270619 WHITE - CITV CLERK (1 t �
PINK - FINANCE COUIICII
CANARV - DEPARTMENT GITY OF SAINT PALTL �����"..;-� .
BLUE - MAVOR File NO.
u cil Resolution
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Presented By
Referred To Committee: Date
Out of Committee By Date
WHEREAS, the City of Saint Paul and the Metropolitan Transit Area
entered into a Joint Powers Agreement dated June 21, 1977 providing
for conduct of the preliminary engineering phase of the Downtown
People Mover Transit System, hereinafter referred to as "DPM" ; and
WHEREAS, the scope of work contained in the Agreement dated
June 21, 1977 provides the City of Saint Paul will establish a public
information program including an information center in the downtown
area and be responsible far other tasks as more specifically set forth
in the scope of work; and
WHEREAS, City is desirous of leasing office space for an infor-
mation center and to conduct other activities related to the City's
responsibilities for the conduct of the DPM study; and
WHEREAS, BRW/Kaiser Engineering, a Joint Venture, designated
as the general engineering consultant for the preliminary engineering
phase of the DPM, has office space in the Bremmer Building, St. Paul,
which it has offered to sublease to the City for its use as a public
information center and to conduct related activities for the engineer-
ing phase of the DPM.
NOW THEREFORE, BE IT RESOLVED the attached agreement providing for
subleasing of office space by the City of Saint Paul for the above
mentioned purpose is approved and the proper City officials are hereby
authorized and directed to execute the agreement.
COUNCILMEN �
Yeas Nays Requested by Department of:
Butler � In Favor
Hozza ��!✓'
Hunt
Levine _�___ Against BY — �
�D-vcnicr
S ylvester
Tedesco
Form Approved by City Attorney
Adopted by ncil: Dete ��-$–� �
Certif� Passed ouncil c tary • B,Y-
:
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Appr e by ;Vlayor: Dat _ � �978 App ov by Mayor for miss n to Council
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S U B L E A S E
Sublease ma.de this 2nd day of March , 1978, between
BRW/KAISER ENGINEERING, A JOINT VENTURE,herein referred to as
Lessee, and the CITY OF SAINT PAUL, a municipal corporation af the
State of Minnesota, herein referred to as Sublessee.
WHEREAS, Lessee has leased Room 310 of the Bremer Building,
St. Paul, Minnesota, herein referred to as the demised premises,
from A. C. Clasema.n & Assoc. , Inc. , Lessor, under a separate lease
agreement; and
WHEREAS, Sublessee desires to lease a portion of those premises
from Lessee; and
WHEREAS, the Lessee and Sublessee desire to enter into an
agreement providing for said subleasing.
NOW THEREFORE, in consideration of the mutual covenants
contained herein, the parties agree as follows :
SECTION 1. Description of Premises. Lessee sublets to
Sublessee Room 310 of the Bremer Building for 3ublessee's non-
exclusive use and occupancy.
SECTION 2 . Purpose of Sublease_. The premises are to be used
by Sublessee as a public information office in which to provide
the public with information and carry on other activities related
to the preliminary engineerin� phase of the Downtown People Mover
Pro,ject of the City of Saint Paul.
SECTION 3. Term. The term of this Sublease shall commence
on execution of this document and terminate on October 1, 1978.
SECTION 4. Rent. Sublessee shall pay to Lessee as rent for
the entire term specified the sum of Four Thousand Dollars ($4,000. 00)
in one lump sum payment; said sum bein� the total rent for the
term.
SECTION 5. Assignment and Subletting. Sublessee will not
assi gn this Sublease and will not sublet the premises or any part
thereof without the consent of the Lessor and Lessee .
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SECTION 6. Use of Premises. Sublessee will abide by all
reasonable rules and regulations imposed by Lessor in the original
lease, in particular, the rules and regulations attached to said
original lease, and will comply with all laws and ordinances
relating to his use and occupancy of the premises.
SECTION 7. Condition of Premises. Sublessee having occupied
the premises knows the condition of same, and accepts the premises
for its lease on an "as is" basis.
SECTION 8. Performance of Original Lease. Lessee shall not
do, or permit, any act, condition or thing to occur that would or
may constitute a default under the original lease, except to the
extent that the occurrence shall have resulted directly or indirectly
from a default by Sublessee. Sublessee shall have the right, but
shall not be obligated, to take any action that shall be necessary
to prevent or cure a default by Lessee under the terms of the
original lease.
Sublessee shall not do or permit anything to be done which
will cause a default of the original lease between Lessee and Lessor.
SECTION 9. Default by Lessor or Lessee. If Lessor or Lessee
fails or neglects to perform the sublease or orginal lease which
a�ffects the occupancy of the premises by Sublessee, then Sublessee
may, after notice in writing, terminate this sublease.
SECTION 10. Termination Prior to Expiration of Term. In the
event the original lease or this sublease is cancelled prior to the
expiration of the term for reasons other than default by Sublessee,
or if the premises are destroyed or taken by eminent domain proceedings
so as to render premises unfit for occupancy, then rent paid hereunder
shall be returned to Sublessee in an amount equal to one twelfth (1/12)
of the total multiplied by the number of months remaining on the term.
SECTION 11. Notice of Cancellation or Termination of Original
Lease. If the Lessor shall cancel or terminate the ariginal lease
or if Lessee shall terminate or cancel the original lease, Lessee
shall give written notice to Sublessee immediately upon notice
received or notice sent by Lessee concerning cancellation or termi-
nation of the original lease.
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SECTION 12. Utilities. Sublessee shall not be responsible for
the payments of electric, heat, water and other utility charges
attributable to Sublessee' s reasonable use of said utilities.
SECTION 13. Nothing herein shall be construed as a limitation
on the rights reserved and obligations imposed upon the Lessor and
Lessee contained in the original lease.
IN WITNESS WHEREOF, the parties hereto have executed this
Sublease the day and year first written above.
BRW/KAISER ENGINEERING, A JOINT VENTURE
B G�
Y
By
CITY F SAINT PAUL
By
ts
`2�
Its ity Clerk
t
gy ....
ts Director Department of
Finance and Management Services
APPROVED AS TO FORM
���
Assistan City Attorney
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CONSENT TO SUBLEASE
Lessor does hereby consent to the subletting of Room 310
of the Bremer Building, St. Paul, Minnesota, now occupied by
Lessee, BRW/Kaiser Engineering, A Joint Venture, to the City of
Saint Paul, a municipal corporation of the State of Minnesota,
for its non-exclusive use and occupancy for the purpose of
providing public information and the conduct of related activ-
ities in the preparation of a preliminary engineering study of
the Downtown People Mover Project .
This Consent is not a waiver of the restriction or limita-
tion on the subleasin� of the premises by Lessee without consent
of Lessor, and Lessor reserves the right to approve any further
tenant with whom Lessee desires to make any additional sublease.
Dated this ��D day of /'jyj�`,� , 1978.
A. C. CLASEMAN AND ASSOC . , INC.
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By —