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00-66ORIGINAL Presented By Referred to Council File # �p-`6 Green Sheet # 1ooq5� committee: yaLe 1 RESOLUTION DIItECTING TFIE DIVISION OF PARKS AND RECREATION OF TfiE CITY OF 2 SAINT PAUL (City) TO INITIATE A LEASE AGREEMENT W1TA STATE OF MINNESOTA 3 (State), LEASING OFFICE SPACE AT THE BAKER MULTI-SERVICE CENTER (Center) TO THE 4 STATE. WITNESSETH: 5 WHEREAS, City is of owner of the Baker Multi-Service Center located at 209 W. Page Street; 6 and 7 WHEREAS, Ciry desires to lease space at the Center to non-profit service agencies such as 8 State of Minnesota; and 9 WHEREAS, State operates a Higher Educauon Services Office: Get Ready program; and 10 WHEREAS, State needs community based space to house the Get Ready program; and li Fi�a 13 14 15 WHEREAS, State has expressed interested in iniriating a lease for space; and WHEREAS, City has expressed interest in leasing the space to the State. NOW, THEREFORE BE IT RESOLVED, that the proper officials of the Division of Pazks and Recreation initiate the lease agreement with State of Minnesota for space the State needs at Baker Multi-Service Center. Requested by: � Diviq�on of / � � By:� Approval Recommended j�y Financial Services Director: I� Adopted by Council: Date ���OG Adoption Certified by Council Secretary By � _ — � �_ 4 "__ S " ��-^ Approved b ayo� e: �!�! � � By: By. Form Approved by Cit Attorney By: � Approved b for Subm' ion o Coun il � By: � di DEPMTMENT/OFFCFJCOUNCIL DATEINITATED GREEN SHEET ��� NO. 100954 Parks and Recreation 72-1-99 00- CONTACT PQiSON AND PHONE INITIAL/DATE INITALlDATE VinC2 GIIIeSpie 266-6408 � 1 DBMTMEN'fDIRECTOF r ancouNCa AS9GN M1MBBi 2 q7YATTORNEY CIiYCLERK MU5f BE ON COUNCIL AGFNOA BY IDAT� ��' �_pNµqq� SERNCES DIR. 4 MAYOR (pp ASSSTANTI s Parks & Recreation TOTALiOFSGNATUPEPAGES � (CWALLIDCAl10M8WRS10HATUiF.1 ' ACTION REQUESTID: Direct the Division of Parks and Recreation to enterinto a lease agreement with State of Minnesota for The Get Ready progrem space at Baker Community Center. RECOMMENDATONS: Approve W w RejeR �R) P918GNAL S91VME COMiP11CTb MUBT ANSW6t THE PoLLOWING ¢UES710N5: PLANNING COMMISSION _CIVIL SERVICE COMMI590N �. H� �q � �tt workM Ynder a coMraR for tNS departme�rt? C18 COMMITTEE VES NO A STAFF 2• Ha tltie penoNfirm mm bem a city employ«t — — VES NO DISiRICT COONQL — — 3. Does fi'ra pe�aoNli�m poaeas n skiN not nmmNly pomwsed by arcy currem aty employx7 SUPPORTS WHICH COUNpL OBJECi1VE7 VES NO Fapldn d Ya wwan on sepanta Yret end ettxh m Orean sheet. INITIATING PftOBLEM, ISSUE. OPPOflTUNIT' M1Nho, Whe6 When, Where, Whyl: State of Minnesota uses two rooms at Baker Community Center for Get Ready program spaces. The lease agreement must be approved. ADVANTAGES IF APPROVED: A program from the Minnesota High Education Services office, a state age�cy that informs families about academic and financial preparation for post high school education. -. , 4._m��:,,...�_ ng w.� �,^�'+ DI8PDVANTq6ESIFAPPflOVED: � 6�,�5> 1 �,� ��t •.� None Ci�+,.kCd#`� a���SC� ��� E� � z �r . - . , - - . . �'�� � .y s.', , ,� � i �. . ..""-` — ! a e,} R � ��� 9 DISADVANTAGES IF NOT APPROVm: The West Side of St. Paul needs this type of program so that youth are prepared for post high school education. TOTALAMOUNTOFTRANSACTON $ 2424.96/vear 1$202.08/month) COSTMEVFNUE611DOEfm(CIXCIEONq vES No RINqN6SOUtCE ACTVITYNtIM89t � / ��C� � �� FINANCIAL INFORMATION: IIXPWN) STATE OF MINNESOTA LEASE TOTAL AMOUNT See Clause 4 (Annual) 00 _C6 LEASE NO. � OHgZ THIS LEASE AGREEMENT is made by and between Citv of St Paul. Baker Center. Division of Parks and Recreation. Division of Community Services c!o Manager of Recreation 300 Citv Hail Annex 24 West 4" 5treet. St. Paui. 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 Hiaher 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 foflowing described Leased Premises located in the City of St. Paui, County of Ramsev, Minnesota, to-wit: From July 1, 1998 to September 30, 1998 approximately One Hundred Thirty Three i133j usable square feet of office space in Room #102. From October 1, 1998 to June 30, 2000 approximately 7wo Hundred Twentv Five (2251 usable square feet consisting of One Hundred Thistv Three (1331 usable square feet of office space in Room #102 pius Ninetv 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. 2. USE LESSEE shall use and occupy ths Leased Premises only as o�ce and storage soace for the Get Readv Proqram. Processing I�formation: /� // Contract: �� � 6 I � U170 L`J/ ✓ Ortler. I /�� / � � / l �/ � Number/DatelEntry Signa ure Number/Date/Signature � ' (Individuaf signing eerttBes that funds have been encum6ered as required by Minrt. Stat § 76AA5.) 3. TERM 4. �ii . , r? The term of this Lease Agreement is two f2) vears, commencing on Juiv 1. 1998 and continuing through Sune 30. 2000. PAYMENT OF RENT 4.1 As rent for the Leased Premises and in consideration for ai! covenants, representations and conditions of the Lease Agreement, LESSEE agrees to pay to LESSOR the sum of Four Thousand Six Hundred Sixtv Six and 53l100 Dollars ($4 666 531 for the term of the Lease Agreement, such amounf shall be paid in accordance with the rent schedule sef 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 $7,815.75 2 493.00 $4,666.53 MONTHLY PAYMENT $11926 $2�1.75 $207.75 4.2 LESSOR represents and warrants that it is s�?ely entiUed to ali 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 Cammunity 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 follow�.:g: 6.1 Utilities: LESSOR shall bear the cost :,f qas elec;ricitv. heat. liahts air conditioning, sewer and water. Payment for the costs of said utilities does not warrant uninterrupted service by the utility provided. LESSOR shali not be responsibie for damages caused by interrupted services. 6.2 Electrical Outlets: LESSOR shali provide adequate electrical ouUets uport the Leased Premises for the normal office use. 6.3 Lightina: LESSOR shali provide the Leased Premises with overhead lighting facilities sufficient to p�ovide 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 easity accessible thereto. 6.5 Janitoriai Service: LESSOR shall provide janitorial services and supplies to the Leased Premises and common areas of the buitding including replacement of light bulbs, starters and ballasts. a 0 , 6 6 6.6 Trash Removai: LESSOR shall provide the Leased Premises with a means or system of waste or trash disposai. 6.7 Common Areas: LESSOR shal{ provide sufficient light, heat and maintenance to the common areas and public access areas to the Leased Premises, including stairvvays, elevators, lobbies, and hatlways, so that such areas shaii be safe and reasonabiy comfortable. 6.8 Snow Removal: LESSOR shali keep the public sidewalks adjacent to the building and any sidewalks or stairways 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 ail appurtenances within the scope of this Lease Agreement, including the maintenance of proper plumbing, wiring, heating (and, where applicable, cooling) devices and duciwork. b. LESSOR shall document maintenance on the heating, ventilatin� and air condftioning system i.e., fiiter changes and cleaning methods and prrs�cedures. 6.10 Re airs: LESSOR shall make such necessary repairs so as to continue to provide ail 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 Qersortal property of IESSEE, nor shall LESSOR bear fhe 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 ciean and sanitary condition wfth aIl services and appurtenances inciuded within the scope of this Lease Agreement in effect and in good running order. 6.12 Quiet Enjovment: LESSEE shall have the quiet enjoyment of the Leased Premises during the full term of this Lease Agreement and any extension or renewai thereof. 6.13 Taxes and Assessments: LESSOR shall be responsible for payment or 311 taxes and assessments upon the Leased Premises. 6.14 Enerav Conservation: In the event any kind of energy conservatic+n measurPs are enacted by State or Federal authority, it is hereby agreed that LEuSOR shail reduce the quantity of utilfties and services as may be specificafly required by such govemmentai orders or regulations. Utiiities, within the meaning of this article, includes heat, cooling, electricity, water and ali the sources of energy required to provide said service. 6.15 E�cterior Liahtina: LESSOR shait provide adequate exterior lighting in the parki�g tots, building entrance%xits and loading dock areas. 6.16 Accessibilitv: LESSOR agrees to provide and maintain the Leased Premises and the buiiding of which the Leased Premises are a part with accessibility and facilities meeting code requirements for handicapped persons, pursuant to ail applicable laws, rules, ordinances and regulations as issued by any federai, state or local po�itical subdivisions having jurisdiction and authority in connection with said property. 6.17 Management: LESSOR agrees that in exercising fts management responsibiiities of the property of which the Leased Premises are a part, inciuding the maintenance, repair,�_ alterations and consWction retating thereto, it shal{ comply witfi aif applicabie iaws, statutes, rutes, ordinances and regulations, including but not limited to building code, disabilities access, zoning, air quality, poliution control, recyclable materials and prevailing wage requirements, as issued by any federal, state or Iocai polifical subdivisions having jurisdiction and authority in connection with said property. 7. DUTIES OF LESSEE 7.1 LESSEE shatl allow access to the Leased Premises by LESSOR or ifs authorized representatives at any reasonabie time during the I'rfe of this Lease Agreement for any purpose within the scope of this Lease Agreement 7.2 LESSEE shali not use the Leased Premises at any time for any purpose forbidden by law. 7.3 LESSEE shall not assign, sublet, or otherv✓ise transfer its interest in this Lease Agreement without the prior written consent of LESSOR. 7.4 LESSEE sha11 make no aiteraiions, additions, or changes in the Leased Premises without the advance written consent of LESSOR. AII alterations, additions, improvements and fuctures, which may be made or insta�led by LESSOR upon the Leased Premises and which in any manner are attached to the floors, wafis or ceilings, at the termination of this lease shall remain the property of LESSOR, and shail remain upon and be surrendered with the Leased Premises as a part thereof, without damage or injury beyond nortnai wear and tear and floor covering affixed to the floor shali likewise become the property of LESSOR. 7.5 LESSEE agrees to observe reasonable precautions to prevent waste of heat, electricity, water, air conditioning any other utility or any service, whether such is fumished by LESSOR or obtained and paid for by LESSEE. 7.6 Smokinq: 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 usabie square feet of space occupied by LESSEE. Usabie square feet for purposes of the Lease Agreement a�d calculating rent shall be computed by measuring the inside finished surface of exterior walis to the inside finished surface of buifding corridor and other permanent walis or to the center of walis separating the Leased Premises from other tenant space. If more than 50% of an exterior wall is giass, the dimension is taken from the glass line. Vertical shafts, elevators, stairwelis, dock areas, mechanical rooms, and utility and janitor rooms are exciuded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also exciuded. No deductions are made for columns, pilasters or other projections to the building ff each is less than four (4) square feet. 9. DESTRUCTION OF PREMISES If the Leased Premises shall be destroyed or damaged by fire, tomado, flood, civii 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. 4 10. INSURANCE 00-66 10.1 Property Damage. It shall be the duty of LESSOR and LESSEE to mainfain insurance or self-insurance on their own property, both reai and personal. Notwithstanding anything apparently to the contrary in this Lease Agreement, LESSOR and LESSEE hereby release one another and their respective partners, officers, empioyees and property manager from any and ali Iiabiiity 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 responsibie. 10.2 Liability. LESSOR and LESSEE agree that each party will be responsible for its own acts and the results thereof to the extent authorized by law and shail not be responsibie for the acts of any others and the resufts thereof. LESSEE'S Iiabiiity 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 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 personafly or seM by registered or certified maii addressed as foliows: LESSOR: City of St. Paul Saker 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 Sherbume Avenue, Room 309 St. Paul, Minnesota 55155 with a copy to the occupant of the Leased Premises. All original bilis and statements from LESSOR to LESSEE shail be mailed or personaliy delivered to the occupant of the Leased Premises only. 13. NEW LESSOR In the event the Leased Premises or the building of which the same is a part shall be sold, conveyed, transferred, assigned, leased or subiet, or'rf LESSOR shail sell, convey, transfer, or assign this Lease Agreement or rents due under this Lease Agreement, or'rf for any reason there shall be a change in the manner in which the rental reserved hereunder shall be paid to LESSOR, proper written noUce of such change must be delivered to IESSEE as promptly as possibie. LESSEE'S 'Transfer of Ownership of Lease" document shall be executed by the parties in order that the State of Minnesota, Departrnent of Finance is provided with authorization to issue payments to a new party. 14. DEFAULT BY LESSOR 00-66 If LESSOR shali default in the performance of any of the tertns or provisions of this Lease Agreement, tESSEE shali promptry so notify LESSOR in writing. if LESSOR shall fail to cure such defautt within thirty (30) days after receipt of such notice, or if the defauft is of such character as to require more than thirty (30) days to cure, and LESSOR shall fail to commence to do so within thiriy (30) days after receipt of such notice and thereafter diligently proceed to cure such default, than in e'sther event, tESSEE may cure such defautt and any reasonabVe 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 shall have the specific cight 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 Agreemenf. 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 shail be due, or any failure to perform any other of the tem�s, condi6ons 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 ��on 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 ta have waived its right (ff any) to coliect rent due ('rf any) from LESSEE hereunder or to enforce the other obligations of LESSEE fiereunder. 16. ,�:J.�iT 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 shaii be subject to examination by the State and/or Legisiative Auditor during normal business hours and after reasonable notice to LESSOR. 17. EMINENT DOMAIN a. In the event of a taking of any portion of the Leased Premises which would make the remainder of the Leased Premises untenantable, in the sole but reasonable opinion of LESSEE, this Lease Agreement shall terminate on the date of such taking, and the rent required to be paid by LESSEE hereunder shali be apportioned and paid to the date of such taking. In the event of any such taking, LESSOR and LESSEE shall together make c�ne claim for an award for their combined interests in the property and the net award received (after deduction of reasonable fees and expenses of coilection, including, but not limited to reasonable attomeys' fees) shall be paid to LESSOR (including the value of the Ieasehoid), except that LESSEE shall be entitled to any separate award made for its trade fixtures 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 shali continue in full force and effect; provided the rent is prorated to reflect the usable area of the Leased Premises which is rendered untenantabfe by such taking, and LESSOR shaA, at its expense, proceed with reasonable diligence (subject to unavoidable delays), to commence and compiete restoration. AII 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 � value of the Ieasehold), except that LESSEE shall be entitled to any separate award made for its trade fixtures or for moving expenses. . 18. HAZARDOUS SUSSTANCES OO ' � �O 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 Iocai, state or federal faw, ruie or regulafron pertaining to environmeMai 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 amertded (`RCRA'), the Superfund Amendments and Reauthorization Act of 1980, as now or hereafter amended (TSCA'), the Minnesota Environmental Response and Liabilityr Act ('MERLA'), or any simiiar statutes or regulations, and any wastes, pollutants and cantaminants (including without limitation, materiais confaining asbestos, urea formaldehyde, the group of organic compounds known as polychtorinated biphenyls ('PCBs'), and petroleum products including gasoline, fuel oil, crude oii and various constituents of such products.) b. LESSOR warrants and covenants that it did not, and wiN not in the future, instatl, use, generate, store, dispose of or release on or about the building or the iand of which the Leased Premises or the Building of which the Leased Premises are a paR, except for immateriai quantfties of any Hazardous Substances customaril� used in the construction and maintenance of like properties or in other uses of the Leased z remises or the building or land of which it is a part which have been used in accordance with applicable Iaws, statutes, regulations and ordinances then in effect. LESSOR further agrees to indemnify and hoid LESSEE (and its o�cers, partners, employees, agents and directors) harmless from and against any ciaim, damage, loss, fine or any other expense (including wfthout limftation clean-up costs, court costs, attomeys' fees, engineering or consultant fees, other costs of defense and sums paid in settlement of claims) arising out of LESSOR'S instailation, use, generation, storage, disposal or rel�;,,e ,f 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 building or the iand 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 wr�tpn notice to LESSOR. BC dprcospcs lease.doc 7 IN WITNESS WHEREOF, the parties have set their hands on the date(s) indicated below intending to be bound thereby. OD —66 APPROVED: STATE OF MINNESOTA HIGHER EDUCATION SERVICES OFFICE By �, �?c li� ritte ��.t tsr.�`�f a� �,trrszeu,(� Date 5 ��3�F� LESSOR: CITY OF ST. PAUL, DIVISION OF PARKS AND RECREATION Titie Date FIN CIAL SERVICES CITY ATTORNEY � �'��23i 2�co LESSEE: STATE OF MINNESOTA DEPARTMENT OF ADMiNISTRATION COMMISSIONER As to form and execution OFFICE OF THE ATTORNEY GENERAL ey Legal Assistant By Real Estate Management Division Date 00 �GU �, � � `� � ti� � o� �i _ Y � � ,� I� -^ -- � � •••^ �•.�� ..�.�•+� n�ir�nrvT�e cc•nT oG[T/Tf]/QT , � � �:�:;.. . R � i ORIGINAL Presented By Referred to Council File # �p-`6 Green Sheet # 1ooq5� committee: yaLe 1 RESOLUTION DIItECTING TFIE DIVISION OF PARKS AND RECREATION OF TfiE CITY OF 2 SAINT PAUL (City) TO INITIATE A LEASE AGREEMENT W1TA STATE OF MINNESOTA 3 (State), LEASING OFFICE SPACE AT THE BAKER MULTI-SERVICE CENTER (Center) TO THE 4 STATE. WITNESSETH: 5 WHEREAS, City is of owner of the Baker Multi-Service Center located at 209 W. Page Street; 6 and 7 WHEREAS, Ciry desires to lease space at the Center to non-profit service agencies such as 8 State of Minnesota; and 9 WHEREAS, State operates a Higher Educauon Services Office: Get Ready program; and 10 WHEREAS, State needs community based space to house the Get Ready program; and li Fi�a 13 14 15 WHEREAS, State has expressed interested in iniriating a lease for space; and WHEREAS, City has expressed interest in leasing the space to the State. NOW, THEREFORE BE IT RESOLVED, that the proper officials of the Division of Pazks and Recreation initiate the lease agreement with State of Minnesota for space the State needs at Baker Multi-Service Center. Requested by: � Diviq�on of / � � By:� Approval Recommended j�y Financial Services Director: I� Adopted by Council: Date ���OG Adoption Certified by Council Secretary By � _ — � �_ 4 "__ S " ��-^ Approved b ayo� e: �!�! � � By: By. Form Approved by Cit Attorney By: � Approved b for Subm' ion o Coun il � By: � di DEPMTMENT/OFFCFJCOUNCIL DATEINITATED GREEN SHEET ��� NO. 100954 Parks and Recreation 72-1-99 00- CONTACT PQiSON AND PHONE INITIAL/DATE INITALlDATE VinC2 GIIIeSpie 266-6408 � 1 DBMTMEN'fDIRECTOF r ancouNCa AS9GN M1MBBi 2 q7YATTORNEY CIiYCLERK MU5f BE ON COUNCIL AGFNOA BY IDAT� ��' �_pNµqq� SERNCES DIR. 4 MAYOR (pp ASSSTANTI s Parks & Recreation TOTALiOFSGNATUPEPAGES � (CWALLIDCAl10M8WRS10HATUiF.1 ' ACTION REQUESTID: Direct the Division of Parks and Recreation to enterinto a lease agreement with State of Minnesota for The Get Ready progrem space at Baker Community Center. RECOMMENDATONS: Approve W w RejeR �R) P918GNAL S91VME COMiP11CTb MUBT ANSW6t THE PoLLOWING ¢UES710N5: PLANNING COMMISSION _CIVIL SERVICE COMMI590N �. H� �q � �tt workM Ynder a coMraR for tNS departme�rt? C18 COMMITTEE VES NO A STAFF 2• Ha tltie penoNfirm mm bem a city employ«t — — VES NO DISiRICT COONQL — — 3. Does fi'ra pe�aoNli�m poaeas n skiN not nmmNly pomwsed by arcy currem aty employx7 SUPPORTS WHICH COUNpL OBJECi1VE7 VES NO Fapldn d Ya wwan on sepanta Yret end ettxh m Orean sheet. INITIATING PftOBLEM, ISSUE. OPPOflTUNIT' M1Nho, Whe6 When, Where, Whyl: State of Minnesota uses two rooms at Baker Community Center for Get Ready program spaces. The lease agreement must be approved. ADVANTAGES IF APPROVED: A program from the Minnesota High Education Services office, a state age�cy that informs families about academic and financial preparation for post high school education. -. , 4._m��:,,...�_ ng w.� �,^�'+ DI8PDVANTq6ESIFAPPflOVED: � 6�,�5> 1 �,� ��t •.� None Ci�+,.kCd#`� a���SC� ��� E� � z �r . - . , - - . . �'�� � .y s.', , ,� � i �. . ..""-` — ! a e,} R � ��� 9 DISADVANTAGES IF NOT APPROVm: The West Side of St. Paul needs this type of program so that youth are prepared for post high school education. TOTALAMOUNTOFTRANSACTON $ 2424.96/vear 1$202.08/month) COSTMEVFNUE611DOEfm(CIXCIEONq vES No RINqN6SOUtCE ACTVITYNtIM89t � / ��C� � �� FINANCIAL INFORMATION: IIXPWN) STATE OF MINNESOTA LEASE TOTAL AMOUNT See Clause 4 (Annual) 00 _C6 LEASE NO. � OHgZ THIS LEASE AGREEMENT is made by and between Citv of St Paul. Baker Center. Division of Parks and Recreation. Division of Community Services c!o Manager of Recreation 300 Citv Hail Annex 24 West 4" 5treet. St. Paui. 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 Hiaher 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 foflowing described Leased Premises located in the City of St. Paui, County of Ramsev, Minnesota, to-wit: From July 1, 1998 to September 30, 1998 approximately One Hundred Thirty Three i133j usable square feet of office space in Room #102. From October 1, 1998 to June 30, 2000 approximately 7wo Hundred Twentv Five (2251 usable square feet consisting of One Hundred Thistv Three (1331 usable square feet of office space in Room #102 pius Ninetv 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. 2. USE LESSEE shall use and occupy ths Leased Premises only as o�ce and storage soace for the Get Readv Proqram. Processing I�formation: /� // Contract: �� � 6 I � U170 L`J/ ✓ Ortler. I /�� / � � / l �/ � Number/DatelEntry Signa ure Number/Date/Signature � ' (Individuaf signing eerttBes that funds have been encum6ered as required by Minrt. Stat § 76AA5.) 3. TERM 4. �ii . , r? The term of this Lease Agreement is two f2) vears, commencing on Juiv 1. 1998 and continuing through Sune 30. 2000. PAYMENT OF RENT 4.1 As rent for the Leased Premises and in consideration for ai! covenants, representations and conditions of the Lease Agreement, LESSEE agrees to pay to LESSOR the sum of Four Thousand Six Hundred Sixtv Six and 53l100 Dollars ($4 666 531 for the term of the Lease Agreement, such amounf shall be paid in accordance with the rent schedule sef 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 $7,815.75 2 493.00 $4,666.53 MONTHLY PAYMENT $11926 $2�1.75 $207.75 4.2 LESSOR represents and warrants that it is s�?ely entiUed to ali 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 Cammunity 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 follow�.:g: 6.1 Utilities: LESSOR shall bear the cost :,f qas elec;ricitv. heat. liahts air conditioning, sewer and water. Payment for the costs of said utilities does not warrant uninterrupted service by the utility provided. LESSOR shali not be responsibie for damages caused by interrupted services. 6.2 Electrical Outlets: LESSOR shali provide adequate electrical ouUets uport the Leased Premises for the normal office use. 6.3 Lightina: LESSOR shali provide the Leased Premises with overhead lighting facilities sufficient to p�ovide 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 easity accessible thereto. 6.5 Janitoriai Service: LESSOR shall provide janitorial services and supplies to the Leased Premises and common areas of the buitding including replacement of light bulbs, starters and ballasts. a 0 , 6 6 6.6 Trash Removai: LESSOR shall provide the Leased Premises with a means or system of waste or trash disposai. 6.7 Common Areas: LESSOR shal{ provide sufficient light, heat and maintenance to the common areas and public access areas to the Leased Premises, including stairvvays, elevators, lobbies, and hatlways, so that such areas shaii be safe and reasonabiy comfortable. 6.8 Snow Removal: LESSOR shali keep the public sidewalks adjacent to the building and any sidewalks or stairways 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 ail appurtenances within the scope of this Lease Agreement, including the maintenance of proper plumbing, wiring, heating (and, where applicable, cooling) devices and duciwork. b. LESSOR shall document maintenance on the heating, ventilatin� and air condftioning system i.e., fiiter changes and cleaning methods and prrs�cedures. 6.10 Re airs: LESSOR shall make such necessary repairs so as to continue to provide ail 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 Qersortal property of IESSEE, nor shall LESSOR bear fhe 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 ciean and sanitary condition wfth aIl services and appurtenances inciuded within the scope of this Lease Agreement in effect and in good running order. 6.12 Quiet Enjovment: LESSEE shall have the quiet enjoyment of the Leased Premises during the full term of this Lease Agreement and any extension or renewai thereof. 6.13 Taxes and Assessments: LESSOR shall be responsible for payment or 311 taxes and assessments upon the Leased Premises. 6.14 Enerav Conservation: In the event any kind of energy conservatic+n measurPs are enacted by State or Federal authority, it is hereby agreed that LEuSOR shail reduce the quantity of utilfties and services as may be specificafly required by such govemmentai orders or regulations. Utiiities, within the meaning of this article, includes heat, cooling, electricity, water and ali the sources of energy required to provide said service. 6.15 E�cterior Liahtina: LESSOR shait provide adequate exterior lighting in the parki�g tots, building entrance%xits and loading dock areas. 6.16 Accessibilitv: LESSOR agrees to provide and maintain the Leased Premises and the buiiding of which the Leased Premises are a part with accessibility and facilities meeting code requirements for handicapped persons, pursuant to ail applicable laws, rules, ordinances and regulations as issued by any federai, state or local po�itical subdivisions having jurisdiction and authority in connection with said property. 6.17 Management: LESSOR agrees that in exercising fts management responsibiiities of the property of which the Leased Premises are a part, inciuding the maintenance, repair,�_ alterations and consWction retating thereto, it shal{ comply witfi aif applicabie iaws, statutes, rutes, ordinances and regulations, including but not limited to building code, disabilities access, zoning, air quality, poliution control, recyclable materials and prevailing wage requirements, as issued by any federal, state or Iocai polifical subdivisions having jurisdiction and authority in connection with said property. 7. DUTIES OF LESSEE 7.1 LESSEE shatl allow access to the Leased Premises by LESSOR or ifs authorized representatives at any reasonabie time during the I'rfe of this Lease Agreement for any purpose within the scope of this Lease Agreement 7.2 LESSEE shali not use the Leased Premises at any time for any purpose forbidden by law. 7.3 LESSEE shall not assign, sublet, or otherv✓ise transfer its interest in this Lease Agreement without the prior written consent of LESSOR. 7.4 LESSEE sha11 make no aiteraiions, additions, or changes in the Leased Premises without the advance written consent of LESSOR. AII alterations, additions, improvements and fuctures, which may be made or insta�led by LESSOR upon the Leased Premises and which in any manner are attached to the floors, wafis or ceilings, at the termination of this lease shall remain the property of LESSOR, and shail remain upon and be surrendered with the Leased Premises as a part thereof, without damage or injury beyond nortnai wear and tear and floor covering affixed to the floor shali likewise become the property of LESSOR. 7.5 LESSEE agrees to observe reasonable precautions to prevent waste of heat, electricity, water, air conditioning any other utility or any service, whether such is fumished by LESSOR or obtained and paid for by LESSEE. 7.6 Smokinq: 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 usabie square feet of space occupied by LESSEE. Usabie square feet for purposes of the Lease Agreement a�d calculating rent shall be computed by measuring the inside finished surface of exterior walis to the inside finished surface of buifding corridor and other permanent walis or to the center of walis separating the Leased Premises from other tenant space. If more than 50% of an exterior wall is giass, the dimension is taken from the glass line. Vertical shafts, elevators, stairwelis, dock areas, mechanical rooms, and utility and janitor rooms are exciuded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also exciuded. No deductions are made for columns, pilasters or other projections to the building ff each is less than four (4) square feet. 9. DESTRUCTION OF PREMISES If the Leased Premises shall be destroyed or damaged by fire, tomado, flood, civii 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. 4 10. INSURANCE 00-66 10.1 Property Damage. It shall be the duty of LESSOR and LESSEE to mainfain insurance or self-insurance on their own property, both reai and personal. Notwithstanding anything apparently to the contrary in this Lease Agreement, LESSOR and LESSEE hereby release one another and their respective partners, officers, empioyees and property manager from any and ali Iiabiiity 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 responsibie. 10.2 Liability. LESSOR and LESSEE agree that each party will be responsible for its own acts and the results thereof to the extent authorized by law and shail not be responsibie for the acts of any others and the resufts thereof. LESSEE'S Iiabiiity 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 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 personafly or seM by registered or certified maii addressed as foliows: LESSOR: City of St. Paul Saker 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 Sherbume Avenue, Room 309 St. Paul, Minnesota 55155 with a copy to the occupant of the Leased Premises. All original bilis and statements from LESSOR to LESSEE shail be mailed or personaliy delivered to the occupant of the Leased Premises only. 13. NEW LESSOR In the event the Leased Premises or the building of which the same is a part shall be sold, conveyed, transferred, assigned, leased or subiet, or'rf LESSOR shail sell, convey, transfer, or assign this Lease Agreement or rents due under this Lease Agreement, or'rf for any reason there shall be a change in the manner in which the rental reserved hereunder shall be paid to LESSOR, proper written noUce of such change must be delivered to IESSEE as promptly as possibie. LESSEE'S 'Transfer of Ownership of Lease" document shall be executed by the parties in order that the State of Minnesota, Departrnent of Finance is provided with authorization to issue payments to a new party. 14. DEFAULT BY LESSOR 00-66 If LESSOR shali default in the performance of any of the tertns or provisions of this Lease Agreement, tESSEE shali promptry so notify LESSOR in writing. if LESSOR shall fail to cure such defautt within thirty (30) days after receipt of such notice, or if the defauft is of such character as to require more than thirty (30) days to cure, and LESSOR shall fail to commence to do so within thiriy (30) days after receipt of such notice and thereafter diligently proceed to cure such default, than in e'sther event, tESSEE may cure such defautt and any reasonabVe 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 shall have the specific cight 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 Agreemenf. 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 shail be due, or any failure to perform any other of the tem�s, condi6ons 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 ��on 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 ta have waived its right (ff any) to coliect rent due ('rf any) from LESSEE hereunder or to enforce the other obligations of LESSEE fiereunder. 16. ,�:J.�iT 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 shaii be subject to examination by the State and/or Legisiative Auditor during normal business hours and after reasonable notice to LESSOR. 17. EMINENT DOMAIN a. In the event of a taking of any portion of the Leased Premises which would make the remainder of the Leased Premises untenantable, in the sole but reasonable opinion of LESSEE, this Lease Agreement shall terminate on the date of such taking, and the rent required to be paid by LESSEE hereunder shali be apportioned and paid to the date of such taking. In the event of any such taking, LESSOR and LESSEE shall together make c�ne claim for an award for their combined interests in the property and the net award received (after deduction of reasonable fees and expenses of coilection, including, but not limited to reasonable attomeys' fees) shall be paid to LESSOR (including the value of the Ieasehoid), except that LESSEE shall be entitled to any separate award made for its trade fixtures 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 shali continue in full force and effect; provided the rent is prorated to reflect the usable area of the Leased Premises which is rendered untenantabfe by such taking, and LESSOR shaA, at its expense, proceed with reasonable diligence (subject to unavoidable delays), to commence and compiete restoration. AII 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 � value of the Ieasehold), except that LESSEE shall be entitled to any separate award made for its trade fixtures or for moving expenses. . 18. HAZARDOUS SUSSTANCES OO ' � �O 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 Iocai, state or federal faw, ruie or regulafron pertaining to environmeMai 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 amertded (`RCRA'), the Superfund Amendments and Reauthorization Act of 1980, as now or hereafter amended (TSCA'), the Minnesota Environmental Response and Liabilityr Act ('MERLA'), or any simiiar statutes or regulations, and any wastes, pollutants and cantaminants (including without limitation, materiais confaining asbestos, urea formaldehyde, the group of organic compounds known as polychtorinated biphenyls ('PCBs'), and petroleum products including gasoline, fuel oil, crude oii and various constituents of such products.) b. LESSOR warrants and covenants that it did not, and wiN not in the future, instatl, use, generate, store, dispose of or release on or about the building or the iand of which the Leased Premises or the Building of which the Leased Premises are a paR, except for immateriai quantfties of any Hazardous Substances customaril� used in the construction and maintenance of like properties or in other uses of the Leased z remises or the building or land of which it is a part which have been used in accordance with applicable Iaws, statutes, regulations and ordinances then in effect. LESSOR further agrees to indemnify and hoid LESSEE (and its o�cers, partners, employees, agents and directors) harmless from and against any ciaim, damage, loss, fine or any other expense (including wfthout limftation clean-up costs, court costs, attomeys' fees, engineering or consultant fees, other costs of defense and sums paid in settlement of claims) arising out of LESSOR'S instailation, use, generation, storage, disposal or rel�;,,e ,f 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 building or the iand 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 wr�tpn notice to LESSOR. BC dprcospcs lease.doc 7 IN WITNESS WHEREOF, the parties have set their hands on the date(s) indicated below intending to be bound thereby. OD —66 APPROVED: STATE OF MINNESOTA HIGHER EDUCATION SERVICES OFFICE By �, �?c li� ritte ��.t tsr.�`�f a� �,trrszeu,(� Date 5 ��3�F� LESSOR: CITY OF ST. PAUL, DIVISION OF PARKS AND RECREATION Titie Date FIN CIAL SERVICES CITY ATTORNEY � �'��23i 2�co LESSEE: STATE OF MINNESOTA DEPARTMENT OF ADMiNISTRATION COMMISSIONER As to form and execution OFFICE OF THE ATTORNEY GENERAL ey Legal Assistant By Real Estate Management Division Date 00 �GU �, � � `� � ti� � o� �i _ Y � � ,� I� -^ -- � � •••^ �•.�� ..�.�•+� n�ir�nrvT�e cc•nT oG[T/Tf]/QT , � � �:�:;.. . R � i ORIGINAL Presented By Referred to Council File # �p-`6 Green Sheet # 1ooq5� committee: yaLe 1 RESOLUTION DIItECTING TFIE DIVISION OF PARKS AND RECREATION OF TfiE CITY OF 2 SAINT PAUL (City) TO INITIATE A LEASE AGREEMENT W1TA STATE OF MINNESOTA 3 (State), LEASING OFFICE SPACE AT THE BAKER MULTI-SERVICE CENTER (Center) TO THE 4 STATE. WITNESSETH: 5 WHEREAS, City is of owner of the Baker Multi-Service Center located at 209 W. Page Street; 6 and 7 WHEREAS, Ciry desires to lease space at the Center to non-profit service agencies such as 8 State of Minnesota; and 9 WHEREAS, State operates a Higher Educauon Services Office: Get Ready program; and 10 WHEREAS, State needs community based space to house the Get Ready program; and li Fi�a 13 14 15 WHEREAS, State has expressed interested in iniriating a lease for space; and WHEREAS, City has expressed interest in leasing the space to the State. NOW, THEREFORE BE IT RESOLVED, that the proper officials of the Division of Pazks and Recreation initiate the lease agreement with State of Minnesota for space the State needs at Baker Multi-Service Center. Requested by: � Diviq�on of / � � By:� Approval Recommended j�y Financial Services Director: I� Adopted by Council: Date ���OG Adoption Certified by Council Secretary By � _ — � �_ 4 "__ S " ��-^ Approved b ayo� e: �!�! � � By: By. Form Approved by Cit Attorney By: � Approved b for Subm' ion o Coun il � By: � di DEPMTMENT/OFFCFJCOUNCIL DATEINITATED GREEN SHEET ��� NO. 100954 Parks and Recreation 72-1-99 00- CONTACT PQiSON AND PHONE INITIAL/DATE INITALlDATE VinC2 GIIIeSpie 266-6408 � 1 DBMTMEN'fDIRECTOF r ancouNCa AS9GN M1MBBi 2 q7YATTORNEY CIiYCLERK MU5f BE ON COUNCIL AGFNOA BY IDAT� ��' �_pNµqq� SERNCES DIR. 4 MAYOR (pp ASSSTANTI s Parks & Recreation TOTALiOFSGNATUPEPAGES � (CWALLIDCAl10M8WRS10HATUiF.1 ' ACTION REQUESTID: Direct the Division of Parks and Recreation to enterinto a lease agreement with State of Minnesota for The Get Ready progrem space at Baker Community Center. RECOMMENDATONS: Approve W w RejeR �R) P918GNAL S91VME COMiP11CTb MUBT ANSW6t THE PoLLOWING ¢UES710N5: PLANNING COMMISSION _CIVIL SERVICE COMMI590N �. H� �q � �tt workM Ynder a coMraR for tNS departme�rt? C18 COMMITTEE VES NO A STAFF 2• Ha tltie penoNfirm mm bem a city employ«t — — VES NO DISiRICT COONQL — — 3. Does fi'ra pe�aoNli�m poaeas n skiN not nmmNly pomwsed by arcy currem aty employx7 SUPPORTS WHICH COUNpL OBJECi1VE7 VES NO Fapldn d Ya wwan on sepanta Yret end ettxh m Orean sheet. INITIATING PftOBLEM, ISSUE. OPPOflTUNIT' M1Nho, Whe6 When, Where, Whyl: State of Minnesota uses two rooms at Baker Community Center for Get Ready program spaces. The lease agreement must be approved. ADVANTAGES IF APPROVED: A program from the Minnesota High Education Services office, a state age�cy that informs families about academic and financial preparation for post high school education. -. , 4._m��:,,...�_ ng w.� �,^�'+ DI8PDVANTq6ESIFAPPflOVED: � 6�,�5> 1 �,� ��t •.� None Ci�+,.kCd#`� a���SC� ��� E� � z �r . - . , - - . . �'�� � .y s.', , ,� � i �. . ..""-` — ! a e,} R � ��� 9 DISADVANTAGES IF NOT APPROVm: The West Side of St. Paul needs this type of program so that youth are prepared for post high school education. TOTALAMOUNTOFTRANSACTON $ 2424.96/vear 1$202.08/month) COSTMEVFNUE611DOEfm(CIXCIEONq vES No RINqN6SOUtCE ACTVITYNtIM89t � / ��C� � �� FINANCIAL INFORMATION: IIXPWN) STATE OF MINNESOTA LEASE TOTAL AMOUNT See Clause 4 (Annual) 00 _C6 LEASE NO. � OHgZ THIS LEASE AGREEMENT is made by and between Citv of St Paul. Baker Center. Division of Parks and Recreation. Division of Community Services c!o Manager of Recreation 300 Citv Hail Annex 24 West 4" 5treet. St. Paui. 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 Hiaher 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 foflowing described Leased Premises located in the City of St. Paui, County of Ramsev, Minnesota, to-wit: From July 1, 1998 to September 30, 1998 approximately One Hundred Thirty Three i133j usable square feet of office space in Room #102. From October 1, 1998 to June 30, 2000 approximately 7wo Hundred Twentv Five (2251 usable square feet consisting of One Hundred Thistv Three (1331 usable square feet of office space in Room #102 pius Ninetv 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. 2. USE LESSEE shall use and occupy ths Leased Premises only as o�ce and storage soace for the Get Readv Proqram. Processing I�formation: /� // Contract: �� � 6 I � U170 L`J/ ✓ Ortler. I /�� / � � / l �/ � Number/DatelEntry Signa ure Number/Date/Signature � ' (Individuaf signing eerttBes that funds have been encum6ered as required by Minrt. Stat § 76AA5.) 3. TERM 4. �ii . , r? The term of this Lease Agreement is two f2) vears, commencing on Juiv 1. 1998 and continuing through Sune 30. 2000. PAYMENT OF RENT 4.1 As rent for the Leased Premises and in consideration for ai! covenants, representations and conditions of the Lease Agreement, LESSEE agrees to pay to LESSOR the sum of Four Thousand Six Hundred Sixtv Six and 53l100 Dollars ($4 666 531 for the term of the Lease Agreement, such amounf shall be paid in accordance with the rent schedule sef 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 $7,815.75 2 493.00 $4,666.53 MONTHLY PAYMENT $11926 $2�1.75 $207.75 4.2 LESSOR represents and warrants that it is s�?ely entiUed to ali 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 Cammunity 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 follow�.:g: 6.1 Utilities: LESSOR shall bear the cost :,f qas elec;ricitv. heat. liahts air conditioning, sewer and water. Payment for the costs of said utilities does not warrant uninterrupted service by the utility provided. LESSOR shali not be responsibie for damages caused by interrupted services. 6.2 Electrical Outlets: LESSOR shali provide adequate electrical ouUets uport the Leased Premises for the normal office use. 6.3 Lightina: LESSOR shali provide the Leased Premises with overhead lighting facilities sufficient to p�ovide 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 easity accessible thereto. 6.5 Janitoriai Service: LESSOR shall provide janitorial services and supplies to the Leased Premises and common areas of the buitding including replacement of light bulbs, starters and ballasts. a 0 , 6 6 6.6 Trash Removai: LESSOR shall provide the Leased Premises with a means or system of waste or trash disposai. 6.7 Common Areas: LESSOR shal{ provide sufficient light, heat and maintenance to the common areas and public access areas to the Leased Premises, including stairvvays, elevators, lobbies, and hatlways, so that such areas shaii be safe and reasonabiy comfortable. 6.8 Snow Removal: LESSOR shali keep the public sidewalks adjacent to the building and any sidewalks or stairways 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 ail appurtenances within the scope of this Lease Agreement, including the maintenance of proper plumbing, wiring, heating (and, where applicable, cooling) devices and duciwork. b. LESSOR shall document maintenance on the heating, ventilatin� and air condftioning system i.e., fiiter changes and cleaning methods and prrs�cedures. 6.10 Re airs: LESSOR shall make such necessary repairs so as to continue to provide ail 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 Qersortal property of IESSEE, nor shall LESSOR bear fhe 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 ciean and sanitary condition wfth aIl services and appurtenances inciuded within the scope of this Lease Agreement in effect and in good running order. 6.12 Quiet Enjovment: LESSEE shall have the quiet enjoyment of the Leased Premises during the full term of this Lease Agreement and any extension or renewai thereof. 6.13 Taxes and Assessments: LESSOR shall be responsible for payment or 311 taxes and assessments upon the Leased Premises. 6.14 Enerav Conservation: In the event any kind of energy conservatic+n measurPs are enacted by State or Federal authority, it is hereby agreed that LEuSOR shail reduce the quantity of utilfties and services as may be specificafly required by such govemmentai orders or regulations. Utiiities, within the meaning of this article, includes heat, cooling, electricity, water and ali the sources of energy required to provide said service. 6.15 E�cterior Liahtina: LESSOR shait provide adequate exterior lighting in the parki�g tots, building entrance%xits and loading dock areas. 6.16 Accessibilitv: LESSOR agrees to provide and maintain the Leased Premises and the buiiding of which the Leased Premises are a part with accessibility and facilities meeting code requirements for handicapped persons, pursuant to ail applicable laws, rules, ordinances and regulations as issued by any federai, state or local po�itical subdivisions having jurisdiction and authority in connection with said property. 6.17 Management: LESSOR agrees that in exercising fts management responsibiiities of the property of which the Leased Premises are a part, inciuding the maintenance, repair,�_ alterations and consWction retating thereto, it shal{ comply witfi aif applicabie iaws, statutes, rutes, ordinances and regulations, including but not limited to building code, disabilities access, zoning, air quality, poliution control, recyclable materials and prevailing wage requirements, as issued by any federal, state or Iocai polifical subdivisions having jurisdiction and authority in connection with said property. 7. DUTIES OF LESSEE 7.1 LESSEE shatl allow access to the Leased Premises by LESSOR or ifs authorized representatives at any reasonabie time during the I'rfe of this Lease Agreement for any purpose within the scope of this Lease Agreement 7.2 LESSEE shali not use the Leased Premises at any time for any purpose forbidden by law. 7.3 LESSEE shall not assign, sublet, or otherv✓ise transfer its interest in this Lease Agreement without the prior written consent of LESSOR. 7.4 LESSEE sha11 make no aiteraiions, additions, or changes in the Leased Premises without the advance written consent of LESSOR. AII alterations, additions, improvements and fuctures, which may be made or insta�led by LESSOR upon the Leased Premises and which in any manner are attached to the floors, wafis or ceilings, at the termination of this lease shall remain the property of LESSOR, and shail remain upon and be surrendered with the Leased Premises as a part thereof, without damage or injury beyond nortnai wear and tear and floor covering affixed to the floor shali likewise become the property of LESSOR. 7.5 LESSEE agrees to observe reasonable precautions to prevent waste of heat, electricity, water, air conditioning any other utility or any service, whether such is fumished by LESSOR or obtained and paid for by LESSEE. 7.6 Smokinq: 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 usabie square feet of space occupied by LESSEE. Usabie square feet for purposes of the Lease Agreement a�d calculating rent shall be computed by measuring the inside finished surface of exterior walis to the inside finished surface of buifding corridor and other permanent walis or to the center of walis separating the Leased Premises from other tenant space. If more than 50% of an exterior wall is giass, the dimension is taken from the glass line. Vertical shafts, elevators, stairwelis, dock areas, mechanical rooms, and utility and janitor rooms are exciuded. Restrooms, corridors, lobbies and receiving areas which are accessible to the general public or used in common with other tenants are also exciuded. No deductions are made for columns, pilasters or other projections to the building ff each is less than four (4) square feet. 9. DESTRUCTION OF PREMISES If the Leased Premises shall be destroyed or damaged by fire, tomado, flood, civii 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. 4 10. INSURANCE 00-66 10.1 Property Damage. It shall be the duty of LESSOR and LESSEE to mainfain insurance or self-insurance on their own property, both reai and personal. Notwithstanding anything apparently to the contrary in this Lease Agreement, LESSOR and LESSEE hereby release one another and their respective partners, officers, empioyees and property manager from any and ali Iiabiiity 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 responsibie. 10.2 Liability. LESSOR and LESSEE agree that each party will be responsible for its own acts and the results thereof to the extent authorized by law and shail not be responsibie for the acts of any others and the resufts thereof. LESSEE'S Iiabiiity 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 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 personafly or seM by registered or certified maii addressed as foliows: LESSOR: City of St. Paul Saker 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 Sherbume Avenue, Room 309 St. Paul, Minnesota 55155 with a copy to the occupant of the Leased Premises. All original bilis and statements from LESSOR to LESSEE shail be mailed or personaliy delivered to the occupant of the Leased Premises only. 13. NEW LESSOR In the event the Leased Premises or the building of which the same is a part shall be sold, conveyed, transferred, assigned, leased or subiet, or'rf LESSOR shail sell, convey, transfer, or assign this Lease Agreement or rents due under this Lease Agreement, or'rf for any reason there shall be a change in the manner in which the rental reserved hereunder shall be paid to LESSOR, proper written noUce of such change must be delivered to IESSEE as promptly as possibie. LESSEE'S 'Transfer of Ownership of Lease" document shall be executed by the parties in order that the State of Minnesota, Departrnent of Finance is provided with authorization to issue payments to a new party. 14. DEFAULT BY LESSOR 00-66 If LESSOR shali default in the performance of any of the tertns or provisions of this Lease Agreement, tESSEE shali promptry so notify LESSOR in writing. if LESSOR shall fail to cure such defautt within thirty (30) days after receipt of such notice, or if the defauft is of such character as to require more than thirty (30) days to cure, and LESSOR shall fail to commence to do so within thiriy (30) days after receipt of such notice and thereafter diligently proceed to cure such default, than in e'sther event, tESSEE may cure such defautt and any reasonabVe 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 shall have the specific cight 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 Agreemenf. 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 shail be due, or any failure to perform any other of the tem�s, condi6ons 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 ��on 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 ta have waived its right (ff any) to coliect rent due ('rf any) from LESSEE hereunder or to enforce the other obligations of LESSEE fiereunder. 16. ,�:J.�iT 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 shaii be subject to examination by the State and/or Legisiative Auditor during normal business hours and after reasonable notice to LESSOR. 17. EMINENT DOMAIN a. In the event of a taking of any portion of the Leased Premises which would make the remainder of the Leased Premises untenantable, in the sole but reasonable opinion of LESSEE, this Lease Agreement shall terminate on the date of such taking, and the rent required to be paid by LESSEE hereunder shali be apportioned and paid to the date of such taking. In the event of any such taking, LESSOR and LESSEE shall together make c�ne claim for an award for their combined interests in the property and the net award received (after deduction of reasonable fees and expenses of coilection, including, but not limited to reasonable attomeys' fees) shall be paid to LESSOR (including the value of the Ieasehoid), except that LESSEE shall be entitled to any separate award made for its trade fixtures 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 shali continue in full force and effect; provided the rent is prorated to reflect the usable area of the Leased Premises which is rendered untenantabfe by such taking, and LESSOR shaA, at its expense, proceed with reasonable diligence (subject to unavoidable delays), to commence and compiete restoration. AII 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 � value of the Ieasehold), except that LESSEE shall be entitled to any separate award made for its trade fixtures or for moving expenses. . 18. HAZARDOUS SUSSTANCES OO ' � �O 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 Iocai, state or federal faw, ruie or regulafron pertaining to environmeMai 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 amertded (`RCRA'), the Superfund Amendments and Reauthorization Act of 1980, as now or hereafter amended (TSCA'), the Minnesota Environmental Response and Liabilityr Act ('MERLA'), or any simiiar statutes or regulations, and any wastes, pollutants and cantaminants (including without limitation, materiais confaining asbestos, urea formaldehyde, the group of organic compounds known as polychtorinated biphenyls ('PCBs'), and petroleum products including gasoline, fuel oil, crude oii and various constituents of such products.) b. LESSOR warrants and covenants that it did not, and wiN not in the future, instatl, use, generate, store, dispose of or release on or about the building or the iand of which the Leased Premises or the Building of which the Leased Premises are a paR, except for immateriai quantfties of any Hazardous Substances customaril� used in the construction and maintenance of like properties or in other uses of the Leased z remises or the building or land of which it is a part which have been used in accordance with applicable Iaws, statutes, regulations and ordinances then in effect. LESSOR further agrees to indemnify and hoid LESSEE (and its o�cers, partners, employees, agents and directors) harmless from and against any ciaim, damage, loss, fine or any other expense (including wfthout limftation clean-up costs, court costs, attomeys' fees, engineering or consultant fees, other costs of defense and sums paid in settlement of claims) arising out of LESSOR'S instailation, use, generation, storage, disposal or rel�;,,e ,f 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 building or the iand 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 wr�tpn notice to LESSOR. BC dprcospcs lease.doc 7 IN WITNESS WHEREOF, the parties have set their hands on the date(s) indicated below intending to be bound thereby. OD —66 APPROVED: STATE OF MINNESOTA HIGHER EDUCATION SERVICES OFFICE By �, �?c li� ritte ��.t tsr.�`�f a� �,trrszeu,(� Date 5 ��3�F� LESSOR: CITY OF ST. PAUL, DIVISION OF PARKS AND RECREATION Titie Date FIN CIAL SERVICES CITY ATTORNEY � �'��23i 2�co LESSEE: STATE OF MINNESOTA DEPARTMENT OF ADMiNISTRATION COMMISSIONER As to form and execution OFFICE OF THE ATTORNEY GENERAL ey Legal Assistant By Real Estate Management Division Date 00 �GU �, � � `� � ti� � o� �i _ Y � � ,� I� -^ -- � � •••^ �•.�� ..�.�•+� n�ir�nrvT�e cc•nT oG[T/Tf]/QT , � � �:�:;.. . R � i