274911 WHITE - CITV CLERK
PINK - FINANCE G I TY O F SA I NT PA U L Council
CANARV - OEPARTMENT 44
BI.UE - MAVOR File �0. � 1"��
Co�cncil Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
WHEREAS, Poulssen's Restaurant desires to lease approximately
3, 010 square feet on the ground floor of the City Hall Annex for
purposes o� operating a full-service restaurant; and
WHEREAS, said space has become available when the Division
of Purchasing moved to the City Hall and Court House; and
WHEREAS, the City has no proppsed public use contemplated
for that portion of the CitX Hall P;nnex; and
WHEREAS, the use of the space by Poulssen's Restaurant is
compatible with other space uses in the City Hall Annex and
adjoining properties; now, there�ore, be it
RESOLVED, that the proper City officers are authorized and
directed to execute a lease agreement with Poulssen's Restaurant
for space in the CitX Hall Annex whereby the tenant would occupy
approximately 3,010 square �eet of space on the �irst floor at
an annual rent of $9.50 per square £oot, plus the tenant being
obligated to pay for electricity, hot water costs and cleaning
for a term of five years with two options to renew �or three-
year periods each and the City to provide heat, air conditioning,
water and sewer charges, copy of the proposed lease agreement
being attached hereto.
COUNCILMEN Requested by Department of: �,�
Yeas Nays
-�� �j Finan & Mana e �
Hozza [n Favor
Hunt
Levine � __ Against BY
Maddox
Showalter
� M� i 3 �� Form Approved by`•.Ci Att ney
Adopted by Council: Date
Certified Ya: • ouncil S r BY
�
Bl' � ♦
Approved avor: Date — �AV �1 F'i �� App by Mayo for issi ' to Council
BY ' —
pu�..[�HE� MAY 2 4 1980
, • .,. , • � 131t"";1�/�'�T;�
�;
: Rev.: 9/8/"t6 ,
. ,�LANIlT?:�N OF ADM�N.IS1'�ATIV� t)ROEF�_, �`$���
.RE A�.,U?,Ztt#YS,� I�t��CES. �
� �� B�E� E ���� f�:
��.:
- �,
. :MAY � - f9�
:Dates �y �.• 1�D
�� � :
:
�'
' �Tt3: P4A1�OR GEtiR� LAi`IA�Et4 , �`
T�R�LT: ��naxd Carlson, .IJirecta�, FiM�nce a�d Ma�ac�e�aent �l�vices. � ��,'
�R� Miles McE;iri].ey, PrQperty l�tanager�y►t �:�
�
l
R£t z.+e�#.ng` of 3,010 sq. ft. cf space � th� f�,r�t ficoz :o� th�a ci.t�r i�].i ��i
tt� �au�seen's Restauran� , ' �
;
� ; _
" ,AG�IflN REQU�S"t'��� . `� :
,
�..
Coua�i� a�rova�.7. of, re�olution to allow the Tc�le Rea� Estate C�pany
, �o groce�d �rvith the lease 'arrangements with Pou].ssen'�s R�s�taura�t.
�
,s
;
' �URP,�,_„OSE�AI#� R�,A_TS_,QNA�1�E,EDR TNI� ACTIDNs `
� To rent spa�� on the 'first and- secortd flc�ors of the Ci�y Hall An�x �� a. .<
. coa�ae��:tive rate that will ev�ntuall.y allow a reduced rat� ta �he �i��
d�g�nts on the upper Eloors.
��C�IE,�t
Tc�r�s� �a�nY Prcposal
. : Councik Resolu�ion ,
, . ��
����r�^
LEASE AGREEMENT
THIS LEASE, made and entered into this day of
, 19 , by and between the CITY OF SAINT
PAUL, a municipal corporation of the State of Minnesota,
hereinafter referred to as "Lessor" , and POULSSEN'S ,
a Minnesota corporation, hereinafter referred to as "Lessee" .
. I .
LEASED PREMISES - TERM
Lessor does hereby lease, demise and let unto Lessee and
Lessee does hereby hire and lease from Lessor the portion of
the building located in the City of Saint Paul, County of
Ramsey, State of Minnesota, formerly known as the Lowry Medical
Arts Annex and now known as the City Hall Annex, consisting of
3, 010 square feet, and identified on the attached map which is
marked Exhibit A, to have and to hold the same for a term,
hereinafter called "original term" commencing on the lst day of
August, 1980, and ending on the 30th day of July, 1985, unless
sooner terminated as hereinafter provided, subject to all the
terms, covenants and conditions set forth herein and subject
to Lessee' s right and option to extend said term as hereinafter
provided.
, ����'�� `�
zz .
RENEWAL
At the expiration of the original term, this lease may be
renewed at the option of the Lesse2 for two additional extended
terms of three years each. Any exter.sion of this lease as pro-
vided above shall be upon and subject to all of the terms,
covenants and conditions of this lease during the original
term except as hereinafter modified and provided that:
A. Lessee must give Lesscr written r.otice at least sixty
(60) days prior to the expiration of said original term
•
of Lessee' s desire tc renew and �xtend this lease for an
extended term; and
B. Lessee must not be in default at the time notice
is given or at the comr.iencement of any extended term.
III.
RENTALS
Lessee hereby covenants and agrees to pay rent to Lessor �
beginning on the commencement date of this lease at Lessor ' s
office of the Department of Finance and Management Services in
the City of Saint Paul, Minnesota, or at such other place as
Lessor may from time to time designate in writing, annual rent
at the rate of $9 .50 per square foot for the intitial term of
the lease, or the monthly sum of $2 , 382 . 92 . Rent for extended
terms of this lease shall be increased equal to the increases
2 .
, �'J��"�'�.
in cost of living index and shall be an amount negotiated and
agreed upon between the parties at th� time Lessee exercises
each option. In the event Lessee is required to pay real estate
taxes on ther premises leased herein, annual rent paid to Lessor
shall be reduced by the amount of such real estate taxes .
IV.
USE OF PREMISES
Lessee may use the demised premises for a food restaurant
only. Any proposed change in use from that of a food restaurant
shall first be approved in writing by the Director of Finance
of the City of Saint Paul.
V.
ORDINANCES
Lessee agrees not to use or suffer to permit the demised
premises or any part thereof to be used for any purpose of use
other than herein provided, or in violation of any laws, zoning
ordinances or other ordinances, or of the regulation of any
governmental authority, or in any manner that will constitute
a legal nuisance orin any manner that will violate, suspend,
void or make inoperative any policy or policies of insurance of
any kind whatsoever at any time carried on the demised premises.
3.
����.���` '�
� a ,�;..`��.� ��
vz.
INDEMNI'I'Y AND LIABILITY INSURANCE
Lessor shall not be liabie to ?�essee or to any other person
or persons for or on account of any injury, death or damage
occasioned in, on or about the demised premises to persons or
property of any nature or sort whatsoever, or wheresoever arising,
or for or on account of any death or any injury to persons or
property that may result by reason of any future lack of repair
of said premises, or improvements thereon, or the wiring, equip-
ment, furnishings, fixtures or apparatus therein or thereof, or
by or from plumbing, gas, water, steam or other pipes or sewage,
or by or from the use, misuse, or nonuse of said premises or
improvements thereon or any part thereof, or any equipment,
furnishings or fixtures therein, or apparatus thereof by any
person lawfully or unlawfully upon said premises, or by or from
any act, omission or neglect of any such person, or by or from
the acts of tenants of adjoining or contiguous property, or in
any manner whatsoever growing out of the future condition or
use of the demised premises, or improvements, or any part thereof.
Lessee covenants and agrees to indemnify and hold Lessor harmless
from and on account of any and all loss, damage, claim of damage,
liability, expense, costs and counsel fees arising out of or
resulting from or incurred in connection with the matters or
things hereinbefore specified, and from and against any and all
damage or liability arising from any accident or any occurrence
4 .
causing injury or death to any person or property whatsoever, or
whatsoever and directly due or indirectly due to the use, misuse
or nonuse by Lessee or any of its agents, contractors, servants,
employees or licensees or the condition of the demised premises
or any part thereof, or any appurtenances or equipment thereof
or therein, or arising out of any failure of Lessee in any
respect to comply with any of the requirements or provisions of
this lease.
Lessee shall at Lessee ' s sole cost and expense but for the
mutual benefit of Lessor and Lessee maintain reasonable and
adequate general public liability insurance against claims for
personal injury, death or property damage occurring in, upon or
about the demised premises and on, in or about the streets,
sidewalks and passageways on and adjoining the demised premises.
The minimum limits of liability for such insurance shall be
$100, 000 for injury or death to any one person and $300, 000 with
respect to injury or death to more than ane person, and $300 ,000
with respect to damage to property. Lessee agrees to funish
Lessor with certificates evidencing such insurance written in
companies acceptable to Lessor and including Lessor as a named
insured on the policy. All such certificates shall provide that
the insurance evidenced thereby will not be cancelled by the
insuror except on ten (10) days ' prior written notice to Lessor.
5.
VII.
TAXES
The Lessee agrees �o pay or cause to be paid before penalty
attaches, all taxes, excise taxes, assessments, fees, and other
charges of whatsoever nature levied, assessed or imposed by
federal, state or local authorities on the demised premises or
the ownership thereof or the rents recieved therefrom which are
due and payable during the original term and all extended terms,
if any. If at any time ar.y such taxes, assessments, fees and
other charges due and payable during the originaT term and all
extended terms, if any, shall be levied by the State of Minnesota
or any political subdivision thereof against the Lessor with
respect to its interest in the demised premises, or rentals payable
by the Lessee hereunder, the Lessee agrees to pay or cause to be
paid when due any and all such taxes, assessments, fees and
other charges .
VIII .
INSURANCE
During the original term and all extended terms, if any,
Lessee shall keep the demised premises insured against all risks
except flood and against war damage when available for the full
replacement value in a company or companies to be approved by
Lessor with loss payable to Lessor and Lessee as their respective
interests may appear. Lessee shall pay promptly when due all
6.
premiums on such insurance. The originai policy shall be
delivered to and kept and retained by Lessor as additional
security for the covenants of Lessee herein, and before the
expiration of any such policy of insurance Lessee shall deposit
with Lessor a neca policy to replace th� policies so expiring
or a rider renewing the same .
IX.
REPAIRS AND MAINTENANCE
Lessee shall at all times and at its own expense keep the
demised premises and all improvements thereon in good order,
repair and condition, shall make all necessary repairs and
replacements to the demised premises whether structural or
otherwise and whether ordinary or extraordinary, and further
shall repair all damage done to the demised premises from what-
e��er source or cause so as to keep the demised premises in good
and tenantable condition. Lesse� shall at its sole cost and
expense rnaintain the improvements on the demised premises
existing on the ccmmencement date of this lease and make such
additional improvements as may become reasonably necessary to
Lessee 's use of the demised premises. Lessee shall not at any
time permit any security interest or any mechanics, laborers or
material-men's liens to stan3 against the demised premises.
Deposit with Lessor or with any court of competent jurisdiction
of sufficient security to cover such liens shall be deemed
7.
. � �#�����.
compliance with tr.is paragraph. Lessor shall r.ot be require3 to
make any expenditures whatsoever in connection with this lewse
er to make any repa�rs or to maintain the demised premises in
any way during the original term and all extende3 terms, if any.
It is expressly understood and agre2d that except as provided
herein, this lease is a "net lease" intended to insure �,essor
the rent on an absolute net basis.
X.
DESTRUCTION
In the event of damage to or d2struction of the 3emised
premises or any part thereof during the original term or exten-
sions, if any, Lessee shall promptly restore the demised gremises
to substantially the condition existing immediately prior to such
damage or destr�action and for that purpose if such damage or
destruction was caused by perils insured against, Lessor shall
make availabl� to Lessee pro rata as work progresses the net
proceeds of such insurance. If such proceeds are insufficient
to pay the entire cost thereof, Lessee agrees to pay the remainder
of such cost. There shall be abatement of the rents becoming 3ue
and payable hereunder during the period of restoration.
XI.
UTILITIES
Lessor agrees that the following utilities are included in
the rent: heat and air conditioning. All other utilities and
8.
service such as refuse removal, electricity/gas, hot water,
cleaning and telephones, shall be at the sole expense of the
Lessee during the original and extended term, if any.
XII.
ASSIGNMENT AND SUBLETTING
This lease shall not be assigned, nor shall the demised
premises or any part thereof be sublet, used or occupied by any
other person, corporation, partnership or other organization
without Lessee first obtaining the written consent of Lessor
thereto expressed in an Administrative Order issued by the Director
of Finance; provided that such consent shall not be unreasonably
withheld by Lessor. All of the provisions of this lease shall be
binding upon every assignee, sublessee, user or occupant of said
premises o� any part thereof with or without the consent of Lessor,
and Lessee hereby guarantees the performance of all provisions of
this lease by any assignee, sublessee or occupant; but nothing
in this paragraph contained shall be interpreted or construed
as a waiver by Lessor of the restrictions set forth in the first
sentence of this paragraph. Any assignment or subletting by the
Lessee of this lease or of the leasehold interest of Lessee here-
under shall be made subject to all the rights of the Lessor
� expressed in this lease and shall be made without prejudice to
or impairment of any of Lessor' s rights as expressed in this
lease or otherwise.
9.
XIV.
SURRENDER OF PREMISES
Lessee shall upen the expiration er earlier terminatior. of
this lease surrender to Lessor the demised pre:r.ises incl�ading
without limitation the building, improvements and fixtures
except Lessee"s movable trade fixtures and furniture and equip-
mer.t then upon the demised premises, in go�d condition and repair,
reasonable wear and tear exc�pted; and all alterations, improve-
ments or ether additions which may be made or installed by or at
the instance of either party her�to or by any assignee or sub-
lessee of the Lessee hereund�r to, in, upon or about the demised
premises, except Lesse�'s movable trade fixtures, furniture and
equipment, shall be the property of the Lessor, and upon any
such expiration or termination shall be surrendered to Lessor by
Lessee without any injury, damage or disturbance thereto or pay-
ment therefor.
In the event that Lessee shall hold the demised premises
after the expiration or termination of this lease with the
consent of Lessor, expressed or implied, but without renewal
as provided in this agreement, such holding over shall in the
absence of a written agresment on the subject, be deemed to
have created a month-to-month tenancy terminable on thirty (30)
days' notice by either party to the other at a monthly rental
equal to that hereinbefore provided, and otherwise subject to .
all of the terms and provisions of this lease.
10.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed as of the day and year first above written. �
�
i
�
APPROVED AS TO FORM: CITY OF SAINT PAUL !
�
Z
City Clerk
i
' _ Director, Department of
Finance and N�anagement Services
I
STATE OF MINNESOTA I f
)
) ss. �
COUNTY OF RAMSEY ) �
,
�
The foregoing instrument was acknowledged before me this
day of , 19 , by City Clerk; and
Director of Finance and Manage-
ment Services, of the City of Saint Paul, a municipal corporation i
of the State of Minnesota, on behalf of said C�ity of Saint Paul.
I
,
No�ary Public��
My commission expires:
11.
�
By '
Its
By
Its
STATE OF MJNNESOTA)
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this
day of , 19 , by
and ,
of � , a Minnesota corporation,
on behalf of said company.
Notary Publti.c
My commissipn expires:
�
12 .
-'-- -� -r �.. � ._ .. . . . _. . . .. I .
. . . ��.���� -
�
/S"' I _
• . i
1
Zj - �
�
�i
� ;�
J �y
�. '
��y�
�N
�• �-
4� ��
I
� �
. _ � :
� .
' � I
. �\ I
i'�• �� .� . .
� 1
� " ' _ �" ' � �� -' �i. � ._1 .
. � .
��
� � � i
� � ' .I
: i � :; �
, - ,
� ,
�.i � -�, i- i
R' I ( �
� J � . 1
� ,,� �
�. - - � • � �
1 ' J ( � '\ t,I
� � �
,
3
�
i
.. . '_ i �• 1
� �
. � -� - �
I . - � ,
: ; � ,
i . . i" ; .
r; _ � � .
ti . I �. .
.�-� r� �. �, �: \ r . •
:t....�_ _� ' -- - � . ._�_ . -_.._ � , -...- --.. .��
%y•.
- - . - � - - . _. . ._ ..