Loading...
269065 WHITE - CITV CLERK PINK - FINANCE G I TY. OF SA I NT PA U L Council ��,�.� . � � � CANARV -DEPARTMENT File NO. �l ��r ` BLUE - - MAYOR � � ouncil Resolution � � � Presented By I Referred To Committee: Date Out of Committee By Date � RESOLVED, That the Council of the City of Saint Paul does hereby approve the Lease Agreement between the City and Doerfler Construction Company, Incorporated, whereby the City will continue to lease office space on the entire second floor of the Lowry Hotel Building for a term of three (3) years at the rate of $5.50 per square foot (which includes all utilities) in substantially the same form as the attached copy of Lease Agreement, and the proper City officers are hereby. authorized to execute the Lease Agreement on behalf of the City of Saint Paul, to be financed from Public Works Engineering Intergovernmental Service Fund in the amount of $73,104. 00 and from General Fund 02100 in the amount of $15,600. 00 per year. A oved as t ing: Director, De rtment of Fina ce and Management Services COUIVCILMEN ' Requeste by Dep�tment of: _ Yeas Nays Butler �.. In Favor Hunt Levine __ Against BY Roedler S ylvester MAY 1 2 1.917p Form Approved y C y Atto y Adopted ouncil: Date Cer ied Pass ounc� tary � BY y' � Appro e y 17ayor: Da �_ �Y 1 9 �7 Approve by May r for Sub si t ouncil f By BY PuB��sHE� �1AY 2 8 1977 I �� ' ' ;�'��� 'i s_ , LEASE AGRE�P'lENT THIS LEASE AGREEM,ENT, Nade and entered into this day of , 1977, b_y and between DOERFLER CONSTRUCTION COP�iPANY, INCORPORATED, a 2�Iinnesota corporation, as °Lessor" , and the CITY OF SAINT PAUL, a municipal corporation of the State of Minnesota, as "Lessee"; WITNESSETH: 1. Lessor daes hereby lease to Lessee, and Lessee hereby accepts the entire second-floor space (excepting the public ccar- ' ridor area) as shown on the attached Exhibit A (being hereinafte� referred to as "leased premises") , of the building commonly knowrl . as the Lowry Hotel, situated at Fourth and Wabasha Streets in Saint Paul, 2"innesota, to be used by Lessee for office purposes only, for the term of three (3) years commencing an the day of 1977, and terminating on the 31st day of May, 1980 (both dates inclusive) . 2. As rental for the leased premises, Lessee agrees to pa_y in equal monthly installments an annual rental. of Five and 50/lOQ Dollars ($5. 50) for each square foot of the leased area. For the purposes of this Lease Agreement, Lessor and Lessee agree that tl�le leased premises consists of 16 ,T28 square feet. The rental ' installment for each month durin_q the lease term-. shall be pa_yab�ie in advance by Lessee ta Lessor on the lst day of each and every month at such place as Lessor may hereafter designate in writing. Lessor will mail monthly statements to Lessee. 3. Lessor aorees to furnish such heat, electricity, w�ter, , sewer, air conditioning and janitorial services to the leased ' premises as are reasonably necessary for the comforta}ale use and ', occupation of the Ieased premises during business hours for the ' purposes of this Lease Agreement. Lessor shall furnish elevator ! service to the leased premises, and Lessee shaZT be provided with access to the adjacent streets throuc�h the first floor of the Lowry Hotel Building. It is expressly understood and agreed by Lessee that no failure to furnish any or all of such services, regardless of the cause of such failure, shall be construed as an eviction or work an abatement of the rent or in anywise render Lessor liable for damages to person or property, whether suffered by Lessee or any other person, by reason of any such failure, or I , release Lessee from the prompt fulfillment of any of its covenantis under this lease; provided, however, that if b_y reason of any suc� failure to furnish any or all of sueh services, the leased premisies become and remain untenantable for five (5) consecutive business days, then Lessee shall have the right to terminate this lease as' of the close af business on the lOth business day next following ' the date on which such notice is given by Lessee to Lessor unlessi such services are within such period of time restored by Lessor, '' and in the event of any such failure of such services for five '� (5) or more consecutive business days, there shall be an abate- j r.ient of the rent due hereunder for each day of such failure of service. 4. During the term hereof the parties shall have the follo�a ing duties and responsibilities to maintain, repair or replace, if necessary, the leased premises and improvements of which the leased premises are a part: �, (A) Lessee shall maintain, repair or replace its ' improvements and betterments, all decorating, wall cover- ings, floor coverings and ceilings in the leased premises. (B) Lessor shall maintain, repair or replace all structural members, walls, footings, roofs� floors, door- ways, mechanical systems, electrical, heating, ventilat- ; ing, air conditioning, utility metering eq_uipment and , facilities, and other parts of the building in which the I leased premises are situated. ' � (C) Lessee shall replace all broken glass and li.ght i bulbs on the leased premises. ' All maintenance, repairs and replacements shall be ! made promptly and in good and workmanlike manner so that defective parts of the leased premises are put in good, tenantable and sanitary condition. 5. Lessee may sublet any part of the leased premises and � may permit any other person, whether jointly with Lessee or �, otherwise, to occupy any part thereof without first obtaining on ! each occasion the written consent thereto by Lessor. 6. Lessee shall r_make no improvements, alterataons or modifi-- cations on the leased premises or any part thereaf, without Lesso�'s 2• 'I prior written consent, such consent ta be not unreasonably withhe d. Lessee shall pay promptly all costs and expenses relating to any � such permitted remodeling, alteration or modification of the leas�d premises, and, also for each and all repairs required hereunder o Lessee' s part to be made with respect to the leased premises so t�at no mechanic' s liens or other charges are asserted, through the fi - ing of a lien statement or otherwise, for or with respect thereto and in the event any such lien statement is thus filed or any suc lien is otherwise thus asserted, Lessee shall, at its sole expens , cause the same to be immediately discharged of record and shall i all respects hold Lessor and the leased premises and the real estate in which the leased premises are situated whole and harmle s from and against any such lien. 7. Lessee shall not allow any waste of water, electricity, � air conditioning or heat, or any mis-use or neglect of water, electric or other utility fixtures or appliances, heating appara-� tus or other building equipment in the leased premises. Lessee shall not do or permit to be done in or upon the leased premises anything which will increase the fire or extended coverage risk hazards or cause the insurance rates, with respect to the buildi g in which the leased premises are situated, to be increased or wh ' ch will invalidate said insurance policies or any gart thereof, nor do anything that may be injurious to life or limb. Further, Les ee shall not in any manner deface or injure the leased premises nor overload the floors thereof nor permit any objectionabTe noise o� odors to escape or to be emitted therefrom nor do or permit any- � thing to be done in or upon the leased premises in any way tendi�g to create a nuisance or to disturb any other tenant in the build 'ng in which the leased premises are situated or the occupants of neighboring property or to injure the reputation of the building� Lessee shall at all times during the lease term comply with all municipal, state and Federal laws and regulations with respect t� the leased premises and shall not permit said premises to be use for lodgirig, sleeping, cooking or immoral purposes. 8. Lessee shall not do or suffer anything to be done by which persons or property in or about the leased premis�s or in r about the building in which the leased premises are situated may� be injured or endangered. 9. In case the leased premises or any part thereof, or the whole or any part of the building in which the same are situated� shall be destroyed or partially destroyed by fire or other casua ty 3. i , � not resulting from the negligence or intentional acts of Lessee, r its employees or agents, and, as a result thereof, the leased pre - ises become and remain untenantable for a period of ninety-one (9 ) days, then Lessee may, by written notice served upon Lessor, terminate this lease. In case this lease is not thus terminated by Lessee, such termination to be by notice given by Lessee withi thirty (30) days after the expiration of said ninety-one (91) day period of untenantability, the lease shall remain in full force and effect notwithstanding such total or partial destruction of t e leased premises or of the building in which the same are situated and in such eventuality the rent herein reserved for the remainin portion of the lease term following the occurrence of such fire o other casualty loss shall be abated in just proportion to the nature and extent of the injur_y sustained by the leased prer,�ises until theleased premises shall have been put in proper condition for use and occupation. 10. In case the leased premises or any part thereof, or the '� whole or any part of the building in which the same are situated, ; shall be taken by right of eminent domain or other authority of law, or shall be sold to any public or quasi.-public authority whi h would otherwise have the right to acquire said premises by con- demnation or right of eminent domain, this lease may, at the elec tion of Lessee, be thereby terminated by written notice to that effect to Lessor within thirty (30) days after such taking or suc sale, as the case may be, is completed. 11. This lease does not grant to Lessee any rights to light and air over property except public streets and alleys adjoining the land on which the building in which the leased gremises are situated is located. 12. Lessor shall not be liable under any circumstances for any loss of property by theft, burglary or other felonious conduc from the leased premises. Lessor shall not be halden or liable f r any loss or damage which may be sustained by the Lessee by the �, reason of freezing, bursting, overflowing or defect of any ��ater, l, sewer, gas or steam pipes, closets or sinks in or about the leasec� premises or from premises overhead, nor for any loss or damage wh ch directly or indirectly may be sustained by water, sewer or gas, n r for the loss or damage caused by water, ice or snow from roof, sk - lights, trap doors or otherwise, nor for loss or damage b_y the reason of the present or future condition af repair of the leased premises, nor for loss or damage arising from the acts or omissio s of Lessee or other tenants or occupiers. 4. 13. At all times during business hours throughout the full � term of this lease, Lessor and Lessor' s agents and employees shal have free access to the leased premises for the purpose of examin ing the condition thereof. At all times during business hours du�ing the last six (6) months of the lease term, Lessor and its employees and agents shall have free access to the leased premise for the purposes of exhibiting the same -to prospective tenants an buyers and to place upon said premises notices of "To Rent" , whic notices shall not be removed or interfered with by Lessee. Throu h- out the full term of this lease, during business hours, Lessor shall have the right to exhibit the premises to prospective buyers of the building in which the premises are situated. 14. This lease is made upon condition that if Lessee shall I neglect or fail to pay any installment of rent reserved hereunde , or fail to perform or observe any other covenant and condition on its part to be observed or performed hereunder, and shall fail to fully cure such default or non-performance within fifteen (15) d s � after written notice with respect thereto has been given by Lesso to Lessee, then and in any of such events, and at any time there- after, Lessor may ter�inate Lessee's estate hereunder, and the lease term herein granted to Lessee, by any .of the following � methods -- (i) by notice in writing of such termination to Lessee, (ii) by commencement of any action to recover possession of the leased premises, (iii) by any action to terminate, set aside, r�- scind or cancel this lease, or (iv) by re-entering the leased premises. Upon the happening of any of said events giving Zesso the right of termination, or in the event of �he termination of ! this lease by Lessor and the termination of Lessee' s estate here-� under as herein permitted or provided for, Lessor may re-enter an take full possession of the leased premises, with or without process of law, and r�move all persons and property therefrom, using such force as may be reasonably necessary, and Lessor shall not be lia le for damages resulting from its re-entry into the leased premises and the removal of persons or property therefrom, and it shall n t be liable to restore, care for or protect property in or about t leased premises, but Lessor shall have the right upon such re-en ry to remove and store personal property found at the leased premises all at Lessee' s expense. Lessor shall have a lien on said personal property for the expense of removal and storage, as well as for y other sums due under this lease or as a result of Lessee' s breac thereof, but Lessor shall not be liable for. loss or other damage to said property suffered in its removal or storage thereof as herein permitted. Upon the termination of the lease term and of Lessee' s estate hereunder under the provisions of this paragraph, i 5. j . I i ; � Lessee shall have no right, title or interest in the leased prem- ises or any right of occupancy thereof, but, notwithstanding such termination, Lessee shall be and remain liable ta Lessor for paym nt of the aggregate of the rents and other amounts payable under thi lease by Lessee for the balance of the lease term and the expense of re-entry. Lessor, after re-entry, shall have the right, but n t � the obligation, to re-let the leased premises, and any rents re- ceived on such re-letting shall be credited first against the expense of re-entry and of making the leased premises tenantable, and of the re-letting thereof, and then against Lessee' s obligati n to pay the rents and other amounts due hereunder for the remainde of the lease, in that order; but in no event sha11 Lessee be en- titled to any excess rent received from the re-let�ing of the leased premises over the rents due and reserved under this lease. The pursuit of any remedy herein provided shall not be a binding election on the part of Lessor, nor result in any waiver of any right or remedy, and any right or remedy given under this lease t Lessor shall be in addition to and cumulative with Lessor' s right$ of action against Lessee for damages for breach of the lease and for recovery of rent and other amounts due under the lease. Any exercise of the right of re-entry or of the termination of the le se term shall not be a waiver of any right of Lessor to recover dam- ages or other amounts against Lessee. 15. At the termination of this lease, when Lessee is not in default of the full observance and performance of all terms and conditions hereof on its part to be observed or performed, Lessee shall have the right to remove such fixtures or other installatia s that it has placed in the leased premises and shall be fully re- sponsible to restore the leased premises to the same condition as the same were in prior to the placement of such fixtures or in- stallations, ordinary wear and tear being alone excepted. 16. All notices, demands or documents required or permitted to be _given or delivered hereunder shall be given by certified ma 1, return receipt requested, postage prepaid, and when so mailed sha 1 be deemed to have been given on the day deposited in the United States mails, addressed to the party to be notified at the addresl listed below or, in case the party to which such notice, demand o document is directed has previously notified the party giving suc notice, demand or document of a change in mailing address, to suc changed address: (a) As to Lessor -- 1885 Wilson Avenue St. Paul, Minnesota 55119 Attention: President 6 . �����. ; (b) As to Lessee -- ; � The City Clerk City of St. Paul City Hall St. Paul, Minnesota 55102 Attention: City Council 17. Lessor shall, at all times during the term of this lea e, procure and maintain at Lessor' s expense fire insurance with an extended coverage endorsement insuring the building, including t e leased premises and the improvements located on the leased premi es. Lessee shall at all tirtes during the term of this lease procure nd maintain at Lessee's expense, fire insurance with an extended coverage endorsement insuring the improvements, betterments, fix tures and merchandise owned or installed by Lessee in the leased premises. 18. Lessor and Lessee do each hereby mutually waive and re-t lease all claims, liabilities and causes of action against the ; other that each (and its agents, employees and servants) ma__y hav� or clairn to have for loss or damage to, or destruction of, the le�sed premises (in the case of the Lessor) or any and all equip .ent, supplies, merchandise or other property in or about the leased p em- ises or the building in which the same are situated (in the case of the Lessee) , which result from fire, explosion or other perils i - cluded in standard. fire and extended coverage risk insurance, whether caused b_y_ the negligence of the Lessor or the Lessee, or the respective agents, servants and employees of either of them, or otherwise. These mutual waivers shall remain in force so long a the respective insurers of Lessor and of Lessee shall consent th re- to without additional premium, and it is agreed that if the waiv r hereunder from either of the parties to the other shall terminat or be suspended for any reason, then in like manner and with lik effect the reciprocal mutual release and waiver from the other party_ shall be terminated or suspended, as the case may be. 19. Lessor shall keep the building in which the leased pre - ises are situated in good order and the exterior of said buildin free from all refuse, shall keep the sidewalks free from snow, i ice and all obstructions, and shall promptl_y and reasonably remo e all garbage and refuse of any kind from the gremises during the term of this lease. 7. 20. The Lessor covenants that the Lessee, upon paying the rental and performing the covenants upon its part to be performed hereunder, shall and may peaceably and �uietly have, hold and enjoy the premises hereby leased during the term hereof. 21. This lease is an integration of the complete agreement of the parties hereto as to the leasing of the leased pre�ises to Lessee. There have been no representations, affirmatians, assur- ances, guarantees or promises made by or on behalf of Lessor or by Lessee, or relied upon by either, as to the leased premises, this lease, or matters relative thereto, which are not set forth herein. This lease shall not be aZtered, amended or modified ex- cept by written agreement between the parties signed by them. IN WITNESS WHEREOF, The parties have caused this Agreement t be executed as of the day and year first above written in multipl counterparts, each of which counterparts is hereby declared to be an original hereof, but all such counterparts together shall constitute but one Agreement. DOERFLER CONSTRUCTIORT COP�PANY, INCORPORATED By Its And Its 8. i � STATE OF bsINNESOTA ) ) SS � COUNTY OF RAMSEY ) I The foregoing instrument was acknowledged before me this day of . � 1977, by , i and � (Title) , of DOERFLER CONSTRUCTION COM�ANY, INCORPORATED, a Minnesota corporation, on behalf of said company.� Notary Public My comrlission expires i . i Approved as to Form: THE CITY OF SAINT PP_UL , i By Assistant City Attorney l�ayor - Director, Department of Financ and hTanagerient Services 9. i ; � _ I ��:���� STATE OF P�IINNESOTA ) i ) ss COUNTY OF RAP4SEY ) The foregoing instrument was acknowledged before me this day of , 1977, by George Latimer and Bernard Carlson, lulayor and Director of the Department of Finance , and Management Services, respectively, of the CITY OF SAINT PAUL, a municipal corporation, on behalf of said City. , Notary Public My commission expires I i Fee Owner' s Consent to Sublease The undersigned, being the fee, owner of the real estate in which the above-described leased space is situated, hereby con- sents to the leasing of said space by Doerfler Construction Company, Incorporated, (which is the Lessee of the entire structure known as the Hotel Lowry from the undersigned) to the City of St. Paul for the term and upon the conditions as in the foregoing lease agreement set forth. Dated at St. Paul, l��innesota, as of this day of May, 1977. . PORT AUTHORITY OF THE CITY OF � SAINT PAUL By 10. ! � . , l�... . ' . � ,. . . � '� . . ' � . ...,... ..`.._ ._.._.. .. . . -4. ' " ' / h� r� � . ' �,: . ' ' ��� . � . � �y r� � ' � ,��:� � � ._. . � �� �� . . . . �. . , � � � — � � . �i ' •d , ': � r ,'� � ; • _.._ —'�+..�._ � .— _ - I �' _ � �' -- - :9 . . ... ; ,. �. _G'��'S �' �-N�P-�c�'-�'� ;, �I ,, --a Ni71 U� P��-t�c���� ` � , , i . .�, _�.�. U �'�''��-.�l�`'!�; VJ�J�" � -.. �� , -- Iv` . -_'�r�JJ'�,(.� 'N����---- ; i � �'�' + , i� �,.n � i' � , ,, , _RE I1 � — — � i; /; , I . . /�� � � ;��.:.:-�, , .��;.. r; �f �.�,,,, M;�, i ��� , �.i �� , ./ . � � ,� , ,. , � �� ;, ;� , � . � c� � L �ex :� / t � , � �I.�- '� � � � %� � 'f +� � / '. � / � , ; ,; �.- � / �/j , /J , . p � � / �� / �/ - . .� I . �/� / �.� ,� I � J / ; %/ i / / . '� / . � ;!l;� / / , ' : � . _ � / /I� � j / d �h�b��- ���,,. _ __ � _ - . � � � L : _ ' �` - �� � ��:-:--- � Z D _ . �. .