of the Northwest i/a of the Northeast'/a in Section 27, Township 29, Range 23, to be used as parking space for customers and staff of the Humane Society; and WHEREAS, said Lease Agreement PRJ24 will expire on December 31, 2000; and WHEREA5, both parties to Lease Agreement PR/24 have agreed to continue the lease for an additional five years; NOW THEREFORE BE IT RESOLVED, that the proper City officials are hereby authorized and directed to execute Lease Agreement PRl24. Requ �ste by Department of: !�� /� �Q & Mana ement Services By: � Director `�� Form ed by City Attorney �� t By: Adoption Certified by Council Secretar ` By: '? Approved by Mayor for Submission to Council Approved by Mayor: Date �j_�1� f By: By: L �i�1�`� ✓ � i, � r � � r � t Y � L RESOLUTION CITY OF SAINT PAUL, MINNESOTA Adopted by Council: Date �.� . a�g�aaD � .M.S.IREAL ESTATE DIVISION Date: December 11, 200� reen S eet Number: 111$2$ ntadPerson�dPhoaeNmn6er: 2 Er.�xT�Nxnmc x 4 cirxcovxcn, 00 -��' � Dave Nelson � 266-8850 ,�, � 1 � �`'� DDGETDIItECTOR FFiCEOFETNANQA7.SVCS os[be on Counci7 Agenda by: 3 YOR <OR ASSISTAIV7) 5 FSTATE DIVISTON OTAL # OF SIGNAT[JRE PAGES 1�ciarara,LOCnTTOxsFOxsicxaTOxE> criox�QuES°rEn: To authorize execution of Lease Agreement PR/24, egtending the term for an additional five years, of tlie lease of 9,790 square feet of vacant land to the Humane 5ociety of Ramsey County to be used as a parl�ng lot for customers and staff. Reierence: 1. Resolution for consideration; 2. Sampie copy of Lease Agreement PR/24. nnons:errROVZ`n�oxae�ecrB> ERSONAL SERVICE CONTRACIS MUST ANSWER THE FOLLOWAVG: . Has the person/Srm ever woxked uoder a conlraM for this depai4nent? YES NO PLANMNGCOMA95SION A STAFf . AasthispersonlC�rmeverbeenaCityemployee? YES NO crvu, sacvice co�vss[ox . Does this person/firm possess a skill nM normally possessed by a� YES NO carrent City employee? cm co�rrrEe E lain atl YES answers on a se arate sLeet �il attach. UPPORTS WHICH COUNCIL OBJECTIVE? OUNCII, WARD(S) 5 . DLSTRICT PLANNING COUNCIL 10 NPf7ATINGPROBLEM, ISSiJE, OPPORT[JNITY(Whq What, When, Where, Why?): � .. Lease AgreementPR/24 eapired on December 31, 2000. ��'`�`�'� ��"�� ts;�. �; � � ��; v ��.;�s� VAN1'AGES IF APPROV�D: The Humane Sceiety of Ramsey County will have a parlang lot for its customers and staff. a�� 7SADVANTAGES IFAPPROVED: , � :' _ " � � �°� � � �r. _ None '�1rL: 1 i �'..�,;�, ISADVANTAGES IF NOT APPROVF,D: C 8 TY �TTO R� C i The Humane Sceiety of Ramsey County would lose its parking lot OTAL AMOUNT OF TRANSACTION: �1.00 COST/RtiVENUE BUDGETT;D (CIRCLE ONE) YES NO uvcsouxcE: N/A acTivrr3rN�Ea: N/A INANC7AL INFORMATION: (EXPLAI� (pr24) Revised 11/13/95 Authority (C.F_ or A.O.) LEASE NO. FINANCE DEPT. LEASE NO. PR124 DAT'E: 1Vovember 28. 2000 LESSOI2: CTTY OF 5AINT PAUL DEPARTMENT OF PARKS AI3D RECREATION LESSEE: FIUMANE 50CIETY OF RAMSEY COUNTY 1115 Beulah Lane Saint Paul. Minnesota 55108 together with any buildings, fixtures in such buildings, improvements and structures, if any, located thereon; � [I] Leased Premises. T2ie LBSSOR, in consideration of the payment of the Basic Rent and Additional Rent hereinafter specified to be paid by the LESSEE, and the covenants and agreements herein contained, does hereby lease, demise and let unto LESSEE the premises hereinafter refeired to as the "Izased Fremises a�hose address is: � � and which is legaliy described as: Subject to Beulah L�e, the North 110 feet of the South 271.6 feet of the East &9 feet of the West 627 feet of the Northwest'/a of the Northeast'/a of Section 27, Township 29 North, Range 23 West. -� _ r� [2] See Exhibit "A", plan or map of leased area which is incorporated herein by this reference. ar� -�a�a- CITY OF SAINT PAUL STANDARD LEASE AGREEMENT Term of Lease. This lease shall be in effect for a term commencing and ending on the dates indicated below, unless terminated eazlier by the LESSOR as provided herein. Term (MonThslYears) 5 Years Commencing Date January 1, 2001 Ending Aate December 31, 20�5 [3] Use ofPremises. The LESSEE shall use and occupy the L.eased Premises for the following purpose: Parking staff and visitors to the animal shelter and for no other purpose without the prior written consent of LESSOR. 6 0 -1��. [41 Rent. Rent shall consist of Basic Rent and such Additional Rent as may apply. LESSEE shall pay all rent in advance, on the £ust day of the term of the lease and on the first day of each payment period thereafter as indicated in the Payment Schedule below: (Aj Basic Rent Total Basic Rent During L.ease Term (Payment Period — Commencing Date —$ per Period) 5 Yeazs 7anuary 1, 2001 $1.00 $1.00 (1) (2) (3) (4) (B) Additional Renk Additional Rent means all amounts, other than Basic Rent provided for in paragraph (4A) above, that LESSEE shall be obligated to pay under this pazagraph or other provisions of this Lease. Additional Rent shall include, but is not limited to, the following fees, costs and expenses: ail utilities, including water, electric, gas, telephone, sewa�e and garbage collection and disposal; costs for the repairs improvements or alterations required to be made by the LES SEE in paragraph 11 of this Lease; all taxes on realty or personalty general or special; (4) all public rates, dues, charges and assessments, general or speciai, of any kind upon the Leased Premises; and property insurance premium and(or uninsured losses as set forth in paragraph (7) of thas Lease. In the eventthat LESSEE does not make such payments (or any payments requixed to be paid as Add'ational Rent), LESSOR may make the payments at its option, and the payments so paid become Additional Rent, and are due and payable by the LESSEE with the payment of Basic Rent next required after written notice of same to the LESSEE by LESSOR. LESSEE shall make all payments of Basic Rent and Additional Rent to LESSOR at the following address: Deuartment of Parks & Recreation - 300 City Hail Annex - St. Paul. MN 55102 [5] TaYes. LESSEE shall be responsible for and pay all taxes and assessments against the L,eased Premises, except that LESSEE may at its own expense contest and challenge the unposition ar amount of any such taY or assessment as prescribed by law; provided, however, that in the event this Lease is terminated by either party, LESSOR may at its option require the LESSEE to pay such contested ta�ces pending appeal, to place in escrow a sum sufficient to pay said taaces, or take other action that will remove said contested taYes as an encumbrance to tide or as an excepuon to the transferability of marketabie utle to the Leased Premises. ao —�, �� j6] Right of Entrv. At all times during the term of this lease, the LESSOR shall have the right, by itself, its agents and employees, to enter into and upon the L.eased Premises durina reasonable business hours or, in the event of an emergency, at any time for any legitimate purpose. [7] Insurance. (A) LESSOR'S Insurance. The LESSOR shall acquire and keep in effect during the term of this agreement the following coverages: (1) FIREANDALLRISKINSURANCB,ontheLeasedPremiseswithlimitsofnotless than N/A sha11 be purchased by the LESSOR; the LESSEE shall pay, as Additional Rent, the premium for said insurance and, in the event of a claim any deductibie. Said insurance shall name the City of Saint Paul as the insured. With respect to any loss of the LESSOR'5 property not covered by insurance, it shall be the responsibility of the L•ESSEE, within a reasonabie time, to pay all costs to repair or replace the damaged property with like kind, such reasonable time to be determined by the LESSOR. LESSEE shall be responsible for insurance of its own property. (B) LESSEE'S Insurance. The LESSEE shall acquire during the term of this lease the following coverage: (1) The LESSEE shall be responsible for the self insurance of, or the acquisition of Commercial Property Insurance on, its personal property. (2) COMMERCIAL GENERAL LIABILITY INSURANCE including blanket contractual liability coverage, personal injury liability coverage and broad form property damage liabality endorsement with a combined single limit of not less than $750,000 per occurrence shall be purchased by the LESSEE. Such insurance shall: (a) name the City of 5aint Paul as additional insured; (b) be primary with respect to LESSOR'S insurance or self-insurance; (c) not exclude explosion, collapse and underground property damage; (d) be written on an"Occunence" Form policy basis; and (e) not contain an"aggregate" policylimit unless specifically approved in writing by LESSOR. (3) AUTOMOBILE LIABILITY INSURANCE with minimum limits of $750,000 combined singie limit and $1,000,000 aggregate, covering hired, non-owned and owned automobiles. (4) W ORKERS' COMPENSATION INSURANCE with not less than statutory minimum limits; and EMPLOYERS' LIABILTTY INSURANCE with minimum limits of at least $1OQ000 per accident and with an all states endorsement. : (5) The LESSEE shall supply to LESSOR current insurance certificates for policies required in Paragraph (7). The said certificates shall certify whether or not the agent has errors and omissions insurance coverage. o� -�a��a- (6) The limits cited under each insurance requirement above establish minunums; and it is the sole responsibility of the LESSEE to purchase and maintain additional insurance that may be necessary in relation to this lease. (7) Nothing ln this conuact shall constltute a waiver by the LESSOR of any statutory limits or excepuons on liability. (8) LESSEE shali place the insurance with responsible insurance companies authorized and licensed to do business in the State of Minnesota and approved byLESSOR, and shall deliver copies of the policies to LESSOR on the date of LESSEE'S execution of this agreement. The policies required in pazagraph (7) shall be endorsed to indicate that the insurer cannot cancei or change the insurance without first giving the LESSOR 30 days' written notice. (C) W aiver of Subro atg ion. LESSOR•waives its right of subrogation for damageto the Building, contents therein, loss of use thereof, and/or loss of income, up to the amount of insurance proceeds collected. LESSEE waives its right of subrogation for damage to property in the Leased Premises, loss of use thereof, loss of income and/or accounts receivable, up to the amount of their respective insurance proceeds collected. The parties shail notiPy their respective insurance companies, in writing, of the provisions of this paragraph; and, if either cannot waive its subrogation rights, such party shall immediately notify the other party; in writing. [8] Canceilation or Termination. This lease shall be subject to cancellation and termination by LESSOR at any time during the term hereof by giving the LESSEE notice in writing at ninety (90) days, (thirty (30) days for leases with a term of one (1) year or less or any month-to-month tenancies) prior to the date when such termination shall become effective. In ihe event of such termination, and on the effective date of such termination, LESSOR shall return any unearned rental paid by the LESSEE without interest. ' [9] Notice. All notices herein provided to be given, or that may be given by either party to the other, shall be deemed to have been fully given when served personaliy on LESSOR or LESSEE, or when made in writing and deposited in the United States Mail, certified and postage prepaid, and addressed to the LE5SEE at the address stated on page (1) and to the LESSOR at the Real Bstate Division,140 City Haii, Saint Paul, Minnesota 55102. The address to which the notice shall be mailed may be changed by written notice given by either pazty to the other. Nothing herein shall preclude the giving of such address change notice by personal service. [10] Assi;nment and Sublettin2. LESSEE shall not assign or sublet this I.ease without the written consent of the LESSOR which consent must be obtained prior to the execution of any agreement to sublease the L.eased Premises. � 00 �\i\�- [ll] Maintenance and Re�airs. LESSEE shall, at its own cost and expense, be responsible for all repairs, maintenance and upkeep of the L.eased Premises, including but not limited to emergency repairs of any kind; routine maintenance and repair to keep the Leased Premises in good repair, safe and in compliance with applicable fire, health, building and other life-safety codes; and all repairs and maintenance needed to keep the buildings or structures on the Lzased Premises in good con- diuon, including (a) the exterior (including windows and doors) and interior structure of the buildings or structures, (b) the roof or roofs, (c) the heating, ventilating and air conditionin� systems therein, (d) all electrical plumbing, lighting, mechanicai systems fire suppression equipment, i.e: fire sprinkler system; and (e) all grounds, fences and roads within the Leased Premises. The foregoing obligations shall bind the LFSSEE regardless of the cause of the damage or condition necessitating the repair or maintenance. [12] Pavments in Case of Default� LESSEE shall pay LESSOR all costs and expenses, including reasonable attorney's fees in any action brought by LESSOR to recover any rent due and unpaid hereunder, or for the breach or default ofany of the covenants or agreements contained in this L.ease, or to recover possession of said property, whether such action progresses to judgment or not. [13] Surrender of Premises. The LESSEE, at ihe expiration of said term, or any sooner termination of this lease, shall quit peacefully and surrender possession of said propeny and its appurtenances to LESSOR in as good order and condiuon as the property was delivered to the LESSEE. [14] Indemnitv. The LESSEE agrees to indemnify, defend, save and hold hannless the City of Saint Paul and any agents, officers and employees thereof from all claims, demands, actions or causes of action of whatsoever nature or character, arising out of or by reason of the Lease of ihe herein described L,eased Premises by the LESSOR to the LESSEE, or the use or condition of the Leased Premises or as a result of the operations or business acuviUes taking place on the I,eased Premises. It is fuliy understood and agreed that LESSEE is aware of the conditions of the L.eased Premises and leases the same "as is." � [15] Holdover. Any holdover after the expiration of the term of this I.ease shall be aliowed only after receiving the written consent of the LESSOR. Said tenancy shall be deemed to be a tenancy only from month-to-month. A11 other terms and conditions of this Lease shall be applicable. [16] Pollution and Contaminants. LESSEE agrees to comply with all ordinances, laws, rules and regulations enacted by any governmental body or agency relating to the control, abatement or emission of air and water contaminants and the disposal of refuse, solid wastes or liquidwastes. LESSEE shali bear all costs and expenses arising from compliance with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold harmless LESSOR from all liability, in- cluding without limitation, fines, forfeitures, and penalties arising from the failure by LESSEE to comply with such ordinances, laws, rules or regulations. LESSOR has the right to perform cleanup and charge the LESSEE as Additional Rent for such costs should the LESSEE fail to comply. oe-��- [i'77 Controlline Lease. In the event ihere is any prior e�sting lease or rental agreement between LESSEE and LESSOR (or its predecessor in interest) covering the sabject property, it is agreed and understood that this I.ease shall cancel and teiminate any prior leases or rental agreements as of the effective date of this lease. [18] Destrucfion. In the event of damage to or destrucuon of the L.eased Premises or in the event the premises becomes untenantable or unfit for occupancy due to such damage during the term�of this I.ease, LESSOR may at its option: (A) terminate the lease upon fifteen (15) days' written notice to LESSEE; or (B) within fifteen (15) days agree to restore the premises within a reasonable time period foilowing the casualty, chazging the costs in excess of the insurance proceeds, if any, to the LESSEE as Additionat Rent; or (C) may direct that LESSEE prompfly restore the L.eased Premises to substantially the condition existing immediately prior to such damage or destrucUOn, and for that purpose, if such dam- age or destruction was caused by perils insured against the LESSOR shal] make available to LESSEE pro-rata as work progresses, the net proceeds of such insurance. If such proceeds are insufficient to pay the entire cost thereof, LESSEE agrees to pay as Additional Rent, a lump sum payment (or in a form agreed upon by the LESSOR) equai to the remainder of such cost. The Basic Rents to be paid during the restoration period shali be abated in proportion to the percentage of loss and impairment of the use of the I.eased Premises as deterniined by the LESSOR, times the number of days of loss or impairment. [19] Events of Defauit The occurrence of any of the following events during the term of this Lease shail constitute an event of default by the LESSEE: (A) the filing of a petition to have LESSEE adjudicated bankrupt or a peution for reorganization or arrangement under any laws of the United States relating to bankruptcy filed by LESSEE; (B) in the event a petition to have LESSEE adjudicated baukrupt is filed against LESSEE, the failure to dismiss such peution within niaety (90) days from the date of such filing; (C) the assets of LESSEE or of the business conducted by LESSEE on the I.eased Premises be assumed by any trustee or other person pursuant to any judiciai proceedings; (D) LESSEE makes any assignment for the benefit of creditors; (E) the fatlure by LESSEE to timely pay Basic Rent or Additional Rent as required by this Lease; (F) the failure by LESSEE to observe and perform any covenant, condition or agreement on its part to be observed or performed as required by this Lease; or (G) the failure by LESSEE or its surety to dischuge, satisfy or release any lien or lien statement filed or recorded against the Leased Premises within sixty days after the date of such filing or recording, whichever date is earlier. 0 0 - \ ��" It is an express covenant and agreement of LESSOR and LESSEE that LESSOR may, at its election, terminate this L.ease in the event of the occurrence of any of the events described in this paragraph or in paragraph (22) relaung to liens by giving not less than ten days' written notice to LESSEE; and when so terminated, LESSOR may reenter the Leased Premises. This I.ease and its I.eased Premises shall not be treated as an asset of LES3EE'S estate. It is further expressly understood and agreed that LESSOR shall be entifled upon such reentry, notwithstanding any other provision of this Lease, to exercise such rights and remedies as are provided in Pazaaraph (24) of this Lease. [20] Compliance with Laws. The property described herein may be used for only the purposes stated herein. It is the sole and exciusive responsibility of the LESSEE in the use of the property to comply with all laws, rules, regulations or ordinances imposed by any jurisdiction affecting the use to which the properry is proposed to be put. Inability or failure by the LESSEE to comply with any of said laws, rules, regulations or ordinances will not relieve the LESSEE of the obligation to pay the rental provided herein. [21] Non-Discrimination. The LESSEE for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that (A) no person, on the ground of race, sex, color creed, religion, age, disability marital status, status with respect to public assistance or national origin or ancestry shall be excluded from participating in, be denied the benefits of or be otherwise subjected to discrimination in the use of said facilities; (B) that in connection with the construcuon of any improvements on said lands and the furnishing of services thereon no discrimination shall be pracuced in the selection of em- ployees and contractors, by contractors in the selection and retention of first tier subcontract- ors, and by first-tier subconuactors in the selection and retention of second-tier subcon- tractors; (C) that such discrimination shall not be practiced against the public in its access in and use of the facilities and serv3ces provided for public accommodations (such as eating, sleeping, rest and recreation) consuucted or operated on the Leased Premises; and (D) that the LESSEE shall use the premises in compliance with ali other requirements imposed pursuant to the Saint Paul I.egislative Code Chapter 183. [22] Liens. The LESSEE shali not permit mechanic's liens or other liens to be filed or established or to remain against the I.eased Premises for labor, materials or services furnished in connec[ion with any additions, modifications, improvements, repairs, renewals or replacements made to the L.eased Premises, or for any other reason; provided that if the LESSEE shall first notify the LESSOR of its intention to do so and shall deposit in escrow with the LESSOR a sum of money or a bond or irrevocable letter of credit acceptable to the LESSOR equal to the amount of the claim of lien, LESSEE may in good faith contest any such claims or mechanic's or other liens filed or established and in such event may permit the items contested to remain undischarged and unsatisfied during the period of such contest. If, in the opinion of the LESSOR the nonpayment of any such items subjects the Leased Premises to any loss or forfeiture, the LESSOR may require the LESSEE to use the es- crow account to prompdy pay all such unpaid items and if LESSEE fails to pay from the escrow account, the LESSOR may pay and charge the LESSEE as Additional Rent. 7 ao -1�� [23j Eminent Domain. In the event the entire Leased Premises are taken by eminent domain, or such portion thereof is so taken that in LESSEE'S reasonable judgement it is uneconomic thereafter to restore the I.eased Premises and proceed under the terms and provisions of this Lease, LESSEE may terminate this Lease by glving to LESSOR thirty days' written notice of terminauon, effecrive as of ttie date on which the condemning authority acquires legal ufle or physical possession of the L,eased Premises. LFSSEE hereby waives and releases any ciaim to or share in the Awazd of Compensation for the taking, notwithstanding any other provision of law, this L,ease or any other agreement. LFSSEE may to the extent otherwise permitted in ihe eminent domain proceeding, remove its own trade fixtures at its own expense. [24] Default Remedies. In the event an Event of Default occurs under pazagraph (19) of this L.ease, LESSOR may exercise any one or more of the following remedies: (A) reenter and take possession of the Premises without termination of this L.ease and use its best efforts to ease the Premises to or enter into an agreement with another person for the account of LESSEE; . (B) terminate this lease, exclude LESSEE from possession of the Premises, and use its best efforts to lease the Premises to or enter into an agreement with another in accordance with applicable law; (C) exclude LESSEE from possession of the Premises, with or without terminating this Lease and operate the Premises itself; (D) terminate the I.ease, exclude LESSEE from possession of the Leased Premises, sell all or any part of the Premises at the best price obtainable (provided such sale is permitted by applic- able law,) such sale to be on such terms and conditions as the LESSOR, in its sole discretion, shall determine and apply the proceeds of such sale less any expenses ihereof for the account of the LESSEE. (E) exercise any remedies available to it under the Minnesota Uniform Commercial Code; (F) take whatever action at law or in equity may appear necessazy or appropriate to collect the Basic Rent and Additional Rent then due and thereafter to become due,�'or to enforce performance and observance of any obligation, agreement or covenant of the LESSEE under this Lease. (G) in exercising any of its remedies set forth in this Section, the LESSOR may, whether or not the I,ease is then in effect, hold the LESSEE liable for the difference between the payments and other costs for which the LESSEE is responsible under this Lzase. No remedy herein conferred upon or reserved to LESSOR is intended to be exclusive of any other available remedy or remedies, but each such remedy shall be cumulative and shall be in addiuon to every other remedy gaven under this Lease or now or thereafter existing at law or in equity by statute. No delay or omission to exercise any such right or power accruing upon any defauit shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the LESSOR to exercise any remedy reserved to it in this Provision, it shall not be necessary to give any nouce, other than such notice as may be herein expressiy required. 60 �-\,� \ar [25] Default of Paymen� LESSEE agrees that, should it default on any payment owing and due to be paid to LESSOR as provided in this agreement, including but not limited to Basic Rent and Additional Rent, then the remaining unpaid balance shall, at the option of the LESSOR, immediately become due. Said LESSEE further agrees that the LFSSOR may, at its option and without notice to LESSEE, enter judgment against LESSEE in Ramsey County District Court for the amount of the unpaid balance. And LESSEE does hereby confess judgment in the amount of the unpaid balance due upon default, and does authorize the LES50R to enter judgment as provided above. LFSSEE does hereby aa ee that the LESSOR, at its opuon, may enter a judgment, at any time within ane yeaz of the tnne the last payment shall have come due, for the full amount of the unpaid balance due pursuant to the confession of judgment provided herein. [26] Alterations. The LESSEE will not make any alterations to the premises without the written consent of the LESSOR, such consent not to be unreasonably withheld. If the LESSEE desires to make any such alterations, an accurate description shall first be submitted to and approved by the LESSOR and such alterations shall be done by the LESSEE at its own expense. All such work shall be performed under the LESSOR'S supervision and 'any improvements made to the L.eased Premises at the LESSEE'S expense shall become the property of the LESSOR at the end of the Lease period. LESSEE agrees that a11 alterations will be done in a workmanlike manner and in conformance with applicable building codes that the structural integrity and building systems of the building will not be impaired, and that no liens will attach To the premises by reason thereof. [27] Amended. Anything herein contained to the contrary not withstanding, this Lease may be teaninated, and the provisions of this Lease may be, in writing, amended by mutuai consent of the parties hereto. bc�—\�� IN 4VITNESS WHEREOF, the parties hereto have set their hands and seals the day and year in this Lease first above-written. LESSOR: Mayor City Clerk Director of Finance & Management Services Department Director City Attorney (Form Approval) LES5EE: Its Its Its 10 � -. _ EXH1�81T "A" to LEASE AGREEMEN;'f' PR%24 00 -w�a .: � � - - ` � ,V Iw 2643�Z_ � . : "'� . . rr . . . /Y• , - — . ,:>a�-E — . _' �W . _� . -.. -- - -=� - .. ^ . N . W - ^ . _ r , - - •. � . : ` .� • - �'.. . - . _ . �; �... t . . �� .. .' : ; . _ .: � - r.... .� � . . L � „ .,." "_.� ..." � • '— � '. .. ._. . . •� • � " � . 1 ' .. _ � • � � i . � . � . " � . � . . . . . ' . . '�' � • • . � J • ' • , � i ' ` � ` ' • ' . . . . . � ' . � • • � •• �� . . • _ � � i � � o . : . . �. � - �:. �+'� � . - � .. . � ...... . . _�, � � i - i Z .. _ _ . . . � � - • � .. ...._. _.� ____......_ e . . � �- ,� .. � �--. �. �. .. . - . �� . � , .� t': - . C= . , = . ' ' � . . : t � 1' � � � � �� , � � - . ' . � ' � z �� . �- ` � =� .. 4 �. � C: C �].. �-'' i � ' :• ' . L�. � ` � . . , L \ s �,� o � .i � 1 ,.:.. • L . p i :*M �d�.-',c„rj 1 01� �l� ,...... � ` � , -°' U �. . v �" . . �. _..:��_ �- r .. � a L AN. o� Retum copy to: Real Estate Division 140 Citp Eiall r��.�a� Refeaed To Committee: Council FYIe # �o -►at�- Green Sheet # t�x �Y a� WHEREAS, since January 1, 1985 the Humane Society of Ramsey County has, through L.ease Agreement PR/24, formerly CS/40, leased 9,�90 square feet of vacant land described as: � 9 10 11 12 13 14 15 Subject to Beulah Lane, ffie North 110 feet of the South 211.6 feet of the East 89 Reet of the West 627 feet of the Northwest i/a of the Northeast'/a in Section 27, Township 29, Range 23, to be used as parking space for customers and staff of the Humane Society; and WHEREAS, said Lease Agreement PRJ24 will expire on December 31, 2000; and WHEREA5, both parties to Lease Agreement PR/24 have agreed to continue the lease for an additional five years; NOW THEREFORE BE IT RESOLVED, that the proper City officials are hereby authorized and directed to execute Lease Agreement PRl24. Requ �ste by Department of: !�� /� �Q & Mana ement Services By: � Director `�� Form ed by City Attorney �� t By: Adoption Certified by Council Secretar ` By: '? Approved by Mayor for Submission to Council Approved by Mayor: Date �j_�1� f By: By: L �i�1�`� ✓ � i, � r � � r � t Y � L RESOLUTION CITY OF SAINT PAUL, MINNESOTA Adopted by Council: Date �.� . a�g�aaD � .M.S.IREAL ESTATE DIVISION Date: December 11, 200� reen S eet Number: 111$2$ ntadPerson�dPhoaeNmn6er: 2 Er.�xT�Nxnmc x 4 cirxcovxcn, 00 -��' � Dave Nelson � 266-8850 ,�, � 1 � �`'� DDGETDIItECTOR FFiCEOFETNANQA7.SVCS os[be on Counci7 Agenda by: 3 YOR <OR ASSISTAIV7) 5 FSTATE DIVISTON OTAL # OF SIGNAT[JRE PAGES 1�ciarara,LOCnTTOxsFOxsicxaTOxE> criox�QuES°rEn: To authorize execution of Lease Agreement PR/24, egtending the term for an additional five years, of tlie lease of 9,790 square feet of vacant land to the Humane 5ociety of Ramsey County to be used as a parl�ng lot for customers and staff. Reierence: 1. Resolution for consideration; 2. Sampie copy of Lease Agreement PR/24. nnons:errROVZ`n�oxae�ecrB> ERSONAL SERVICE CONTRACIS MUST ANSWER THE FOLLOWAVG: . Has the person/Srm ever woxked uoder a conlraM for this depai4nent? YES NO PLANMNGCOMA95SION A STAFf . AasthispersonlC�rmeverbeenaCityemployee? YES NO crvu, sacvice co�vss[ox . Does this person/firm possess a skill nM normally possessed by a� YES NO carrent City employee? cm co�rrrEe E lain atl YES answers on a se arate sLeet �il attach. UPPORTS WHICH COUNCIL OBJECTIVE? OUNCII, WARD(S) 5 . DLSTRICT PLANNING COUNCIL 10 NPf7ATINGPROBLEM, ISSiJE, OPPORT[JNITY(Whq What, When, Where, Why?): � .. Lease AgreementPR/24 eapired on December 31, 2000. ��'`�`�'� ��"�� ts;�. �; � � ��; v ��.;�s� VAN1'AGES IF APPROV�D: The Humane Sceiety of Ramsey County will have a parlang lot for its customers and staff. a�� 7SADVANTAGES IFAPPROVED: , � :' _ " � � �°� � � �r. _ None '�1rL: 1 i �'..�,;�, ISADVANTAGES IF NOT APPROVF,D: C 8 TY �TTO R� C i The Humane Sceiety of Ramsey County would lose its parking lot OTAL AMOUNT OF TRANSACTION: �1.00 COST/RtiVENUE BUDGETT;D (CIRCLE ONE) YES NO uvcsouxcE: N/A acTivrr3rN�Ea: N/A INANC7AL INFORMATION: (EXPLAI� (pr24) Revised 11/13/95 Authority (C.F_ or A.O.) LEASE NO. FINANCE DEPT. LEASE NO. PR124 DAT'E: 1Vovember 28. 2000 LESSOI2: CTTY OF 5AINT PAUL DEPARTMENT OF PARKS AI3D RECREATION LESSEE: FIUMANE 50CIETY OF RAMSEY COUNTY 1115 Beulah Lane Saint Paul. Minnesota 55108 together with any buildings, fixtures in such buildings, improvements and structures, if any, located thereon; � [I] Leased Premises. T2ie LBSSOR, in consideration of the payment of the Basic Rent and Additional Rent hereinafter specified to be paid by the LESSEE, and the covenants and agreements herein contained, does hereby lease, demise and let unto LESSEE the premises hereinafter refeired to as the "Izased Fremises a�hose address is: � � and which is legaliy described as: Subject to Beulah L�e, the North 110 feet of the South 271.6 feet of the East &9 feet of the West 627 feet of the Northwest'/a of the Northeast'/a of Section 27, Township 29 North, Range 23 West. -� _ r� [2] See Exhibit "A", plan or map of leased area which is incorporated herein by this reference. ar� -�a�a- CITY OF SAINT PAUL STANDARD LEASE AGREEMENT Term of Lease. This lease shall be in effect for a term commencing and ending on the dates indicated below, unless terminated eazlier by the LESSOR as provided herein. Term (MonThslYears) 5 Years Commencing Date January 1, 2001 Ending Aate December 31, 20�5 [3] Use ofPremises. The LESSEE shall use and occupy the L.eased Premises for the following purpose: Parking staff and visitors to the animal shelter and for no other purpose without the prior written consent of LESSOR. 6 0 -1��. [41 Rent. Rent shall consist of Basic Rent and such Additional Rent as may apply. LESSEE shall pay all rent in advance, on the £ust day of the term of the lease and on the first day of each payment period thereafter as indicated in the Payment Schedule below: (Aj Basic Rent Total Basic Rent During L.ease Term (Payment Period — Commencing Date —$ per Period) 5 Yeazs 7anuary 1, 2001 $1.00 $1.00 (1) (2) (3) (4) (B) Additional Renk Additional Rent means all amounts, other than Basic Rent provided for in paragraph (4A) above, that LESSEE shall be obligated to pay under this pazagraph or other provisions of this Lease. Additional Rent shall include, but is not limited to, the following fees, costs and expenses: ail utilities, including water, electric, gas, telephone, sewa�e and garbage collection and disposal; costs for the repairs improvements or alterations required to be made by the LES SEE in paragraph 11 of this Lease; all taxes on realty or personalty general or special; (4) all public rates, dues, charges and assessments, general or speciai, of any kind upon the Leased Premises; and property insurance premium and(or uninsured losses as set forth in paragraph (7) of thas Lease. In the eventthat LESSEE does not make such payments (or any payments requixed to be paid as Add'ational Rent), LESSOR may make the payments at its option, and the payments so paid become Additional Rent, and are due and payable by the LESSEE with the payment of Basic Rent next required after written notice of same to the LESSEE by LESSOR. LESSEE shall make all payments of Basic Rent and Additional Rent to LESSOR at the following address: Deuartment of Parks & Recreation - 300 City Hail Annex - St. Paul. MN 55102 [5] TaYes. LESSEE shall be responsible for and pay all taxes and assessments against the L,eased Premises, except that LESSEE may at its own expense contest and challenge the unposition ar amount of any such taY or assessment as prescribed by law; provided, however, that in the event this Lease is terminated by either party, LESSOR may at its option require the LESSEE to pay such contested ta�ces pending appeal, to place in escrow a sum sufficient to pay said taaces, or take other action that will remove said contested taYes as an encumbrance to tide or as an excepuon to the transferability of marketabie utle to the Leased Premises. ao —�, �� j6] Right of Entrv. At all times during the term of this lease, the LESSOR shall have the right, by itself, its agents and employees, to enter into and upon the L.eased Premises durina reasonable business hours or, in the event of an emergency, at any time for any legitimate purpose. [7] Insurance. (A) LESSOR'S Insurance. The LESSOR shall acquire and keep in effect during the term of this agreement the following coverages: (1) FIREANDALLRISKINSURANCB,ontheLeasedPremiseswithlimitsofnotless than N/A sha11 be purchased by the LESSOR; the LESSEE shall pay, as Additional Rent, the premium for said insurance and, in the event of a claim any deductibie. Said insurance shall name the City of Saint Paul as the insured. With respect to any loss of the LESSOR'5 property not covered by insurance, it shall be the responsibility of the L•ESSEE, within a reasonabie time, to pay all costs to repair or replace the damaged property with like kind, such reasonable time to be determined by the LESSOR. LESSEE shall be responsible for insurance of its own property. (B) LESSEE'S Insurance. The LESSEE shall acquire during the term of this lease the following coverage: (1) The LESSEE shall be responsible for the self insurance of, or the acquisition of Commercial Property Insurance on, its personal property. (2) COMMERCIAL GENERAL LIABILITY INSURANCE including blanket contractual liability coverage, personal injury liability coverage and broad form property damage liabality endorsement with a combined single limit of not less than $750,000 per occurrence shall be purchased by the LESSEE. Such insurance shall: (a) name the City of 5aint Paul as additional insured; (b) be primary with respect to LESSOR'S insurance or self-insurance; (c) not exclude explosion, collapse and underground property damage; (d) be written on an"Occunence" Form policy basis; and (e) not contain an"aggregate" policylimit unless specifically approved in writing by LESSOR. (3) AUTOMOBILE LIABILITY INSURANCE with minimum limits of $750,000 combined singie limit and $1,000,000 aggregate, covering hired, non-owned and owned automobiles. (4) W ORKERS' COMPENSATION INSURANCE with not less than statutory minimum limits; and EMPLOYERS' LIABILTTY INSURANCE with minimum limits of at least $1OQ000 per accident and with an all states endorsement. : (5) The LESSEE shall supply to LESSOR current insurance certificates for policies required in Paragraph (7). The said certificates shall certify whether or not the agent has errors and omissions insurance coverage. o� -�a��a- (6) The limits cited under each insurance requirement above establish minunums; and it is the sole responsibility of the LESSEE to purchase and maintain additional insurance that may be necessary in relation to this lease. (7) Nothing ln this conuact shall constltute a waiver by the LESSOR of any statutory limits or excepuons on liability. (8) LESSEE shali place the insurance with responsible insurance companies authorized and licensed to do business in the State of Minnesota and approved byLESSOR, and shall deliver copies of the policies to LESSOR on the date of LESSEE'S execution of this agreement. The policies required in pazagraph (7) shall be endorsed to indicate that the insurer cannot cancei or change the insurance without first giving the LESSOR 30 days' written notice. (C) W aiver of Subro atg ion. LESSOR•waives its right of subrogation for damageto the Building, contents therein, loss of use thereof, and/or loss of income, up to the amount of insurance proceeds collected. LESSEE waives its right of subrogation for damage to property in the Leased Premises, loss of use thereof, loss of income and/or accounts receivable, up to the amount of their respective insurance proceeds collected. The parties shail notiPy their respective insurance companies, in writing, of the provisions of this paragraph; and, if either cannot waive its subrogation rights, such party shall immediately notify the other party; in writing. [8] Canceilation or Termination. This lease shall be subject to cancellation and termination by LESSOR at any time during the term hereof by giving the LESSEE notice in writing at ninety (90) days, (thirty (30) days for leases with a term of one (1) year or less or any month-to-month tenancies) prior to the date when such termination shall become effective. In ihe event of such termination, and on the effective date of such termination, LESSOR shall return any unearned rental paid by the LESSEE without interest. ' [9] Notice. All notices herein provided to be given, or that may be given by either party to the other, shall be deemed to have been fully given when served personaliy on LESSOR or LESSEE, or when made in writing and deposited in the United States Mail, certified and postage prepaid, and addressed to the LE5SEE at the address stated on page (1) and to the LESSOR at the Real Bstate Division,140 City Haii, Saint Paul, Minnesota 55102. The address to which the notice shall be mailed may be changed by written notice given by either pazty to the other. Nothing herein shall preclude the giving of such address change notice by personal service. [10] Assi;nment and Sublettin2. LESSEE shall not assign or sublet this I.ease without the written consent of the LESSOR which consent must be obtained prior to the execution of any agreement to sublease the L.eased Premises. � 00 �\i\�- [ll] Maintenance and Re�airs. LESSEE shall, at its own cost and expense, be responsible for all repairs, maintenance and upkeep of the L.eased Premises, including but not limited to emergency repairs of any kind; routine maintenance and repair to keep the Leased Premises in good repair, safe and in compliance with applicable fire, health, building and other life-safety codes; and all repairs and maintenance needed to keep the buildings or structures on the Lzased Premises in good con- diuon, including (a) the exterior (including windows and doors) and interior structure of the buildings or structures, (b) the roof or roofs, (c) the heating, ventilating and air conditionin� systems therein, (d) all electrical plumbing, lighting, mechanicai systems fire suppression equipment, i.e: fire sprinkler system; and (e) all grounds, fences and roads within the Leased Premises. The foregoing obligations shall bind the LFSSEE regardless of the cause of the damage or condition necessitating the repair or maintenance. [12] Pavments in Case of Default� LESSEE shall pay LESSOR all costs and expenses, including reasonable attorney's fees in any action brought by LESSOR to recover any rent due and unpaid hereunder, or for the breach or default ofany of the covenants or agreements contained in this L.ease, or to recover possession of said property, whether such action progresses to judgment or not. [13] Surrender of Premises. The LESSEE, at ihe expiration of said term, or any sooner termination of this lease, shall quit peacefully and surrender possession of said propeny and its appurtenances to LESSOR in as good order and condiuon as the property was delivered to the LESSEE. [14] Indemnitv. The LESSEE agrees to indemnify, defend, save and hold hannless the City of Saint Paul and any agents, officers and employees thereof from all claims, demands, actions or causes of action of whatsoever nature or character, arising out of or by reason of the Lease of ihe herein described L,eased Premises by the LESSOR to the LESSEE, or the use or condition of the Leased Premises or as a result of the operations or business acuviUes taking place on the I,eased Premises. It is fuliy understood and agreed that LESSEE is aware of the conditions of the L.eased Premises and leases the same "as is." � [15] Holdover. Any holdover after the expiration of the term of this I.ease shall be aliowed only after receiving the written consent of the LESSOR. Said tenancy shall be deemed to be a tenancy only from month-to-month. A11 other terms and conditions of this Lease shall be applicable. [16] Pollution and Contaminants. LESSEE agrees to comply with all ordinances, laws, rules and regulations enacted by any governmental body or agency relating to the control, abatement or emission of air and water contaminants and the disposal of refuse, solid wastes or liquidwastes. LESSEE shali bear all costs and expenses arising from compliance with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold harmless LESSOR from all liability, in- cluding without limitation, fines, forfeitures, and penalties arising from the failure by LESSEE to comply with such ordinances, laws, rules or regulations. LESSOR has the right to perform cleanup and charge the LESSEE as Additional Rent for such costs should the LESSEE fail to comply. oe-��- [i'77 Controlline Lease. In the event ihere is any prior e�sting lease or rental agreement between LESSEE and LESSOR (or its predecessor in interest) covering the sabject property, it is agreed and understood that this I.ease shall cancel and teiminate any prior leases or rental agreements as of the effective date of this lease. [18] Destrucfion. In the event of damage to or destrucuon of the L.eased Premises or in the event the premises becomes untenantable or unfit for occupancy due to such damage during the term�of this I.ease, LESSOR may at its option: (A) terminate the lease upon fifteen (15) days' written notice to LESSEE; or (B) within fifteen (15) days agree to restore the premises within a reasonable time period foilowing the casualty, chazging the costs in excess of the insurance proceeds, if any, to the LESSEE as Additionat Rent; or (C) may direct that LESSEE prompfly restore the L.eased Premises to substantially the condition existing immediately prior to such damage or destrucUOn, and for that purpose, if such dam- age or destruction was caused by perils insured against the LESSOR shal] make available to LESSEE pro-rata as work progresses, the net proceeds of such insurance. If such proceeds are insufficient to pay the entire cost thereof, LESSEE agrees to pay as Additional Rent, a lump sum payment (or in a form agreed upon by the LESSOR) equai to the remainder of such cost. The Basic Rents to be paid during the restoration period shali be abated in proportion to the percentage of loss and impairment of the use of the I.eased Premises as deterniined by the LESSOR, times the number of days of loss or impairment. [19] Events of Defauit The occurrence of any of the following events during the term of this Lease shail constitute an event of default by the LESSEE: (A) the filing of a petition to have LESSEE adjudicated bankrupt or a peution for reorganization or arrangement under any laws of the United States relating to bankruptcy filed by LESSEE; (B) in the event a petition to have LESSEE adjudicated baukrupt is filed against LESSEE, the failure to dismiss such peution within niaety (90) days from the date of such filing; (C) the assets of LESSEE or of the business conducted by LESSEE on the I.eased Premises be assumed by any trustee or other person pursuant to any judiciai proceedings; (D) LESSEE makes any assignment for the benefit of creditors; (E) the fatlure by LESSEE to timely pay Basic Rent or Additional Rent as required by this Lease; (F) the failure by LESSEE to observe and perform any covenant, condition or agreement on its part to be observed or performed as required by this Lease; or (G) the failure by LESSEE or its surety to dischuge, satisfy or release any lien or lien statement filed or recorded against the Leased Premises within sixty days after the date of such filing or recording, whichever date is earlier. 0 0 - \ ��" It is an express covenant and agreement of LESSOR and LESSEE that LESSOR may, at its election, terminate this L.ease in the event of the occurrence of any of the events described in this paragraph or in paragraph (22) relaung to liens by giving not less than ten days' written notice to LESSEE; and when so terminated, LESSOR may reenter the Leased Premises. This I.ease and its I.eased Premises shall not be treated as an asset of LES3EE'S estate. It is further expressly understood and agreed that LESSOR shall be entifled upon such reentry, notwithstanding any other provision of this Lease, to exercise such rights and remedies as are provided in Pazaaraph (24) of this Lease. [20] Compliance with Laws. The property described herein may be used for only the purposes stated herein. It is the sole and exciusive responsibility of the LESSEE in the use of the property to comply with all laws, rules, regulations or ordinances imposed by any jurisdiction affecting the use to which the properry is proposed to be put. Inability or failure by the LESSEE to comply with any of said laws, rules, regulations or ordinances will not relieve the LESSEE of the obligation to pay the rental provided herein. [21] Non-Discrimination. The LESSEE for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that (A) no person, on the ground of race, sex, color creed, religion, age, disability marital status, status with respect to public assistance or national origin or ancestry shall be excluded from participating in, be denied the benefits of or be otherwise subjected to discrimination in the use of said facilities; (B) that in connection with the construcuon of any improvements on said lands and the furnishing of services thereon no discrimination shall be pracuced in the selection of em- ployees and contractors, by contractors in the selection and retention of first tier subcontract- ors, and by first-tier subconuactors in the selection and retention of second-tier subcon- tractors; (C) that such discrimination shall not be practiced against the public in its access in and use of the facilities and serv3ces provided for public accommodations (such as eating, sleeping, rest and recreation) consuucted or operated on the Leased Premises; and (D) that the LESSEE shall use the premises in compliance with ali other requirements imposed pursuant to the Saint Paul I.egislative Code Chapter 183. [22] Liens. The LESSEE shali not permit mechanic's liens or other liens to be filed or established or to remain against the I.eased Premises for labor, materials or services furnished in connec[ion with any additions, modifications, improvements, repairs, renewals or replacements made to the L.eased Premises, or for any other reason; provided that if the LESSEE shall first notify the LESSOR of its intention to do so and shall deposit in escrow with the LESSOR a sum of money or a bond or irrevocable letter of credit acceptable to the LESSOR equal to the amount of the claim of lien, LESSEE may in good faith contest any such claims or mechanic's or other liens filed or established and in such event may permit the items contested to remain undischarged and unsatisfied during the period of such contest. If, in the opinion of the LESSOR the nonpayment of any such items subjects the Leased Premises to any loss or forfeiture, the LESSOR may require the LESSEE to use the es- crow account to prompdy pay all such unpaid items and if LESSEE fails to pay from the escrow account, the LESSOR may pay and charge the LESSEE as Additional Rent. 7 ao -1�� [23j Eminent Domain. In the event the entire Leased Premises are taken by eminent domain, or such portion thereof is so taken that in LESSEE'S reasonable judgement it is uneconomic thereafter to restore the I.eased Premises and proceed under the terms and provisions of this Lease, LESSEE may terminate this Lease by glving to LESSOR thirty days' written notice of terminauon, effecrive as of ttie date on which the condemning authority acquires legal ufle or physical possession of the L,eased Premises. LFSSEE hereby waives and releases any ciaim to or share in the Awazd of Compensation for the taking, notwithstanding any other provision of law, this L,ease or any other agreement. LFSSEE may to the extent otherwise permitted in ihe eminent domain proceeding, remove its own trade fixtures at its own expense. [24] Default Remedies. In the event an Event of Default occurs under pazagraph (19) of this L.ease, LESSOR may exercise any one or more of the following remedies: (A) reenter and take possession of the Premises without termination of this L.ease and use its best efforts to ease the Premises to or enter into an agreement with another person for the account of LESSEE; . (B) terminate this lease, exclude LESSEE from possession of the Premises, and use its best efforts to lease the Premises to or enter into an agreement with another in accordance with applicable law; (C) exclude LESSEE from possession of the Premises, with or without terminating this Lease and operate the Premises itself; (D) terminate the I.ease, exclude LESSEE from possession of the Leased Premises, sell all or any part of the Premises at the best price obtainable (provided such sale is permitted by applic- able law,) such sale to be on such terms and conditions as the LESSOR, in its sole discretion, shall determine and apply the proceeds of such sale less any expenses ihereof for the account of the LESSEE. (E) exercise any remedies available to it under the Minnesota Uniform Commercial Code; (F) take whatever action at law or in equity may appear necessazy or appropriate to collect the Basic Rent and Additional Rent then due and thereafter to become due,�'or to enforce performance and observance of any obligation, agreement or covenant of the LESSEE under this Lease. (G) in exercising any of its remedies set forth in this Section, the LESSOR may, whether or not the I,ease is then in effect, hold the LESSEE liable for the difference between the payments and other costs for which the LESSEE is responsible under this Lzase. No remedy herein conferred upon or reserved to LESSOR is intended to be exclusive of any other available remedy or remedies, but each such remedy shall be cumulative and shall be in addiuon to every other remedy gaven under this Lease or now or thereafter existing at law or in equity by statute. No delay or omission to exercise any such right or power accruing upon any defauit shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the LESSOR to exercise any remedy reserved to it in this Provision, it shall not be necessary to give any nouce, other than such notice as may be herein expressiy required. 60 �-\,� \ar [25] Default of Paymen� LESSEE agrees that, should it default on any payment owing and due to be paid to LESSOR as provided in this agreement, including but not limited to Basic Rent and Additional Rent, then the remaining unpaid balance shall, at the option of the LESSOR, immediately become due. Said LESSEE further agrees that the LFSSOR may, at its option and without notice to LESSEE, enter judgment against LESSEE in Ramsey County District Court for the amount of the unpaid balance. And LESSEE does hereby confess judgment in the amount of the unpaid balance due upon default, and does authorize the LES50R to enter judgment as provided above. LFSSEE does hereby aa ee that the LESSOR, at its opuon, may enter a judgment, at any time within ane yeaz of the tnne the last payment shall have come due, for the full amount of the unpaid balance due pursuant to the confession of judgment provided herein. [26] Alterations. The LESSEE will not make any alterations to the premises without the written consent of the LESSOR, such consent not to be unreasonably withheld. If the LESSEE desires to make any such alterations, an accurate description shall first be submitted to and approved by the LESSOR and such alterations shall be done by the LESSEE at its own expense. All such work shall be performed under the LESSOR'S supervision and 'any improvements made to the L.eased Premises at the LESSEE'S expense shall become the property of the LESSOR at the end of the Lease period. LESSEE agrees that a11 alterations will be done in a workmanlike manner and in conformance with applicable building codes that the structural integrity and building systems of the building will not be impaired, and that no liens will attach To the premises by reason thereof. [27] Amended. Anything herein contained to the contrary not withstanding, this Lease may be teaninated, and the provisions of this Lease may be, in writing, amended by mutuai consent of the parties hereto. bc�—\�� IN 4VITNESS WHEREOF, the parties hereto have set their hands and seals the day and year in this Lease first above-written. LESSOR: Mayor City Clerk Director of Finance & Management Services Department Director City Attorney (Form Approval) LES5EE: Its Its Its 10 � -. _ EXH1�81T "A" to LEASE AGREEMEN;'f' PR%24 00 -w�a .: � � - - ` � ,V Iw 2643�Z_ � . : "'� . . rr . . . /Y• , - — . ,:>a�-E — . _' �W . _� . -.. -- - -=� - .. ^ . N . W - ^ . _ r , - - •. � . : ` .� • - �'.. . - . _ . �; �... t . . �� .. .' : ; . _ .: � - r.... .� � . . L � „ .,." "_.� ..." � • '— � '. .. ._. . . •� • � " � . 1 ' .. _ � • � � i . � . � . " � . � . . . . . ' . . '�' � • • . � J • ' • , � i ' ` � ` ' • ' . . . . . � ' . � • • � •• �� . . • _ � � i � � o . : . . �. � - �:. �+'� � . - � .. . � ...... . . _�, � � i - i Z .. _ _ . . . � � - • � .. ...._. _.� ____......_ e . . � �- ,� .. � �--. �. �. .. . - . �� . � , .� t': - . C= . , = . ' ' � . . : t � 1' � � � � �� , � � - . ' . � ' � z �� . �- ` � =� .. 4 �. � C: C �].. �-'' i � ' :• ' . L�. � ` � . . , L \ s �,� o � .i � 1 ,.:.. • L . p i :*M �d�.-',c„rj 1 01� �l� ,...... � ` � , -°' U �. . v �" . . �. _..:��_ �- r .. � a L AN. o� Retum copy to: Real Estate Division 140 Citp Eiall r��.�a� Refeaed To Committee: Council FYIe # �o -►at�- Green Sheet # t�x �Y a� WHEREAS, since January 1, 1985 the Humane Society of Ramsey County has, through L.ease Agreement PR/24, formerly CS/40, leased 9,�90 square feet of vacant land described as: � 9 10 11 12 13 14 15 Subject to Beulah Lane, ffie North 110 feet of the South 211.6 feet of the East 89 Reet of the West 627 feet of the Northwest i/a of the Northeast'/a in Section 27, Township 29, Range 23, to be used as parking space for customers and staff of the Humane Society; and WHEREAS, said Lease Agreement PRJ24 will expire on December 31, 2000; and WHEREA5, both parties to Lease Agreement PR/24 have agreed to continue the lease for an additional five years; NOW THEREFORE BE IT RESOLVED, that the proper City officials are hereby authorized and directed to execute Lease Agreement PRl24. Requ �ste by Department of: !�� /� �Q & Mana ement Services By: � Director `�� Form ed by City Attorney �� t By: Adoption Certified by Council Secretar ` By: '? Approved by Mayor for Submission to Council Approved by Mayor: Date �j_�1� f By: By: L �i�1�`� ✓ � i, � r � � r � t Y � L RESOLUTION CITY OF SAINT PAUL, MINNESOTA Adopted by Council: Date �.� . a�g�aaD � .M.S.IREAL ESTATE DIVISION Date: December 11, 200� reen S eet Number: 111$2$ ntadPerson�dPhoaeNmn6er: 2 Er.�xT�Nxnmc x 4 cirxcovxcn, 00 -��' � Dave Nelson � 266-8850 ,�, � 1 � �`'� DDGETDIItECTOR FFiCEOFETNANQA7.SVCS os[be on Counci7 Agenda by: 3 YOR <OR ASSISTAIV7) 5 FSTATE DIVISTON OTAL # OF SIGNAT[JRE PAGES 1�ciarara,LOCnTTOxsFOxsicxaTOxE> criox�QuES°rEn: To authorize execution of Lease Agreement PR/24, egtending the term for an additional five years, of tlie lease of 9,790 square feet of vacant land to the Humane 5ociety of Ramsey County to be used as a parl�ng lot for customers and staff. Reierence: 1. Resolution for consideration; 2. Sampie copy of Lease Agreement PR/24. nnons:errROVZ`n�oxae�ecrB> ERSONAL SERVICE CONTRACIS MUST ANSWER THE FOLLOWAVG: . Has the person/Srm ever woxked uoder a conlraM for this depai4nent? YES NO PLANMNGCOMA95SION A STAFf . AasthispersonlC�rmeverbeenaCityemployee? YES NO crvu, sacvice co�vss[ox . Does this person/firm possess a skill nM normally possessed by a� YES NO carrent City employee? cm co�rrrEe E lain atl YES answers on a se arate sLeet �il attach. UPPORTS WHICH COUNCIL OBJECTIVE? OUNCII, WARD(S) 5 . DLSTRICT PLANNING COUNCIL 10 NPf7ATINGPROBLEM, ISSiJE, OPPORT[JNITY(Whq What, When, Where, Why?): � .. Lease AgreementPR/24 eapired on December 31, 2000. ��'`�`�'� ��"�� ts;�. �; � � ��; v ��.;�s� VAN1'AGES IF APPROV�D: The Humane Sceiety of Ramsey County will have a parlang lot for its customers and staff. a�� 7SADVANTAGES IFAPPROVED: , � :' _ " � � �°� � � �r. _ None '�1rL: 1 i �'..�,;�, ISADVANTAGES IF NOT APPROVF,D: C 8 TY �TTO R� C i The Humane Sceiety of Ramsey County would lose its parking lot OTAL AMOUNT OF TRANSACTION: �1.00 COST/RtiVENUE BUDGETT;D (CIRCLE ONE) YES NO uvcsouxcE: N/A acTivrr3rN�Ea: N/A INANC7AL INFORMATION: (EXPLAI� (pr24) Revised 11/13/95 Authority (C.F_ or A.O.) LEASE NO. FINANCE DEPT. LEASE NO. PR124 DAT'E: 1Vovember 28. 2000 LESSOI2: CTTY OF 5AINT PAUL DEPARTMENT OF PARKS AI3D RECREATION LESSEE: FIUMANE 50CIETY OF RAMSEY COUNTY 1115 Beulah Lane Saint Paul. Minnesota 55108 together with any buildings, fixtures in such buildings, improvements and structures, if any, located thereon; � [I] Leased Premises. T2ie LBSSOR, in consideration of the payment of the Basic Rent and Additional Rent hereinafter specified to be paid by the LESSEE, and the covenants and agreements herein contained, does hereby lease, demise and let unto LESSEE the premises hereinafter refeired to as the "Izased Fremises a�hose address is: � � and which is legaliy described as: Subject to Beulah L�e, the North 110 feet of the South 271.6 feet of the East &9 feet of the West 627 feet of the Northwest'/a of the Northeast'/a of Section 27, Township 29 North, Range 23 West. -� _ r� [2] See Exhibit "A", plan or map of leased area which is incorporated herein by this reference. ar� -�a�a- CITY OF SAINT PAUL STANDARD LEASE AGREEMENT Term of Lease. This lease shall be in effect for a term commencing and ending on the dates indicated below, unless terminated eazlier by the LESSOR as provided herein. Term (MonThslYears) 5 Years Commencing Date January 1, 2001 Ending Aate December 31, 20�5 [3] Use ofPremises. The LESSEE shall use and occupy the L.eased Premises for the following purpose: Parking staff and visitors to the animal shelter and for no other purpose without the prior written consent of LESSOR. 6 0 -1��. [41 Rent. Rent shall consist of Basic Rent and such Additional Rent as may apply. LESSEE shall pay all rent in advance, on the £ust day of the term of the lease and on the first day of each payment period thereafter as indicated in the Payment Schedule below: (Aj Basic Rent Total Basic Rent During L.ease Term (Payment Period — Commencing Date —$ per Period) 5 Yeazs 7anuary 1, 2001 $1.00 $1.00 (1) (2) (3) (4) (B) Additional Renk Additional Rent means all amounts, other than Basic Rent provided for in paragraph (4A) above, that LESSEE shall be obligated to pay under this pazagraph or other provisions of this Lease. Additional Rent shall include, but is not limited to, the following fees, costs and expenses: ail utilities, including water, electric, gas, telephone, sewa�e and garbage collection and disposal; costs for the repairs improvements or alterations required to be made by the LES SEE in paragraph 11 of this Lease; all taxes on realty or personalty general or special; (4) all public rates, dues, charges and assessments, general or speciai, of any kind upon the Leased Premises; and property insurance premium and(or uninsured losses as set forth in paragraph (7) of thas Lease. In the eventthat LESSEE does not make such payments (or any payments requixed to be paid as Add'ational Rent), LESSOR may make the payments at its option, and the payments so paid become Additional Rent, and are due and payable by the LESSEE with the payment of Basic Rent next required after written notice of same to the LESSEE by LESSOR. LESSEE shall make all payments of Basic Rent and Additional Rent to LESSOR at the following address: Deuartment of Parks & Recreation - 300 City Hail Annex - St. Paul. MN 55102 [5] TaYes. LESSEE shall be responsible for and pay all taxes and assessments against the L,eased Premises, except that LESSEE may at its own expense contest and challenge the unposition ar amount of any such taY or assessment as prescribed by law; provided, however, that in the event this Lease is terminated by either party, LESSOR may at its option require the LESSEE to pay such contested ta�ces pending appeal, to place in escrow a sum sufficient to pay said taaces, or take other action that will remove said contested taYes as an encumbrance to tide or as an excepuon to the transferability of marketabie utle to the Leased Premises. ao —�, �� j6] Right of Entrv. At all times during the term of this lease, the LESSOR shall have the right, by itself, its agents and employees, to enter into and upon the L.eased Premises durina reasonable business hours or, in the event of an emergency, at any time for any legitimate purpose. [7] Insurance. (A) LESSOR'S Insurance. The LESSOR shall acquire and keep in effect during the term of this agreement the following coverages: (1) FIREANDALLRISKINSURANCB,ontheLeasedPremiseswithlimitsofnotless than N/A sha11 be purchased by the LESSOR; the LESSEE shall pay, as Additional Rent, the premium for said insurance and, in the event of a claim any deductibie. Said insurance shall name the City of Saint Paul as the insured. With respect to any loss of the LESSOR'5 property not covered by insurance, it shall be the responsibility of the L•ESSEE, within a reasonabie time, to pay all costs to repair or replace the damaged property with like kind, such reasonable time to be determined by the LESSOR. LESSEE shall be responsible for insurance of its own property. (B) LESSEE'S Insurance. The LESSEE shall acquire during the term of this lease the following coverage: (1) The LESSEE shall be responsible for the self insurance of, or the acquisition of Commercial Property Insurance on, its personal property. (2) COMMERCIAL GENERAL LIABILITY INSURANCE including blanket contractual liability coverage, personal injury liability coverage and broad form property damage liabality endorsement with a combined single limit of not less than $750,000 per occurrence shall be purchased by the LESSEE. Such insurance shall: (a) name the City of 5aint Paul as additional insured; (b) be primary with respect to LESSOR'S insurance or self-insurance; (c) not exclude explosion, collapse and underground property damage; (d) be written on an"Occunence" Form policy basis; and (e) not contain an"aggregate" policylimit unless specifically approved in writing by LESSOR. (3) AUTOMOBILE LIABILITY INSURANCE with minimum limits of $750,000 combined singie limit and $1,000,000 aggregate, covering hired, non-owned and owned automobiles. (4) W ORKERS' COMPENSATION INSURANCE with not less than statutory minimum limits; and EMPLOYERS' LIABILTTY INSURANCE with minimum limits of at least $1OQ000 per accident and with an all states endorsement. : (5) The LESSEE shall supply to LESSOR current insurance certificates for policies required in Paragraph (7). The said certificates shall certify whether or not the agent has errors and omissions insurance coverage. o� -�a��a- (6) The limits cited under each insurance requirement above establish minunums; and it is the sole responsibility of the LESSEE to purchase and maintain additional insurance that may be necessary in relation to this lease. (7) Nothing ln this conuact shall constltute a waiver by the LESSOR of any statutory limits or excepuons on liability. (8) LESSEE shali place the insurance with responsible insurance companies authorized and licensed to do business in the State of Minnesota and approved byLESSOR, and shall deliver copies of the policies to LESSOR on the date of LESSEE'S execution of this agreement. The policies required in pazagraph (7) shall be endorsed to indicate that the insurer cannot cancei or change the insurance without first giving the LESSOR 30 days' written notice. (C) W aiver of Subro atg ion. LESSOR•waives its right of subrogation for damageto the Building, contents therein, loss of use thereof, and/or loss of income, up to the amount of insurance proceeds collected. LESSEE waives its right of subrogation for damage to property in the Leased Premises, loss of use thereof, loss of income and/or accounts receivable, up to the amount of their respective insurance proceeds collected. The parties shail notiPy their respective insurance companies, in writing, of the provisions of this paragraph; and, if either cannot waive its subrogation rights, such party shall immediately notify the other party; in writing. [8] Canceilation or Termination. This lease shall be subject to cancellation and termination by LESSOR at any time during the term hereof by giving the LESSEE notice in writing at ninety (90) days, (thirty (30) days for leases with a term of one (1) year or less or any month-to-month tenancies) prior to the date when such termination shall become effective. In ihe event of such termination, and on the effective date of such termination, LESSOR shall return any unearned rental paid by the LESSEE without interest. ' [9] Notice. All notices herein provided to be given, or that may be given by either party to the other, shall be deemed to have been fully given when served personaliy on LESSOR or LESSEE, or when made in writing and deposited in the United States Mail, certified and postage prepaid, and addressed to the LE5SEE at the address stated on page (1) and to the LESSOR at the Real Bstate Division,140 City Haii, Saint Paul, Minnesota 55102. The address to which the notice shall be mailed may be changed by written notice given by either pazty to the other. Nothing herein shall preclude the giving of such address change notice by personal service. [10] Assi;nment and Sublettin2. LESSEE shall not assign or sublet this I.ease without the written consent of the LESSOR which consent must be obtained prior to the execution of any agreement to sublease the L.eased Premises. � 00 �\i\�- [ll] Maintenance and Re�airs. LESSEE shall, at its own cost and expense, be responsible for all repairs, maintenance and upkeep of the L.eased Premises, including but not limited to emergency repairs of any kind; routine maintenance and repair to keep the Leased Premises in good repair, safe and in compliance with applicable fire, health, building and other life-safety codes; and all repairs and maintenance needed to keep the buildings or structures on the Lzased Premises in good con- diuon, including (a) the exterior (including windows and doors) and interior structure of the buildings or structures, (b) the roof or roofs, (c) the heating, ventilating and air conditionin� systems therein, (d) all electrical plumbing, lighting, mechanicai systems fire suppression equipment, i.e: fire sprinkler system; and (e) all grounds, fences and roads within the Leased Premises. The foregoing obligations shall bind the LFSSEE regardless of the cause of the damage or condition necessitating the repair or maintenance. [12] Pavments in Case of Default� LESSEE shall pay LESSOR all costs and expenses, including reasonable attorney's fees in any action brought by LESSOR to recover any rent due and unpaid hereunder, or for the breach or default ofany of the covenants or agreements contained in this L.ease, or to recover possession of said property, whether such action progresses to judgment or not. [13] Surrender of Premises. The LESSEE, at ihe expiration of said term, or any sooner termination of this lease, shall quit peacefully and surrender possession of said propeny and its appurtenances to LESSOR in as good order and condiuon as the property was delivered to the LESSEE. [14] Indemnitv. The LESSEE agrees to indemnify, defend, save and hold hannless the City of Saint Paul and any agents, officers and employees thereof from all claims, demands, actions or causes of action of whatsoever nature or character, arising out of or by reason of the Lease of ihe herein described L,eased Premises by the LESSOR to the LESSEE, or the use or condition of the Leased Premises or as a result of the operations or business acuviUes taking place on the I,eased Premises. It is fuliy understood and agreed that LESSEE is aware of the conditions of the L.eased Premises and leases the same "as is." � [15] Holdover. Any holdover after the expiration of the term of this I.ease shall be aliowed only after receiving the written consent of the LESSOR. Said tenancy shall be deemed to be a tenancy only from month-to-month. A11 other terms and conditions of this Lease shall be applicable. [16] Pollution and Contaminants. LESSEE agrees to comply with all ordinances, laws, rules and regulations enacted by any governmental body or agency relating to the control, abatement or emission of air and water contaminants and the disposal of refuse, solid wastes or liquidwastes. LESSEE shali bear all costs and expenses arising from compliance with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold harmless LESSOR from all liability, in- cluding without limitation, fines, forfeitures, and penalties arising from the failure by LESSEE to comply with such ordinances, laws, rules or regulations. LESSOR has the right to perform cleanup and charge the LESSEE as Additional Rent for such costs should the LESSEE fail to comply. oe-��- [i'77 Controlline Lease. In the event ihere is any prior e�sting lease or rental agreement between LESSEE and LESSOR (or its predecessor in interest) covering the sabject property, it is agreed and understood that this I.ease shall cancel and teiminate any prior leases or rental agreements as of the effective date of this lease. [18] Destrucfion. In the event of damage to or destrucuon of the L.eased Premises or in the event the premises becomes untenantable or unfit for occupancy due to such damage during the term�of this I.ease, LESSOR may at its option: (A) terminate the lease upon fifteen (15) days' written notice to LESSEE; or (B) within fifteen (15) days agree to restore the premises within a reasonable time period foilowing the casualty, chazging the costs in excess of the insurance proceeds, if any, to the LESSEE as Additionat Rent; or (C) may direct that LESSEE prompfly restore the L.eased Premises to substantially the condition existing immediately prior to such damage or destrucUOn, and for that purpose, if such dam- age or destruction was caused by perils insured against the LESSOR shal] make available to LESSEE pro-rata as work progresses, the net proceeds of such insurance. If such proceeds are insufficient to pay the entire cost thereof, LESSEE agrees to pay as Additional Rent, a lump sum payment (or in a form agreed upon by the LESSOR) equai to the remainder of such cost. The Basic Rents to be paid during the restoration period shali be abated in proportion to the percentage of loss and impairment of the use of the I.eased Premises as deterniined by the LESSOR, times the number of days of loss or impairment. [19] Events of Defauit The occurrence of any of the following events during the term of this Lease shail constitute an event of default by the LESSEE: (A) the filing of a petition to have LESSEE adjudicated bankrupt or a peution for reorganization or arrangement under any laws of the United States relating to bankruptcy filed by LESSEE; (B) in the event a petition to have LESSEE adjudicated baukrupt is filed against LESSEE, the failure to dismiss such peution within niaety (90) days from the date of such filing; (C) the assets of LESSEE or of the business conducted by LESSEE on the I.eased Premises be assumed by any trustee or other person pursuant to any judiciai proceedings; (D) LESSEE makes any assignment for the benefit of creditors; (E) the fatlure by LESSEE to timely pay Basic Rent or Additional Rent as required by this Lease; (F) the failure by LESSEE to observe and perform any covenant, condition or agreement on its part to be observed or performed as required by this Lease; or (G) the failure by LESSEE or its surety to dischuge, satisfy or release any lien or lien statement filed or recorded against the Leased Premises within sixty days after the date of such filing or recording, whichever date is earlier. 0 0 - \ ��" It is an express covenant and agreement of LESSOR and LESSEE that LESSOR may, at its election, terminate this L.ease in the event of the occurrence of any of the events described in this paragraph or in paragraph (22) relaung to liens by giving not less than ten days' written notice to LESSEE; and when so terminated, LESSOR may reenter the Leased Premises. This I.ease and its I.eased Premises shall not be treated as an asset of LES3EE'S estate. It is further expressly understood and agreed that LESSOR shall be entifled upon such reentry, notwithstanding any other provision of this Lease, to exercise such rights and remedies as are provided in Pazaaraph (24) of this Lease. [20] Compliance with Laws. The property described herein may be used for only the purposes stated herein. It is the sole and exciusive responsibility of the LESSEE in the use of the property to comply with all laws, rules, regulations or ordinances imposed by any jurisdiction affecting the use to which the properry is proposed to be put. Inability or failure by the LESSEE to comply with any of said laws, rules, regulations or ordinances will not relieve the LESSEE of the obligation to pay the rental provided herein. [21] Non-Discrimination. The LESSEE for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that (A) no person, on the ground of race, sex, color creed, religion, age, disability marital status, status with respect to public assistance or national origin or ancestry shall be excluded from participating in, be denied the benefits of or be otherwise subjected to discrimination in the use of said facilities; (B) that in connection with the construcuon of any improvements on said lands and the furnishing of services thereon no discrimination shall be pracuced in the selection of em- ployees and contractors, by contractors in the selection and retention of first tier subcontract- ors, and by first-tier subconuactors in the selection and retention of second-tier subcon- tractors; (C) that such discrimination shall not be practiced against the public in its access in and use of the facilities and serv3ces provided for public accommodations (such as eating, sleeping, rest and recreation) consuucted or operated on the Leased Premises; and (D) that the LESSEE shall use the premises in compliance with ali other requirements imposed pursuant to the Saint Paul I.egislative Code Chapter 183. [22] Liens. The LESSEE shali not permit mechanic's liens or other liens to be filed or established or to remain against the I.eased Premises for labor, materials or services furnished in connec[ion with any additions, modifications, improvements, repairs, renewals or replacements made to the L.eased Premises, or for any other reason; provided that if the LESSEE shall first notify the LESSOR of its intention to do so and shall deposit in escrow with the LESSOR a sum of money or a bond or irrevocable letter of credit acceptable to the LESSOR equal to the amount of the claim of lien, LESSEE may in good faith contest any such claims or mechanic's or other liens filed or established and in such event may permit the items contested to remain undischarged and unsatisfied during the period of such contest. If, in the opinion of the LESSOR the nonpayment of any such items subjects the Leased Premises to any loss or forfeiture, the LESSOR may require the LESSEE to use the es- crow account to prompdy pay all such unpaid items and if LESSEE fails to pay from the escrow account, the LESSOR may pay and charge the LESSEE as Additional Rent. 7 ao -1�� [23j Eminent Domain. In the event the entire Leased Premises are taken by eminent domain, or such portion thereof is so taken that in LESSEE'S reasonable judgement it is uneconomic thereafter to restore the I.eased Premises and proceed under the terms and provisions of this Lease, LESSEE may terminate this Lease by glving to LESSOR thirty days' written notice of terminauon, effecrive as of ttie date on which the condemning authority acquires legal ufle or physical possession of the L,eased Premises. LFSSEE hereby waives and releases any ciaim to or share in the Awazd of Compensation for the taking, notwithstanding any other provision of law, this L,ease or any other agreement. LFSSEE may to the extent otherwise permitted in ihe eminent domain proceeding, remove its own trade fixtures at its own expense. [24] Default Remedies. In the event an Event of Default occurs under pazagraph (19) of this L.ease, LESSOR may exercise any one or more of the following remedies: (A) reenter and take possession of the Premises without termination of this L.ease and use its best efforts to ease the Premises to or enter into an agreement with another person for the account of LESSEE; . (B) terminate this lease, exclude LESSEE from possession of the Premises, and use its best efforts to lease the Premises to or enter into an agreement with another in accordance with applicable law; (C) exclude LESSEE from possession of the Premises, with or without terminating this Lease and operate the Premises itself; (D) terminate the I.ease, exclude LESSEE from possession of the Leased Premises, sell all or any part of the Premises at the best price obtainable (provided such sale is permitted by applic- able law,) such sale to be on such terms and conditions as the LESSOR, in its sole discretion, shall determine and apply the proceeds of such sale less any expenses ihereof for the account of the LESSEE. (E) exercise any remedies available to it under the Minnesota Uniform Commercial Code; (F) take whatever action at law or in equity may appear necessazy or appropriate to collect the Basic Rent and Additional Rent then due and thereafter to become due,�'or to enforce performance and observance of any obligation, agreement or covenant of the LESSEE under this Lease. (G) in exercising any of its remedies set forth in this Section, the LESSOR may, whether or not the I,ease is then in effect, hold the LESSEE liable for the difference between the payments and other costs for which the LESSEE is responsible under this Lzase. No remedy herein conferred upon or reserved to LESSOR is intended to be exclusive of any other available remedy or remedies, but each such remedy shall be cumulative and shall be in addiuon to every other remedy gaven under this Lease or now or thereafter existing at law or in equity by statute. No delay or omission to exercise any such right or power accruing upon any defauit shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the LESSOR to exercise any remedy reserved to it in this Provision, it shall not be necessary to give any nouce, other than such notice as may be herein expressiy required. 60 �-\,� \ar [25] Default of Paymen� LESSEE agrees that, should it default on any payment owing and due to be paid to LESSOR as provided in this agreement, including but not limited to Basic Rent and Additional Rent, then the remaining unpaid balance shall, at the option of the LESSOR, immediately become due. Said LESSEE further agrees that the LFSSOR may, at its option and without notice to LESSEE, enter judgment against LESSEE in Ramsey County District Court for the amount of the unpaid balance. And LESSEE does hereby confess judgment in the amount of the unpaid balance due upon default, and does authorize the LES50R to enter judgment as provided above. LFSSEE does hereby aa ee that the LESSOR, at its opuon, may enter a judgment, at any time within ane yeaz of the tnne the last payment shall have come due, for the full amount of the unpaid balance due pursuant to the confession of judgment provided herein. [26] Alterations. The LESSEE will not make any alterations to the premises without the written consent of the LESSOR, such consent not to be unreasonably withheld. If the LESSEE desires to make any such alterations, an accurate description shall first be submitted to and approved by the LESSOR and such alterations shall be done by the LESSEE at its own expense. All such work shall be performed under the LESSOR'S supervision and 'any improvements made to the L.eased Premises at the LESSEE'S expense shall become the property of the LESSOR at the end of the Lease period. LESSEE agrees that a11 alterations will be done in a workmanlike manner and in conformance with applicable building codes that the structural integrity and building systems of the building will not be impaired, and that no liens will attach To the premises by reason thereof. [27] Amended. Anything herein contained to the contrary not withstanding, this Lease may be teaninated, and the provisions of this Lease may be, in writing, amended by mutuai consent of the parties hereto. bc�—\�� IN 4VITNESS WHEREOF, the parties hereto have set their hands and seals the day and year in this Lease first above-written. LESSOR: Mayor City Clerk Director of Finance & Management Services Department Director City Attorney (Form Approval) LES5EE: Its Its Its 10 � -. _ EXH1�81T "A" to LEASE AGREEMEN;'f' PR%24 00 -w�a .: � � - - ` � ,V Iw 2643�Z_ � . : "'� . . rr . . . /Y• , - — . ,:>a�-E — . _' �W . _� . -.. -- - -=� - .. ^ . N . W - ^ . _ r , - - •. � . : ` .� • - �'.. . - . _ . �; �... t . . �� .. .' : ; . _ .: � - r.... .� � . . L � „ .,." "_.� ..." � • '— � '. .. ._. . . •� • � " � . 1 ' .. _ � • � � i . � . � . " � . � . . . . . ' . . '�' � • • . � J • ' • , � i ' ` � ` ' • ' . . . . . � ' . � • • � •• �� . . • _ � � i � � o . : . . �. � - �:. �+'� � . - � .. . � ...... . . _�, � � i - i Z .. _ _ . . . � � - • � .. ...._. _.� ____......_ e . . � �- ,� .. � �--. �. �. .. . - . �� . � , .� t': - . C= . , = . ' ' � . . : t � 1' � � � � �� , � � - . ' . � ' � z �� . �- ` � =� .. 4 �. � C: C �].. �-'' i � ' :• ' . L�. � ` � . . , L \ s �,� o � .i � 1 ,.:.. • L . p i :*M �d�.-',c„rj 1 01� �l� ,...... � ` � , -°' U �. . v �" . . �. _..:��_ �- r .. � a L AN. o�