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02-981Council File # Green Sheet # RESOLUTIOIV CITY OF SAINT PAUL, MINNESOTA Presented By: �9 Referred To: Committee: Date i z 3 4 5 6 7 8 9 10 17 12 73 14 75 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Requested by Department of: Fire & Safety Services BY� ��c7 ��J, � Approval Recommended by Director of Financial Services: � Adopted by CounciL Date Q� _�,'a,p^�� Form � by City Attorney: .i.-�-.. , �-. Mayor €or RESOLVED, that the proper City o�cials are hereby authorized and directed to execute an agreement with the Salvation Army for the purpose of renting space to the Salvation Army for use as an Emergency Disaster Service Center; a copy of said agreement to be kept on file and of record in the Office of Financiai Services. � Qa. _ q�� 113964 Adoption Certified by Council Secretary: CnPPRTME'9T/OFFICE/COUNqL DATEINITIATED � Fire and Safety services 10/7l02 GREEN SHEET No 113964 CONTACT PERSON & PHONE INIT / IA�VDATE tNITtAIIDATE Fire Chief Tim Fuiler 228-6250 � DEPPRTMENTDIRECTO �� %�� 4 cmcouxoc MUST BE OPd COUNCIL AGENDA BY (DATE) pp �� O1 ��� �cmnrrorsner i " � •~ wrrci�+tK ❑Fr�ancw.seRV�cesoox._ ❑ruuu+cv�sFxv�accre �MArOR(ORA4515�M1I) ❑ TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTIOPJ REQUESTED To approve the attached Council Resoiution authorizing the Department of Fire and Safety Services to enter into a rentai agreement with the Saivation Army. y� F?s,czc��r; t� � ��� � RECOMMENDATION AppfOVe (A) o� Rejed (R) PERSONALSERVICE COMRACTS MUSTANSWERTHE FOCLOWINGQUE$iIONSt?. 1. Has this peBOnifirm ever worked under a contract for tTis tlsparlmenl'� PLANNING COMMISSION YES NO CIB COMMfTTEE 2. Has this pereon/firm everbeen a cityempioyee? qV1L SERVICE GOMMISSION YeS NO 3. Dces this persoNflrm possess a skill irot (rormally Fossessetl by any arteM cdy empbyee� YES NO 4. Is this person/firtn a targetetl vendoR YES NO Exptain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM ISSUE.OPPORTUNI7Y(WHO, WHAT, WHEN. WHERE, WHY) The Safvation Army would like to rent old Fire Station 24 for use as an Emergency Disaster Service Center. ADVANTAGESIFAPPROVED The community wifl benefit by the establishment of the Emergency Disaster Service Center. The Salvation Army will assume the costs of making needed repairs to the building. DISADVANTAGESIFAPPROVED None. DISADVANTAGES IF NOT APPROVED The Department of Fire and Safety Services would have to incur the costs of necessary repairs to the building. TOTAI, Ary10UNT OF TRANSACTION C0.ST/REVENUE BUDGETED (CIRC4E ONE) YES NO FUNDING SOURCE AC71VffY NUMBER FINANGIAL INFORMA710N (EXPtAIN) • `— t � � � � �CT 13_ 2�02 �ITY AT�ORNE� �-� 2e��� � Revised Authority (C.F. or A.O.) LEASE NO. FINANCE DEPT. LEASE DATE: LE5SOR: CITY OF SAINT PAUL AEPARTMENT OF FIRE & SAFETY SERVICES LESSEE: THE SALVATION ARMY P.O. Box 75366 Saint Paul. Minnesota _ 1720 East Seventh Street [1] Leased Premises. The LESSOR, in consideration ofthe payment ofthe Basic Rent and Additional Rent hereinafter specified to be paid by the LESSEE, and the covenants and agreements herein contained, does hereby lease, demise and let unto LESSEB the premises hereina$er referred to as the "Leased Premises," whose address is: and which is legally described as: Lots 14 and 15, Block 1, Kuhl's 2nd Addition � togeYher with any buildings, fixtures in such buildings, improvements and structures, if any, located thereon; See Exhibit "A", plan or map of leased area wtuch is incorporated herein by this reference. O�-9Y1 CITY OF SAINT PAUL STANDARD LEASE AGREEMENT Term of Lease. This lease shall be in effect for a term commencing and ending on the dates indicated below, unless terminated earlier by the LESSOR as provided herein. Term (MonthslYears) Commencing Date Ending Date 3 years 1, 2002 December 31. 2004 [3] Use of Premises. The LESSEE shall use and occupythe Leased Premises for the foliowing purpose: Emer�encv disaster service center and for no other putpose without the prior written consent of LBSSOR. o�-°lr► (4} 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 terzn 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 I.ease Term �1.00 Schedule (Payment Period — Commencing Date —� per Period) 3anuary 1, 2002 $ (B) Additional Rent. Additional Rent means all amounts, other than Basic Rent provided for in paragraph (4-A) above, that LESSEE sha11 be obligated to pay under this paragraph or other provisions of this Lease. Additional Rent shall include, but is not lunited to, the following fees, costs and expenses: (1) �Z) (3) t4) all utilities, including water, electric, gas, telephone, sewage and garbage collection and disposal; costs fortherepairs, unprovements or alterations required to be made by the LESSEE in para� 1 I of this Lease; all taxes on realty or personalty, general ar special; (4) all pubfic rates, dues, chazges and assessments, general or speciai, of any kind upon the Leased Premises; and property insurance premium andlor uninsured losses as set forth in paragraph (7) of this Lease. (5) the Salvafion Atmy, with the equipment, vehicles and personnel based at the leased property, will provide support services to the citizens and emergency responders of the City of Saint Paul and other communities in the seven county Twin Cities metro area, during emergencies, disasters and selected special events. Depending upon the nature ofthe event, these support services can include, but are not exclusively limited to, hot andfor cold liquids and food (as appropriate to the current weather conditions), pastoral care, Critical Incident Stress Management, disaster shelter services, and disaster social services, The amount and kind of support services provided will be dactated by the nature of the event, the needs of the communaties affected, and the overall demands of The SalvaYion Army's exisYing sesources and capabiliries at the time of the event. In the event that LESSEE does not make such payments (or any payments required to be paid as Additional Rent), LESSOR may make the payments at ats option, and the payments so paid become Additional Rent, and are due and payable by the LES SEE with the payment of Basic Rent next required after writtett notice of same to the LESSEB 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: o �-qY1 All Basic and Additional Rent shall be payable on the date certain provided herein, or — if no date certain is provided—within 3Q days ofthe billing date. The Lessor sha11 charge interest of 1.5% per month on any Basic ar Additional Rent remaining unpaid beyond the due date as here provided. [5] Taxes. LBSSEE shall be responsible for and pay all taxes and assessments against the Leased Prerruses, except that LESSEE may at its own expense contest and challenge the anposition or amount of any such taY or assessment as prescribed by law; provided, however, that in the event this Lease is terminated by either parCy, LESSOR may at its option require the LESSEE to pay such contested taxes pending appeai, 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 ar as an exception to the transferability of marketable title to the Leased Premises. [6} Right of Entry. At all times during the term of this lease, the LESSOR shall haue the right, by itsel£, its agents and employees, to enter into and upon the Leased Premises during reasonable business hours or, in the event of an emergency, at any tune for any legitimate purpose. [7] Insurance. (A) LESSOR'S Insurance. The LESSOR shall acquire and keep in effect during the term ofthis agreement the following coverages: (1) FIRE AND ALL RISK tNSUR ANCE, on the Leased Premises with limits ofnot less than $ 350,000 sha11 be purchased by the LESSOR; the LESSEE sha11 pay, as Additional Rent, the premaum for said insarance and, in the event of a claim, any deductible. Said insurance shall name the City of Saint Paul as the insured. With respect to any loss of the LESSOR'S property not covered by insurance, it shall be t�ie responsibility of the LESSEB, within a reasonable time, to pay all costs to repair or replace the damaged property with like kind, such reasonable time to be determined by the LESSOR. LESSEE shall be responsible for insurance of its own property. (B) LESSEE'S Insurance. The LESSEE shall acquire during the term ofthis lease the following coverage: (1) The LESSEE sha11 be responsible for the self insurance of, or the acquisition of Commercial Property Insurance on, its personai property. (2) COMMERCLAL GENERAL LIABILITY INSURANCE including blanket contractual liability coverage, personal injury liability coverage and broad form property damage liability endorsement with a combined single limit ofnot less than $1,000,000 per occurrence shall be purchased by the LESSEE. Such insurance shall: (a) name the Ciry of Saint Paul as additional insured; (b) be primary w'sth respect to LESS�R'S insurance or self-insurance; (c) not exclude explosion, collapse and underground properiy damage; (d) be written on an"Occurrence" Form policy basis; and (e) not contain an"aggregate" policylimit unless specifically approvedinwriting by LESSOR. (3) AUTOMOBILE LTABILITY IlVSLTRANCE with minimum limits of $1,000,000 combined single limit and $1,000,000 aggregate, covering hired, non-owned and owned automobiles. 3 o a•��1 (4) WORKERS'CONIl'ENSATTONIlVSIJRANCEwithnotlessthanstatutorym;n;m�,m limits; and EMPLOYERS' LIABII,TTY LAiSITRAi3CE with m;nimum limits of at least $500,000 per accident and with an all states endorsement. (5) The LESSEE shall supply to LESSOR current insurance certificates for policies required in Paragraph (7). The said certificates shatl 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 LESSEE to purchase and maintain additional insurance that may be necessary in relation to trus lease. (7) Nothing in this contract 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 ofMinnesota and approved by LESSOK, and shall deliver copies of the policies to LESSOR on tl�e date of LBSSEE'S execution ofthis agreement. The policies required in paragraph (7) sha11 be endorsed to indicate that the insurer cannot cancel or change the insurance without first giving the LESSOR 30 days' written notice. (C) Waiver of Subro aog tion• LESSQR 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 collected. The parties shall notify their respective insurance companies, in writing, of the provisions ofthis paragraph; and, if either cannot waive its subrogation rights, such party shall immediately notify the other party, in writing. [8] Cancellation or Terminarion. This lease shall be subject to cancellarion and termination by LESSOR or LESSEE at any time during the term hereofby giving notice in writing at least sixty (60) days, (thirty (30) days for leases with a term ofone (1) year or less or anymonth-to-month tenancies) prior to the date when such termination shall become effective. Tn the event of such termination, and on the effective date of such termination, LESSOR shall retum any unearned rental paid by the LESSEE without interest. [9j Notice. All notices herein provided to be given, ar ttiat may be given by either party to the other, shall be deemed to haue been fully b ven when served personally on LESSOR or LBSSEE, or when made in writing and deposited in the United States Mail, certified and postage prepaid, and addressed to the LESSEE at the address stated on page (1) and to the LESSOR at the Rea1 Estate Division, 140 Caty Hall, Saint Paul, Minnesota 55102. The address to which the notice shall be mailed may be changed by written notice given by either party to the other. Nothing herein shall preclude the giving of such address change notice by personal service. 4 O� - 95rj [IOj Assignment and Sublettin� LESSEE shall not assign or sublet this Lease without the written consent of the LESSOR, which consent must be obtained prior to the execution of any agreement to sublease the Leased Premises. [i1] Maintenance and Re�airs. LESSEE shall, at its own cost and expense, be responsible for all routine maintenance and repair to keep the Leased Premises in good repair, safe and in compliance with applicable fire, health, building and other life-safety codes; and all repairs and maintenance needed to keep the buildings or structures on the Leased Premises in good condition. LESSEE shall not be responsible for structural repairs. [12] Pavments in Case of Default LESSEE sha11 pay LESSOR all costs and expenses, including reasonable attomey's fees in any action brought by LESSOR to recover any rent due and unpaid hereunder, or for the breach or default of any of the covenants or agreements contained in this Lease, or to recover possession of said properiy, whether such action progresses to judgment or not. [l3] Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner termination of this lease, shall quit peacefully and surrender possession of said property and its appurtenances to LE5SQR 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 harmless the City of Saint Paul and any agents, officers and employees thereof from all claims, demands, actions or causes of acrion of whatsoever nature ar character, arising 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 aware of the conditions of the Leased Premises and leases the same "as is." [15] 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. [16] Pollution and Contaminants. LESSEE agrees 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 bear all costs and expenses arising from compliance with said ardinances, laws, rules, or regulations and shall indemnify, defend, save and hold hannless 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 regularions. LESSOR has the right to perform cleanup aud charge the LESSEE as Additional Rent for such costs should the LESSEE fail to compiy. 5 8l- °� YI [17) Controlliu� 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 agreed and understood that this Lease shall cancel and terminate any prior leases or rental agreements as of the effective date of this Iease. [18j Destruction. In the event of damage to or destruction of the Leased Premises or in the event the premises becomes untenantable or unfit for occupancy due to such damage during the term of this Lease, LES50R may at its option: (A) terminate the lease upon fifteen (15) days' written norice to LESSEE; or (B) within fifteen (15) days agree to restore the prexnises within a reasonable time period following the casualty, charging 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 deskuction, and for that purpose, if such dam- age ar 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 insuYficient 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 ofthe following events during the term ofthis Lease shall constitute an event of default by the LESSEE: (A} the filing of apetition to have LESSEE adjudicated bankrupt or a petition for reorganization or arrangement under any laws of the United States relating to banlffuptcy filed by LESSEE; (B) in the event a petition to haue 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 LES3EE or of the business conducted by LB3SEE on the Leased Premises be assumed by any trustee or other person pursuant to any judicial proceedings; (D) LESSEE makes any assignment far the benefit of creditors; (E) the failure byLESSEE to timelypayBasic Rent or Additional Rent as required bythis Lease; (F) the failure by LESSEE to observe and perform any covenant, condition ar agreement on its part to be observed or performed as required by this Lease; or (G) the failure by LESSEE or its surety to dischazge, satisfy ar 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 earlier. aa-q�r� It is an express covenant and a� ofLESSOR and LESSEE that LESSOR may, at its election, termulate this Lease in the event of the occurrence of any of the events described in this paragraph or in paragraph (22) relating to liens by giving not less than ten days' written notice to LESSEE; and when so ternunated, LESSOR may reenter the Leased Premises. This Lease and its Leased Premises shall not be treated as an asset ofLESSEE'S estate. It is further expressiy understood and agreed that LESSOR shall be entitled upon such reentry, ttotwithstanding any other provision of this Lease, to exercise such rights and remedies as are provided in Paragraph (24) of this Lease. [20j Compliance with Laws. The property described herein may be used for only the purposes stated herein. It is the sole and exclusive zesponsibility of the LESSEE in the use of the properiyto comply with all laws, rules, regulations or ardinances imposed by anyjurisdicUon affecring the use to which the property is proposed to be put. Tnability or failure by the LESSEE to comply with any of saad laws, rules, regulations or ordinances will not relieve the LESSEE ofthe obligation to pay the rental provided herein. [21) Non-Discrimination. The LESSEE for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant rimning with the land, that (A) no person, on the ground of race, sex, color creed, religion, age, disability, marital status, sexual or affectional orientation, 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 discriminarion in the use of said facilities; (B) that in connection with the construction of any improvements on said lands and the fumishing of services thereon, no discrimination shall be pracriced in the selection of em- ployees and conh by contractors in the selection and retention offirst tier subcontract- ars, and by first-tier subcontractors in the selection and retention of second-rier subcon- h (C) that such disczimination shall not be practiced against the public itt ats access in and use of the facilities and services provided for public accommodations (such as eating, sieeping, rest and recreation) constructed or operated on the Leased Premises; and (D) that the LESSEE shall use the premises in compliance with all other requirenients imposed pursuant to the Saint Paul Legislative Code Cbapter 183. [22] Liens. The LESSEE shall not permit mechanids liens or other liens to be filed or established or to remain against the Leased Premises for labor, materials oz 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 first notify the LESSOR of its intention to do so and shall deposit in escrow with the LESSOR a sum of money or a bond ar irrevocable letter of credit acceptable to the LESSOR equal to the amount of the claim of lien, oa-qr� LESSEE may in good faith contest any such claims or mechanic's or other liens filed or established and in such event maypermit the items contested to remain undischarged and unsatisfied during the period ofsuch contest. If; in the opinion ofthe LESSOR, the nonpayment of anysuch items subjects the Leased 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 charge the LESSEE as Additional Rent. (23] Eminent Domain. In the event the entire Leased Premises are taken by eminent domain, or such portion thereof is so taken that in LESSEE'S reasonable judgement it is uneconomic thereafter to restore the Leased Premises and proceed under the terms and provisions ofthis Lease, LESSEE may teiminate this Lease by giving to LESSOR thirty days' written norice of termination, effective as of the date on which the condemning authority acquires legal ritle or physical possession ofthe Leased Prerzrises. LESSEE hereby waives and releases any claim to ar shaze 3n the Award of Compensation for the taking, notwithstanding any other provision of law, this Lease or any other a� LESSEE may to the extent otherwise pemutted in the eminent domain proceeding, remove its own trade fixtures at its oum expense. [24] Aefault Remedies. In the event an Event of Default occurs under paraa aph (19) of this Lease, LESSOR may exercise any one or more of the following remedies: (A) reenterandtakepossessionofthePremiseswithoutterminationofthisLease,anduseitsbest efforts to ease the Premises to or enter into an agreement with another person for the account of LESSEE; (B) terminate this lease, exclude LESSEE from possession of the Premises, and use its best efforts to lease the Premises to or enter into an agreement with another in accordance with applicable law; (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 ofthe Leased Premises, sell all ar any part of the Premises at the best price obtainable (provided such sale is perznitted by applic- able 1aw,) such sale to be on such terms and conditions as the LESSOR, in its sole discretion, shall determine and apply the pzoceeds of such sale less any expenses thereof far the account of the LBSSEE. (E) exercise any remedies available to it lmder 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 ofany obligation, agreement or covenant ofthe 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 LESSBE liable for the difference between the payments � —9r� 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 avaiiable remedy or remedies, but each such remedy sha11 be cumulative and shall be in addition to every other remedy gven 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 sha11 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 LBSSOR to exercise anyremedyreserved to it in this Provision, it shall not be necessary to give any notice, other than such notice as may be herein expressly required. [25] Default of Pavment. LESSBE agrees that, should it default on any payment owing and due to be paid to LESSOR as provided in this agreement, including but not limited to Basic Rent and Additianal Rent, then the remaining unpaid balance shall, at the option ofthe LESSOR, immediately become due. Said LESSEE further agrees that the LESSOR may, at its oprion and without notice to LESSEE, enter judgment against LESSEE in Ramsey County District Court for the amount of the unpaid balance. And LESSEE does hereby confess judgment in the amount of the unpaid balance due upon default, and does authorize the LESSOR to enter judgment as provided above. LESSEE does hereby a�ee that the LESSOR, at its option, may enter a judgment, at any time within one yeaz of the time the last payment shall have come due, for the full amount of the unpaid balance due pursuant to the confession of judgnent provided herein. [26] Alterations. The LESSEE will not make any altexations to the premises without the written consent ofthe LESSOR, such consent not to be unreasonablywithheld. 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 properiy of the LESSOR at the end of the Lease period. LESSEE agrees that all alterations will be done in a worlananlike manner and in conformance with applicable building codes, that the shuctural integity and building systems of the building will not be impaired, and that no liens will attach To the premises by reason thereo£ LESSEE shall have the right to display appropriate signage to identify its presence and mission. [27] Amended. Anything herein contained to the contrary not withstanding, this Lease may be terminated, and the provisions of trus Lease may be, in writing, amended by mutual consent of the parties hereto. e] aa-gt 1 IN WITNESS WT�EREOF, the parties hereto have set their hands and seals the day and yeaz in this Lease first above-written. LESSOR: City Attomey (Form Approval) Mayor Ciry Clerk Director of the Office of Financial Services Department Director LESSEE: � ���, q its (��rvt5��a� C���'ta�dei�- Tts Its 10