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D00840CITY OF SAWT PAUL � � \J � OFFICE OF THE MAYOR ADMINtSTRATIVE ORDER ADMIIVISTRATIVE ORDER, No: 1� 00 c� Lf: G Date: 2 - � ` g� WHEREAS, since August i, 1994, H-Marc (aka: Hamline Midway Area Rehabilitation Corporation) has leased, through Lease Agreement LIB/1, 300 square feet of office space in the Hamline Branch Library; and WHEREAS, the term of the said L,ease Agreement LIB/1 expired on July 31, 1995; and WHEREAS, it is the intention of the parties to the said agreement to extend the lease for an additional year; THEREFORE BE IT ORDERED, that the proper City officials are hereby authorized and directed to execute Addendum I to L,ease Agreement LIB/1, extending the term through July 31, 1996. APPROVED AS TO FORM _�/� �+/'^'wvr Assistant City Attomey f- L �-?G Date .Daag�o F.M.S./REAL ESTATE DIVISION Date: 1/2/96 Green Shcet Numbez: 3e}020 i �n�rrnm�v�, crn courrcu. tact Petson and Phane I3am6er. � ..^��.Rw 2 Cll'Y ATl'ORNEY CLERK aveNelson ��:(/� 266-8850 °°' TJD("sETDIRLCIY)R &MGTSVCDIR YOR (OR ASQSPANl) 4 Fstate Divmon M,� be � � R F�E a�f �g CO"CAI, # OF S[GNAIURE PAGES 1 (Q]P A7d.IACAIIONS FOR SICiNATORL�j f Y � C7701V UESAFD: `� EAL fSTqT£D/y1Slp�y To e�end throngh Jnly 31, 1996, the term of T.ease Agreement LIB/1, leasing 300 square feet of office space to H-Marc, a.k.a. Hamline-Midway Area Rehabilitation Corporation, in the Hamline Branch Library. Ref: 1. Administrative Order for signature; 2. Copy of Lease Agreement LIB j1; 3. Sample Copy of Addendum I to Lease Agreement LIB jl. RR,COMIvffi�IDATIONS: APPROVII (A) OR RE3F.('P (R) NAL SERVICE CONl'RACiS MUSl' ANSWLR 1T� POLLOWINCr. . PIANNING COMMISSZON S T A �' 1. Aas the person/fnm ever wozked mda a mntr�t for this departmeat? YES NO CNII. SERVICE COP�IISSION �� Pe�n/� ��a a Gty employee?. YFS NO , Does tLis peiaoa/t"ssm po�sess a skill not m:ma��9 P� b9 a°Y ���� _ Cuxre¢t City employee? YPS NO " all YFS aoswea on a separete sheet and attach SUPI'ORTS WItICH COUNCII.OETF.(GINE? couxcn. waRn�s� q v�cr �ei.nrmmvG courrca. 11 �rnvG rxasi�nr, 7ssus, orromvrnzsr �wno, wnaz, wnen. w'�,�, w�)- �,������� Lease Agreeraent LIB/1 expired on July 31, 1995. ,$Q� � 5 tg,y� `;,v'ti=a"�;;': "�'�y :`,?�.` N;:> i',. VANIAGES TF APPROVED: � H-Marc will continue to occupy its offices in the Hamline Branch Library. nis��v�uvrnGas �nrrxovm. RECElVE� ����`��' �� None FE8 - 51996 � � ,��{� 9 DTSADVANI'pGFSIFNOTAPPROVFD: � ��,,� ��� . u H-Marc would have to fmd office space elsewhere. 'OTAL AMOUNi' OF TRANSAClION: �j�$OO.00 �YRev�c� $un��Tm (c�c� or� xo ING SOURCE: ACIIVITY NUMBER F[NANCfAI. INF6RMATiON: (S}LPIAIN) � �V � r-. � - � � LJ I/i � Addendum I to LEASE AGREEMENT LIB/1 WHEREAS, Since August 1, 1994, H-MARC (aka: Hamline Midway Area Rebabilitation Corporarion) has leased 300 squaze feet of office space in the Hamline Branch Library; and WfiEREAS, Lease Agreement LIB/1, the instrument of the said lease, expired on July 1, 1995; and WHEREAS, it is the intention of H-MARC and ihe Depaztment of Libraries to renew this lease for another year; � BE IT THEREFORE RESOLVED, that Lease Agreement LIB/1 is hereby amended as follows: 1. Paragraph [2] Term of the Lease. shall be changed to read: [2J Term of Lease. This lease shall be in effect for a term commencing and ending on the dates indicated below, uniess terminated earlier by the LESSOR as provided herein. Term (Months/Years) Commencing Date Ending Date 1 Year August 1, 1995 July 31, 1996 2. All other terms and conditions of the said Lease Agreement LIB/1 shall remain in full force and effect. , LJ • ����Q IH y���gg WHEREOF, the parties hereto have set their hands and seals the day and year in this L.ease fiTSt above-written. LESSOR N A Mayor City Clerk i D' ector of inanc � and M agemen Services �� � �-���- Department Director £���/��- /- 23--9C City Attorney (Porm Approval) LESSEE Its • Its Its ���0 � � �l�bi� Revised 6/29J94 Authority (C.F. or AO.) LEASE NO. FINANCE DEPT: LEASE NO. Lffi/1 DATE: August 1. 1994 LESSOR: CITY OF SAIIVT PAUI. DEPARTMENT OF LIBRARIES LESSEE: H-MARC (aka: HAMLINE MIDWAY AREA REHABILITATION CORPORATION 1558 MINNEHAHA AVENUE WEST SAINT PAUL, MINNESOTA 55104 [1] Leased Premises. The LESSOR, in consideration of the payment of the Basic Rent and Additional Rent hereinafter specified to be paid by the LESSEE, and the covenants and agreements herein contained, does hereby lease, demise and let unto LESSEE the premises hereinafter referred to as the "Leased Premises," consisting of 300 squaze feet of office space in the Hamline Branch Library whose address is: �� CITY OF SAINT PAUL STANDARD LEASE AGREEMENT 1558 Minnehaha Avenue West - Saint Paul. Minnesota 55104 together with any buildings, filctures in such buildings, improvements and structures, if any, located thereon; r � j2] Term of Lease. This lease sha11 be in effect for a term commencing and ending on the dates indicated below, unless terminated earlier by the LESSOR as provided herein. Term (Months/Years) 1 Year Commencing Date August 1, 1994 Ending Date July 31, 1995 F� � • j` . [3] Use of Premises. The LFSSEE shall use and occupy the Leased Premises for the following purpose: office s�ace and for no other purpose without the prior written consent of LESSOR. [4] Rent. Rent shall consist of Basic Rent and such Additional Rent as may apply. LFSSEE shall pay all rent in advance, on the first day of the term of the lease and on the first day of each payment period thereafter as indicated in the Payment Schedule below: (A) Basic Rent Schedule Total Basic Rent During Lease Term -- (Payment Period -- Commencing Date -- $ per Period) $1,800 Monthly August 1, 1994 $150 (B) Additional Rent. Additional Rent means all amounts, other than Basic Rent provided for in paragraph (4-A) above, that LESSEE shall be obligated to pay under tlus paragraph or other provisions of this Lease. Additional Rent shall include, but is not limited to, the following fees, costs and expenses: • (1) all cosu for telephone service including but not limited to installation costs, monthly service and long distance charges; (Z) property insurance premium and/or uninsured losses as set forth in paragraph (6) of this Lease. In the event that LESSEE does not make such payments (or any payments required to be paid as Additional Rent), LESSOR may make the payments at its option, and the payments so paid become Additional Rent, and aze due and payable by the LESSEE with the payment of Basic Rent next required after written notice of same to the LESSEE by LESSOR. LESSEE shall make all payments of Basic Rent and Additional Rent to L.ESSOR at the following address: Saint Paul Public Library - 90 West 4th Street - Saint PauL Minnesota 55102 [5] RiPht of En� At all times during the term of this lease, the LESSOR shall have the right, by itself, its agents and employees, to enter into and upon the Leased Premises during • reasonable business hours or, in the event of an emergency, at a� time for any legitimate purpose. ���� . [6} Insuras►ce. (A) LFSSOR'S Insurance. The LESSOR shall acquire and keep in effect during the term of this agreement the following coverages: (1) FIRE AND ALL RISK INSURANCE, on the Leased Premises with limits of not less than 90% of fuil replacement value shall be purchased by the LESSOR; the I,ESSEE'S proportionate of the premium for said insurance and, in the event of a cl aim y any deductible share shall be included in the Basic Rent,. Said insurance shall name the City of Saint Paul as the insured. With respect to any loss of the LESSOR'S property not covered by insurance, it shall be the responsibility of the LESSEE, within a reasonable time, to pay all costs to repair or reglace the damaged property with like ldnd, such reasonable time to be determined by the LESSOR. LESSEE shall be responsible for insurance of its own property. (B) LESSEE'S Insurance. The LESSEE shall acquire during the term of this lease the following coverage: (1) The LESSEE shall be responsible for the self insurance of, or the acquisition of Commercial Property Insurance on, its personal property. (2) COMPREHENSIVE GENERAI. LIABILIT'Y INSURANCE including blanket � wntractual liability coverage, personal injury liability wverage and broad form property damage liability endorsement with a combined single limit of not less than $600,000 per occurrence shall be purchased by the I.ESSEE. Such insurance shall: (a} name the City of Saint Paul as additional insured; (b) he primary with respect to LESSOR'S inswance or self-insurance; (c) not exclude elcplosion, collapse and underground property damage; (d) be written on an "Occunence" Form policy basis; and (e) may contain an "aggregate" policy limit of $2,000,000 (3) AUTOMOBILE LIABII.ITY INSURANCE with minimum limits of $600,000 combined single limit and $1,OOQ000 aggregate, covering hired, non-owned and owned automobiles. (4) WORKERS' COMPENSATION INSURANCE, if applicable, with not less than statutory minimum limits; and EMPLOYERS' LIABILITY INSURANCE, if applicable, witl� minimum limits of at least $100,000 per accident and with an all states endorsement. (5) 'I`be LESSEE shall supply to LESSOR cuneni insurance certificates for policies reouired in Paragraph (6). The said certificates shall certify whether or not the agent has errors and omissions insurance coverage. (6) The limits cited under each insurance requirement above establish m;nimums; and � it is the sole responsibility of the LESSEE to purchase and maintain additional insurance that may be necessary in relation to this lease. 3 ��uo (7) Nothing in this contract shall constitute a waiver by the LESSOR of any statutory limits or exceptions on liability. • (8) I.ESSEE shall piace the insurance with responsible insurance companies authorized and licensed to do business in the State of Minnesota and approved by LESSOR, and shall deliver copies of the policies to LESSOR on the date of LESSEE'S execution of this agreement. The policies required in paragraph (7) shall be endorsed to indicate that the insurer cannot cancel or change the insurance without first giving the L.ESSOR 30 days' written notice. (C) Waiver of Subro ation. LESSOR waives its right of subrogation for damage to the Building, contents therein, loss of use thereof, and/or ]oss of income, up to the amount of insurance proceeds collected. LESSEE waives its right of subrogation for damage to property in the Leased Premises, loss of use thereof, loss of income and/or accounts receivable, up to the amount of their respective insurance proceeds collected. The pazties shall notify their respective insurance companies, in writing, of the provisions of this paragraph; and, if either cannot waive its subrogation rights, such party shall immediately notify the other party, in writing. [7] Cancellation or Termination. This lease shall be subject to cancellation and temrination by LESSOR at any time during the term hereof by giving the LESSEE notice in writing at ninety (90) days, (thirty (30) days for leases with a term of one (1) year or less or any month- to-month tenancies) prior to the date when such temunation shall become effective. In the • event of such termination, and on the effective date of such termination, LESSOR shall return any uneamed rental paid by the I,ESSEE without interest. [8] Notice. All notices herein provided to be given, or that may be given by either parry to the other, shall be deemed to have been fully given when served personally on I.ESSOR or LBSSEE, or when made in writing and deposited in the United States Mail, certified and postage prepaid, and addressed to the LESSEE at the address stated on page (1) and to the LESSOR at the Real Estate Division, 218 City Ha11, Saint Paul, Minnesota 55102. The address to which the notice shall be mailed may be changed by written notice given by either party to the other. Nothing herein shall preclude the giving of such address change notice by personal service. [9] Assignment and Subletting. LESSEE shall not assign or sublet this I.ease without the written consent of the LESSOR, which consent must be obtained prior to the execution of auy agreement to sublease t2�e Leased Premises. [10] Payments in Case of Default. LESSEE shall pay LESSOR all costs and expenses, including reasonable attorney's fees in any action brought by I.ESSOR to recover airy rent due and • unpaid hereunder, or for the breach or default of any of the covenants or agreements contained in this Lease, or to recover possession of said property, whether such action progresses to judgment or not. 4 . ��� [ll] Surrender of Premises. The LESSEE, at the e�cpiration of said term, or any sooner termination of this lease, shall quit peacefully and surrender possession of said properry and its appurtenances to I,ESSOR in as good order and condition as the property was delivered � to the LESSEE. [12] Indemnitv. The LESSEE agrees to indemnify, defend, save and hold harmless the City of Saint Paul and any agents, officers and employees thereof from all claims, demands, actions or causes of action of whatsoever nature or chazacter, arising out of or by reason of the Lease of the herein described L.eased Premises by the LESSOR to the LESSEE, or the use or condition of the L.eased Premises or as a result of the operations or business activities taking place on the Leased Premises. It is fully understood and agreed that LFSSEE is aware of the conditions of the Leased Premises and leases the same "as is." [13] Holdover. Any holdover after the expiration of the term of this Lease shall be allowed only after receiving the written consent of the LESSOR. Said tenancy shall be deemed to be a tenancy only from month-to-month. All other terms and conditions of this Lease shall be applicable. [14] Potlution and Contaminants. LESSEE agrees to comply with all ordinances, laws, rules and regulations enacted by any governmental body or agency relating to the control, abatement or emission of air and water contaminants and the disposal of refuse, solid wastes or liquid wastes. • LESSEB shall bear all costs and eacpenses arising from compliance with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold harmless LESSOR from all liability, including without limitation, fines, forfeitures, and penalties arising from the failure by LESSEE to comply with such ordinances, laws, rules or regulations. LESSOR has the right to perform cleanup and cbarge the LESSEB as Additional Rent for such costs should the LESSEE fail to comply. [15j Controlling Lease. In the event there is any prior existing lease or rental agreement between LESSEE and I,ESSOR (or its predecessor in interest) covering the subject property, it is agreed and understood that this Lease shall cancel and terminate any prior leases or rental agreements as of the effective date of this lease. [16j Destruction. In the event the Leased Premises becomes untenantable or unfit for occupancy due to damage or destruction during tbe term of this Lease, LESSOR may at its option: (A) terminate the lease upon fifteen (15) days' written notice to iESSEE; or (B} if the destruction shall be attributable to the occupancy of the Leased Premises or to the actions of the LESSEE, within fifteen (15) days agree to restore the premises within a • reasonable time period following the casualty, charging the costs in excess of the insurance proceeds, if any, to the LESSEE as Additional Rent; or `����o (C) if the destrucuon shall be attributable to the occupancy of the L.eased Premises or to the actions of the LESSEE, may direct that LESSBE promptly restore the L.eased Premises � to substantially tbe condition existing immediately prior to such damage or destruction, and for that purpose, if such damage or desiruction was caused by perils insured against the LESSOR shall make available to LESSEE pro-rata, as work progresses, the net proceeds of such insurance. ff such proceeds aze insufficient to pay the entire cost thereof, LESSEE agrees to pay as Addiuonal Rent, a lump sum payment (or in a form agreed upon by the LFSSOR) equal to the remainder of such cost. The Basic Renu to be paid during the restoration period shall be abated in proportion to the percentage of loss and impairment of the use of the Leased Premises as determined by the LESSOR, times the number of days of loss or impairment. [17] Events of Default. The occurrence of any of the following events during the term of this Lease shatl constitute an event of default by the L,ESSEE: (A) the filing of a petition to have LESSEE adjudicated banla�upt or a peution for reorganization or arrangement under a� laws of the United States relating to bankruptcy filed by LESSEE; (B) in the event a petition to have LESSEE adjudicated bankrupt is filed against LESSEE, the failure to dismiss such petition within ninety (90) days from the date of such filing; • (C) the assets of LESSEE or of the business conducted by LESSEE on the L.eased Premises be assumed by any trustee or other person pursuant to any judicial proceedings; (D) LBSSEE makes airy assignment for the benefit of creditors; (B) the failure by LESSEE to timely pay Basic Rent or Additional Rent as required by this Lease; (F) the failure by LESSEE to observe and perform any covenant, condition or agreement on its part to be observed or performed as requued by this Lease; or (G) the failure by LESSEE or iu surety to discharge, satisfy or release any lien or lien statement filed or recorded against the Leased Premises within sixty days after the date of such filing or recording, whichever date is earlier. It is an express covenant and agreement of LESSOR and LESSEE that LESSOR may, at its election, terminate this Lease in the event of the occurrence of any of the events described in this paragraph or in paragraph (20) relating to liens by giving not iess than ten days' written notice to LESSEE; and when so terminated, LESSOR may reenter the Leased Premises. This Lease and its Leased Premises shall not be treated as an asset of LESSEE'S estate. It is further expressly understood and agreed that LESSOR shall be entitled upon � such re-entry, notwithstanding airy other provision of this Lease, to exercise such rights and remedies as aze provided in Paragraph (22) of this Lease. ���`�� ! [18] Comnliance with Laws. T't�e property described herein may be used for only the purposes stated herein. It is the sole and exclusive responsibility of the LESSEE in the use of the property to comply with all laws, rules, regulations or ordinances imposed by any jurisdiction affecting the use to wiuch the property is proposed to be put. Inability or failure by the LFSSEE to comply with any of said laws, rules, regulations or ordinances will not relieve the LESSEE of the obligation to pay the rental provided herein. [19] Non-Discrimination. The LESSEE for himself, his personal representarives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that (A) no person, on the ground of race, seay col�r creed, religion, age, disability, marital status, status with respect to public assistance or national origin or ancestry shall be excluded from participating in, be denied the benefiu of or be otherwise subjected to discrimina- tion in the use of said facilities; (B) that in connection with the construction of airy improvements on said lands and the furnishing of services thereon, no discrunination shall be practiced in the selection of employees and contractors, by contractors in the selection and retention of �rst tier subcontractors, and by first-tier subcontractors in the selection and retention of � second-tier subconuactors; (C) that such discrimination shall not be practiced against the public in iu access in and use of the facilities and services provided for public accommodations (such as eating, sleeping, rest and recreation) constructed or operated on the Leased Premises; and (D) that the LESSEE shall use the premises in compliance with all other requirements imposed pursuant to the Saint Paul Legislative Code Chapter 183. [20] Liens. The LESSEE shall not permit mechanic's liens or other liens to be filed or established or to remain against the Leased Premises for labor, materials or services furnished in connection with azry addirions, modiHcations, improvements, repairs, renewals or replace- ments made to the Lzased Premises, or for any other reason; provided that if the L,ESSEE shall first notify the LESSOR af its intentian to do so and shall deposit in escrow with the LESSOR a sum of money or a bond or irrevocable letter of credit acceptable to the LESSOR equal to the amount of the claim of lien, LESSEE may in good faith contest atry such claims or mechanic's or other liens filed or established and in such event may permit the items contested to remain undischarged and unsatisfied during the period of such contest. If, in the opinion of the LESSOR, the nonpayment of any such items subjects the Leased Premises to airy loss or forfeiture, the LESSOR may require the L,ESSEE to use the escrow account to promptly pay a11 such unpaid items and if LESSEE fails to pay from the escrow account, the � LESSOR may pay and charge the LESSEE as Additional Rent. 7 ��I� � � [21] Eminent Domain. In the event the entire Lzased Premises aze taken by emiuent domain, or such portion thereof is so taken that in LESSEE'S reasonable judgement it is uneconomic thereafter to restore the Leased Premises and pmceed under the terms and provisions of this Lease, LFSSEE may terminate this Lease by giving to LESSOR thiriy days' written notice of termination, effective as of the date on which the condemning authority acquires legal tifle or physical possession of the Leased Premises. LESSEE hereby waives and releases any claim to or share in the Awazd of Compensation for the taldng, notwithstanding any other provision of law, this Lease or a� other agreement. LESSEE may to the eartent otherwise permitted in the eminent domain proceeding, remove its own trade fixtures at its own e�cpense. [22] Default Remedies. In the event an Event of Default occurs under paragraph (17) of this L.ease, LESSOR may exercise any one or more of tt�e foilowing remedies: (A) reenter and take possession of the Premises without ternunation of this L.ease, and use its best efforts to ease the Premises to or enter into an agreement with another person for the account of LESSEE; (B) terminate this lease, exclude LESSEE from possession of the Premises, and use its best efforts to lease the Premises to or enter into an agreement with another in accordance � with applicable law; (C) exclude LESSEE from possession of the Premises, with or without terminating this Lease and operate the Premises itself; (D) terminate the Lease, exclude LESSEE from possession of the Leased Premises, sell all or any part of the Premises at the best price obtainable (provided such sale is permitted by applicable law,) such sale to be on such terms and conditions as the L,ESSOR, in its sole discretion, shall determine and apply the proceeds of such sale less arry expenses thereof for the account of the LESSEE. (E) exercise any remedies available to it under the Minnesota Uniform Commercial Code; (F) take whatever action at law or in equity may appear necessary or apgropriate to collect the Basic Rent and Additional Rent then due and thereafter to become due, or to enforce performance and observance of any ohligation, agreement or covenant of the LESSEE under this Lease. (G) in exercising any of its remedies set forth in this Section, the LESSOR may, whether or not the I,ease is then in effect, hold the LESSEE liable for the difference between the payments and ott�er costs for which the LESSEE is responsible under this Lease. � ��� No remedy herein confened upon or reserved to LFSSOR is intended to be exclusive of any other available remedy or remedies, but each such remedy shall be cumulative and shall be • in addirion to every other remedy given under this L.ease or now or thereafter ea�ting at law or in equity by statute. No delay or omission to exercise any such right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereo� but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the LESSOR to e�rcise any remedy reserved to it in this Provision, it shall not be necessary to give any notice, other than such notice as may be herein e�ressly required. [23] Default of Pa�ment. LESSEE agrees that, should it default on any payment owing and due to be paid to LESSOR as provided in this agreement, including but not limited to Basic Rent and Additional Rent, then the remaining unpaid balance shall, at the option of the L.ESSOR, immediately become due. Said LESSEE further agrees that the LESSOR may, at its option and to LESSEE, enter judgment against LES3EE in Ramsey County District Court for the amount of tbe unpaid balance of Basic Rent. LESSEE does hereby agree that the LESSOR, at its option, may enter a judgment, at any time within one year of the time the last payment shall have come due, for the full amount of tbe unpaid balance due pursuant to the confession of judgment provided herein. [24] Alterations. The LESSEE will not make any alterations to the premises without the written consent of the LESSOR, such consent not to be unreasonably withheld. If the LESSEE • desires to make any such aiterations, an accurate description shall first be submitted to and approved by the LESSOR and such alterations shall be done by the I,ESSEE at its own expense. All such work shall be performed under the LESSOR'S supervision and any improvemenu made to the I.eased Premises at the I.ESSEE'S expense shall become the property of the LESSOR at the end of the Lease period. LESSEE agrees that all alterations will be done in a workmanlike manner and in conformance with applicable building codes, that the structural integrity and building systems of the building will not be impaired, and that no liens will attach To the premises by reason thereof. [25J Amended. Anything herein contained to the contrary not withstanding, this Lease may be terminated, and the provisions of this Lease may be, in writing, amended by mutual consent of the parties herein. • 7 � ��� IN VS'ITJ�'ESS R'HEREOF, the parties hereto have set their hands and seals the day and year in this Lease first above-written. • LESSOR Mayor NfA City Clerk Director of Finance and Management Services epartment Directo • City Attorney (Form Approval) LESSEE ���� ��� �ts P�c�e.� � ��� �.�. � It5 • ItS io