03-593Return copy to: jao
Real Estate Division
140 City Hall
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Presented By
Referred To
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SUBSTITUTE
Comnuttee: Date
S..,bs�;}...� �.o..n.C.,.�e�, - �',�,,,�, as� GreenSheet# 3001360
, RESOLUTION a°O3
/ CIT�QF SAINT PAUL, MINNESOTA
�//
RTHEREAS, the City of Saint Paul, acring through its Valuation Engineer, has secured an agreement
for the purchase of real property at 600 Olive Street, said property is described as follows:
See Attached E�►ibit "A"
WHEREAS, said property described is necessary far improvements in connection with the
development of the Saint Paul Police DepartmenYs new Headquarters in the Grriffin Building, said
property was Final Ordered for acquisition on Apri} 2nd, 2003 with Council File Numbered 03-346.
The value at which said property may be purchased at is in the amount of Seven Hu�dred Twenty
Thousand Dollars ($720,000), this being a fair and reasonable value for the subjeci property; and
WHEREAS, the Valuation Engineer has recommended the purchase of said property at the
recommended value, subject to the terms and conditions agreed upon between Fee Owner and City of
Saint Paul as specified in the attached purchase agreement;
SO THEREFORE BE TT RESOLVED, that the proper City Officials are hereby authorized and
directed to pay Car-Lo, Inc. the sum of Seven Hundred Twenty Thousand Dollars ($720,000)..�a
4ao �or o� o. �o..a.��- �Cw.ev.�,Mc.+�-
--r •
Said sum to be charged to Activity Code: CO3 - 4T020 - x x x x
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Adopted by Council: Date
Adoption Certified by Cou:
By: 3-
App}' v d by Mayo r��. II•ate
Requested by Department of:
Technologv & Manag,ement Services
By: 71 Gf,tP.v�
birector
Form Approved by City Attomey
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By: ; ;;�1 ti�`tl;�.
Council File # ��R �
for
f'i .ff f�iii
63 - 5q3
EX H f ti I 7" "/4 r`
That part of Lot 3, Block 4, Paterson's Addition to the Town of St. Paul that lies Northerly of
a line described as follows: Beginning at a point on the West line of said Lot 3 that is 44.50
feet North of the Southwest corner of said Lot 3; thence South 89 degrees 30 minutes 51
seconds East, parallel with the South line of said Lot 3, a distance of 19.44 feet; thence South
51 degrees 06 minutes 45 seconds East a distance of 44.26 feet; thence South 89 degrees 30
ininutes 51 seconds East a distance of 6.38 feet; thence I�iorth 38 degrees 53 minutes 18
seconds East a distance of 19.77 feet; thence South 89 degrees 30 minutes 51 seconds East a
distance of 2738 feet to a point on the East line of said Lot 3 that is 32.50 feet North of the
Southeast corner of said Lot 3, and said ]ine there terminating, according to the rzcorded plat
thereof, and situate in Ramsey County, Minnesota.
Abstract Property
Known as 600 Olive Street, St. Paul, Minnesota .
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
TE �'�lmology and Management Serv
Contact Person & Phone:
Juan Ortiz & Dave Netson
68864 GPBGo
Must Be on Council Agen
18-JUN-03
Total # of Signature
Date Initial
70-JUN-03
�
AsSign
Number
For
Routing
Order
0� -S� �
Green Sheet NO: 3001360
0 e hnolo and Mana e nt S
I echnolo andMana ementS De ar[mentDirector
2 a r'sOffice or ista t
3 uncil Connal
4 i Clerk i lerk
5 echnolo and Mana ement S TMS Real Estate
(Clip All Locations for Signature)
wcnon neques�ea:
Approve the purchase of 600 Olive Street as part of the improvement of the SPPD's new Heaquazters at the Griffin Building.
idatlons: Approve (A) or Rejeci (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Answer the
1. Has this personRirm ever worked under a coniract for this department?
Yes No
2. Has this person/frm ever been a city employee? ,
Yes No
3. Does this person/firtn possess a skill not normally possessed by any
current city employee?
Yes No
Expiain ali yes answers on separate sheet and attach to green sheet
initiating Problem, Issues, Opportunity(Who, What, When, Where, Why):
An agreeement has been consented to between the owner of 600 Olive and the City. This property is needed to accomodate the current
needs of the SPPD's Specialry Units.
Advantapes If Approved:
The SPPD will have met the cunent needs of its specialty units.
DisadvantapeslfApproved:
Displacement of current owner and/or
lessee.
DisadvanWqes If Not Approved:
The needs of the specialty units for the SPPD wi11 not of been met.
Total Amount of
Transaciion:
Fundinp Source:
720000
Project Funds
��� � � ���
CostlRevenue Budgeted:
ActiviN Number: CO3-4T020-xXX
Financial Inf ormation:
(Exptain)
Return copy to: jao
Real Estate Division
140 City Hall
Council File # � 3 � S�3
Green Sheet # 300�'3 G4
RESOLUTION
F SAINT PAUL, MINNES07A
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Presented By
Referred To
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Committee: Date
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VJHEREAS, the City of Saint Paul, acting through its Valuation Engineer, has cured an agreement
for the purchase of real property at 600 Olive Sueet, said propeny is desczibed follows:
See Attached Exhibit "A"
WHEREAS, said property described is necessary for improvements ' connection with the
development of the Saint Paul Police Department's new Headquarte in the Griffin Building, said
property was Final Ordered for acquisition on April 2nd, 2003 wi Council File Numbered 03-346.
The value at which said property may be purchased at is in the ount of Seven Hundred Sixty
Thousand Dollars ($760,000), this being a fair and reasonable alue for the subject property; and
WHEREAS, the Valuation Engineer has xec
recommended value, subject to the terms and a
Saint Paul as specified in the attached purchase
SO TF�REFORE BE TT RESOLVED, that
directed to pay Carlo LaManna the sum of Sevi
the purchase of said property at the
-eed upon between Fee Owner and City of
City Officials are hereby authorized and
f Twenty Thousand Dollars ($720,000).
FIJRTHER RESOLVED, the Council he by aclrnowledges the contribution of Carlo LaManna in the
amount of Forty Thousand Dollars ($40,0 ) to the City of Saint Paul as part of the agreement between
the Fee Owner and the City.
Said sum to be charged to Activity Cgcle: � 0 3-- �lT o� �" x X x
Adopted by Couq�il: Date
Adoption Cert�ed by Council Secretary
By:
Approved by Mayor: Date
By:
Requested by Departrnent of:
Technology & Manaeement Services
By:
Director
Form Approved by City Attorney
EXHIBIT "A"
That part of Lot 3, Block 4, Paterson's Additiot� to the Town of St. Paul that lies Northerly of
a line described as follows: Bebinning at a point on tlie West line of said Lot 3 tliat is 44.50
feet Nortl� of the Southwest corner of said Lot 3; thence South 89 degrees 30 minutes 51
seconds East, paraliel with the South line of said Lot 3, a distance of 19.44 feet; tl�ence South
51 degrees 06 minutes 45 seconds East a distance of 44.26 feet; tl�ence Soutl� 89 degrees 30
minutes 51 seconds East a distai�ce of 638 feet, thence Norih 38 degrees S3 minutes 18
seconds East a distance of 19.77 feet thevice South 89 degrees 30 minutes 51 sewnds East a
distance of 27.38 feet to a poiiit on tl�e East line of said Lot 3 that is 32.50 feet North of the
Southeast corner of said Lot 3, and said line there tenninating, according to the recorded plat
tlaereof, and situate in Rvnsey County, Minnesota.
Abstract Properiy
I{nown as 600 Olive Street, St. Paul, Minnesota .
O�-S4�
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03 -593
PURCHASE AGREEMENT
T'HIS AGREEMENT is made by and between Caz-Lo Properties, Inc., a Minnesota
Corporation ("Seller") and The City of Saint Paul, a Mimiesota Municipal Corporation,
(`Buyer") as of the date of the last signature of Seller and Buyer ("Agreement Date").
In consideration of this Agreement, Seller and Buyer agree as follows:
Sale of Property: Seller agrees to sell to Buyer, and Buyer agrees to by from
Seller, the following properiy ("Properiy"):
a. Reai Propertv. The real property located at 600 Olive Street, Saint Paul,
MN 55101, Ramsey County Minnesota, legally described on the attached
Exhibit A("Land"), together with all buildings and other improvements
constructed or located on the Land ("Improvements") and all easements
and rights benefitting or appurtenant to the Land, including Seller's rights
in any vacated or existing public zights of way adjoining the Land
("Appurtenances")
b. L.eases. Seller's interests as lessor in all of the leases affecting the
Property excepted as otherwise provided in the Agreement in SecUon 5.
a W arranties. Seller's interests in all warranties and guaranties given to,
assigned to or benefitting Seller or the Real Property regarding the
acquisition, construction, design, use, operation, management or
maintenance of the Real Property ("Warranties").
2. Purchase Price. As consideration for the purchase of the Property Buyer
shall pay to Seller the sum ("Purchase Price") of $760,000.00 (Seven Hundred
Sixty Thousand Dollars). The Purchase Price shall be payable as follows:
a. Balance of Purchase Price. The balance of the Purchase Price, plus or
minus prorations and other adjustments hereunder, if any, shall be due at
Closing. Buyer shall pay such balance to Seller in the form of
check.
b. Gift. The Seller wishes to gift to the Buyer the amount of forty
thousand dollazs ($40,000.00) to be used as a credit towazds the purchase
price of the Property.
3. Due Dili e,g nce. ��—S9�
a. Due Diligence Conditions Precedent. Buyer's obligation to
complete the transaction contempiated by the Agreement shall be subject
to the satisfaction or waiver of each of the foliowing conditions.
(i) Tifle. Seller shall fiimish to Buyer within seven (7) days of the
Agreement date, a current Abstract of TiUe and/or an Owner's
Certificate of TiUe. WitYrin seven (7) days of the Closing Date,
Buyer shall have received adequate assurances that any
unpernutted encumbrances wiil be removed or endorsed over at or
before closing at Seller's cost and expense.
4. Covenants bySeller. Seller covenants and agrees with Buyer from the
Agreement Date until the Closing Aate (as such term is defined in Section 6a)
except as otherwise provided herein, Seller shall conduct its business involving
the Property in the following manner:
a. Transfers: Easements. Seller shali refrain from transferring the
Propefty, or any portion thereof, or creating on the Property any easements
or restrictions provided, however, that nothing herein shall preclude
Seller's replacement of any equipment, supplies or machinery in the
ordinary course of operafing the Property with similar equipment, supplies
or machinery of at least equal quality and value.
b. Contracts. Seiler shall refrain from entering into or amending any
contracts or other agreements regarding the Property (other than contracts
in the ordinary course of business that are terxninable by the Seller of the
Property priar to the Closing Date, without penalty, within (30) thirty after
giving notice thereo fl, without the prior written consent of Buyer.
c. New Leases. Except as expressly provided herein, Seller sha11 refrain
from entering into any new leases with respect to the Real Property,
without Buyer's written approval.
5. Assumption of L,ease and Assignment of Rent Pa,�ments. The Buyer assuxnes
I,ease Agreement 10104 between the Seller as Lessor and the State of Minnesota
as Lessee. The I,ease Agreement is attached as Exhibit B. The L,ease Renewal
began on January 1, 2003 and is set to expire on December 31, 2007. It is the
understanding of the parties that the current tenants will be allowed to occupy the
Property until October 31, 2003 at which time all rights and interests pursuant to
the Lease, including possession shall expire and be vested in the Buyer as Owner.
a. Occu�ancv. The Seller and the Buyer agree that the lease term will
continue after the Closing Date for a period not to exceed October 31,
2003. As of October 31, 2003, the Seller and Buyer agree that the Seller's
V3�S f�
right and interest in the Lease shail extinguish, including Seller's right to
rent payments and Seller's right to pursue contractual remedies pursuant to
the Lease.
b. Rent Pa ��ents. The Seller shali continue to receive rent payments
as outlined by the rent schedule in Eachibit B until October 31, 2003. After
October 31, 2003, Seller's rights, including rights to pursue contractual
remedies pursuant to the Lease aze extinguished and all rights and interests
aze vested in the Buyer as owner.
6. Closine.
a. Closing Date. The closing of the purchase and sale contemplated by this
Agreement ("Closing") shall occur on or before June 30, 2003, or on such
eazlier date as Seller and Buyer may mutually agree, or as otherwise
contemplated by this Agreement ("Closing Date"), at the office of the Title
Company or at such other location as Seller and Buyer may mutually
agree.
b. Buver's Closing Conditions Precedent. Buyer's obligation to
complete the transaction contemplated by this Agreement shall be subject
to the satisfaction or waiver of each of the following conditions; provided,
however, that Buyer shall have the unilateral right to waive any Buyer's
Ciosing Conditions Precedent, in whole or in part, by written notice to
Seller.
(i) The Agreement is subject to the approval of the Saint Paul City
Council.
(ii) The representations and warranties of Seller as set forth above are
true and complete.
(iii). Seller shall have performed ail of the obligations required to be
performed by Seller under this Agreement, as and when required
by this Agreement.
a Seller's Conditions Precedent. Seller's obligations to complete the
transaction contemplated by this Agreement sha11 be subject
to the satisfaction or waiver of each of the following conditions; provided,
however, that Seller shall have the unilateral right to waive any Seller's
Closing Conditions Precedent, in whole or in part, by written notice to
Buyer.
(i) The representations and warranties of Buyer as set forth above aze
true and complete.
(i) Buyer shall have performed all of the obligations required to be
performed by Buyer under this Agreement, as and when required
by this Agreement, in all material respects. b�+s4 �
7. Closing Deliveries.
a. Seller's Closine Documents. On the Closing Date, Seller shall execute
and/or deliver to Buyer, or cause to be executed and/or delivered to Buyer,
the following documents (collectively, "Seller's Closing Documents").
(i) Deed. A Wananty Deed conveying the Real Property to Buyer,
free and cleaz of all encumbrances, except the Pemutted
encumbrances in the form set forth in Exhibit B attached hereto
and made a part of.
(ii) Ori �i�nal Documents. The original versions of the Leases that are
to be assigned to and assumed by Buyer pursuant to
Section five (5) hereof, the Warranties, to the extent that the same
are in Seller's possession and have not previously been delivered to
Buyer.
(iii) Hazardous Materials Affidavit. Seller shall provide an
affidavit indicating that the Property has never been used for the
producuon, storage, deposit or disposal of hazardous substances in
any reportable quantities as defined by Minn. Stats. § 115A.03,
subd. 10 and Minn. Stat. � 115B.02.
(iv) Title Documents. Such affidavits or other documents as may
be reasonably required by the Title Company in order to record the
Warranty Deed and to issue the Title Policy (as such term is
defined in Section 7(b) hereofl.
b. Title Policv. At Closing, SeIler shall cause the TiYle Company to deliver
to Buyer the owner's title insurance policy as contemplated by the
Commitrnent ("Title Policy"). If the Title Policy that the Title Company is
prepared to issue shows any Unpermitted Encumbrances, Seller covenants
and agrees; within thirty (30) days to use its best efforts to remove such
Unpernutted Encumbrances or to cause the Title Company to issue its
endorsement over any such Unpermitted Encumbrances.
c. Buver's Title Documents. On the Ciosing Date, Buyer shall execute
and/or deliver to Seller, or cause to be executed and/ or delivered to Seller,
the following documents (Collectively "Buyer's Closing Documents").
(i) Purchase Price. The entire Purchase Price, plus ar minus
prorations and other adjustments hereunder, if any, by
check.
p7 .t�3
(ii) Gift Resolution. A resolution signed and acknowledged by
2/3 members of Buyer's goveming body acknowledging and
accepting Seller's gift of foriy thousand dollars ($40,000.00)
towazds the purchase of the property.
(iu) Tifle Documents. Such Affidavits or other documents as may
be reasonably required by the Title Company in order to record the
Warranty Deed and issue the Title Policy.
(d) Filin¢. All closing and transfer documents must be filed in Ramsey
County no later than 7une 30, 2003.
Adiustments and Prorations. Seller and Buyer shall make all adjustments and
apportion all expenses with respect to the Property, including, without limitation
to the following:
a. Real Estate Tases and Special Assessments.
(i) Seller sha11 be responsible for payment to the collection authorities
of all reai estate tases affecting the Real Property that have been
assessed and that aze due and payable as of the date immediately
preceding the Closing Date ("Proration Date"), and
Buyer shall be responsible for payment to the collection authorities
of all Real Estate tases for the Real Property that have been or will
be assessed and that become due and payable after the Proration
date.
(ii) Any real estate t�es not paid by Seller to the collection authorities
that aze due and payable on the Proration Date shall be deducted
from the Purchase Price.
(iii) Buyer shall assume all assessments levied and pending against said
Properiy as of the Proration Date.
b. Title Insurance. Seller shall pay cost of the owner's Title Policy.
Selier shall pay for the costs of any endorsements to the Title Policy,
including the extended coverage endorsement and any other endorsements
over any Unpernutted Encumbrances that the Seller is able to obtain from
the Tifle Company.
a Closing Fee. Buyer shall pay all closing costs except those costs that aze
otherwise specified herein.
d. Attornevs' Fees. Each of the parties shall pay its own attorneys' fees,
except that a pariy defaulting under this Agreement or any closing
document will pay the reasonable attomeys' fees and court costs incurred
by the non-defaulting party to enforce successfully its rights regarding
such default.
8. Default.
D� - 543
a. If Buyer defaults in its obligation to consnmmate this Agreement, Seller
shall be entitled to teruiivate this Agreement. Anything in this Agreement
to the contrary notwithstanding, Buyer shall have three (3) business days,
or such other time period as expressly provided in the Agreement, to cure
any defauit by it hereunder, before Seller is entifled to its remedies.
b. If Seller defaults in its obligaUOns to consummate this Agreement, then (1)
Buyer may recover from Seller any and all damages sufFered by Buyer as a
result of such default, provided, however, that such damages sha11 include
only (A) the costs and expenses incurred by the Buyer in prepazation for
the consummation of the transaction contemplated by this Agreement
(including, without limitation, fees and chazges paid to attorneys) (B) other
direct damages; and (ii) Buyer shall further be entitled either to ternunate
this Agreement or to enforce specific performance of the terms, provisions
and conditions of the Agreement. The foregoing shall be Buyer's sole and
exclusive remedies in the event of default by Seller in consummaUng the
Agreement. Anything in this Agreement to the contrary notwithstanding,
Seller shall have three (3) business days, or such other fime period as
expressly provided in the Agreement, to cure any default by it hereunder,
before Buyer is entitled to its remedies.
9. Mutuai Indemnification. Seller and Buyer shall indemnify each other against,
and hold each other hannless from, all liabilities (including, without limitation,
reasonable attorneys' fees and costs) arising out of the ownership, operation or
maintenance of the Property for their respective periods of ownership; The
provisions of this section 9 shall survive Closing and executing and delivery of
the Warranty Deed.
10. Notices. Any notice or other communication in connection with this
Agreement shall be in writing and shall be sent by United States First Class mail,
or by personal delivery, in each case properly addressed as follows:
If to Seller: Mr. Joseph N. LaManna
and�or Mr. Carlo LaManna
If to Buyer: City of Saint Paul Rea1 Estate Division
140 City Hall
15 West Kellogg Boulevazd
St. Paul, MN 55102 (Attention: Peter White)
03-51'S
All notices shall be deemed given three (3) business days following deposit in United States mail
and one (1) business day if sent by personal delivery. Attorneys for each party shall be
authorized to give notices for each such parry.
1 l. Survival of Obli ag tions. All warranties and representations made in this
Agreement shall survive the Closing Date and the conveyance of tifle to the
property, until the Buyer takes full possession of the property on or before
October 31, 2003. The Agreement, and all obligations provided shall, to the
extent not fully satisfied and performed by or through the Closing Date, shali
survive the closing and the conveyance of tide to the Property.
12. Entire Agreement. This Agreement constitutes the entire agreement between
the parties with respect to the subject matter herein contained. All prior
negotiations, discussions, writings and agreements between the parties with
respect to the subject matter herein contained aze superseded and of no further
force and effect. No covenant, term or condition of this Agreement shall be
deemed to have been waived by either party, unless such waiver is in writing and
signed by the party chazged with such waiver.
13. Bind'� Effect. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and pernutted assigns.
14. Controlline Law. This Agreement shall be governed by and construed in
accordance with the laws of Minnesota.
15. Severabilitv. The unenforceability or invalidity of any provisions hereof shall
not render any other provision herein contained unenforceable or invalid.
16. As-Is Sale. Buyer acknowledges that (a) except as set forth in this Agreement
and in Seller's Closing Documents, the Seller and its agents have made no
representations or warranUes of any kind with respect to the Subject Property; (b)
Buyer is not relying on any warranty, representation or covenant with respect to
the condition of the Subject Property; and (c) Buyer is acquiring the Subject
Property in its "as-is" condition with all faults.
17. Time of Essence. Time is of the essence of this Agreement.
SELLER:
Its:
I:�. .
City of St. Paul- ValuaUOn & Assessment Engineer
Its:
p, _s4�
EXHIBTT "A"
That part of Lot 3, Block 4, Paterson's Addition to the Town of St. Paul that lies Northerly of
a line described as follows: Beginning at a point on the West line of said Lot 3 that is 44.50
feet North of the Southwest corner of said Lot 3; thence South 89 degrees 30 minutes 51
seconds East, parallel with the South line of said Lot 3, a distance of 19.44 feet; thence South
51 degrees 06 minutes 45 seconds East a distance of 44.26 feet; thence Sout]i 89 degrees 30
minutes 51 seconds East a distance of 6.38 feet; thence North 38 degrees 53 minutes 18
seconds East a distance of 19.77 feet; thence South 89 degrees 30 minutes 51 seconds East a
distance of 27.38 feet to a point on the East line of said Lot 3 that is 32.50 feet North of the
Southeast comer of said Lot 3, and said line there terminating, according to the recorded plat
thereof, and siivate in Ramsey County, Minnesota.
Abstract Property
Known as 600 Olive Street, St. Paul, Minnesota .
. : .. � � : . .. , p� _st�
.�'}C H I i3 / T ,�C3 �r
LEASE
Expenditure Authorization To be Compieud by Deparvnent
Prior Year Encumbrance or
❑ Original (A40 & 44) ❑ Increase (A41 & 44) ❑ Decrease (A45) ❑ Encumbrance Increase (A461
Tin. No. Accouni I.D. Or9am nan F.Y. Rquivi�on NO. V�naar Numd� TYp� T�rms Sau�c� 5. Aci Taak S. Tail
aa D 3aoc,�i� I 3 59i d o V
Cm; Joo er Cli.n[ Coa. A SuN�= ooj.cv
� 337�(0¢$,� SEND
TYPE OF TRANSACTION Entered 6y
� p Da[a NumGo
� � � �� ia��r Enreredby-�
A6d A65 A4fi Oam NumOe/ '
�aio�
TOTAL AMOUNT See Clause 15 LEASE NO.
(Annual)
THZS LEASE AGREEMENT is made by and between Carlo LaManna c/o Car-Lo
Pro erties 1700 Oakdale Avenue W. St. Paul Minnesota 55118, hereina£ter
referred to as LESSOR, and the STATE OF MINNESOTA, DApartment of
Administration, hereina£ter referred to as LESSEE, acting £or the benefit
of Plant Manaqement Division• Resource Recoverv.
WITNESSETA: LESSOR and LESSEE, in consideration of the rents, covenants
and considerations hereina£ter specified, do hereby agree each with the
other as follows:
1. LESSOR grants and LESSEE accepts a lease of the following
described Leased Premises located in the City of St Paul, County
of Ramsev, Minnesota, to-wit:
approximately Fourteen Thousand Four Hundred Fiftv-Two f14.452)
usable square feet of o£fice/shop space comprised of Twelve
' Thousand Eight Aundred (12,800) usable sguare feet of office/shop
space on the £irst £loor and one Thousand Six Hundred Fi£ty Two
(1,652) usable square feet on the second floor, as shown on the
attached Exhibit A, the entire building located at 606 Olive
Street, '
£or the term of five f51 vears commencing on Januarv 1. 1993 and
continuing through December 31, 1997 to be used as recvclinq facilitv
and of£ice soace.
2. LESSOR represents and warrants that it is solely entitled to all
rents payable under the term of. this Lease Agreement and that
LESSEE shall have the quiet enjoyment of the Leased Premises
during the full teria of this Lease Agreement and any extension or
renewal thereof.
3. As rent £or the Leased Premises and in consideration for all
covenants, representations and conditions of the Lease Aqreement,
LESSEE agrees to pay to LESSOR the sum of Four Hvndred Fifteen
Thousand N1ne Hundred TwentV Eiaht and 52/100 Dollars (S415,928_521
for the term of the Lease Agreement, such amount shall be paid in
accordance with the rent schedule set forth in Clause 15, each monthly
payment to become due and payable at the end of each calendar month.
4. LESSOR covenants that it will deliver the Leased Premises to LESSEE in
a clean and sanitary condition, with.all services and appurtenances
included within the scope oP this Lease Agreement in efEect and in
good running order.
5. LESSEE covenants that at the termination of this Lease Agreement by
lapse of time or otherwise, it shall remove its personal property and
vacate and surrender possession o£ the Leased Premises to LESSOR in as
good condition as when L°SSEE took possession, ordinary wear and
damage by the elements excepted. Alterations or £ixtures attached to
the Leased Premises shall remain a part thereof and shall not be
removed unless LESSOR elects to permit removal.
6. I£ the Leased Premises shall be destroyed or damaged by £ire, tornado,
flood, civil disorder, or any cause whatsoever, so that the Leased
Premises become untenantable, the rent shall be abated from the time
o£ such damage and LESSEE shall have the option oP terminating this
reasonableetonres ore1the1damaged1LeasedLPremisesctoatenantableime as
condition. .
7. In,:the event that the Minnesota State Legislature does not appropriate
tq the De artment o£ Administration funds necessary for the
continuation of this Lease Agreement, or in the event that Federal
Funds necessary £or the continuation of this Lease Agreement are
withheld £or any reason, this Lease Agreement may be terminated by
LESSEE upon giving�thirtV l301 days written notice.
8. LESSOR shall be responsible £or a11 taxes and assessments upon the
Leased Premises.
DUTZES OF LESSOR '
S.Oi LESSOR shall provide adequate electrical outlets upon the
Leased Premises per the attached Exhibit A.
9.02 LESSOR shall provide the Leased Premises with separate restroom
£acilities £or both men and women. Such facilities shall
either be situated within the Leased Premises or easily
accessible thereto.
9.03 Heatina: LESSOR sha11 provide the Leased Premises with heatinq
facilities of a design capacity sufficient to maintain the
Leased Premises at a comfortable temperature under all but the
most extreme weather conditions. Provided, however, that in
the interest of energy conservation, and in keeping with the
temperature standards established £or state-owned buildings,
the temperatures should be maintained, wherever practicable, nc
higher than 68 Fahrenheit for all occupied work areas and
cafeterias; 65 Fahrenheit for a11 lobby, corridor and restroom
areas; 60 Fahrenheit for all building entrances, storage areas
and tunnels; and 55 for all unoccupied and vacated Leased
premises within the Leased Premises.
5_Oa coolina: LESSOx shall provide air-conditioning capable of
cooling the Leased Premises to a temperature of 15 Fahrenheit
cooler than the prevailing outside air temperature. In the
interest of energy conservation, and in keeping with the
temperature standards established for state-owned buildings,
lower Fahr�enhe t n the a e o cupied are w"i hin o
the Leased Premises.
p7 +S'9�
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. . . � . . . . a3-Sg�
9.05 In the event any kind o£ energy conservation measures are
enacted by State or Federal authority, it is hereby agreed that
LESSOR shall reduce the quantity of utilities and services as
may be specifically required by such governmental orders or
regulations. IItilities, within the meaning of this article,
includes heat, cooling, electricity, water and all the sources
of energy required to provide said service.
9.06 LESSOR shall provide the Leased Premises with overhead lighting
£acilities su£ficient to provide 7o foot candle power at desk
level.
9.07 LESSOR shall provide, at its own expense, su£Eicient light,
heat and maintenance to the Leased Premises public access areas
to the Leased Premises, including stairways and hallways, so
that such areas sha11 be saEe and reasonably com£ortable.
g,08 LESSOR shall keep the dock area Eree from snow, ice and debris.
LESSOR shall provide barrels with salt and ice, on an on-going
basis, at the dock and entrances o£ the building £or LESSEE'S
use.
9.09 LESSOR shall, orior to LESSEE�S occupancy, provide the
following:
a. implement the measures to the heating, ventilating and air-
conditioning system, as set forth on the attached Exhibit
B;
b. clean the load levelers of combustibles and debris; and
c. replace the weather stripping around'the dock load
levelers.
9.10 LESSOR shall, at its expense, maintain the security system for
LESSEE'S use including, but not limited to, inspecting and
testing of the system on an annual basis.
10. DUTZES OF LESSEE .
10.01 LESSEE sha11 allow access to the Leased Premises by LESSOR or
its authorized representatives at any reasonable �time during �
the life o£ this Lease Agreement for any purpose within the
scope o£ this Lease Agreement.
10.02 LESSEE shall not use the Leased Premises at any time for any
purpose forbidden by law.
10.03 LESSEE shall not assign, sublet, or otherwise transfer its -
interest in this Lease Agreement without the prior written
consent o£ LESSOR.
10.04 LESSEE shall keep the public sidewalks adjacent to the building
and any sidewalks or stairways leading fzom the public
sidewalks to the building free from snow, ice and debris.
10.05 LESSEE shall provide the Leased Premises with a means or system
of waste or trash disposal.
11. INSURANCE• LIABILITY
11.01 It shall be the duty of LESSOR to insure the building against
damage from fire, tornado, civil disorder or any cause
whatsoever. It is expressly understood that LESSEE assumes by
this Lease Agreement no liability for such damages, except as
provided in this Lease Agreement.
-3-
D� -Sq3
11.02 LESSOR and LESSEE agree that each party will be responsible for
its own acts and the results thereo£ to the extent authorized
by law and shall not be responsible Por the acts o£ any others
and the results thereo£. LESSEE'S liability shall be governed
by the provisions of the Minnesota Tort Claims Act, Minnesota
Statutes, Section 3.736, and other applicable law.
11.03 LESSEE agrees that I,ESSOR assumes by this Lease Agreement no
liability for loss of LESSEE'S personal property resulting £rom
£ire, tornado, civil disorder, theft or any cause whatsoever,
except as may be attributed to LESSOR�S negligence, acts or
omissions as determined by a court of law.
12. MAINTENANCE AND REPAIRS
12.01 It.shall be the duty o£ LESSOR to maintain at its own expense,
� in working condition, all appurtenances within the scope of
this Lease Agreeme�t, including the maintenance of proper
plumbing, wiring, heating (and, where applicable, cooling)
devices and ductwerk.
1�.02
12.03
LESSOR shall, at i*s own expense, make such necessary repairs
so as to continue to provide all such service appurtenances as
are required by this Lease Agreement, provided, however, that
LESSOR shall not be responsible for repairs upon implements or
articles which are the personal property of LESSEE, nor shall
LESSOR bear the e�:pense of repairs to the Leased Premises
necessitated by dzmage caused by LESSEE beyond normal wear and
tear.
LESSOR shall, at its expense, on a quarterly'basis, lubricate
levelers, check a11 moving parts and structural members of the
levelers.
13. JANZTORZAL SERVICE
LESSEE shall provide 'anitorial services to the Leased Premises.
14. UTILITIES
LESSEE shall bear the cost o£
15. RENT SCHEDULE. Based on 14,452 usable square feet.
LEASE PERIOD
1/1/93 - 12/31/93
1/1/94 - 12/31/94
1/1/95 - 12/31/95
1/1/96 - 12/31J96
1/1/97 - 12/31/97
RATE PER
SO FT
$5.21
$5.47
$5.74
$6.03
$6.33
TOTAL
RENT
FOR LEASE
pk'RIOD
$75,294.96
$79,052.40
$82�954.44
$87,145.56
�9�.481.16
$415,928.52
MONTHLY
A EN
$6,274.5
$6,587.70
$6,912.87
$7�262.1
$7,623.43
-4-
03 -Sg�
16. REMODELING
16.01 LESSOR shall provide labor and materials £or construction of
the Leased Preaises as shown on the £loor plan and
speci£ications attached hereto as E�chibits A and C and by
reference incorporated as i£ £ully set £orth herein including,
but not limited to, the following:
a. adequate heating, ventilating and air-conditioning
system/adjustments to accommodate the floor plan layout;
b. construction of £loor-to-ceiling wall partitions vith
adequate acoustics;
c. installation of doors with hardware including locks as
required by LESSEE;
d. installation of electrical outlets and/or power poles;
e. installation o£ ceiling system including grid, ceilinq tile
� and lighting fixtures; and
' P ; f. • , � •
% 16.02 LESSOR agrees that the colors of wall covering shall match the
existing or be subject to approval by LESSEE.
16.03 LESSOR agrees to complete said remodeling set £orth above by
December 31, 1992.
/� 16.04 LESSEE agrees to LESSOR a lump sµm payment of S,r�� !
/J ,�.(��` r,ct�P FF Hu n i j) 5 XT�s/� �n
l�� "/� Dollars ($�n`{ 3(0l. g ) upon satisfactory completion of
� �� said work and�within thirty (30) days following receipt of
� invoice from LESSOR.
17. ADJUSTMENT OF COMMENCEMENT DATE
In the event LESSEE cannot take possession o£ the entire Leased
Premises on or befor2 JanuarV 1. 1993 then:
t
a. the commencement date sha11 be determined according to the date
LESSEE takes possession of the Leased Premises in its entirety. •
b. the parties shall, by Amendment to be executed in the same manner
as the execution of this Lease Agreement, establish the correct
commencement date and rental amounts. If the commencement date is
other than the first day of the month, the rent for the first
month of occupancy shall be prorated to an amount which is equal
to the product obtained by multiplying the monthly rental by a
fraction, the numerator (number of leased days in the month that
the Leased Premises are occupied) and the denominator (equal to
the number of days in a calendar month).
c. It is understood that LESSOR will make every effort to meet the
Januarv 1 1993 occupancy date.
18. TELECObiMUNICATIONS
LESSOR shall provide, at its expense, the following telecommunications
requirements:
a. establish and identify the location of the minimum point of
presence (MPOP) for dial tone service provided by the telephone
company;
-5-
O�-S97
b. provide a telecommun`cations eQUioment room for areal on the
floor(s) of which the Leased Premises is a part, including a
minimum of one (1) separately fused dedicated quad electric
outlet;
_ ,�..
� C• a. a F..�.. � ..
�� � r ' F .
� d. provide access for w=ring from the telecommunications eauioment
room (or areal on each floor to each workstation location on the
floor;
e. identi£y the access to the building grounding electrode; and
£. remove all cable/wiring that does not meet building code.
19. NOTICES
All notices, or communications between LESSOR and LESSEE shall be
deemed su££iciently given or rendered iP in writing and delivered to
either party personally or sent by registered or certified mail
addressed as follows:
LESSOR: Carlo LaManna
c/o Car-LO Properties
1700 Oakdale Avenue
West St. Paul, Minnesota 55118
LESSEE: State o£ Minnesota
Department o£ Administration
Real Estate Management Division
50 Sherburne Avenue, Room 309
St. Paul, Minnesota 55155
with a copy to the occupant of the Leased Premises.
All bi11s and statements Erom LESSOR to LESSEE shall be mailed or
personally delivered to the occupant o£ the Leased Premises.
20. USABLE SPACE MEASUREMENTS .
Zt is understood by LESSOR and LESSEE that the rent schedule is based
upon the number of usable square feet of space occupied by LESSEE.
Usable square £eet for purposes of the Lease Agreement and calculatinq
rent shall be computed by measuring the inside finished surface of
exterior walls to the inside £inished surface oP building corridor and
other permanent walls or to the center o£ walls separating the Leased
Premises Prom other tenant space. Zf more than 50� of an exterior
wall is glass, the dimension is taken from the glass line. Vertical
shaEts, elevators, stairwells, dock areas, mechanical rooms, and
utility and janitor roo�s are excluded. Restrooms, corridors, lobbies
and receiving areas which are accessible to the general public or used
in common with other tenants are also excluded. No deductions are
made Eor columns, pilasters or other projections to the building iE
each is less than four (4) square feet.
21. INSTALLATION OF LESSEE'S EOUIPMENT
LESSOR and LESSEE hereby aqree that LESSEE may have access to the
Leased Premises to install its equipment any time a£ter December 1�
1992. LESSEE�S installtion of this equipment does not constitute
commencment of this Lease Agreement, however, liability for the
equipment is set £orth in Clause il�above.
-6-
o � _s�z
22. OTHER CONDITIONS
22.01 LESSOR agrees to provide and maintain the Leased Premises and
the building of which the Leased Premises are a part with
� accessibility and Eacilities meeting code raqnirements £or
handicapped persons, pursuant to all applicable laws, rules,
ozdinances and regulations as issued by any £ederal, state or
local political subdivisions having jurisdiction and authority
in connection with said property.
22.02 LESSEE agrees to observe reasonable precautions to prevent
waste o£ heat, electricity, water, air conditioning any other
utility or any service, whether such is £urnished by LESSOR or
obtained and paid £or by LESSEE.
22.03 Pursuant to Mir.nesota Statutes, Section 16B.24, Subdivision 6,
this Lease Agreement is subject to cancellation upon thirty
(30) days written notice by LESSEE for any reason except rental
of other land or premises £or the same use.
22.04 LESSOR agrees that in exercising its management
responsibilities oE the property of which the Leased Premises
are a part, including the maintenance, repair, alterations and
construction relating thereto, it shall comply with all
applicable laws, statutes, rules, ordinances and regulations,
including but not limited to building code, disabilities
access, zoning, air quality, pollution control, recyclable
materials and prevailing wage requirements, as issued by any
£ederal, state or local political subdivisions having
jurisdiction and authority in connection with said property.
22.05 Pursuant to Minnesota Statutes, Section 1�B.06, Subdivision 4,
the books, records, documents and accounting procedures and
practices of LESSOR relevant to this Lease Agreement shall be
subject to examinafion by the State and/or Legislative Auditor
during normal business hours and a£ter reasonable notice to
LESSOR.
22.06 When applicable, LESSOR certi£ies that it has received a
certi£icate of compliance £rom the Commissioner o£ Human Rights
pursuant to Minnesota Statutes, Section 363.073, or that it has
not had more than 20 full-time employees at any time during the t
previous 12 mor.ths and claims exemption from Minnesota ,
Statutes, Section 363.073.
22.07 Pursuant to Minnesota Statutes, Section 16B.24, Subdivision 6
(d), LESSOR sha11 provide space £or recyclable materials.
SECLRR_LSE
-7-
03-Sg3
IN WITNESS WHEREOF, the parties have set their hands on the date(s)
indicated below intending to be bound thereby.
APPROVED:
STATE OF MZNNESOTA
pLANT MANAGEMENT DIVZSION
BY � m -� �
Title
Date /o�d3 �91
LESSOR:
CARLO LAM�NNA
CAR-LO PROPERTZES
By x l'G o�--"-°'�
Title ^s---"�
�
As to £orm and execution
OFFICE OF THE ATTORNEY GENERAL
Orlg'na) ll�ned bl°
ykT81C1A S. NOLTE
gY � Assistant
� Gane ��
Date OCT 26 1992
DEPARTMENT OF FZNANCE:
:f �]'>�f I\V GLJ
',.',�f=l��S'7�&�. OF FSi�A`:::'
.. . �. ¢��1! 9lgoed By
�� GSwia A. AIt
A�`�1y'�714��«f�;4�'�`_ '�.,,Nl'°.�tY
Title
Date /°��9v
�
LESSEE:
STATE OF MINNESOTA
DEPARTMENT OF ADMZNISTRATION
DANA B. BADGEROW� CO
gY �//iMM � C,pX�lJ
Real Estate Ma Division
Date �e�/ 9Z
• 0�-Sg�
IN WITNESS WHEREOF, the parties have set their hands on the date(s)
indicated below intending to be bound thereby.
APPROVED:
STATE OF MINNESOTA
PLANT MANAGEh1ENT DIVISION
s ,� � ���
Title �rti
Date lZ 9�9Z�
As to form and execution
OFFICE OF THE ATTORNEY GENERAL
���e ncr 15 1997
By
Legal Assistant
LESSOR: CAR-LO PROPERTIES� ZNC.
s .,� - l'hY�
Tit1e �-����
Date /�'� 9L
Ti
Original slgixd by:
PA�TRICIA S. NOLTE i
Legal Assistanf
Attomey Genera�'s O(fica
LESSEE:
STATE OF MINNESOTA
DEPARTMENT OF ADMINISTRATION
DANA B. BADGEROW� CO
sy�ld��m T C.a�
Real Estate Management Division
„�,. DEC 1 4 1992
DEPARTMENT OF FINANCE:
��%����
/�
-3-
o� •sq3
�
AGENCY
TYPE OF TRANSACTION
5
: 1. YKlUH iK Jt4 # L. IVIAL LtA�t YtH1UU TO
3. MONTHLY RATE 3
A nat /ZJO �� O� Enronaev (�, C�
❑ ❑ �a ��/ /D�D/ Enrorea Cv
A�S At8
AMENDMENT OF.LEASE
�'
Amendment No. 1 to
❑
PIt
Lease Agreement No. 10104
TH25 AGREEMENT made this 30th day o£ November. 1992 by and between
Car Lo Properties Inc a Minnesota corooration, 1700 West Oakdal
Avenue West St. Paul Minnesota 55118 Attn: Carlo LaManna,
hereinafter re£erred to as LESSOR, and the STATE OF MINNESOTA,
Department of Administration, hereinaPter referred to as LESSEE,
acting Eor the benefit of the Plant Manacrement Division: Resource
Recoverv shall be considered as an amendment and addition to Lease
Agreement No. 10104. .
S9ITNESSETH:
WHEREAS, LESSOR and LESSEE entered into Lease Agr�ement No. 10104,
dated october 28. 1992, involving the rental of anproximatelv 14_4
utive JVrcc� +i �-�•�^
WHEREAS, th_ parties deem certain amendments and additional terms and
conditions mutually beneEicial for the ef£ective continuation of said
Lease Agreement, '
NOW THEREFORE, LESSOR and LESSEE agree to substitution and/or addition
of the following terms and conditions which shall become a part of
Lease Agreement No. 10104, effective as of the date set Eorth
hereinaYter.
1. LESSOR and LESSEE hereby agree to changes in the floor plan
attached to the Lease Agreement as Exhibit A, as follows:
a
Delete glazing of four (4) exterior
windows
Add 8' X 11' concrete slab where metal
plate exists
c. Delete 6" ancle installation adjacent to
drywall partitions next to stairway
d. Installation of 1/3 hp overhead door
opener, industrial rated
� Wiring $285.00
' Opener & Installation S7s5.00
($2,400.00)
$2,008.00
($ 400.00)
$1,070.00
A
7
TOTAL $ Z7$•��
0 3 -S"'°13
Z, LESSEE agrees to pay LESSOR a lump sum payment of Two Hundred
SeventV Ei4ht and no/100 Dollars (5278•00) upon satisfactory
completion oY said work znd within thirty (30) days Eollowing
receipt o£ invaice from LESSOR.
3. Except as modified by the provisions of this Amendment,�said
Lease Agreement is ratified and confirmed as originally written.
-2-
�
�
AGENCY
TYPE OF TFANSACTION � �
AlQ !�{1
�
3. MONTHLY RATE
EniarW er
❑ ❑ ❑ Entxreev
G4 Al3 AId
p.MgNDMgNT OB LEAHS
. Amendment No. 2 to
Lease Agreement No. Ol 104
THIS AGREEMENT made this � day o£ December. 1992
SENO
'a `
and between Car_
hereinafter referred to as LESSOR, and the STATE OF MINNESOTa,
Department of Administration, hereinafter re£erred to as LESSEE,
acting for the bene£it oY the Plant Manaaement D�vision• Resource
Recovery sha11 be considered as an amendment and addition to Lease
Agreement No. 0 0 . �
WZTNESSETH:
WHEREAS, LESSOR and LESSEE entered into Lease Agreement No.
dated qctober 28 1992, involving the rental $pprp�cimate
-- ----- v..�,a�..,. i..�
WHEREAS, the parties deem certain amendments and additional terms and
cond3ticns �utualiy bene£icial £or the e££ective continuation o£ said
Lease Agreement, .
NOW THEREFORE, LESSOR and LESSEE agree to substitution and/or addition
of the Eollowing terms and conditions which shall become a part of
Lease Agreement No. �0703, effective as of the date set forth
hereinafter. �
1. LESSOi2 and LESSEE hereby agree that LESSEE has contracted
separately for maintenance of the security system, therefore,
$.05 per square foot per year will be deducted £rom the rate per
square foot�set £orth in Clause 15 of the Lease Agreement, as
£urther shown in Clause 4, below.
2. Clause 9.10 of the Lease Agreement is deleted in its entirety.
3. Clause 3 0£ the Lease Agreement is canceled and superseded with
the Eollowinq:
3. As rent for the Leased Premises and in consideration for all
covenants, representations and conditions of the Lease
Agreement, LESSEE agrees to pay to LESSOR the svm of ou
Rundred Twelve Thousand Three Hundred Fifteen and 56/l00
Dollars fS412.315.561 for the term oP the Lease Agreement,
such amount shall be paid in accordance with the rent
schedule set forth in Clause 4 of this Lease Amendment, each
monthly payment to become due and payable at the end of each
calendar month.
os-�q�
7
.�
, . • � • . � ��,. � O� -Sq3
4. Clause 15 of the Lease Agreement is canceled and superseded with
the following: �
15. RENT SCHEDULE. Based on 14,452 usable square £eet.
RENT
RATE PER FOR LEASE MONTHLY
TEASE PERIOD SO FT PERTOD PAYMENT
1/1/93 - 12/31/93 $5.16 � $74,572.32 $6,241.36
1/1/94 - 12/31/94 $5.42 $78 $6�527.49
1/1/95 - 12/31/95 $5.69 $82�231.92 $6�852.66
1/1/96 - 12/31/96 $5.98 $86�422.92 $7�201.91
1/1/97 - 12/31/97 $6.28 $90,758.52 $7�563.21
TOTAI, $412�315.56
5. Except as modified by the provisions o£ this Amendment, said
Lease Agreement is ratified and confirmed as oriqinally written.
•
t
u
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;.
ZN WITNESS WHEREOF, the parties have set their hands on the date(s)
indicated below intending to be bound thereby.
APPROVED:
STATE OF MINNESOTA
PLANT MANAGEMENT DIVZSZON
By �.(lWivi� ///�
Title - �"—
Date �Z—/6-�/�
LESSOR: CAR-LO PROPERTIES, ZNC.
By ' :r G�.�—a—
Title
Date��9/4
sy
Ti
As to form and execution
OFFZCE OF THE.ATTORNEY GENERAL
DEC 22 19y�
Date
O�t91^m{ �a� ks�1t
By P �Up 5. NOL7E
���q��'
AttomeY
DEPARTMENT OF FZNANCE:
�r�9ina� ��9ned By
lan Hnier
DEC 3 0 199P
LESSEE:
STATE OF MZNNESOTA
DEPARTMENT OF ADMINISTRATZOH
DANA B. BADGEROW� COMMZSSIONER
By ��P•.�� .T ��o
Real Estate Management Division
oEC � a issz
-3=
O'� —S`t3
t
- � . �� � . � . �� . . 03-Sq�
STATE OF MINNESOTA
p.MENDMENT OF LEASE
Amendment No. �. to
Lease Agreement No. �0�04
AccountinQ Information:
Proceving 7ntormation: l �
�a i�o48 � n� z�-q� � o�� 3 i i'&oc��� ii-zl� G� I�.�-
Contract: Numbcr/DatdSignecures
Numba/DatdE¢try Signan:re
- [Indrvidnal signing certi�c (hat fund= fimz been
mcumbrred m �ePU'ved by Ffinx S(at 816AIS/
�*nvo
THIS AGREEMENT made this 11th day of mLer, iq97 by and between -
a-n„�r+;o�, Znc._, a h_n*+PSOta corporat;on �700 West oakdalP._AVenve. We=t
�,. Pau� . Tiinnesota _55_�8. n+r.,• carlo LaManna, hereina£ter re£erred to as r
LESSOR, and the State of Minnesota, Department of Administration,
hereinafter re£erred to as LESSEE, acting £or the benefit of the p an
ranaaement D`"�^'on• ResoLrce Recovery, shall be an amendment and addition
to Lease Agreement No. 1919.4• .
WITNESSETH: �
dated
'WFIEREAS, LESSOR and LESSE£ entered into Lease Agreement f°nr�n4Thousan
llrtnhar 28. 1992. involving the rental of approximately4F;^Q �T� ehnn
and
WHEREAS� the partzes deem certain amendments and additional terms and
conditions mutually bene£icial for the effective continuation o£ said Lease
Agreement,
NOW THEREFORE, LESSOR and LESSEE agree to substitution and/or addition of
the £ollowing terms and conditions which shall become a part of the Lease
Agreement No. 141Q4 effective as of the date set forth hereinafter.
1. LESSOR and LESSEE hereby agree thaf this LeVS�rsgr o�encinalonbe
renewed for an additional term of n�-- hPY zl 002 at the same
��n��= i. 199a and continuing through ..�--�
� terms and conditions as set forth in the Lease Agreement, except as
........:....a F�.- r,,�,-e;�.
. . . . O� S93
2. LESSEE shall pay LESSOR £o= the renewal term according to the
£ollowing rent schedule:
� . � •�
1/1/98-12/31/9
1/1/99-12/31/9
1/1/00-12/31/0
1/1/01-12/31/Ol
1/1/02-12/31/0
RATE PER
SO FT
$ 6.84
$ 7.17 48
$ 7.52 ��
$ 7.88 a 8
$ a.zs u.Y
TOTAL
:�I •� �
RENT
FOR LEASE
pF.RIOD
$ 98,851.68
$103,620.84
$108�678.84
$113�881.80
S>>9.373.48
$544�406.644
•
� �V \
$8�237.64
$8,635.07
$9�056.57
$9�490.15
$9�947.79
3.1 LESSOR sriall, at its expense, provide labor and materials in
order to remodel and/or repair the Leased Premises as £ollows:
a
+' b
!
c
3.2
3.3
installation of new garage door with view window protected
from breakage. �
balancing o£ HVTC system £or even heat distribution.
installation of additional baseboard heater in lunchroom.
d. interior repainting of south side of building; touch-up
painting in balance of interior building.
e. repaii damaged concrete floor in south side o£ building.
£. installation of new doorbell system.
g. installation of motion sensor lighting controls in restrooms
and in lunchroom.
h
i
7
k
repair of excerior damage co air vent located on wa11
adjacent to loading dock.
check ceiling support structure and reinforce, i£ necessary.
repair and regrading of asphalt and installation o£ new
drainage system in the loading dock driveway.
repaint exterior o£ building.
LESSOR agrees to complete remodeling and repairs set forth in
above items lettered "a." through "i" by Tanvar��.] _12$i and to
complete above items lettered "j" through "k" by Mav �5. �998.
LESSOR agrees that all materials and £inal results of the
remodeling and repairs set forth in clause 3,1 hereof shall be
to LESSEE'S satisfaction. .
4. Clause 11 0£ the Lease Aqreement is hereby canceled and superseded by
the £ollowing: �
11. TNS m�_AN�F.
11.1 Property Damage. It shall be the duty of LESSOR and
LESSEE to maintain insurance or self-insurance on their
own property, both real and personal. Notwithstanding
anything apparently to the contrary in-this Lease
Agteement, LESSOR and LESSEE hereby release one another
and their respective partners, officers, employees and
property manager from any and all liability or
responsibility to the other or anyone claiming through or
under them by way of subrogation or otherwise for loss or
damaqe, even if such loss or damage shall have been caused
�
: = � : �. � � � . � 07 -593
by the £a�:1t or negligence of the other party, or anyone
for whom such party may be responsible.
11.2 Liabil3ty. LESSOR and LESSEE agree that each party will
be responsible Eor its own acts and the results thereo£ to
the extent authorized by law and shall not be responsible
for the acts of any others and the results thereof.
LESSEE'S liability shall be governed by the provisions of
the Minnesota Tort Claims Act, Minnesota Statutes, Section
3.736, and other applicable law.
Clause 12 of the Lease Agreenent is hereby canceled and superseded by
the Eollowing:
12. Ma�n na� , �
a. LESSOR shall maintain in working condition all appurtenances
within the scope of this Lease Agreement, including the
maintenance of proper plumbing, wiring, heating (and, where
applicable, cooling) devices and ductwork.
b. LESSOR shall document maintenanee on the heating,
ventilating and air conditioning system i.e, Pilter changes
and cleaning methods and procedures.
Air Conditioning Cooling Equipment:
( i) The primary fresh air cooling system. All interior
sur£aces of the ductwork within £ive (5) Eeet
downstream and £ive (5) feet upstream of the cooling
coils, the cooling coils and its drainage systems
sha11 be cleaned with a coil cleaning solution. Trie
cleaning shall be performed in March or April and in
September or october o£ each ydar. I£ fiberglass
interior liners are located within £ive (5) feet
upstream and downstream o£ the cooling coils, LESSOR
sha11 either remove the fiberglass liner down to bare
metal or cover it with non-permeable material such as
galvanized metal.
(ii) The secondary cooling system, such as heat pumps.
All interior sur.£aces oE the ductwork within two (2)
Eeet downstream of the cooling coils, the cooling
coils and its drainage systems sha11 be cleaned with
a coil cleaning solution. The cleaning sha11 be
performed at least once in every two (2) year period.
I£ £iberglass interior liners are located within two
.(2) feet downstream of the cooling coils, LESSOR
sha11 either remove the £iberglass liner down to bare
metal or cover it with non-permeable material such as
galvanized metal.
6. VonfilatiOri'
a. LESSOR shall provide a minimum oE 20 cubic feet o£ outdoor fresh
air per minute per person to the Leased Premises as�outlined in
Table 2 of ASARAE (American Society o£ Heating, Re£rigeration and
Air Conditioning Engineers, Inc.) Standard 62-1989- An air
cleaning device shall be used in the ventilation system which
�filters the outdoor air and sha11 have a minimum filtration
efficiency rating of 30 percent as measured by ASHRAE Standard
� 52-76 Atmospheric Dust Spot E£ficiency Rating. Zf air filters
are used, LESSOR sha11 change the filters at least three (3)
times per year, preferably in March, July and November, or more
often as required.
b. Where there is a secondary filtration system, such as buildings
with heat pumps, the secondary filtration system shall have a
minimum filtration efEiciency-rating of ten (10) percent as
measured by ASHRAE Standard 52-76 Atmospheric Dust Spot
Efficiency Rating. Zf air filters are used, LESSOR shall change
. _ . _ - .- . . oa -s��
the filters at least two (2) times per year, or more often if
required. -
7. DFFAT7TT BY LFSSOR
Zf LESSOR shall dePault in the per£ormance o£ any o£ the terms or
provisions of this Lease Agreement,.LE55EE shall promptly so notify
LESSOR in writing. 2£ LESSOR shall £ail to cure such default within
thirty (30) days after receipt of such notice, or i£ the de£ault is of
such character as to require more than thirty (30) days to cure, and
LESSOR shall fail to commence to do so within thirty (30) days after
receipt oE such notice and thereafter diligently proceed to cure such
default, than in either event, LESSEE may cure such default and any
� reasonable and actual expenses paid by LESSEE shall be paid by'LESSOR
to LESSEE within ten (10) days aPter statement there£ore is rendered.
LESSEE sha11 have a speci£ic right to set-of£ any such amounts against
- any rent payments or other amounts due under this Lease Agreement. In
lieu of curing said de£au1t, LESSEE shall have the speci£ic right to
- set-o££ against any rent payments or other amounts due under this
Lease Agreement any damages incurred through the LESSOR'S breach.
This provision in no way limits LESSEE'S other remedies £or breach
under common law or this Lease Agreement. �
8. SMOiC7N
r"'
pu'rsuant to Minnesota Statute 16B.24, Subd. 9(1993j, occupants of the
Leased Premises shall not smoke nor permit smoking in the Leased _
Premises.
9. Clause 22.03 of the Lease Agreement is hereby canceled and superseded
by the £ollowing:
22.03 Pursuant to Minnesota Statutes, Section 16B.24, Subdivision 6,
this Lease Agreement is subject to cancellation upon thirty
(30) days written notice by LESSEE for any ieason except lease
oE other non-state-owned land or premises for the same use.
10. Clause 22.06 0£ the Lease Agreement is hereby canceled and superseded
by the £ollowing:
22.06 When applicable, LESSOR certifies that it has received a
certiEicate o£ compliance from the Commissioner of Human
Rights pursuant to Minnesota Statutes, Section 363.073, or
that it has not had more than 40 full-time employees at any
time during the previous 12 months and claims exemption from
Minnesota Statutes, Section 363.073.
li. Except as modified by the provisions of this Amendment, said Lease
Agreement is rati£ied and con£irmed as originally written.
:!
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ZN WITNESS WHEREOF, the parties have set their hands on the date(s)
indicated below intending to_be bound thereby.
APPROVED:
STATE OF MINNESOTA
pLANT AGEMENT DZVISION
gy /I e'+�`_
�'itle ��
Date �� ��/y
As to £orm and execution
OFFICE OF THE ATTORNEY GEN FRA 7,
gy \ p,�' n. ��
Legal Assistant
Date � \�1F� `�
LESSOR:
CAR-LO PROPER�E � INC.
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Date �2
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LESSEE:
STATE OF MINNESOTA
DEPARTMENT OF ADMINISTRATION
ELAZNE S. SEN, COMMI
BY o� nr n� l�Q%{�
Real Estate Management Division
Date /�����
7
09• Sg•�
STATE OF MINNESOTA
AMENDMENT OF LEASE
Amendment No. 4 to
Lease Agreement No. 10104
information:
2:
Appr.
Processinglnformation:
Contrad: T " l�J I � �
NumOedDatelEntry Signature '
(Indlvldual stgning certifies fhat funds have been
encum6ered as reqvired 6y Mfnn. Sta2. § 16A.15.j
THIS AGREEMENT made this 30th day of June. 2000, by and between Car-to Properties, Inc. a
55118, hereinafter referred to as LESSOR, and the Stafe of Minnesofa, Department of
Administration, hereinafter referred #o as LESSEE, acting for the benefit of the Plant Manaqement
Division� Resource Recove , shali be an amendmenf and addition to Lease Agreement No. 10104.
WITNESSETH:
WHEREAS, LESSOR and LESSEE entered into Lease Agreement No. 10104, dated October 28.
1992, involving the rental of approximately fourteen thousand four hundred fift�two (14 4521 usable
sg uare feet of space comprised of 12 800 usable sq uare feet on the first floor and 1,652 usable
s�c uare feet o� the second floor of the buildinc�located at 606 Olive Street in St Paul ("Leased
Premises"1 to be used as office and shop space, and
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�
WHEREAS, the parties deem certain amendments and additional ferms and conditions mutually
beneficial for fhe effective continuation of said Lease Agreemeht,
NOW THEREFORE, LESSOR and LESSEE agree to substitution and/or addition of the following
terms and conditions, which shall become a part of the Lease Agreement No. 10104 effective as of
the date set forth hereinafter.
1
�
LEASE RENEWAL
LESSOR and LESSEE hereby agree that this Lease Agreement shall be renewed for an
additional term of five (5 1 vears, cornmencing on Januarv 1. 2003 and confinuing through
December 31. 2007 ("Renewal Term"), at the same terms and conditions as set forth in the
Lease Agreement, except as provided for herein.
iRENT
2.1 LESSEE agrees to pay to LESSOR for the Renewai Term the sum of six hundred
eiqhtv eiqht thousand seven hundred ninefi! nine and 04/100 dollars ($688.799.04);
such amount sha!I be paid in accordance with the rent schedule set forth below.
SQUARE
FEET
14,452
14,452
14,452
14,452
14,452
RATE PER � RENT FOR MONTHLY
gq. FT, LEASE PERIOD PAYMENT
LEASE PER10D
01/01/d3 - 12/31/03
01/01/04 - 12J31/04
01/01/05 - 12/31/05
01/01/06 - 12/31/06
01/01/07 - 12J31/07
$8.66 $125,154.36
$9.08 $131,161.68
$9.51 $137,457.48
$g,g7 $144,055.44
$10.45 $150,970.08
TOTAL $688,799.04
$10,429.53
$10,930.14
$11,454.79
$12,004.62
$12,580.84
2.2 LESSEE agrees to pay LESSOR the monthly rent set forth above at the end of each
calendar month and mail or deliver said payments to:
2
0� -:5�.�
a
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�
2.3
Car-Lo Properties, Inc.
Attn: Carlo LaManna
4700 Oakdale Avenue
West St. Paul MN 55118
All originai bifls and statements from LESSOR to LESSEE shall be mailed or personally
delivered fo:
Stafe of Minnesota
Piant Management Division
Attn: Accounts Payable
117 University Avenue
St. Pau1, MN 55155
RENEWAL TERM REMODELING ALLOWANCE
3.1 LESSOR shali provide LESSEE with a Renewal Term Remodeling Allowance of
sevenfv two thousand two hundred sixtv and no/100 dollars ($72.260.00) for
remodeling of the Leased Premises during the Renewal Term. Said Renewai Term
Remodeling Allowance represents 5.00 per square foof for the 14.452 usable square
feet contained within the Leased Premises, and shall be provided by LESSOR in three
� annual Distributions upon the commen'cement date of each of the firsf three 3
lease years oi the Renewal Term in amounts as follows:
DISTRIBUTION #
Disfribufion 1
Distribution 2
Distribufion 3
DATE
January 1, 2003
January 1, 2004:
January 1, 2005:
Total:
AMOUNT
$24,086.67
$24,086.67
$24,086.66
$72,260.00
,
,'
3.2 Said Renewaf Term Distributions Nos. 1 through 3 shaf( be used for remodeling and
improvemenfs to the Leased Premises based on a mutualiy agreed plan, and shali not
be used fo fund any repair and/or maintenance costs which are set forth in this Lease
Agreement as LESSOR'S responsibility. Solely at LESSEE'S option, said Renewal
Term Distribufions may be used by LESSEE at any time for remodeling during the
Renewal Term whether used in increments of any amount, or in accumulated Renewa(
,
Term Disfributions of any amount.
OPTION TO RENEW
4.1 LESSOR grants and LESSEE accepEs the righf to one 1 Option to Renew this Lease
Agreement for a period of five (5) vears, commencing JanuaN 1 2008 and continuing
3
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4.2
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through December 31. 2012 ("Option Period"), at the same terms and conditions as this
Lease Agreemenf, except for the payment of rent which shall be as more particularly
provided in clause 4.3 below.
To exercise the above noted Option to Renew, LESSEE must indicate to
LESSOR in wrifing on or before June 30, 2007 of its intenf to exercise said
option.
Opfion Period Rent
LESSEE agrees to pay to LESSOR as rent for the Option Period the sum of eiqht
hundred seventv thousand nine hundred fortv one and 16/100 dollars !$870,941.16);
such amounf shall be paid in accordance with the rent schedule sef forth below:
OPTION PER10D
01/01/08 - 12/31/08
01/01J09 - 12�31/09
01/01/10 - 12/31/10
01/01/11 - 12/31/11
01l01(12 - 12/31/12
SQUARE RATE PER
FEET SQ. FT.
14,452 $10.95
14,452 �11.48
14,452
14,452
14,452
$12.'03
$12.60
$13.21
TOTAL
RENT FOR
OPTI ON
PERIOD
$158,249.40
$165, 845.40
$173,805.96
$182,148.60
$190,891.80
$870,941.16
MONTHLY
PAYMENT
$13,187.45
�13,820.45
$14,483.83
$15,179.05
$15,907.65
Option Period Remodelinq Allowance
a. In the event LESSEE exercises its Option to Renew as set forth herein, LESSOR
shall provide LESSEE with a Option Period Rerriodeling Allowance of seven
two thousand two hundred sixtv and no/100 doilars ($72,260.00) for remodeling
of the Leased Premises during the Option Period. Said Option Period
Remodeling Allowance represents 5.00 per square foot for the 14.452 usable
square feet contained within the Leased Premises, and shail be provided by
LESSOR in three 3 annuai Distributions upon the commencement date of each
of the first three 3 lease years of the Option Period in amounts as follows:
�
. . , p � . S�9�
5
DISTR(BUTION # DATE AMOUNT
pistribufion 4 January 1, 2008 $24,086.67
Distribufion 5 January 1, 2009: $24,086.67
Distribution 6 January 1, 2010: $24.086.66
Total: $72,260.00
5.
b. Said Option Period Distributions Nos. 4 through 6 shall be used for
remode(ing and improvements to the Leased Premises based on a
mutua({y agreed pian, and shatt not be used to fund any repair and/or
maintenance costs which are set forth in this Lease Agreement as
LESSOR'S responsibility. Solely at LESSEE'S option, said Option Period
Distributions may be used by LESSEE at any time during the Option
Period, whether used in increments of any amount, or in accumulated
Option Period Distributions of any amount.
EMINENT DOMAIN
In the event of a taking of any portion of fhe Leased Premises which would make the
remainder of the Leased Premises untenantable, in the sole but reasonable opinion of
LESSEE, this Lease Agreement shail terminate on the date of such taking, and the rent
required to be paid by LESSEE hereunder shall be apportioned and paid to the date of such
taking. In the event of any such taking, LESSOR and LESSEE shall together make one claim
for an award for their combined interests in the property and the net award received (after
deduction of reasonable fees and expenses of collection, including, but not limited to
reasonable attorneys' fees) shall be paid to LESSOR (inciuding the value of the leasehoid),
except that LESSEE shall be entitied to any separate award made for its trade fixtures, o� for
moving and moving-related expenses inciuding, but not limited to, the following: •%
�
d.
e.
f.
�
h.
i.
1•
transportation of personai property up to fifty (501 miles.
packing, crating, unpacking and uncrating.
disconnecting, dismanfling, removing, reassembling and reconnecting of personal
property �
storage of personal property, if required, up to twelve (12) months.
insurance for the replacement value of the personal property.
any license, permit or certification required at the replacement site. The cost must be
reasonable and necessary, and may be based on the remaining useful life of the
existing term.
professionai services necessary for move planning, moving and instaliation of personal
propetty.
re-lettering of signs and replacing stafionery made obsolete as a result of the move.
reasonable cost incurred in trying to sell an item that is not relocated.
actual direct cost of tangible personal property.
5
O� -Sq�
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j. actuai direct cost of tangible personal property.
k. purchase and installation of "substitute" personal property.
I. expenses in searching for a replacement site up to $1,000.00.
m. reestablishment expenses up to $10,000 which include: .
1) repairs and improvements of site.
2) modifications to site.
3) construction and instailation of exterior signs.
4) provision of utilities from the right of way to improvements on the replacement
5)
6)
7)
8)
9)
site.
redecoration or rep{acement of surfaces such as paint or carpeting,
licenses, fees and permits not paid under moving expenses.
feasibility surveys, soil fesfing and marketing studies.
advertising fhe replacement site.
professional services in connection with the purchase or lease of replacement
site.
10) estimated increase in operating costs during the first two years at the
repiacement s+te.
11) impact fees on one-time assessments for anticipated heavy utility usage.
6.
7
Clause 22.05 of the Lease Agreement is hereby canceled and superseded by the following:
AUDIT
Pursuant to Minnesota Statutes, Section 16C.05, Subdivision 5, the books, records,
documents and accounting procedures and practices of LESSOR relevant to fhis Lease
Agreement shall be subject to examination by the State andlor Legislative Auditor, as
appropriate, for a minimum of six (6) years.
Clause 22.06 of the Lease Agreement and Ciause 10 of Amendment 3 to the lease
Agreement are hereby canceled and superseded by the following:
AFFIRMATIVE ACTION:
7.1 For all contracts in excess of $100,000.00, LESSOR certifies pursuant to Minn. Stat.
§363.073 that: (a) LESSOR has not had more than 40 ful�-time empioyees at any time
during the previous twelve months; OR (b) if LESSOR has more than 40 full-time
empioyees within the State of Minnesota on a single working day during the previous
tweive months, that it has an.a�rmative action plan pursuant to the requirements of
Minn. Stat. §363 for the employment of minority persons, women and qualified disabied
individuais approved by the State of Minnesota, Commissioner of Human Rights; OR
(c) if LESSOR does not have 40 full-time employees within the Sfate of Minnesota on a
singie working day during the previous twelve months, but has had more than 40 full-
time employees on a single working day during the previous twelve months in the state
in which it has ifs primary place of business, then (1) LESSOR has current Minnesota
�
.o� -sg�
7
certificate of compliance issued by the Minnesota Commissioner of Human Rights, OR
(2) LESSOR cer�ifies thaE it is in compliance with federal Affirmafive Action
requirements.
7.2 If LESSOR has more than 40 fuii-time employees within the State of Minnesota on a
single working day during the previous twelve months. LESSOR shall compiy with the
following Affirmative Action requirements for disabied workers:
Minnesota Rule 5000.3550-DISABLED INDIVIDUALS AFFIRMATIVE ACTION
CLAUSE. •
a. LESSOR shali not discriminate against any empioyees or applicant s for
emplbyment because of physical or menta{ disability in regard to any position for
which the employee or applicant for employmenf is qualified. LESSOR agrees to
take affirmative action to empioy, advance in employment, and otherwise treat
qualified disabled individuals without discrimination based upon their physical or
mental disability in all employment practices such as the recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticesfiip:
b. LESSOR agrees to comply with fhe rules and relevant orders of the Minnesota
Department of Human Rights issued Pursuant to the Minnesota Human Rights Act.
c. ln the event of LESSOR'S noncompliance with the requirements of this clause,
actions for noncompliance may be taken in accordance with Minn. Stat. §363.073
and the rules and relevant orders of the Minnesota Department of Human Rights
issued pursuant to the Minnesota Human Rights Act.
d. LESSOR agrees to post in conspicuous places, available fo employees and
applicants for emp�oyment, notices in a form to be prescribed by the commis�ioner
of the Minnesota Department of Human Rights. Such notices shall state
LESSOR'S obligation under the law to take affirmative acfion to employ and
advance in employment qualified disabled employees and applicants for
empfoyment, and the rights of applicants and employee.
e. LESSOR shall notify each labor union or representative of workers with which it
has a collective bargaining agreement or other contract understanding, that
LESSOR is bound by the terms of Minn. Stat. §363.073 of the Minnesota Human
Rights Act and is committed to take affirmative action to employ and advance in
employment physically and mentally disabled individuals.
8. Except as modified by the provisions of this Amendment, said Lease Agreement is ratified and
confirmed as originally written.
Fi
. . . � D� =Sq�
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IN WITNESS WHEREOF, the parties have set their hands on the date(s) indicated below intending to
be bound thereby. �
APPROVED:
STATE OF MINNESOTA
PLANT MANAGEMENT DIVISION
LESSOR:
CAR-LO F
�/ 7 / - � ��("�// 7 ���
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Title i �'2G��" L1#�"�
Date �/7 D�
,
1 ,.
As to form and execution
OFFICE OF THE ATTORNEY GENERAL
g �4,
Legal Assistant
Date � � ��
�/��-�"/�r
Date � �
�'�1
LESSEE:
STATE OF MINNESOTA
DEPARTMENT OF ADMINiSTRATION
COMMISSIONER C�'L��
By Xl�.l,� ( /7 /
Real Estate Management Division
JUL 2 6 2000 �
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