05-259Presented By:
Referred To:
�LUTION
PAUL, 1VITNNESOTA
Committee:Date:
1 BE IT RESOLVED, that the City Council author'szes the City of St. Paul, Police Department, to enter
2 into the attached Lease Agreement with Amherst H. Wilder Foundation, whic6 includes an
3 indemnification clause. A copy of said agreement is to be kept on file and on record in the Office of
4 Financial Services.
5
6
7
S
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Yeas _ Nays _nbsent Requested by Department of:
pted by Council: Date: � ��3.�dD�
ition Certified by Council Secretary:
Council File # �5'aZ'S
Green Sheet # 3025164
� Green Sheet Green Shee#" Green Sheet Green Sheet Green Sheet Green Sheet �
PD — Pol;ce Depanment
Contact Person & Phone:
Chief John Harrin9ton
266-5588
Must 6e on Gouncil Agenda by
Total # of Signature Pages
Date Inftiated: �1 �—^��
o�E�S I Green Sheet NO: 3Q25164
� Deoartment SeMToPerson InHiaVDate
Q IiceDe t P ic De artm nt
ASSign 1 0l ce e artment De artmen 're tor
Num6ef 2 inan ' I rvice Fin ncia ice �
For
��� 3 i Att roe i A me
Ocdef 4 0' � e M rA is n
5 o n il i Co ncil
6 i r Ci rk
7 1'ce e rt t Polic e ent
(Clip AlI Locallons for Signature)
Action Requested:
Signatwes requested on the attached council resolution authorizing the Ciry of St. Paul, Police Deparhnent, to enter into the attached
Lease Ageement with Amherst H. Wiider F oundation to lease space located at 516 Humboldt Avenue.
idations: Approve (A) or Re�ect (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Answer the Following Questions:
t. Has this perso�/firm ever worked untler a�ntract for this depadment?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yss No
Facplain all yes answers on separate sbeet and attach to green sheet
Initiating Problem, Issues, OQportunity (Who, What, When, Where, Why):
The St. Paul Police Department will use the lease space located at 516 Humboldt as a Police Substation.
Advantages If Approved:
The St. Paul Police Department will be more available to the communiry. Police presence will deter crime.
Disadvantages It Approved:
Vone.
��������
r�aR a Q 2oa�
�isativantages If Not Approved: "
ost opportuniry to interact with the communiry and deter crime.
Transactlon:
Funding Source:
inancial Information:
(Explain)
, �.
CostlRevenue Budgeted:
AcGVity Num6er.
�/5�+.� R��P, �°(�PSPpt'
MAR 15 20Q5
��
LEASE AGREEMENT
THTS AGREEMEIV'I' (hereinafter the "Lease") is effective as of the 1 st day of July,
2Q04, by and between the City of Saint Paul, a body corporate and politic under the laws of the
State of Minuesota, acting through its Police Department ("Tenant") and Amherst H. Wilder
Foundation, a Minnesota non-profit corporation ("Landlord").
WITNESSETH:
i. PREMI5ES.
Landlord owns real properiy located in the City of Saint Paul, County of Ramsey, State of
Mimiesota located at 516 Humboldt Avenue ("Property"). The Properiy is improved with a �
building ("Building"). Landlord, in consideration of the rents and covenants herein contained,
leases to Tenant, and Tenant leases from Landlord, 700 square feet of rentable office space on the
lower level of the Building, as depicted on E%hibit A attached hereto and made a part hereof (the
"Premises").
2. TERM.
Tenant shall have and hold the Premises together with all rights, privileges and
appurtenances thereunto for a term of two (2) years ("Term"). The Term shall commence on July
l, 2004 (the °Commencement Date") and end on June 30, 2006 (the 'Bxpirarion Date"}, unless
earlier terminated as provided for in this Lease.
3. USE OF PRENIISES.
Tenant shall use the Premises as a neighborhood police assignment substation, for general
office purposes and for no other purpose without the prior written consent of Landlord. In no
event shall the Premises be utilized by Tenant as a jail or detenfion facility for apprehended
individuals. Tenant will compiy with a11 applicable laws, ordinances and governmental
regulations applicable to the Premises or the Building and with all rules and regulations from time
to time reasonably adopted by Landlord. Tenant will not commit, permit or cause any nuisance or
waste in or about the Premises or pernut or cause any act or omission to be performed on the
Premises which violates any law, statutes, regulation, ordinance or rule of any kind of any
governmental body or which causes an increase in insurance rates for the Building or which
violates any insarance policy maintained by Landiord. Tenant will not disturb or interfere with
the rights of other tenants or occupants of the Building while using and occupying the Premises.
4. COMMON AREAS.
4.1 Common Areas. In connection with its use of the Premises, during the Term of
this Lease, Tenant sha11 have the right to use the common areas in the lower level the Building as
depicted on the attached E�ibit A and the Buiiding parking facilities (the "Common Areas") in
coxnmon with others entitled to such use, which Common Areas shall include, but are not limited
to, corridors, restrooms, meeting areas, sidewalks, parking and other common facilities. The
Common Areas shall be availabie to the Landlord, all tenants of the Building, their employees,
145S391v7 1
" ' � q
agents, clients and invitees. Tenant agrees not to use or permit the use by its employees or invitees
of said pazking areas for the long-term storage of automobiles or other vehicles.
4.2 Maintenance of Common Areas. Landlord agrees to manage, operate and maintain
in good order and repair ail Common Areas as more fully described in Secfion 7. Management
and maintenance of the Common Areas shall be at the reasonable discretion of Landlord but such
management and maintenance shall be performed so that the $uilding is kept in a commercially
reasonabie condition for its intended use.
5. HA7.ARDOUS MATERIALS.
5.1 Compliance with Hazardous Materiais Laws. Tenant wiil not cause any Hazardous
Materials to be brought upon, kept or used in the Premises or Building in a manner or for a
purpose prohibited by or that could result in liability under any Hazazdous Materials Law.
Tenant, at its sole cost and expense, will compiy with all Hazardous Materials Laws and prudent
industry practice relating to the presence, treatment, storage, transportation, disposal, release or
management of Hazazdous Materials in, on, under or about the Property required for Tenant's use
of the Premises and will notify Landlord of any and all Hazardous Materials Tenant brings upon,
keeps or uses in the Premises or Building (other than small quanfities of office cleaning or other
o�ce suppiies as aze customarily used by a tenant in the ordinary course in a general office
facility). On or before the expirarion or earlier ternrination of this Lease, Tenant, at its sole cost
and expense, wiil completely remove from the Property (regardless whether any Hazardous
Materials Law requires removal), in compliance with all I-Iazardous Materiais Laws, all
Hazardous Materials Tenant causes to be present in, on, under or about the Premises or Buiiding.
Tenant will not take any rexnedial action in response to the presence of any Hazardous Materiais
in on, under or about the Premises or Building, nor enter into any settlement agreement, consent
decree or other compromise with respect to any claims relating to or in any way connected with
Hazardous Materials in, on, under or about the Properiy, without first notifying Landiord of
Tenant's intention to do so and affording Landlord reasonable opportunity to investigate, appear,
intervene and otherwise assert and protect Landlord's interest in the Premises and Building.
5.2 Notice of Actions. Tenant will notify Landlord of any of the foilowing actions
affecting Landlord, Tenant or the Property that resuit from or in any way relate to Tenant's use of
the Property immediately after receiving notice of the same: (a) any enforcement, clean-up,
removal or other governmental or regulatory action instituted, completed or threatened under any
Hazardous Materials Law; (b) any ciaim made or threatened by any person relating to damage,
conhibution, liability, cost recovery, compensation, loss or injury resulting from or clauned to
result from any Hazardous Material; and (c) any reports made by any person, including Tenant, to
any environmental agency relating to any Hazardous Material, including any complaints, notices,
warnings or asserted violarions. Tenant wili also deliver to Landiord, as promptiy as possible and
in any event within five (5) Business Days after Tenant first receives or sends the same, copies of
all claims, reports, complaints, notices, wamings or asserted violations relating in any way to the
Premises or Properry or Tenant's use of the Premises or Properry. Upon Landlord's written
request, Tenant will promptly deliver to Landlord documentation acceptable to Landlord
reflecting the legal and proper disposal of all Hazardous Materials removed ar to be removed
from the Premises and/or Property. All such documentation will list Tenant or its agent as a
responsible party and will not attribute responsibility for any such Hazardous Materials to
Landlord.
1458397v1
45�� 5�
53 Disclosure and Warning Obli�arions. Tenant acknowledges and agrees that all
reporting and waruiug obligations required under Ha�ardous Materials Laws resulting from or in
any way relating to Tenant's use of the Premises or Property aze TenanPs sole responsibility,
regardless whether the Hazardous Materials Laws pernut or require Landlord to report or warn.
5.4 Indemnification. Tenant wiil release, indemnify, defend (with counsel reasonably
acceptable to Landlord), protect and hold harmless Landlord from and against any and all claims
whatsoever arising or resulting, in whole or in part, directly or indirectly, from the presence,
treatment, storage, transportation, disposal, release or management of Hazardous Materials in, on,
under, upon or from the Properiy (including water tables and atrnosphere) resuiting from or in any
way related to Tenant's use of the Premises, or Properiy. Tenant's obligations under this section
include, without limitation and whether foreseeable or unforeseeabie, (a) the costs of any
required or necessary repair, clean-up, detoxification or decontaminarion of the Property; (b) the
costs of impiementing any closure, remediarion or other required action in connection therewith
as stated above; (c) the value of any loss of use and any diminution in value of the Property; and
(d) consultants' fees, experts' fees and response costs. The obligations of Tenant under this
section survive the expiration or earlier termination of this Lease.
6. RENT.
Tenant shall pay to Landlord annual rent in the amount of One and 00J100 Dollars ($1.00)
payable on the Commencement Date and on Ju1y l, 20Q5.
7. LANDLORD'S MAINTENANCE AI�iD REPAIR RESPONSIBILTTIES.
Landlord shall, at all times and at its own expense, maintain and keep the Building,
including the outer walls, roof, floor, foundation, interior support columns, heating systems, air
conditioning system, electrical system, plumbing systems, exterior windows, Common Areas,
lawn azeas and parking lot in good order and repair and in compliance with all applicable building
codes. As used herein, the term maintenance shall inciude the removal of snow from the parking
lot and sidewalks. Tenant shall be responsible for the cost of repairing any damage to the
Premises or Building caused by the fault or negligence of Tenant, its employees, or invitees.
Tenant sha11 pramptly notify Landlord in writing of the necessity for repair to the systems serving
the Leased Premises.
8. TENANT'S MAINTENANCE AND REPAIR RESPONSIBILITIES.
Tenant shall be wholly responsible, at its sole cost and expense, for the maintenance and
repair of the Premises, except for heating, electrical, air conditioning and plumbing systems
located within the Premises and exaept for any structural elements or load bearing wa11s located
within the Premises and will keep the Premises in as good condition as when turned over to it,
reasonable wear and tear and casualty loss excepted. Tenant agrees to keep the Premises in an
orderly, ciean and sanitary condition; wi11 neither do nor permit to be done therein anything which
is in violation of the terms of insurance policies on the Building; will neither do nor permit to be
done on the Premises anytl�ing in viola6on of laws or ordinances appiicable thereto; and will
neither commit nor sufFer waste to the Premises.
1458397v7
C75 -�'�!
9. SIGNAGE.
Tenant sha11 be pernutted to erect a sign on the e�erior of the Buiiding indicating the
locafion of a neighborhood police substation on the Premises. Tenant shall neither erect nor
display any other signage without the prior written consent of the Landlord. Tenant agrees to
remove such sigiage upan expiration or termiitation of the Lease and to repair any damage to the
Building caused by such si�age at its sole cost and eapense.
10. TTTII,ITIES.
Landlord shall pay for all electricity, natural gas, water and sewage services provided to
the Premises and for the cost of eleciricity andtor natural gas to operate the heating and au
conditioning system serving the Premises. Tenant shall pay for Tenant's telephone service.
Landlord shail provide irash removal and pest control services to the Pxemises.
il. INSURANCE AND INDEMNIFICATION.
Upon execution of this Agreement, Tenant sha11 provide to I.andlord a certificate of
insurance evidencing:
(a) a general liabiliry policy in the amount of $1,�00,000 per occurrence with
$3,000,�00 aggregate coverage;
(b) a properry insurance policy providing coverage in an amount not less than the full
insurable repiacement cost of ali of Tenant's personal property at the Property;
(c) worker's compensation insurance and any other kind of insurance required by any
statute, ardinance or regulation of any governmental body in connection with the operation or use
of the property by Tenant.
Such insurance policies shall be with an insurer licensed to do business in the State of Minnesota
and name Landlord as an additional insured thereunder.
11.2 Indemnification. Except to the extent caused by the negligence or intentional
misconduct of Landlord and its agent(s), Tenant agees to indemnify and hold Landiord and its
agent(s) harmless from and against every third parry demand, claim, cause of action, judgment,
cost and expense, including attorneys' fees and court costs, and any other loss or damage which
arises from or is connected with the use or occupancy of the Premises, the Common Areas or the
Building or the Property by Tenant, its agents, contractors, servants, employees, licensees or
concessionaires or which results from the violation of any law, ordinance, ar governmentat order
by Tenant, its agents, contractors, servants, employees, licensees or wncessionaires or which
result from the breach of this Lease by Tenant, its agents, contractors, servants, employees,
licensees or concessionaires.
11.3 Waiver of Claims. Landlard hereby waives and releases all claims, liabilities and
causes of action against Tenant, its officers, empioyees and agents for loss or damage to or
deshuction of the Buiiding or any related improvements resultin$ from fire, explosion or other
perils 9ncluded in a standard "all risk" casualty insurance policy, and, Tenant hereby waives and
releases ail claims, liabiliries and causes of acrion against Laxullord, its directors, officers,
145$397v7 �
05-2��
employees and agents for loss or damage to or destruction of any of the improvements, fixt��res or
personal property, whether that of Tenant or others, for the Premises resulting from fire, explosion
or other perils included within a staudard "all risk" casuaity insurance policy.
12. FII2E OR OTHER CASUALTIES.
If the Building is substantially damaged or destroyed by fire or other casuaity, or if
damage to the Builcling makes the Premises untenantable for its intended use, or if the Premises
aze substantially damaged or desiroyed by fire or other casualiy, either Party may terminate tlus
Lease, provided the texminating Fariy gives written notice thereof to the other Pariy within Y.hirry
(30) days after the date such fire or other casualry occurs in which case the Lease shall terminate.
If neither Landlord nor Tenant termivates the Lease, Landlord shall within a reasonable time and
at its own expense, restoxe the Premises, exclusive of any improvements, alterations or other
changes which are made to the Premises by Tenant or which are insured by Tenant, to as near the
condition which existed 'uxunediately prior to such fire or other casualty as is reasonably possible
and Rent shall abate during such restoration period.
13. CONDENINATION.
If the en6re Building or that portion of the Building which includes all or substantially ail
of the Premises is permanently taken by eminent domain, this Lease shall automatically terminate
as of the date of such taking. If any portion of the Building is taken by eminent domain, Landlord
shall have the right to terminate this Lease by giving written notice thereof to Tenant within
ninety (40) days after the date of such Caking. If only a portion of the Premises is taken by
eminent domain and Landlord elects not to terminate this Lease, Landlord shall, at its expense,
restore the Premises, exclusive of any improvements, alterations or other changes which are made
to the Premises by Tenant or which are insured by Tenant, to as near the condition which existed
unmediately prior to the date of such taking as is reasonably possibie. Upon completion of any
necessary restoration, an adjustment shall be made to the Rent, if appropriate, to reflect any
reduction in the size of the Premises resulting from such taking. Tenant sha11 have no right to any
of the award or payment made in connection with such taking; provided, however, that Tenant
shail be entitled to recover any separate amount for Tenant's fixtures andJor relocation casts
whioh Tenant may be awarded under relevant statutes, ordinances or regulations.
14. ASSIGNMENT.
Tenant wiil not assign this Lease, and will not sublet any part of the Premises, without the
priar written consent of Landlard. Any such assignment or subletting will not release the Tenant
firom its responsibilities under this Lease, unless expressiy agreed to in writing by the Landlord.
15. DEFAULT AND TERMINATION.
15.1 Default of Tenant. Each of the following shall consfitute an Event of Default under
this Lease:
(a) Tenant breaches any aa eement, term, covenant or condition which this Lease
requires Tenant to perform and such breach continues uncured for a period of thirty (30) days
after written notice from Landlord to Tenant (unless such breach cannot reasonabiy be cured
within such thirty (3Q) day period in which case Tenant shall commence such cure within such
14$8397v7
p5-�.� �
thirry (30) day period and shail proceed diligenfly to cure such breach within a reasonable time,
not to exceed ninety (94) days);
(b) This Lease or the Premises or any part thereof is executed upon or is taken by
other process of law d'uected against Tenant, or becomes subject to any attachment at the instance
of any creditor of Tenant, and the attachment is not discharged or disposed of within fifteen (15)
days after its levy;
(c) Tenant files a petition in banlffuptcy or insolvency or for reorganizafion or
anaugement under the bankruptcy laws of the United States or under any insolvency act of any
state, or admits the material allegations of any such petition by answer or otherwise, or is
dissolved or makes an assignment for the benefit of creditors;
(d) Involuntary proceedings under any banta�uptcy law, or insolvency act or law
governing the dissoluflon of Tenant are instituted against Tenant, or a receiver or hustee is
appointed for all or substantially all of the property of Tenant, and such proceeding is not
dismissed or such receivership or trusteeship vacated within sixty (60) days after such institution
or appointment; or
(e) Tenant attempts to assign, pledge, mortgage, transfer or sublet TenanYs interest
under this Lease without Landlord's prior written consent.
15.2 Landlard's Remedies. If any one or more Event of Default occurs, Landlord may
notify Tenant in writing that this Lease shall terminate as of the date specified in such notice and
regain possession of the Premises using legal process including eviction unless Tenant has
voluntarily delivered possession to Landlord; provided, however, no notice from Landlord under
this Lease or under any applicable eviction or similar statute shall constitute an election on the
part of Landlord to tertninate this Lease unless such norice expressly states that the Lease will be
terxninated as of a certain date.
15.3 Damaaes. If an Event of Default occurs and Landlord exercises its remedies
hereunder, Tenant shall pay to Landlord as damages on demand all expenses reasonably incurred
by Landiord in connection with (i) the curing of an Event of Default; (ii) any ternunation of this
Lease; (iii) any reletting of the Premises (including bmkerage fees, legal fees and costs of
repairing or redecorating the Premises).
15.4 Remedies Cumulative. Each ri�t or remedy provided to Landlord in this Lease is
cumulative and is in addition to every other right or remedy provided to Landlord in this Lease or
existing now or after the date of this Lease at law, or in equity or by statute or otherwise. The
exercise or begimzing of the exercise by Landlord of any one or more of the rights or remedies
provided for in this Lease or which exists now or after the date of this Lease at law, or in equiry ar
by statute or otherwise shall not prejudice the simultaneous or later exercise by Landlord of any
or a11 other rights or remedies available to Landlord.
16. ALTERATIONS.
Tenant accepts the Premises in an "AS IS — WI�RE IS" condition. Landlord is under no
obiigation to make any structivai ar other alterations, decoration, additions or improvements in or
to the Premises. Tenant shall not make any alterafions or improvements ("Alterarions") to the
1458397v7 6
OS � 5g
Premises without the written consent of the Landlord. If Tenant desires to make any Alterarions,
an accurate description of such Alterations shail first be submitted to and approved by the
Landlord. Any Alterations approved by Landlord shall be done by Tenant at TenanYs sole cost
and expense. Tenant agrees that all such work shall be done in a good, workman-like manner and
in conforruance with applicable building codes, that the structural integrity of the Building shall
not be impaired, and ttiat no liens shall attach to the Propeny by reason thereof. Tenant shall pay
in a timely fashion for any labor or materials used in making such Alterations, shall indemnify
and hold Landlord harmless from any claims therefor, and shall protect and defend the Property
from mechanic's liens for labor performed or materiais provided in making such Alterations.
Unless the Landlord shall elect at any time that all or any part of such Alterafions shall remain,
Tenant shall restore the Premises to its original condition (except as to any part of said Alterations
which the Landlord shall elect to remain) before the expiration or termination of the Lease at
Tenant's own expense. Any such Alterations shall become the properiy of the Landlord as soon
as they ue affixed to the Premises and all right, titie and interest therein of Tenant shall
immediately cease unless otherwise stated in writing.
17. RTGHTS RESERVED BY LANDLORD.
17.1 Landlord specificaliy reserves the following rights:
(a) to control, install, �x and maintain any and all signs on the Building and in the
corridors, entrances of the Building except Tenant shall have the following rights relating to
signs: right to display signs noting Tenant's identity and services at the Premises as stated in
Section 9;
(b) to reasonably designate, limit, restrict and control any service in or to the Buiiding;
(c) to retain at all times and to use in appropriate instances keys to ali doors within and
into the Premises. No locks shall be changed without the prior written consent of Landlord. This
provision shall not apply to Tenant's safes or other areas maintained by Tenant for the safety and
security of weapons, monies, securities and negotiable inshuxnents; and
(d) to make any repairs, aiterations, addirions ar improvements, whether structural or
othenuise, in and about the Premises or the Building and to demolish any improvements which
are part of the Building or are located in or around the Building and to enter upon the Premises for
the purpose of inspecting, cleaning, repairing, altering or improving the Premises to temporarily
close doors, entry ways, public spaces and corridors to the Building and to intemtpt or
temporarily suspend the Building services and facilities described in this Lease. Landlord will
notify Tenant of any planned repairs, alterations, additions or improvements in and about the
Premises or the $uilding by providing Tenant reasonable advanced nodce, unless there is an
emergency. In completing such repairs, alterations, additions or unprovements, Landlord shail
make all reasonable efforts not to disturb the Tenant.
18. SURRENDER OF PREMISES.
Upon the expiration or eariier termination of this Lease, Tenant shall, at its sole cost and
espense:
1458397v7
�S-�.� Q�
(a) Remove all of its equipment, trade fixuues, machines and other personal properiy
from the Premises;
(b) Deliver possession of the Premises to Landlord in good condition and repair,
reasonable wear and tear and casualty loss excepted;
(c) At the request of Landlord, remove all Alterations which have been made or
installed by Tenant in the Premises and repair any damage caused by such removal; and
(d) Prompfly surrender ail keys for the Premises to Landlord.
All personal property left in the Premises after the expirarion or earlier termination o£ this
Lease shall be deemed abandoned and shall be deemed the property of Landlord. Tenant shail pay
to Landlord all costs and expenses Landlord incurs in connection with the removal, transportation
or storage of any properiy so left in the Premises and with respect to restozing the Premises to
good order, condition and repair.
19. HOLDOVER TENANCY.
In the event Tenant remains in possession of the Premises after the expiration of this Lease
and without the execuflon of a new lease and without Landlord's written consent, Tenant sha11 be
deemed to be occupying the Premises without claim of right and as a month-to-month Tenant.
20. SUBORDINATION.
This Lease is and shall be subject to and subordinate in all respects to any and all
mortgages or other security interests, including any renewals, modifications, consolidations,
replacements and extensions thereof which Landlord hereinafter creates provided that the
mortgagee or secured party provides Tenant with a non-disturbance agreement which
acknowledges that Tenant's right to quiet possession shall not be disturbed if Tenant is not in
default and so long as the Tenant shall pay the Rent and observe and perform all of the terms and
conditions of the Lease unless this Lease is otherwise terminated pursuant to its terms.
If requested by Landlord, Tenant shali execute and deliver to Landlord whatever
instxuments may be required in connecfion with any subordination of this Lease. Such
instruments sha11 include, without limitation: (a) an agreement by Tenant that Tenant shail attorn
to such mortgagee or purchaser at any sale in foreclosure, and recognize such mortgagee or
purchaser as the Landlord hereunder for the remainder of the Term; and (b) an agreement in
cvriting by such party that so long as Tenant is not in default hereunder, TenanY's rights under the
Lease and possession of the Premises shall not be disturbed by such parry.
21. RULES AND REGULATIONS.
Landlord may, from time to time, adopt rules and regulations far the safety, benefit and
convenience of ali tenants and other persons in the Building. Landlord shall uniformly apply such
rules and regulations to all tenants in a non-discriminatory manner. Upon written notice thereof
to Tenant, Tenant shali perform, observe and comply with any changes, amendments or additions
thereto as from time to time shall be established and deemed advisable by Landlord for tenants of
the Building. Landlord shall not be liable to Tenant for any failure of any other tenant or tenants
iass397v7 S
C�5-a.5�
of the Building to comply with such rules and regulations. Tenant shall cause its employees,
agents, licensees and invitees to comply with the rules and regulations.
22. NOTICES.
All notices, consents, demands, and requests wlrich may be or are required to be given by
either party to the other, shall be in writing and sent by United Staxes registered ar certified mail,
with retum receipt requested, address as follow:
TO THE TENANT:
St. Paul Police Department
Central District
100 East 1 l�` Street
St. Paul, MN 55101
Attention: Colleen Luna
TO THE LANDLORD:
Amherst H. VJilder Foundation
919 Lafond Avenue
St. Paul, MN 55104
Attention: Real Estate Asset Management
The date which said registered or certified mail is mailed shall be conclusively deemed to
be the date on which a notice, consent, demand or request is given or made. The above address of
a party may be changed at any ume or from time to time by notice given by said party to the other
pariy in the manner hereinabove provided.
23. ASSIGNMENT BY LANDLORD.
Landlord may assign its right, title, and interest in this Lease to a third party, and nothing
in this Lease shall restrict the right of Landlord to sell, convey, assign or otherwise transfer its
interest in the Property. Any sale, conveyance, assignmant or other transfer of the Property oz any
portion of the Property shall operate to release Landlord from liability under this Lease from and
after the effective date of such transfer so long as Landlord's successor in interest assumes
Landlord's obligarions hereunder in wriUng and Tenant shall thereafter look solely to the
successor in interest to Landlord for the performance of Landlord's obligations under this Lease.
This Lease shall not be affected by any such sale, conveyance, assignment or other transfer and
Tenant shall attorn to Landlord's successor in interest under this Lease.
24. MISCELLANEOUS PROVISIONS.
24.1 SineulazlPlural. Whenever the singular number is used in this Lease and when
required by the conteYt, the same shall include the plural, and the masculine gender shall include
the feminine and neuter genders, and word "person" shall include corporafion, firm or association.
24.2 Relationship of Landlord and Tenant. This Lease does not create the relationship
of principai and agent or of partnership or of joint venture ar of any association between Landlord
and Tenant, the sole relationship between the parties hereto being that of Landlord and Tenant.
24.3 Severabilitv. If any term or provision of this Lease shall to any extent be held
invalid or unenforceable, the remaining terms and provisions of this Lease shali be valid and
enforced to the fullest extend permitted by law.
1458397v7
e�-a5�
' 24.4 Headinss. The headings or titles to paragraphs of this Lease are for convenience
only and have no effect upon the construction or interpretation of any part of this Lease.
24.5 Entire Asreement. This instivment contains ali of the agreements and conditions
made between the parties to this Lease and may not be modified orally or in any other manner
than by agreement in writin$ signed by all parties to this Lease.
24.6 Recordine. Neither Landlozd not Tenant shall record this Lease, but, at the request
of either party, the parties shali execute and record a memorandum of this Lease.
24.? Governin� Law. The Parties intend this lease to be governed by and construed in
accardance with the laws of the State of Minnesota.
24.8 Successors and Assi�ns. The covenants and agreements contained in this Lease
shall bind and inure to the benefit of Landlord, its successors and assigns, and to the benefit of
Tenant, its permitted successors and assigns.
[Remainder of this page intentionally left blank.]
1458397v7 10
05 -a 59
IN WITNESS WHEREOF, Landlord and Tenant have caused this ih�rnment to be
effective as of Ju1y 1, 2004. Individuals signing on behalf of a principal wanant they have the
authority to bind said principal.
i
%
Dated: , 2004
By ' — � --
Mayor
8
Dated:
L
W
£
i
4
�}
�
`�
_, 2004�
�.
OF SAII3T PAUL
�
Its: �ectox, Department of Finance &
Mana�ement Services
t
`t
S
Its: Chie�ofPalice
APPROVED AS TQ FORM:
�} ,.
�
ItS: E�SS15L3TIt
f
LANDLORD:
s
AMHERST H.
�
Attomey
FOUNDATION
Its: Vice President
1458397v7 1 1
C75 -a 5�
.:u:
i�L...l
� A
� � �..r
�� �
rn
x
b
�
�
�
4
W
3
m
�
R
�
Q
�
1
�
�
�`
�
�
V
�
9.
�
� 'f')
�A
�
�
Depiction of Premises and Common Areas
�
�
�
�
1458397v7 A-I