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00-592council File # �p� S9 �.. Green Sheet # �O\O'..� L � Presented By Referred to Committee: Date 1 2 3 4 5 6 7 8 9 lo li WIiEREAS, the City of Saint Paul has entered into a lease agreement with the State of Minnesota, Department of Administration, acting for the benefit of the Higher Education Services Office, Get Ready Program for space in the Baker Community Center, which e�cpires June 30, 2000; and WHEREAS, parties to the Lease Agreement wish to extend the term of the lease for an additional three year period to the same terms and conditions as the original Agreement, except for those changes set forth in the attached Amendment of Lzase; now, therefore be it RESOLVED, that the Division of Parks and Recreation is authorized to enter into the attached Amendment to the Lease Agreement with the State of Minnesota, Department of Administration for the lease of space in the Baker Community Center. Requested by: Divisit6n of Parks and V °Y • (C- Adopted by Council: Date �_.__ _�\ �a ppZ� ° Adoption Certified by Council Secretary $Y �l \ _ a- i'—} Approved by Ma or: Date: �I�'�L 27`LQ� By: st� K� Form Approved by City j BY� �/ Approved by Fiayor for Submission to Counci sy: ��, rlAl'ti-, � �✓ oe-S�a� DFPARTMEN7/OFFCE/COUNqL DATEINITATED GREEN SHEET NO. 101036 Parks and Recreation 5-3-00 CONTACT PEASON ANO PHONE INITIAI/DATE INITI/VJDATE VinCeGiIIBSpi6 266-6408 � 7 OEPAR7MENTDIflECTOP 4 ancouNa� w M �arn ? CITVATfORNEY __GITYCLtliK MUSf eE ON CAUNCII AGENDA 8Y {DATEI AW � pqqNq/LL $Qyy�CE$ Dlq. OHDER _ _ 3 MAVORIORASSISTANT7 J PBtICS TOTAl;OF51GNpTUREPAGES [dlVAlilAGA110NSFOR81tiNAT1�iF.1 ACiION HEQUESfm: Approve resolution directing the Division of Parks and Recreation to renew the existing lease agreement with Higher Education Services O�ceJGet Ready Progrem for office space at Baker Community Center. RECOMMENDATIONS ApprornfAlorRnjact(Fll P9180NPL89IViCEC�N7RACTSMU6TANSW�TXEFOLLOWIN6QUES110N5: __PLANNING COMMISSION _CML SERVICE GoMMISSION �, Naa ttns persoNhrm ev<r worked under a convact tor ttua devattment'+ CIB COMMITTEE _ YES NO A� STAFF 2. Haa thie personlfrtm ever been a city empioyee? OISTqICT COUNCIL YES NO -- — 3. Ooe3 ihis pe�soNfum poSSeas a sYVll fwt fwtmally puasesaed by any wYre�t city empl0yee� SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO ERplein W yn emwen on aeperete ehee[ e�q attech m q�een aheet. INITIATING PqOBLEM, ISSUE, OPPOftTUNITV IWho. Whap VJhen, Where, WMyL' `� Higher Education Services Office/Gei Ready Program leases office space at Baker Community Center. The lease expires June 30, 2000 and a senewal lease must be executed. ADVANTAGESIFAPPflOVED: pISADVANTAGESIF APPFtOVED: JUN � � Z0a0 CITY ATTORN�� OISADVANTAGES IF NOT APPROVED: �i41.H� �A3@'dPCfl �i@(E�2P ,���! Q � 24�0 TOTAL AMOUNT OF TRANSACTION $ �V7 � 627 . 56 COSTMEYBYIIEeVD6Efm (CIIiCtE ONEI _�( YES j NO `J WIVqNGSOUflCE R211t Pdld A �� n . N � 6 � 23102 FINANqAL INFORMASION: (EXPLAINI ✓ po -. s1�.. S'i'ATE OF MtNNESOTA AMENDMENT OF IEASE Amendment No.1 to Lease Agreement No.10892 Accounting Distribution 1: � Accounting Distribution 2: Accounting Distribuiion 3: Proeesstng Infomt lon: ��� � NumberlDatelEntry Stpnafure (MdiNdual tlgning eerf/!!ea �st (rmCS have been __ _+ntumbtrob ss roqulrod byMln2 Siat f f6A.l5.J THIS AGREEMENT made this 14"' day of A�ril. 2000. by and between tfia �� Ra�sattuon. 3vv �,m nan r�nnex z4 west 4" Street 5t PaW Minnesota 55102, hereinafter referred to as LESSOR, �nd the State of Minnesota, Departmant of Administration, hereinafter refeRed to as LESSEE, acfing for the benefit of the Hicther Education Services Office� Gei Ready Program, shall be an amendmertt artd addftion to Lease Agreement tVo.10892. WITNESSETH: WHEREAS, LESSOR and LESSEE entered i�to Lease Agreement No. 10892, dated invoiving the rental of appraximateiv 225 usabie svuare feet consistina of � 33 us�hie to be used as office and storaae space and WHEREAS, the parties deem ce�tain amendments and additional terms and conditions mutuatly bsneficia{ for the effective continuation of said Lease Agreement, p p_ S°1� NOW TNEREFORE, LESSOR and LESSEE agres to substitutian and/or addition of the foflowing terms and conditions, which shal{ become a part of the Lease Agreement No. 10892 effective as of the date set forth hereinafter. LEASE RENEWAL 2. 3. 4. LESSOR and LESSEE hereby agree that this Lease Agreement shall be renewed for an additional term ofi three l3) vears, commencing on Julv 1. 2000, and continuing thraugh June 30, 2Q03• at the same terms and conditions as set forth in the Lease Agreement, except as provided for herein. RENT LESSEE agrees to pay to LESSOR for the renewaf term the sum of Seven Thousand Six Hundred Twentv Seven and 56i100 Dollars ($7,627.561; such amount shai! b� paid at the end of each calendar month in accordance wfth the rent schedule set forth below: LEASE PERIOD 711/00 — 6f30/41 711101 — 6/30/02 71i/02 — 6/30/d3 RATE PER SQ. FT. $11.19 $i i.30 $11.4i TOTAL RENT FOR LEASE PERIOD $2,517.72 $2,542.56 2 567.28 $7,627.56 MONTHLY PAYMENT $zos.ay $211.88 $218.94 Ciause 16 of the Lease Agreement is canceled and superseded with the fotlowing: 16. Pursuant to Minnesota Statutes, Section 16C.05, Subdivision 5, the books, records, documents and accounting procedures and practices of LESSOR relevant to this Leasa Agreement shall be subject to examination by the State andJor Legislative Auditor, as appropriate, for a minimum of s� (6j years. Except as modified by the provisions of this Amendment, said Lease Ag�eement is ratified and confirmed as originaliy written. � ,, do —S1�- {N WITNESS WHEREOF, to be bound thereby. the parties have set their hands on the date(s) indicated below intending APPROVED: STATE OF MINNESOTA HIGHER EDUCAT ON SERVICES OFFICE By � � r�e "..� wl �.�..,«�./�.�., Date �Sr��a As to form and execution OFFICE OF THE ATTORNEY GENERAL � Legal Assistant Date i.ESSOR: CITY OF ST. PAUL, BAKER COMMUNITY CENTER, DIVISION OF PARKS AND RECREATION ay Td{e Date By Title Date LESSEE; STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION COMMISSIONER By Rea{ Estate Management Division Date 3 pra �- Sg�— STATE OF MINNESOTA LEASE TOTAL AMOUNT See Clause 4 (Annual) THIS LEASE AGREEMENT is made by and between �EasE No. 1 $92 west a°• 5treet. St. Paul Minnesota 55102, hereinafter referred to as LESSOR, and the STATE OF MINNESOTA, Oepartment of Administration, hereinafter referred to as LESSEE, acting for the beneFt of the Hiaher Education Services Office• Get Readv Program. WtTNESSETH: LESSOR and LESSEE, in consideration of the rents, covenants and considerations hereinafter specified, do hereby agree each with the other as foilows: IFJ�SEO PREMISES LESSOR gra�ts and LESSEE accepts the lease of the following described Leased Premises located in the City of St. Paul, County of Ramsev, Minnesota, to-wit: From July 1, 1998 to September 30, 1998 approximately One Hundred Thirtv Three (1331 usable square feet of office space in Room #102. From October 1, 1998 to June 30, 2000 approximately Two Hundred Twentv Five (2251 usable square feet co�sisting of One Hundred Thirtv Three f133) usable squate feet of office space in Room #�02 plus Nineri Two 92 usable square feet of storage space in Room #105, as shown on the attached Exhibit A, in the building located at 209 West Page Stceet. 2. USE LESSEE shall use and occupy the Leased Premises only as office and storaae soace for the Get Readv Proaram. 0 Processing / In ' format Q l�on: o h/ y � /7 / Coniract: 7�� 0 I � � Order. / �J � ! � / C l ���� NumbenDare/EntrySgnature / Number(DatelSigna re ryntlfHduals/gn/ng certtfies Urat lunds have 6een eneum6eredasrequired6yMinn SUt ¢16q15j �o - Sqa- 3. TERM The tertn ofthis �ease Agreement is rivo (2) vears, commencing on Julv �. �998 and continuing through June 30. 2000. 4. PAYMENT OF RENT 4.� As rent for the Leased Premises and in consideration for ail covenants, representations and conditions of the Lease Agreement, LESSEE agrees to pay to LES50R the sum of Four Thousand Six Hundred S1mi Six and 53/100 Doilars ($4 666 531 for the term of fhe Lease Agreement, such amount shall be paid in accordance with the rent schedule set forth below, each monthty payment to become due and payable at the end of each calendar month. LEASE PERIOD 71U98 - 9/30/98 10/1/98 - 6/30/99 7/1/99 - 6l30f00 RATE PER SQ.FT. SQ. Ff. 133 $10.76 225 $10.76 225 $1'I.OS TOTAL RENT FOR MONTHLY LEASE PERlOD PAYMENT $ 357.78 $119.26 $'1,875.75 $261.75 2 493.00 $207.75 $4,668.53 4,2 LESSOR represents and warrants that it is solely antitled to al! rents payable under the terms of this Lease Agreement. Payment of rerrt to: City of St. Pauf Baker Center Division of Parks and Recreation Division of Community Services c/o Manager of Recreation 300 Ciry Hall Annex 2A West 4'" Street St. Paul, Minnesota 55102 5. � TERMINATION This Lease Agreement may be terminated by either party for any reason at arry time upon giving thirty (30) days prior written notice to the ofher party. DUTIES OF LESSOR LESSOR shaA, at its expense, provide the following: 6.1 Utilities: LESSOR shall bear the cost of gas electriciN heat liqhts air conditioninq, sewer and water. Payment 4or the costs of said utilities does not warrant uninterrupied service by the uiility provided. LESSOR shall nof be responsible for damages caused by interrupted setvices. 6.2 Electrical Outlets: LESSOR shall provide adequate electrical outlets upon the Leased Premises for the normal office use. 6.3 Li9htina: LESSOR shall provide the Leased Premises with overhead lighting facilities sufficient to provide 70 foot candie power at desk level, 6.4 Resfrooms: LESSOR shall provide the Leased Premises wifh separate restroom facilities for both men and women. Such facilities shall either be situated within the Leased Premises or easily accessible thereto. _ 2 00 -- Sq2 6.5 Janitorial Service: LESSOR shall provide janitoriai services and s�pplies to the Leased Premises and common areas of the buiiding including replacement of light bulbs, starters and ballasts. 6.6 Trash Removal: LESSOR shall provide the Leased Premises with a means or system of waste or trash disposal. 6.7 Common Areas: LESSOR shail provide sufficient light, heat and malntenance to fhe common areas and public access areas to the Leased Premises, including stairvrays, elevators, lobbies, and haliways, so fhat such areas shali be safe and reasonably comfortable. 6.8 Snow Removai: LESSOR shall keep the pubtic sidewalks adjacent to the building and any sidewa{ks or stairvrays leading from the public sidewaiks to the building free from snow, ice and debris, including the parking lot. 6.9 Maintenance a. LESSOR shail maintain in working condition atl appurtenances within the scope of this Lease Agreement, including the maintenance of proper p4umbing, wiring, heafing (and, wfiere app{icable, cooling) devices and ductwork. b. LESSOR shall document maintenance on Yne heating, ventilating and air conditioning system i.e., fifter changes and cleaning methods artd procedures. 6.10 Reoairs: LESSOR shall make such necessary repairs so as to continue to provide afl such service appuAenances as are required by this Lease Agreement, prwided, however, that LESSOR shall not be responsible for repairs upon implements or articles which are the personai property of LESSEE, nor shall LESSOR bear the expense of repairs to the Leased Premises necessitated by damage caused by LESSEE beyond nocmal wear and tear. 6.11 Deliverv of Leased Premises: LESSOR covenants that it will deliver the Leased Premises to LESSEE in a clean and sanitary condition with all services and appurtenances included within the scope of this Lease Agreement in effect and in good running order. 6.12 Quiet Eniovment: LESSEE shall have the quiet enjoyment of the Leased Premises during the full term of this Lease Agreement and any extension or renewal thereof. 6.13 Taxes and Assessments: LESSOR shail be responsible for payment of aIl taxes and assessments upon the leased Premises. 6.14 Energv Conservatio�: 1� the event any kind of energy conservation measures are enacted by State or Federal auihority, it is hereby agreed thai LESSOR shall reduce the quantity of utilities and services as may be specifically required by such govemmenfal orders or regutations. Utilities, within the meaning of this article, includes heat, cooling, electrici!y, water and all the sources of energy required to provide said service. 6.15 Exterior Liqhtinq: LESSOR shall provide adequate exterior lighting in the parking lots, buiiding entrancelexits and loading dock areas. 6.16 Accessibiliiv: LESSOR agrees to provide and maintain the Leased Premises and the building of which the Leased Premises are a part with accessibility and facilities meeting code requirements for handicapped persons, pursua�t to all applica6le laws, rules, ordinances and regulations as issued by any federal, state or local political subdivisions having jurisdiction and authority in connection with said property. 00 -s�� 6.17 Manaaement: LESSOR agrees that in exercising its management responsibil"rties of the property of which the Leased Premises are a part, including the maintenance, repair, alterations and construc[ion refating thereto, it shall comply w'sth all applicable laws, statufes, rules, ordinances and regulations, inGuding but not IimiEed to building code, disabil'dies access, zoning, air quality, pollution control, recyclable materials and prevailing wage requirements, as issued by any fedecat, stafe or Iocal polificaf subdivisions having jurisdiction and authority in connection wiih said property. DUTIES OF IESSEE 7.1 LESSEE shali allow access to the Leased Premises by LESSOR or its aufhorized sepresentatives at any reasonable time during the 1'rfe of this Lease Agreement for any purpose within the scope of this Lease Agreement. 7.2 LESSEE shail not use the Leased Premises at any time for any purpose forbidden by law. 7.3 LESSEE shall not assign, sublet, or othenvise transfer its interest in this Lease Agreement without the prior written consent of LESSOR. 7.4 LESSEE shall make no alterations, additions, or changes in the Leased Premises without the advance written consent of LESSOR. A11 alterations, additions, improvements and fixtures, which may be made or insta0ed by I,ESSOR upon the Leased Premises a�d which in any manner are attached to the floors, waNs or ceilings, at the termination of this lease shall remain the property of LESSOR, and shall remain upon and be surrendered with the Leased Premises as a part thereof, without damage or injury beyond normal wear and tear and floor covering aHixed to the floor shall likewise become the properry of LESSOR. 7.5 LESSEE agrees to observe reasonable precautions to prevent waste of heat, electriciry, water, air conditioning any other utility or any service, whether such is furnished by LESSOR or obtained and pa+d for by LESSEE. 7.6 Smokinq: Pursuant to Minnesota Statute 16B24, Subd. 9(1993), LESSOR and LESSEE sfialf not permit smoking in the Leased Premises. 8. USABLE SPACE MEASUREMENTS It is understood by LESSOR and LESSEE that the rent schedule is based upon the number of usabfe square feet of space occupied by LESSEE. Usable square feet for purposes ofi the Lease Agreement and calculating rent shail be computed by measuring the inside finished surface of euterios walls to the inside finished su+face of building corridor and other permanent walls or to the center of wails separating the Leased Premises from other tenant space. If more than 50% of an exterior wall is glass, the dimension is taken from the glass line. Vertical shafts, eievators, stairvaefls, dock areas, mechaniql rooms, and utifity and janitor rooms are exciuded. Restrooms, corridors, lobbies and receiving areas which are accessible to the generat public or used in common with other tenants are also excluded. No deduetions are made for co{umns, pilasters or oiher projections to the building if each is less than four (4) square feet. 9. DESTRUCTION O� PREMISES If the Leased Premises shall be destroyed or damaged by fire, tornado, flood, civil disorder, or any cause whatsoever, so that the Leased Premises become untenantable, or LESSEE is unable to conduct its business, the rent shai! be abated from the time of such damage and both LESSOR and IESSEE shall have the option of tertninating this Cease Agreemerrt upon frfteen (15) days written notice or aliowing LESSOR a reasonable amount of time to restore the damaged Leased Premises to tenantabie condition. �� --s�a- 10. INSURANCE 10.1 Property Damage. It shall be the dufy of LESSOR and LESSEE to maintain insurance or setf-insurance on their own property, bofh real and personal. Notwithstanding anything apparently to the confrary in fhis Lease Agreement, LESSOR and LESSEE hereby release one another and their respective partners, officers, emp(oyees and properLy manager from any and a!I liab'slity or responsibility to ffie other or anyone claiming through or under them by way of subrogation or otherwise for loss or damage, even if such loss or damage shail have been caused by the fauH or negligence of the other parfy, or anyone for whom such party may be responsible. 102 Liability. LESSOR and LESSEE agree that each parfy wilf be responsi6le for its own acts and the resufts thereof to the extent authorized by law and shalf noY be responsible for the acts of any others and the results thereof, LESSEE'S lia6ility shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section 3.736, and other applicable law. 11. BUILDING ACCESS LESSOR shall provide for access to the Leased Premises from 7:00 a.m. to 9:00 p.m., Monday through Friday. However, LESSOR shali provide for access to the Leased Premises seven days per week, twenty-four hours per day for aufhorized employees of LESSEE. 12. NOTICES All notices, or communications between LESSOR a�d IESSEE shall be deemed sufficiently given or rendered 'rf in writing and defivered to either party personaliy or sent by registered or certified mail addressed as follows: LESSOR: City of St. Paul Baker Center pivision of Parks and Recreation Division of Community Services c/o Manager of Recreation 300 City Hali Annex 24 West 4'" Street St. Paui, Minnesota 55102 LESSEE: State of Minnesota Department of Administration Reai Estate Management Division 50 Sherbume Avenue, Room 309 St. Paul, Minnesota 55155 with a copy to the occupant of the Leased Premises. Ali originai biils and statements from LESSOR to LESSEE shall be mailed or personally delivered to the occupant of the Leased Premises only. 13. NEW LESSOR !n the event the Leased Premises or the bui{ding of which tfie same is a part shall be sold, conveyed, transferred, assigned, Ieased or sublet, or if LESSOR shall seil, canvey, transfer, or assign this Lease Agreement or rents due under this Lease Agreement, or if for any reason there shall be a change in the manner in which the rental reserved hereunder shall 6e paid to IESSOR, proper written notice of such change must be defivered to LESSEE as promptly as possibfe. LESSEE'S "Transfer of Ownership of Lease" document shall be executed 6y the paRies in order that the Sfate of Minnesota, Department of Finance is provided with authorization to issue payments to a new party. Do—saa value of the leasehold), except that LESSEE shall be entitled to any separate award made for its trade fixtures or for moving expenses. 18. HAZARDOl1S SUSSTANCES a. "Hazardous Substances" is defined to mean any and ail substances or mate�ials that are cafegorized or defined as hazardous or toxic under any present or future local, sfate or federa! law, rule or regufation pertaining to environmental regulation, contamination, cleanup or disclosure including without limitation, the Comprehensive Environmentai Response, Campensation and Liability Act of 1980, as now or hereafter amended {'CERCLA'), the Resources Conservation and Recovery Act, as now or hereafter amended (`RCRA'), the Supertund Amendments and Reauthorization Act of 1980, as now or hereafter amended ('TSCA'), the Minnesota Environmentaf Response and Liability Act (`IVIERLA'), or any similar statutes or regulations, and any wastes, poilutants and contaminants (including without limitation, materials containing asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls (`PCBs'), and petroleum products inciuding gasoline, fuel oii, crude oi{ and various constituents of such products.) b. LESSOR warrants and covenants that it did not, and wil! not in the future, instat{, use, generate, store, dispose of or release on or about the building or the land of which the Leased Premises or the Building of which the Leased Premises are a part, except far immaterial quantities of any Hazardous Substances customarily used in fhe construction and maintenance of like properties or in other uses of the Leased Premises or ths building or land of which it is a part which have been used in accordance with applicable faws, statutes, regulations and ordinances then in effect. LESSOR further agrees to indemnify and hoid LESSEE (and its officers, partners, employees, agents and directors) harmless from and against any claim, damage, loss, fine or any other expense (including without fimitation ciean-up costs, court costs, attorneys' fees, engineering or consultant fees, other costs of defense and sums paid in settlement of claims) arising out of LESSOR'S installation, use, generation, storage, disposal or release of any Hazardous Substances in or about the Leased Premises or the buiiding or the land of which the Leased Premises are a part. c. LESSOR represents and warrants there are no Hazardous Substances present within the Leased Premises, the bui{ding or the land of which the Leased Premises are a part. In the event a qualified environmental testing company determines thaf Hazardous Substances do exist, in greater than immaterial quantities, in or about the Leased Premises or the building or land of which the Leased Prem+ses are a part, LESSEE, at its option, may terminafe fhis Lease Agreement with sixty (60) days written notice to LESSOR. BC dprcospcs lease.doc p� - S°t?r IN WlTNESS WHEREOF, the parties have set fheir hands on the date(s) indicated beiow intending to be bound thereby. APPROVED: STATE OF MINNESOTA HIGHER EDUCATION SERVICES OFFICE By ,r.�C�K, k� � Titie l,�2u� _� �./�x�� � Date � 131�"5 LESSOR: C{TY OF ST. PAUL, DIV AND ECREATION i � Title I <�< <T � � Date z-//` Z�� d OF PARKS i� ° FINANCIAL SERVICES ,�25- ac3102. Z -o , �' �o�2e( d ,Q< < Date CITY ATTORNEY �/� p,��� ,� �,.,,,�.� � LESSEE: STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION COMMISSIONER BY �.(�CILll�l / �.2��-('xJ Reai Estate Management Division �naj a s 2000 As to form and execution OFFICE OF THE ATTORNEY GENERAL Origirwl signed By nnno n � �nnn Legal Assistant Date bY Pa�'��a S. Noli �o -s aa- (, t , � � � � � ��` � � a � �, = � .� � � � � 1�` � �s �j � .- s� 2- STATE OF MINNESOTA LEASE TOTAL AMOUNT See Clause 4 (Annual) LEASE NO. I OH92 THIS LEASE AGREEMENT is made by and between City of St Paul, Baker Center, Division of Parks and Recreation. Division of Community Services. c/o Manager of Recreation. 300 City Hall Annex 24 West 4`" Street. St. Paul, Minnesota 55102, hereinafter referred to as LESSOR, and the STATE OF MINNESOTA, Department of Administration, hereinafter referred to as LESSEE, acting for the benefit of the Higher Education Services Office; Get Ready Program. WITNESSETH: LESSOR and LESSEE, in consideration of the rents, covenants and considerations hereinafter specified, do hereby agree each with the other as follows: LEASED PREMISES LESSOR grants and LESSEE accepts the lease of the following described Leased Premises located in the City of St. Paul, County of Ramsev, Minnesota, to-wit: From July 1, 1998 to September 30, 1998 approximately One Hundred Thirty Three (1332 usable square feet of office space in Room #102. From October 1, 1998 to June 30, 2000 approximately Two Hundred Twenty Five (225� usabie square feet consisting of One Hundred Thirty Three (1331 usable square feet of o�ce space in Room #1D2 plus Ninety Two (92) usable square feet of storage space in Room #105, as shown on the attached Exhibit A, in the building located at 209 West Page Street. USE LESSEE shall use and occupy the Leased Premises only as office and storaqe space for the Get Readv Program. Processing Information: .. �, Contreck 7�l b � � �) �v LS/ I""' Order. � �� ` / � � L 'r ��/ Number/Date/Entry Signature NumbedDatalSlgna re (/ndlvldual slgning certltles that funds have been � encumbered as requlred by Mlnn. Sta4 § 18A.15.] Oo -Sqa 3. 4. TERM The term of this Lease Agreement is two (21 years, commencing on July 1, 1998 and continuing through June 30. 2000. PAYMENT OF RENT 4.1 As rent for the Leased Premises and in consideration for all covenants, representations and conditions of the Lease Agreement, LESSEE agrees to pay to LESSOR the sum of Four Thousand Six Hundred Sixty Six and 53/100 Dollars ($4 666 53) for the term of the Lease Agreement, such amount shall be paid in accordance with the rent schedule set forth below, each monthly payment to become due and payable at the end of each calendar month. LEASE PERIOD 7/1/98 - 9/30/98 10/1/98 - 6/30/99 7/1/99 - 6/30/00 RATE PER SQ.FT. SQ• FT• 133 $10.76 225 $10.76 225 $11.08 TOTAL RENT FOR LEASE PERIOD $ 357.78 $1,815.75 2 493.00 $4,666.53 MONTHLY PAYMENT $119.26 $201.75 $207.75 4.2 LESSOR represents and warrants that it is solely entitled to all rents payable under the terms of this Lease Agreement. Payment of rent to: City of St. Paul Baker Center Division of Parks and Recreation Division of Community Services c/o Manager of Recreation 300 City Hall Annex 24 West 4'" Street St. Paul, Minnesota 55102 5. � TERMINATION This Lease Agreement may be terminated by either party for any reason at any time upon giving thirty (30) days prior written notice to the other party. DUTIES OF LESSOR LESSOR shall, at its expense, provide the following: 6.1 Utilities LESSOR shall bear the cost of qas. electricity, heat, lights, air conditioninq, sewer and water. Payment for the costs of said utilities does not warrant uninterrupted senrice by the utility provided. LESSOR shall not be responsible for damages caused by interrupted services. 6.2 Electrical Outlets: LESSOR shall provide adequate electrical outlets upon the Leased Premises for the normal office use. 6.3 Li htin : LESSOR shall provide the Leased P.remises with overhead lighting facilities su�cient to provide 70 foot candle power at desk level. 6.4 Restrooms: LESSOR shall provide the Leased Premises with separate restroom facilities for both men and women. Such facilities shall either be situated within the Leased Premises or easily accessible thereto. 2 8p - S°12- 6.5 Janitorial Service: LESSOR shall provide janitorial services and supplies to the Leased Premises and common areas of the building including replacement of light bulbs, starters and ballasts. 6.6 Trash Removal: LESSOR shall provide the Leased Premises with a means or system of waste or trash disposal. 6.7 Common Areas: LESSOR shall provide sufficient light, heat and maintenance to the common areas and public access areas to the Leased Premises, including stairways, elevators, lobbies, and hallways, so that such areas shall be safe and reasonably comfortable. 6.8 Snow Removai: LESSOR shall keep the public sidewalks adjacent to the building and any sidewalks or stairways leading from the public sidewalks to the building free from snow, ice and debris, including the parking lot. 6.9 Maintenance a. LESSOR shall maintain in working condition all appurtenances within the scope of this Lease Agreement, including the maintenance of proper plumbing, wiring, heating (and, where applicable, cooling) devices and ducfivork. b. LESSOR shall document maintenance on the heating, ventilating and air conditioning system i.e., filter changes and cleaning methods and procedures. 6.10 Repairs: LESSOR shall make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LESSOR shall not be responsible for repairs upon implements or articles which are the personal property of LESSEE, nor shall LESSOR bear the expense of repairs to the Leased Premises necessitated by damage caused by LESSEE beyond normal wear and tear. 6.11 Deliverv of Leased Premises: LESSOR covenants that it will deliver the Leased Premises to LESSEE in a clean and sanitary condition with all services and appurtenances included within the scope of this Lease Agreement in effect and in good running order. 6.12 Quiet En'Loyment: LESSEE shall have the quiet enjoyment of the Leased Premises during the full term of this Lease Agreement and any extension or renewal thereof. 6.13 Taxes and Assessments: LESSOR shall be responsible for payment of all taxes and assessments upon the Leased Premises. 6.14 Energy Conservation: In the event any kind of energy conservation measures are enacted by State or Federal authority, it is hereby agreed that LESSOR shall reduce the quantity of utilities and services as may be specifically required by such governmental orders or regulations. Utilities, within the meaning of this article, includes heat, cooling, electricity, water and all the sources of enerqy required to provide said service. 6.15 Exterior Lightin4: LESSOR shail provide adequate exterior lighting in the parking lots, building entrance%xits and loading dock areas. 6.16 Accessibilitv: LESSOR agrees to provide and maintain the Leased Premises and the building of which the Leased Premises are a part with accessibility and facilities meeting code requirements for handicapped persons, pursuant to all applicable laws, rules, ordinances and regulations as issued by any federal, state or local political subdivisions having jurisdiction and authority in connection with said property. 3 po - S� a- 6.17 Mana eq ment: LESSOR agrees that in exercising its management responsibilities of the property of which the Leased Premises are a part, including the maintenance, repair, alterations and construction relating thereto, it shall comply with all applicable laws, statutes, rules, ordinances and regulations, including but not limited to building code, disabilities access, zoning, air quality, pollution control, recyclable materials and prevailing wage requirements, as issued by any federai, state or local political subdivisions having jurisdiction and authority in connection with said property. 7. DUTIES OF LESSEE 7.1 LESSEE shall allow access to the Leased Premises by LESSOR or its authorized representatives at any reasonable time during the life of this Lease Agreement for any purpose within the scope of this Lease Agreement. 7.2 LESSEE shall not use the Leased Premises at any time for any purpose forbidden by law. 7.3 LESSEE shail not assign, sublet, or otherwise transfer its interest in this Lease Agreement without the prior written consent of LESSOR. 7.4 LESSEE shall make no alterations, additions, or changes in the Leased Premises without the advance written consent of LESSOR. All aiterations, additions, improvements and fixtures, which may be made or installed by LESSOR upon the Leased Premises and which in any manner are attached to the floors, walls or ceilings, a1 the termination of this lease shall remain the property of LESSOR, and shall remain upon and be surrendered with the Leased Premises as a part thereof, without damage or injury beyond normal wear and tear and floor covering affixed to the floor shall likewise become the property of LESSOR. 7.5 LESSEE agrees to observe reasonable precautions to prevent waste of heat, electricify, water, air conditioning any other utility or any service, whether such is furnished by LESSOR or obtained and paid for by LESSEE. 7.6 Smokinca: Pursuant to Minnesota Statute 16B.24, Subd. 9(1993), LESSOR and LESSEE shall not permit smoking in the Leased Premises. 8. USABLE SPACE MEASUREMENTS It is understood by LESSOR and LESSEE that the rent schedule is based upon the number of usable square feet of space occupied by LESSEE. Usable square feet for purposes of the Lease Agreement and calculating rent shall be computed by measuring the inside finished surFace of exterior walis to the inside finished surface of building corridor and other permanent walls or to the center of walls separating the Leased Premises from other tenant space. If more than 50% of an exterior wall is glass, the dimension is taken from the glass line. Vertical shafts, elevators, stairwells, dock areas, mechanical rooms, and utility and janitor rooms are excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are aiso excluded. No deductions are made for columns, pilasters or othe� projections to the buiiding if each is less than four (4) square feet. 9. DESTRUCTION OF PREMISES If the Leased Premises shall be destroyed or damaged by fire, tornado, flood, civil disorder, or any cause whatsoever, so that the Leased Premises become untenantable, or LESSEE is unable to conduct its business, the rent shali be abated from the time of such damage and both LESSOR and LESSEE shall have the option of terminating this Lease Agreement upon fifteen (15) days written notice or allowing LESSOR a reasonable amount of time to restore the damaged Leased Premises to tenantable condition. � �0-Sqa- 10. INSURANCE 10.1 Property Damage. It shali be the duty of LESSOR and LESSEE to maintain insurance or self-insurance on their own property, both real and personal. Notwithstanding anything apparently to the contrary in this Lease Agreement, LESSOR and LESSEE hereby release one another and their respective partners, officers, employees and property manager from any and all liability or responsibility to the other or anyone claiming through or under them by way of subrogation or otherwise for loss or damage, even if such loss or damage shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible. 10.2 Liability. LESSOR and LESSEE agree that each party will be responsibie for its own acts and the results thereof to the extent authorized by law and shal! not be responsible for the acts of any others and the results thereof. LESSEE'S liability shall be governed by fhe provisions of the Minnesota Tort Ciaims Act, Minnesota Statutes, Section 3.736, and other applicable law. 11. BUILDING ACCESS LESSOR shall provide for access to the Leased Premises from 7:00 a.m. to 9:00 p.m., Monday through Friday. However, LESSOR shall provide for access to the Leased Premises seven days per week, twenty-four hours per day for authorized employees of LESSEE. 12. NOTICES All notices, or communications between LESSOR and LESSEE shall be deemed sufficiently given or rendered if in writing and delivered to either party personally or sent by registered or certified mai! addressed as foUows: LESS�R: City of St. Paul Baker Center Division of Parks and Recreation Division of Community Services c/o Manager of Recreation 300 City Hall Annex 24 West 4"' Street St. Paul, Minnesota 55102 LESSEE: State of Minnesota Department of Administration Real Estate Management Division 50 Sherburne Avenue, Room 309 St. Paul, Minnesota 55155 with a copy to the occupant of the Leased Premises. Al! origina! bills and statements from LESSOR to LESSEE shall be mailed or personally delivered to the occupant of the Leased Premises only. 13. NEW LESSOR In the event the l.eased Premises or the buiiding of which the same is a part shall be sold, conveyed, transferred, assigned, leased or sublet, or if LESSOR shatl sell, convey, transfer, or assign this Lease Agreement or rents due under this Lease Agreement, or if for any reason there shall be a change in the manner in which the rental reserved hereunder shall be paid to LESSOR, proper written notice of such change must be delivered to LESSEE as promptly as possible. LESSEE'S "Transfer of Ownership of Lease" documenf shafl be executed by the parties in order that the State of Minnesota, Department of Finance is provided with authorization to issue payments to a new party. 5 0 O-- S q a- 14. DEFAULT BY LESSOR If LESSOR shall default in the pertormance of any of the terms or provisions of this Lease Agreement, LESSEE shall promptly so notify LESSOR in writing. If LESSOR shall fail to cure such default within thirty (30) days after receipt of such notice, or if the default is of such character as to require more than thirty (30) days to cure, and LESSOR shall fail to commence to do so within thirty (30) days after receipt of such notice and thereafter diligently proceed to cure such default, than in either event, LESSEE may cure such default and any reasonable and actual expenses paid by LESSEE shall be paid by LESSOR to LESSEE within ten (10) days after statement therefore is rendered. LESSEE shall have a specific right to set-off any such amounts against any rent payments or other amounts due under this Lease Agreement. In lieu of curing said default, LESSEE shali have the specific right to set-off against any rent payments or other amounts due under this Lease Agreement any damages incurred through the LESSOR'S breach. This provision in no way limits LESSEE'S other remedies for breach under common law or this Lease Agreement. 15. DEFAULT BY LESSEE In the event of any failure of LESSEE to pay any rental due under this Lease Agreement within thirty (30) days after the same shall be due, or any failure to perForm any other of the terms, conditions or covenants of this Lease Agreement to be observed or performed by LESSEE for more than thirty (30) days after written notice of such default has been given to LESSEE, LESSOR shall have the right, at its option, to terminate this Lease Agreement and upon such termination LESSEE shall quit and surrender the Leased Premises to LESSOR. Upon such termination, LESSOR or LESSOR'S agent may reenter the Leased Premises and remove all persons and all or any therefrom by proceeding at law, and thereby repossess and enjoy the Leased Premises; and by such repossession and reentry, LESSOR shall not be deemed to have waived its right (if any) to collect rent due (if any) from LESSEE hereunder or to enforce the other obligations of LESSEE hereunder. 16. AUDIT Pursuant to Minnesota Statutes, Section 16B.06, Subdivision 4, the books, records, documents and accounting procedures and practices of LESSOR relevant to this Lease Agreement shall be subject to examination by the State and/or Legislative Auditor during normal business hours and after reasonable notice to LESSOR. 17. EMINENT DOMAIN In the event of a taking of any portion of the Leased Premises which would make the remainder of the Leased Premises untenantabie, in the sole but reasonable opinion of LESSEE, this Lease Agreement shail terminate on the date of such taking, and the rent required to be paid by LESSEE hereunder shall be apportioned and paid to the date of such taking. In the event of any such taking, LESSOR and LE�SEE shall together make one claim for an award for their combined interests in the property and the net award received (after deduction of reasonable fees and expenses of collection, including, but not limited to reasonable attorneys' fees) shall be paid to LESSOR (including the value of the leasehold), except that LESSEE shali be entitled to any separate award made for its trade tbctures or for moving expenses. b. In the event of a taking of any portion of the property or the Leased Premises which would not make the remainder of the Leased Premises untenantable, this Lease Agreement shall continue in full force and effect; provided the rent is prorated to reflect the usable area of the Leased Premises which is rendered untenantable by such taking, and LESSOR shall, at its expense, proceed with reasonable diligence (subject to unavoidable delays), to commence and complete restoration. Ail awards payable as a result of any taking shall (after deduction of reasonable fees and expenses of collection, including, but not limited to reasonable attorney's fees) be paid to LESSOR (including the C� . � aa - s °12- value of the leasehold), except that LESSEE shali be entitled to any separate award made for its trade fixtures or for moving expenses. 18. HAZARDOUS SUBSTANCES a. "Hazardous Substances" is defined to mean any and ali substances or materials that are categorized or defined as hazardous or toxic under any present or future local, state or federal law, rule or regulation pertaining to environmental regulation, contamination, cleanup or disciosure including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as now or hereafter amended ('CERCLA'), the Resources Conservation and Recovery Act, as now or hereafter amended (`RCRA'), the Supertund Amendments and Reauthorization Act of 1980, as now or hereafter amended ('TSCA'), the Minnesota Environmental Response and Liability Act ('MERLA'), or any similar statutes or regulations, and any wastes, pollutants and contaminants (including without limitation, materials containing asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls ('PCBs'), and petroleum products including gasoline, fuel oil, crude oil and various constituents of such products.) b. LESSOR warrants and covenants that it did not, and will not in the future, install, use, generate, store, dispose of or release on or about the building or the land of which the Leased Premises or the Building of which the Leased Premises are a part, except for immaterial quantities of any Hazardous Substances customarily used in the construction and maintenance of like properties or in other uses of the Leased Premises or the building or land of which it is a part which have been used in accordance with applicable laws, statutes, regulations and ordinances then in effect. LESSOR further agrees to indemnify and hold LESSEE (and its officers, partners, employees, agents and directors) harmless from and against any claim, damage, loss, fine or any other expense (including without limitation clean-up costs, court costs, attorneys' fees, engineering or consultant fees, other costs of defense and sums paid in settlement of claims) arising out of LESSOR'S instaliation, use, generation, storage, disposal or release of any Hazardous Substances in or about the Leased Premises or the building or the land of which the Leased Premises are a part. c. LESSOR represents and warrants there are no Hazardous Substances present within the Leased Premises, the building or the land of which the Leased Premises are a part. In the event a qualified environmental testing company determines that Hazardous Substances do exist, in greater than immaterial quantities, in or about the Leased Premises or the building or land of which the Leased Premises are a part, LESSEE, at its option, may terminate this Lease Agreement with sixty (60) days written notice to LESSOR. BC dprcospcs lease.doc 7 00 -s�� IN WITNESS WHEREOF, the parties have set their hands on the date(s) indicated below intending to be bound thereby. APPROVED: LESSOR: STATE OF MINNESOTA CITY OF ST. PAUL, DIVj81lpN OF PARKS HIGHER EDUCATION SERVICES OFFICE BY_�� — ' ��� `��� . Title I �,G�caxu*� � Date s �-��yy � `r� �� . �%i.:' . ��� � , , � �� � '�� o'�� 0 �"�7�rS'��«. Z/`/�/ � By Title Date CITY ATTORNEY � � _�� LESSEE: STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION COMMISSIONER By C� JR.f�dQ1�1 / . �,1i� Real Estate Management Division Date ma ;t 0 G 2000 As to form and execution OFFICE OF THE ATTORNEY GENERAL Origi►wl signed By nnaQ n 7 �nnn Legal Assistant by Patricio S. Nolte council File # �p� S9 �.. Green Sheet # �O\O'..� L � Presented By Referred to Committee: Date 1 2 3 4 5 6 7 8 9 lo li WIiEREAS, the City of Saint Paul has entered into a lease agreement with the State of Minnesota, Department of Administration, acting for the benefit of the Higher Education Services Office, Get Ready Program for space in the Baker Community Center, which e�cpires June 30, 2000; and WHEREAS, parties to the Lease Agreement wish to extend the term of the lease for an additional three year period to the same terms and conditions as the original Agreement, except for those changes set forth in the attached Amendment of Lzase; now, therefore be it RESOLVED, that the Division of Parks and Recreation is authorized to enter into the attached Amendment to the Lease Agreement with the State of Minnesota, Department of Administration for the lease of space in the Baker Community Center. Requested by: Divisit6n of Parks and V °Y • (C- Adopted by Council: Date �_.__ _�\ �a ppZ� ° Adoption Certified by Council Secretary $Y �l \ _ a- i'—} Approved by Ma or: Date: �I�'�L 27`LQ� By: st� K� Form Approved by City j BY� �/ Approved by Fiayor for Submission to Counci sy: ��, rlAl'ti-, � �✓ oe-S�a� DFPARTMEN7/OFFCE/COUNqL DATEINITATED GREEN SHEET NO. 101036 Parks and Recreation 5-3-00 CONTACT PEASON ANO PHONE INITIAI/DATE INITI/VJDATE VinCeGiIIBSpi6 266-6408 � 7 OEPAR7MENTDIflECTOP 4 ancouNa� w M �arn ? CITVATfORNEY __GITYCLtliK MUSf eE ON CAUNCII AGENDA 8Y {DATEI AW � pqqNq/LL $Qyy�CE$ Dlq. OHDER _ _ 3 MAVORIORASSISTANT7 J PBtICS TOTAl;OF51GNpTUREPAGES [dlVAlilAGA110NSFOR81tiNAT1�iF.1 ACiION HEQUESfm: Approve resolution directing the Division of Parks and Recreation to renew the existing lease agreement with Higher Education Services O�ceJGet Ready Progrem for office space at Baker Community Center. RECOMMENDATIONS ApprornfAlorRnjact(Fll P9180NPL89IViCEC�N7RACTSMU6TANSW�TXEFOLLOWIN6QUES110N5: __PLANNING COMMISSION _CML SERVICE GoMMISSION �, Naa ttns persoNhrm ev<r worked under a convact tor ttua devattment'+ CIB COMMITTEE _ YES NO A� STAFF 2. Haa thie personlfrtm ever been a city empioyee? OISTqICT COUNCIL YES NO -- — 3. Ooe3 ihis pe�soNfum poSSeas a sYVll fwt fwtmally puasesaed by any wYre�t city empl0yee� SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO ERplein W yn emwen on aeperete ehee[ e�q attech m q�een aheet. INITIATING PqOBLEM, ISSUE, OPPOftTUNITV IWho. Whap VJhen, Where, WMyL' `� Higher Education Services Office/Gei Ready Program leases office space at Baker Community Center. The lease expires June 30, 2000 and a senewal lease must be executed. ADVANTAGESIFAPPflOVED: pISADVANTAGESIF APPFtOVED: JUN � � Z0a0 CITY ATTORN�� OISADVANTAGES IF NOT APPROVED: �i41.H� �A3@'dPCfl �i@(E�2P ,���! Q � 24�0 TOTAL AMOUNT OF TRANSACTION $ �V7 � 627 . 56 COSTMEYBYIIEeVD6Efm (CIIiCtE ONEI _�( YES j NO `J WIVqNGSOUflCE R211t Pdld A �� n . N � 6 � 23102 FINANqAL INFORMASION: (EXPLAINI ✓ po -. s1�.. S'i'ATE OF MtNNESOTA AMENDMENT OF IEASE Amendment No.1 to Lease Agreement No.10892 Accounting Distribution 1: � Accounting Distribution 2: Accounting Distribuiion 3: Proeesstng Infomt lon: ��� � NumberlDatelEntry Stpnafure (MdiNdual tlgning eerf/!!ea �st (rmCS have been __ _+ntumbtrob ss roqulrod byMln2 Siat f f6A.l5.J THIS AGREEMENT made this 14"' day of A�ril. 2000. by and between tfia �� Ra�sattuon. 3vv �,m nan r�nnex z4 west 4" Street 5t PaW Minnesota 55102, hereinafter referred to as LESSOR, �nd the State of Minnesota, Departmant of Administration, hereinafter refeRed to as LESSEE, acfing for the benefit of the Hicther Education Services Office� Gei Ready Program, shall be an amendmertt artd addftion to Lease Agreement tVo.10892. WITNESSETH: WHEREAS, LESSOR and LESSEE entered i�to Lease Agreement No. 10892, dated invoiving the rental of appraximateiv 225 usabie svuare feet consistina of � 33 us�hie to be used as office and storaae space and WHEREAS, the parties deem ce�tain amendments and additional terms and conditions mutuatly bsneficia{ for the effective continuation of said Lease Agreement, p p_ S°1� NOW TNEREFORE, LESSOR and LESSEE agres to substitutian and/or addition of the foflowing terms and conditions, which shal{ become a part of the Lease Agreement No. 10892 effective as of the date set forth hereinafter. LEASE RENEWAL 2. 3. 4. LESSOR and LESSEE hereby agree that this Lease Agreement shall be renewed for an additional term ofi three l3) vears, commencing on Julv 1. 2000, and continuing thraugh June 30, 2Q03• at the same terms and conditions as set forth in the Lease Agreement, except as provided for herein. RENT LESSEE agrees to pay to LESSOR for the renewaf term the sum of Seven Thousand Six Hundred Twentv Seven and 56i100 Dollars ($7,627.561; such amount shai! b� paid at the end of each calendar month in accordance wfth the rent schedule set forth below: LEASE PERIOD 711/00 — 6f30/41 711101 — 6/30/02 71i/02 — 6/30/d3 RATE PER SQ. FT. $11.19 $i i.30 $11.4i TOTAL RENT FOR LEASE PERIOD $2,517.72 $2,542.56 2 567.28 $7,627.56 MONTHLY PAYMENT $zos.ay $211.88 $218.94 Ciause 16 of the Lease Agreement is canceled and superseded with the fotlowing: 16. Pursuant to Minnesota Statutes, Section 16C.05, Subdivision 5, the books, records, documents and accounting procedures and practices of LESSOR relevant to this Leasa Agreement shall be subject to examination by the State andJor Legislative Auditor, as appropriate, for a minimum of s� (6j years. Except as modified by the provisions of this Amendment, said Lease Ag�eement is ratified and confirmed as originaliy written. � ,, do —S1�- {N WITNESS WHEREOF, to be bound thereby. the parties have set their hands on the date(s) indicated below intending APPROVED: STATE OF MINNESOTA HIGHER EDUCAT ON SERVICES OFFICE By � � r�e "..� wl �.�..,«�./�.�., Date �Sr��a As to form and execution OFFICE OF THE ATTORNEY GENERAL � Legal Assistant Date i.ESSOR: CITY OF ST. PAUL, BAKER COMMUNITY CENTER, DIVISION OF PARKS AND RECREATION ay Td{e Date By Title Date LESSEE; STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION COMMISSIONER By Rea{ Estate Management Division Date 3 pra �- Sg�— STATE OF MINNESOTA LEASE TOTAL AMOUNT See Clause 4 (Annual) THIS LEASE AGREEMENT is made by and between �EasE No. 1 $92 west a°• 5treet. St. Paul Minnesota 55102, hereinafter referred to as LESSOR, and the STATE OF MINNESOTA, Oepartment of Administration, hereinafter referred to as LESSEE, acting for the beneFt of the Hiaher Education Services Office• Get Readv Program. WtTNESSETH: LESSOR and LESSEE, in consideration of the rents, covenants and considerations hereinafter specified, do hereby agree each with the other as foilows: IFJ�SEO PREMISES LESSOR gra�ts and LESSEE accepts the lease of the following described Leased Premises located in the City of St. Paul, County of Ramsev, Minnesota, to-wit: From July 1, 1998 to September 30, 1998 approximately One Hundred Thirtv Three (1331 usable square feet of office space in Room #102. From October 1, 1998 to June 30, 2000 approximately Two Hundred Twentv Five (2251 usable square feet co�sisting of One Hundred Thirtv Three f133) usable squate feet of office space in Room #�02 plus Nineri Two 92 usable square feet of storage space in Room #105, as shown on the attached Exhibit A, in the building located at 209 West Page Stceet. 2. USE LESSEE shall use and occupy the Leased Premises only as office and storaae soace for the Get Readv Proaram. 0 Processing / In ' format Q l�on: o h/ y � /7 / Coniract: 7�� 0 I � � Order. / �J � ! � / C l ���� NumbenDare/EntrySgnature / Number(DatelSigna re ryntlfHduals/gn/ng certtfies Urat lunds have 6een eneum6eredasrequired6yMinn SUt ¢16q15j �o - Sqa- 3. TERM The tertn ofthis �ease Agreement is rivo (2) vears, commencing on Julv �. �998 and continuing through June 30. 2000. 4. PAYMENT OF RENT 4.� As rent for the Leased Premises and in consideration for ail covenants, representations and conditions of the Lease Agreement, LESSEE agrees to pay to LES50R the sum of Four Thousand Six Hundred S1mi Six and 53/100 Doilars ($4 666 531 for the term of fhe Lease Agreement, such amount shall be paid in accordance with the rent schedule set forth below, each monthty payment to become due and payable at the end of each calendar month. LEASE PERIOD 71U98 - 9/30/98 10/1/98 - 6/30/99 7/1/99 - 6l30f00 RATE PER SQ.FT. SQ. Ff. 133 $10.76 225 $10.76 225 $1'I.OS TOTAL RENT FOR MONTHLY LEASE PERlOD PAYMENT $ 357.78 $119.26 $'1,875.75 $261.75 2 493.00 $207.75 $4,668.53 4,2 LESSOR represents and warrants that it is solely antitled to al! rents payable under the terms of this Lease Agreement. Payment of rerrt to: City of St. Pauf Baker Center Division of Parks and Recreation Division of Community Services c/o Manager of Recreation 300 Ciry Hall Annex 2A West 4'" Street St. Paul, Minnesota 55102 5. � TERMINATION This Lease Agreement may be terminated by either party for any reason at arry time upon giving thirty (30) days prior written notice to the ofher party. DUTIES OF LESSOR LESSOR shaA, at its expense, provide the following: 6.1 Utilities: LESSOR shall bear the cost of gas electriciN heat liqhts air conditioninq, sewer and water. Payment 4or the costs of said utilities does not warrant uninterrupied service by the uiility provided. LESSOR shall nof be responsible for damages caused by interrupted setvices. 6.2 Electrical Outlets: LESSOR shall provide adequate electrical outlets upon the Leased Premises for the normal office use. 6.3 Li9htina: LESSOR shall provide the Leased Premises with overhead lighting facilities sufficient to provide 70 foot candie power at desk level, 6.4 Resfrooms: LESSOR shall provide the Leased Premises wifh separate restroom facilities for both men and women. Such facilities shall either be situated within the Leased Premises or easily accessible thereto. _ 2 00 -- Sq2 6.5 Janitorial Service: LESSOR shall provide janitoriai services and s�pplies to the Leased Premises and common areas of the buiiding including replacement of light bulbs, starters and ballasts. 6.6 Trash Removal: LESSOR shall provide the Leased Premises with a means or system of waste or trash disposal. 6.7 Common Areas: LESSOR shail provide sufficient light, heat and malntenance to fhe common areas and public access areas to the Leased Premises, including stairvrays, elevators, lobbies, and haliways, so fhat such areas shali be safe and reasonably comfortable. 6.8 Snow Removai: LESSOR shall keep the pubtic sidewalks adjacent to the building and any sidewa{ks or stairvrays leading from the public sidewaiks to the building free from snow, ice and debris, including the parking lot. 6.9 Maintenance a. LESSOR shail maintain in working condition atl appurtenances within the scope of this Lease Agreement, including the maintenance of proper p4umbing, wiring, heafing (and, wfiere app{icable, cooling) devices and ductwork. b. LESSOR shall document maintenance on Yne heating, ventilating and air conditioning system i.e., fifter changes and cleaning methods artd procedures. 6.10 Reoairs: LESSOR shall make such necessary repairs so as to continue to provide afl such service appuAenances as are required by this Lease Agreement, prwided, however, that LESSOR shall not be responsible for repairs upon implements or articles which are the personai property of LESSEE, nor shall LESSOR bear the expense of repairs to the Leased Premises necessitated by damage caused by LESSEE beyond nocmal wear and tear. 6.11 Deliverv of Leased Premises: LESSOR covenants that it will deliver the Leased Premises to LESSEE in a clean and sanitary condition with all services and appurtenances included within the scope of this Lease Agreement in effect and in good running order. 6.12 Quiet Eniovment: LESSEE shall have the quiet enjoyment of the Leased Premises during the full term of this Lease Agreement and any extension or renewal thereof. 6.13 Taxes and Assessments: LESSOR shail be responsible for payment of aIl taxes and assessments upon the leased Premises. 6.14 Energv Conservatio�: 1� the event any kind of energy conservation measures are enacted by State or Federal auihority, it is hereby agreed thai LESSOR shall reduce the quantity of utilities and services as may be specifically required by such govemmenfal orders or regutations. Utilities, within the meaning of this article, includes heat, cooling, electrici!y, water and all the sources of energy required to provide said service. 6.15 Exterior Liqhtinq: LESSOR shall provide adequate exterior lighting in the parking lots, buiiding entrancelexits and loading dock areas. 6.16 Accessibiliiv: LESSOR agrees to provide and maintain the Leased Premises and the building of which the Leased Premises are a part with accessibility and facilities meeting code requirements for handicapped persons, pursua�t to all applica6le laws, rules, ordinances and regulations as issued by any federal, state or local political subdivisions having jurisdiction and authority in connection with said property. 00 -s�� 6.17 Manaaement: LESSOR agrees that in exercising its management responsibil"rties of the property of which the Leased Premises are a part, including the maintenance, repair, alterations and construc[ion refating thereto, it shall comply w'sth all applicable laws, statufes, rules, ordinances and regulations, inGuding but not IimiEed to building code, disabil'dies access, zoning, air quality, pollution control, recyclable materials and prevailing wage requirements, as issued by any fedecat, stafe or Iocal polificaf subdivisions having jurisdiction and authority in connection wiih said property. DUTIES OF IESSEE 7.1 LESSEE shali allow access to the Leased Premises by LESSOR or its aufhorized sepresentatives at any reasonable time during the 1'rfe of this Lease Agreement for any purpose within the scope of this Lease Agreement. 7.2 LESSEE shail not use the Leased Premises at any time for any purpose forbidden by law. 7.3 LESSEE shall not assign, sublet, or othenvise transfer its interest in this Lease Agreement without the prior written consent of LESSOR. 7.4 LESSEE shall make no alterations, additions, or changes in the Leased Premises without the advance written consent of LESSOR. A11 alterations, additions, improvements and fixtures, which may be made or insta0ed by I,ESSOR upon the Leased Premises a�d which in any manner are attached to the floors, waNs or ceilings, at the termination of this lease shall remain the property of LESSOR, and shall remain upon and be surrendered with the Leased Premises as a part thereof, without damage or injury beyond normal wear and tear and floor covering aHixed to the floor shall likewise become the properry of LESSOR. 7.5 LESSEE agrees to observe reasonable precautions to prevent waste of heat, electriciry, water, air conditioning any other utility or any service, whether such is furnished by LESSOR or obtained and pa+d for by LESSEE. 7.6 Smokinq: Pursuant to Minnesota Statute 16B24, Subd. 9(1993), LESSOR and LESSEE sfialf not permit smoking in the Leased Premises. 8. USABLE SPACE MEASUREMENTS It is understood by LESSOR and LESSEE that the rent schedule is based upon the number of usabfe square feet of space occupied by LESSEE. Usable square feet for purposes ofi the Lease Agreement and calculating rent shail be computed by measuring the inside finished surface of euterios walls to the inside finished su+face of building corridor and other permanent walls or to the center of wails separating the Leased Premises from other tenant space. If more than 50% of an exterior wall is glass, the dimension is taken from the glass line. Vertical shafts, eievators, stairvaefls, dock areas, mechaniql rooms, and utifity and janitor rooms are exciuded. Restrooms, corridors, lobbies and receiving areas which are accessible to the generat public or used in common with other tenants are also excluded. No deduetions are made for co{umns, pilasters or oiher projections to the building if each is less than four (4) square feet. 9. DESTRUCTION O� PREMISES If the Leased Premises shall be destroyed or damaged by fire, tornado, flood, civil disorder, or any cause whatsoever, so that the Leased Premises become untenantable, or LESSEE is unable to conduct its business, the rent shai! be abated from the time of such damage and both LESSOR and IESSEE shall have the option of tertninating this Cease Agreemerrt upon frfteen (15) days written notice or aliowing LESSOR a reasonable amount of time to restore the damaged Leased Premises to tenantabie condition. �� --s�a- 10. INSURANCE 10.1 Property Damage. It shall be the dufy of LESSOR and LESSEE to maintain insurance or setf-insurance on their own property, bofh real and personal. Notwithstanding anything apparently to the confrary in fhis Lease Agreement, LESSOR and LESSEE hereby release one another and their respective partners, officers, emp(oyees and properLy manager from any and a!I liab'slity or responsibility to ffie other or anyone claiming through or under them by way of subrogation or otherwise for loss or damage, even if such loss or damage shail have been caused by the fauH or negligence of the other parfy, or anyone for whom such party may be responsible. 102 Liability. LESSOR and LESSEE agree that each parfy wilf be responsi6le for its own acts and the resufts thereof to the extent authorized by law and shalf noY be responsible for the acts of any others and the results thereof, LESSEE'S lia6ility shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section 3.736, and other applicable law. 11. BUILDING ACCESS LESSOR shall provide for access to the Leased Premises from 7:00 a.m. to 9:00 p.m., Monday through Friday. However, LESSOR shali provide for access to the Leased Premises seven days per week, twenty-four hours per day for aufhorized employees of LESSEE. 12. NOTICES All notices, or communications between LESSOR a�d IESSEE shall be deemed sufficiently given or rendered 'rf in writing and defivered to either party personaliy or sent by registered or certified mail addressed as follows: LESSOR: City of St. Paul Baker Center pivision of Parks and Recreation Division of Community Services c/o Manager of Recreation 300 City Hali Annex 24 West 4'" Street St. Paui, Minnesota 55102 LESSEE: State of Minnesota Department of Administration Reai Estate Management Division 50 Sherbume Avenue, Room 309 St. Paul, Minnesota 55155 with a copy to the occupant of the Leased Premises. Ali originai biils and statements from LESSOR to LESSEE shall be mailed or personally delivered to the occupant of the Leased Premises only. 13. NEW LESSOR !n the event the Leased Premises or the bui{ding of which tfie same is a part shall be sold, conveyed, transferred, assigned, Ieased or sublet, or if LESSOR shall seil, canvey, transfer, or assign this Lease Agreement or rents due under this Lease Agreement, or if for any reason there shall be a change in the manner in which the rental reserved hereunder shall 6e paid to IESSOR, proper written notice of such change must be defivered to LESSEE as promptly as possibfe. LESSEE'S "Transfer of Ownership of Lease" document shall be executed 6y the paRies in order that the Sfate of Minnesota, Department of Finance is provided with authorization to issue payments to a new party. Do—saa value of the leasehold), except that LESSEE shall be entitled to any separate award made for its trade fixtures or for moving expenses. 18. HAZARDOl1S SUSSTANCES a. "Hazardous Substances" is defined to mean any and ail substances or mate�ials that are cafegorized or defined as hazardous or toxic under any present or future local, sfate or federa! law, rule or regufation pertaining to environmental regulation, contamination, cleanup or disclosure including without limitation, the Comprehensive Environmentai Response, Campensation and Liability Act of 1980, as now or hereafter amended {'CERCLA'), the Resources Conservation and Recovery Act, as now or hereafter amended (`RCRA'), the Supertund Amendments and Reauthorization Act of 1980, as now or hereafter amended ('TSCA'), the Minnesota Environmentaf Response and Liability Act (`IVIERLA'), or any similar statutes or regulations, and any wastes, poilutants and contaminants (including without limitation, materials containing asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls (`PCBs'), and petroleum products inciuding gasoline, fuel oii, crude oi{ and various constituents of such products.) b. LESSOR warrants and covenants that it did not, and wil! not in the future, instat{, use, generate, store, dispose of or release on or about the building or the land of which the Leased Premises or the Building of which the Leased Premises are a part, except far immaterial quantities of any Hazardous Substances customarily used in fhe construction and maintenance of like properties or in other uses of the Leased Premises or ths building or land of which it is a part which have been used in accordance with applicable faws, statutes, regulations and ordinances then in effect. LESSOR further agrees to indemnify and hoid LESSEE (and its officers, partners, employees, agents and directors) harmless from and against any claim, damage, loss, fine or any other expense (including without fimitation ciean-up costs, court costs, attorneys' fees, engineering or consultant fees, other costs of defense and sums paid in settlement of claims) arising out of LESSOR'S installation, use, generation, storage, disposal or release of any Hazardous Substances in or about the Leased Premises or the buiiding or the land of which the Leased Premises are a part. c. LESSOR represents and warrants there are no Hazardous Substances present within the Leased Premises, the bui{ding or the land of which the Leased Premises are a part. In the event a qualified environmental testing company determines thaf Hazardous Substances do exist, in greater than immaterial quantities, in or about the Leased Premises or the building or land of which the Leased Prem+ses are a part, LESSEE, at its option, may terminafe fhis Lease Agreement with sixty (60) days written notice to LESSOR. BC dprcospcs lease.doc p� - S°t?r IN WlTNESS WHEREOF, the parties have set fheir hands on the date(s) indicated beiow intending to be bound thereby. APPROVED: STATE OF MINNESOTA HIGHER EDUCATION SERVICES OFFICE By ,r.�C�K, k� � Titie l,�2u� _� �./�x�� � Date � 131�"5 LESSOR: C{TY OF ST. PAUL, DIV AND ECREATION i � Title I <�< <T � � Date z-//` Z�� d OF PARKS i� ° FINANCIAL SERVICES ,�25- ac3102. Z -o , �' �o�2e( d ,Q< < Date CITY ATTORNEY �/� p,��� ,� �,.,,,�.� � LESSEE: STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION COMMISSIONER BY �.(�CILll�l / �.2��-('xJ Reai Estate Management Division �naj a s 2000 As to form and execution OFFICE OF THE ATTORNEY GENERAL Origirwl signed By nnno n � �nnn Legal Assistant Date bY Pa�'��a S. Noli �o -s aa- (, t , � � � � � ��` � � a � �, = � .� � � � � 1�` � �s �j � .- s� 2- STATE OF MINNESOTA LEASE TOTAL AMOUNT See Clause 4 (Annual) LEASE NO. I OH92 THIS LEASE AGREEMENT is made by and between City of St Paul, Baker Center, Division of Parks and Recreation. Division of Community Services. c/o Manager of Recreation. 300 City Hall Annex 24 West 4`" Street. St. Paul, Minnesota 55102, hereinafter referred to as LESSOR, and the STATE OF MINNESOTA, Department of Administration, hereinafter referred to as LESSEE, acting for the benefit of the Higher Education Services Office; Get Ready Program. WITNESSETH: LESSOR and LESSEE, in consideration of the rents, covenants and considerations hereinafter specified, do hereby agree each with the other as follows: LEASED PREMISES LESSOR grants and LESSEE accepts the lease of the following described Leased Premises located in the City of St. Paul, County of Ramsev, Minnesota, to-wit: From July 1, 1998 to September 30, 1998 approximately One Hundred Thirty Three (1332 usable square feet of office space in Room #102. From October 1, 1998 to June 30, 2000 approximately Two Hundred Twenty Five (225� usabie square feet consisting of One Hundred Thirty Three (1331 usable square feet of o�ce space in Room #1D2 plus Ninety Two (92) usable square feet of storage space in Room #105, as shown on the attached Exhibit A, in the building located at 209 West Page Street. USE LESSEE shall use and occupy the Leased Premises only as office and storaqe space for the Get Readv Program. Processing Information: .. �, Contreck 7�l b � � �) �v LS/ I""' Order. � �� ` / � � L 'r ��/ Number/Date/Entry Signature NumbedDatalSlgna re (/ndlvldual slgning certltles that funds have been � encumbered as requlred by Mlnn. Sta4 § 18A.15.] Oo -Sqa 3. 4. TERM The term of this Lease Agreement is two (21 years, commencing on July 1, 1998 and continuing through June 30. 2000. PAYMENT OF RENT 4.1 As rent for the Leased Premises and in consideration for all covenants, representations and conditions of the Lease Agreement, LESSEE agrees to pay to LESSOR the sum of Four Thousand Six Hundred Sixty Six and 53/100 Dollars ($4 666 53) for the term of the Lease Agreement, such amount shall be paid in accordance with the rent schedule set forth below, each monthly payment to become due and payable at the end of each calendar month. LEASE PERIOD 7/1/98 - 9/30/98 10/1/98 - 6/30/99 7/1/99 - 6/30/00 RATE PER SQ.FT. SQ• FT• 133 $10.76 225 $10.76 225 $11.08 TOTAL RENT FOR LEASE PERIOD $ 357.78 $1,815.75 2 493.00 $4,666.53 MONTHLY PAYMENT $119.26 $201.75 $207.75 4.2 LESSOR represents and warrants that it is solely entitled to all rents payable under the terms of this Lease Agreement. Payment of rent to: City of St. Paul Baker Center Division of Parks and Recreation Division of Community Services c/o Manager of Recreation 300 City Hall Annex 24 West 4'" Street St. Paul, Minnesota 55102 5. � TERMINATION This Lease Agreement may be terminated by either party for any reason at any time upon giving thirty (30) days prior written notice to the other party. DUTIES OF LESSOR LESSOR shall, at its expense, provide the following: 6.1 Utilities LESSOR shall bear the cost of qas. electricity, heat, lights, air conditioninq, sewer and water. Payment for the costs of said utilities does not warrant uninterrupted senrice by the utility provided. LESSOR shall not be responsible for damages caused by interrupted services. 6.2 Electrical Outlets: LESSOR shall provide adequate electrical outlets upon the Leased Premises for the normal office use. 6.3 Li htin : LESSOR shall provide the Leased P.remises with overhead lighting facilities su�cient to provide 70 foot candle power at desk level. 6.4 Restrooms: LESSOR shall provide the Leased Premises with separate restroom facilities for both men and women. Such facilities shall either be situated within the Leased Premises or easily accessible thereto. 2 8p - S°12- 6.5 Janitorial Service: LESSOR shall provide janitorial services and supplies to the Leased Premises and common areas of the building including replacement of light bulbs, starters and ballasts. 6.6 Trash Removal: LESSOR shall provide the Leased Premises with a means or system of waste or trash disposal. 6.7 Common Areas: LESSOR shall provide sufficient light, heat and maintenance to the common areas and public access areas to the Leased Premises, including stairways, elevators, lobbies, and hallways, so that such areas shall be safe and reasonably comfortable. 6.8 Snow Removai: LESSOR shall keep the public sidewalks adjacent to the building and any sidewalks or stairways leading from the public sidewalks to the building free from snow, ice and debris, including the parking lot. 6.9 Maintenance a. LESSOR shall maintain in working condition all appurtenances within the scope of this Lease Agreement, including the maintenance of proper plumbing, wiring, heating (and, where applicable, cooling) devices and ducfivork. b. LESSOR shall document maintenance on the heating, ventilating and air conditioning system i.e., filter changes and cleaning methods and procedures. 6.10 Repairs: LESSOR shall make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LESSOR shall not be responsible for repairs upon implements or articles which are the personal property of LESSEE, nor shall LESSOR bear the expense of repairs to the Leased Premises necessitated by damage caused by LESSEE beyond normal wear and tear. 6.11 Deliverv of Leased Premises: LESSOR covenants that it will deliver the Leased Premises to LESSEE in a clean and sanitary condition with all services and appurtenances included within the scope of this Lease Agreement in effect and in good running order. 6.12 Quiet En'Loyment: LESSEE shall have the quiet enjoyment of the Leased Premises during the full term of this Lease Agreement and any extension or renewal thereof. 6.13 Taxes and Assessments: LESSOR shall be responsible for payment of all taxes and assessments upon the Leased Premises. 6.14 Energy Conservation: In the event any kind of energy conservation measures are enacted by State or Federal authority, it is hereby agreed that LESSOR shall reduce the quantity of utilities and services as may be specifically required by such governmental orders or regulations. Utilities, within the meaning of this article, includes heat, cooling, electricity, water and all the sources of enerqy required to provide said service. 6.15 Exterior Lightin4: LESSOR shail provide adequate exterior lighting in the parking lots, building entrance%xits and loading dock areas. 6.16 Accessibilitv: LESSOR agrees to provide and maintain the Leased Premises and the building of which the Leased Premises are a part with accessibility and facilities meeting code requirements for handicapped persons, pursuant to all applicable laws, rules, ordinances and regulations as issued by any federal, state or local political subdivisions having jurisdiction and authority in connection with said property. 3 po - S� a- 6.17 Mana eq ment: LESSOR agrees that in exercising its management responsibilities of the property of which the Leased Premises are a part, including the maintenance, repair, alterations and construction relating thereto, it shall comply with all applicable laws, statutes, rules, ordinances and regulations, including but not limited to building code, disabilities access, zoning, air quality, pollution control, recyclable materials and prevailing wage requirements, as issued by any federai, state or local political subdivisions having jurisdiction and authority in connection with said property. 7. DUTIES OF LESSEE 7.1 LESSEE shall allow access to the Leased Premises by LESSOR or its authorized representatives at any reasonable time during the life of this Lease Agreement for any purpose within the scope of this Lease Agreement. 7.2 LESSEE shall not use the Leased Premises at any time for any purpose forbidden by law. 7.3 LESSEE shail not assign, sublet, or otherwise transfer its interest in this Lease Agreement without the prior written consent of LESSOR. 7.4 LESSEE shall make no alterations, additions, or changes in the Leased Premises without the advance written consent of LESSOR. All aiterations, additions, improvements and fixtures, which may be made or installed by LESSOR upon the Leased Premises and which in any manner are attached to the floors, walls or ceilings, a1 the termination of this lease shall remain the property of LESSOR, and shall remain upon and be surrendered with the Leased Premises as a part thereof, without damage or injury beyond normal wear and tear and floor covering affixed to the floor shall likewise become the property of LESSOR. 7.5 LESSEE agrees to observe reasonable precautions to prevent waste of heat, electricify, water, air conditioning any other utility or any service, whether such is furnished by LESSOR or obtained and paid for by LESSEE. 7.6 Smokinca: Pursuant to Minnesota Statute 16B.24, Subd. 9(1993), LESSOR and LESSEE shall not permit smoking in the Leased Premises. 8. USABLE SPACE MEASUREMENTS It is understood by LESSOR and LESSEE that the rent schedule is based upon the number of usable square feet of space occupied by LESSEE. Usable square feet for purposes of the Lease Agreement and calculating rent shall be computed by measuring the inside finished surFace of exterior walis to the inside finished surface of building corridor and other permanent walls or to the center of walls separating the Leased Premises from other tenant space. If more than 50% of an exterior wall is glass, the dimension is taken from the glass line. Vertical shafts, elevators, stairwells, dock areas, mechanical rooms, and utility and janitor rooms are excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are aiso excluded. No deductions are made for columns, pilasters or othe� projections to the buiiding if each is less than four (4) square feet. 9. DESTRUCTION OF PREMISES If the Leased Premises shall be destroyed or damaged by fire, tornado, flood, civil disorder, or any cause whatsoever, so that the Leased Premises become untenantable, or LESSEE is unable to conduct its business, the rent shali be abated from the time of such damage and both LESSOR and LESSEE shall have the option of terminating this Lease Agreement upon fifteen (15) days written notice or allowing LESSOR a reasonable amount of time to restore the damaged Leased Premises to tenantable condition. � �0-Sqa- 10. INSURANCE 10.1 Property Damage. It shali be the duty of LESSOR and LESSEE to maintain insurance or self-insurance on their own property, both real and personal. Notwithstanding anything apparently to the contrary in this Lease Agreement, LESSOR and LESSEE hereby release one another and their respective partners, officers, employees and property manager from any and all liability or responsibility to the other or anyone claiming through or under them by way of subrogation or otherwise for loss or damage, even if such loss or damage shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible. 10.2 Liability. LESSOR and LESSEE agree that each party will be responsibie for its own acts and the results thereof to the extent authorized by law and shal! not be responsible for the acts of any others and the results thereof. LESSEE'S liability shall be governed by fhe provisions of the Minnesota Tort Ciaims Act, Minnesota Statutes, Section 3.736, and other applicable law. 11. BUILDING ACCESS LESSOR shall provide for access to the Leased Premises from 7:00 a.m. to 9:00 p.m., Monday through Friday. However, LESSOR shall provide for access to the Leased Premises seven days per week, twenty-four hours per day for authorized employees of LESSEE. 12. NOTICES All notices, or communications between LESSOR and LESSEE shall be deemed sufficiently given or rendered if in writing and delivered to either party personally or sent by registered or certified mai! addressed as foUows: LESS�R: City of St. Paul Baker Center Division of Parks and Recreation Division of Community Services c/o Manager of Recreation 300 City Hall Annex 24 West 4"' Street St. Paul, Minnesota 55102 LESSEE: State of Minnesota Department of Administration Real Estate Management Division 50 Sherburne Avenue, Room 309 St. Paul, Minnesota 55155 with a copy to the occupant of the Leased Premises. Al! origina! bills and statements from LESSOR to LESSEE shall be mailed or personally delivered to the occupant of the Leased Premises only. 13. NEW LESSOR In the event the l.eased Premises or the buiiding of which the same is a part shall be sold, conveyed, transferred, assigned, leased or sublet, or if LESSOR shatl sell, convey, transfer, or assign this Lease Agreement or rents due under this Lease Agreement, or if for any reason there shall be a change in the manner in which the rental reserved hereunder shall be paid to LESSOR, proper written notice of such change must be delivered to LESSEE as promptly as possible. LESSEE'S "Transfer of Ownership of Lease" documenf shafl be executed by the parties in order that the State of Minnesota, Department of Finance is provided with authorization to issue payments to a new party. 5 0 O-- S q a- 14. DEFAULT BY LESSOR If LESSOR shall default in the pertormance of any of the terms or provisions of this Lease Agreement, LESSEE shall promptly so notify LESSOR in writing. If LESSOR shall fail to cure such default within thirty (30) days after receipt of such notice, or if the default is of such character as to require more than thirty (30) days to cure, and LESSOR shall fail to commence to do so within thirty (30) days after receipt of such notice and thereafter diligently proceed to cure such default, than in either event, LESSEE may cure such default and any reasonable and actual expenses paid by LESSEE shall be paid by LESSOR to LESSEE within ten (10) days after statement therefore is rendered. LESSEE shall have a specific right to set-off any such amounts against any rent payments or other amounts due under this Lease Agreement. In lieu of curing said default, LESSEE shali have the specific right to set-off against any rent payments or other amounts due under this Lease Agreement any damages incurred through the LESSOR'S breach. This provision in no way limits LESSEE'S other remedies for breach under common law or this Lease Agreement. 15. DEFAULT BY LESSEE In the event of any failure of LESSEE to pay any rental due under this Lease Agreement within thirty (30) days after the same shall be due, or any failure to perForm any other of the terms, conditions or covenants of this Lease Agreement to be observed or performed by LESSEE for more than thirty (30) days after written notice of such default has been given to LESSEE, LESSOR shall have the right, at its option, to terminate this Lease Agreement and upon such termination LESSEE shall quit and surrender the Leased Premises to LESSOR. Upon such termination, LESSOR or LESSOR'S agent may reenter the Leased Premises and remove all persons and all or any therefrom by proceeding at law, and thereby repossess and enjoy the Leased Premises; and by such repossession and reentry, LESSOR shall not be deemed to have waived its right (if any) to collect rent due (if any) from LESSEE hereunder or to enforce the other obligations of LESSEE hereunder. 16. AUDIT Pursuant to Minnesota Statutes, Section 16B.06, Subdivision 4, the books, records, documents and accounting procedures and practices of LESSOR relevant to this Lease Agreement shall be subject to examination by the State and/or Legislative Auditor during normal business hours and after reasonable notice to LESSOR. 17. EMINENT DOMAIN In the event of a taking of any portion of the Leased Premises which would make the remainder of the Leased Premises untenantabie, in the sole but reasonable opinion of LESSEE, this Lease Agreement shail terminate on the date of such taking, and the rent required to be paid by LESSEE hereunder shall be apportioned and paid to the date of such taking. In the event of any such taking, LESSOR and LE�SEE shall together make one claim for an award for their combined interests in the property and the net award received (after deduction of reasonable fees and expenses of collection, including, but not limited to reasonable attorneys' fees) shall be paid to LESSOR (including the value of the leasehold), except that LESSEE shali be entitled to any separate award made for its trade tbctures or for moving expenses. b. In the event of a taking of any portion of the property or the Leased Premises which would not make the remainder of the Leased Premises untenantable, this Lease Agreement shall continue in full force and effect; provided the rent is prorated to reflect the usable area of the Leased Premises which is rendered untenantable by such taking, and LESSOR shall, at its expense, proceed with reasonable diligence (subject to unavoidable delays), to commence and complete restoration. Ail awards payable as a result of any taking shall (after deduction of reasonable fees and expenses of collection, including, but not limited to reasonable attorney's fees) be paid to LESSOR (including the C� . � aa - s °12- value of the leasehold), except that LESSEE shali be entitled to any separate award made for its trade fixtures or for moving expenses. 18. HAZARDOUS SUBSTANCES a. "Hazardous Substances" is defined to mean any and ali substances or materials that are categorized or defined as hazardous or toxic under any present or future local, state or federal law, rule or regulation pertaining to environmental regulation, contamination, cleanup or disciosure including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as now or hereafter amended ('CERCLA'), the Resources Conservation and Recovery Act, as now or hereafter amended (`RCRA'), the Supertund Amendments and Reauthorization Act of 1980, as now or hereafter amended ('TSCA'), the Minnesota Environmental Response and Liability Act ('MERLA'), or any similar statutes or regulations, and any wastes, pollutants and contaminants (including without limitation, materials containing asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls ('PCBs'), and petroleum products including gasoline, fuel oil, crude oil and various constituents of such products.) b. LESSOR warrants and covenants that it did not, and will not in the future, install, use, generate, store, dispose of or release on or about the building or the land of which the Leased Premises or the Building of which the Leased Premises are a part, except for immaterial quantities of any Hazardous Substances customarily used in the construction and maintenance of like properties or in other uses of the Leased Premises or the building or land of which it is a part which have been used in accordance with applicable laws, statutes, regulations and ordinances then in effect. LESSOR further agrees to indemnify and hold LESSEE (and its officers, partners, employees, agents and directors) harmless from and against any claim, damage, loss, fine or any other expense (including without limitation clean-up costs, court costs, attorneys' fees, engineering or consultant fees, other costs of defense and sums paid in settlement of claims) arising out of LESSOR'S instaliation, use, generation, storage, disposal or release of any Hazardous Substances in or about the Leased Premises or the building or the land of which the Leased Premises are a part. c. LESSOR represents and warrants there are no Hazardous Substances present within the Leased Premises, the building or the land of which the Leased Premises are a part. In the event a qualified environmental testing company determines that Hazardous Substances do exist, in greater than immaterial quantities, in or about the Leased Premises or the building or land of which the Leased Premises are a part, LESSEE, at its option, may terminate this Lease Agreement with sixty (60) days written notice to LESSOR. BC dprcospcs lease.doc 7 00 -s�� IN WITNESS WHEREOF, the parties have set their hands on the date(s) indicated below intending to be bound thereby. APPROVED: LESSOR: STATE OF MINNESOTA CITY OF ST. PAUL, DIVj81lpN OF PARKS HIGHER EDUCATION SERVICES OFFICE BY_�� — ' ��� `��� . Title I �,G�caxu*� � Date s �-��yy � `r� �� . �%i.:' . ��� � , , � �� � '�� o'�� 0 �"�7�rS'��«. Z/`/�/ � By Title Date CITY ATTORNEY � � _�� LESSEE: STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION COMMISSIONER By C� JR.f�dQ1�1 / . �,1i� Real Estate Management Division Date ma ;t 0 G 2000 As to form and execution OFFICE OF THE ATTORNEY GENERAL Origi►wl signed By nnaQ n 7 �nnn Legal Assistant by Patricio S. Nolte council File # �p� S9 �.. Green Sheet # �O\O'..� L � Presented By Referred to Committee: Date 1 2 3 4 5 6 7 8 9 lo li WIiEREAS, the City of Saint Paul has entered into a lease agreement with the State of Minnesota, Department of Administration, acting for the benefit of the Higher Education Services Office, Get Ready Program for space in the Baker Community Center, which e�cpires June 30, 2000; and WHEREAS, parties to the Lease Agreement wish to extend the term of the lease for an additional three year period to the same terms and conditions as the original Agreement, except for those changes set forth in the attached Amendment of Lzase; now, therefore be it RESOLVED, that the Division of Parks and Recreation is authorized to enter into the attached Amendment to the Lease Agreement with the State of Minnesota, Department of Administration for the lease of space in the Baker Community Center. Requested by: Divisit6n of Parks and V °Y • (C- Adopted by Council: Date �_.__ _�\ �a ppZ� ° Adoption Certified by Council Secretary $Y �l \ _ a- i'—} Approved by Ma or: Date: �I�'�L 27`LQ� By: st� K� Form Approved by City j BY� �/ Approved by Fiayor for Submission to Counci sy: ��, rlAl'ti-, � �✓ oe-S�a� DFPARTMEN7/OFFCE/COUNqL DATEINITATED GREEN SHEET NO. 101036 Parks and Recreation 5-3-00 CONTACT PEASON ANO PHONE INITIAI/DATE INITI/VJDATE VinCeGiIIBSpi6 266-6408 � 7 OEPAR7MENTDIflECTOP 4 ancouNa� w M �arn ? CITVATfORNEY __GITYCLtliK MUSf eE ON CAUNCII AGENDA 8Y {DATEI AW � pqqNq/LL $Qyy�CE$ Dlq. OHDER _ _ 3 MAVORIORASSISTANT7 J PBtICS TOTAl;OF51GNpTUREPAGES [dlVAlilAGA110NSFOR81tiNAT1�iF.1 ACiION HEQUESfm: Approve resolution directing the Division of Parks and Recreation to renew the existing lease agreement with Higher Education Services O�ceJGet Ready Progrem for office space at Baker Community Center. RECOMMENDATIONS ApprornfAlorRnjact(Fll P9180NPL89IViCEC�N7RACTSMU6TANSW�TXEFOLLOWIN6QUES110N5: __PLANNING COMMISSION _CML SERVICE GoMMISSION �, Naa ttns persoNhrm ev<r worked under a convact tor ttua devattment'+ CIB COMMITTEE _ YES NO A� STAFF 2. Haa thie personlfrtm ever been a city empioyee? OISTqICT COUNCIL YES NO -- — 3. Ooe3 ihis pe�soNfum poSSeas a sYVll fwt fwtmally puasesaed by any wYre�t city empl0yee� SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO ERplein W yn emwen on aeperete ehee[ e�q attech m q�een aheet. INITIATING PqOBLEM, ISSUE, OPPOftTUNITV IWho. Whap VJhen, Where, WMyL' `� Higher Education Services Office/Gei Ready Program leases office space at Baker Community Center. The lease expires June 30, 2000 and a senewal lease must be executed. ADVANTAGESIFAPPflOVED: pISADVANTAGESIF APPFtOVED: JUN � � Z0a0 CITY ATTORN�� OISADVANTAGES IF NOT APPROVED: �i41.H� �A3@'dPCfl �i@(E�2P ,���! Q � 24�0 TOTAL AMOUNT OF TRANSACTION $ �V7 � 627 . 56 COSTMEYBYIIEeVD6Efm (CIIiCtE ONEI _�( YES j NO `J WIVqNGSOUflCE R211t Pdld A �� n . N � 6 � 23102 FINANqAL INFORMASION: (EXPLAINI ✓ po -. s1�.. S'i'ATE OF MtNNESOTA AMENDMENT OF IEASE Amendment No.1 to Lease Agreement No.10892 Accounting Distribution 1: � Accounting Distribution 2: Accounting Distribuiion 3: Proeesstng Infomt lon: ��� � NumberlDatelEntry Stpnafure (MdiNdual tlgning eerf/!!ea �st (rmCS have been __ _+ntumbtrob ss roqulrod byMln2 Siat f f6A.l5.J THIS AGREEMENT made this 14"' day of A�ril. 2000. by and between tfia �� Ra�sattuon. 3vv �,m nan r�nnex z4 west 4" Street 5t PaW Minnesota 55102, hereinafter referred to as LESSOR, �nd the State of Minnesota, Departmant of Administration, hereinafter refeRed to as LESSEE, acfing for the benefit of the Hicther Education Services Office� Gei Ready Program, shall be an amendmertt artd addftion to Lease Agreement tVo.10892. WITNESSETH: WHEREAS, LESSOR and LESSEE entered i�to Lease Agreement No. 10892, dated invoiving the rental of appraximateiv 225 usabie svuare feet consistina of � 33 us�hie to be used as office and storaae space and WHEREAS, the parties deem ce�tain amendments and additional terms and conditions mutuatly bsneficia{ for the effective continuation of said Lease Agreement, p p_ S°1� NOW TNEREFORE, LESSOR and LESSEE agres to substitutian and/or addition of the foflowing terms and conditions, which shal{ become a part of the Lease Agreement No. 10892 effective as of the date set forth hereinafter. LEASE RENEWAL 2. 3. 4. LESSOR and LESSEE hereby agree that this Lease Agreement shall be renewed for an additional term ofi three l3) vears, commencing on Julv 1. 2000, and continuing thraugh June 30, 2Q03• at the same terms and conditions as set forth in the Lease Agreement, except as provided for herein. RENT LESSEE agrees to pay to LESSOR for the renewaf term the sum of Seven Thousand Six Hundred Twentv Seven and 56i100 Dollars ($7,627.561; such amount shai! b� paid at the end of each calendar month in accordance wfth the rent schedule set forth below: LEASE PERIOD 711/00 — 6f30/41 711101 — 6/30/02 71i/02 — 6/30/d3 RATE PER SQ. FT. $11.19 $i i.30 $11.4i TOTAL RENT FOR LEASE PERIOD $2,517.72 $2,542.56 2 567.28 $7,627.56 MONTHLY PAYMENT $zos.ay $211.88 $218.94 Ciause 16 of the Lease Agreement is canceled and superseded with the fotlowing: 16. Pursuant to Minnesota Statutes, Section 16C.05, Subdivision 5, the books, records, documents and accounting procedures and practices of LESSOR relevant to this Leasa Agreement shall be subject to examination by the State andJor Legislative Auditor, as appropriate, for a minimum of s� (6j years. Except as modified by the provisions of this Amendment, said Lease Ag�eement is ratified and confirmed as originaliy written. � ,, do —S1�- {N WITNESS WHEREOF, to be bound thereby. the parties have set their hands on the date(s) indicated below intending APPROVED: STATE OF MINNESOTA HIGHER EDUCAT ON SERVICES OFFICE By � � r�e "..� wl �.�..,«�./�.�., Date �Sr��a As to form and execution OFFICE OF THE ATTORNEY GENERAL � Legal Assistant Date i.ESSOR: CITY OF ST. PAUL, BAKER COMMUNITY CENTER, DIVISION OF PARKS AND RECREATION ay Td{e Date By Title Date LESSEE; STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION COMMISSIONER By Rea{ Estate Management Division Date 3 pra �- Sg�— STATE OF MINNESOTA LEASE TOTAL AMOUNT See Clause 4 (Annual) THIS LEASE AGREEMENT is made by and between �EasE No. 1 $92 west a°• 5treet. St. Paul Minnesota 55102, hereinafter referred to as LESSOR, and the STATE OF MINNESOTA, Oepartment of Administration, hereinafter referred to as LESSEE, acting for the beneFt of the Hiaher Education Services Office• Get Readv Program. WtTNESSETH: LESSOR and LESSEE, in consideration of the rents, covenants and considerations hereinafter specified, do hereby agree each with the other as foilows: IFJ�SEO PREMISES LESSOR gra�ts and LESSEE accepts the lease of the following described Leased Premises located in the City of St. Paul, County of Ramsev, Minnesota, to-wit: From July 1, 1998 to September 30, 1998 approximately One Hundred Thirtv Three (1331 usable square feet of office space in Room #102. From October 1, 1998 to June 30, 2000 approximately Two Hundred Twentv Five (2251 usable square feet co�sisting of One Hundred Thirtv Three f133) usable squate feet of office space in Room #�02 plus Nineri Two 92 usable square feet of storage space in Room #105, as shown on the attached Exhibit A, in the building located at 209 West Page Stceet. 2. USE LESSEE shall use and occupy the Leased Premises only as office and storaae soace for the Get Readv Proaram. 0 Processing / In ' format Q l�on: o h/ y � /7 / Coniract: 7�� 0 I � � Order. / �J � ! � / C l ���� NumbenDare/EntrySgnature / Number(DatelSigna re ryntlfHduals/gn/ng certtfies Urat lunds have 6een eneum6eredasrequired6yMinn SUt ¢16q15j �o - Sqa- 3. TERM The tertn ofthis �ease Agreement is rivo (2) vears, commencing on Julv �. �998 and continuing through June 30. 2000. 4. PAYMENT OF RENT 4.� As rent for the Leased Premises and in consideration for ail covenants, representations and conditions of the Lease Agreement, LESSEE agrees to pay to LES50R the sum of Four Thousand Six Hundred S1mi Six and 53/100 Doilars ($4 666 531 for the term of fhe Lease Agreement, such amount shall be paid in accordance with the rent schedule set forth below, each monthty payment to become due and payable at the end of each calendar month. LEASE PERIOD 71U98 - 9/30/98 10/1/98 - 6/30/99 7/1/99 - 6l30f00 RATE PER SQ.FT. SQ. Ff. 133 $10.76 225 $10.76 225 $1'I.OS TOTAL RENT FOR MONTHLY LEASE PERlOD PAYMENT $ 357.78 $119.26 $'1,875.75 $261.75 2 493.00 $207.75 $4,668.53 4,2 LESSOR represents and warrants that it is solely antitled to al! rents payable under the terms of this Lease Agreement. Payment of rerrt to: City of St. Pauf Baker Center Division of Parks and Recreation Division of Community Services c/o Manager of Recreation 300 Ciry Hall Annex 2A West 4'" Street St. Paul, Minnesota 55102 5. � TERMINATION This Lease Agreement may be terminated by either party for any reason at arry time upon giving thirty (30) days prior written notice to the ofher party. DUTIES OF LESSOR LESSOR shaA, at its expense, provide the following: 6.1 Utilities: LESSOR shall bear the cost of gas electriciN heat liqhts air conditioninq, sewer and water. Payment 4or the costs of said utilities does not warrant uninterrupied service by the uiility provided. LESSOR shall nof be responsible for damages caused by interrupted setvices. 6.2 Electrical Outlets: LESSOR shall provide adequate electrical outlets upon the Leased Premises for the normal office use. 6.3 Li9htina: LESSOR shall provide the Leased Premises with overhead lighting facilities sufficient to provide 70 foot candie power at desk level, 6.4 Resfrooms: LESSOR shall provide the Leased Premises wifh separate restroom facilities for both men and women. Such facilities shall either be situated within the Leased Premises or easily accessible thereto. _ 2 00 -- Sq2 6.5 Janitorial Service: LESSOR shall provide janitoriai services and s�pplies to the Leased Premises and common areas of the buiiding including replacement of light bulbs, starters and ballasts. 6.6 Trash Removal: LESSOR shall provide the Leased Premises with a means or system of waste or trash disposal. 6.7 Common Areas: LESSOR shail provide sufficient light, heat and malntenance to fhe common areas and public access areas to the Leased Premises, including stairvrays, elevators, lobbies, and haliways, so fhat such areas shali be safe and reasonably comfortable. 6.8 Snow Removai: LESSOR shall keep the pubtic sidewalks adjacent to the building and any sidewa{ks or stairvrays leading from the public sidewaiks to the building free from snow, ice and debris, including the parking lot. 6.9 Maintenance a. LESSOR shail maintain in working condition atl appurtenances within the scope of this Lease Agreement, including the maintenance of proper p4umbing, wiring, heafing (and, wfiere app{icable, cooling) devices and ductwork. b. LESSOR shall document maintenance on Yne heating, ventilating and air conditioning system i.e., fifter changes and cleaning methods artd procedures. 6.10 Reoairs: LESSOR shall make such necessary repairs so as to continue to provide afl such service appuAenances as are required by this Lease Agreement, prwided, however, that LESSOR shall not be responsible for repairs upon implements or articles which are the personai property of LESSEE, nor shall LESSOR bear the expense of repairs to the Leased Premises necessitated by damage caused by LESSEE beyond nocmal wear and tear. 6.11 Deliverv of Leased Premises: LESSOR covenants that it will deliver the Leased Premises to LESSEE in a clean and sanitary condition with all services and appurtenances included within the scope of this Lease Agreement in effect and in good running order. 6.12 Quiet Eniovment: LESSEE shall have the quiet enjoyment of the Leased Premises during the full term of this Lease Agreement and any extension or renewal thereof. 6.13 Taxes and Assessments: LESSOR shail be responsible for payment of aIl taxes and assessments upon the leased Premises. 6.14 Energv Conservatio�: 1� the event any kind of energy conservation measures are enacted by State or Federal auihority, it is hereby agreed thai LESSOR shall reduce the quantity of utilities and services as may be specifically required by such govemmenfal orders or regutations. Utilities, within the meaning of this article, includes heat, cooling, electrici!y, water and all the sources of energy required to provide said service. 6.15 Exterior Liqhtinq: LESSOR shall provide adequate exterior lighting in the parking lots, buiiding entrancelexits and loading dock areas. 6.16 Accessibiliiv: LESSOR agrees to provide and maintain the Leased Premises and the building of which the Leased Premises are a part with accessibility and facilities meeting code requirements for handicapped persons, pursua�t to all applica6le laws, rules, ordinances and regulations as issued by any federal, state or local political subdivisions having jurisdiction and authority in connection with said property. 00 -s�� 6.17 Manaaement: LESSOR agrees that in exercising its management responsibil"rties of the property of which the Leased Premises are a part, including the maintenance, repair, alterations and construc[ion refating thereto, it shall comply w'sth all applicable laws, statufes, rules, ordinances and regulations, inGuding but not IimiEed to building code, disabil'dies access, zoning, air quality, pollution control, recyclable materials and prevailing wage requirements, as issued by any fedecat, stafe or Iocal polificaf subdivisions having jurisdiction and authority in connection wiih said property. DUTIES OF IESSEE 7.1 LESSEE shali allow access to the Leased Premises by LESSOR or its aufhorized sepresentatives at any reasonable time during the 1'rfe of this Lease Agreement for any purpose within the scope of this Lease Agreement. 7.2 LESSEE shail not use the Leased Premises at any time for any purpose forbidden by law. 7.3 LESSEE shall not assign, sublet, or othenvise transfer its interest in this Lease Agreement without the prior written consent of LESSOR. 7.4 LESSEE shall make no alterations, additions, or changes in the Leased Premises without the advance written consent of LESSOR. A11 alterations, additions, improvements and fixtures, which may be made or insta0ed by I,ESSOR upon the Leased Premises a�d which in any manner are attached to the floors, waNs or ceilings, at the termination of this lease shall remain the property of LESSOR, and shall remain upon and be surrendered with the Leased Premises as a part thereof, without damage or injury beyond normal wear and tear and floor covering aHixed to the floor shall likewise become the properry of LESSOR. 7.5 LESSEE agrees to observe reasonable precautions to prevent waste of heat, electriciry, water, air conditioning any other utility or any service, whether such is furnished by LESSOR or obtained and pa+d for by LESSEE. 7.6 Smokinq: Pursuant to Minnesota Statute 16B24, Subd. 9(1993), LESSOR and LESSEE sfialf not permit smoking in the Leased Premises. 8. USABLE SPACE MEASUREMENTS It is understood by LESSOR and LESSEE that the rent schedule is based upon the number of usabfe square feet of space occupied by LESSEE. Usable square feet for purposes ofi the Lease Agreement and calculating rent shail be computed by measuring the inside finished surface of euterios walls to the inside finished su+face of building corridor and other permanent walls or to the center of wails separating the Leased Premises from other tenant space. If more than 50% of an exterior wall is glass, the dimension is taken from the glass line. Vertical shafts, eievators, stairvaefls, dock areas, mechaniql rooms, and utifity and janitor rooms are exciuded. Restrooms, corridors, lobbies and receiving areas which are accessible to the generat public or used in common with other tenants are also excluded. No deduetions are made for co{umns, pilasters or oiher projections to the building if each is less than four (4) square feet. 9. DESTRUCTION O� PREMISES If the Leased Premises shall be destroyed or damaged by fire, tornado, flood, civil disorder, or any cause whatsoever, so that the Leased Premises become untenantable, or LESSEE is unable to conduct its business, the rent shai! be abated from the time of such damage and both LESSOR and IESSEE shall have the option of tertninating this Cease Agreemerrt upon frfteen (15) days written notice or aliowing LESSOR a reasonable amount of time to restore the damaged Leased Premises to tenantabie condition. �� --s�a- 10. INSURANCE 10.1 Property Damage. It shall be the dufy of LESSOR and LESSEE to maintain insurance or setf-insurance on their own property, bofh real and personal. Notwithstanding anything apparently to the confrary in fhis Lease Agreement, LESSOR and LESSEE hereby release one another and their respective partners, officers, emp(oyees and properLy manager from any and a!I liab'slity or responsibility to ffie other or anyone claiming through or under them by way of subrogation or otherwise for loss or damage, even if such loss or damage shail have been caused by the fauH or negligence of the other parfy, or anyone for whom such party may be responsible. 102 Liability. LESSOR and LESSEE agree that each parfy wilf be responsi6le for its own acts and the resufts thereof to the extent authorized by law and shalf noY be responsible for the acts of any others and the results thereof, LESSEE'S lia6ility shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section 3.736, and other applicable law. 11. BUILDING ACCESS LESSOR shall provide for access to the Leased Premises from 7:00 a.m. to 9:00 p.m., Monday through Friday. However, LESSOR shali provide for access to the Leased Premises seven days per week, twenty-four hours per day for aufhorized employees of LESSEE. 12. NOTICES All notices, or communications between LESSOR a�d IESSEE shall be deemed sufficiently given or rendered 'rf in writing and defivered to either party personaliy or sent by registered or certified mail addressed as follows: LESSOR: City of St. Paul Baker Center pivision of Parks and Recreation Division of Community Services c/o Manager of Recreation 300 City Hali Annex 24 West 4'" Street St. Paui, Minnesota 55102 LESSEE: State of Minnesota Department of Administration Reai Estate Management Division 50 Sherbume Avenue, Room 309 St. Paul, Minnesota 55155 with a copy to the occupant of the Leased Premises. Ali originai biils and statements from LESSOR to LESSEE shall be mailed or personally delivered to the occupant of the Leased Premises only. 13. NEW LESSOR !n the event the Leased Premises or the bui{ding of which tfie same is a part shall be sold, conveyed, transferred, assigned, Ieased or sublet, or if LESSOR shall seil, canvey, transfer, or assign this Lease Agreement or rents due under this Lease Agreement, or if for any reason there shall be a change in the manner in which the rental reserved hereunder shall 6e paid to IESSOR, proper written notice of such change must be defivered to LESSEE as promptly as possibfe. LESSEE'S "Transfer of Ownership of Lease" document shall be executed 6y the paRies in order that the Sfate of Minnesota, Department of Finance is provided with authorization to issue payments to a new party. Do—saa value of the leasehold), except that LESSEE shall be entitled to any separate award made for its trade fixtures or for moving expenses. 18. HAZARDOl1S SUSSTANCES a. "Hazardous Substances" is defined to mean any and ail substances or mate�ials that are cafegorized or defined as hazardous or toxic under any present or future local, sfate or federa! law, rule or regufation pertaining to environmental regulation, contamination, cleanup or disclosure including without limitation, the Comprehensive Environmentai Response, Campensation and Liability Act of 1980, as now or hereafter amended {'CERCLA'), the Resources Conservation and Recovery Act, as now or hereafter amended (`RCRA'), the Supertund Amendments and Reauthorization Act of 1980, as now or hereafter amended ('TSCA'), the Minnesota Environmentaf Response and Liability Act (`IVIERLA'), or any similar statutes or regulations, and any wastes, poilutants and contaminants (including without limitation, materials containing asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls (`PCBs'), and petroleum products inciuding gasoline, fuel oii, crude oi{ and various constituents of such products.) b. LESSOR warrants and covenants that it did not, and wil! not in the future, instat{, use, generate, store, dispose of or release on or about the building or the land of which the Leased Premises or the Building of which the Leased Premises are a part, except far immaterial quantities of any Hazardous Substances customarily used in fhe construction and maintenance of like properties or in other uses of the Leased Premises or ths building or land of which it is a part which have been used in accordance with applicable faws, statutes, regulations and ordinances then in effect. LESSOR further agrees to indemnify and hoid LESSEE (and its officers, partners, employees, agents and directors) harmless from and against any claim, damage, loss, fine or any other expense (including without fimitation ciean-up costs, court costs, attorneys' fees, engineering or consultant fees, other costs of defense and sums paid in settlement of claims) arising out of LESSOR'S installation, use, generation, storage, disposal or release of any Hazardous Substances in or about the Leased Premises or the buiiding or the land of which the Leased Premises are a part. c. LESSOR represents and warrants there are no Hazardous Substances present within the Leased Premises, the bui{ding or the land of which the Leased Premises are a part. In the event a qualified environmental testing company determines thaf Hazardous Substances do exist, in greater than immaterial quantities, in or about the Leased Premises or the building or land of which the Leased Prem+ses are a part, LESSEE, at its option, may terminafe fhis Lease Agreement with sixty (60) days written notice to LESSOR. BC dprcospcs lease.doc p� - S°t?r IN WlTNESS WHEREOF, the parties have set fheir hands on the date(s) indicated beiow intending to be bound thereby. APPROVED: STATE OF MINNESOTA HIGHER EDUCATION SERVICES OFFICE By ,r.�C�K, k� � Titie l,�2u� _� �./�x�� � Date � 131�"5 LESSOR: C{TY OF ST. PAUL, DIV AND ECREATION i � Title I <�< <T � � Date z-//` Z�� d OF PARKS i� ° FINANCIAL SERVICES ,�25- ac3102. Z -o , �' �o�2e( d ,Q< < Date CITY ATTORNEY �/� p,��� ,� �,.,,,�.� � LESSEE: STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION COMMISSIONER BY �.(�CILll�l / �.2��-('xJ Reai Estate Management Division �naj a s 2000 As to form and execution OFFICE OF THE ATTORNEY GENERAL Origirwl signed By nnno n � �nnn Legal Assistant Date bY Pa�'��a S. Noli �o -s aa- (, t , � � � � � ��` � � a � �, = � .� � � � � 1�` � �s �j � .- s� 2- STATE OF MINNESOTA LEASE TOTAL AMOUNT See Clause 4 (Annual) LEASE NO. I OH92 THIS LEASE AGREEMENT is made by and between City of St Paul, Baker Center, Division of Parks and Recreation. Division of Community Services. c/o Manager of Recreation. 300 City Hall Annex 24 West 4`" Street. St. Paul, Minnesota 55102, hereinafter referred to as LESSOR, and the STATE OF MINNESOTA, Department of Administration, hereinafter referred to as LESSEE, acting for the benefit of the Higher Education Services Office; Get Ready Program. WITNESSETH: LESSOR and LESSEE, in consideration of the rents, covenants and considerations hereinafter specified, do hereby agree each with the other as follows: LEASED PREMISES LESSOR grants and LESSEE accepts the lease of the following described Leased Premises located in the City of St. Paul, County of Ramsev, Minnesota, to-wit: From July 1, 1998 to September 30, 1998 approximately One Hundred Thirty Three (1332 usable square feet of office space in Room #102. From October 1, 1998 to June 30, 2000 approximately Two Hundred Twenty Five (225� usabie square feet consisting of One Hundred Thirty Three (1331 usable square feet of o�ce space in Room #1D2 plus Ninety Two (92) usable square feet of storage space in Room #105, as shown on the attached Exhibit A, in the building located at 209 West Page Street. USE LESSEE shall use and occupy the Leased Premises only as office and storaqe space for the Get Readv Program. Processing Information: .. �, Contreck 7�l b � � �) �v LS/ I""' Order. � �� ` / � � L 'r ��/ Number/Date/Entry Signature NumbedDatalSlgna re (/ndlvldual slgning certltles that funds have been � encumbered as requlred by Mlnn. Sta4 § 18A.15.] Oo -Sqa 3. 4. TERM The term of this Lease Agreement is two (21 years, commencing on July 1, 1998 and continuing through June 30. 2000. PAYMENT OF RENT 4.1 As rent for the Leased Premises and in consideration for all covenants, representations and conditions of the Lease Agreement, LESSEE agrees to pay to LESSOR the sum of Four Thousand Six Hundred Sixty Six and 53/100 Dollars ($4 666 53) for the term of the Lease Agreement, such amount shall be paid in accordance with the rent schedule set forth below, each monthly payment to become due and payable at the end of each calendar month. LEASE PERIOD 7/1/98 - 9/30/98 10/1/98 - 6/30/99 7/1/99 - 6/30/00 RATE PER SQ.FT. SQ• FT• 133 $10.76 225 $10.76 225 $11.08 TOTAL RENT FOR LEASE PERIOD $ 357.78 $1,815.75 2 493.00 $4,666.53 MONTHLY PAYMENT $119.26 $201.75 $207.75 4.2 LESSOR represents and warrants that it is solely entitled to all rents payable under the terms of this Lease Agreement. Payment of rent to: City of St. Paul Baker Center Division of Parks and Recreation Division of Community Services c/o Manager of Recreation 300 City Hall Annex 24 West 4'" Street St. Paul, Minnesota 55102 5. � TERMINATION This Lease Agreement may be terminated by either party for any reason at any time upon giving thirty (30) days prior written notice to the other party. DUTIES OF LESSOR LESSOR shall, at its expense, provide the following: 6.1 Utilities LESSOR shall bear the cost of qas. electricity, heat, lights, air conditioninq, sewer and water. Payment for the costs of said utilities does not warrant uninterrupted senrice by the utility provided. LESSOR shall not be responsible for damages caused by interrupted services. 6.2 Electrical Outlets: LESSOR shall provide adequate electrical outlets upon the Leased Premises for the normal office use. 6.3 Li htin : LESSOR shall provide the Leased P.remises with overhead lighting facilities su�cient to provide 70 foot candle power at desk level. 6.4 Restrooms: LESSOR shall provide the Leased Premises with separate restroom facilities for both men and women. Such facilities shall either be situated within the Leased Premises or easily accessible thereto. 2 8p - S°12- 6.5 Janitorial Service: LESSOR shall provide janitorial services and supplies to the Leased Premises and common areas of the building including replacement of light bulbs, starters and ballasts. 6.6 Trash Removal: LESSOR shall provide the Leased Premises with a means or system of waste or trash disposal. 6.7 Common Areas: LESSOR shall provide sufficient light, heat and maintenance to the common areas and public access areas to the Leased Premises, including stairways, elevators, lobbies, and hallways, so that such areas shall be safe and reasonably comfortable. 6.8 Snow Removai: LESSOR shall keep the public sidewalks adjacent to the building and any sidewalks or stairways leading from the public sidewalks to the building free from snow, ice and debris, including the parking lot. 6.9 Maintenance a. LESSOR shall maintain in working condition all appurtenances within the scope of this Lease Agreement, including the maintenance of proper plumbing, wiring, heating (and, where applicable, cooling) devices and ducfivork. b. LESSOR shall document maintenance on the heating, ventilating and air conditioning system i.e., filter changes and cleaning methods and procedures. 6.10 Repairs: LESSOR shall make such necessary repairs so as to continue to provide all such service appurtenances as are required by this Lease Agreement, provided, however, that LESSOR shall not be responsible for repairs upon implements or articles which are the personal property of LESSEE, nor shall LESSOR bear the expense of repairs to the Leased Premises necessitated by damage caused by LESSEE beyond normal wear and tear. 6.11 Deliverv of Leased Premises: LESSOR covenants that it will deliver the Leased Premises to LESSEE in a clean and sanitary condition with all services and appurtenances included within the scope of this Lease Agreement in effect and in good running order. 6.12 Quiet En'Loyment: LESSEE shall have the quiet enjoyment of the Leased Premises during the full term of this Lease Agreement and any extension or renewal thereof. 6.13 Taxes and Assessments: LESSOR shall be responsible for payment of all taxes and assessments upon the Leased Premises. 6.14 Energy Conservation: In the event any kind of energy conservation measures are enacted by State or Federal authority, it is hereby agreed that LESSOR shall reduce the quantity of utilities and services as may be specifically required by such governmental orders or regulations. Utilities, within the meaning of this article, includes heat, cooling, electricity, water and all the sources of enerqy required to provide said service. 6.15 Exterior Lightin4: LESSOR shail provide adequate exterior lighting in the parking lots, building entrance%xits and loading dock areas. 6.16 Accessibilitv: LESSOR agrees to provide and maintain the Leased Premises and the building of which the Leased Premises are a part with accessibility and facilities meeting code requirements for handicapped persons, pursuant to all applicable laws, rules, ordinances and regulations as issued by any federal, state or local political subdivisions having jurisdiction and authority in connection with said property. 3 po - S� a- 6.17 Mana eq ment: LESSOR agrees that in exercising its management responsibilities of the property of which the Leased Premises are a part, including the maintenance, repair, alterations and construction relating thereto, it shall comply with all applicable laws, statutes, rules, ordinances and regulations, including but not limited to building code, disabilities access, zoning, air quality, pollution control, recyclable materials and prevailing wage requirements, as issued by any federai, state or local political subdivisions having jurisdiction and authority in connection with said property. 7. DUTIES OF LESSEE 7.1 LESSEE shall allow access to the Leased Premises by LESSOR or its authorized representatives at any reasonable time during the life of this Lease Agreement for any purpose within the scope of this Lease Agreement. 7.2 LESSEE shall not use the Leased Premises at any time for any purpose forbidden by law. 7.3 LESSEE shail not assign, sublet, or otherwise transfer its interest in this Lease Agreement without the prior written consent of LESSOR. 7.4 LESSEE shall make no alterations, additions, or changes in the Leased Premises without the advance written consent of LESSOR. All aiterations, additions, improvements and fixtures, which may be made or installed by LESSOR upon the Leased Premises and which in any manner are attached to the floors, walls or ceilings, a1 the termination of this lease shall remain the property of LESSOR, and shall remain upon and be surrendered with the Leased Premises as a part thereof, without damage or injury beyond normal wear and tear and floor covering affixed to the floor shall likewise become the property of LESSOR. 7.5 LESSEE agrees to observe reasonable precautions to prevent waste of heat, electricify, water, air conditioning any other utility or any service, whether such is furnished by LESSOR or obtained and paid for by LESSEE. 7.6 Smokinca: Pursuant to Minnesota Statute 16B.24, Subd. 9(1993), LESSOR and LESSEE shall not permit smoking in the Leased Premises. 8. USABLE SPACE MEASUREMENTS It is understood by LESSOR and LESSEE that the rent schedule is based upon the number of usable square feet of space occupied by LESSEE. Usable square feet for purposes of the Lease Agreement and calculating rent shall be computed by measuring the inside finished surFace of exterior walis to the inside finished surface of building corridor and other permanent walls or to the center of walls separating the Leased Premises from other tenant space. If more than 50% of an exterior wall is glass, the dimension is taken from the glass line. Vertical shafts, elevators, stairwells, dock areas, mechanical rooms, and utility and janitor rooms are excluded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are aiso excluded. No deductions are made for columns, pilasters or othe� projections to the buiiding if each is less than four (4) square feet. 9. DESTRUCTION OF PREMISES If the Leased Premises shall be destroyed or damaged by fire, tornado, flood, civil disorder, or any cause whatsoever, so that the Leased Premises become untenantable, or LESSEE is unable to conduct its business, the rent shali be abated from the time of such damage and both LESSOR and LESSEE shall have the option of terminating this Lease Agreement upon fifteen (15) days written notice or allowing LESSOR a reasonable amount of time to restore the damaged Leased Premises to tenantable condition. � �0-Sqa- 10. INSURANCE 10.1 Property Damage. It shali be the duty of LESSOR and LESSEE to maintain insurance or self-insurance on their own property, both real and personal. Notwithstanding anything apparently to the contrary in this Lease Agreement, LESSOR and LESSEE hereby release one another and their respective partners, officers, employees and property manager from any and all liability or responsibility to the other or anyone claiming through or under them by way of subrogation or otherwise for loss or damage, even if such loss or damage shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible. 10.2 Liability. LESSOR and LESSEE agree that each party will be responsibie for its own acts and the results thereof to the extent authorized by law and shal! not be responsible for the acts of any others and the results thereof. LESSEE'S liability shall be governed by fhe provisions of the Minnesota Tort Ciaims Act, Minnesota Statutes, Section 3.736, and other applicable law. 11. BUILDING ACCESS LESSOR shall provide for access to the Leased Premises from 7:00 a.m. to 9:00 p.m., Monday through Friday. However, LESSOR shall provide for access to the Leased Premises seven days per week, twenty-four hours per day for authorized employees of LESSEE. 12. NOTICES All notices, or communications between LESSOR and LESSEE shall be deemed sufficiently given or rendered if in writing and delivered to either party personally or sent by registered or certified mai! addressed as foUows: LESS�R: City of St. Paul Baker Center Division of Parks and Recreation Division of Community Services c/o Manager of Recreation 300 City Hall Annex 24 West 4"' Street St. Paul, Minnesota 55102 LESSEE: State of Minnesota Department of Administration Real Estate Management Division 50 Sherburne Avenue, Room 309 St. Paul, Minnesota 55155 with a copy to the occupant of the Leased Premises. Al! origina! bills and statements from LESSOR to LESSEE shall be mailed or personally delivered to the occupant of the Leased Premises only. 13. NEW LESSOR In the event the l.eased Premises or the buiiding of which the same is a part shall be sold, conveyed, transferred, assigned, leased or sublet, or if LESSOR shatl sell, convey, transfer, or assign this Lease Agreement or rents due under this Lease Agreement, or if for any reason there shall be a change in the manner in which the rental reserved hereunder shall be paid to LESSOR, proper written notice of such change must be delivered to LESSEE as promptly as possible. LESSEE'S "Transfer of Ownership of Lease" documenf shafl be executed by the parties in order that the State of Minnesota, Department of Finance is provided with authorization to issue payments to a new party. 5 0 O-- S q a- 14. DEFAULT BY LESSOR If LESSOR shall default in the pertormance of any of the terms or provisions of this Lease Agreement, LESSEE shall promptly so notify LESSOR in writing. If LESSOR shall fail to cure such default within thirty (30) days after receipt of such notice, or if the default is of such character as to require more than thirty (30) days to cure, and LESSOR shall fail to commence to do so within thirty (30) days after receipt of such notice and thereafter diligently proceed to cure such default, than in either event, LESSEE may cure such default and any reasonable and actual expenses paid by LESSEE shall be paid by LESSOR to LESSEE within ten (10) days after statement therefore is rendered. LESSEE shall have a specific right to set-off any such amounts against any rent payments or other amounts due under this Lease Agreement. In lieu of curing said default, LESSEE shali have the specific right to set-off against any rent payments or other amounts due under this Lease Agreement any damages incurred through the LESSOR'S breach. This provision in no way limits LESSEE'S other remedies for breach under common law or this Lease Agreement. 15. DEFAULT BY LESSEE In the event of any failure of LESSEE to pay any rental due under this Lease Agreement within thirty (30) days after the same shall be due, or any failure to perForm any other of the terms, conditions or covenants of this Lease Agreement to be observed or performed by LESSEE for more than thirty (30) days after written notice of such default has been given to LESSEE, LESSOR shall have the right, at its option, to terminate this Lease Agreement and upon such termination LESSEE shall quit and surrender the Leased Premises to LESSOR. Upon such termination, LESSOR or LESSOR'S agent may reenter the Leased Premises and remove all persons and all or any therefrom by proceeding at law, and thereby repossess and enjoy the Leased Premises; and by such repossession and reentry, LESSOR shall not be deemed to have waived its right (if any) to collect rent due (if any) from LESSEE hereunder or to enforce the other obligations of LESSEE hereunder. 16. AUDIT Pursuant to Minnesota Statutes, Section 16B.06, Subdivision 4, the books, records, documents and accounting procedures and practices of LESSOR relevant to this Lease Agreement shall be subject to examination by the State and/or Legislative Auditor during normal business hours and after reasonable notice to LESSOR. 17. EMINENT DOMAIN In the event of a taking of any portion of the Leased Premises which would make the remainder of the Leased Premises untenantabie, in the sole but reasonable opinion of LESSEE, this Lease Agreement shail terminate on the date of such taking, and the rent required to be paid by LESSEE hereunder shall be apportioned and paid to the date of such taking. In the event of any such taking, LESSOR and LE�SEE shall together make one claim for an award for their combined interests in the property and the net award received (after deduction of reasonable fees and expenses of collection, including, but not limited to reasonable attorneys' fees) shall be paid to LESSOR (including the value of the leasehold), except that LESSEE shali be entitled to any separate award made for its trade tbctures or for moving expenses. b. In the event of a taking of any portion of the property or the Leased Premises which would not make the remainder of the Leased Premises untenantable, this Lease Agreement shall continue in full force and effect; provided the rent is prorated to reflect the usable area of the Leased Premises which is rendered untenantable by such taking, and LESSOR shall, at its expense, proceed with reasonable diligence (subject to unavoidable delays), to commence and complete restoration. Ail awards payable as a result of any taking shall (after deduction of reasonable fees and expenses of collection, including, but not limited to reasonable attorney's fees) be paid to LESSOR (including the C� . � aa - s °12- value of the leasehold), except that LESSEE shali be entitled to any separate award made for its trade fixtures or for moving expenses. 18. HAZARDOUS SUBSTANCES a. "Hazardous Substances" is defined to mean any and ali substances or materials that are categorized or defined as hazardous or toxic under any present or future local, state or federal law, rule or regulation pertaining to environmental regulation, contamination, cleanup or disciosure including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as now or hereafter amended ('CERCLA'), the Resources Conservation and Recovery Act, as now or hereafter amended (`RCRA'), the Supertund Amendments and Reauthorization Act of 1980, as now or hereafter amended ('TSCA'), the Minnesota Environmental Response and Liability Act ('MERLA'), or any similar statutes or regulations, and any wastes, pollutants and contaminants (including without limitation, materials containing asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls ('PCBs'), and petroleum products including gasoline, fuel oil, crude oil and various constituents of such products.) b. LESSOR warrants and covenants that it did not, and will not in the future, install, use, generate, store, dispose of or release on or about the building or the land of which the Leased Premises or the Building of which the Leased Premises are a part, except for immaterial quantities of any Hazardous Substances customarily used in the construction and maintenance of like properties or in other uses of the Leased Premises or the building or land of which it is a part which have been used in accordance with applicable laws, statutes, regulations and ordinances then in effect. LESSOR further agrees to indemnify and hold LESSEE (and its officers, partners, employees, agents and directors) harmless from and against any claim, damage, loss, fine or any other expense (including without limitation clean-up costs, court costs, attorneys' fees, engineering or consultant fees, other costs of defense and sums paid in settlement of claims) arising out of LESSOR'S instaliation, use, generation, storage, disposal or release of any Hazardous Substances in or about the Leased Premises or the building or the land of which the Leased Premises are a part. c. LESSOR represents and warrants there are no Hazardous Substances present within the Leased Premises, the building or the land of which the Leased Premises are a part. In the event a qualified environmental testing company determines that Hazardous Substances do exist, in greater than immaterial quantities, in or about the Leased Premises or the building or land of which the Leased Premises are a part, LESSEE, at its option, may terminate this Lease Agreement with sixty (60) days written notice to LESSOR. BC dprcospcs lease.doc 7 00 -s�� IN WITNESS WHEREOF, the parties have set their hands on the date(s) indicated below intending to be bound thereby. APPROVED: LESSOR: STATE OF MINNESOTA CITY OF ST. PAUL, DIVj81lpN OF PARKS HIGHER EDUCATION SERVICES OFFICE BY_�� — ' ��� `��� . Title I �,G�caxu*� � Date s �-��yy � `r� �� . �%i.:' . ��� � , , � �� � '�� o'�� 0 �"�7�rS'��«. Z/`/�/ � By Title Date CITY ATTORNEY � � _�� LESSEE: STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION COMMISSIONER By C� JR.f�dQ1�1 / . �,1i� Real Estate Management Division Date ma ;t 0 G 2000 As to form and execution OFFICE OF THE ATTORNEY GENERAL Origi►wl signed By nnaQ n 7 �nnn Legal Assistant by Patricio S. Nolte