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01-699Return copy to: (bn) Real Estate Division 140 City Hali ORIGINAL � Presented By Referred To Council File # CI-GQq Green Sheet # � �\�Q Comxnittee: Date aq 1 WI3EREAS, the Departrnent of Public Works has negotiated an agreement with Ramsey County to 2 extend from March 1, 2000 through Febniary 28, 2002, Lease Agreement PW/5, said Lease is for 31 3 pazking stalls in the Second Street Gazage adjacent to the Ramsey County Government Center East 4 building; 6 � BE IT THEREFORE RESOLVED, that the proper City officials aze hereby authorized and directed 8 to execute Lease Agreement PW/5 9 Requested by Department of: Adopted by Council: Date C �\ Adoption Certified by Counci cret B Y� � � • � Approved by Mayor: Date ..�v�Mr(P ZG19t s f �� 1 TechnoloQV & Manaeement Services By: � //�//�A ��%��'G9��G� D'uector Form Approved by. Cit}�-Attorney j � By: �� '�` 6_ S o t Approved by Mayor for Submission to Council By:��¢� L T.M.S./REAL ESTATE DIVISION Date: June 4, 2001 Green Sheet Number: 111150 2 ARlMINI'DIRX.QOR 4 CItYCOUNm. onqct Persou aud Phoue Number: „ .. 1 wrrowVC�r � _r�� aemc Bob Novak 266-8850 ��'��xT�R � F�+s°'. 3 YOR(ORASSLSLAMJ 5 RdFidxD� ust be on Council Agenda by: June 27, 2001 OTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATiONS FOR SIGNATURE) Cl'fON REQi7ESTED: To approve a two year term for Lease Agreement PW/5, an agreement to lease 31 parking spaces in the econd Street Garage to Ramsey County. Ref: 1. Resolution for consideration; 2. copy of lease agreement Mexn�noKC:weeaovewox xe�crUn ERSONAL SERVICE CONTRACl'S MUST ANSWER THE FOLLOWING: eumvuve co�nmox _ �, . Has the persodfirm ever worked under a contract for this deparlment? YFS NO rnuseanceco�.rtn�ss�au . Has this person/firm ever been a City employee? YFS NO �� . Does this person/firm possess a sldll not norroally possessed by any Isin all YF.S answers on a se arate sheet and attach. UPPORTS WffiCH COUNCII.OBJECTIVE? COUNCIL WARD(S) 2 DISTRICT PI,ANNING COUNCII. � 7 1YAITNG PROBLEM, ISSUE, OPPORI'UNITY (Who, What, When, WLere, Why?): The agreement expired on February 28, 2000 * > DVANTAGES IF APPROVED: Ramsey County will continue to rent parking spaces. The City will receive $27,900 per year on this 2 year agreement ISADVANTAGES IF APPROVED: None. ISADVANTAGES IF NOT APPROVF.D: The City will not receive the ren� OTAL AMOUNT OF TRANSACTION: � SJr�SOO COST/REVENUE BUDGETED (CIRCLE ONE) YFS NO ING SOURCE: N�A ACTIVITY N[JMBER: N�A ANCIAI.INFORMATION: (EXPLAIN) . ��,�� sarch �e�fer R �, 1, (P`NS) Revised 11/8/00 Authority (C.F. or A.O.) LEASE FINANCE DEPT. LEASE NO. PW/5 DATE: March i. 2000 LESSOR: CITY OF SAINT PAUL DEPARTMENT OF PUBLIC WORKS LESSEE: RAMSEY COUNTY DIVISION OF PROPERTY MANAGEMENT 660 Ramsev Countv Govemment Center West R FCElV� D R � ES TE p�� N QI -b�t CITY OF SAINT PAUL STANDARD LEASE AGREEMENT �v �� [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 31 pazking spaces in the Second Street Gazage (A.K.A. Bridge Yard) whose address is: 131 East Second Sueet and which is legally described as: A parking garage located under surface of Lots 2, 3 and 4, Block 31, St. Paul Proper. together with any buildings, fixtures in such buiidings, improvements and structures, if any, located thereon; See Exhibit "A", plan or map of I.eased Premises which is attached hereto and made a part of this agreement. [2) Term of Lease. This lease shall be in effect for a term commencing and ending on the dates indicated below, unless terminated earlier by the LESSOR or LESSEE as provided herein. Term (Months/Yeazs) Commencing Date Ending Date Two Years March 1, 2000 February 28, 2002 a 1-6`t9 [3] Use of Premises. The LESSEE shall use and occupy the L.eased Premises for the purpose of Uehicle P�and for no other purpose without the prior written consent of LESSOR_ . [4] Rent. Rent shall consist of Basic Rent, which is based on availability of 31 stalls, and such Addi- tional Rent as may apply. LESSEE 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: Total Annual Basic Rent (Monthly Payment Commencing Date $ per Space) $27,900.00 $2,325.00 Mazch 1, 2000 $75.00 LESSEE shali make ail payments of Basic Rent and Additional Rent to Public Works Accountina Div.. 1000 Citv Hall Annex. St. Paui, MN 55102. The applicable account number for City Finance Accounting Code is: 42340-6801. [5] �ht of Entry. 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 Lzased Premises durin� reasonable business hours or, in the event of an emergency, at any time for any legitimate purpose. [6] Insurance. (A) LESSOR'S and LESSEE'S Insurance. The LESSOR and LESSEE shall acquire during the term of this lease the following coverage: (1) COMPREHENSIVE GENERAL LIABILTTY INSURANCE (a) LESSOR is self-insured for comprehensive general liability, pursuant to State Statute 466. (b) LESSEE is self-insured for comprehensive, general liability, pursuant to State Statute 466. (2) WORKERS' COMPENSATION INSURANCE with not less than statutory minimum limits; and EMPLOYERS' LIABILTI'Y INSURANCE with minimum limits of at least $100,000 per accident and with an all states endorsement. LESSEE is self funded for such coverage. (a) LESSOR is self funded for such coverage (b) LESSEE is self funded for such coverage (3) The limits cited under each insurance requirement above establish minimums; and it is the sole responsibility of the LESSOR and LESSEE to purchase and maintain additionai insurance that may be necessary in relation to this lease. Dl-`aq (4) Nothing in this contract shall constitute a waiver by the LFSSOR or LFSSEE of any statutory limits or exceptions on liability. [7] Cancellation or Ternunation. This lease shall be subject to cancellation and termination by either par[y at any time during the term hereof by giving notice in wriung to the other party at ninety (90) days prior to the date when such termination shall become effective. In the event of such termination, and on the effective date of such termination, LESSOR shall retum any uneamed rental paid by the LESSEE without interest. [8] NoNce. All notices herein provided to be given, or that may be given by either party to the other, shall be deemed to have been fully given when served personally on LESSOR or LESSEE, 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 Fstate Division, 140 City Hall, 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. Except for subleases between LESSEE and its empioyees for vehicular pazking, LESSEE shall not assign or sublet this L.ease without the written consent of the LESSOR, which consent must be obtained prior to the execution of any agreement to sublease the L,eased Premises. [10] Maintenance and Repairs. (A) LESSOR'S Responsibilities. LESSOR shall, at its own cost and expense, be responsible for all repairs, maintenance and upkeep of the Leased Premises, exclusive of LESSEE'S personal property and any improvements installed by or specifically for the LESSEE, including emergency repairs of any kind and routine maintenance and repair to keep the Leased Premises in good repair, safe and in compliance with applicable fire, health, building and other life-safety codes. Such repairs, maintenance and upkeep shall not be deemed to include custodial duties. (B) LESSEE'S Responsibilities. LESSEE shall, at its own cost and expense, perform custodial duties to keep the Leased Premises clean, orderly and in compliance with applicable fire, health, building and other life-safety codes; and shall provide all materials and supplies necessary for the performance of custodial duties. LESSEE shall also be responsible for all repairs, maintenance and upkeep of its own personal property and to any improvements that have been installed by or specifically for the LESSEE. [ll] Pavments in Case of Default. LESSEE shall pay LESSOR all costs and expenses, including reasonable attomey's fees in any action brought by LESSOR to recover any rent due and unpaid hereunder, or for the breach or default of any of the covenants or agreements contained in this I.ease> or to recover possession of said property, whether such action progresses to judgment or not_ 3 o1-G�9 [12] Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner termination of this lease, shaJl quit peacefully and surrender possession of said property and iu appurtenances to LESSOR in as good order and condition as the property was delivered to the LESSEE. _ [13] 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 character, arising out of or by reason of the LFSSEE's performance or failure to perform under the terms of the I.ease, or the use by LESSEE of the Leased Premises under this agreement. It is fully understood and agreed that LESSEE is aware of the conditions of the L.eased Premises and leases the same "as is." The LESSOR agrees to indemnify, defend, save and hold harmless Ramsey County and any aoenu, officers and employees thereof from ail ciaims, demands, actions or causes of action of whauoever nature or character, arising out of or by reason of the use by the LESSOR of the remainder of the building in which the L,eased Premises aze located, or the performance or failure to perform by LESSOR under the terms of this agreement. [14] 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 L.ease shall be applicable. [15] Pollution and Contaminants. LESSEE and LESSOR agree to comply with ail ordinances, laws, rules and regulations enacted by any govemmental body or agency relating to the conuol, abatement or emission of air and water contaminants and the disposal of refuse, solid wastes or liquid wastes. LESSEE shalI beaz ail its costs and expenses of compIying, or azising from failure by LESSEE to comply, 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 charge the LESSEE as Additional Rent for such costs should the LESSEE fail to comply. LESSOR shall bear all its costs and expenses of complying, or arising from failure by LESSOR to comply, with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold harmless LESSEE from all liability, inciuding without limitation, fines, forfeitures, and penalties arising from the failure by LESSOR to compiy with such ordinances, laws, rules or regulations. [16] Controliing Lease. In the event there is any prior existing lease or rental a�reement between LESSEE and LESSOR (or its predecessor in interest) covering the subject property, it is agreed and understood that this L.ease shall cancel and terminate any prior leases or rental agreements as of the effective date of this lease. n O 1. tq9 [17] Destruction. In the event of damage to or destruction of the Leased Premises or in the event the premises becomes untenantable or unfit for occupancy, in whole or in part, due to such damage during the term of this Lease, LESSOR may at its option terminate the lease upon fifteen (15) days' written noace to LESSEE. The Basic Renu to be paid during the restoration period shall be abated in proponion 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. [18] Events of Default (A) Defauit by LESSEE. The occurrence of any of the following evenu during the term of this I.ease shall constitute an event of default by the LES3EE: (1) the failure by LESSEE to timely pay Basic Rent or Additional Rent as required by this Lease; (2) the failure by LESSEE to observe and perform any covenant, condition or agreement on its pazt to be observed or performed as required by this Lease; or [19] Compliance with Laws. The 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 which the property is proposed to be put. Inability or failure by the LESSEE 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. [20] Non-Discrimination. The LESSEE for itself, its personal representatives, 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, sex, color creed, religion, age, disability, marital status, status with respect to public assistance or national origin or ancestry shail be excluded from participating in, be denied the benefits of or be othenvise subjected to discrimination in the use of said facilities; (B) that in connection with the construction of any improvements on said lands and the fumishing of services thereon, no discrimination shall be practiced in the selection of employees and con- tractors, by contractors in the selection and retention of first tier subcontractors, and by first-tier subconuactors in the selection and retention of second-tier subconuactors; (C) that such discrimination shall not be practiced against the public in its access in and use of the facilities and services provided for public accommodations (such as eatin�, sleeping, rest and recreation) constructed or operated on the Leased Premises; and 5 O�1-G�t� (D) that the LESSEE shall use the premises in compliance with all other requirements imposed pursuant to the Saint Paul Izgisiative Code Chapter 183. - [21] Default Remedies. (A) LESSOR'S Remedies. In the event an Event of Default occurs under pazagraph (19) of this L.ease, LESSOR may exercise any one or more of the following remedies: (1) reenter and take possession of the Premises without termination of this Lease, and use its best efforts to lease the Premises to or enter into an a;reement with another person for the account of LESSEE; (2) 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; ' (3) exciude LESSEE from possession of the Premises, with or without terminating this Lease and operate the Premises itseif; (4) terminate the Lease, exclude LESSEE from possession of the I,eased Premises, sell ail or any part of the Premises at the best price obtainable (provided such sale is permitted by ap- plicable law,) such sale to be on such terms and conditions as the LESSOR, in its sole discretion, shall determine and apply the proceeds of such sale less any expenses thereof for the account of the LESSEE. (5) exercise any remedies available to it under the Minnesota Uniform Commercial Code; (6) take whatever action at law or in equity may appear necessary or appropriate to collect the Basic Rent and Additional Rent then due and thereafter to become due, or to enforce performance and observance of any obligation, agreement or covenant of the LESSEE under this Lease. (7) in exercising any of its remedies set forth in this Section, the LESSOR may, whether or not the Lease is then in effect, hold the LESSEE liable for the difference between the payments and other costs for which the LESSEE is responsible under this I.ease. No remedy herein conferred upon or reserved to LESSOR is intended to be exclusive of any other available remedy or remedies, but each such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease or now or thereafter existing 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 thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitie the LESSOR to exercise 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 expressly required. o�-cq9 (B) LESSEE'S Remedies. If the LESSOR should default in the performance of the conditions or covenants of this L.ease Agreement, LESSEE, in addition to all other remedies now or hereafter afforded or provided by law, may at iu election perform such condition or covenant on behalf of LESSOR or make good any such default and any amount or amounts that LESSEE shall advance pursuant thereto shall be repaid by LESSOR to LESSEE on demand; and, if the LESSOR shall not repay any such amount or amounu upon demand, LESSEE shall have the right to deduct the same from the next instaliment or installments of rent to accrue under this I.ease. [22] 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 alterations an accurate description shall first be submitted to and approved by the LESSOR and such aiterations shall be done by the LESSEE at its own expense. All such work shall be performed under the LESSOR'S supervision and any improvemenu made to the Leased Premises at the LESSEE'S expense shall become the property of the LESSOR at the end of the L.ease period. LESSEE agrees that ail alterations will be done in a workmanlike manner and in conformance with applicable building codes, that the structurai integrity and building systems of the building will not be impaired, and that no liens will attach To the premises by reason thereof. [23] Unused Spaces. LESSEE shall, in subleasing parking spaces to employees, give priority to the spaces along the north wall of the facility; and any spaces remaining unused shall be made available at no cost to the LESSOR for storage of City-owned vehicles. [24] Renewal. Ninety days prior to the conclusion of the term of this Lease, as shown in Paragraph [2], LESSEE shall have the option of renewing for an additional two yeazs, the ren[al rate to be determined by negotiation at that time. [25] Amended. Anyching herein contained to the conuary not withstanding, this I.ease may be terminated, and the provisions of this I.ease may be, in writing, amended by mutual consent of the parties herein. 7 a l -`4`l IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and yeaz in this Lease first above-written. LESSOR: �� Mayor �� City Clerk � �� City Attomey (Form Approval) Director of Technology and Management Services LESSEE :.. . Its Chief Clerk — 1:3.fT,�J MAR 1 3 2001 MAR 1 3 2001 g�-o8S Approved as to form: �� Assistant County Attomey Funds aze available: �! e� �wa��.ti-�- a�.�03 -35o3oz -yzz�lo� �� N�li.un.-` � �Y om-�_ � Budgeting & Accounting Insurance Approved: � Its Property Manag�fient Department Risk Manager .� `.. , � i .�i � Exhibit "A" � . {o � Lease Agreemert PW/5 — -- �- i ' -•--- --:------ .- ' . . - -� ---r---- ; � . � ----�— � • i -} i1 � ' I �— ��j�i � � I 1 . � �� , I � 1 i �� 1 ` � � 2�' SJ!�� 31 i 32 i 33 I, r,.� � ! 1 � 25 t ZG i 27 ��3 ' � �� l � '_— I � 23 I�' ll � � 1_ .� _ � _—'1-- , i � � �}• I _ .-�c- — 9 f — i � L ' j � �I 1 __� — —;� — i � � � � i �I ' i � { �Z � l : 11 I 1 �6 � ,� � �a � �� << i � � t2 � 13 � lu � 15 ' ` I �` � � � II � � � ; I I � ! L � � � _ 1� —! -- '' 1 � � I _ I _ --- — t— i �_ _ -L— I � .- -�—.-�.— � -- •� i i � t ,� � � :� � � �l . � l� I . (� 4 � ; - -- ♦ F15L_ ' . ; • : � —�� . � � — -p-�� _ �__i__'r —�—_ j .,`._�;. 1 . , :�:� i , � ` � � I I � I ,i 9 � ' I } t 4� 1 '� � ' i: �� y i'{ � J � �—� � ' I � �� i i �� I � � � .° � � � 1_�!- , � � �-- . . � ..�,_ : � .�.. ; .. � � - ��.I • � I .� yU[YC10FS � _ ; � ' 'Z A6OfC' O,�I�C[ � � ' . � Sl�F6LL . ,� , gupu'T �NF:JixG ' � � ' � 9ROw-� ��'� 1 . COH)T¢�2 } � ��— t�tt'.•o r- -�_,_.___ 1 I i r ----� ` �-r,o_t �_ � J (�.o.�r.c S''t: � e< Lc�scu PLFN VlEW S �'./=�)' I � i E;cH:n:� a u'..: n..,.., at - �qq .—= 4 ;� - �� [enKV�'ri . � �...,«: _ . n...a.m � /K��4v (4+T[S MIDi , a" — ' !. Ii � I� i I! �� _ .J � ----� . � . I; IJ �i `� � il _�J m . I `� 3 ! _ � � L r 131 SECUHD ST. •�. i, 1; 1 :i �j :; �� i �. ;Cp :T. �F.IG!E YLI;C `.� ••.1:: �i PAP.KI;iG . :; I I � 1-2C�ItGV __ `� Return copy to: (bn) Real Estate Division 140 City Hali ORIGINAL � Presented By Referred To Council File # CI-GQq Green Sheet # � �\�Q Comxnittee: Date aq 1 WI3EREAS, the Departrnent of Public Works has negotiated an agreement with Ramsey County to 2 extend from March 1, 2000 through Febniary 28, 2002, Lease Agreement PW/5, said Lease is for 31 3 pazking stalls in the Second Street Gazage adjacent to the Ramsey County Government Center East 4 building; 6 � BE IT THEREFORE RESOLVED, that the proper City officials aze hereby authorized and directed 8 to execute Lease Agreement PW/5 9 Requested by Department of: Adopted by Council: Date C �\ Adoption Certified by Counci cret B Y� � � • � Approved by Mayor: Date ..�v�Mr(P ZG19t s f �� 1 TechnoloQV & Manaeement Services By: � //�//�A ��%��'G9��G� D'uector Form Approved by. Cit}�-Attorney j � By: �� '�` 6_ S o t Approved by Mayor for Submission to Council By:��¢� L T.M.S./REAL ESTATE DIVISION Date: June 4, 2001 Green Sheet Number: 111150 2 ARlMINI'DIRX.QOR 4 CItYCOUNm. onqct Persou aud Phoue Number: „ .. 1 wrrowVC�r � _r�� aemc Bob Novak 266-8850 ��'��xT�R � F�+s°'. 3 YOR(ORASSLSLAMJ 5 RdFidxD� ust be on Council Agenda by: June 27, 2001 OTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATiONS FOR SIGNATURE) Cl'fON REQi7ESTED: To approve a two year term for Lease Agreement PW/5, an agreement to lease 31 parking spaces in the econd Street Garage to Ramsey County. Ref: 1. Resolution for consideration; 2. copy of lease agreement Mexn�noKC:weeaovewox xe�crUn ERSONAL SERVICE CONTRACl'S MUST ANSWER THE FOLLOWING: eumvuve co�nmox _ �, . Has the persodfirm ever worked under a contract for this deparlment? YFS NO rnuseanceco�.rtn�ss�au . Has this person/firm ever been a City employee? YFS NO �� . Does this person/firm possess a sldll not norroally possessed by any Isin all YF.S answers on a se arate sheet and attach. UPPORTS WffiCH COUNCII.OBJECTIVE? COUNCIL WARD(S) 2 DISTRICT PI,ANNING COUNCII. � 7 1YAITNG PROBLEM, ISSUE, OPPORI'UNITY (Who, What, When, WLere, Why?): The agreement expired on February 28, 2000 * > DVANTAGES IF APPROVED: Ramsey County will continue to rent parking spaces. The City will receive $27,900 per year on this 2 year agreement ISADVANTAGES IF APPROVED: None. ISADVANTAGES IF NOT APPROVF.D: The City will not receive the ren� OTAL AMOUNT OF TRANSACTION: � SJr�SOO COST/REVENUE BUDGETED (CIRCLE ONE) YFS NO ING SOURCE: N�A ACTIVITY N[JMBER: N�A ANCIAI.INFORMATION: (EXPLAIN) . ��,�� sarch �e�fer R �, 1, (P`NS) Revised 11/8/00 Authority (C.F. or A.O.) LEASE FINANCE DEPT. LEASE NO. PW/5 DATE: March i. 2000 LESSOR: CITY OF SAINT PAUL DEPARTMENT OF PUBLIC WORKS LESSEE: RAMSEY COUNTY DIVISION OF PROPERTY MANAGEMENT 660 Ramsev Countv Govemment Center West R FCElV� D R � ES TE p�� N QI -b�t CITY OF SAINT PAUL STANDARD LEASE AGREEMENT �v �� [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 31 pazking spaces in the Second Street Gazage (A.K.A. Bridge Yard) whose address is: 131 East Second Sueet and which is legally described as: A parking garage located under surface of Lots 2, 3 and 4, Block 31, St. Paul Proper. together with any buildings, fixtures in such buiidings, improvements and structures, if any, located thereon; See Exhibit "A", plan or map of I.eased Premises which is attached hereto and made a part of this agreement. [2) Term of Lease. This lease shall be in effect for a term commencing and ending on the dates indicated below, unless terminated earlier by the LESSOR or LESSEE as provided herein. Term (Months/Yeazs) Commencing Date Ending Date Two Years March 1, 2000 February 28, 2002 a 1-6`t9 [3] Use of Premises. The LESSEE shall use and occupy the L.eased Premises for the purpose of Uehicle P�and for no other purpose without the prior written consent of LESSOR_ . [4] Rent. Rent shall consist of Basic Rent, which is based on availability of 31 stalls, and such Addi- tional Rent as may apply. LESSEE 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: Total Annual Basic Rent (Monthly Payment Commencing Date $ per Space) $27,900.00 $2,325.00 Mazch 1, 2000 $75.00 LESSEE shali make ail payments of Basic Rent and Additional Rent to Public Works Accountina Div.. 1000 Citv Hall Annex. St. Paui, MN 55102. The applicable account number for City Finance Accounting Code is: 42340-6801. [5] �ht of Entry. 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 Lzased Premises durin� reasonable business hours or, in the event of an emergency, at any time for any legitimate purpose. [6] Insurance. (A) LESSOR'S and LESSEE'S Insurance. The LESSOR and LESSEE shall acquire during the term of this lease the following coverage: (1) COMPREHENSIVE GENERAL LIABILTTY INSURANCE (a) LESSOR is self-insured for comprehensive general liability, pursuant to State Statute 466. (b) LESSEE is self-insured for comprehensive, general liability, pursuant to State Statute 466. (2) WORKERS' COMPENSATION INSURANCE with not less than statutory minimum limits; and EMPLOYERS' LIABILTI'Y INSURANCE with minimum limits of at least $100,000 per accident and with an all states endorsement. LESSEE is self funded for such coverage. (a) LESSOR is self funded for such coverage (b) LESSEE is self funded for such coverage (3) The limits cited under each insurance requirement above establish minimums; and it is the sole responsibility of the LESSOR and LESSEE to purchase and maintain additionai insurance that may be necessary in relation to this lease. Dl-`aq (4) Nothing in this contract shall constitute a waiver by the LFSSOR or LFSSEE of any statutory limits or exceptions on liability. [7] Cancellation or Ternunation. This lease shall be subject to cancellation and termination by either par[y at any time during the term hereof by giving notice in wriung to the other party at ninety (90) days prior to the date when such termination shall become effective. In the event of such termination, and on the effective date of such termination, LESSOR shall retum any uneamed rental paid by the LESSEE without interest. [8] NoNce. All notices herein provided to be given, or that may be given by either party to the other, shall be deemed to have been fully given when served personally on LESSOR or LESSEE, 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 Fstate Division, 140 City Hall, 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. Except for subleases between LESSEE and its empioyees for vehicular pazking, LESSEE shall not assign or sublet this L.ease without the written consent of the LESSOR, which consent must be obtained prior to the execution of any agreement to sublease the L,eased Premises. [10] Maintenance and Repairs. (A) LESSOR'S Responsibilities. LESSOR shall, at its own cost and expense, be responsible for all repairs, maintenance and upkeep of the Leased Premises, exclusive of LESSEE'S personal property and any improvements installed by or specifically for the LESSEE, including emergency repairs of any kind and routine maintenance and repair to keep the Leased Premises in good repair, safe and in compliance with applicable fire, health, building and other life-safety codes. Such repairs, maintenance and upkeep shall not be deemed to include custodial duties. (B) LESSEE'S Responsibilities. LESSEE shall, at its own cost and expense, perform custodial duties to keep the Leased Premises clean, orderly and in compliance with applicable fire, health, building and other life-safety codes; and shall provide all materials and supplies necessary for the performance of custodial duties. LESSEE shall also be responsible for all repairs, maintenance and upkeep of its own personal property and to any improvements that have been installed by or specifically for the LESSEE. [ll] Pavments in Case of Default. LESSEE shall pay LESSOR all costs and expenses, including reasonable attomey's fees in any action brought by LESSOR to recover any rent due and unpaid hereunder, or for the breach or default of any of the covenants or agreements contained in this I.ease> or to recover possession of said property, whether such action progresses to judgment or not_ 3 o1-G�9 [12] Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner termination of this lease, shaJl quit peacefully and surrender possession of said property and iu appurtenances to LESSOR in as good order and condition as the property was delivered to the LESSEE. _ [13] 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 character, arising out of or by reason of the LFSSEE's performance or failure to perform under the terms of the I.ease, or the use by LESSEE of the Leased Premises under this agreement. It is fully understood and agreed that LESSEE is aware of the conditions of the L.eased Premises and leases the same "as is." The LESSOR agrees to indemnify, defend, save and hold harmless Ramsey County and any aoenu, officers and employees thereof from ail ciaims, demands, actions or causes of action of whauoever nature or character, arising out of or by reason of the use by the LESSOR of the remainder of the building in which the L,eased Premises aze located, or the performance or failure to perform by LESSOR under the terms of this agreement. [14] 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 L.ease shall be applicable. [15] Pollution and Contaminants. LESSEE and LESSOR agree to comply with ail ordinances, laws, rules and regulations enacted by any govemmental body or agency relating to the conuol, abatement or emission of air and water contaminants and the disposal of refuse, solid wastes or liquid wastes. LESSEE shalI beaz ail its costs and expenses of compIying, or azising from failure by LESSEE to comply, 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 charge the LESSEE as Additional Rent for such costs should the LESSEE fail to comply. LESSOR shall bear all its costs and expenses of complying, or arising from failure by LESSOR to comply, with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold harmless LESSEE from all liability, inciuding without limitation, fines, forfeitures, and penalties arising from the failure by LESSOR to compiy with such ordinances, laws, rules or regulations. [16] Controliing Lease. In the event there is any prior existing lease or rental a�reement between LESSEE and LESSOR (or its predecessor in interest) covering the subject property, it is agreed and understood that this L.ease shall cancel and terminate any prior leases or rental agreements as of the effective date of this lease. n O 1. tq9 [17] Destruction. In the event of damage to or destruction of the Leased Premises or in the event the premises becomes untenantable or unfit for occupancy, in whole or in part, due to such damage during the term of this Lease, LESSOR may at its option terminate the lease upon fifteen (15) days' written noace to LESSEE. The Basic Renu to be paid during the restoration period shall be abated in proponion 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. [18] Events of Default (A) Defauit by LESSEE. The occurrence of any of the following evenu during the term of this I.ease shall constitute an event of default by the LES3EE: (1) the failure by LESSEE to timely pay Basic Rent or Additional Rent as required by this Lease; (2) the failure by LESSEE to observe and perform any covenant, condition or agreement on its pazt to be observed or performed as required by this Lease; or [19] Compliance with Laws. The 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 which the property is proposed to be put. Inability or failure by the LESSEE 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. [20] Non-Discrimination. The LESSEE for itself, its personal representatives, 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, sex, color creed, religion, age, disability, marital status, status with respect to public assistance or national origin or ancestry shail be excluded from participating in, be denied the benefits of or be othenvise subjected to discrimination in the use of said facilities; (B) that in connection with the construction of any improvements on said lands and the fumishing of services thereon, no discrimination shall be practiced in the selection of employees and con- tractors, by contractors in the selection and retention of first tier subcontractors, and by first-tier subconuactors in the selection and retention of second-tier subconuactors; (C) that such discrimination shall not be practiced against the public in its access in and use of the facilities and services provided for public accommodations (such as eatin�, sleeping, rest and recreation) constructed or operated on the Leased Premises; and 5 O�1-G�t� (D) that the LESSEE shall use the premises in compliance with all other requirements imposed pursuant to the Saint Paul Izgisiative Code Chapter 183. - [21] Default Remedies. (A) LESSOR'S Remedies. In the event an Event of Default occurs under pazagraph (19) of this L.ease, LESSOR may exercise any one or more of the following remedies: (1) reenter and take possession of the Premises without termination of this Lease, and use its best efforts to lease the Premises to or enter into an a;reement with another person for the account of LESSEE; (2) 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; ' (3) exciude LESSEE from possession of the Premises, with or without terminating this Lease and operate the Premises itseif; (4) terminate the Lease, exclude LESSEE from possession of the I,eased Premises, sell ail or any part of the Premises at the best price obtainable (provided such sale is permitted by ap- plicable law,) such sale to be on such terms and conditions as the LESSOR, in its sole discretion, shall determine and apply the proceeds of such sale less any expenses thereof for the account of the LESSEE. (5) exercise any remedies available to it under the Minnesota Uniform Commercial Code; (6) take whatever action at law or in equity may appear necessary or appropriate to collect the Basic Rent and Additional Rent then due and thereafter to become due, or to enforce performance and observance of any obligation, agreement or covenant of the LESSEE under this Lease. (7) in exercising any of its remedies set forth in this Section, the LESSOR may, whether or not the Lease is then in effect, hold the LESSEE liable for the difference between the payments and other costs for which the LESSEE is responsible under this I.ease. No remedy herein conferred upon or reserved to LESSOR is intended to be exclusive of any other available remedy or remedies, but each such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease or now or thereafter existing 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 thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitie the LESSOR to exercise 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 expressly required. o�-cq9 (B) LESSEE'S Remedies. If the LESSOR should default in the performance of the conditions or covenants of this L.ease Agreement, LESSEE, in addition to all other remedies now or hereafter afforded or provided by law, may at iu election perform such condition or covenant on behalf of LESSOR or make good any such default and any amount or amounts that LESSEE shall advance pursuant thereto shall be repaid by LESSOR to LESSEE on demand; and, if the LESSOR shall not repay any such amount or amounu upon demand, LESSEE shall have the right to deduct the same from the next instaliment or installments of rent to accrue under this I.ease. [22] 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 alterations an accurate description shall first be submitted to and approved by the LESSOR and such aiterations shall be done by the LESSEE at its own expense. All such work shall be performed under the LESSOR'S supervision and any improvemenu made to the Leased Premises at the LESSEE'S expense shall become the property of the LESSOR at the end of the L.ease period. LESSEE agrees that ail alterations will be done in a workmanlike manner and in conformance with applicable building codes, that the structurai integrity and building systems of the building will not be impaired, and that no liens will attach To the premises by reason thereof. [23] Unused Spaces. LESSEE shall, in subleasing parking spaces to employees, give priority to the spaces along the north wall of the facility; and any spaces remaining unused shall be made available at no cost to the LESSOR for storage of City-owned vehicles. [24] Renewal. Ninety days prior to the conclusion of the term of this Lease, as shown in Paragraph [2], LESSEE shall have the option of renewing for an additional two yeazs, the ren[al rate to be determined by negotiation at that time. [25] Amended. Anyching herein contained to the conuary not withstanding, this I.ease may be terminated, and the provisions of this I.ease may be, in writing, amended by mutual consent of the parties herein. 7 a l -`4`l IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and yeaz in this Lease first above-written. LESSOR: �� Mayor �� City Clerk � �� City Attomey (Form Approval) Director of Technology and Management Services LESSEE :.. . Its Chief Clerk — 1:3.fT,�J MAR 1 3 2001 MAR 1 3 2001 g�-o8S Approved as to form: �� Assistant County Attomey Funds aze available: �! e� �wa��.ti-�- a�.�03 -35o3oz -yzz�lo� �� N�li.un.-` � �Y om-�_ � Budgeting & Accounting Insurance Approved: � Its Property Manag�fient Department Risk Manager .� `.. , � i .�i � Exhibit "A" � . {o � Lease Agreemert PW/5 — -- �- i ' -•--- --:------ .- ' . . - -� ---r---- ; � . � ----�— � • i -} i1 � ' I �— ��j�i � � I 1 . � �� , I � 1 i �� 1 ` � � 2�' SJ!�� 31 i 32 i 33 I, r,.� � ! 1 � 25 t ZG i 27 ��3 ' � �� l � '_— I � 23 I�' ll � � 1_ .� _ � _—'1-- , i � � �}• I _ .-�c- — 9 f — i � L ' j � �I 1 __� — —;� — i � � � � i �I ' i � { �Z � l : 11 I 1 �6 � ,� � �a � �� << i � � t2 � 13 � lu � 15 ' ` I �` � � � II � � � ; I I � ! L � � � _ 1� —! -- '' 1 � � I _ I _ --- — t— i �_ _ -L— I � .- -�—.-�.— � -- •� i i � t ,� � � :� � � �l . � l� I . (� 4 � ; - -- ♦ F15L_ ' . ; • : � —�� . � � — -p-�� _ �__i__'r —�—_ j .,`._�;. 1 . , :�:� i , � ` � � I I � I ,i 9 � ' I } t 4� 1 '� � ' i: �� y i'{ � J � �—� � ' I � �� i i �� I � � � .° � � � 1_�!- , � � �-- . . � ..�,_ : � .�.. ; .. � � - ��.I • � I .� yU[YC10FS � _ ; � ' 'Z A6OfC' O,�I�C[ � � ' . � Sl�F6LL . ,� , gupu'T �NF:JixG ' � � ' � 9ROw-� ��'� 1 . COH)T¢�2 } � ��— t�tt'.•o r- -�_,_.___ 1 I i r ----� ` �-r,o_t �_ � J (�.o.�r.c S''t: � e< Lc�scu PLFN VlEW S �'./=�)' I � i E;cH:n:� a u'..: n..,.., at - �qq .—= 4 ;� - �� [enKV�'ri . � �...,«: _ . n...a.m � /K��4v (4+T[S MIDi , a" — ' !. Ii � I� i I! �� _ .J � ----� . � . I; IJ �i `� � il _�J m . I `� 3 ! _ � � L r 131 SECUHD ST. •�. i, 1; 1 :i �j :; �� i �. ;Cp :T. �F.IG!E YLI;C `.� ••.1:: �i PAP.KI;iG . :; I I � 1-2C�ItGV __ `� Return copy to: (bn) Real Estate Division 140 City Hali ORIGINAL � Presented By Referred To Council File # CI-GQq Green Sheet # � �\�Q Comxnittee: Date aq 1 WI3EREAS, the Departrnent of Public Works has negotiated an agreement with Ramsey County to 2 extend from March 1, 2000 through Febniary 28, 2002, Lease Agreement PW/5, said Lease is for 31 3 pazking stalls in the Second Street Gazage adjacent to the Ramsey County Government Center East 4 building; 6 � BE IT THEREFORE RESOLVED, that the proper City officials aze hereby authorized and directed 8 to execute Lease Agreement PW/5 9 Requested by Department of: Adopted by Council: Date C �\ Adoption Certified by Counci cret B Y� � � • � Approved by Mayor: Date ..�v�Mr(P ZG19t s f �� 1 TechnoloQV & Manaeement Services By: � //�//�A ��%��'G9��G� D'uector Form Approved by. Cit}�-Attorney j � By: �� '�` 6_ S o t Approved by Mayor for Submission to Council By:��¢� L T.M.S./REAL ESTATE DIVISION Date: June 4, 2001 Green Sheet Number: 111150 2 ARlMINI'DIRX.QOR 4 CItYCOUNm. onqct Persou aud Phoue Number: „ .. 1 wrrowVC�r � _r�� aemc Bob Novak 266-8850 ��'��xT�R � F�+s°'. 3 YOR(ORASSLSLAMJ 5 RdFidxD� ust be on Council Agenda by: June 27, 2001 OTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATiONS FOR SIGNATURE) Cl'fON REQi7ESTED: To approve a two year term for Lease Agreement PW/5, an agreement to lease 31 parking spaces in the econd Street Garage to Ramsey County. Ref: 1. Resolution for consideration; 2. copy of lease agreement Mexn�noKC:weeaovewox xe�crUn ERSONAL SERVICE CONTRACl'S MUST ANSWER THE FOLLOWING: eumvuve co�nmox _ �, . Has the persodfirm ever worked under a contract for this deparlment? YFS NO rnuseanceco�.rtn�ss�au . Has this person/firm ever been a City employee? YFS NO �� . Does this person/firm possess a sldll not norroally possessed by any Isin all YF.S answers on a se arate sheet and attach. UPPORTS WffiCH COUNCII.OBJECTIVE? COUNCIL WARD(S) 2 DISTRICT PI,ANNING COUNCII. � 7 1YAITNG PROBLEM, ISSUE, OPPORI'UNITY (Who, What, When, WLere, Why?): The agreement expired on February 28, 2000 * > DVANTAGES IF APPROVED: Ramsey County will continue to rent parking spaces. The City will receive $27,900 per year on this 2 year agreement ISADVANTAGES IF APPROVED: None. ISADVANTAGES IF NOT APPROVF.D: The City will not receive the ren� OTAL AMOUNT OF TRANSACTION: � SJr�SOO COST/REVENUE BUDGETED (CIRCLE ONE) YFS NO ING SOURCE: N�A ACTIVITY N[JMBER: N�A ANCIAI.INFORMATION: (EXPLAIN) . ��,�� sarch �e�fer R �, 1, (P`NS) Revised 11/8/00 Authority (C.F. or A.O.) LEASE FINANCE DEPT. LEASE NO. PW/5 DATE: March i. 2000 LESSOR: CITY OF SAINT PAUL DEPARTMENT OF PUBLIC WORKS LESSEE: RAMSEY COUNTY DIVISION OF PROPERTY MANAGEMENT 660 Ramsev Countv Govemment Center West R FCElV� D R � ES TE p�� N QI -b�t CITY OF SAINT PAUL STANDARD LEASE AGREEMENT �v �� [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 31 pazking spaces in the Second Street Gazage (A.K.A. Bridge Yard) whose address is: 131 East Second Sueet and which is legally described as: A parking garage located under surface of Lots 2, 3 and 4, Block 31, St. Paul Proper. together with any buildings, fixtures in such buiidings, improvements and structures, if any, located thereon; See Exhibit "A", plan or map of I.eased Premises which is attached hereto and made a part of this agreement. [2) Term of Lease. This lease shall be in effect for a term commencing and ending on the dates indicated below, unless terminated earlier by the LESSOR or LESSEE as provided herein. Term (Months/Yeazs) Commencing Date Ending Date Two Years March 1, 2000 February 28, 2002 a 1-6`t9 [3] Use of Premises. The LESSEE shall use and occupy the L.eased Premises for the purpose of Uehicle P�and for no other purpose without the prior written consent of LESSOR_ . [4] Rent. Rent shall consist of Basic Rent, which is based on availability of 31 stalls, and such Addi- tional Rent as may apply. LESSEE 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: Total Annual Basic Rent (Monthly Payment Commencing Date $ per Space) $27,900.00 $2,325.00 Mazch 1, 2000 $75.00 LESSEE shali make ail payments of Basic Rent and Additional Rent to Public Works Accountina Div.. 1000 Citv Hall Annex. St. Paui, MN 55102. The applicable account number for City Finance Accounting Code is: 42340-6801. [5] �ht of Entry. 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 Lzased Premises durin� reasonable business hours or, in the event of an emergency, at any time for any legitimate purpose. [6] Insurance. (A) LESSOR'S and LESSEE'S Insurance. The LESSOR and LESSEE shall acquire during the term of this lease the following coverage: (1) COMPREHENSIVE GENERAL LIABILTTY INSURANCE (a) LESSOR is self-insured for comprehensive general liability, pursuant to State Statute 466. (b) LESSEE is self-insured for comprehensive, general liability, pursuant to State Statute 466. (2) WORKERS' COMPENSATION INSURANCE with not less than statutory minimum limits; and EMPLOYERS' LIABILTI'Y INSURANCE with minimum limits of at least $100,000 per accident and with an all states endorsement. LESSEE is self funded for such coverage. (a) LESSOR is self funded for such coverage (b) LESSEE is self funded for such coverage (3) The limits cited under each insurance requirement above establish minimums; and it is the sole responsibility of the LESSOR and LESSEE to purchase and maintain additionai insurance that may be necessary in relation to this lease. Dl-`aq (4) Nothing in this contract shall constitute a waiver by the LFSSOR or LFSSEE of any statutory limits or exceptions on liability. [7] Cancellation or Ternunation. This lease shall be subject to cancellation and termination by either par[y at any time during the term hereof by giving notice in wriung to the other party at ninety (90) days prior to the date when such termination shall become effective. In the event of such termination, and on the effective date of such termination, LESSOR shall retum any uneamed rental paid by the LESSEE without interest. [8] NoNce. All notices herein provided to be given, or that may be given by either party to the other, shall be deemed to have been fully given when served personally on LESSOR or LESSEE, 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 Fstate Division, 140 City Hall, 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. Except for subleases between LESSEE and its empioyees for vehicular pazking, LESSEE shall not assign or sublet this L.ease without the written consent of the LESSOR, which consent must be obtained prior to the execution of any agreement to sublease the L,eased Premises. [10] Maintenance and Repairs. (A) LESSOR'S Responsibilities. LESSOR shall, at its own cost and expense, be responsible for all repairs, maintenance and upkeep of the Leased Premises, exclusive of LESSEE'S personal property and any improvements installed by or specifically for the LESSEE, including emergency repairs of any kind and routine maintenance and repair to keep the Leased Premises in good repair, safe and in compliance with applicable fire, health, building and other life-safety codes. Such repairs, maintenance and upkeep shall not be deemed to include custodial duties. (B) LESSEE'S Responsibilities. LESSEE shall, at its own cost and expense, perform custodial duties to keep the Leased Premises clean, orderly and in compliance with applicable fire, health, building and other life-safety codes; and shall provide all materials and supplies necessary for the performance of custodial duties. LESSEE shall also be responsible for all repairs, maintenance and upkeep of its own personal property and to any improvements that have been installed by or specifically for the LESSEE. [ll] Pavments in Case of Default. LESSEE shall pay LESSOR all costs and expenses, including reasonable attomey's fees in any action brought by LESSOR to recover any rent due and unpaid hereunder, or for the breach or default of any of the covenants or agreements contained in this I.ease> or to recover possession of said property, whether such action progresses to judgment or not_ 3 o1-G�9 [12] Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner termination of this lease, shaJl quit peacefully and surrender possession of said property and iu appurtenances to LESSOR in as good order and condition as the property was delivered to the LESSEE. _ [13] 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 character, arising out of or by reason of the LFSSEE's performance or failure to perform under the terms of the I.ease, or the use by LESSEE of the Leased Premises under this agreement. It is fully understood and agreed that LESSEE is aware of the conditions of the L.eased Premises and leases the same "as is." The LESSOR agrees to indemnify, defend, save and hold harmless Ramsey County and any aoenu, officers and employees thereof from ail ciaims, demands, actions or causes of action of whauoever nature or character, arising out of or by reason of the use by the LESSOR of the remainder of the building in which the L,eased Premises aze located, or the performance or failure to perform by LESSOR under the terms of this agreement. [14] 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 L.ease shall be applicable. [15] Pollution and Contaminants. LESSEE and LESSOR agree to comply with ail ordinances, laws, rules and regulations enacted by any govemmental body or agency relating to the conuol, abatement or emission of air and water contaminants and the disposal of refuse, solid wastes or liquid wastes. LESSEE shalI beaz ail its costs and expenses of compIying, or azising from failure by LESSEE to comply, 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 charge the LESSEE as Additional Rent for such costs should the LESSEE fail to comply. LESSOR shall bear all its costs and expenses of complying, or arising from failure by LESSOR to comply, with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold harmless LESSEE from all liability, inciuding without limitation, fines, forfeitures, and penalties arising from the failure by LESSOR to compiy with such ordinances, laws, rules or regulations. [16] Controliing Lease. In the event there is any prior existing lease or rental a�reement between LESSEE and LESSOR (or its predecessor in interest) covering the subject property, it is agreed and understood that this L.ease shall cancel and terminate any prior leases or rental agreements as of the effective date of this lease. n O 1. tq9 [17] Destruction. In the event of damage to or destruction of the Leased Premises or in the event the premises becomes untenantable or unfit for occupancy, in whole or in part, due to such damage during the term of this Lease, LESSOR may at its option terminate the lease upon fifteen (15) days' written noace to LESSEE. The Basic Renu to be paid during the restoration period shall be abated in proponion 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. [18] Events of Default (A) Defauit by LESSEE. The occurrence of any of the following evenu during the term of this I.ease shall constitute an event of default by the LES3EE: (1) the failure by LESSEE to timely pay Basic Rent or Additional Rent as required by this Lease; (2) the failure by LESSEE to observe and perform any covenant, condition or agreement on its pazt to be observed or performed as required by this Lease; or [19] Compliance with Laws. The 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 which the property is proposed to be put. Inability or failure by the LESSEE 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. [20] Non-Discrimination. The LESSEE for itself, its personal representatives, 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, sex, color creed, religion, age, disability, marital status, status with respect to public assistance or national origin or ancestry shail be excluded from participating in, be denied the benefits of or be othenvise subjected to discrimination in the use of said facilities; (B) that in connection with the construction of any improvements on said lands and the fumishing of services thereon, no discrimination shall be practiced in the selection of employees and con- tractors, by contractors in the selection and retention of first tier subcontractors, and by first-tier subconuactors in the selection and retention of second-tier subconuactors; (C) that such discrimination shall not be practiced against the public in its access in and use of the facilities and services provided for public accommodations (such as eatin�, sleeping, rest and recreation) constructed or operated on the Leased Premises; and 5 O�1-G�t� (D) that the LESSEE shall use the premises in compliance with all other requirements imposed pursuant to the Saint Paul Izgisiative Code Chapter 183. - [21] Default Remedies. (A) LESSOR'S Remedies. In the event an Event of Default occurs under pazagraph (19) of this L.ease, LESSOR may exercise any one or more of the following remedies: (1) reenter and take possession of the Premises without termination of this Lease, and use its best efforts to lease the Premises to or enter into an a;reement with another person for the account of LESSEE; (2) 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; ' (3) exciude LESSEE from possession of the Premises, with or without terminating this Lease and operate the Premises itseif; (4) terminate the Lease, exclude LESSEE from possession of the I,eased Premises, sell ail or any part of the Premises at the best price obtainable (provided such sale is permitted by ap- plicable law,) such sale to be on such terms and conditions as the LESSOR, in its sole discretion, shall determine and apply the proceeds of such sale less any expenses thereof for the account of the LESSEE. (5) exercise any remedies available to it under the Minnesota Uniform Commercial Code; (6) take whatever action at law or in equity may appear necessary or appropriate to collect the Basic Rent and Additional Rent then due and thereafter to become due, or to enforce performance and observance of any obligation, agreement or covenant of the LESSEE under this Lease. (7) in exercising any of its remedies set forth in this Section, the LESSOR may, whether or not the Lease is then in effect, hold the LESSEE liable for the difference between the payments and other costs for which the LESSEE is responsible under this I.ease. No remedy herein conferred upon or reserved to LESSOR is intended to be exclusive of any other available remedy or remedies, but each such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease or now or thereafter existing 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 thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitie the LESSOR to exercise 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 expressly required. o�-cq9 (B) LESSEE'S Remedies. If the LESSOR should default in the performance of the conditions or covenants of this L.ease Agreement, LESSEE, in addition to all other remedies now or hereafter afforded or provided by law, may at iu election perform such condition or covenant on behalf of LESSOR or make good any such default and any amount or amounts that LESSEE shall advance pursuant thereto shall be repaid by LESSOR to LESSEE on demand; and, if the LESSOR shall not repay any such amount or amounu upon demand, LESSEE shall have the right to deduct the same from the next instaliment or installments of rent to accrue under this I.ease. [22] 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 alterations an accurate description shall first be submitted to and approved by the LESSOR and such aiterations shall be done by the LESSEE at its own expense. All such work shall be performed under the LESSOR'S supervision and any improvemenu made to the Leased Premises at the LESSEE'S expense shall become the property of the LESSOR at the end of the L.ease period. LESSEE agrees that ail alterations will be done in a workmanlike manner and in conformance with applicable building codes, that the structurai integrity and building systems of the building will not be impaired, and that no liens will attach To the premises by reason thereof. [23] Unused Spaces. LESSEE shall, in subleasing parking spaces to employees, give priority to the spaces along the north wall of the facility; and any spaces remaining unused shall be made available at no cost to the LESSOR for storage of City-owned vehicles. [24] Renewal. Ninety days prior to the conclusion of the term of this Lease, as shown in Paragraph [2], LESSEE shall have the option of renewing for an additional two yeazs, the ren[al rate to be determined by negotiation at that time. [25] Amended. Anyching herein contained to the conuary not withstanding, this I.ease may be terminated, and the provisions of this I.ease may be, in writing, amended by mutual consent of the parties herein. 7 a l -`4`l IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and yeaz in this Lease first above-written. LESSOR: �� Mayor �� City Clerk � �� City Attomey (Form Approval) Director of Technology and Management Services LESSEE :.. . Its Chief Clerk — 1:3.fT,�J MAR 1 3 2001 MAR 1 3 2001 g�-o8S Approved as to form: �� Assistant County Attomey Funds aze available: �! e� �wa��.ti-�- a�.�03 -35o3oz -yzz�lo� �� N�li.un.-` � �Y om-�_ � Budgeting & Accounting Insurance Approved: � Its Property Manag�fient Department Risk Manager .� `.. , � i .�i � Exhibit "A" � . {o � Lease Agreemert PW/5 — -- �- i ' -•--- --:------ .- ' . . - -� ---r---- ; � . � ----�— � • i -} i1 � ' I �— ��j�i � � I 1 . � �� , I � 1 i �� 1 ` � � 2�' SJ!�� 31 i 32 i 33 I, r,.� � ! 1 � 25 t ZG i 27 ��3 ' � �� l � '_— I � 23 I�' ll � � 1_ .� _ � _—'1-- , i � � �}• I _ .-�c- — 9 f — i � L ' j � �I 1 __� — —;� — i � � � � i �I ' i � { �Z � l : 11 I 1 �6 � ,� � �a � �� << i � � t2 � 13 � lu � 15 ' ` I �` � � � II � � � ; I I � ! L � � � _ 1� —! -- '' 1 � � I _ I _ --- — t— i �_ _ -L— I � .- -�—.-�.— � -- •� i i � t ,� � � :� � � �l . � l� I . 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