278636 WHITE - CITY CLERK �y A/�
PINK - FINANCE �QC-ji�
CANARY - DEPARTMENT TY O F SA I N T �A U L F le ci1N 0. i� vV JV
BLUE - MAYOR .
u il Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, That the proper city officials are hereby authorized
and directed to execute a lease agreement for the rental of the
Mangini 's Restaurant site in the City Hall Annex to David Kim:_
for the �'�err� of 51 months , subject to the terms and conditions
of said lease, a copy of �ahich is to be kept on file and of
record in the Department of Finance and Management Services.
COU[VCILME[V Requestgd by Department of:
Yeas Nays
Hunt Finan d Mana ement S vices
levine [n Favor
Maddox
� � __ Against BY
�ed�wa-
wi�son
Adopted by Council: Date
MAY 4 1981 Fo� pprove by o�
c
Certified _ by C un � S r ` B
A roved b Ma or for Submission to Co/cil
Appr y avor. t — `� .'7 �g� PP Y Y
....
B - - — '-�` BY
ri1BLISHE'� MAY � 1982
- . , .� . . .• � � 2`�863�
ii -
,-
RE�E I���
APR 11982
�
March 3�, �98,� Proper�y Management
Mr. Miles McGinley
205 City Hall
15 W. Kelloga Blvd.
St. Paul, MN 55102
Dear Miles:
I have enclosed two signed leases for David Kimm. Please
have someone from the City sign and return one fully exe-
cuted copy to me for Mr. Kimm. Keep the other one for your
records. What we offered was basically the same rent on the
area in the Griffen Building for 4 years along with one 5
year renewal option with cost of living increases not to
exceed $10.00 per square foot.
Based on the fact that this space cannot be annexed without
major renovation and that Mr. Kimm has always been current
on the rent, I recommend that we go ahead with it.
Sin erely,
0
� �
Larry Ch�ZZilier
LC/dsm
Enclosure
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LEASE AGREEMENT
THIS LEASE, made and entered into this 20th day of
February, 1982, by �nd ?:etween the CITY OF SAINT PAUL, a muni-
cipal corporation of the State of Min-�es�ta, hereinafter
referred to as "Lessor", and KI-YONG KIM, hereinafter referred •
to as "Lessee".
I.
,
LEASED PREMISES - TERM
Lessor does hereby lease, demise and let unto Lessee and
• Lessee does hereby hire and lease from Lessor t�e portion of
the building located in the City of Saint Paul, County of
Ramsey, State of Minnesota, formerly known as the Lowry Aiedical
Arts Annex and now known as the City Hall Annex, consistin� of
1200 square feet, and identified on the attached plan which is
marked Exhibit A, to have and to hold the same for a term,
hereinafter called "origi.nal terin" commencing on the lst day of
March, 1982, and ending on the 30th day of June 1986, unless
sooner terminated as hereinafter provided, subject to all the
terms, covenants and conditions set forth hereiz� and subject
to Lessee's right and option to extend said term as hereinafter
� provided.
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_ ...._..__ _ , ,. .._.____., . , _ __._. . ___ --.
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II.
RENEWAL
At the expiration of the original term, this lease may be
renewed at the option of the Lessee for one additional extended
term of five � years. Any extension of this lease as provided
above shall be upon and subject to all of the ter�ns, �ovenants
and conditions of the lease during the original term except as
hereinafter modified and provided that:
A. Lessee must give Lessor written notice at least sixty
(60) days prior to the expiration of said original term of
Lessee's desire to renew and extend this lease for an
extended term; and
B. Lessee must not be in default at the time notice
; is given or at the commencement of any extended term.
. III.
RENTALS
Lessee hereby covenants and agrees to pay rent to Lessor
beginning on the commencement date of this lease at Lessor 's
office of the Department of Finance and Management Services in
the City of Saint Paul, Minnesota, or at such other place as
Lessor maI- from time to time' designate in writing, annual rent
at the rate of $3.00 per square foot for the initial term of
the lease, or the monthly sum of $�00.00. Rent-for extended
term of the lease shall Y�e increased equal to the increases
2.
������
in cost of living index and shall be an amount negotiated and
agreed upon between the parties at the time Lessee exercises
each option brt in no event shall exceed the sum of $10.00 per
square foot. In the event Lessee i.s required to pay real estate
taxes on the premises leased herPin, annual rent paid to Lessor .
shal). be reduced by the amount of such real estate taxes.
IV.
USE OF PREMISES
Lessee may use the demised premises for a food restaurant
only in conjunction with the use of the remaining portions of
the restaurant and kitchen operated by the Griffin Company. Any
proposed change in use from that of a food restaurant shall
first be approved in writing by the Mayor of the City of Saint
Paul. .
V. -
ORDINANCES
Lessee agr.ees not to use or suffer to permit the demised
premises or any part thereof ta be used for any purpose of use
other than herein provided, �r iz violation of any laws, zoning
ordinances or other ordinances, or of the regulation of any
governinental authority, or in any manner that will constitute
a legal nuisance or in any manner that will violate, suspend,
3.
void or make inoperative any policy or policies of insurance of
any kind whatsoever at any time carried on the demised premises.
VI.
INDEMNITY AND LIABILITY INSURANCE
Lessor s�+all not be liable to Lessee or to any other person
or persons for or on account of any injury, death or damage
occasioned in, on or about the demised premises to persons or
property of any nature or sort whatsoever, or wheresoever arising,
or for or on account of any death or any injury to persons or
property that may result be reason of any future lack of repair
of said premises, or improvements thereon, �r the wiring, equip-
ment, f�irnishinas, fixtures or apparatus therein or thereof, or
by or from plumbing, gas, water, steam or other pipes or sewage,
or by or from th? us�, misuse, �r nonuse of said premises or
improvements thereon or any part thereof, or any equipment,
furnishings or fixtures therein, or apparatus thereof by any
person lawfully or unlawfully upon said premises, or by or from
any act, omission or neglect of any such person, or by or from
the acts of tenants of adjoining or contiguous property, or in
any manner whatsoever growing out of the future condition or
use of the demised premises, or impr�vements, or any part thereof.
Lessee covenants and agrees to indemnify and hold Lessor harmless
from and on account of any and all loss, damage, claim of damage,
liability, expense, costs and counsel fees arising out of or
4 .
-- _ _ _ . _ _ _ __ _ _
�����
resulting fromor incurred in connection with the matters or
things hereinbefore sFecified, and from and against any and all
damage or liability arising from any accident or any occurrence
causing injury or death to any person or property whatsoever, or
whatsoever and directly due or indirectly due to the use, misuse
or nonuse by Lessee or any of its agents, contractors, servants,
employees or licensees or the condition of the demised premises
or an,� part thereof, or any appurtenances or equipment thereof
or therein, or arising out of any failure of Lessee in any
respect to comPly with any of the requirements or provisions of
this lease.
Lessee shall at Lessee' s sole cost and expense but for the
mutual benefit of Lessor and Lessee maintain reasonable and
adequate general public liability insurance against c1�imG for
personal inj�.zry, death or property damage occurring in, upon or
about the demised premises and on, in or about the streets,
sidewalks and passageways on and adjoining the demised premises.
The minimum limits of liability for such insurance shall be
$100, 000 for injury or death to any one person and $300 ,000 with
respectto injury or death to more than one person, and $3�0, 000
with respect to damage to property. Lessee agrees to furnish
Lessor with certificates evidencing such insurance written in
companies acceptable to Lessor and including Lessor as a named
5.
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insured on the policy. All such certificates shall provide that
the insurance evidenced thereby will not be cancelled by the
insuror except on ten (10) days ' prior written notice to Lessor.
VII.
TAXES
The Lessee agrees to pay or cause to be paid before penalty
attaches, all taxes, excise taxes, assessments, fees, and other
charges of whatsoever nature levied, assessed or imposed by
federal, state or local authorities on the demised premises or
the ownership thereof or the rents received thereform which are
due and payable during the original term and all extended terms,
if ary. If at any time any such taxes, assessments, fees and
other charges due and payable during the original term and all
extended terms, if any, shall be levied by the State of Minnesota
or any political subdivision thereof against the Lessor with
respect to its interest in the demised premises, or rentals pay-
able by the Lessee hereunder, the Lessee agrees to pay or cause
to be paid when due �ny and all such taxes, assessments, fees
and other charges.
VIII.
INSURANCE
During the original term and all extended terms, if any,
Lessee shall keep the demised premises insured against all risks
6 .
except flood and against war damage when available for the full
replacement value in a company or companies to be approved by
Lessor with loss payable to Lessor and Lessee as their respective
interest may appear. Lessee shall pay promptly when due all
premiums on such insurance. The original policy shall be
delivered t.o and kept and retained by Lessor as additional
security for the covenants of Lessee herein, and before the
expiration of any such policy of insurance Lessee shall deposit
with Lessor a new policy to replace the policies so expiring
or a r�_der renewing the same.
IX.
REPAIRS AND MAINTENANCE
Lessee shall at all times and at its own expense keep the
demised premises and all improvements thereon in good order,
repair and condition, shall make all necessary repairs and
replacements to the demised premises whether s�ructural or
otherwise and whether ordinary or extraordinary, and further
shall repair all damage done to the demised premises from what-
ever source or cause so as to keep the demised premises in good
and tenantahle condition. Lessee sha ll at its sole cost and
expense maintain the improvements on the demised premises
existing on the commencement date of this lease and make such
additional imprcvements aG may become reasonably necessary to
Lessee ' s use of the demised premises. Lessee shall not at any
7 .
� � � � � � � �`78636
time permit any security interest or any mechanics, laborers or
materialmen' s liens to stand ag�inst the demised premises.
Deposit with Lessor or with any court of competent jurisdiction
of sufficient security to cover such liens shall be deemed com-
pliance with this paragraph. Lessor shall not be required to
make any expenditures whatsoever in connection with this lease
or to make any repairs or to maintain the demised premises in
any way during the original term and all extended terms, i� any.
It is expressly understood and agreed that except as provided
herein, this lease is a "net lease" intended to insure Lessor
the rent on an absolute net basis .
X.
DESTRUCTION
In the event of damage to or destruction of the demised
premises or any part thereof during the original term or exten-
sions, if any, Lessee shall promptly restore the demised premises
to substantially the con�3ition existing immediately prior to such
damage or destruction and for that purpose if such damage or
destruction was caused by perils insured against, Lessor shall
make available to Lessee pro rata as work progresses the net
proceeds of such insurance. If such proceeds ar.e insufficient
to pay the entire cost thereof, Lessee agrees to pay the
remaind.er of such cost. There shall be no abatement of the
rents becoming due and payable hereunder during the period of
8 .
restoration.
XI.
UTILITIES
Lessee agrees to pay for all utilities and other services
used in, on or about the demised premises during the original
term and all extended terms, if any, including but not be3.ng
limited to electricity, water, sewer, gas, telephone, lighting,
garbage and refuse removal.
XIIo
ASSIGNMENT AND SUBLETTING
This lease shall not be assigned, nor shall the de?rised
, premises or any part thereof be sublet, used or occupied by
any other person, corporation, partnership or other organization
without Lessee first obtaining the written consent of Lessor
thereto expressed in an Administrative Order issued by the
Mayor; provided that such consent shall not be unreasonably
withheld by Lessor. All of the provisions of this lease shall
be bind�ng upon every assigr�ee, sublessee, user or occupant of
said preinises or any part thereof with or without the consent
of Lessor, and Lessee hereby guarantees the performance of all
provisions of this lease by any assignee, sublessee or occupant;
but nothing in the paragraph contained shall be interpreted
or construed as a waiver by Lessor of the restrictions set
forth in the f�.rst sentence of this paragraph. Any assignment
9. _
or subletting by the Lessee of this lease or of the leasehold
interest of Lessee hereunder shall be made subject to all the
rights of the Lessor expressed in the lease and shall be made
without prejudice to or impairment of any of Lessor ' s rights
as expressed in this lease or otherwise.
XIII .
ACCESS
The Lessor or its nominee or no�inees sha?.1 at all times
during usual business hours have the right to enter upon said
demised premises to inspect the same, to make reasonable and
necessary repairs thereon for the protection and preservation
thereof, to make reasonable ar.d necessary repairs to any im-
provements in, on, or about the demised premises and to cure
any defaults of the Lessee hereunder, but nothing herein shall
be construed to require the Lessor to make such repairs or to
cure such defaults. Lessor or its nominee or nominees shall
have the right to enter upon the demised premises at any time
within the last t�.ao years of the original term or any extended
term for the purpose of showing the same to prospective tenants
thereof.
XIV.
SURRENDER OF PREMISES
Lessee shall upon the expiration or earlier termination of
this 1?ase surrender to Lessor the demised premises including
10.
-- _ _ _ _ _ _
. . . . . 2��s�s
without limitation the building, improvements and fixtures
except Lessee' s movable trade fixtures and furniture and equip-
ment then upon the demised premises, in good condition and repair,
reasonable wear and tear excepted; and all alterations, improve-
ments or other additions which may be made or i.nstalled by or at
the instance of either party hereto or by any assignee or sub-
lessee of the Lessee hereunder to, in, upon or about the demisPd
premises, except Lessee' s movable trade fixtures, furniture and
equipment, shall be the property of the Lessor, and upon any
such expiration or termination shall be surrendered to Lessor
by Lessee without any injury, damage or disturbance thereto
or payment therefor.
In the event that Lessee shall hold the demised premises
after the expiration or termination of this lease with the
consent of Lessor, expressed or implied, but without renewal
as provided in this agreement, such holding over shall in the
absence of a written agreement on the subject, be deemed to
have created a month-to-month tenancy terminabl� on thirty (30)
days' notice by either party to the other at a monthly rental
equal to that hereinbefore p.rovided, and otherwise subject to
all of the terms and provisions of this lease.
IN WITNESS WHEREOF, the parties hereto have caused thesP
presents to be executed as of the day and year first above
written.
11.
� �����s
CITY OF SAINT PAUL
BY:
MAYOR
BY:
DIRECTOR, DEPARTMENT OF
FINANCE & MANAGEMENT SERVICES
FORM APPROVED:
c �
Assistant C� ty A torney ,
_ � . ,
�����
KI-YONG KIM
�
By,'� • .
,
STATE OF MINNESOTA)
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledted before me this
ti---
��— day of � , 19 8 2_- by �� -�.--°1 k��.--
.
an individual. - _
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� Notary blic
My commission expi�es ���`{� �`
��'�""� AMY KOLKJcN ;
�1� 3',� �+OTARY pUBLtC-MINNESOTA Z
��.� HENNEpiN COUNTY
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; �1 Rlt 12/1975
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� ,�XPt�AAIATIQN .t� AC�I�N�SfRATIVE ORC�RS�
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�t�S�L!!�0[�S. AND 4R�J�NANC�S' - _ ' � �
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.Da�tet ARriI 1, 1982
: �w� : ' �AFR— 2'�2
CIP� 0� THE 4��tECT0�2 �
: TOr MRlft�t GEi1R�+E LATII!�R t�'1�RTM�N�fl� F�ntA►vC�
t�('!'t?
� ��AR�EM�NT •
FR� ° blil+es MaGi�3ey�7^ �`
� RE= ���1 of 'Ie,ase �o� Ma�ngini's Restauzante ` ,� '
Ac�tc�a:��a:-
�nP��.�� �t ,z��
APProval of Counc�:l Resolution R`'.
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tl� RAT NA E FOR T IS AC7IONs ' : `�
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Continuation nt ccufmiercially lez�ssd eiaace on �.st Fldor of E3:ty Hs�.l Aa.���t .
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�t�d apace cn lst #�loor of City �Ia7.1 Annex.��1���: aov�tx i.ncreases �.n rent
tc� cit�'d�partments. ; : .
,A�i4�'�NTS t ' _
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. Ca�► of `l�ase : ; _
Copy o� ;7.bwle.letter dated 3�31j82 >
Cotu�cil Resalu�ion : ` ` �:
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