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01-925Retum copy to: Real Estate Division 140 City Hall Presented By Referred To �PIGI�I�L RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Committee: WEiEREAS, Since 1989 the City has leased 42,700 square feet of vacant land adjacent to Ayd Mill Road and abutting unimproved Ashland Avenue to the Snelling/Hamline Community Council to provide community gazden plots; and WHEI2EAS, the instrument of that lease, Lease Agreement PW/li, expired on Apri130, 1999; and WHEREAS, it is the intention of both parties to renew the said lease for another five year term; io i� iz t3 NOW THEREFORE BE IT RESOLVED, that the proper City officials aze hereby authorized and directed to execute a five year extension of the said Lease Agreement PW/13. Requested by Department of: Technolo�v & Mana�ement Services By: � ��iL!"/� ,,��_1.�\ Duector��" Form Approved by City Attorney By: d..�� w�r�^'— g� Z� f�( Adoption Certified by Council Secretary B �� '� Approved by Mayor for Submission to Council Approved by Mayor: Date �� P g � By: , Council File # ��— RZS GreenSheet# 1\�53�i V - T.M.S./REAL ESTATE Date: 8/14/Ol Greett Sheet Number: � DIVISION � o �' EPAIti116ATOIXECT08 5 CRYCOIRVC¢ outaM Person and Phoue Number • Z An�a,.� � p.t( .�� q � ' DaVe NelsOU 26(r8860 cw.s�rsncrsomecrox 1 nm¢croa 3 ron�ae.�ss�sr.vr� 6 rrr.�nms�ac ost 6e m Conocil Agenda by: OTAL # OF SIGNAI'ORE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CI70N REQUESTED: o approve Lease Agreement PW/13 providing 42,700 square feet of vacant land near Ayd Mill Road and nimproved Ashland Avenue to the Snelling/Hamline Community Council to be used for community garden lots. Ref: 1. Resolution for consideration; 2. Sample copy of Lease Agreement PW/13. � COma[ExunTioxs:nrexove�p�oxxFaecTpq ERSONALSERVICECONTRACTSMiJSTANSWERTHEFOLLOWING: eLnNrvmG CONmfISSiOx _ STnFF 1. Has the person/firm ever worked under a contract for this department? YES NO - _ CNII, SERVtCE COMM _ . Has this person/firm ever been a City employee? YES NO _ Cffi COMMITT'EE _ . Does this person/firm possess a skill not normally possessed by any UPPORTS WHICH COUNCII.OBJECTIVE? Current City empioyee? YES NO � xplain all YES answers on a separate sheet and at[ach. . COUNCIL WARD(S): 4 DISTRICT PLANNING COUNCIL 13 , �TIATING PROBLEM, ISSUE, QPPORTIJNTI'Y (Who, What, When, Where, Why): �� Research C�r�tur W/13 expired on April 30,1999. AUG 2 °7 20�1 VAN'I'AGES IF APPROVED: . he community garden plots project will continue. ," �`;�, ISA'ikY�'�'TAGES IF APPROVED: N/A ISADVANTAGES IF NOT APPROVED: he community garden plots project would have to be discontinued. otal Amount of Transacfioo $ �.0� CosURevenue Budgeted YES NO undingSource N�E� AcfivityNumber N�L� � .. inancial [nformation: (Explain) 9 (Pwl3) Revised .........................................7/14/99 Authority (C.F. or A.O.) LEASE NO. � FINANCE DEPT. LEASE NO. PW/13 DATE: July 31. 1999 LESSOR: CITY OF SAINT PAUL DEPARTMENT OF Public Works LESSEE: Snelline/Hamline Communitv Council 1573 Selbv Avenue - 319 Libertv State Bank BuildinP Saint Paul. Minnesota 55104 o�-Z'�.5 CITY OF SAINT PAUL STANDARD LEASE AGREEMENT [1] Leased Premises. The LESSOR, in consideration of the payment of the Basic Rent and Additional Rent hereinafter specified to be paid by the LESSE3� d the covenants and agreements herein contained, does hereby lease, demise and let unto LES� � t e premises hereinafter referred to as the "Leased Premises," consisting of 42 700 uare feet acant land which is legally described as: From the Point of Beginning on th est Line of Block 26, Anna E. Ramsey's addition to the City of Saint Paul tt Southwest Line of Ayd '�4UU.UCI� moie or . (50.00') west of the Road Right-of-Wa intersection of a two hundred se� L27 together thereon; south of the intersection of said West Line with the �d Ri�ht-of-Way; thence southeasterly for four hundred feet ro �h a point on the South Line of said block 26 and fifty feet ;,�on of said South Line with the said Southwest Line of Ayd Mill continuing to the Center Line of unimproved Ashland Avenue; d Center Line for three hundred feet (300.00') more or less to the extension of the said West Line of said Block 26; [hence northerly feet (270.00') more or less to the Point of Be�inning. fixtures in such buildings, improvements and structures, if any, located See Exhibit "A", plan or map of leased area which is incorporated herein by this reference. Term of Lease. This lease shall be in effect for a term commencing and ending on the dates indicated below, unless terminated eazlier by the LESSOR as provided herein. Term (Months/Yeus) five yeazs Commencing Date May 1, 1999 Ending Date 30, 2004 1 o�-�t�s [3] Use of Premises. The LESSEE shall use and occupy the L,eased Premises for the following purpose: Community Gazdens, except that an area estima[ed at, but not limited to 400 squaze feet, in one corner of the Leased Premises may be used for composting, provided that composted material thereby produced shall not be offered for sale, nor shall income otherwise derive from such use of the premises; and also except as qualified in pazagraph [28], and for o other purpose without prior written consent of the LESSOR [4] and for no other purpose without the prior written consent of L,ESSOR. Rent. Rent shall consist of Basic Rent and such Additional 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: (A) Basic Rent Total Basic Rent During Lease Term See Paragraph 27 Schedule (Payment Period — Commencing Date —$ per Period) N/A May 1, 1999 N/A (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 this paragraph or other provisions of this Lease. Additional Rent shall include, but is not limited to, the following fees, costs and expenses: (1) �2) (3) (4) all utilities, including water, electric, gas, telephone, sewage and gazbage collection and disposal; costs for the repairs, improvements or alterations required to be made by the LESSEE in pazagraph 11 of this L,ease; all taxes on realty or personalty, general or special; (4) all public ra[es, dues, charges and assessments, general or special, of any kind upon the Leased Premises; and property insurance premium and/or uninsured losses as set forth in paragraph (7) of this Lease. In the event that LESSEE does not make such payments (or any payments reguired to be paid as Additional Rent), LESSOR may make the payments at its option, and the payments so paid become Additional Rent, and are 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 LESSOR at the following address: The applicable account number for City Finance Accounting Code is: 2 a�-'►�.s [5] Taxes. LFSSEE shall be responsible for and pay all taxes and assessments against the I.eased Premises, except that LESSEE may at its own expense contest and challenge the imposition or amount of any such tax or assessment as prescribed by law; provided, however, that in the event this I,ease is temunated by either party, LESSOR may at its option require the LESSEE to pay such contested taxes pending appeal, to place in escrow a sum sufficient to pay said taxes, or take other action that will remove said contested taYes as an encumbrance to title or as an exception to the transferability of marketable title to the I.eased Premises. [6] Right of Entrv. 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 L.eased Premises during reasonabie business hours or, in the event of an emergency, at any time for any legitimate purpose. [7] Insurance. (A) LESSOR'S Insurance. The LESSOR shall acquire and keep in effec[ during the term of this agreement the following coverages: 1$ shall be purchased by the LESS�R; the LESS a 1 pay, iitional Rent, emium for said insurance and, in vent of a claim, � uctible. Said insurance ame the Cit int Paul as the insured. W �ect to any loss of the LESSOR'S not covered by insurance, it shall responsibility of the LES , within a reaso time, to pay all costs to reF replace the da property with like kind, suc nable time to �rmin t e LESSOR. LESSEE shall be responsible for insura its o (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) COMMERCIAL GENERAL LIABILITY INSURANCE including blanket contractual liability coverage, petsonal injury liability coverage and broad form property damage liability endorsement with a combined single limit of not less than $750,000 per occurrence shall be purchased by the LESSEE. Such insurance shall: (a) name the City of Saint Paul as additional insured; (b) be primary with respect to LESSOR'S insurance or self-insurance; (c) not exclude explosion, collapse and underground property damage; (d) be written on an "Occurrence" Form policy basis; and (e) not contain an "aggregate" policy limit unless specifically approved in writing by LESSOR. (3) AUTOMOBILE LIABILTI'Y INSURANCE with minimum limits of $75Q000 combined single limit and $1,000,000 aggregate, covering hired, non-owned and owned automobiles. �,� (4) imits: a TI'Y INSURANCE with min' imits o at o�-9a5 (5) The LESSEE shali supply to LESSOR cusent insurance certificates for policies required in Paragraph (7). 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 minimums; and it is the sole responsibility of the L,ESSEE to purchase and maintain additional insurance that may be necessary in relation to this lease. (7) Nothing in this contrac[ shall constitute a waiver by the LESSOR of any statutory limits or exceptions on liability. (8) LESSEE shall place 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 pazagraph (7) shall be endorsed to indicate that the insurer cannot cancel or change the insurance without first giving the LESSOR 30 days' written notice. (9) Insurance limits shall be subject to the tort claims liability limits as set forth in chapter 466 of Minnesota Statutes. (C) Waiver of SubroQation. LESSOR waives its right of subrogation for damage to the Building, contents therein, loss of use thereof, and/or loss 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 coilected. The parties shall notify their respective insurance companies, in writing, of the provisions of this pazagraph; and, if either cannot waive its subrogation rights, such party shall immediately notify the other party, in writing. [8] Cancellation or Termination. This lease shall be subject to cancellation and ternvnation 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 da[e when such ternunation 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 LESSEE without interest. [9] Notice. 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 pos[a�e prepaid, and addressed to the LESSEE at the address stated on pa�e (1) and to the LESSOR a[ the Real Estate 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 chan�e notice by personal service. [10] Assi�nment and Sublettine. 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 any agreement to sublease the Leased Premises. � o�.� �.s [ll] Maintenance and Reaairs. LESSEE shall, at its own cost and expense, be responsible for all repairs, maintenance and upkeep of the Leased Premises, including but not limited to emergency repairs of any kind; routine maintenance and repair to keep the Leased Premises in good repair, safe ar.� in compliance with applicable fire, health, buildina and other life-safety codes; and all repairs and maintenance needed to the Leased Premises in good con- dition, including ( � b e 1, 'lA' r /1.\rl. F f /..\rl,ei,e.,r:.. . ,.r;lor;na�..A.. .,A:«:,,..:..,....�«.,..... ° ' .s�' t t_ ,,,, „ , ' . . .....:.... .......:.... ...... � a> �a a � r f��; and (e) all grounds, fences and roads within the Leased Premises. The foregoing obligations shall bind the LESSEE regardless of the cause of the damage or condition necessitating the repair or maintenance. [12] Pavments in Case of Default. LESSEE shall pay LESSOR all costs and expenses, including reasonable attorney'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 covenanfs or agreements contained in this L,ease, or to recover possession of said property, whether such action prob esses to judgment or not. [13] Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner termination of this lease, shall quit peacefully and sunender possession of said property and its appurtenances to LESSOR in as good order and condition as the property was delivered to the LESSEE. [14] IndemnitV. The LESSEE agrees to indemnify, defend, save and hold harniless 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, azising out of or by reason of the Lease of the herein described Leased Premises by the LESSOR to the LESSEE, or the use or condition of the Leased Premises or as a result of the operations or business activities taking place on the Leased Premises. It is fully understood and agreed that LESSEE is awaze of the conditions of the I.eased Premises and leases the same "as is." [15] Holdover. Any holdover after the expira[ion 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. [16] Pollution and Contaminants. LESSEE agrees to comply with all ordinances, laws, rules and regula[ions 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. LESSEE shall bear all costs and expenses azising from compliance with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold harmless LESSOR from all liability, in- cluding 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 chazge the LESSEE as Additional Rent for such costs should the LESSEE fail to comply. o� -qas [17] Controlling Lease. In the event there is any prior existing lease or rental agreement between LESSEE and LESSOR (or its predecessor in interest) covering the subject property, it is a�reed and understood that this Izase shall cancel and ternunate any prior leases or rental agreements as of the effective date of this lease. [18] Destruction. In the event of damage to or destruction of the L,eased Premises or in the event the premises becomes untenantable or unfit for occupancy due to such damaLe during the term of this Lease, LESSOR may at its option: (A) terminate the lease upon fifteen (15) days' written notice to LESSEE; or (B) within fifteen (15) days agree to restore the premises within a reasonable time period following the casualty, chazging the costs in excess of the insurance proceeds, if any, to the LESSEE as Additional Rent; or (C) may direct that LESSEE promptly restore the Leased Premises to substantially the condition existing immediately prior to such damage or destruction, and for that purpose, if such dam- age or destruction was caused by perils insured against the LESSOR shall make available to LESSEE pro-rata, as work progresses, the net proceeds of such insurance. If such proceeds are insufficient to pay the entire cost thereof, LESSEE agrees to pay as Additional Rent, a lump sum payment (or in a form agreed upon by the LESSOR) equal to the remainder of such cost. The Basic Rents 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. (19] Events of Default. The occurrence of any of the following events during the term of this Lease shall constitute an event of default by the LESSEE: (A) the filing of a petition to have LESSEE adjudicated bankrupt or a petition for reorganization or arrangement under any 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 I,eased Premises be assumed by any trustee or other person pursuant to any judicial proceedings; (D) LESSEE makes any assignmen[ for the benefit of creditors; (E) the failure by LESSEE to timely pay Basic Rent or Additional Ren[ as required by this L,ease; (F) 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 L,ease; or (G) the failure by LESSEE or its 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 eazlier. 01-4a5 It is an express covenant and agreement of LESSOR and LESSEE that LESSOR may, at its election, terminate this L.ease in the event of the occurrence of any of the events described in this paragraph or in pazagraph (22) relating to liens by giving not less than ten days' written notice to LESSEE; and when so ternunated, LESSOR may reenter the I,eased Premises. This I,ease and its L.eased 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 reentry, notwithstanding any other provision of this Lease, to exercise such rights and remedies as aze provided in Paragraph (24) of this Lease. [20] Comnliance with Laws. The properiy 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. [21] Non-Discrimination. The LESSEE for himself, his personai 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, mazital status, status with respect to public assistance or national origin or ancestry shall be excluded from participating in, be denied the benefits of or be otherwise subjected to discrimination in the use of said facilities; (B) that in connection with the construction of any improvements on said lands and the furnishing of services thereon, no discrimination shall be practiced in the selection of em- ployees and contractors, by contractors in the selection and retention of first tier subcontract- ors, and by first-tier subcontractors in the selection and retention of second-tier subcon- tractors; (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 eating, sleeping, rest and recreation) constructed or operated on the L.eased 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. [22] Liens. The LESSEE shall not pernut mechanic's liens or other liens to be filed or established or to remain against the Leased Premises for labor, materials or services fumished in connection with any additions, modifications, improvements, repairs, renewals or replacements made to the Leased Premises, or for any other reason; provided that if the LESSEE shall firs[ notify the LESSOR of its intention 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 any such claims or mechanic's or other liens filed or established and in such event may pemut the items contes[ed to remain undischazged and unsatisfied during the period of such contest. If, in the opinion of the LESSOR, the nonpayment of any such items subjects the L,eased Premises to any loss or forfeiture, the LESSOR may require the LESSEE to use the es- crow account to promptly pay all such unpaid items and if LESSEE fails to pay from the escrow account, the LESSOR may pay and chazge the LESSEE as Additional Rent. 7 a �_g,.s [23] Eminent Domain. In the event the entire L.eased Premises are taken by eminent domain, or such portion thereof is so taken that in L.ESSEE'S reasonable judgement it is uneconomic thereafter to restore the L,eased Premises and proceed under the terms and provisions of this I,ease, LESSEE may terminate this Lease by giving to LFSSOR thirty days' written notice of ternunation, effective as of the date on which the condemr.ing authority acquires legal title or physical possession of the Leased Premises. LESSEE hereby waives and releases any claim to or shaze in the Award of Compensation for the taking, notwithstanding any other provision of law, this L.ease or any other a�reement_ LESSEE may to the extent otherwise pernutted in the eminent domain proceeding, remove its own trade fixtures at its own expense. (24] Default Remedies. In the event an Event of Default occurs under pazaa aph (19) of this Lease, LESSOR may exercise any one or more of the following remedies: (A) reenter and take possession of the Premises without temunation of this L,ease, and use its best efforts [o ease the Premises to or enter into an agreement with another person for the account of LESSEE; (B) ternunate 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 I.eased Premises, sell all or any part of the Premises at the best price obtainable (provided such sale is permitted by applic- able 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. (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 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. (G) 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 Lease. 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 entitle 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. D (-9a5 [25] 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 accuiate description shall first be submitted to and approved by the LES SOR and such alterations shall be done by the LESSEE at its own expense. All such work shall be performed under the LESSOR'S supervision and any improvements made to the L.eased Premises at the LFSSEE'S expense shall become the property of the LESSOR at the end of the L.ease period. LESSEE a�rees that all alterations will be done in a workmanlike manner and in conformance with applicabie 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. (26] Amended. Anything herein contained to the contrary not withstanding, this Lease may be temunated, and the provisions of this Lease may be, in writing, amended by mutual consent of the parties hereto. [27] Services Provided in Lieu of Cash Rent. The LESSOR agrees to accept, in lieu of the basic rent that would normally be specified in Paragraph [4] of this agreement, services provided by the LESSEE in the form of gazden plots, as outlined in Exhibit "B", that the LESSEE will make available to residents of the City of Saint Paul. [28] Sewer Easement. To provide access to a sewer line running under the Leased Premises, LESSEE agrees it will not pemut garden plots within an area defined as eighteen feet on either side of a Base Line running from a point on ta southerly extension of the West Line of Block 26 and seventeen feet (17.00') north of the Center Line of unimproved Ashland Avenue; thence easterly and parallel to the said Center Line for ninety seven and eighty five one hundredths feet (97.85'); thence northerly to a point on the Southwest Line of the Ayd Mill Road Right-of-Way and one hundred thirty feet (130.00') southeast of the intersection with the West Line of said Block 26, as highliohted in blue on Exhibit "A". E 0 t -g�.5 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and yeaz in this I.ease first above-written. LESSOR: Mayor City Clerk Director of Technology & Management Services Department Director City Attomey (Form Apprdval) LESSEE: �r • Its Its i�i] � �� - . � � .'� �; • .� �` f: �s;, � :� �`., (I' � � � � Y �� s � I c . � O d � 3 \ �� EXHIBIT "A" to Lease Agreement PW/13 - ( . C95)�: 6 � /a`/S I ° ,�� 5 � � � 9� c �ti � 4 I 3 C33) � C�2) [s�) as < . \\ � -. , e _ _,, ,,�� - � c � �ASHI.AND � I . ,} . �. ` .- .. yc z � ', c � � y � � � � . . I ° y 10 �� 7 � 5 i '�� 2' • �� ,�1� � � til � � ZC � ; ` � �' � `� \ s . i �� ♦ �• � 'C� yv uv i ... Sa... i � I z � 1 'y i � :30) i (z9) �o Eo 0 � N T.7�( p 3� $t,��°ya \ vl s�l f :•: o 11 I 12 I E3 14 1.5 lo !7 }$ 19 20 21 22 2 �C37) � (�8) <39) l90) (41) ��Z) �43� ��1 (45) (46) C47) C4 � � i3s7 � �3y izY� �� e � 4 � � �� PoRTLf�NO � � � _:J•,��i - D�—`l�s � \ � Ig � J (�g6)' � \ I � I 7 �� (19l � ( J8 � � S � r' � ( � !4 4 ? (�<) � 9.0� r�; 0 V ./ i15) ( i 15 f J27T 6 �� Retum copy to: Real Estate Division 140 City Hall Presented By Referred To �PIGI�I�L RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Committee: WEiEREAS, Since 1989 the City has leased 42,700 square feet of vacant land adjacent to Ayd Mill Road and abutting unimproved Ashland Avenue to the Snelling/Hamline Community Council to provide community gazden plots; and WHEI2EAS, the instrument of that lease, Lease Agreement PW/li, expired on Apri130, 1999; and WHEREAS, it is the intention of both parties to renew the said lease for another five year term; io i� iz t3 NOW THEREFORE BE IT RESOLVED, that the proper City officials aze hereby authorized and directed to execute a five year extension of the said Lease Agreement PW/13. Requested by Department of: Technolo�v & Mana�ement Services By: � ��iL!"/� ,,��_1.�\ Duector��" Form Approved by City Attorney By: d..�� w�r�^'— g� Z� f�( Adoption Certified by Council Secretary B � \�'� Approved by Mayor for Submission to Council Approved by Mayor: Date �� P g � By: , Council File # ��— RZS GreenSheet# 1\�53�i V - T.M.S./REAL ESTATE Date: 8/14/Ol Greett Sheet Number: � DIVISION � o �' EPAIti116ATOIXECT08 5 CRYCOIRVC¢ outaM Person and Phoue Number • Z An�a,.� � p.t( .�� q � ' DaVe NelsOU 26(r8860 cw.s�rsncrsomecrox 1 nm¢croa 3 ron�ae.�ss�sr.vr� 6 rrr.�nms�ac ost 6e m Conocil Agenda by: OTAL # OF SIGNAI'ORE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CI70N REQUESTED: o approve Lease Agreement PW/13 providing 42,700 square feet of vacant land near Ayd Mill Road and nimproved Ashland Avenue to the Snelling/Hamline Community Council to be used for community garden lots. Ref: 1. Resolution for consideration; 2. Sample copy of Lease Agreement PW/13. � COma[ExunTioxs:nrexove�p�oxxFaecTpq ERSONALSERVICECONTRACTSMiJSTANSWERTHEFOLLOWING: eLnNrvmG CONmfISSiOx _ STnFF 1. Has the person/firm ever worked under a contract for this department? YES NO - _ CNII, SERVtCE COMM _ . Has this person/firm ever been a City employee? YES NO _ Cffi COMMITT'EE _ . Does this person/firm possess a skill not normally possessed by any UPPORTS WHICH COUNCII.OBJECTIVE? Current City empioyee? YES NO � xplain all YES answers on a separate sheet and at[ach. . COUNCIL WARD(S): 4 DISTRICT PLANNING COUNCIL 13 , �TIATING PROBLEM, ISSUE, QPPORTIJNTI'Y (Who, What, When, Where, Why): �� Research C�r�tur W/13 expired on April 30,1999. AUG 2 °7 20�1 VAN'I'AGES IF APPROVED: . he community garden plots project will continue. ," �`;�, ISA'ikY�'�'TAGES IF APPROVED: N/A ISADVANTAGES IF NOT APPROVED: he community garden plots project would have to be discontinued. otal Amount of Transacfioo $ �.0� CosURevenue Budgeted YES NO undingSource N�E� AcfivityNumber N�L� � .. inancial [nformation: (Explain) 9 (Pwl3) Revised .........................................7/14/99 Authority (C.F. or A.O.) LEASE NO. � FINANCE DEPT. LEASE NO. PW/13 DATE: July 31. 1999 LESSOR: CITY OF SAINT PAUL DEPARTMENT OF Public Works LESSEE: Snelline/Hamline Communitv Council 1573 Selbv Avenue - 319 Libertv State Bank BuildinP Saint Paul. Minnesota 55104 o�-Z'�.5 CITY OF SAINT PAUL STANDARD LEASE AGREEMENT [1] Leased Premises. The LESSOR, in consideration of the payment of the Basic Rent and Additional Rent hereinafter specified to be paid by the LESSE3� d the covenants and agreements herein contained, does hereby lease, demise and let unto LES� � t e premises hereinafter referred to as the "Leased Premises," consisting of 42 700 uare feet acant land which is legally described as: From the Point of Beginning on th est Line of Block 26, Anna E. Ramsey's addition to the City of Saint Paul tt Southwest Line of Ayd '�4UU.UCI� moie or . (50.00') west of the Road Right-of-Wa intersection of a two hundred se� L27 together thereon; south of the intersection of said West Line with the �d Ri�ht-of-Way; thence southeasterly for four hundred feet ro �h a point on the South Line of said block 26 and fifty feet ;,�on of said South Line with the said Southwest Line of Ayd Mill continuing to the Center Line of unimproved Ashland Avenue; d Center Line for three hundred feet (300.00') more or less to the extension of the said West Line of said Block 26; [hence northerly feet (270.00') more or less to the Point of Be�inning. fixtures in such buildings, improvements and structures, if any, located See Exhibit "A", plan or map of leased area which is incorporated herein by this reference. Term of Lease. This lease shall be in effect for a term commencing and ending on the dates indicated below, unless terminated eazlier by the LESSOR as provided herein. Term (Months/Yeus) five yeazs Commencing Date May 1, 1999 Ending Date 30, 2004 1 o�-�t�s [3] Use of Premises. The LESSEE shall use and occupy the L,eased Premises for the following purpose: Community Gazdens, except that an area estima[ed at, but not limited to 400 squaze feet, in one corner of the Leased Premises may be used for composting, provided that composted material thereby produced shall not be offered for sale, nor shall income otherwise derive from such use of the premises; and also except as qualified in pazagraph [28], and for o other purpose without prior written consent of the LESSOR [4] and for no other purpose without the prior written consent of L,ESSOR. Rent. Rent shall consist of Basic Rent and such Additional 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: (A) Basic Rent Total Basic Rent During Lease Term See Paragraph 27 Schedule (Payment Period — Commencing Date —$ per Period) N/A May 1, 1999 N/A (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 this paragraph or other provisions of this Lease. Additional Rent shall include, but is not limited to, the following fees, costs and expenses: (1) �2) (3) (4) all utilities, including water, electric, gas, telephone, sewage and gazbage collection and disposal; costs for the repairs, improvements or alterations required to be made by the LESSEE in pazagraph 11 of this L,ease; all taxes on realty or personalty, general or special; (4) all public ra[es, dues, charges and assessments, general or special, of any kind upon the Leased Premises; and property insurance premium and/or uninsured losses as set forth in paragraph (7) of this Lease. In the event that LESSEE does not make such payments (or any payments reguired to be paid as Additional Rent), LESSOR may make the payments at its option, and the payments so paid become Additional Rent, and are 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 LESSOR at the following address: The applicable account number for City Finance Accounting Code is: 2 a�-'►�.s [5] Taxes. LFSSEE shall be responsible for and pay all taxes and assessments against the I.eased Premises, except that LESSEE may at its own expense contest and challenge the imposition or amount of any such tax or assessment as prescribed by law; provided, however, that in the event this I,ease is temunated by either party, LESSOR may at its option require the LESSEE to pay such contested taxes pending appeal, to place in escrow a sum sufficient to pay said taxes, or take other action that will remove said contested taYes as an encumbrance to title or as an exception to the transferability of marketable title to the I.eased Premises. [6] Right of Entrv. 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 L.eased Premises during reasonabie business hours or, in the event of an emergency, at any time for any legitimate purpose. [7] Insurance. (A) LESSOR'S Insurance. The LESSOR shall acquire and keep in effec[ during the term of this agreement the following coverages: 1$ shall be purchased by the LESS�R; the LESS a 1 pay, iitional Rent, emium for said insurance and, in vent of a claim, � uctible. Said insurance ame the Cit int Paul as the insured. W �ect to any loss of the LESSOR'S not covered by insurance, it shall responsibility of the LES , within a reaso time, to pay all costs to reF replace the da property with like kind, suc nable time to �rmin t e LESSOR. LESSEE shall be responsible for insura its o (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) COMMERCIAL GENERAL LIABILITY INSURANCE including blanket contractual liability coverage, petsonal injury liability coverage and broad form property damage liability endorsement with a combined single limit of not less than $750,000 per occurrence shall be purchased by the LESSEE. Such insurance shall: (a) name the City of Saint Paul as additional insured; (b) be primary with respect to LESSOR'S insurance or self-insurance; (c) not exclude explosion, collapse and underground property damage; (d) be written on an "Occurrence" Form policy basis; and (e) not contain an "aggregate" policy limit unless specifically approved in writing by LESSOR. (3) AUTOMOBILE LIABILTI'Y INSURANCE with minimum limits of $75Q000 combined single limit and $1,000,000 aggregate, covering hired, non-owned and owned automobiles. �,� (4) imits: a TI'Y INSURANCE with min' imits o at o�-9a5 (5) The LESSEE shali supply to LESSOR cusent insurance certificates for policies required in Paragraph (7). 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 minimums; and it is the sole responsibility of the L,ESSEE to purchase and maintain additional insurance that may be necessary in relation to this lease. (7) Nothing in this contrac[ shall constitute a waiver by the LESSOR of any statutory limits or exceptions on liability. (8) LESSEE shall place 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 pazagraph (7) shall be endorsed to indicate that the insurer cannot cancel or change the insurance without first giving the LESSOR 30 days' written notice. (9) Insurance limits shall be subject to the tort claims liability limits as set forth in chapter 466 of Minnesota Statutes. (C) Waiver of SubroQation. LESSOR waives its right of subrogation for damage to the Building, contents therein, loss of use thereof, and/or loss 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 coilected. The parties shall notify their respective insurance companies, in writing, of the provisions of this pazagraph; and, if either cannot waive its subrogation rights, such party shall immediately notify the other party, in writing. [8] Cancellation or Termination. This lease shall be subject to cancellation and ternvnation 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 da[e when such ternunation 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 LESSEE without interest. [9] Notice. 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 pos[a�e prepaid, and addressed to the LESSEE at the address stated on pa�e (1) and to the LESSOR a[ the Real Estate 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 chan�e notice by personal service. [10] Assi�nment and Sublettine. 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 any agreement to sublease the Leased Premises. � o�.� �.s [ll] Maintenance and Reaairs. LESSEE shall, at its own cost and expense, be responsible for all repairs, maintenance and upkeep of the Leased Premises, including but not limited to emergency repairs of any kind; routine maintenance and repair to keep the Leased Premises in good repair, safe ar.� in compliance with applicable fire, health, buildina and other life-safety codes; and all repairs and maintenance needed to the Leased Premises in good con- dition, including ( � b e 1, 'lA' r /1.\rl. F f /..\rl,ei,e.,r:.. . ,.r;lor;na�..A.. .,A:«:,,..:..,....�«.,..... ° ' .s�' t t_ ,,,, „ , ' . . .....:.... .......:.... ...... � a> �a a � r f��; and (e) all grounds, fences and roads within the Leased Premises. The foregoing obligations shall bind the LESSEE regardless of the cause of the damage or condition necessitating the repair or maintenance. [12] Pavments in Case of Default. LESSEE shall pay LESSOR all costs and expenses, including reasonable attorney'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 covenanfs or agreements contained in this L,ease, or to recover possession of said property, whether such action prob esses to judgment or not. [13] Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner termination of this lease, shall quit peacefully and sunender possession of said property and its appurtenances to LESSOR in as good order and condition as the property was delivered to the LESSEE. [14] IndemnitV. The LESSEE agrees to indemnify, defend, save and hold harniless 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, azising out of or by reason of the Lease of the herein described Leased Premises by the LESSOR to the LESSEE, or the use or condition of the Leased Premises or as a result of the operations or business activities taking place on the Leased Premises. It is fully understood and agreed that LESSEE is awaze of the conditions of the I.eased Premises and leases the same "as is." [15] Holdover. Any holdover after the expira[ion 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. [16] Pollution and Contaminants. LESSEE agrees to comply with all ordinances, laws, rules and regula[ions 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. LESSEE shall bear all costs and expenses azising from compliance with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold harmless LESSOR from all liability, in- cluding 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 chazge the LESSEE as Additional Rent for such costs should the LESSEE fail to comply. o� -qas [17] Controlling Lease. In the event there is any prior existing lease or rental agreement between LESSEE and LESSOR (or its predecessor in interest) covering the subject property, it is a�reed and understood that this Izase shall cancel and ternunate any prior leases or rental agreements as of the effective date of this lease. [18] Destruction. In the event of damage to or destruction of the L,eased Premises or in the event the premises becomes untenantable or unfit for occupancy due to such damaLe during the term of this Lease, LESSOR may at its option: (A) terminate the lease upon fifteen (15) days' written notice to LESSEE; or (B) within fifteen (15) days agree to restore the premises within a reasonable time period following the casualty, chazging the costs in excess of the insurance proceeds, if any, to the LESSEE as Additional Rent; or (C) may direct that LESSEE promptly restore the Leased Premises to substantially the condition existing immediately prior to such damage or destruction, and for that purpose, if such dam- age or destruction was caused by perils insured against the LESSOR shall make available to LESSEE pro-rata, as work progresses, the net proceeds of such insurance. If such proceeds are insufficient to pay the entire cost thereof, LESSEE agrees to pay as Additional Rent, a lump sum payment (or in a form agreed upon by the LESSOR) equal to the remainder of such cost. The Basic Rents 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. (19] Events of Default. The occurrence of any of the following events during the term of this Lease shall constitute an event of default by the LESSEE: (A) the filing of a petition to have LESSEE adjudicated bankrupt or a petition for reorganization or arrangement under any 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 I,eased Premises be assumed by any trustee or other person pursuant to any judicial proceedings; (D) LESSEE makes any assignmen[ for the benefit of creditors; (E) the failure by LESSEE to timely pay Basic Rent or Additional Ren[ as required by this L,ease; (F) 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 L,ease; or (G) the failure by LESSEE or its 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 eazlier. 01-4a5 It is an express covenant and agreement of LESSOR and LESSEE that LESSOR may, at its election, terminate this L.ease in the event of the occurrence of any of the events described in this paragraph or in pazagraph (22) relating to liens by giving not less than ten days' written notice to LESSEE; and when so ternunated, LESSOR may reenter the I,eased Premises. This I,ease and its L.eased 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 reentry, notwithstanding any other provision of this Lease, to exercise such rights and remedies as aze provided in Paragraph (24) of this Lease. [20] Comnliance with Laws. The properiy 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. [21] Non-Discrimination. The LESSEE for himself, his personai 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, mazital status, status with respect to public assistance or national origin or ancestry shall be excluded from participating in, be denied the benefits of or be otherwise subjected to discrimination in the use of said facilities; (B) that in connection with the construction of any improvements on said lands and the furnishing of services thereon, no discrimination shall be practiced in the selection of em- ployees and contractors, by contractors in the selection and retention of first tier subcontract- ors, and by first-tier subcontractors in the selection and retention of second-tier subcon- tractors; (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 eating, sleeping, rest and recreation) constructed or operated on the L.eased 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. [22] Liens. The LESSEE shall not pernut mechanic's liens or other liens to be filed or established or to remain against the Leased Premises for labor, materials or services fumished in connection with any additions, modifications, improvements, repairs, renewals or replacements made to the Leased Premises, or for any other reason; provided that if the LESSEE shall firs[ notify the LESSOR of its intention 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 any such claims or mechanic's or other liens filed or established and in such event may pemut the items contes[ed to remain undischazged and unsatisfied during the period of such contest. If, in the opinion of the LESSOR, the nonpayment of any such items subjects the L,eased Premises to any loss or forfeiture, the LESSOR may require the LESSEE to use the es- crow account to promptly pay all such unpaid items and if LESSEE fails to pay from the escrow account, the LESSOR may pay and chazge the LESSEE as Additional Rent. 7 a �_g,.s [23] Eminent Domain. In the event the entire L.eased Premises are taken by eminent domain, or such portion thereof is so taken that in L.ESSEE'S reasonable judgement it is uneconomic thereafter to restore the L,eased Premises and proceed under the terms and provisions of this I,ease, LESSEE may terminate this Lease by giving to LFSSOR thirty days' written notice of ternunation, effective as of the date on which the condemr.ing authority acquires legal title or physical possession of the Leased Premises. LESSEE hereby waives and releases any claim to or shaze in the Award of Compensation for the taking, notwithstanding any other provision of law, this L.ease or any other a�reement_ LESSEE may to the extent otherwise pernutted in the eminent domain proceeding, remove its own trade fixtures at its own expense. (24] Default Remedies. In the event an Event of Default occurs under pazaa aph (19) of this Lease, LESSOR may exercise any one or more of the following remedies: (A) reenter and take possession of the Premises without temunation of this L,ease, and use its best efforts [o ease the Premises to or enter into an agreement with another person for the account of LESSEE; (B) ternunate 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 I.eased Premises, sell all or any part of the Premises at the best price obtainable (provided such sale is permitted by applic- able 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. (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 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. (G) 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 Lease. 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 entitle 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. D (-9a5 [25] 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 accuiate description shall first be submitted to and approved by the LES SOR and such alterations shall be done by the LESSEE at its own expense. All such work shall be performed under the LESSOR'S supervision and any improvements made to the L.eased Premises at the LFSSEE'S expense shall become the property of the LESSOR at the end of the L.ease period. LESSEE a�rees that all alterations will be done in a workmanlike manner and in conformance with applicabie 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. (26] Amended. Anything herein contained to the contrary not withstanding, this Lease may be temunated, and the provisions of this Lease may be, in writing, amended by mutual consent of the parties hereto. [27] Services Provided in Lieu of Cash Rent. The LESSOR agrees to accept, in lieu of the basic rent that would normally be specified in Paragraph [4] of this agreement, services provided by the LESSEE in the form of gazden plots, as outlined in Exhibit "B", that the LESSEE will make available to residents of the City of Saint Paul. [28] Sewer Easement. To provide access to a sewer line running under the Leased Premises, LESSEE agrees it will not pemut garden plots within an area defined as eighteen feet on either side of a Base Line running from a point on ta southerly extension of the West Line of Block 26 and seventeen feet (17.00') north of the Center Line of unimproved Ashland Avenue; thence easterly and parallel to the said Center Line for ninety seven and eighty five one hundredths feet (97.85'); thence northerly to a point on the Southwest Line of the Ayd Mill Road Right-of-Way and one hundred thirty feet (130.00') southeast of the intersection with the West Line of said Block 26, as highliohted in blue on Exhibit "A". E 0 t -g�.5 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and yeaz in this I.ease first above-written. LESSOR: Mayor City Clerk Director of Technology & Management Services Department Director City Attomey (Form Apprdval) LESSEE: �r • Its Its i�i] � �� - . � � .'� �; • .� �` f: �s;, � :� �`., (I' � � � � Y �� s � I c . � O d � 3 \ �� EXHIBIT "A" to Lease Agreement PW/13 - ( . C95)�: 6 � /a`/S I ° ,�� 5 � � � 9� c �ti � 4 I 3 C33) � C�2) [s�) as < . \\ � -. , e _ _,, ,,�� - � c � �ASHI.AND � I . ,} . �. ` .- .. yc z � ', c � � y � � � � . . I ° y 10 �� 7 � 5 i '�� 2' • �� ,�1� � � til � � ZC � ; ` � �' � `� \ s . i �� ♦ �• � 'C� yv uv i ... Sa... i � I z � 1 'y i � :30) i (z9) �o Eo 0 � N T.7�( p 3� $t,��°ya \ vl s�l f :•: o 11 I 12 I E3 14 1.5 lo !7 }$ 19 20 21 22 2 �C37) � (�8) <39) l90) (41) ��Z) �43� ��1 (45) (46) C47) C4 � � i3s7 � �3y izY� �� e � 4 � � �� PoRTLf�NO � � � _:J•,��i - D�—`l�s � \ � Ig � J (�g6)' � \ I � I 7 �� (19l � ( J8 � � S � r' � ( � !4 4 ? (�<) � 9.0� r�; 0 V ./ i15) ( i 15 f J27T 6 �� Retum copy to: Real Estate Division 140 City Hall Presented By Referred To �PIGI�I�L RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Committee: WEiEREAS, Since 1989 the City has leased 42,700 square feet of vacant land adjacent to Ayd Mill Road and abutting unimproved Ashland Avenue to the Snelling/Hamline Community Council to provide community gazden plots; and WHEI2EAS, the instrument of that lease, Lease Agreement PW/li, expired on Apri130, 1999; and WHEREAS, it is the intention of both parties to renew the said lease for another five year term; io i� iz t3 NOW THEREFORE BE IT RESOLVED, that the proper City officials aze hereby authorized and directed to execute a five year extension of the said Lease Agreement PW/13. Requested by Department of: Technolo�v & Mana�ement Services By: � ��iL!"/� ,,��_1.�\ Duector��" Form Approved by City Attorney By: d..�� w�r�^'— g� Z� f�( Adoption Certified by Council Secretary B � \�'� Approved by Mayor for Submission to Council Approved by Mayor: Date �� P g � By: , Council File # ��— RZS GreenSheet# 1\�53�i V - T.M.S./REAL ESTATE Date: 8/14/Ol Greett Sheet Number: � DIVISION � o �' EPAIti116ATOIXECT08 5 CRYCOIRVC¢ outaM Person and Phoue Number • Z An�a,.� � p.t( .�� q � ' DaVe NelsOU 26(r8860 cw.s�rsncrsomecrox 1 nm¢croa 3 ron�ae.�ss�sr.vr� 6 rrr.�nms�ac ost 6e m Conocil Agenda by: OTAL # OF SIGNAI'ORE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CI70N REQUESTED: o approve Lease Agreement PW/13 providing 42,700 square feet of vacant land near Ayd Mill Road and nimproved Ashland Avenue to the Snelling/Hamline Community Council to be used for community garden lots. Ref: 1. Resolution for consideration; 2. Sample copy of Lease Agreement PW/13. � COma[ExunTioxs:nrexove�p�oxxFaecTpq ERSONALSERVICECONTRACTSMiJSTANSWERTHEFOLLOWING: eLnNrvmG CONmfISSiOx _ STnFF 1. Has the person/firm ever worked under a contract for this department? YES NO - _ CNII, SERVtCE COMM _ . Has this person/firm ever been a City employee? YES NO _ Cffi COMMITT'EE _ . Does this person/firm possess a skill not normally possessed by any UPPORTS WHICH COUNCII.OBJECTIVE? Current City empioyee? YES NO � xplain all YES answers on a separate sheet and at[ach. . COUNCIL WARD(S): 4 DISTRICT PLANNING COUNCIL 13 , �TIATING PROBLEM, ISSUE, QPPORTIJNTI'Y (Who, What, When, Where, Why): �� Research C�r�tur W/13 expired on April 30,1999. AUG 2 °7 20�1 VAN'I'AGES IF APPROVED: . he community garden plots project will continue. ," �`;�, ISA'ikY�'�'TAGES IF APPROVED: N/A ISADVANTAGES IF NOT APPROVED: he community garden plots project would have to be discontinued. otal Amount of Transacfioo $ �.0� CosURevenue Budgeted YES NO undingSource N�E� AcfivityNumber N�L� � .. inancial [nformation: (Explain) 9 (Pwl3) Revised .........................................7/14/99 Authority (C.F. or A.O.) LEASE NO. � FINANCE DEPT. LEASE NO. PW/13 DATE: July 31. 1999 LESSOR: CITY OF SAINT PAUL DEPARTMENT OF Public Works LESSEE: Snelline/Hamline Communitv Council 1573 Selbv Avenue - 319 Libertv State Bank BuildinP Saint Paul. Minnesota 55104 o�-Z'�.5 CITY OF SAINT PAUL STANDARD LEASE AGREEMENT [1] Leased Premises. The LESSOR, in consideration of the payment of the Basic Rent and Additional Rent hereinafter specified to be paid by the LESSE3� d the covenants and agreements herein contained, does hereby lease, demise and let unto LES� � t e premises hereinafter referred to as the "Leased Premises," consisting of 42 700 uare feet acant land which is legally described as: From the Point of Beginning on th est Line of Block 26, Anna E. Ramsey's addition to the City of Saint Paul tt Southwest Line of Ayd '�4UU.UCI� moie or . (50.00') west of the Road Right-of-Wa intersection of a two hundred se� L27 together thereon; south of the intersection of said West Line with the �d Ri�ht-of-Way; thence southeasterly for four hundred feet ro �h a point on the South Line of said block 26 and fifty feet ;,�on of said South Line with the said Southwest Line of Ayd Mill continuing to the Center Line of unimproved Ashland Avenue; d Center Line for three hundred feet (300.00') more or less to the extension of the said West Line of said Block 26; [hence northerly feet (270.00') more or less to the Point of Be�inning. fixtures in such buildings, improvements and structures, if any, located See Exhibit "A", plan or map of leased area which is incorporated herein by this reference. Term of Lease. This lease shall be in effect for a term commencing and ending on the dates indicated below, unless terminated eazlier by the LESSOR as provided herein. Term (Months/Yeus) five yeazs Commencing Date May 1, 1999 Ending Date 30, 2004 1 o�-�t�s [3] Use of Premises. The LESSEE shall use and occupy the L,eased Premises for the following purpose: Community Gazdens, except that an area estima[ed at, but not limited to 400 squaze feet, in one corner of the Leased Premises may be used for composting, provided that composted material thereby produced shall not be offered for sale, nor shall income otherwise derive from such use of the premises; and also except as qualified in pazagraph [28], and for o other purpose without prior written consent of the LESSOR [4] and for no other purpose without the prior written consent of L,ESSOR. Rent. Rent shall consist of Basic Rent and such Additional 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: (A) Basic Rent Total Basic Rent During Lease Term See Paragraph 27 Schedule (Payment Period — Commencing Date —$ per Period) N/A May 1, 1999 N/A (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 this paragraph or other provisions of this Lease. Additional Rent shall include, but is not limited to, the following fees, costs and expenses: (1) �2) (3) (4) all utilities, including water, electric, gas, telephone, sewage and gazbage collection and disposal; costs for the repairs, improvements or alterations required to be made by the LESSEE in pazagraph 11 of this L,ease; all taxes on realty or personalty, general or special; (4) all public ra[es, dues, charges and assessments, general or special, of any kind upon the Leased Premises; and property insurance premium and/or uninsured losses as set forth in paragraph (7) of this Lease. In the event that LESSEE does not make such payments (or any payments reguired to be paid as Additional Rent), LESSOR may make the payments at its option, and the payments so paid become Additional Rent, and are 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 LESSOR at the following address: The applicable account number for City Finance Accounting Code is: 2 a�-'►�.s [5] Taxes. LFSSEE shall be responsible for and pay all taxes and assessments against the I.eased Premises, except that LESSEE may at its own expense contest and challenge the imposition or amount of any such tax or assessment as prescribed by law; provided, however, that in the event this I,ease is temunated by either party, LESSOR may at its option require the LESSEE to pay such contested taxes pending appeal, to place in escrow a sum sufficient to pay said taxes, or take other action that will remove said contested taYes as an encumbrance to title or as an exception to the transferability of marketable title to the I.eased Premises. [6] Right of Entrv. 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 L.eased Premises during reasonabie business hours or, in the event of an emergency, at any time for any legitimate purpose. [7] Insurance. (A) LESSOR'S Insurance. The LESSOR shall acquire and keep in effec[ during the term of this agreement the following coverages: 1$ shall be purchased by the LESS�R; the LESS a 1 pay, iitional Rent, emium for said insurance and, in vent of a claim, � uctible. Said insurance ame the Cit int Paul as the insured. W �ect to any loss of the LESSOR'S not covered by insurance, it shall responsibility of the LES , within a reaso time, to pay all costs to reF replace the da property with like kind, suc nable time to �rmin t e LESSOR. LESSEE shall be responsible for insura its o (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) COMMERCIAL GENERAL LIABILITY INSURANCE including blanket contractual liability coverage, petsonal injury liability coverage and broad form property damage liability endorsement with a combined single limit of not less than $750,000 per occurrence shall be purchased by the LESSEE. Such insurance shall: (a) name the City of Saint Paul as additional insured; (b) be primary with respect to LESSOR'S insurance or self-insurance; (c) not exclude explosion, collapse and underground property damage; (d) be written on an "Occurrence" Form policy basis; and (e) not contain an "aggregate" policy limit unless specifically approved in writing by LESSOR. (3) AUTOMOBILE LIABILTI'Y INSURANCE with minimum limits of $75Q000 combined single limit and $1,000,000 aggregate, covering hired, non-owned and owned automobiles. �,� (4) imits: a TI'Y INSURANCE with min' imits o at o�-9a5 (5) The LESSEE shali supply to LESSOR cusent insurance certificates for policies required in Paragraph (7). 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 minimums; and it is the sole responsibility of the L,ESSEE to purchase and maintain additional insurance that may be necessary in relation to this lease. (7) Nothing in this contrac[ shall constitute a waiver by the LESSOR of any statutory limits or exceptions on liability. (8) LESSEE shall place 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 pazagraph (7) shall be endorsed to indicate that the insurer cannot cancel or change the insurance without first giving the LESSOR 30 days' written notice. (9) Insurance limits shall be subject to the tort claims liability limits as set forth in chapter 466 of Minnesota Statutes. (C) Waiver of SubroQation. LESSOR waives its right of subrogation for damage to the Building, contents therein, loss of use thereof, and/or loss 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 coilected. The parties shall notify their respective insurance companies, in writing, of the provisions of this pazagraph; and, if either cannot waive its subrogation rights, such party shall immediately notify the other party, in writing. [8] Cancellation or Termination. This lease shall be subject to cancellation and ternvnation 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 da[e when such ternunation 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 LESSEE without interest. [9] Notice. 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 pos[a�e prepaid, and addressed to the LESSEE at the address stated on pa�e (1) and to the LESSOR a[ the Real Estate 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 chan�e notice by personal service. [10] Assi�nment and Sublettine. 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 any agreement to sublease the Leased Premises. � o�.� �.s [ll] Maintenance and Reaairs. LESSEE shall, at its own cost and expense, be responsible for all repairs, maintenance and upkeep of the Leased Premises, including but not limited to emergency repairs of any kind; routine maintenance and repair to keep the Leased Premises in good repair, safe ar.� in compliance with applicable fire, health, buildina and other life-safety codes; and all repairs and maintenance needed to the Leased Premises in good con- dition, including ( � b e 1, 'lA' r /1.\rl. F f /..\rl,ei,e.,r:.. . ,.r;lor;na�..A.. .,A:«:,,..:..,....�«.,..... ° ' .s�' t t_ ,,,, „ , ' . . .....:.... .......:.... ...... � a> �a a � r f��; and (e) all grounds, fences and roads within the Leased Premises. The foregoing obligations shall bind the LESSEE regardless of the cause of the damage or condition necessitating the repair or maintenance. [12] Pavments in Case of Default. LESSEE shall pay LESSOR all costs and expenses, including reasonable attorney'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 covenanfs or agreements contained in this L,ease, or to recover possession of said property, whether such action prob esses to judgment or not. [13] Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner termination of this lease, shall quit peacefully and sunender possession of said property and its appurtenances to LESSOR in as good order and condition as the property was delivered to the LESSEE. [14] IndemnitV. The LESSEE agrees to indemnify, defend, save and hold harniless 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, azising out of or by reason of the Lease of the herein described Leased Premises by the LESSOR to the LESSEE, or the use or condition of the Leased Premises or as a result of the operations or business activities taking place on the Leased Premises. It is fully understood and agreed that LESSEE is awaze of the conditions of the I.eased Premises and leases the same "as is." [15] Holdover. Any holdover after the expira[ion 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. [16] Pollution and Contaminants. LESSEE agrees to comply with all ordinances, laws, rules and regula[ions 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. LESSEE shall bear all costs and expenses azising from compliance with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold harmless LESSOR from all liability, in- cluding 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 chazge the LESSEE as Additional Rent for such costs should the LESSEE fail to comply. o� -qas [17] Controlling Lease. In the event there is any prior existing lease or rental agreement between LESSEE and LESSOR (or its predecessor in interest) covering the subject property, it is a�reed and understood that this Izase shall cancel and ternunate any prior leases or rental agreements as of the effective date of this lease. [18] Destruction. In the event of damage to or destruction of the L,eased Premises or in the event the premises becomes untenantable or unfit for occupancy due to such damaLe during the term of this Lease, LESSOR may at its option: (A) terminate the lease upon fifteen (15) days' written notice to LESSEE; or (B) within fifteen (15) days agree to restore the premises within a reasonable time period following the casualty, chazging the costs in excess of the insurance proceeds, if any, to the LESSEE as Additional Rent; or (C) may direct that LESSEE promptly restore the Leased Premises to substantially the condition existing immediately prior to such damage or destruction, and for that purpose, if such dam- age or destruction was caused by perils insured against the LESSOR shall make available to LESSEE pro-rata, as work progresses, the net proceeds of such insurance. If such proceeds are insufficient to pay the entire cost thereof, LESSEE agrees to pay as Additional Rent, a lump sum payment (or in a form agreed upon by the LESSOR) equal to the remainder of such cost. The Basic Rents 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. (19] Events of Default. The occurrence of any of the following events during the term of this Lease shall constitute an event of default by the LESSEE: (A) the filing of a petition to have LESSEE adjudicated bankrupt or a petition for reorganization or arrangement under any 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 I,eased Premises be assumed by any trustee or other person pursuant to any judicial proceedings; (D) LESSEE makes any assignmen[ for the benefit of creditors; (E) the failure by LESSEE to timely pay Basic Rent or Additional Ren[ as required by this L,ease; (F) 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 L,ease; or (G) the failure by LESSEE or its 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 eazlier. 01-4a5 It is an express covenant and agreement of LESSOR and LESSEE that LESSOR may, at its election, terminate this L.ease in the event of the occurrence of any of the events described in this paragraph or in pazagraph (22) relating to liens by giving not less than ten days' written notice to LESSEE; and when so ternunated, LESSOR may reenter the I,eased Premises. This I,ease and its L.eased 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 reentry, notwithstanding any other provision of this Lease, to exercise such rights and remedies as aze provided in Paragraph (24) of this Lease. [20] Comnliance with Laws. The properiy 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. [21] Non-Discrimination. The LESSEE for himself, his personai 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, mazital status, status with respect to public assistance or national origin or ancestry shall be excluded from participating in, be denied the benefits of or be otherwise subjected to discrimination in the use of said facilities; (B) that in connection with the construction of any improvements on said lands and the furnishing of services thereon, no discrimination shall be practiced in the selection of em- ployees and contractors, by contractors in the selection and retention of first tier subcontract- ors, and by first-tier subcontractors in the selection and retention of second-tier subcon- tractors; (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 eating, sleeping, rest and recreation) constructed or operated on the L.eased 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. [22] Liens. The LESSEE shall not pernut mechanic's liens or other liens to be filed or established or to remain against the Leased Premises for labor, materials or services fumished in connection with any additions, modifications, improvements, repairs, renewals or replacements made to the Leased Premises, or for any other reason; provided that if the LESSEE shall firs[ notify the LESSOR of its intention 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 any such claims or mechanic's or other liens filed or established and in such event may pemut the items contes[ed to remain undischazged and unsatisfied during the period of such contest. If, in the opinion of the LESSOR, the nonpayment of any such items subjects the L,eased Premises to any loss or forfeiture, the LESSOR may require the LESSEE to use the es- crow account to promptly pay all such unpaid items and if LESSEE fails to pay from the escrow account, the LESSOR may pay and chazge the LESSEE as Additional Rent. 7 a �_g,.s [23] Eminent Domain. In the event the entire L.eased Premises are taken by eminent domain, or such portion thereof is so taken that in L.ESSEE'S reasonable judgement it is uneconomic thereafter to restore the L,eased Premises and proceed under the terms and provisions of this I,ease, LESSEE may terminate this Lease by giving to LFSSOR thirty days' written notice of ternunation, effective as of the date on which the condemr.ing authority acquires legal title or physical possession of the Leased Premises. LESSEE hereby waives and releases any claim to or shaze in the Award of Compensation for the taking, notwithstanding any other provision of law, this L.ease or any other a�reement_ LESSEE may to the extent otherwise pernutted in the eminent domain proceeding, remove its own trade fixtures at its own expense. (24] Default Remedies. In the event an Event of Default occurs under pazaa aph (19) of this Lease, LESSOR may exercise any one or more of the following remedies: (A) reenter and take possession of the Premises without temunation of this L,ease, and use its best efforts [o ease the Premises to or enter into an agreement with another person for the account of LESSEE; (B) ternunate 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 I.eased Premises, sell all or any part of the Premises at the best price obtainable (provided such sale is permitted by applic- able 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. (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 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. (G) 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 Lease. 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 entitle 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. D (-9a5 [25] 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 accuiate description shall first be submitted to and approved by the LES SOR and such alterations shall be done by the LESSEE at its own expense. All such work shall be performed under the LESSOR'S supervision and any improvements made to the L.eased Premises at the LFSSEE'S expense shall become the property of the LESSOR at the end of the L.ease period. LESSEE a�rees that all alterations will be done in a workmanlike manner and in conformance with applicabie 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. (26] Amended. Anything herein contained to the contrary not withstanding, this Lease may be temunated, and the provisions of this Lease may be, in writing, amended by mutual consent of the parties hereto. [27] Services Provided in Lieu of Cash Rent. The LESSOR agrees to accept, in lieu of the basic rent that would normally be specified in Paragraph [4] of this agreement, services provided by the LESSEE in the form of gazden plots, as outlined in Exhibit "B", that the LESSEE will make available to residents of the City of Saint Paul. [28] Sewer Easement. To provide access to a sewer line running under the Leased Premises, LESSEE agrees it will not pemut garden plots within an area defined as eighteen feet on either side of a Base Line running from a point on ta southerly extension of the West Line of Block 26 and seventeen feet (17.00') north of the Center Line of unimproved Ashland Avenue; thence easterly and parallel to the said Center Line for ninety seven and eighty five one hundredths feet (97.85'); thence northerly to a point on the Southwest Line of the Ayd Mill Road Right-of-Way and one hundred thirty feet (130.00') southeast of the intersection with the West Line of said Block 26, as highliohted in blue on Exhibit "A". E 0 t -g�.5 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and yeaz in this I.ease first above-written. LESSOR: Mayor City Clerk Director of Technology & Management Services Department Director City Attomey (Form Apprdval) LESSEE: �r • Its Its i�i] � �� - . � � .'� �; • .� �` f: �s;, � :� �`., (I' � � � � Y �� s � I c . � O d � 3 \ �� EXHIBIT "A" to Lease Agreement PW/13 - ( . C95)�: 6 � /a`/S I ° ,�� 5 � � � 9� c �ti � 4 I 3 C33) � C�2) [s�) as < . \\ � -. , e _ _,, ,,�� - � c � �ASHI.AND � I . ,} . �. ` .- .. yc z � ', c � � y � � � � . . I ° y 10 �� 7 � 5 i '�� 2' • �� ,�1� � � til � � ZC � ; ` � �' � `� \ s . i �� ♦ �• � 'C� yv uv i ... 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