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05-137Council File # �, � � GreenSheet# 3��,jGQL PAUL, MINNESOTA Presented By: Referred To: \ � Committee:Date: �� 1 WHEREAS, the City of SL Pau�lice Department, has eutered into lease agreement #PD36 with Knutson 2 Construcfion Services; and 3 4 WHEREAS, Knutson Construcfion Services will confinue to pay monthly rent to the City of St Paul to use 5 office and parking space at the Pnblic Safety Building located at 100 East llth Street; and 6 7 WHEREAS, a 2005 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 Secrion 10.07.1 of the Charter of the City of Saiut Paul, does certify that ll there are available for appropriation funds of $20,265 in excess of those estimated in the 2005 budget; and l2 13 WHEREAS, the Mayor recommends that the following addition be made to the 2005 budget: 14 IS 16 17 001 - General Fuud 18 FINANCING PLAN: 19 04340 - Building Maintenance 20 4399 - Services 21 Total Changes to Financing CURRENT BUDGET By: CHANGES 20,268 20,268 AMENDED BUDGET 20,268 22 23 SPENDING PLAN: 24 04340 - Building Maintenance 25 0377 - District Heating 132,134 20,268 152,402 26 Total Changes to Spending 2Q268 27 28 THEREFORE BE IT RESOLVED, that the City Council approves these changes to the 2005 budget. 29 Yeas Absent Requested by Department of: Harris Adopted by Council:Date: �' / �j� Adoption CertiSed by Council Secret. y: By: � Approved $y: p�foval Recommended by Financial Services: / ��roved by City Attorney� � 0 Mayor for Submission to Council: . ,�w� ��. �� =•�� . �I � � � ' - knutson �' � . . .. , . , � , . � � Green Sheet Green Sheet Gr„een Sheet Green Sheet Green Sheet Green Sheet � (Y� 1'�,-1 DepartrnenVoffice/council: ' Date Initiated: r � PD — policepeparnnent - 24-JAN-05 Green Sheet NO: 3025000 Contact Person & Phone: ' Deuartrnerrt Sent To Person InkiaUDate Chief John Hartington 0 lice D a ent P iic D rtmen 26E5588 Assign 1 oliceDe artment De a entDire tor Must Be on Council Agenda by (DBte): Numbe� Z i aocial e" Fioa ci Servic For �_ Routing 3 i Atto e Ci Attom Osdec 4 a or's ffice Ma oNAs is t 5 ouncii Council , 6 i ler C' Clerk "3�.. _ ' � Total # of Signature Pages (Clip All Locations for Signature) �� '' �' �° ActionRequested: � �^��r'.� Signatures requested on the attached councit resolution. ��' � �� ''° (attached copy of lease #PD36 -Knutson Construction) �° p ^ y �y �p �� N �� .d�f�l� k RecommendaYions: Appeove (A) or Reject (R)� Personal Service Contracts Must Aeswer the Following Questions: Planning Commission 1, Has this qersonlfirm ever worked under a contract for this department? CIB Committee Yes No Civif Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this personffirm possess a skill not normally possessed by any current city employee? Yes No Ezplain all yes answers o� separate sheet a�d attach tA green sheet tnkiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Need a 2005 fmance and spending plan for lease #PD36. Advantages If Approved: Ability to provide service for lease #PD/36. DisadvantageslfApproved: None. Disadvantages If Not Approved: Inabiliry to provide services for lease #PD/36. Total Amount of 2026$ CosURevenue Budgeted: Transaction: �� ca��^'.t� �.PnfP� Funding Source: Kf1UYSOf1 COfISYfUCt�Ofl Activib Number: 04340 Financial Information: , P_'C� A � �� (Explain) S� G� l8 � � _ `{4�r� : C1 r, � � : %ii,�"(,� j=�'C cSTqr, �n�(SlQ;y CITY OF SAINT PAUL OFFiCE OF THE MAYOR ADMINtSTRATIVE ORDER �'�'�1 No: Dooa��( Date: C9 �Q �� ,� u .. �.� . BE TT HEREBY ORDERED, that the proper City officials are authorized and directed to execute a lease agreement with Knutson Construction Services to provide office and paziang space at 100 East Eleventh Slreet, the Public Safety Building„ from 3une 15, 2004 through June 14, 2005, during consrtruction of the new State of Minnesota Depar�ment of Human Services Building. APPROVED AS TO i-.. ��-�� Date Administrative (PD36) Authority (A.O. D002416 dated 6/10/04) LEASE NO. FINANCE DEPT. LEASE NO. PD36 Dp�� 7une 15. 20d4 LESSOR CITY OF SAINT PAUL DEPARTMENT OF Police LESSEE: Knutson Construction 5ervices GO Bob Nold 763-525-3047 5500 Wavzata Boulevard Suite 300 Minneapolis, MN 55416 �`j CITY OF SAINT PAUL STANBARD LEASE AGREEMENT (1] Leased Premises. The LESSOR., in considenrion of the payment of the Basic Rent and Additional Rent hereinafter specified to be paid by the LESSEE, and the covenants and agreexnents 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 Safety_Buildine and pazking lot and which is legally described as: See Ba�hibit A for Office space See Exhibit A for Parking L.ot space together with any buildings, fixtures in such buildings, improvements and structures, if any, located thereon; See Eachibit "A", plan or map of leased area which is incorporated herein by this reference. (2] Term of Lease. 'Phis lease shall be in effect for a term commencing and ending on the dates indicated below, unless termivated earlier hy the LESSOR as provided herein. Term (Months/Yeazs) Commencing Date Ending Date � Jut.Y 1 .�v✓G30 �ri' , 1 y � -3t�cc3fr, 2004 3txzcz^9 2005 �� [3] Use of Pretnises. The LESSEE shatl use and occupythe LeasedPremises forthe following purpose: Office and parkin�space for oontractor for the State of MN Dept Human Services Buildine. and for no other purpose without the prior written coasent of LESSOR 1 [4] �Rent Rent shall consist of Basic Rent and such Additional Rent as may apply. LESSEB shall pay all rent in advance, on the first day of the term of the lease and on the fust day of each payment period thereafter as indicated in the Payment Schedule below: �- ('�1 (A) Basic Rent Office and Pazldng Total Basic Rent During Lease Term (Payment Period — Commencing Date —$ per Period) .I��Y � �f�'l $40,536.00. monthly -�ae-a9, 2004 $3,378.00. � Office space for the term is $7-00 per sf. based on 2488 SF of office sgace. LESSEE has the right to nse the PubHc Restrooms off the main lobby entrance. Annual rent $17,416.00. Parking space is S65 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 parkmg premises. Annual rent $23,400.00. •; . � =... . .. . . .. .. ., ,..�� . ... . . �� • �� J � • � • � � � 11 � � • • • • �� • • / • � � Y � � • • � • • • • � � • • � .w ' � �� : � • • • • � - n � � • • • � � • .� • w� .� � u .�n: • -.w �• • - :u.-:��: • i .� • • • �� • • �•:n ��•• • �� - •�•r :• ••� � • �� J � • � � �� • • • • • • � �� • • � �� - • � • i • :� ° :� :w • • - � - • :n • �u i � � � � • .w i n .0 i a • • � + � �� :+ • a n • • n n u • � :w - • • n � : • • � :K n • ••� • l '••�:.� •:�•�:•u� m i• :w n �� . • •: �� ••�• -� •:•� -• •:•�-�• '�• • :� :1•.� :u••: .� •. �� • •:�u� • • - • � .w • � � - � • • A • � � • LESSEE shall make all payments of Basic Rent and Additional Rent to LESSOR at the following address: SPPD Accountine 367 Grove Street Saint Paul MN. 55101 The applicable account number for City Finance Accounting Code is: General Fund of the Public Safetv Buildin�Operations 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 chazge interest of 1.5% per month on any Basic or7�dditioaal-Rent remaining unpaid beyond ffie due date as here provided. �S - � 37 �.�: w �imt s s � �w s :n • • . • n� .v • .w u � w _.+nw +� • m • nr.� u. •• m •• .n• �r.�� •: u m�• •�� • .ur � .v .o • • rs� • .w u • .w • • �� • • • • . • .� • � • n , u v � �aa r uum�� r� n •.� � i� nr.• w•� •• m n e •. • • �^ r.• • � m� • . � • • n • � �m �n• • • • : n • n� • n • � � • n : • n � • .� • • � .w :n � nn � :n • • • .w .n • � � � • n •.un m �-• • u:� c.s � • b r.w n [6] Riuht of Entrv. At all times during the term of this lease, the LESSOR sha11 have the right, by itsel� its agents and employees, to enter into and upon the Leased Premises during reasonable business hours or, in the event of an emergency, at any time for any le�timate purpose. j7j Insnrance. •• . - •• . . -,i� -. -i- � _ �- �. � .a-- �-� �' • . �• � - - �• � • I •� �- - -� • -u - -- - - - .' �� .•: .. • ., f . . -- - - ---- - - . �� .. - ° - �- - _ �• _ = _ -- ..� - �' - -- -- - - - __ - - - - - (B) LESSEE'S Insurance. The LESSEE shall acquire duriug the term of this lease the following covzrage: (1) The LESSEE skall be responsible for the self insurance of, or the acquisition of Commercial Property Insurance on, its personal property. (2} COMMERCIAL GENERAI. OR PUBLIC LIABILITY IN3URANCE including blanket contractuat liability coverage, personal injury liability coverage and broad form properiy damage Iiability endorsement with a combined single limit of not less than $1,000,000, per occurrence, $2,0O�,OQO aggregate, shall be purchased by the LESSEE. Such insurance shall: (a) name the City of Saint Paul as additional insured; (b) be prnnary with respect to LESSOR'S instuance or self-insurance; �) include an "all services, products or completed operations" endorsement ,(d) not exciude explosion, collapse and underground properry damage; (e) be written on an "Occurrence" Form policy basis; and ( fl not contain an "aggregate" policy Iimit unless specifically approved in writing by LESSOR. (3) AIJTOMOBILELIABILITYINSUR.ANCEwithminimumlunitsof$ person, $500,000 properly damage and $2,000,000 aggregate limits, covering hired, non-owned and owned automobiles. (4) WORKERS'COMPENSAT"iONINSURANCEwithnotlessthanstaxulroryminimnm lunits; and EMPLOYERS` LIABTLIT'I' INSURANCE with minimum limits of at 3 os-�37 least $500,000 per accident, $500,000 per employee and $50�,000 per disease, with an all states endorsement. (5) The LESSEE shall supply to LESSOR current insurance certi5cates for poIicies required in paragraph (7). The said certificates shz11 certify whether or not the agent has errors and omissions in�»r;�ce coverage. (� The Iimits cited under each insurance requirement above establish minimums; and it is the sole responsibility of the LES5EE to purchase and maintain additional insurance that may be necessary in relation to this lease. (7) Nothing in this contract shall constitute a waiver by the LESSOR of any statutory limits or exceptions on liability. (8) LESSBE shall place the insurance with responsible insurance companies authorized andlicensed to do business inthe State ofMinnesota and approvedbyLESSOR, and shall deliver copies of the policies to LESSOR on the date of LES5EE'S execurion oftlris agreement. Thepolicies required inpazagraph (7) shall be endorsedto indicate that the insurer cannot cancel or change the insurance without first giving the LESSOR 30 days' written notice. (9) Insurance limits sha11 be subject to the tort claims liability limits as set forth in chapter 466 of Minnesota Statutes. (C) W aiver of Subro2ation. LE3SOR waives its right of subrogation for damage to the Building, contents therein, loss of use thereof, and/ot loss of income, up to the amount of insurance proceeds collected. LESSEE waives its right of subrogation for damage to pmperty in the Leased Premises, loss of use thereof, loss of income andlor accounts receivable, up to the amount of their respective insurance proceeds collected. The parties shall notify their respective insurance companies, in writing, of the provisions ofthis pazagraph; and, if either cannot waive its subrogation rights, such party shall unmediately notify the other party, in writing. {8] Cancellation or Termination. This lease shall be subject to cancellation and termination by LES SOR at any time during the term hereof by giving the LESSEE nofice in writing at ninety (90) days, (thirly (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 tetmination shall become effective. In the event of such termuiation, and on the effective date of such termination, LESSOR shall retum any uneamed rental paid by the LBSSEE without interest. [9] Notice. All norices herein provided to be given, or that may be given by either parry 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 andpostageprepaid, 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 Panl, Minnesota 55102. The address to which the notice sha11 be mailed may be changed by written notice given by either party to the other. Nothing herein shall preclude the giving of such address change notice by personal service. G! a5 -137 (10] Assignment and Snbletting. LESSEE shall not assign oz sublet ttus 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� I.ESSOR shall, 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 lifePsafety codes; and all repairs and maintenance needed to keep the buildings or sCructures on the Leased Premises in good condition, including (a) the ea;terior (includiug windows and doors) and interior structure of the buildings or structures, (b) the roof or roofs, 0) the heating, v�ntilating and air conditioning systems therein, (d) all electricai, plumbing, 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 LE5SOR all costs and expenses, inciuding reasonable attomey's fees in any action brought by LESSOR to recover any rent due and unpaid hereunder, or for the breach or default of any of the covenants or agreements contained in tivs Lease, oz to recover possession of said properiy, whether such action progresses to jud�nent or not. ji3] 5urrendeX of Premises. The LBSSEE, at the expiration of said term, or any sooner tP^^in�tion of this lease, shall quit peacefuily 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.�cT �t� Td /Z[QSONORGE C.JfAK `ri 'TEdn- • (14] Indemnitv. The LESSEE a�ees to indemnify, defend, save andholdhazmless the City of 3aintPaul and any agents, officers and employees thereof from all clauns, 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 LBS SOR to the LESSEE, or the use or condition of the I.eased Premises or as a result of the operarions or business activities taking place on the Leased Premises. Tt is fully understaod and agreed that LESSEE is awaze of the condifions of the Leased Premises and leases the same "as is." [15j 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 tenaucy shall be deemed to be a tenancy only from month-to-month. All othet terms and conditions of this Lease shall be applicable. [16] Pollution and Contaminants. LESSEE agrees to compiy with all ordinances, laws, rules and regulafions enacted by any governmental body or agency relating to the control, abatement or emission of air and water contatninants and the disposal of refuse, solid wastes or liquid wastes. LE3SEE shall bear all costs and expenses arising from compliance with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold hatmless LESSOR from all Iiability, in- 5 05 /37 cluding without ]imitation, fines, forfeitures, and penalties arising from the failure by I,ESSEE ta comply with such ord'anances, laws, rules or regulations. LESSOR has the right to perform cleanup and charge the LBSSEE as Additional Rent for such costs should the LESSEE fail to comply. (17J Controlting Lease. Tn the event there is any prior existing lease ar rentat agreement between LESSEE and LESSOR (or its predecessor in interest) covering the subject pmperty, it is agreed and understood that this Lease shall cancel and terminate any prior leases or rental agreements as of the effective date of this lease. [18] Destrncfion. In the event of damage to or destruction of the Leased Premises or in the event the � premises becomes untenantable or unfit for occupancy due to such damage during the term of this �� I,ease, � may at its option: Pa�e.r�- �ivF. CS'1 �!/it � (A) ternvnate the lease upon fiflces(-3�Sj days written norice to LESSEE; or ��1. (B) within fifteen {15) days agree to restore the premises within a reasonable time period foilowiug the casualty, charging the costs in excess of the insurance proceeds, if any, to the LESSEE as Addirional Rent; or �t � ' \�� • • • • �F � � � � • • • �3�� • • � • • � • • � �a. • • • • �n � � i • • :u• • r. •� •• •:� t • � • • :w - • • • • � • n � . r n n i � � n :+' • :� :n • • � �' • � • A • • • � �� • • �tA �� • • � • • • �A - � • • • �� • •� • • ♦ � • • � � � � \ � • . • 1 • ♦ • �l �\\ • • • - � � � � � � � � � • � � � � � � • � • - � � � � � � � � � • � � 1• 1 � � • �� '1 �' '• I �• _ _ f �' � �. � � � l�. [19] Events of Default� The occurrence of any of the following events during the term of this L,ease shall consritute an event of default by the LESSEE: (A) tlte filing of a petition to have LESSEE adjudicated bankrupt or a petition forreorganization or arraugernent under any laws of the United States relating to bankruptcy filed by LESSEE; (B) in the event a perition to have LESSEE adjudicated batila�upt is filed against LESSEE, the failure to dismiss such petition within ninety (40} days from the date of such fiLing; (C) 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; (D) LESSEE makes any assignment for the benefit of creditors; (E) thefailurebyLESSEEtotimelypayBasicRentorAdditionalRentasrequiredbythisLease; (F) the failure by LESSEE to observe and perform any covenant, condition or a�eement on its part to be observed or performed as required by this Lease; or (G) the failure by LE3SEE or its surety to discharge, satisfy or release any lien or lien statement OS filed or recorded against the I.eased Premises within sixry days after the date of such filing or recording, whichever date is earlier. It is an express covenant and aaaareement ofLESSOR and LESSEE that LESSOR may, at its election, terminate this I.ease in the event of the occurrence of any of the events described in this paza�aph oz in pazagraph (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 ofLESSEE'S estate. It is further expresslyunderstood and agreed that LESSOR shall be entitled upon such reentry, notwithstanding any other provision of tlus Lease, ta exercise such rights and remedies as are provided in Pazagraph (24) of this Lease. [20] Compliance witb Laws. The property described herein may be used for only the piuposes stated herein. It is the sole and exclusive responsibility of the LESSEE in the use of the property to comply with all laws, rules, regulatians or ordinances innposed by any jurisdictaon affecting the use to which the property is proposed to be put. Inability or failure by the LESSEB to comply wiffi any of said laws, rules, regulations or ordinances will not relieve the LESSEE ofthe obligafion to pay the rental providedherein. [.Ersor� e.�o [.er.rsc v.�o�.rsraNC ry,ar T�tt Pn�ntSes arer. � CvK�AfNT�-Y /N .Q GNU�Tro•J T/}AT �OMf UES W/TH GoD1C. ,�1� Y [21) Non-Discrimination. The LESSEE for himself, his personal representatives, successors in intezest and assigns, as a part of the consideration hereo� does hereby covenant and agree, as a covenant running with the land, that (A) no person, on the ground of race, sex, color creed, religion, age, disability, marital status, status with respect to public assistance or national origin or ancestry shall be excluded from participating in, be denied the benefits of or be otherwise subj ected to discrimination 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 discrunination shall be pracriced in the selection of em- ployees and conixactors, by contractors in the selection 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 nof be practiced against the public in its access in and use of the facilities and services provided for public accommodafions (such as eatin g, sleeping, rest and recreation) consiructed 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 Legislative Code Chapter 183. [22} Liens. The LESSEE shall not pernvt mechanic's liens or other liens to be filed or established or to remain against the Leased Premises for labor, materials or secvices furnished in connecrion with any additions, modifications, unprovements, repairs, renewals or replacements made to the I.eased Premises, ; provided that if the LE3SEE shall first notify the LESSOR of its �`` intention to o so and sha11 deposit in eserow with the LESSOR a sum of money or a hond or irrevocable 1 tter of credit acceptable to the LESSOR equal to the amount of the claim af lien, LESSEE ma in good faith contest any such claims or mechanic's or other liens filed or estabiished IIY a � 7f1E TiEuEFfr oF (�d'SE�. �� 7 0�5-137 and in such event maypermit the items contested to remain undischarged and unsatisfied during the period of such contest. I� in the opinion of the LESSOR, the no�payment of any such items subjects the Leased Premises to any loss or forfeiture, the LESSOR may require the LESSEE to use the es- crow account to promptly pay all such unpaid items and if LESSEE fails to pay fzom the escrow account, the LESSOR may pay and charge the LESSEE as Additional Rent. (23] Eminent Domain. In the event the entire Leased Premises are taken by eminent domain, or such portion thereof is so takan that in LESSEE'S reasonable judgement it is uneconomic thereafter to restore the LeasedPremises and proceed underthe terms andpmvisions of this Lease, LESSEEmay temunate this Lsase by giving to LESSQR thirty days' written notice of termination, effective as of the date on which the condemning authority acquires legal title or physical possession of the L�ased Premises. LESSEE hereby waives and releases any ciaim to or share in the Awazd of Compensation for the taking, noiwithstanding any other provision of law, this Lease or any other agreement. LESSEE may to the extent otherwise pemvtted in the eminent domain proceeding, remove its own �ade fixtures at its own expense. [24] Defanit Remedies. In the event an Event of Default occurs under paragaph (19) of this L.ease, LESSOR may exercise any one or more of the following remedies: (A) reenter and take possession of the Premises without ternvnarion of this Lease, and use its best efforts to ease the Premises to or enter into an agreement with another person for the accownt of LES3EE; (B) terminate this lease, exclude LESSEE from possession of the Premises, and use its best efforts to lease the Premises to or enter into an agreement with another in accordance with applicable law; (C) exclude LESSEE from possession of the Premises, with or without tsrminating this I,ease and operate the Premises itself; (D) terminatetheLease,e�ccludeLESSEEfrompossessionoftheLeasedPremises,sellallorany 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 discrerion, shall deternrine 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 therea8er to become due, or to enforce performance and observance ofany obligation, agreement or covenant of the LESSEE under this Lease. (G) in exercising any of its remedies set forth in this Saction, the LESSOR may, whether or not the Lease is then in effect, hold the LESSEE Iiable for the difference between the payments and other costs for wkuch the LESSEE is responsible under this L,ease. I�TO 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 existing at law or in equity by statute. No delay or omission to exercise any such riaht or power accruing upon any default shall impair any ��s ❑ 0 - ��. � �,. - r� �: I � i�� I�.�� I.'�4�'`��.��i� � L��i�t��l ,� �� 4 ' �� I �� r—� � � . � �� • �� _ r _ � ' � e �' � � '� 'L ._; ' �'S: � � � � `. • �. p . � �,� ��' ' � _ . � o { �° ,�� '{ � �� i`�1. .1�� 1 �I ��' j � f �� i�i1 � i �� _. . i �� . �� I I : ; � " ;� � , ,� - .',� ��l � � � � _ __.�� ! f ; i �� 1 ,E � �. , .� - _,� . . i � --- . � . � ^• � ;°3 � '-- �INCN{h'!� \\ �,� �° � � e 5 �e � � � �� LL �a 0- N O s$ mZZ O V � � `• o a '�' ,,, � g � �` P � � � � w Z � Qn�x� � ww� � � w O oav��> Q a- - NO� V? 0-Q]LCf1 E� Y 05��l37 a� � � _ /� � Ii z L �' � fl � � � V a � y � � Q ,� � W � N � O 4 w Z 0� �N W'3 = > Q g ,_ o w w '� Q _ J w �t N Q � _ � W w a N 4 � � O o � a � � � � o � Z Nw RN � � � O �� ._ m �� = a w o. � � � N � m � � � Q R Kj x m N a _ Q F cn Wx � Qo � V � O W � Q o Q , ? N � o � � ° a � Q w J U' � w � I i . 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"�''��w; ----- ,�, 84 � � µ ,;; ,rM ..;,r,;.. . w�» •"" aa� B5 ' � 69 �` ` ; .. �,� � . 86 " ; �� .�' 68 f {p ,, " �;� , � �� ' ; .. 87. i � ��?67 ' � �: 88t. �' �. • . .;�66 42 -:; ��,.`r � ,. ,�� ;, r- � � � �a, �h, 43 � � 89 � � � �� s,,. � 65 " 5 Jz: � < '� , � s ,� ;:; 44 ee��4 . 9Q ;.� ; i ��'�.. ; � 64 p � ., � - s.. , d�� . �J � � 91 � r s3 �fi . . 92� � ° 46 ,, � r F � ;,:; c 62 4 % - s'i;' ; 33 �:;� �: � fi1 48 L :� '"„ : ;, :� ::� r,_. 94 �`. � 6� �,_ ' �„ - 49 . ;;, ; 95 .. �� 59 : ` 58 50 ;�' �;�,�° ' � ""``" � - � .�="-.':��`''" 5 T � 52 ' £�:� ._�. . :.;;� ; � 10th Street -- `� �`� � �� 5500 WAYZATA BLVD. #300 � Coaatrueuon Smtees MINNEAPOLIS, MN 554161216 63004 �61302�04 St56 INITiAL RENT PY 3,378.00 3,378.00 DETACH AND AETAIN THIS STATEMENT 3,378.00 3,378.00 THE ATTPCH£D CNE� IS SN 4A�4NP OY IT5155 DESCRIBb9 A&JVp IF Ndf fARRECf pLG45E NOf$pt VS PP9FYSLY. NO AECEIpI 063IpEO ��•246907«' �:09i2�5924�: L5Zii900i153��' Council File # �� GreenSheet# "'j��j�G�t; PAUL, MINNESOTA Presented Sy: Referred To: Committee:Date: 11 1 WHEREAS, the City of St Pau�lice Department, has entered into lease agreement #PD36 with Knutson 2 Construction Services; and 3 4 WHEREAS, Knutson Construction Services will confinue to pay monthly rent to the City of St. Paul to use 5 o�ce and parking space at the Public Safety Building located at 100 East llth Street; and 6 7 WHEREAS, a 2005 financing and spending plan needs to be established for the lease agreement with 8 Knutson Construction Secvices; 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 2005 budget; and 12 13 WHEREAS, the Mayor recommends that the following addition be made to the 2005 budget: 14 15 16 17 001 - General Fund 18 FINANCING PLAN: 19 04340 - Building Maintenance 20 4399 - Services Z] Total C6anges to Financing CURRENT AMENDED BUDGET CHANGES BUDGET 0 20,268 20,268 20,268 22 23 SPENDING PLAN: 24 04340 - Building Maintenauce 25 0377 - District Heating 132,134 20,2b8 152,402 26 Total Changes to Spending 2Q268 27 28 THEREFORE BE IT RESOLVED, that the City Council approves these changes to the 2005 budget. 29 Requested by Department of: Adopted by Council:Date: � � Adoption Certified by Council Secret� y: By: / �� Approved by�'I or:Date:_ � By: By: p�OVai Recommended by Financial Services: i �roved by City Attorney� � Mayor for Submission to Council: ��.`'�•�/��'� /.=..W��/. � �/ � / knutson consttd2t�on lease � p.,, �:Green,Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � / PD - Police Departmeni CoMact Pe'son & Phu�; Chief John Ha�rington 2665588 Must Be on Council Agenda �-�� Date Initiated: 24JAN-05 Green Sheet NO: 3025000 � Assign Number For Routing Order ueoartmerrc Sentiorerson mmawate 0 olic De artment Police D artment 1 oli De a en De artmentDirector 2 in nciai ervice Financial Services r ' 3 i ttorn v Ci Attome y,� 4 av r's O � Ma NAssis nt 5 oun il ouncil 6 � i lerk i Cle k ... ;= z . _.' . , Total # of Signature Pages _� (Ciip All Locations for Signature) Action Requested: Signatures requested on the attached council resolution. (attached copy of lease #PD36 -Knutson Construction) Recommentlations: Approve (A) or F Plannmg Commission CIB Committee Civtl Servfce Commission e; r FE� n � � �1�:� �� '�� Answer the Foilowing Questions: 1. Has this personffirm ever worked ander a contract for this departmertt? Yes No 2. Has this personffirm ever been a city employee? Yes No 3. Does this person7firm possess a skill not normally possessed by any wrrent city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Need a 2005 finance and spending plan for lease #PD36. Advantaqes If Approved: Ability to provide service for lease #PD/36. Disadvantages If Approved: None. Disadvantages ff Not Approved: Inability to provide services for lease #PD/36. Total Amount of Trafraction: Funding Source: Financial Information: (Explain) 20268 Knutson Construction CosURevenue Budgeted: ActiviN Number: 04340 ,. 9�^ca�TC� �BisfO� '� � + I � i�iT� _� r•. u ':: � ; -, ;� � <i;t� a � `'�`��l��i I_f�Juli►�.`fIYt7:11Y1�/�L�T:�i7�1[� CITY OF SAINT PAUL OFFICE OF THE MAYOR ADMW{STRATiVE ORDER (7�-13"1 Na: Doa�y/(� Date: (9 ! � �� BE TT HEREBY ORDERED, that the proper Ciry officials are authorized and directed to execute a lease agreement with Knutson Construction Services to provide o�ce and pazking space at 100 East Eleventh Street, the Public Safety Building„ from June 15, 2004 through June 14, 200�, during construction of the new State of Minnesota Deparnnent of Human Services Building. APPROVED AS TO �"/�-�� Date �-.. .��-� � n . 'f. . � - (PD36) Authority (A.O. D002416 dated 6/10/04) LEASE NO. FINANCE DEPT. LEASE NO. PD36 DATE: June 15. 2004 LESSOR: CTTY OF SAINT PAUL DEPAR.TMENT OF Police LESSEE: Knutson Constniction Services C/O Bob Nold 763-525-3047 5>00 Wavzata Boulevard Suite 300 Minneanolis, MN 55416 �j-13'1 CITY OF SAINf PAUL STANDARD LEASE AGREEMENT [1] Leased Premises. The LESSOR, in consideration ofthe 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 Safe Buildin and azkin lot and which is legally described as: See E�ibit A for Office space See Exhibit A for Parking L.ot space together with any buildings, fv:tures ia such buildings, improvements and structures, if any, located thereon; See Exlubit "A", plan or map of leased area which is inwrporated 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 eazIier by the LESSOR as provided herein. Term (Months/Years) Commencing Date Ending Date � Jv�Y t J�..�c3o 1 year -itmc 36', 20Q4 3�uc�9, 20Q5 � [3} Use of Premises. The LESSEE shall use and occupy the Leased Premises for the following purpose: Office and pazkin�snace for contractor for the State of MN Deot Human Services Buildins. and for no other purpose without the prior written consent o£ LESSOR. 1 [4] Rent Rent shall consist of Basic Rent and such Addifional Rent as may apply. I.ESSEE 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: �- �'�� (A) Basic Rent Office and Parldne Total Basic Rent � During I,ease Term (Payment Period — Commencing Date —$ per Period) Jv�Y t �j/Yl $40,536.00. montUly 3�ac�8, 2004 $3,378.00. � Office space for the term is $7.00 per sf. based on 2488 SF of office sgace. LESSEE has the right to nse the Pubiic Restrooms off the main lobby entrance. Annual rent $17,416.00. Parking space is $65 per stall �er month for 30 stalls. LESSEE shall be responsibie for plowing and/or snow removal of the space. LESSEE will not fence off it's leased parking premises. A.nnual rent $23,400.00. •: -.. .�. - .. . .. � . � .. .. ,. .. ..•. . ...... .. . . :..• ,. .: . .. .: ... . .. � . ., . .. .. . .. ... = ... ..: � .. .. . . . , . . •� , . .� . . � ..� . ... ..-,.:- . . :, . .. .. . . , ... . ... . . .� . .. ;. .•, . . :, : : . . ... ..: �. . • . . . . . . - .... .. ;, . :� , . . . ., � .. . ... � :w n :w • • • • � � n :� • � nr ru :� G� • m m � • � :w � • �� • • :� : a - � • t� n• i•�'�• :r ��. �- • :� •�:.�� n •��•.�• :w �� n'� �: t� •• • .�i •:•� '• �:�•-�•� '�b�• � aq•:� 4••.:Y � • • •: � • � • � "r� - • nt - • • � • • � - �+ - • � � • � LESSEE shall make all payments of Basic Rent and Additional Rent to LESSOR at the following address: SPPD Accounting 367 Grove Street Saint Paul MN. 55101 'fhe applicable account number for City Finance Accounting Code is: General Fund of the Pubiic Safetv BuildinQ Onerations 001-04340 All Basic shall be payable on the date certain provided herein, or — if no date certain is provided—within 30 days ofthe billing date. The Lessor shall charge interest of 1.5%per 2 month on any Basic ar�dr&tiona3-Rent remaining unpaid beyond the due date as here provided. � � 13? :�: w •:u • •�m • •• •.. .n .u• n �w _.+u�. �� r.e • m • ��r.. u. • w , �^• • m :n• •.+� r_ +� m�• �� • .m � .n .0 • r . • n � • .. � • • • t • n :. n n � � a� r n � u •� • • u � • . � � � n . w • � � � � � v n • • . • • �^ r.� • Y � .o� • . � r n � • n • • .m nn • • . :� • r.� - • u ��• n. •u n�• � •�� •�• .0 � �v�• m • • .n •�� n.� • :un m � -• • n.� . rn� � • • �� :n�� n [6] �Lt of Entrv. At all times during the term of this lease, the LESSOR shail have the ri�t, 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. �• � - - �' . . .�� -. . _ - � � .a--� -� �- � � • - - P � 1 �� - - -.' -u - -- - - " ,. .. .. .. � '- - - - - - -- -- - . - - - - ., ...:. - . �v .� - - _ - . • . ' ' _ ' " ' ' " -_ _ _ (B) LESSEE'S Insurance. The LESSEE shatl acquire during the term of this lease the following coverage: (1) The LE5SEE shall be responsible for the self insurance of, or the acquisition of Commercial Properiy Insutance on, its personal property. (2) COMIVIERCIAL GENERAL OR PUBLIC LIABILITY INSURANCE including blanket contractual liability coverage, personal injury liabifity coverage and broad form property dan�age liability endorsement with a combined single limit ofnot less than $I,O�O,�Oo, per occurrence, $2,000,000 aggregate, shall be ptuchased by the LESSEE. Such insurance shall: (a) name the City of Saint Paul as additional insured; (b} beprimary withrespect to LESSOR'S insurance or self-insurance; 0) include an "ali services, products or completed operations" endorsement ,(d) not exciude explosion, collapse and underground property damage; (e) be written on an "Occurrence" Form policy basis; and (fl not contain an "aggregate" policy limit unless specificaily agproved in writing by LESSOR. (3) AUTOMOBILBLIABILITI'INSURANCEwithminimumlimitsof$ person, $500,000 property damage and $2,000,000 aggregate limits, coveringhired, non-owned and owned automobiles. (4) WORKER5'COMPENSATIONINSURANCEwithnotlessthanstaxutoryminimum limits; and EMPLOYERS` LIABILtI'I' INSURANCE with minimum limits of at � OS-� 3 7 least $500,000 per accident, $500,000 per employee and $SOQ,000 per disease, with an all states endorsement. (5) The LESSEE shall supply to LESSOR current insurance certificates for policies required in Paragraph (7). The said certificates shall certify whether or nat the agent has errors and omissions insivauce coverage. (� The Iimits cited under each insurance requirement above establish minimums; and it is the sole responsibility of the LESSEE to purchase and maintain additional insurance that may be necessary in relatian to this lease. (7) Nothing in this contract shall constitute a waiver by the LESSOR of any statutory limits or exceptions on liability. (8) LESSEE shall place the insurauce with responsible insurance companies authorized and licensed to do business in the State ofMinnesota and approved byLESSOR, and sk�all deliver copies of the policies to LESSOR on the date of LESSEE'S execution ofthis agreement. The policies required inparagraph (7) shallbe endorsedto indicate that the insurer cannot cancei or change the insurance without first giving the LESSOR 30 days' written notice. (9) Insurance limits shall be subject to the tort claims liability Innits as set forth in chapter 466 of Minnesota Statutes. (C) W aiver of Subro,gation. LESSOR waives its right of subrogation for damage to the Building, contents therein, loss of use thereof, and/or loss of income, up to the amount of insurance proceeds collected. LES3EE waives its right of subrogation for rlamage to properiy in the Leased Premises, loss of use thereof, loss of income as�dlor accounts receivable, up to the amount of their respective insurance proceeds collected. The parties shall notify their respective insurance companies, in writing, of the provisions of this pazagraph; and, if either cannot waive its subrogation rights, such party shall immediately notify the other party, in writing. [8] Cancellation or Termination. This lease sba11 be subject to cancellation and termination by LESSOR at any tane during the term hereofby giving the LESSEE nofice in wriring at ninety (90) days, (thirty (30) days for leases with a term of one (1) year or less or any month-to-month tenancies) prior to the date when such termination shall become effective. In the event of such teiminarion, and on the effective date of such ternunation, LESSOR shall retum any uneazned rental paid by the LE3SEE without interest. [9] Notice. All norices herein provided to be given, or that may be given by either pariy to the other, shall be deemed to have been fully given when served personally on LESSOR or LESSEE, or when made in writing and depositedintheUnited StatesMail, certified andpostageprepaid, and addressed to the LESSEE at the address stated on page (1) and to the LESSOR at the Real Estate Division, 140 City Hall, 3aint Paul, Minnesota 55102. The address to which the norice shall be mailed may be changed by written notice given by either pazry to the other. Nothing herein shall preclude the giving of such address change notice by personal service. 0 05-/37 j10} nss ignment and Snblettina. LESSEE shall not assign oz sublet this Lease without the written consent of the LESSOR, which consent must be obtained prior to the �ecution of any agreement to sublease the Leased Premises. [11j Maintenance and Repairs. �E I.ESSOR shall, at its own cost and eatpense, be responsible for all zepairs, mainteaance and upkeep of the Leased Premises, including but not Iimited to emergency repaus of any land; mutine maintenance and repair to keep the Leased Premises in good repaiz, safe and in compliance with applicable fire, health, building and other Iife-safety codes; and all repaus and maintenaxice needed to keep the buildings or structures on the Leased Premises in good condition, including (a) the exterior (including windows and doors) and interior sizucture of the buildings or structures, (b) the roof or roofs, 0} the heating, ventilating and air condirioning systems therein, (d) ail elecirical, plumbing, 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 LESSBE shall pay LES50R all costs and expenses, including 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) Snrrender of Premises. The LESSEE, at the eJCpiration of said term, or any sooner termination of tYris Iease, shall quit peacefully and surrender possession of said property and its appurtenances to LESSOR in as good order and condition as the property was delivered to the LESSEE.� S��T �i�t� To 2�soNaac.E wE.aK � T�arL . j14] Indemnitv. The LESSBE a�ees to indemnify, defend, save andholdl�azmless the City of SaintPaul and any agents, officers and employees thereoffrom all clauns, demands, actions or causes of action of whatsoever nature or character, arising out of or by reason of the L,ease of the herein described Leased Premises by the LESSOR to the LESSEE, or the use or condition of the Leased Premises or as a result of the operations or business activities taking place on the Leased Premises. It is fully understood and agreed that LESSEE is 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 sha11 be deemed to be a tenancy only from month-to-month. All other terms and conditions of this Lease shall be applicable. [16J Pollution and Contaminants. LESSEE agrees to comply with all ordinances, laws, rules and regulations enacted by any govenuuental body or agency relating to the control, abatement or emission of air and water contaminants and the disposal of refuse, solid wastes or Iiquid wastes. LESSEE shall heaz 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 � cluding without limitation, fines, forfeitures, and penalties arising from the failure by LESSEE to comply with such ordinances, laws, rules or regulations. LESSOR has the right to perfozm cleanup and charge the LESSEE as Additiouat Rent for such costs should tbe LESSEE fail to comply. [17j Conttoliing Lease. In the event there is any prior existing lease or rental agreement between LESSEE and LESSOR (or its predecessor in interest) covering the subj ect pmperty, it is a�eed and understood that this I.ease shail cancel and terminate any prior leases or rental agreements as ofthe effective date of this lease. [18] Destrnction. 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 damage during the term of this �� Lease, �S� may at its option: PAKT'� �tVF LS� �T/ i (A) tenninate the lease upon�fleea�3�j days' written norice to LESSEE; or ��1. (B) within fifteen (15) days agree to restore the premises witlun 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 . ... . . . . . .., .. . .. ..�� • . . .. . � � .. ; . . . ;� . : . . .� . . , . .� .. .:. . . . . , :.. .... . . . . ,. ., . : : . � . : • :, • :, : � . • • :w .. • � • � � � • • • n n :� • � • � �w :� - � -• • : • • • � • • � u � • : - � �� - • a n • �i• � • � • �r•�• •• i� •r: •� :•• • 10�1)i:�� . The Basic Rents to be paid during the restoration period shall be abated in proportion to the percentage of loss and impairment of the use of the Leased Premises as detemvned by the LES50R, rimes the number of days of loss or impairment. (19] Events of Default. The occutrence of any of the following events during the term of this Lease sha11 constitute an event of default by the LESSEE: (A) the filing of a petirion to haue LES SEE adjudicated banlffupt or a petition for reorganization or arrangernent under any laws of the United States relating to baiilauptcy filed by LESSEE; (B) in the event a petition to have LESSEE adjudicated banlffupt is filed against LESSEE, the failure to dismiss such petition within ninety (90) days from the date of such filing; (C) the assets of LESSEE or of the business conducted by LESSEE on the Leased Premises he assumed by any ttustee or other person pursuant to any judicial proceedings; (D} LESSEE makes any assigunent for the benefit of creditors; (E) thefailurebyLESSEEtotimelypayBasicRentorAdditionalRentasrequiredbythisl (F� the failure by LESSEE to observe and perform any covenant, condirion or a� on its part to be obsenred or performed as required by this Lease; or (G) the failure by LESSEE or its surety to discharge, satisfy or release any lien or lien statement C� OS -/ 3 7 filed oz recorded against the Leased Premises within sixty days after the date of such filing or recording, whichever date is earlier. Itis an express covenant and agreement ofLESSORandLESSEE thatLESSORmay, 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 Iiens 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 ofLESSEE'S estate. It is further expressly understood and agreed that LESSOR shall be eniitled upon such reentry, notwithstanding any other provision of tlus I,ease, to exercise such rights and remedies as are provided in Paragraph (24) of this Lease. [20] Com�liance 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 ali laws, rules, regulations or ordinances imposed by any jurisdiction affecting 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. C.frsor� eNp Ges.r�� CJND£KSTAND �d.aT �N� An�rt�.tes .eae. � Gu��c�+r�Y I�+ ,d fo�v�rra.� 7Y}AT taMNc/.eS wrTH Co�. .� (21] Non-Discrimination. The LESSEE for himself, his personal representatives, successors in interest and assigns, as a part of the considerafion 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, maritai status, status with respect to public assistance or national origin or anceshy shall be excluded from participating in, be denied the benefits of orbe otherwise subjected to discrimination in the use of said facilities; (B) that in connecrion with the construction of any impmvements on said lands and the fumishing of services thereon, no discrunination shall be practiced in the selection of em- ployees and contractors, by contractozs in the seleclion and retention of first tier subcontract- ors, and by first-tier subcontractors in the selection and retention of second-tier subcon- uactors; (C} that such diseriminarion shall not be practiced against the public in its access in and use of the facilities and services provided £or public accomxnodations (such as eating, sleeping, rest and recreation) consiructed 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 Legislative Code Chapter 183. [22] Liens. The LESSEE shall not permit mechanic's liens or other liens to be filed or established or to remain against the I,eased Premises for labor, materials or services fumished in connection with any additions, modifications, improvements, repairs, renewals or replacements made to the Leased Premises, ; provided that if the LESSEE shall first notify the LESSOR of its 7 intention to o so and sha11 deposit in escrow with the LESSOR a sum of money or a bond or irrevocable 1 tter of credit acceptable to the LESSOR equal to the amount of the claim of lien, LESSEE ma in good faith contest any such claims or mechauic's or other Iiens filed or established LSY �n � 7NE T3ENEFfT of C�S'SEE �� 7 05-l3`I and in such event may permit the items contested to remain undischarged and unsatisfied during the period of such contest. T� in the opinion of the LESSOR, the nonpayment of any such items subjects the Leased Premises to any loss or forfeiture, the LESSOR may require the LESSEE to use the es- crow account to prompfly pay all such unpaid items and if LESSEE fails to pay from the escrow account, the L.ESSOR may pay and charge the LESSEE as Additional Rent. [23] Eminent Domain. In the event the entire Leased Premises are taken by eminent domain, or such portion thereof is so taken that in LESSEE'S reasonable judgement it is uneconomic thereafter to restore the Leased Premises and proceed underthe terms and pmvisions ofthis Lease, LESSEEmay ter�ate this Lease by giving to LESSOR thirry days' written notice of termination, effecrive as of the date on which the condemning authority acquires legal tiUe or physical possession of the I.eased Premises. LESSEE hereby waives and releases any claim to or share in the Awazd 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] Defauit Remedies. In the event an Event of Default occurs under paragraph (19) of this Lease, LESSOR may exercise any one or more of the following remedies: (A) reenterandtakepossessionofthePremiseswithoutterniinationofthisLease,anduseitsbest efforts to ease the Premises to or enter into an agreement with attother person for the account of LESSEE; (B) terminate this lease, exclude LESSEE from possession of the Premises, and use its best efforts to lease the Premises to or enter into an agreement with another in accoxdance with applicable law; (C} exclude LESSEE from possession of the Premises, with or without terminating this Lease and operate the Premises itself; (D) terminatethe Lease, exclude LESSEE frompossession ofthe I.eased Premises, sell all or any part of the Premises at the best price obtainable (provided such sale is pertnitted by applic- able law,) such sale to be on such terms and conditions as the LESSOR, in its sole discretion, shall deternune and apply the proceeds of such sale less any expenses thereof for the account of the LESSEE. (E} exercise any remedies available to it under the Minnesota Uniform Commercial Code; (F) take whatever aetion at law or in equity may appeaz necessary or appropriate to collect the Basac 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 exereising any of its remedies set forth in this Secfion, the LESSOR may, whether or not the Lease is then in effect, hold the LESSEE Iiabie for the difference between the payments and other costs for which the LESSBB is responsible under this Lease. No remedy herein conferred upon or reserved to LESSOR is intended to be exclusive of any other availahle remedy or remedies, but each such remedy shall be cumulafive and shall be in addition to every other remedy given under this Lease or now or thereafter existing at law or in equityby statute. No delay or omission to exercise any such right or power accruing upon any default shall impair any F:3 d6'-/3� 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 expedient In order to entitle the LESSOR to exercise any zemedyreserved to it in tUis Provision, it sha11 not be necessary to give any notice, other than such notice as may be herein ea�pressly required. (25] Defaalt of Pavment LE3SEE agrees that, should it default on any payment owing aud due to be paid to LESSOR as provided in this agreement, including but not limited to Basic Rent and Additional Rent, then the remaining unpaidbalance shall, atthe aptian of the LESSOR, immediately become due. Said LESSE,E further agrees that the LESSOR may, at its option and without notice to LESSEE, enter judgment against LE55EE in Ramsey County District Court for the amount of the unpaid balance. And LESSEfi does hereby confess,}udgment in the amount of the unpaid balance due upon default, and does authorize the LESSOR to enter judgment as provided above. LESSEB does hereby agree that the LfiSSOR, at its option, may enter a judgment, at any time within one year of the time the last payment shall haue come due, for the fuil amount of the unpaid balance due pursuant to the confessaon of judgment provided herein. [26} Alterations. The LESSEE wili not make any alterations to the premises wfthout the written consent of the LESSOR, such consent not to be unreasonably withheld. If the LESSEE desires to make any such alterations, an accurate descrip6on shall first be submitted to and approved bythe LES50R and such alterations shall be done by the LESSEE at its own expense. All such work sha11 be perfarmed under the LESSOR'S supervision and any improvements made to the Leased Prexnises at the LESSEE'S expense shall become the property of the LESSOR at the end of the Lease-period. LESSEE agrees that all alterations wiil be done in a workmanlike manner and in conformance with applicable buiiding codes, that the structival integrity and building systems of the builtling will not be impaired, and that no liens will attach To the premises by reasott thereof. [27] Amended. Anything herein contained to the contrary not withstanding, this Lease may be terminated, and the provisions of this Lease may be, in wriCing, amended by mutual consent of the parties hereto. [28] LESSEE Buildout Im�rovements. LESSEE shall pay the entire cost of any modifications andlor 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 azeas of the Public Safety Building, will be coordinated and must be authorized by Steve Hitchcock, SPPD Properry Manager at 651-266-5667 and/or Howard Homnan at 651-292-3599 (24] LESSEEPERSONNELSECURITY. LESSEEshallprovidepriortooccupyingtheleasedpremise of the office space, a list of personnel assigned to or will frequent the leased premises. In addition, the LESSEE shall provide ID badges for all personnel accessing the leased premises. LESSEE shail provide to LESSflR for the pazking leased premises: the nazne of the vehicle owner; license plate number and state in which the vehicle is licensed; make, model and year of the vehicle. OS -137 IN WITNESS WHEREOF, the pazties hereto have set their hands and seals the day and year in this I.ease first above-written. LESSOR: N/A Mayor N1A City Clerk Chief of Police DirectorofFinancial Services 1 �� City Attorney (Form Approval) LES5EE: Knutson Construction j� ��0�� /�.l �"�l /�oESE�e7' l3. �vde.a I� Sl;, f�ieo�£cT j'1p.vA6E� Its Its 10 r � �� u \ � � \ �LJ $�� A/////I. - r� �� - I � ��! j�' �= ��}�� i�i��ot�,c�i�'�: I� �. - �tL��l"�!��l ,� � I :.`�� IT � � •• � �� _ �� - � � � ,�,�, , � �� ! .� � 4� ' � I�� ,��' • '�, � — _ , � � I� � � � � - �'�� I � � ' 1 � � � i � � ,�1�-�;��_ � . � . . � �� . �� ,, si � -■ I � — � s � � � �"i �. s T e �I' � — r �_-- � � j � �� . _�� ._!. � � =Ep '� f , � _ .. _ � .L�. � . ,., --- -, � i .m � � � e � � m � �� 1� � �� a Y 5 �� 4- N O s$ m ZZpv � �� 04� u.y� �� c[>'a'wz � � O w x � � w w � W z w � � w O ��v i� -1N-- > 1 QNO+—Zw I I V? 0. Q�L N Y � 05•�37 '�/ /� w \V � � � w � L � 4� . � N � � Y. 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MINNEAPOLIS, MN 554161216 63004 � p6r30l2pp4 5156 INITIAL RENT PY 3,378.0� 3,318.00 DETACH AN� RETAIN THIS STATEMENT 3,378.00 3,376.00 THE ATTACNE� CJIECN IS IN PAY!@NT aF ITEMF pESCRIHED %OVC IF NOT COPRECf PL6AAE N%'IFY VS PRM@TLY. NO PEC&IPf OESSftED ��'2469D7��• �:09i2i5927�: i521i900ii53i�'