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02-255Return copy to: (bn) r�� ;-, 3� � F�, ;� Council FSIe # 0�.• �SS Real Fstate Division . ; { � ; i `� 1°; � 140 City Hall Green Sheet #\�tV �.$� RESOLUTION CITY OF SAINT PAUL, MINNESOTA � . �� <� , Presented By Referted To � � Committee: Date i WHEREAS, the Department of Public Works has negotiated an agreement with Ramsey County to z extend from Mazch 1, 2002 through February 28, 2007, Lease Agreement PW/5, said Lease is for 31 s parking stalls in the Second Sueet Gazage adjacent to the Ramsey County Government Center East 4 building; s 6 � BE IT THEREFORE RESOLVED, that the proper City officials are hereby authorized and directed s to execnte I,ease Agreement PW/5 9 T.M.S./REAL ESTATE DIVI5ION Date: March 4, 2002 Green Sheet N er: 111928 2 ��R�n��o� 4 �ar�,�,�. nfaRPersonandPLoneNomber: � p . n ,�� y a, �� 1 BobNovak 266-8850 � ��E�R ��m+� 3 YOA(OAA�TANf) 5 RealE++eeDrv ust be on Council A enda b: March 20, 2002 OTAL # OF SIGNATORE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQi3FSTID: To approve a two year term for Lease Agreement PW/5, an agreement to lease 31 parldng spaces in the econd Street Gar e to Ramse Coun . Ref: 1. Resolufion for consideration; 2. co of lease eemen� nno�nrraovewoxsa7ecrpo - ERSONALSERVICECONTRACTSMUSTANSWERTAEFOLL044ING: ` P'�ATb'm"� COb°Q°�a" i �,�, . Has the perso�Srm ever worked under a contract for tLis deparlmeut? IES NO rnaszsHCemnmvsviox . Hasthisperson/Fr�neverbeenaCityemployee? YES NO � ��,� . Does this person/Frm possess a slull not mrn�ally possessed by any -- lain all YES answers on a s atate sheet and atfach. UPPORTS WfIICH COUNCIL OBJECTIVE? � COUNCIL WARD(S) 2 � DISTRICT PLANNING COUNCiL � 7 TTATING PROBLEM, 7SSiJE, OPPORTUNiTY (WLq What, Wheu, Where, Why?): < The agreement expired on February 28, 2002 �\ �� � VANTAGES IF APPROVED: \ Ramsey County will continae to rent parldng spaces. The City will receive $29,000 per year on this 5 year agreement ,-- � LSADVANTAGES IF APPROVED: � None. ISADVANTAGES IF NOT APPROVED: The City will not receive the rent. � OTAL AMOUNT OF TRANSACTION: $1Q5�OOO COST/REVENUE BUDGETED (CIRCLE ONE) YES NO ING SOURCE: N�A `� NU ��` N�A INANCIAL INFORMATION: (EXPLAI� � � $t R":;�,P.;.,a �.,:ct�'s` � t`�'. � ; - �::f' t` ,w a�Y" ��&id . (PN'S) Revised 11/8/00 Authority (C.F. or A.O.) LEASE NO. FINANCE DEPT. LEASE NO. PW/5 DATE: November 19. 2001 LESSOR: CITY OF SAINT PAUL DEPARTMENT OF PUBLIC WORKS LESSEE: RAMSEY COUNTY ATTACHMENT # I oa�.•ass CITY OF SATNT PAUL STANDARD LEASE AGREEMENT DIVISION OF PROPERTY MANAGEMENT �✓�"`�'� �� . � `' . 660 Ramsey Countv Government Center West ;,;, , �_,_ � � � � [1] Leased Premises. The LESSOR, in consideration of the payment of the�asic Rent and Additional ��� � Rent hereinafter specified to be paid by the LESSEE, and the ,c"�i`venants and agreements herein contained, does hereby lease, demise and let unto LESSEE the premises hereinafter refened to as the "Leased Premises", consisting of 31 parking spaces in the Second Street Garage (A.K.A. Bridge Yazd) whose address is: 131 East Second Street and which is legally described as: A parking gazage located under surface of Lots 2, 3 and 4, Biock 31, St. Paul Proper. together with any buildings, fixtures in such buildings, improvements and structures, if any, located thereon; See Exhibit "A", plan ar map of Leased 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 ternunated earlier by the LESSOR or LESSEE as provided herein. Term (Months/Yeazs) Commencing Date Ending Date Five Years March 1, 2002 February 28, 2007 [3] Use of Premises. The LESSEE shall use and occupy the Leased Premises for the purpose of Vehicle Parkin�and for no other purpose without the prior written consent of LESSOR. OZ.a�rS (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: Schedule Total Annual Basic Rent (Monthly Payment $27,900.00 $2,325.00 $28,458.00 $2,371.50 — Commencing Date — $ per Space) Mazch 1, 2002 Mazch 1, 2003 $75.00 $'16.50 $29,027.16 $2,418.93 Mazch 1, 2004 $78.03 $29,607.70 $2,46731 Mazch l, 2005 $79.59 $30,199.86 $2,516.65 Mazch 1, 2006 $81.18 LESSEE shail make all payments of Basic Rent and Additional Rent to Public Works Accountine Div..1000 Citv Hall Annex. St. Paul, MN 55102. The applicable account number for City Finance Accounung Code is: 42340-6801. [5] �ht of Entrv. At all times during the term of this lease, the LESSOR shall have the right, by itself, its agents and employees, to enterinto and upon the Leased Premises during 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 LE5SOR and LESSEE shall acquire during the term of this lease the following coverage: (1) COMMERCIAL GENERAL LIABILITY INSURANCE (a) LESSOR is self-insured for commercial general liability, pursuant to State Statute 466. (b) LESSEE is self-insured for commercial general liability, pursuant to State Statute 466. (2) WORKERS' COMPENSATION INSURANCE with not less than statutory minimum limits; and EMPLOYERS' LIABILTTY INSURANCE with minimum limits of at least $100,000 per accident and with an all states endorsement. LESSEE is self funded for such coverage. (a) LESSOR is self funded for such coverage (b) LESSEE is self funded for such coverage 2 oa-ass (3) The limits cited under each insurance requirement above establish minimums; and it is the sole responsibility of the LESSOR and LFSSEE to purchase and maintain additional insurance that may be necessary in relation to this lease. (4) Nothing in this contract shall consutute a waiver by the LFSSOR or LESSEE of any statutory limits or exceptions on liability. [7] Cancellation or Termina6on. This lease shall be subject to canceliation and termination by either party at any time during the term hereof by giving notice in writing to the other party at ninety (90) days, prior to the date when such termination shall become effective. In the event of such termination, and on the effective date of such termination, LESSOR shall retum any uneamed rental paid by the LESSEE without interest. [$] 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 , made in wriung and deposited in the United States Mail, certified and postage prepaid, and addressed to the LESSEE at the address stated on page (1) and to the LESSOR at the Real Estate Division, 140 City Hall, Saint Paul, Minnesota 55102. The address to whieh the notice shall be mailed may be changed by written notice given by either party to the other. Nothing herein sha11 preclude the giving of such address change notice by personal service. [9] Assignment and Subletting. Except for subleases between LESSEE and its employees for vehicular pazking, LESSEE shall not assign or sublet this Lease without the written consent of the L,ESSOR, which consent must be obtained prior to the execution of any agreement to sublease the Izased Premises. [10] Maintenance and Re ap irs• (A) LESSOR'S Responsibilities. LESSOR shall, at its own cost and expense, be responsible for all repairs, maintenance and upkeep of the I.eased Premises, exclusive of LESSEE'S personal property and any improvements installed by or specificatly for the LESSEE, including emergency repairs of any kind and routine maintenance and repair to keep the Leased Premises in good repair and safe 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'5 Responsibilities. LESSEE shall, at its own cost and expense, perform custodial duties to keep the Leased Premises clean and orderly 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] P�ments in Case of Default. LESSEE shall pay LESSOR all costs and expenses, including 3 oa->sr 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 Lease, or to recover possession of said property, whether such action progresses to judgment or not. [12] Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner ternunation of this lease, shall quit peacefully and surrender possession of said property and its appurtenances to LESSOR in as good order and condition as the property was delivered to the LESSEE. [13] Indemnitv. The L.ESSEE 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 LESSEE's performance or failure to perform under the terms of the Lease, or the use by LESSEE of the I.eased Premises under this agreement. It is fuliy understood and agreed that L,ESSEE is aware of the conditions of the I.eased Premises and leases the same "as is." The LESSOR agrees to indemnify, defend, save and hold harmless Ramsey County and any agents, officers and employees thereof from all claims, demands, actions or causes of action of whatsoever nature or chazacter, arising out of or by reason of the use by the LES30R of the remainder of the building in which the Leased Premises are 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 Lease shall be applicable. [15] Pollution and Contaminants. LESSEE and LESSOR agree to comply with all ordinances, laws, rules and regulations enacted by any governmental body or agency relating to the control, abatement or emission of air and water contaminants and the disposal of refuse, solid wastes or liquid wastes. LESSEE shall beaz all its costs and expenses of complying, or arising from failure by LESSEE to comply, with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hoid 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 chazge the LESSEE as Additional Rent for such costs shouid the LESSEE fail to comply. LESSOR shall beaz all its costs and expenses of complying, or arising from failure by I,ESSOR to comply, with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold harmless LESSEE from all liability, including without limitation, fines, forfeitures, and penalties azising from the failure by LESSOR to comply with such ordinances, laws, rules or regulations. [16] Controlling Lease. In the event there is any prior existing lease or rental agreement between L,ESSEE and LESSOR (or its predecessor in interest) covering the subject property, it is agreed and G,�.ZSS understood that this I.ease shall cancel and terminate any prior leases or rental agreements as of the effective date of this lease. [17] 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, in whole or in part, due to such damage during the term of this L.ease, LESSOR may at its option terminate the lease upon fifteen (15) days' written notice to LESSEE. 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 I.eased Premises as determined by the L.ESSOR, times the number of days of loss or impairment. [18] Events of Default. (A) Default by LESSEE. The occurrence of any of the following events during the term of this Lease shall constitute an event of default by the LESSEE: (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 part to be observed or performed as required by this L,ease; or [19] Comnliance 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 properry 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 pubiic 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 connecfion with the construction of any improvements on said lands and the furnishing 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 subcontractors in the selection and retention of second-tier subcontractors; oa �ss (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 I.eased Premises; and (D) that the LESSEE shall use the premises in compliance with all other requirements imposed pursuant to the Saint Paul L,egislative Code Chapter 183. [21] Default Remedies. (A) LESSOR'S Remedies. In the event an Event of Default occurs under pazagraph (19) of this I.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 agreement with another person for the account of LESSEE; (2) temunate this lease, exclude L,ESSEE 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) exclude L.ESSEE from possession of the Premises, with or without terminating this L.ease and operate the Premises itself; (4) 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 ap- plicabie law,) such sale to be on such terms and conditions as the LESSOR, in its sole discretion, shall deternune 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 I.ease. (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 LES5EE is responsible under this I.ease. No remedy herein confened upon or reserved to L,ESSOR 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 L,ease 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 defauit 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 o�-�5S 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. (B) LESSEE'S Remedies. ff the LESSOR should default in the performance of the conditions or covenants of this Lease Agreement, LESSEE, in addition to a11 other remedies now or hereafter afforded or provided by law, may at its election perform such condition or covenant on behalf of LE330R 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 amounts upon demand, LESSEE shall have the right to deduct the same from the next installment or installments of rent to accrue under this Lease. [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 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 I.eased Premises at the LESSEE'S expense shall become the property of the LESSOR at the end of the Lease period. LESSEE agrees that all alterations will be done in a workmanlike manner and in conformance with applicable building codes, that the structural integrity and buiiding 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 availab]e at no cost to the LESSOR for storage of City-owned vehicles. [24J Renewal. Ninety days prior to the conclusion of the term of this L.ease, as shown in Paragraph [2], LESSEE shall have the option of renewing for an additional two yeazs, the rental rate to be determined by negotiation at that time. [25] Amended. Anything herein contained to the contrary not withstanding, this L,ease may be terminated, and the provisions of this I.ease may be, in writing, amended by mutual consent of the parties herein. ( ' o�.-ass IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and yeaz in this L.ease first above-written. °��' LESSOR: e ,,� �� Director oY` Technology and Management Services ; City Attomey (Form Approval) ' LESSEE , . � � . Its Mayor City Clerk . Its Its t `"� E , :1: • .. . -� = -•--- --�-------- � i . ' ; --r i - � � � i . � ��_'' .� ._.. i _• � , � . i �� l � � , 1 { 4 � . � � i 32 � 33 .I 1 i tl i. � 27 La �?3•���� j i I ZG 1 � ' 1- � � � r ( 23 t 25 � � � � I ��� _i-- i � — � `: � t �_9� —{ • � -T 1 � . _�— —{ I � IY Y � I � I � � 2 — � � i ? �: �1 1 � 17 I 13 1� `'J I �i � 1 2 � 13 1 1`k � 15 i�6 � � � � I I � + � I ° �' I � � �; I I �— ` I � ' �� l _ � - ! _ I— _ t � �--- � ---� x . , -�•_ ' I � ; � v .. : :, '. ' �tst_ . � ' ; ' � . y • ' "(r .� 1 — � . 4 i r, ; � • i \\� , �_• . . i' • ..`i � �� ' I� ' � t I, �� i I ij� 1 q�I 9� � � `' � � ir- i i• . , .. .�, (Y.I � '� � t � lee:*�o-5 r_ J f: .n.cS'.t: S icLtAaco � G '' F�� i 0 • � buDLl S �� }�� 1 � � ' � ` , � i _ " Y I � � � Z � � 1 ! i1 4 � � 1 —1 `.� ! J�- Sucvtios.s • I •6�m'C• CF��:.0 ��AR4E � 1 �ROw. i . LOHStRU(.F�oK : � ; —�.__ r.«.., „ _�--- 1 � . 2 . . � ; I � t I i . � —rT� I �. 1 �, � ;- i j_ •� ;' .' tXI11D12 'A" ' • f0 . Lease Agreement P\N/5 PL.�N V/EW g. �'./=iY a m � i 1 i � "E:(H:A:i A'i � oa-� .-= f ;�� [nnxvrr.T . �', >c<.,us „o...« • r —� _, n....m • ...n �e.v ^ I [U�i[S MR , . _� ' ! i� . I! , li � � I� .J; — -- —• � . � �J I i . _ i- .1 J . � .�I 3 ! i � n.....i { L I � •• C 131 SECUhD ST ;t:G iY, 2t:q:!E 7:.1:P PAP.KING •• 1:: l-2C�llLV' __ 1 i : �; . ' • i : ;f , :� i� .; �� !! .; . � .� oa-�S5 This Agreement is duly executed ttus /� day of a� a�, 2002. r7 RAMSEY COUNTY � ; ��' f` /% tJ Paul ' kwol� County Manager �o.�-os/ Approval reco �ded: � � �� Julio Mangine, ector Department o roperty Management CONTRACTOR : Address: Taa�payer Approved as to form and insurance: fl'C�ii > .�t �/� a�� a,i A istant Co ty Attorney Funds are available �° � `� �� � �'F`' � = AccountNumber: 2��- ���o� - 3sao4 - yzzvo i ��G/�P�t ,.0 ��OGY� �'�' ���-' � Budgeting & P�?r � ,� L }' Return copy to: (bn) r�� ;-, 3� � F�, ;� Council FSIe # 0�.• �SS Real Fstate Division . ; { � ; i `� 1°; � 140 City Hall Green Sheet #\�tV �.$� RESOLUTION CITY OF SAINT PAUL, MINNESOTA � . �� <� , Presented By Referted To � � Committee: Date i WHEREAS, the Department of Public Works has negotiated an agreement with Ramsey County to z extend from Mazch 1, 2002 through February 28, 2007, Lease Agreement PW/5, said Lease is for 31 s parking stalls in the Second Sueet Gazage adjacent to the Ramsey County Government Center East 4 building; s 6 � BE IT THEREFORE RESOLVED, that the proper City officials are hereby authorized and directed s to execnte I,ease Agreement PW/5 9 T.M.S./REAL ESTATE DIVI5ION Date: March 4, 2002 Green Sheet N er: 111928 2 ��R�n��o� 4 �ar�,�,�. nfaRPersonandPLoneNomber: � p . n ,�� y a, �� 1 BobNovak 266-8850 � ��E�R ��m+� 3 YOA(OAA�TANf) 5 RealE++eeDrv ust be on Council A enda b: March 20, 2002 OTAL # OF SIGNATORE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQi3FSTID: To approve a two year term for Lease Agreement PW/5, an agreement to lease 31 parldng spaces in the econd Street Gar e to Ramse Coun . Ref: 1. Resolufion for consideration; 2. co of lease eemen� nno�nrraovewoxsa7ecrpo - ERSONALSERVICECONTRACTSMUSTANSWERTAEFOLL044ING: ` P'�ATb'm"� COb°Q°�a" i �,�, . Has the perso�Srm ever worked under a contract for tLis deparlmeut? IES NO rnaszsHCemnmvsviox . Hasthisperson/Fr�neverbeenaCityemployee? YES NO � ��,� . Does this person/Frm possess a slull not mrn�ally possessed by any -- lain all YES answers on a s atate sheet and atfach. UPPORTS WfIICH COUNCIL OBJECTIVE? � COUNCIL WARD(S) 2 � DISTRICT PLANNING COUNCiL � 7 TTATING PROBLEM, 7SSiJE, OPPORTUNiTY (WLq What, Wheu, Where, Why?): < The agreement expired on February 28, 2002 �\ �� � VANTAGES IF APPROVED: \ Ramsey County will continae to rent parldng spaces. The City will receive $29,000 per year on this 5 year agreement ,-- � LSADVANTAGES IF APPROVED: � None. ISADVANTAGES IF NOT APPROVED: The City will not receive the rent. � OTAL AMOUNT OF TRANSACTION: $1Q5�OOO COST/REVENUE BUDGETED (CIRCLE ONE) YES NO ING SOURCE: N�A `� NU ��` N�A INANCIAL INFORMATION: (EXPLAI� � � $t R":;�,P.;.,a �.,:ct�'s` � t`�'. � ; - �::f' t` ,w a�Y" ��&id . (PN'S) Revised 11/8/00 Authority (C.F. or A.O.) LEASE NO. FINANCE DEPT. LEASE NO. PW/5 DATE: November 19. 2001 LESSOR: CITY OF SAINT PAUL DEPARTMENT OF PUBLIC WORKS LESSEE: RAMSEY COUNTY ATTACHMENT # I oa�.•ass CITY OF SATNT PAUL STANDARD LEASE AGREEMENT DIVISION OF PROPERTY MANAGEMENT �✓�"`�'� �� . � `' . 660 Ramsey Countv Government Center West ;,;, , �_,_ � � � � [1] Leased Premises. The LESSOR, in consideration of the payment of the�asic Rent and Additional ��� � Rent hereinafter specified to be paid by the LESSEE, and the ,c"�i`venants and agreements herein contained, does hereby lease, demise and let unto LESSEE the premises hereinafter refened to as the "Leased Premises", consisting of 31 parking spaces in the Second Street Garage (A.K.A. Bridge Yazd) whose address is: 131 East Second Street and which is legally described as: A parking gazage located under surface of Lots 2, 3 and 4, Biock 31, St. Paul Proper. together with any buildings, fixtures in such buildings, improvements and structures, if any, located thereon; See Exhibit "A", plan ar map of Leased 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 ternunated earlier by the LESSOR or LESSEE as provided herein. Term (Months/Yeazs) Commencing Date Ending Date Five Years March 1, 2002 February 28, 2007 [3] Use of Premises. The LESSEE shall use and occupy the Leased Premises for the purpose of Vehicle Parkin�and for no other purpose without the prior written consent of LESSOR. OZ.a�rS (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: Schedule Total Annual Basic Rent (Monthly Payment $27,900.00 $2,325.00 $28,458.00 $2,371.50 — Commencing Date — $ per Space) Mazch 1, 2002 Mazch 1, 2003 $75.00 $'16.50 $29,027.16 $2,418.93 Mazch 1, 2004 $78.03 $29,607.70 $2,46731 Mazch l, 2005 $79.59 $30,199.86 $2,516.65 Mazch 1, 2006 $81.18 LESSEE shail make all payments of Basic Rent and Additional Rent to Public Works Accountine Div..1000 Citv Hall Annex. St. Paul, MN 55102. The applicable account number for City Finance Accounung Code is: 42340-6801. [5] �ht of Entrv. At all times during the term of this lease, the LESSOR shall have the right, by itself, its agents and employees, to enterinto and upon the Leased Premises during 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 LE5SOR and LESSEE shall acquire during the term of this lease the following coverage: (1) COMMERCIAL GENERAL LIABILITY INSURANCE (a) LESSOR is self-insured for commercial general liability, pursuant to State Statute 466. (b) LESSEE is self-insured for commercial general liability, pursuant to State Statute 466. (2) WORKERS' COMPENSATION INSURANCE with not less than statutory minimum limits; and EMPLOYERS' LIABILTTY INSURANCE with minimum limits of at least $100,000 per accident and with an all states endorsement. LESSEE is self funded for such coverage. (a) LESSOR is self funded for such coverage (b) LESSEE is self funded for such coverage 2 oa-ass (3) The limits cited under each insurance requirement above establish minimums; and it is the sole responsibility of the LESSOR and LFSSEE to purchase and maintain additional insurance that may be necessary in relation to this lease. (4) Nothing in this contract shall consutute a waiver by the LFSSOR or LESSEE of any statutory limits or exceptions on liability. [7] Cancellation or Termina6on. This lease shall be subject to canceliation and termination by either party at any time during the term hereof by giving notice in writing to the other party at ninety (90) days, prior to the date when such termination shall become effective. In the event of such termination, and on the effective date of such termination, LESSOR shall retum any uneamed rental paid by the LESSEE without interest. [$] 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 , made in wriung and deposited in the United States Mail, certified and postage prepaid, and addressed to the LESSEE at the address stated on page (1) and to the LESSOR at the Real Estate Division, 140 City Hall, Saint Paul, Minnesota 55102. The address to whieh the notice shall be mailed may be changed by written notice given by either party to the other. Nothing herein sha11 preclude the giving of such address change notice by personal service. [9] Assignment and Subletting. Except for subleases between LESSEE and its employees for vehicular pazking, LESSEE shall not assign or sublet this Lease without the written consent of the L,ESSOR, which consent must be obtained prior to the execution of any agreement to sublease the Izased Premises. [10] Maintenance and Re ap irs• (A) LESSOR'S Responsibilities. LESSOR shall, at its own cost and expense, be responsible for all repairs, maintenance and upkeep of the I.eased Premises, exclusive of LESSEE'S personal property and any improvements installed by or specificatly for the LESSEE, including emergency repairs of any kind and routine maintenance and repair to keep the Leased Premises in good repair and safe 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'5 Responsibilities. LESSEE shall, at its own cost and expense, perform custodial duties to keep the Leased Premises clean and orderly 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] P�ments in Case of Default. LESSEE shall pay LESSOR all costs and expenses, including 3 oa->sr 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 Lease, or to recover possession of said property, whether such action progresses to judgment or not. [12] Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner ternunation of this lease, shall quit peacefully and surrender possession of said property and its appurtenances to LESSOR in as good order and condition as the property was delivered to the LESSEE. [13] Indemnitv. The L.ESSEE 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 LESSEE's performance or failure to perform under the terms of the Lease, or the use by LESSEE of the I.eased Premises under this agreement. It is fuliy understood and agreed that L,ESSEE is aware of the conditions of the I.eased Premises and leases the same "as is." The LESSOR agrees to indemnify, defend, save and hold harmless Ramsey County and any agents, officers and employees thereof from all claims, demands, actions or causes of action of whatsoever nature or chazacter, arising out of or by reason of the use by the LES30R of the remainder of the building in which the Leased Premises are 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 Lease shall be applicable. [15] Pollution and Contaminants. LESSEE and LESSOR agree to comply with all ordinances, laws, rules and regulations enacted by any governmental body or agency relating to the control, abatement or emission of air and water contaminants and the disposal of refuse, solid wastes or liquid wastes. LESSEE shall beaz all its costs and expenses of complying, or arising from failure by LESSEE to comply, with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hoid 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 chazge the LESSEE as Additional Rent for such costs shouid the LESSEE fail to comply. LESSOR shall beaz all its costs and expenses of complying, or arising from failure by I,ESSOR to comply, with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold harmless LESSEE from all liability, including without limitation, fines, forfeitures, and penalties azising from the failure by LESSOR to comply with such ordinances, laws, rules or regulations. [16] Controlling Lease. In the event there is any prior existing lease or rental agreement between L,ESSEE and LESSOR (or its predecessor in interest) covering the subject property, it is agreed and G,�.ZSS understood that this I.ease shall cancel and terminate any prior leases or rental agreements as of the effective date of this lease. [17] 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, in whole or in part, due to such damage during the term of this L.ease, LESSOR may at its option terminate the lease upon fifteen (15) days' written notice to LESSEE. 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 I.eased Premises as determined by the L.ESSOR, times the number of days of loss or impairment. [18] Events of Default. (A) Default by LESSEE. The occurrence of any of the following events during the term of this Lease shall constitute an event of default by the LESSEE: (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 part to be observed or performed as required by this L,ease; or [19] Comnliance 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 properry 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 pubiic 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 connecfion with the construction of any improvements on said lands and the furnishing 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 subcontractors in the selection and retention of second-tier subcontractors; oa �ss (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 I.eased Premises; and (D) that the LESSEE shall use the premises in compliance with all other requirements imposed pursuant to the Saint Paul L,egislative Code Chapter 183. [21] Default Remedies. (A) LESSOR'S Remedies. In the event an Event of Default occurs under pazagraph (19) of this I.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 agreement with another person for the account of LESSEE; (2) temunate this lease, exclude L,ESSEE 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) exclude L.ESSEE from possession of the Premises, with or without terminating this L.ease and operate the Premises itself; (4) 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 ap- plicabie law,) such sale to be on such terms and conditions as the LESSOR, in its sole discretion, shall deternune 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 I.ease. (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 LES5EE is responsible under this I.ease. No remedy herein confened upon or reserved to L,ESSOR 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 L,ease 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 defauit 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 o�-�5S 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. (B) LESSEE'S Remedies. ff the LESSOR should default in the performance of the conditions or covenants of this Lease Agreement, LESSEE, in addition to a11 other remedies now or hereafter afforded or provided by law, may at its election perform such condition or covenant on behalf of LE330R 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 amounts upon demand, LESSEE shall have the right to deduct the same from the next installment or installments of rent to accrue under this Lease. [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 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 I.eased Premises at the LESSEE'S expense shall become the property of the LESSOR at the end of the Lease period. LESSEE agrees that all alterations will be done in a workmanlike manner and in conformance with applicable building codes, that the structural integrity and buiiding 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 availab]e at no cost to the LESSOR for storage of City-owned vehicles. [24J Renewal. Ninety days prior to the conclusion of the term of this L.ease, as shown in Paragraph [2], LESSEE shall have the option of renewing for an additional two yeazs, the rental rate to be determined by negotiation at that time. [25] Amended. Anything herein contained to the contrary not withstanding, this L,ease may be terminated, and the provisions of this I.ease may be, in writing, amended by mutual consent of the parties herein. ( ' o�.-ass IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and yeaz in this L.ease first above-written. °��' LESSOR: e ,,� �� Director oY` Technology and Management Services ; City Attomey (Form Approval) ' LESSEE , . � � . Its Mayor City Clerk . Its Its t `"� E , :1: • .. . -� = -•--- --�-------- � i . ' ; --r i - � � � i . � ��_'' .� ._.. i _• � , � . i �� l � � , 1 { 4 � . � � i 32 � 33 .I 1 i tl i. � 27 La �?3•���� j i I ZG 1 � ' 1- � � � r ( 23 t 25 � � � � I ��� _i-- i � — � `: � t �_9� —{ • � -T 1 � . _�— —{ I � IY Y � I � I � � 2 — � � i ? �: �1 1 � 17 I 13 1� `'J I �i � 1 2 � 13 1 1`k � 15 i�6 � � � � I I � + � I ° �' I � � �; I I �— ` I � ' �� l _ � - ! _ I— _ t � �--- � ---� x . , -�•_ ' I � ; � v .. : :, '. ' �tst_ . � ' ; ' � . y • ' "(r .� 1 — � . 4 i r, ; � • i \\� , �_• . . i' • ..`i � �� ' I� ' � t I, �� i I ij� 1 q�I 9� � � `' � � ir- i i• . , .. .�, (Y.I � '� � t � lee:*�o-5 r_ J f: .n.cS'.t: S icLtAaco � G '' F�� i 0 • � buDLl S �� }�� 1 � � ' � ` , � i _ " Y I � � � Z � � 1 ! i1 4 � � 1 —1 `.� ! J�- Sucvtios.s • I •6�m'C• CF��:.0 ��AR4E � 1 �ROw. i . LOHStRU(.F�oK : � ; —�.__ r.«.., „ _�--- 1 � . 2 . . � ; I � t I i . � —rT� I �. 1 �, � ;- i j_ •� ;' .' tXI11D12 'A" ' • f0 . Lease Agreement P\N/5 PL.�N V/EW g. �'./=iY a m � i 1 i � "E:(H:A:i A'i � oa-� .-= f ;�� [nnxvrr.T . �', >c<.,us „o...« • r —� _, n....m • ...n �e.v ^ I [U�i[S MR , . _� ' ! i� . I! , li � � I� .J; — -- —• � . � �J I i . _ i- .1 J . � .�I 3 ! i � n.....i { L I � •• C 131 SECUhD ST ;t:G iY, 2t:q:!E 7:.1:P PAP.KING •• 1:: l-2C�llLV' __ 1 i : �; . ' • i : ;f , :� i� .; �� !! .; . � .� oa-�S5 This Agreement is duly executed ttus /� day of a� a�, 2002. r7 RAMSEY COUNTY � ; ��' f` /% tJ Paul ' kwol� County Manager �o.�-os/ Approval reco �ded: � � �� Julio Mangine, ector Department o roperty Management CONTRACTOR : Address: Taa�payer Approved as to form and insurance: fl'C�ii > .�t �/� a�� a,i A istant Co ty Attorney Funds are available �° � `� �� � �'F`' � = AccountNumber: 2��- ���o� - 3sao4 - yzzvo i ��G/�P�t ,.0 ��OGY� �'�' ���-' � Budgeting & P�?r � ,� L }'