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04-723Council File # �• �Z3 Green Sheet #3020317 RESOLUTION OF SAINT PAUL, MINNESOTA Presented b} Referred To 1 � 3 n u Committee Date S RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached Memarandum of Understanding between the City of Saint Paul and Tri-Council I,ocal 49, Local 120 and Local 132 to modify Article 1(Recognition) of the Collective Bargaining Agreement to include temporary employees as part of the bargaining unit. Benan Bostrom x�s Helgen I.antry Mo �II AdoF Ado� By: Appt B Yeas � NaVS I Absent I Requested by Depaxhnent of. � Office of Human Reso ces ✓ � BY . �/S oy ✓ ✓ � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet __.. 11�.�� "f�'� Departrnentloffice7couneil: Date Inifiated: v � � �� Hu �u,�� ,��-� Green Sheet NO: 3020317 Conhct Person 8 Pfione• Deoarhnent Sent To Person IniSaVDaYe Jason Schmidt � o nr 266-65�3 ASSign I uman Resoarces artrnent Director � Must Be on Couneil qqenda by (Date): Number 2 For RoUting 3 a o' ffice Ma or/ istant Order 4 �� 5 lerk i leck ToWI # of Sig�ature Pages _(Clip All Locations for Signature) Aciion Requested: Approval of the attached Memorandum of Understanding between the City of Saint Paul and Tri-Council Loca149, Local 120 and Loca1132 to modify Article i(Recognition) of the Collective Bazgaining Unit to include te�orary employees as part of the bazgaining unit Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Pollowing Questions: - Pla�ning Commission - --"- - �. Has this person7firm ever worked under a coniract for this departmenY? CIB Committee Yes No - Civil Service Commission __ 2. Has this_person/firm ever Geen a city employee? _ __ --- -- - - - Yes No - - 3. Does this persoNfirm possess a skili not nortnally passessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, tssues, Opportunity (Who, What, When, Where, Why): Confusion regazding who was included as a membeT of the unit. Advantastes If Approved: All parties cleaz on who is a member of the union. Maintain a positive relationship with the union. Dlsadvantages if Aoproved; �� pn@ap None ' �� 2�� Disadvantages If Not Approved: CoIItined confusion regarding membership in union, possible grievances and additional costs to resolve the issue. Totai Amount of Cost/Revenue Budgefed: Trensaction: FandinpSource: ActiviEVNumber: �UL 1 6 2��4 i Finaneiailrtformation: MAYOR OFFICE (E.tplain) �� I l I I ti .- pK-l13 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (hereinafter "MOU") is made and entered into by and between the City of Saint Paul (hereinafter "City"), and the Tri-Council, L,ocal 44, Local 120, and Local 132 (hereinafrer "Union") to modify Article 1(Recognition) of the Collective Bazgauvng Agreement between the City and Union to include temporary employees as part of the bazgaining unit. Article 1 of the Collective Bazgaining Agreement will be changed as follows: ARTICLE I - RECOGNITION 1.1 The Employer recognizes the Union as the sole and exclusive collective bargaining agency for a11 employees that have been certified by the State of Minnesota, Case No. 73-PR-427-A, as follows: All employees of the City ofSaint Paul in the class�cations ofAsphalt Plant Operator, Assistant Gardener, Assistant Golf Course Superintendent„ Bridge Crew Leader, Bridge Maintenance Warker, *Driver-Operator, Driver-Operator--Water Utiliry, Foreshy Crew Leader, Garden Laborer, Gardener, Golf Ranger, Grounds Crew Leader, *Groundsworker, *Groundsworker--Water Utility, Heavy Equipment Operator, Heavy Equipment Operator--Sewer Utility, Heavy Equapment Operator--Water Utility, Jet Sewer Cleaner Operator, Labor Crew Leader, Lead Gardener, N�odifzed Dury YVorker—Stores Laborer, Mod�ed Duty Worker - Water Utility Worker II, Modifzed Duty Worker - Grounds Crew Leader, Parks Worker I, Parks YVorker I- Operation/Como Campus, Parks Worker II, Parks Worker III, Revolving Power Equipment Operator, Sewer Crew Leader, Sewer Services YVorker, Stores Laborer, Street 5ervices YYorker, *Tractor Operator I, Tree Worker, *Unskilled Laborer, Utility Azde, YYater Service 13'orker--Control Desl� Water System Worker I, Water System YVorker II, Water Utility Worker 1, and Water Utility Worker II who work more than 14 hours per week and more than 100 work days per year, excluding Supervisory, Conf dential, t�mpsr�r}r, emergency, and employees exclusively represented by other labor or employee organizations. The paYties agree that any new classifzcations which are an expansion of the above bargaining unit or whick derive fi�om the classifzcations set forth in this Agreerrzent shall be recognized as a part of this bargaining unit, and the parties shall take all steps regui�ed under the Public Employment Relations Act to accomplish said objective. 1.2 The Employer agrees not to enter into any contYactuaZly binding agreements with any employee or representative not authorized to act on behalf of the Union. There shall be no individual agreements with arry employees that conflict with the terms of this � p�y--�23 Agreement, and any such agreement or contract sha11 be nu11 and void 1.3 The Employer agrees to give the Union the right to supply fifty percent (50%) of aZ1 new quaZified referrals for work as temporary employees. 1.4 It is recognized that temporarv errzplovees are within the unit covered bv this a�reement. However, except as specifrcall�provided bv this agreement, temporarv emplovees shall not have nor acquire anv ri�hts or benefzts other than spec�calltiprovided bv the provisions of the Civil Service Rules. CITY OF SAINT P UL �� ason Schmidt Labor Relations Manager Date: �" / O TRI-COUNCIL C �� ` �� ' Tom Ohlson L cal 120 �� 1�- E�/ Darrel Haraldson Loca149 ° b� �„"� Tom Besaw Local 132 G�\Shared�I.RCOPRrfOMCOMAACT�SRICNCI\03-04NROU-tempso628a4 wpd Council File # •� Green Sheet# 206668 Presented By: RESOLUTION OF SAINT PAUL, MINNESOTA 1 Referred To: Committee:Date: 1 WHEREAS, the City of St Paul, Police Department, has entered into a lease agreement with Knutson 2 Construcrion Services; and 3 4 WHEREAS, Knutson Construction Services will pay monthly rent to the City of St. Paul to use office 5 and parking space at the Public Safety Building located at 100 East llth Street; and 6 7 WHEREAS, a 2004 financing and spending plan needs to be established for the lease agreement with 8 Knutson Construction Services; and 9 10 WHEREAS, the Mayor pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify that 11 there are available for appropriation funds of $20,268 in excess of those estimated in the 2004 budget; and 12 13 WHEREAS, the Mayor recommends that the following addition be made to the 2004 budget: 14 15 CURRENT AMENDED 16 BUDGET CHANGES BUDGET 17 001 - Genera► Fund 18 FINANCING PLAN: 19 04340 - Building Maintenance 20 4399 - Services 0 20,268 21 Total Changes to Financing 20,268 22 23 SPENDING PLAN: 24 04340 - Building Maintenance 25 0377 - District Heating 112,752 20,268 26 Total Changes to Spending 20,268 20,268 133,020 27 28 THEREFORE BE IT RESOLVED, that the City Council approves these changes to the 2004 budget. 29 Requested Police rldopted by Council:Date: /O� Adoption Certified by Council S retary: By: � Approved by 4 or:Date: " � ti By. (�%' L��i�i c 04340 Lease of 100 East 11th Str t tlaeLCr2004 � of: tSpprov�}�Itesommended by Financfial Services: �y. Fornyel�ir7�ved y City Atto� � Mayor for ' DEPARTMENTfOFFICE/COUNqL DATE INITIATED . Police 7/6/04 GREEN SHEET No. 206668 C . A PERSON&PHON INITIHVDATE INRIAIJDATE Chief John Harrington 266-5588 7�amn�ro�cr�a 5 m�o�x�� _■■■ MUST BE ON COUNCIL AGENDA BY (DATE) �� I � PleaseprocessASAP. 3�crnnrroar+Er ❑cnvc�wc � � L IFNqNCIpLSEiMCES WR_ ' v �ru�nn..uu.SERVIACCTG ��J � � -r pxnTfMlORA356TANi1 , �nuMANRWHi3 �...� u r� TQTA� # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS F�R SIGNATURE) �.� ACTION REQUESTED Approval of the attached wuncil resolution establishing a 2004 financing and spending plar. for lease agreement PD36 between the City of St. Paul, Police Department, and Knutson Consffuction Services. RECOMMENDATION Approve (A) o� Reject (R) PERSONAL SERVICE CON7RACT5 AAUSTANSWER THE FOLLOWING �UESi70N5: � 1. Has fhis persoNfirm ever worked under a conVac[ for this tlepartment? PLANNING COMMISSION YES NO - CIB COMMITTEE 2. Has this persoNfirm ever been a ary employee? GVIL SERVICE COMMISS10�3 YES NO 3. Dces this perso�rtn possess a skill not normaly possessetl py any wrrent crty employee� YES NO 4. Is fhis personffrm a targeted vendoR YES NO , Explain all yes answers on separete sheet and attach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WH1� Knutson Construction Services will pay monthly rent to the City of St. Paul to use office and parking space at the Public Safety Building located at 100 East I lth Street. A 200A financing and spending plan needs to be estal;lished for the lease. (Attached is a copy of administrative order DOOZ416 authorizing the lease agreement wi,h Knutson Construction Services and a copy of the lease agreement with Knutson Construction Services.) � ADVANTAGESIFAPPROVED Appropriate 2004 financing and spending plan for services provided to Knutson Construction Services. DISADVANTAGESIFAPPROVED , None. �� DISADVANTAGES IF NOTAPPROVED � L � Tnability to provide office and pazking space to Knutson Construction Services. �' ��'' ��T� �� g ' 4RJ6F"�=`� ��f?�!t';31 .� TOTAL AMOUNT OF TRANSACTION $ 2Q268.00 COSLREVENUE"B�DG�EU ( � C� ONE) YES NO , FUNDING SOURCE Knutson Construction Services lease ACTIVITY NUMBER 04340 FINANCIAL itSFORMATIOhf (EXPLAIN) 04340 Lease of 100 East ] lth Street budget.cr.gs2004 ��;l�u KF� .'�i� cS7t?: iun,n, ' . , : � � CITY OF SAINT PAUL OFFiCE OF THE MAYOR ADMINISTRATiVE ORDER ty�t-�z�t Na: Doo��/� Date: C� l � �� ADMIlVISTRATIVE ORDER, BE TT HEREBY ORDERED, that the proper City officials aze authorized and directed to execute a lease agreement with Knutson Construction Services to provide office and pazking space at 100 East Eleventh Street, the Public Safery Buiiding„ from June 15, 2004 through June 14, 2005, during construction of the new Staxe of Minnesota Department of Human Services Building. APPROVED AS TO Department ��-/v- Date Administrative (PD36) Authority (A.O. D002416 dated 6/10/04) LEASE NO. FINANCE DEPT. LEASE NO. PD36 DATE: June 15, 2004 LESSOR: CITY OF SAINT PAUL DEPARTMENT OF Police c� LESSEE: Knutson Covstrucrion Services CITY OF SAINT PAUL C!O Bob Nold 763-525-3047 5500 Wayzata Boulevazd Suite 300 STANDARD LEASE AGREEMENT Minneapolis, MN 55416 [1] Leased Premises. The LESSOR, in considerafion of the payment of the 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 LESSEE the premises hereinafter referred to as the "Leased Premises," whose address is: Part of the first floor of the Public Safet�BuildinQ and parkin� lot and which is legally described as: See Exhibit A for Office space See Exlubit A for Pazldng Lot space together with any buildings, fixtures in such buildings, improvements and structures, if any, located thereon; See Exhibit "A", plan or map of leased area which is incorporated herein by this reference. [2] 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 LES50R as provided herein. Term (Months/Yeazs) Commencing Date Ending Date J��Y t J��L ao � 1 year -3�nc3fi' 2004 3tuxc�9, 2005 + . J , � [3] Use of Premises. The LESSEE shall use and occupy the Leased Premises for the following purpose: Office and parkin�space for contractor for the State of MN Dept. Human Services Buildin� and for no other purpose without the prior written consent of LESSOR. 1 [4] Rent. Rent shall consist of Basic Itent and such Additional Rent as may apply. LESSEE shall pay all rent in advance, on the first day of the term of the lease and on the first day of each payment period thereafter as indicated in the Payment Schedule below: (� j„'tZ� v � (A) Basic Rent Office and Parkin� Total Basic Rent I During Lease Term (Payment Period — Cominencing Date —$ per Period) .1��Y i � $40,536.00. monthly -3�e�9, 2004 $3,378.00. � Office space for the term is $7.00 per sf. based on 2488 SF of office space. LESSEE has the right to nse the Public Restrooms off the main lobby entrance. Annual rent $17,416.00. Parking space is $65 per stall per month for 30 stalls. LESSEE shall be responsible for plowing and/or snow removal of the space. LESSEE will not fence off it's leased parking premises. Annual rent $23,400.00. •: � � : � � ' .. . � . :, a. .. . , .:.. . . • . -. �. . .:�-- :. - - :... .� .. .: ...- .- .:�:�:. . ., ..• . �- '.. . .:- .. . � -. �. . .• - -.- :, .� -. . - .-:�.: . .� : . .. .� . -.: • .. -. . .. -. ..- � .• s � .:,::.:. .�.�- :, . -. . . � . . . � - ... .. :�_ . --�- . -.- . a .� : ... , n n • • • - n : • n : � r � w - • - - � � � • : � : : • • � � � i• i :r �. �- • :� - i• •� :w - �� •: - i� • :� i �- •:• -• �:�•--• 'ii'• �:�' :��r: :• •• •: •.. - i � - i . - - i • :� ♦ • • � � LESSEE shall make all payments of Basic Rent and Additional Rent to LESSOR at the following address: SPPD Accountin 367 Grove Street Saint Paul MN 55101 The applicable account number for City Finance Accounting Code is: General Fund of the Public Safetv Buildin¢ Onerations 001-04340 All Basic shall be payable on the date certain provided herein, or — if no date certain is provided — within 30 days of the billing date. The Lessor shall charge interest of 1.5% per .� .�. . - .... �- -�. ..�.-.. -� -�.- �--.. ,-� _ � � �: • •- •��n i � :+�� •: :+ r.• � :u� :w • � w �w t - :w � - n � - � �� ; o , w • •• • • - �w - � • .�� i � � : - �� - � i � • • � • :� � � n • :n • r � � i :w n � .w • • � i • • � • • i vi � � • u . n �� m - �� un - i •• ��- •:�- �� n: ••�•� �� • •:- � • • I♦ • � � �� ' • � • �l � 1 • if • ` N{ f 1 • • � �\ • r� • t • � n . - u Y • :� • • � rs• :w .n � �ut • :n • :w :u � • • � �• • • :n : • � -• • n a nr� • � - r � :n - � � - [6] Ri¢ht of Entrv. At all times during the term of this lease, the LESSOR sha11 have the right, by itself, 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 time for any legitimate purpose. [7] Insurance. �i LESSOR'S Insurance. The LESSOR shall acquire and keep in effect during the term of this agreement the following coverages: FIRE AND ALLRISK INSURANCE, on the Leased Premises '*'�'' '' F��" � -c-'iasea�irl�2Af _L 11 L t.....,.,1 L..�L., T Cc T•• r�r __ ♦.� s'.' _"_ _i. �� 6'GQ D� RI �L��l\ � N Y *�--♦ tl, f ',7 ' .7 ,. �t,e e,e..s .�£� ..1�:.., , .7..� e Fi21f��IIFnranra h 11 t, n:«..,.ca,,:_�.n....1 +� - �ir --____ "' � � f��a�,��c._ _ .+, r e ,.a�.., � nt_.,-- - .7 �':..� Y l J c.� r rcecr - t-• ..wi„ n,.,.... � e.,i..,.o .we _ , > r FcenR r FcccF w �i L ................:wi,. F_:„..0 „F;: --� (1) (B) LESSEE'S Insurance. The LESSEE shall acquire during the term of this lease the following coverage: (1) The LESSEE shall be responsible for the self insurance of, or the acquisition of Commercial Property Insurance on, its personal property. (2) COMMERCIAL GENERAL OR PUBLIC LIABILTTY INSURANCE including blanket contractual liability coverage, personal injury liability coverage and broad form property damage liability endorsement with a combined single limit of not less than $1,000,000, per occurrence, $2,000,000 aggregate, shall be purchased by the LES SEE. Such insurance shall: (a) name the City of Saint Paul as additional insured; (b) be primary with respect to LESSOR'S insurance or self-insurance; 0) include an "all services, products or completed operations" endorsement ,(d) not exclude explosion, collapse and underground proper[y damage; (e) be written on an "Occurrence" Form policy basis; and ( fl not contain an"aggregate" policy limit unless specifically approved in writing by LESSOR. (3) AUTOMOBILE LIABILTTY INSLIRANCE with minnnum limits of $1,000,000 per person, $500,000 property damage and $2,000,000 aggregate limits, covering hired, non-owned and owned automobiles. (4) WORKERS'COMPENSATIONINSURANCEwithnotlessthanstatutoryminimum lunits; and EMPLOYERS' LIABILITY INSLTRt1NCE with murimum limits of at �t-�z�{ least $500,000 per accident, $500,000 per employee and $500,000 per disease, with an ail states endorsement. (5) The LESSEE shall supply to LESSOR current insurance certificates for policies required in Pazagraph (7). The said certificates shall certify whether or not the agent has errors and omissions insurance coverage. (6) The limits cited under each insurance requirement above estabiish minimums; and it is the sole responsibility of the LESSEE to purchase and maintain additional insurance that may be necessary in relation to this lease. (7) Nothing in this coniract shall consritute a waiver by the LESSOR of any statutory lunits 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 LESSOR, and shall deliver copies of the policies to LESSOR on the date of LESSEE'S execurion ofthis agreement. The policies required inparagraph (7) shall be endorsedto indicate that the insurer cannot cancei or change the insurance without first giving the LESSOR 30 days' written notice. (9) Insutance limits shall be subject to the tort claims liability limits as set forth in chapter 466 of Minnesota Statutes. (C) W aiver of Subro at� ion• LESSORwaives 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. LESSEB 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 theu respecrive insurance proceeds collected. The parties shall notify their respective insurance companies, in cvriting, ofthe provisions ofthis pazagraph; and, if either cannot waive its subrogation rights, such party sha11 immediately notify the other party, in writing. (8] Cancellation or Termination. This lease shall be subject to cancellarion and termination by LESSOR at any time during the term hereof by giving the LESSEE notice in writing at ninety (90) days, (thirry (30) days for leases with a term of one (1) yeaz or less or any month-to-month tenancies) prior to the date when such termination shall become effective. In the event of such termination, and on the effective date of such termination, LESSOR shall return any unearned rental paid by the LESSEE without interest. [9] Nofice. All notices herein provided to be given, or that may be given by either party to the other, shall be deemed to have been fully given when served personally on LESSOR or LESSEE, or when made in writing and deposited in the United States Mail, certified and postage prepaid, and addressed to the LESSEE at the address stated on page (1) and to the LESSOR at the Real Estate Division, 140 City Hall, Saint Paul, Minnesota 55102. The address to which the notice shall be mailed may be changed by written notice given by either pariy to the other. Nothing herein shall preclude the giving of such address change notice by personai service. � �-�z� [10] Assi�nment and SnbletEin�. 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. [ll) Maintenance and Repairs. �E LESSOR shail, at its own cost and expense, be responsible for all repairs, maintenance and upkeep of the Leased Premises, including but not limited to emergency repairs of any kind; mutine maintenance and repair to keep the I.eased Premises in good repair, safe and in compliance with applicable fire, health, building and other life-safety codes; and all repans and maintenance needed to keep the buildings or structures on the Leased Premises in good condition, including (a) the exterior (including windows and doors) and interior structure of the buildings or shuctures, (b) the roof or roofs, �) the heating, ventilating and air conditioning systems therein, (d) all electrical, piumbing, lighting, mechanical systems, fire suppression equipment, i.e. fire sprinkler system; and (e) all grounds, fences and roads within the Leased Premises. [12] Pavments in Case of Default LESSEE shall pay LESSOR all costs and expenses, inciuding reasonable attorney's fees in any action brought by LESSOR to recover any rent due and unpaid hereunder, or for the breach or default of any of the covenants or agreements contained in this Lease, or to recover possession of said property, whether such action progresses to judgment or not. [13] Surrender of Premises. The LESSBE, at the expiration of said term, or any sooner teixnination of this lease, shall quit peacefully and surrender possession of said properiy and its appurtenances to LESSOR in as good order and condition as the property was delivered to the LESSEE.� Svu,IacT y?iyt Td /LF�SO,�e1dc,E wEAK N- TEArL , `�' [14] Indemnitv.TheLESSEEagreestoindemnify,defend,saveandholdharmlesstheCityofSaintPaul and any agents, officers and employees thereof from all claims, demands, actions or causes of action of whatsoever nature or character, arising out of or by reason of the 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 L,eased Premises. It is fully understood and agreed that LESSEE is awaze 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 govemmental body or agency relating to the control, abatement or emission of air and water contaminants and the disposal of refuse, solid wastes or liquid wastes. LESSEE shall beaz all costs and expenses arising from compliance with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold harmless LESSOR from all liability, in- 5 �1-�Zy cluding without limitarion, fines, forfeitures, and penalties arising from the failure by LESSEE to compiy with such ordinances, laws, rules or regulations. LESSOR has the right to perform cleanup and charge the LESSEE as Addifional Rent for such costs should the I,ESSEE fail to comply. [17] Controlling Lease. In the event there is any prior exisring lease or rental agreement between LESSEE and LESSOR (or its predecessor in interest) covering the subject property, it is agreed and understood that this I,ease shall cancel and teruunate any prior leases or rental agreements as of the effective date of this lease. [18] Destrucfion. In the event of damage to or destruction of the L,eased Premises or in the event the �` premises becomes untenantable or unfit for occupancy due to such daznage during the term of this �� Lease, �SA� may at its option: PAK.r ��vr. Ls") �?i�t Y (A) ternrinate the lease upon fxftscrr{�Kj days' written notice to LESSEE; or ��1, (B) within fifteen (15) days agree to restore the premises 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 'Tk�e Basic Rents to be paid during the restoration period sha11 be abated in proportion to the percentage of loss and ixnpairment of the use of the Leased Premises as determined by the LESSOR, times the number of days of loss or impairment. [19] Events of Default The occurrence of any of the following events during the term of this Lease shall constitute an event of default by the LESSEE: (A) �) (C) �) (E) �) (G) �.� .. . . :.:. . . .. .� . . . . . . . . :� . . :. . . ... .. . � : :� . . : . •... ..•. . . .. . :• :, :. . . . ... . . • . . . . .� :, . . . . . :� . .; � . . . .: :.. :. . . . .. .: . . . ... . • :' ..: . . . the filing of a petition to have LESSEE adjudicated baiila�pt or a petition for reorganization or arrangement under any laws of the United States relating to baulu�uptcy filed by LES SEE; in the event a petition to have LESSEE adjudicated banla�upt is filed against LESSEE, the failure to dismiss such petition within ninety (90) days from the date of such filing; the assets of LESSEE or of the business conducted by LESSEE on the Leased Premises be assumed by any trustee or other person pursuant to any judicial proceedings; LESSEE makes any assignment for the benefit of creditors; the failure by LESSEE to timely pay Basic Rent or Additional Rent as required by this Lease; the failure by LESSEE to observe and perform any covenant, condition or agreement on its part to be observed or performed as required by this L,ease; or the failure by LES SEE or its surety to dischazge, satisfy or release any lien or lien statement �'�.� filed or recorded against the Leased Premises within sixty days after the date of such filing or recording, whichever date is earlier. It is an express covenant and agreement of LESSOR and LESSEE that LESSOR may, at its election, terminate this Lease in the event of the occurrence of any of the events described in this para�aph or in paragraph (22) relating to liens by giving not less than ten days' written notice to LESSEE; and when so terminated, LESSOR may reenter the Leased Premises. This Lease and its Leased Premises shall not be treated as an asset of LESSEE'S estate. It is fiu�ther expressly understood and agreed that LESSOR shall be entitled upon such reenhy, notwithstanding any other provision of this L,ease, to exercise such rights and remedies as are provided in Paragraph (24) of this Lease. [20] Compliance with Laws. The property described herein may be used for only the purposes stated herein. It is the sole and exclusive responsibility of the LESSEE in the use of the properiy to comply with all laws, rules, regulations or ordinances imposed by any jurisdiction affecring the use to which the property is proposed to be put. Inability or failure by the LESSEE to comply with any of said laws, rules, regulations or ordinances will not relieve the LESSEE of the obligation to pay the rental providedherein. L.frscn. e�'p �es.cge CJNOEKSTAND TH.oT T�f� Ansnr.tes di2e � GvKIEtNT�Y �N A �NUtT/oN T/}AT �MP�l�S �'//TH �oD7S. � [21] Non-Diserimination. 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 mm�ing with the land, that (A) no person, on the ground of race, sex, color creed, religion, age, disability, marital status, status with respect to public assistance or national origin or ancestry shall be excluded from participating in, be denied the benefits of or be otherwise subjected to discrimivation in the use of said facilities; (B) that in connection with the construction of any improvements on said lands and the furnishing of services thereon, no discrimination shall be pracriced in the selection of em- ployees and contractors, by conh�actors in the selecrion and retention of first tier subcontract- ors, and by first-tier subcontractors in the selection and retention of second-tier subcon- tractors; (C) that such discrimination shall not be practiced against the public in its access in and use of the facilities and services provided forpublic accommodations (such as eating, sleeping, rest and recreation) constructed or operated on the Leased Premises; and (D) that the LESSEE shall use the premises in compliance with all other requirements imposed pursuant to the Saint Paul L,egislative Code Chapter 183. [22] Liens. The LESSEE shall not percnit mechanic's liens or other liens to be filed or established or to remain against the Leased Premises for labor, materials or services fiunished in connection with any additions, modifications, unprovements, repairs, renewals or replacements made to the Leased Premises, ; provided that if the LESSEE shall first norify the LESSOR of its �`` intention to o so and shall deposit in escrow with the LESSOR a sum of money or a bond or urevocable 1 tter of credit acceptabie to the LESSOR equal to the amount of the claim of lien, LESSEE ma in good faith contest any such claims or mechanic's or other liens filed or established IIY o2 !'u,x 7yc TisNFF�r oF C.E.cr��. �� 7 ON-�2.y and in such event may permit the items contested to remain undischarged and unsatisfied during the period of such contest. If, in the opinion of the LESSOR, the nonpayment of any such items subj ects the Leased Premises to any loss or forfeiture, the LESSOR may require the L.ESSEE to use the es- crow account to promptiy pay ail such unpaid items and if LESSEE £aiis 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 aze taken by aminent 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 L,ease, LESSEE may terminate this Lease by giving to LESSOR flurty days' written norice of terniinarion, effecrive as of the date on which the condemning authority acquires legal title or physical possession ofthe Leased Premises. LESSEE hereby waives and releases any claun to or share in the Award of Compensation for the taking, notwithstanding any other provision of law, this Lease or any other agreement. LESSEE may to the extent otherwise permitted in the eminent domain proceeding, remove its own trade fixtures at its own expense. [24] Default Remedies. In the event an Event of Default occurs under paragraph (19) of this I,ease, LESSOR may exercise any one or more of the following remedies: (A) reenterandtakepossessionofthePremiseswithoutternunationofthisLease,anduseitsbest efforts to ease the Premises to or enter into an agreement with another person for the account of LESSEE; (B) terxninate 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 or any part of the Premises at the best price obtainable (provided such sale is permitted by applic- able law,) such sale to be on such terms and conditions as the LESSOR, in its sole discretion, shall determine and apply the proceeds of such sale less any expenses thereof for the account of the LESSEE. (E) exercise any remedies available to it under the Minnesota Uniform Commercial Code; (F) take whatever action at law or in equity may appeaz necessary or appropriate to collect the Basic Rent and Additional Rent then due and thereafter to become due, or to enforce performance and observance of any obligation, agreement or covenant of the LESSEEunder this Lease. (G) in exercising any of its remedies set forth in this Section, the LESSOR may, whether or not the L,ease is then in effect, hold the LESSEE liable for the difference between the payments and other costs for which the LESSEE is responsible under this Lease. No remedy herein conferred upon or reserved to LESSOR is intended to be exclusive of any other available remedy or remedies, but each such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease or now or thereafter exisring at law or in equity by statute. No delay or omission to exercise any such right or power accruing upon any default shall unpair any �1-�Z�1 such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed eapedient. In order to entitle the LESSOR to exercise any remedy reserved to it in this Provision, it shall not be necessary to give any notice, other than such notice as may be herein expressly required. (25] Default of Pavment LESSEE a�ees 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 Addirional Rent, then the remaining unpaidbalance shall, at the option ofthe LESSOR, immediately become due. Said LESSEE further agrees that the LESSOR may, at its option 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 axnount of the unpaid balance due upon default, and does authorize the LESSOR to enter judgment as provided above. LESSEE does hereby agree that the LES SOR, at its option, may enter a judgment, at any time within one yeaz of the time the last payment sha11 have come due, for the full amount of the unpaid balance due pursuant to the confession of judgment provided herein. [26] Alterations. The LES SEE will not make any alterations to the premises without the written consent of the LESSOR, such consent not to be unreasonably withheld. If the LESSEE desires to make any such alterations, an accurate description shall first be submitted to and approved by the LESSOR and such alterations shall be done by the LESSEE at its own expense. Ali such work shall be performed under the LE5SOR'S supervision and any improvements made to the Leased Premises at the LESSEE'S expense shall become the property of the LESSOR at the end of the Lease period. LESSEE agrees that ail alterations will be done in a workmaniike manner and in conformance with applicable building codes, that the structural integrity and building systems of the building will not be impaired, and that no liens will attach To the premises by reason thereof. [2�] Amended. Anything herein contained to the contrary not withstanding, this Lease may be terminated, and the provisions of this Lease may be, in writing, amended by mutual consent of the parties hereto. [28] LESSEE Buildout Improvements. LESSEE shall pay the entire cost of any modifications and/or enhancements to the leased office space premises and the designated pazking lot area. The actual work, i.e card readers and walls to seal the leased premises from other areas of the Public Safety Building, will be coordinated and must be authorized by Steve Hitchcock, SPPD Property Manager at 651-266-5667 and/or Howud Horrman at 651-292-3599 [29] LESSEEPERSONNELSECURITY. LESSEEshallprovidepriortooccupyingtheleasedpremise of the office space, a list of personnel assigned to or will frequent the leased premises. In addition, the LESSEE shallprovide ID badges for all personnel accessing the leased premises. LESSEE shail provide to LESSOR for the pazking leased premises: the name of the vehicle owner; license plate number and state in which the vehicle is licensed; make, model and year of the vehicle. o�-�z� IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and yeaz in this Lease first above-written. LESSOR: N/A Mayor N/A Ciry Clerk Chief of Police Director of Financial Services�� '` City Attorney (Form Approval) LESSEE: Knutson Construction �� i�T �✓ �� l,OAF/ZT' /J. /YOL� Its Sft Preo�EcT J'�QtiG6£r� Its Its 10 . �-�� _� �. w �� N � l � � � � � ��$ 1 �� N � ff [� ° L '° Q .� � y . . - � - � . W � �n � o g Q �. z i �� - -__ Q 3 �O } � � 3�S : fl � ' -- � Q p �� 8 � .� � � w w � ~ b 'i: � Q s . '�„ . 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