02-811Retum copy to:
Real Estate Division
140 City Hall
CouncilFile# p�,„Q�O
Green Sheet # 1��9 � L1
RESOLUTION
�NT PAUL, M{N�IE�SOTA
Presented By
Refened To
Committee: Date
a`
t BE IT RESOLVED, that the proper City officials are hereby authorized and directed to execute a two year
z extension of Lease Agreement PD/14 with the Amherst H. Wilder Foundation for the West Team Police Sub-
3 Station.
T.M.S./REAL ESTATE I?IVISION Date: August 19, 2002 Green Sheet Number: 111974
ContactPersonandPhoneNnmber: 2 DEPAATMENTDIRECTOH 4 CTfYCOUSVCII, O��b�t
( !
Dave Ne1soII � 266-8850 1 C1T'YATLORNEY ,/��� crrrci,Eiuc
f�
"' °FPB° " BUDGET DIItECTOR OFFICE OF FINANCIAL SVCS.
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Must be on Couucil Ageoda by: 3 MpyOR (OR ASSISTANT) 5 RF.AL ESTATE DIVISION
TOTAL # OF SIGNATURE PAGES 1�ci,s,u,r, i,ocaTTOxs Fox sicxnivxe>
ACITON REQUESTED:
To authorize the proper City officials to eaecute a two year extension of Lease Agreement PD/14
with the Wilder Foundation for the West Side Police Sub-Station. Ref: 1. Resolution; 2. Copy
of Lease Agreement.
�co��nnons:nrersovecn�onxe�rr� PERSONAL SERVICE CONTRACTS M[JST ANSWER'1'HE FOLLOWING:
i. Has the person/firm ever worked under a contract for this department? YES NO
ru.m,mccorrnosszoN A stnee
2. Has this persoNfirm ever been a Cily employee? YES NO
CIYR. SERYICE COh4NISS[ON
3. Daes this person/firm possess a sktll not normally possessed by any YES NO
current Ciry employee?
cm coamarree
Ex lain al! YFS answers oo a se arate sheet and attach.
SUPPORTS WffiCH COUNCIL OBJECTNE?
COUNCIL 2 DISTRICTPLANNINGCOUNCIL 3
ARD S)
INTTIATING PROBLEM, ISSUE, OPPORTI7NI1'Y (Who, Whay When, Where, Why?):
Lease Agreement PDl14 Expired on June 30, 2002.
ADVANTAGES IF APPROVED: � � � � �
The Police will have a renewed lease on the sub-station.
G 2 �} 2002
DISADVANTAGES IF APPROVED:
None ���� �������
DISADVANI'AGES IF NOT APPROVED:
The lease would continue on a month-to-month basis. ����`� ����
,
TOTALAMOTINTOFTRANSACTION: $1.00 COST/REVENUE E( 'EONE) YES NO
Fimn�c souacE: N/A rcrrvriy NvmsEx: N/A
FINANCIAL INFORMATION: (ECPLAIN) � _
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LEASE AGI�EEMENT
BETWEEN
AMHERST H. WILAER FOUNDATION
AND
SAINT PAITL WEST SIDE POLICE SUB-STATION
THIS AGREEMENT (hereinafter the "Lease") is made and entered into this Ist day of
July, 2002, by and between City of Saint Paul, a body corporate and politic, acting through its
Police Department (hereinafter referred to as "the LESSEE") and Amherst H. Wilder
Foundation, a Minnesota non-profit corporation (hereinafter referred to as "the LESSOR").
WITNESSETH:
1. PREMISES.
The LESSOR, in consideration of the rexsts and covenants herein contained, hereby leases
unto the LESSEE 700 square feet of rentable office space on the lower level of the building
located at 516 Humboldt Avenue, Saint Paul, Minnesota 55107 (the `BUILDING"), as more
particulazly described upon the diagram attached hereto, mazked exhibit "A" and made a part
hereof by reference (hereina$er called "Leased Premises"). In addition, the LESSOR grants
LESSEE a non-exclusive license to use on an"as available" basis in hallways, bathrooms and
meeting spaces on the lower IeveT'of the Building depicted on the attached Eachibit A during the
term of this Lease.
2. TERM.
The LESSEE shall have and hold the Lea'sed Premises together with all rights, privileges
and appurtenances thereunto for a terrn of two (2) years, commencing July 1, 2002 (the
"Commencement Date") and ending on June 30, 2004 (the "Termination Date"), unless earlier
temunated in accordance with the terms contained in Section 15. Not withstanding contained
herein to the contrary, either the LESSOR or the LESSEE may terminate this Lease with or
without cause by giving the other party sixty (60) days prior written notice of such party's
intention to ternrinate the Lease.
3. IISE OF PREMISES.
It is agreed that the Leased Premises shall be used by the LESSEE for general office
purposes, and for no other purpose not approved in writing in advance by the LESSOR; subject
to all law and regulations regarding the use of the Leased Premises imposed by local, state, or
other governmental agencies. The I.eased Premises shall be utilized by the LESSEE as a
neighborhood police assignmern substatio� in no event shall the Leased Premises be utilized by
the LESSEE as a jail or detention facility for apprehended individuals.
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4. RENT.
LESSEE st�all pay to LESSOR the sum of One and 00/100 Dollars ($1.00) payable on the
Commencement Date.
5. LESSOR'S MAINTENANCE AND REPAIR RESPONSIBILITIES.
LESSOR shall, at all times and at its own expense, maintain and keep the Building,
including the outer walls, roo� floor, foundation, interior support columns, heating systems, air
conditioning system, electrical system, plumbing systems, exterior windows, common areas,
lawn azeas and pazking lot in good order and repair and in compliance with all applicable
building codes. As used herein, the term maintenance shall include the removal of snow from
the parking lot and sidewalks. The LESSEE shall be responsible for the cost of any repairs that
are caused by the fault or negligence of the LESSEE, its employees, or invitees to the extent the
damage which LESSEE caused is not covered by LESSOR's casualty insurance. The LESSEE
shall promptly notify LESSOR of the necessity for repair to the systems serving the Leased
Pzemises.
6. LESSEE'S MAINTENANCE AND REPAIR RESPONSIBILITES.
The LESSEE agrees not to leave or store any l�azardous or eaplosive materials on the
grounds or parking azeas and not to litter the graunds and pazking areas. The LESSEE agrees to
move or remove its personal property or fiYtures from the Leased Premises whenever such
moving or zemoval is necessary to allow LESSOR's repair or the Building, provided that the
LESSOR shall provide LESSEE with reasonable notice thereof.
The LESSEE shall be wholly responsible for the maintenance and repair of the interior of
the Leased Premises, except for heating, electrical, air conditioning and plumbing systems
located within the Leased Premises and except for any structural elements or load bearing walls
located within the Leased Premises and will keep them in as good condition as when tumed over
to it, reasonable weaz and tear and damage by fire or other casuaky loss excepted. The LESSEE
agrees to keep the Leased Premises in an orderly, clean and sanitary condition, will neither do
nor permit to be done therein anything which is in violation of the terms of insurance policies on
said building; provided LESSOR has provided LESSEE within written notice of the applicable
provisions of said insurance policies, will neither do nor pernut to be done on the Leased
Premises anything in violation of laws or ordinauces applicable thereto, will neither commit nor
suffer waste to the Leased Premises, and will pay for all glass which LESSEE ar its invitees
break, in the windows or doors severing the Leased Premises, unless such breakage is covered by
any insurance policy LESSOR maintains.
SIGNAGE.
LESSEE shall be permitted to erect a sign on the ea�terior of the building indicating the
location of the Leased Premises as a neighborhood police substation. The LESSEE shall not
erect or display any other signage without the prior written consent of the LES50R, which
consent shall not be unreasonably delayed or withheId.
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8. PARKING AND DRIVES.
The LESSEE, its employees, and invitees shall have the nonexclusive right to use the
common driveways and pazking lots wluch serve the Leased Premises along with the other
tenants and customers of the Leased Premises. The LESSEE agrees not to use or pernut the use
by its employees or invitees of said pazking areas for the long-term storage of automobiles or
othez vehicles.
9. UTILITIES.
LESSOR shall pay for all electricity, natural gas and water and sewage services provided
to the Leased Premises and for the cost of electricity and/or natural gas to operate the heating and
air conditioning system serving the Leased Premises. LESSEE shall pay for LESSEE's
telephone service. LESSOR shall provide trash removal and pest control services to the Leased
Premises.
10. INSURANCE.
(a) LESSEE agrees to indemnify and hold harmless the LE5SOR, or those claiming
through or under LESSEE, for injury, death or property damage occurring in, on or about the
Leased Premises. LESSEE shall indemnify LESSOR and hold it l�armless from any claim or
damage azising out of any injury, death or properly damage occurring in, on or about the Leased
Premises to a LESSEE or an employee, customer or invitee of LESSEE, unless such claim or
damage is caused solely by the negligence of the LESSOIL, its employees, invitees, licensees or
agents. Without limiting LESSEE'S liability, LESSEE agrees, at lts own cost and expense, to
carry a total combined liabiliry policy protecting LESSOR and LESSEE, with single limit
coverage in the amount of One Million Dollars ($1,000,000) applying to liability for bodily
injury, personal injury and properiy damage and an umbrella policy of at least Five Million
($5,000,000), applying to the same liabilities. All policies of insurance should name both
LESSEE and LESSOR as insureds and shall protect the interests of the LESSOR. This
Certificates of Insurance shall provide for not less than thirty (30) days' notice to LESSOR prior
to cancellation or amendment and the Certificate of Insurance shall be provided to the LESSOR
prior to LESSEE taking possession of Leased Premises.
(b) LESSEE shall hold LESSOR harmless and indemnify LESSOR from and against
all bodily inyury, loss, claims or damage to any person or pmperry whole on or about the
common access azeas of the Building, the pazking azeas, and any approaches to the Buiiding
(unless caused by the act, negligence or default of LESSOR, or LESSOR'S employees, invitees,
agents or licensees) and from and against all loss, injury, claim or dau�age to any person or
property anywhere, including the Building occasioned by the act, negligence or default of
LESSEE, or LESSEE'S failure to perform and observe LESSEE'S obligations under the tenns of
the lease.
(c) LESSOR sha11 hold LESSEE harmless and indemnify LESSEE from and against all
bodily injury, loss, claims or damage to any person or property whole on or about the common
access areas of the Building, the parking areas, and any approaches to the Building (unless
caused by the act, negligence or default of LESSEE, or LESSEE'S employees, invitees, agents or
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licensees) and from and against all loss, injury, claim or damage to any person or property
anywhere, including the Leased Premises occasioned by the act, negligence or default of
LESSOR, or LESSOR'S failwe to perform and observe LESSOR'S obligations under the terms
ofthe lease.
11. WAIVER OR CLAIMS.
LESSOR hereby waives and releases all claims, liabilities and causes of action against
LESSEE, its officers, employees and agents for loss or damage to or destruction of the Building
or any related improvements resulting from fire, explosion or other perils included in a standard
"aIl risk" casualty insurance policy, whether caused by negligence of any said persons or
otherwise, and, LESSEE hereby waives and releases all claims, liabilities and causes of action
against LES50R, its directors, officers, employees and agents for loss or dunage to or
destruction of any of the unprovements, fi�ures or personal properiy, whether that of LESSEE
or others, for the Leased Premises resulting from fire, eatplosion or other perils included within a
standard "all risk" casuaky insurance policy, whether caused by the negligence of said persons or
otherwise.
12. DAMAGE OR DESTRUCTION
In the event of damage to the Leased Premises by fire, the elements, or other casualty,
LESSOR shall repair the damage with reasonable dispatch, unless any mortgagee, who from
time to time might have an encumbrance on the Leased Premise, shall require that the fire
insurance proceeds be used to reduce the indebtedness on the Leased Premises. If the damage
cannot be repaired or is not repaired within a reasonable period of time from the date of
destruction or damage then the LESSOR, shall terminate this Lease by giving written notice of
such ternunation to the LESSEE.
13. CONDEMNATION LOSS.
Should all the Leased Premises be taken in condemnazion proceedings or by exercise of
any right or eminent domain, then this Lease shall automatically terminate as of the date the
condemuing authority or the authority exercising its right of eminent domain takes possession of
the Leases Premises. If there is a partial taking but the LESSEE continues to occupy the Leased
Premises in part, the Lease shall be reduced in the proportion that the unoccupied part of the
Leased Premises bears to the entire Leased Premises. If, as a result of partial taking, the Leased
Premises are no longer usable for the purposes spec�ed in Paragraph 3 of this Lease, then, in
any such case, the LESSOR may ternunate this Lease as of the date the condemning authority or
the authority exercising its right of eminent domain takes possession of the property by giving
written notice thereof to the LESSEE. LESSEE shall have no claim against LESSOR nor the
condemning authority for the value of any unexpired term of this Lease.
14. ASSIGNMENT
T'he LESSEE will not assign this Lease, and will not sublet any part of the Leased
Premises, without the consent in writing of the LESSOR. Any such assignment or subletting
wili not release the LESSEE from its responsibilities under this Lease, unless eapressly agreed to
by the LESSOR.
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15. TERMINATION.
(a) Breach by Lessee.
If LESSEE shall vacate or abandon the Leased Premises or shall defau]t in the
performance of any of its covenants herein and said default shall not be removed wittvn 10 days
after notice thereof in writing from the LESSOR, the LESSOR is hereby authorized to:
commence an unlawfiil detainer action in Ramsey County District Court to recover full
possession of the Leased Premises; terminate this I.ease at its option; lease the Leased Premises
as it shall see fit; and remove from said premises all personal property of the LESSEE, pursuarn
to the provisions of Mnm. Statute § 566. No such act or acts of the LESSOR shall deternvne
that an action or proceeding at law or otherwise is necessary to enforce the terms and conditions
hereo� the LESSEE agrees that necessary costs, reasonable attorney's fees and disbursements
thereof may be allowed and tased against the LESSEE as permitted by law along with interest on
all unpaid rent in the amount of 12% per annum or the maximum amount allowed by law,
whichever is less.
(b) Breach b�r Lessor.
If LESSOR shall default in the performance of any of its covenants herein and said
default shall not be cured within thirty days after notices thereof in writing from the LESSEE, or
if any of the LESSOR's representation set forth herein aze false when made, the LESSEE may:
(i) ternvnate this Lease by written notice to LESSOR, or
(ii) pursue any other remedy available to LESSEE at law ot in equity.
(c) Unilateral Ternunation.
Notwithstanding anything contained herein to the contrary, either the LESSOR or the
LBSSEE may terminate this Lease with or without cause by giving the other party sixty (60)
days priar written notice of such party's intention to ternrinate the Lease.
16. ALTERATIONS.
The LESSEE shall not make any alterations to the Leased Premises without the written
Consent of the LESSOR, such consent not to be unreasonably withheld or delayed. ff the
LESSEE shall desire to make any such alterations, an accutate description shall first be
submitted to and approved by the LESSOR and shall be done by the LESSEE at its own expense.
LESSEE agrees that all such work shall be done in a good, worlanan-like manner and in
conformance with applicable building codes, that the structural integrity of the building shall not
be impaired, and that no liens shall attach to the premises by reason thereof. LESSEE shatl pay
in a timely fashion for any labor or materials used in making such alterations, shali indemnify
and hold LESSOR harmless from any claims therefor, and shall protect and defend the Leased
Premises from mechanids liens for labor performed or materials provided in making such
alterations. IInless the LBSSOR shall elect at any time that all or any part of such alterations
shall remain, the Leased Premises shall be restored to its original condition (except as to any part
of said alterations which the LESSOR shall elect to remain) by the LESSEE before the
expiration of the Leases at LESSEE's own e�ense. Any such alteration shall become the
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property of the LESSOR as soon as they are affixed to the premises and all right, title and
interest therein of the LESSEE shall immediately cease unless otherwise stated in writing.
17. ENTRY.
The LESSEE shall have the right to keep pass keys to the I,eased Premises. The
LESSEE agrees tY�at na additional locks will be placed on any of the LESSEE's doors without
the written consent of the LESSOR The LESSOR, its agents, and its employees shail have the
right to enter the Leased Preznises at all reasonable times and upon reasonable notice to LESSEE
to inspect them, to make repairs, and to maintain the Building.
18. 5UBORDINATION.
It is mutually agreed that LESSEE shall subordinate its rights under this Lease to any and
all mortgages or other security interest, including any renewals, modifications, consolidations,
replacements and extensions thereof which LESSOR hereinafter creates provided that the
mortgagee or secured party provides LESSEE with a non-disturbance agreement which
acknowledges. LESSEE's right to quiet possession shall not be disturbed if LESSEE is not in
default and so long as the LESSEE shall pay the Rent and observe and perform all of the
provisions ofthe Lease unless this Lease is otherwise tenniixated pursuant to its terms.
19. RULES AND REGULATIONS.
The LESSOR may, from time to time, adopt Rules and Regulations for the safety, benefit
and convenience of all tenants and other persons in the Building. LESSEE shall at all times
comply with, and cause its employees, agents, licensees and invitees to comply with the Rules
and Regulations. LESSOR shall use reasonabie efforts to secure compliance by a11 tenants and
other persons with the Rules and Regulations, but shall not be responsible to LESSBE for failure
of any person to comply with such Rules and Regulations.
20. NOTICES.
All notices, consents, demands, and requests which may be or aze required to be given by
either party to the other, shall be in writing, and sent by United States registered or certified mail,
with return receipt requested, address as follow:
TO THE LESSEE:
St. Paul Police Department
Central DistricY
100 East 11�' Street
St. Paul, MN 55101
Attention: Colleen Luna
TO THE LESSOR:
Amherst H. Wilder Foundation
516 Humboldt Avenue
St. Paul, MN 55107
Attention: Housing Administrator
The date that said registered or certified mail is mailed shall be conclusively deemed to
be the date on which a notice, consent, demand or request is given or made. The above address
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of a party may be changed at any time or from time to tune by notice given by said pariy to the
other party in the manner hereinabove provided.
21. ASSUMPTION.
The LESSOR may assign its right, title, and interest in this Lease to a third party, and
upon said third party's assumption of LES50R'S future obligations under the Lease all the
LESSEE'S future obligations under this Lease shali terminate. This Lease and all the covenants,
terms, provisions and conditions herein contained shall insure to the benefit, and be binding upon
the LESSOR and the LESSEE, their respective successors and assigns.
22. MISCELLANEOUS PROVISIONS.
Whenever the singular number as used in this Lease and when required by the contea�t, the
same shall include the plaral, and the masculine gender shall include the feminine and neuter
genders, and word "person" shall include corporation, firm or association. If there be more than
one LESSEE, the obligations imposecl upon the LESSEES undez this Lease shall be joint and
several.
The headings or titles to pazagraphs of this Lease aze not a part of this Lease and shall
have no effect upon the construction or interpretation of any part of this Lease.
This instrument contains all of the agreements and conditions made between the parties
to this Lease and may not be modified oraliy or in any other manner than by agreement in
writing signed by all parties to this Lease.
Neither LBSSOR or LESSEE shall record this Lease, but, at the request of either parry,
the parties shall execute and record a memorandum ofthis Lease.
pyifll
IN WITNESS WfiEREOF, the parties hereto have set their hands and seals the day and year in this Lease
first above-written.
Mayor
City Clerk
Director of Technology and Management Services
Chief of Police
Assistant City Attorney (Form Approval)
lif�.Y.YI]3
AMHERST H. WILDER FOUNDATION
Thomas Kingston, President
Its