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05-806Council File # �5 ' Oao Green Sheet # 3027667 Presented By: RESOLUTION CITY�F SAINT PAUL, NIINNESOTA �7 Referred To: � � Coinmittee:Date: 1 WfIEREAS, the City of St Pau1, Police Deparhnent, has entered into a lease agreement extension (#PD36) 2 with Knutson Construcrion Services; and 3 4 WHEREAS, Knutson Construction Services will continue to pay monthly rent to the CiTy of St. Paul to use 5 office and parldng space at the Public Safety Building located at 100 East llth Street through November 30, 6 2005; and 7 8 WHEREAS, a 2005 £inancing and spending plan needs to be established for the extension of the lease 9 agreement with Knutson Construction Services; and 10 11 WHEREAS, the Mayor pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does cerfify that 12 there are available for appropriafion funds of $17,005 in excess of those estimated in the 2005 budget; and 13 14 WHEREAS, the Mayor recommends that the following addition be made to the 2005 budget: 15 � 16 CURRENT AMENDED 17 BUDGET CIIANGES BUDGET 18 001- General Fund 19 FINANCING PLAN: 20 04340 - Building Maintenance 21 4399- Services 20,268 17,005 37,273 22 Total Changes to Financing 17,005 23 24 SPENDING PLAN: 25 04340 - Building Maintenance 26 0377 - District Heafing 152,402 17,005 169,407 27 Total Changes to Spending 17,005 28 29 THE1tEFORE BE IT RESOLVED, that the City Council approves these changes to the 2005 budget. 30 � Green Sheet Green Sheet OS - 801� Green Sheet Green Sheet Green Sheet Green Sheet � DepartmeMloffiee%ouncii: Date Initiated: PD — poGceDeqaztrn�t 0&AUG-05 Green Sheet NO: 3027667 Contact Person & Phone• DeoartmeM Sent To Person Initial/Date Chief John Hamngton � � 1' n lice D 266-5588 p�jyn 1 oi"ce De a ent De arlment Direc or Must Be on Council Agenda by (Date): Number y �n cial rvices n n` 1 ervi � For � Routing 3 � Attom Ci Attome Order 4 r's M oN "stan 5 o ncil Ci ooncil 6 i erk i 1 rk � ol'ceDe a ent PoliceDe ar[ment ToWI # of Signature Pages (Clip AI1 Locations for Signature) Action Requested: Signatwes requested on the attached council resolution. (attached copy of lease #PD/36 - Knutson Construcuon) Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions: Planning Commission 1. Has this persoNBrm ever worked under a contract for this departmenY? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a ciry employee? Yes No 3. Does this persoNfirm possess a skill not�normally possessed by any curtent city empfoyee? Yes No Explain all yes answers on separate shegt and attach to green sheet Initiating Problem, Issues, Opportuniry(Who, What, When, Where, Why): Need a 2005 finance and spending plan for lease #PD/36. �¢����' � � �e P AdvantageslfApp�oved: " Abiliry to provide service for lease #PD/36. „��;-�,-,; � n; -- � - � �ae:�:��.�,_� ti ��—s—«� AUG 2 2 2005 DisadvantapeslfApproved: None. Disadvantages If Not Approved: ' Inability to provide services for lease #PD/36. Total Amount of , Transaction: 17005 � CosURevenue Budgeted: C.t7�t�'� RP.catarC� �:!?RT@f FundingSource: Kf1UtSOf1COf1SYfUCtI01l ActivityNumber: 04340 Financiallnformation: p�c t) �i ryqynG (Facplain) p'� d A U �UUJ �: ..,m . ._. Chris Nelso� - Request lease Extension of PD36 �PPS Knutson Gontr Senr Page_1 i. . _. ,. ., .. �r�. ,. ... .� . � .. �� . m_. �_ ma _� . �. .�, _,. �. � oS- 8� . From: To: Date: Subject: :.. . . Dave H Nelson Nold, Bob 6/27/2005 10:4525 AM Request lease Extension of PD36 SPPS Knutson Contr.Serv. June 27, 2005, at 8:07 a.m., i received a fax from you requesting an extension of the Iease PD36, that is slated to terminate June 30, 2005. Your extension request is fior ihe period ofi July 1,2005 - November 30, 2005, fior both the office space and the 30 stall parking area on the Public Safety Building site. Your request has been granted and this e-mail shall serve as your notice of the City granting the request. The lease term shall be amended to November 30, 2005. All other terms and conditions of the lease shall remain in full force and affect. Dave Nefson Real Estate Manager PS PD38 with Schadegg Mechanical is scheduled to terminate June 30, 2005. CC: Closner, Beth; Hitchcock, Steve; Nelson, Chris; Pleasants, Dave; Swanson, John; W hite, Peter OB/27/2005 MON 08:08 FAg 6512911840 , CO� C'C1V�� June 27, 2004 Dave NeLson DepArunent ofPub]ic Works Real Estatc Divisian 14(l City Hall St. Paul, MAf 55102 Re: Request for lease extension Dear 14L. Nelson, �� W������ Su"rte 300 Minneapoii& MN 55416 {763) 548-'1400 {763)54fi-2226 Fax vuNnV.la7utsOnCOnStYUClion.coTn Wc wauld likc to cxtend our lease, #PD36, through Noveinber 2005 for both the office and parking lot space we havc been using. The pro-ratcd monthly cost of the office is � 1,451 suid thc p�rkixig spaee is an actditional 0195� ($65 pe+ stal! tuucs 3Q stxlis). We would propose payar�g rent of$17,UU5 ior use af�thc property Crom J41y i sln Novcmber 30, 2005. P(ensc confirnl that tl�is is acccptabfe and I w111 have a ched< cut for tliai balancc. Thank you for your help. Sinccrely f � f `�7 Rol�ert $, Nold, AIA Sr. Project Manager Cc: Sergcant Chris Nelson. St. Paul PD File 51.5G-1.20 Minneapolis, MN lowa City, IA r�oaziooz b5' �o( Rochester, MN AN EQUAL OPPpHTUNITY EMPLOYER / CONTF.4CTOR • (PD36) Authority (A.O. D002416 dated 6/10104) LEASE NO. FINANCE DEP . LEASE NO. PD36 DATE: ` June 15. 2004 LESSOR: CTTY OF SAINT PAUL DEPARTMENT OF Police O �— �Q'`�� LESSEE: Knutson Conslruction Services CITY OF 5AINT PAUL C!O Bob Nold 763-525-3047 5500 Wavzata Boulevard Suite 300 STANDAI2D LEASE AGREEMENT Minneanolis. MN 55416 [1] Leased Premises. The LESSOR, in consideration 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 Safetv Buildine and parkinQ lot and which is legally described as: See Exhibit A for Office space See Exhibit A for Parking I.ot 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 LESSOR as provided herein. Term (Months/Years) Commencing Date Ending Date Jv�Y I JvNe 30 � 1 yeaz -3��ce-3fr, 2004 3mte 2005 �� [3] Use of Premises. The LESSEE shall use and occupy the Leased Premises for the following purpose: Office and parking space for contractor for the State of MN Dept. Human Services Buildin� and for no other purpose without the prior written consent of LESSOR. �t�� o �ti ��',� 1 � ��C ���e�r� .5����i�e��h [4] Ren� Rent shall consist of Basic 12ent 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 tl�e first day of each payment period thereafter as indicated in the Payment Schedule below: (A) Basic Rent Office and Parking Total Basic Rent ��0��� During L,ease Term --� (Payment Period — Commencing Date —$ per Period)� �4�,gib•cx �jiti J�c.Y t �'3 $�4@33fi:9� ,�..✓ monthly -3�ae�9, 2004 �3-,3�89: Office space for the term is $7.00 per sf. based on 2488 SF of office space. LESSEE has the right ro use the PubIic 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 andior snow removal of the space. LESSEE will not fence off it's leased parking premises. Annual rent $23,400.00. ': .. :�: � =.. . .� :. ... . :� :: . .• : . . • J . • • • � � • • � • t � � • � . r • � • � • :J . • � • • • • • • � - � • • • • � • • • • � • • • �� • � • - � i - - : w - � • � • � . - � • • i • •� .♦. .• -�. �i. • •�- :i'•• •: :• • . • . • '. ' _ _ • "�' - •�� �• :� i . • -�' • '� i •�• � i i � � _ �wwlwwl�il�R�i�w.wl�.ww��l��w' • •�- -• - • :� ir• '� -• • • •. • • u i�' • -�� �:• • •�:• i• - i •� :w ` �i i � � � �: • - •� • i •.• -• s - i • - � • ' i i i i : ' • • ' n i f : . • • • • � � i� - i . • • :� • �• LESSEE shail make all payments of Basic Rent and Additional Rent to LESSOR at the following address: SPPD Accounting, 367 Grove Street, Saint Paul, MN. 55101 The applicable account number for City Finance Accounting Code is: General Fund of the Public Safety Buildine Operations 001-04340 Ali 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 . , . o�-� � � � month on any Basic orAdditiauai-Rent remaining unpaid beyond the due date as here provide . � � :�� • � � • � �w � • .n i • : - n� • :w � � � • : nn :w � i � ��1 � • • . �� . . • .. � - �M1 - • � - :U • . � � � • U� � • � • • .� f � n • .w • i a r.• • .w • � � .w • • • • ' • • • • - • � � • + • • - � � � - � .w n � • • • i� � :n - � � u . � • • � • r - n • • : � •• -� r• • �t��' .�•- • � . �� •' �� f - 1 • �.' .a• r� • �! � •• � \ � • �� � ' • • F� .A .� � �� / �� • • �A �� • • • 11� �� • • ' • � �� • • • �w /� [6] RiFht of Entrv. At all times during the term of this lease, the LESSOR shall have the right, by itself, its anents 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 leg'ttunate purpose. [7j Insurance. (A) �B) �• f• . . - � -- . - a - - � - � . • . - t' � 1 • � - - � ' - - - -- - - 0' .: w.. ♦ r- - - = - " _ . � ,� - - - • - - .C' - - - _ = - - - - -- - •' -- - - ' (1) 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 GENER.AL OR PUBLIC LIABILITY INSURANCE including bianket contractual liability coverage, personal injury liability coverage and broad form property damage liabiIity endorsement with a combined single limit of not less than $1,0OO,OQO, per occurrence, $2,000,000 aggregate, shall be purchased by the LESSEE. Such insurance shall: (a) name the City of Saint Paul as additional insured; (b) be primary with respect to LESSOR'S insurance or self-insurance; �) include an "all services, products or completed operations" endorsement ,(d) not exclude explosion, collapse and underground property damage; (e) be written on an "Occurrence" Form policy basis; and (fl not contaan an"aggregate" policy Iimit unless specifically approved in writing by LESSOR. (3) AUTOMOBILELIABILITYINSURANCEwithminimumlimitsof$ person, $500,000 property damage and $2,000,000 aggregate lunits, covering hired, non-owned and owned automobiles. (4) WORKERS'COMPENSATIONINSLIRANCEwithnotlessthanstatutoryminimum limits; and EMPLOYERS' LIABILITY INSURt1NCE with minimum limits of at 3 "� ;+-�� g : ` i � least $500,000 per accident, $500,000 per employee and $500,000 per disease, with an all states endorsement_ (5} The LESSEE shall supply to LESSOR current insurance certificates for policies required in Paragraph ('�. 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 establish 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 contract shail constitute a waiver by the LESSOR of any statutary limits or exceptions on liability. (8) LESSEE shall place the insurance with responsible insurance companies authorized and licensed to do business in the State of Minnesota and approved by LESSOR, and shall deliver copies of the polacies to LESSOR on the date of LESSEE'S execution ofthis agreement. Thepolicies reqtured inpazagraph (7) shallbe endorsed to indicate that the insurer cannot cancel or change the insurance without first giving the LESSOR 30 days' written notice. (9) Insurance limits shall be subject to the tort claims liability limits as set forth in chapter 466 of Minnesota Statutes. (C) Waiver of Subro atg ion• LESSOR waives its right of subrogation for damage to the Building, contents therein, loss of use thereof, andlor loss of income, up to the amount of insurance proceeds collected. LESSEE waives its right of subrogation for damage to property in the Leased Premises, loss of use thereof, loss of income ancllor 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 paragraph; and, if either cannot waive its subrogation rights, such party shall immediately notify the other party, in writing. [8] Cancetlation or Termination. This lease shall be subject to cancellation and termination by LESSOR at any time during the term hereof by giving the LESSEE notice in writing at ninety (90) days, (thirty (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 ac�y unearned rental paid by the LESSEE without interest. [9] Notice. All notices herein provided to be a ven, 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 and postage prepaid, and addressed to the LESSEE at the address stated on page (2) 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 party to the other. Nothing herein shall preclude the giving of such address change notice by personal service. Q 5 ���-� (lOj Assi�nment and Sublettin2. LESSEE sha11 not assign or sublet this Lease without the written consent of ffie LESSOR, wluch consent must be obtained prior to the eatecution of any agreement to sublease the Leased Premises. (11] Maintenance and Repairs. �S�S�E LESSOR shall, at its own cost and eapense, be responsible for all repairs, maintenance and upkeep of the Leased Premises, including but not limited to emergency repairs of any ldnd; routine maintenance and repair to keep the I,eased Premises in good repair, safe and in compiiance with applicable fire, health, building and other life-safety codes; and all repairs and maintenance needed to keep the huildings or structures on the Leased Premises in good condition, including (a) the exterior (incYuding windows and doors) and interior structure of the buildings or structures, (b) the roof or roofs, �) the heating, ventilating and air conditioning systems therein, (d) all electrical, 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 Defanit. LESSEE shall pay LESS012 all costs and expenses, including reasonable attomey's fees in any action brought by LESSOR to recover any rent due and unpaid hereunder, or for the breach or default of any of the covenants or a�eements contained in this Lease, or to recover possession of said property, whether such action progresses to judgment or not. {13] Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner termination of this lease, shall quit peacefuliy 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? Sva,��cT �� 7'0 /z�so.�a3c.E w£A�c �` TgAn.. '9 [14) Indemnitv. The LESSEE agrees to indemnify, defend, save and hold harmless the City of Saint Paul and any agents, officers and employees thereof from all claims, demands, actions or causes of 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 Leased Premises. It is fully understood and agreed that LESSEE is aware of the conditions of the Leased Premises and leases the same "as is." [15) Holdover. Any holdover after the expiration of the term of this Lease shall be ailowed oniy 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. [16j Poilution 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 bear all costs and expenses arising from compliance with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold harmless LESSOR from ali liability, in- 0� ����f� � �� cluding without limitation, fines, forfeitures, and penalties arising from the failure by LESSEE to comply with such ordinances, laws, rules or regularions. LESSOR has the right to perform cleanup and charge the LESSEE as Additional Rent for such costs should the LESSEE fail to comply. j17] Controllin�Lease. In the event there is any prior existing lease or rental agreement between LESSEE and LESSOR (or its predecessor in interest) covering the subject property, it is agreed and understood that this L,ease shall cancel and terminate any prior leases or rentai agreements as of the effective date of this lease. [18] Destruction. In the event of damage to or destruction of the Leased Premises or in the event the � premises becomes untenantable or unfit for occupancy due to such damage during the term of this 1� rTttE�2 Lease, �SSBI� may at its option: f'a�r�- �ivr. CS') 1�`� � (A) temunate the lease upon €rReen-(�Sj 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 .. . . . . . . .. :� . . . . : • . . . :: . . . . . .. ., . .: " .. . . . :. ..•. .: . .. :. . .. ••. ..- .. . . . . .. . :� . ...� . . ..:. .: =.: . .. . .. .:. . . :_ . ... .• :• . . . � The Basic Rents to be paid during the restoration period shall be abated in proportion to the percentage of loss and impairment of the use of the Leased Premises as determined by the LESSOR, times the number of days of loss or impairment. [19] Events of Default. The occurrence of any of the following events during the term ofthis Lease shall constitute an event of default by the LESSEE: tA) �) (C) (D) (E) (F) (G) the filing of a petition to have LESSEE adjudicated builcrupt or a petition for reorganization or arrangement under any laws of the United States relating to baiilcruptcy filed by LESSEE; in the event a petition to have LESSEE adjudicated bankrupt 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 Lease; or the failure by LESSEE or its surety to dischazge, satisfy or release any lien or lien statement 05-��� filed or recorded aga.inst the L,eased Premises within sixty days after the date of such filing or recordina, 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 paragraph or in pazagraph (22) relating to liens by giving not less than ten days' written notice to LESSEE; and when so tertninated, LESSOR may reenter the I,eased Premises. This Lease and its I,eased Premises shall not be treated as an asset of LESSEE'S estate. It is further expressly understood and agreed that LESSOR shall be enritled upon such reentry, notwithstanding any other provision of this Lease, to exercise such rights and remedies as aze 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 property to comply with all 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 ofthe obligation to pay the rental providedherein. �sso,-c. .�N� �¢s.��c UNDFKSTA/JD TH.or ��f� Artsnr.tet .ert� � GvnIP.fNT�Y 1/✓ A �NDtTlo�.l 7/}AT �Mpc/.ES G✓/TH GoOit. � [21] Non-Discrimination. The LESSEE for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant 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 fumishing of services thereon, no discrimination shall be practiced in the selection of em- ployees and contractors, 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 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 Legislative Code Chapter 183. [22] Liens. The LESSEE shall not permit mechanic's liens or other liens to be filed or established oz to remain against the Leased Premises for labor, materials or services fiunished 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 �`` intention to o so and shall deposit in escrow with the LESSOR a sum of money or a bond or irrevocable 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 oz mechanic's or other liens filed or established �Y r�/t Fa✓< 7t1L TSENEF�T OF �SS@�, �� 7 � � � ,� � �, m � J . and in such event maypermit the items contested to remain undischarged and unsatisfied durin� the period of such contest. If, in the opinion of the LESSOR, the nonpayment of any such items subjects Yhe L,eased Premises to any loss or forfeiture, the LESSOR may require the LESSEE to use the es- crow account to promptly pay all such unpaid items and if LESSEE fails to pay from the escrow account, the LESSOR may pay and chazge the LESSEE as Additional Rent. [23] Eminent Domain. In the event the entire I,eased 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 I.eased Premises and proceed under the terms and provisions of this Lease, LESSEE may terminate this Lease by a ving to LESSOR thirty days' written notice of termination, effecrive as of the date on which the eondemning authoriry acquires legal title or physical possession of the Leased Premises. LESSEE herebywaives and releases any claim to or share in the Award of Compensation for the taking, notwithstanding any other provision of law, this Lease or any other a�eement. LESSEE may to the extent otherwise permitted in the eminent domain proceeding, remove its own trade fixhues at its own expense. [24] Default Remedies. In the event an Event of Default occurs under paragaph (19) of this Lease, LESSOR may exercise any one or more of the following remedies: (A) reenterandtakepossessionofthePremiseswithouttezminationofthisLease,anduseitsbest efforts to ease the Premises to or enter into an agreement with another person for the account of LESSEE; (B) terminate this lease, exclude LESSEE from possession of the Premises, and use its best efforts to lease the Premises to or enter into an agreement with another in accordance with applicable law; (C) exclude LESSEE from possession of the Fremises, 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 LESS012, 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 appear necessary or appropriate to collect the Basic Rent and Additional Rent then due and thereafter to become due, or to enforce performance and observance of any obligation, agreement or covenant of the LES SEE under this Lease. (G) in exercising any of its remedies set forth in this Section, the LESSOR may, whether or not the Lease is then in effect, hold the LESSBB 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 existing at law or in equity by statute. No delay or omission to exercise any such right or power accruing upon any default shall impair any � 0�°��� 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 _ L.ESSOR to exercise anyretnedyreserved to it in this Provision, it shall not be necessary to a ve any notice, other than such notice as may be herein expressly required. (25j Default of Pavment LESSEE agrees that, should iY default on any payment owing and due to be paid to LESSOR as provided in this agreement, inoluding but not limited to Basic Rent and Additional Rent, then the remaining unpaidbalance shaIl, atthe option of the LESSOR, immediately become due. Said LESSEE further agrees that the LESSOR may, at its option and without notice to LESSEE, enter }ud�nent against LESSEE in Ratnsey County District Court for the amount of the unpaid balance. And LESSEE does hereby confess judgnent in the amount of the unpaid balance due upon default, and does authorize the LESSOR to enter judgment as provided above. LESSEE does hereby agree that the LESS OR, at its option, may enter a judgment, at any time within one year of the time the last payment shall have came due, for the full aznount of the unpaid balance due pursuant to the confession of judgment provided herein. [26] Alterations. The LESSEE 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 bythe LESSOR and such alterations shalf be done by the LESSEE at its own expense. All such work shall be performed under the LESSOR'S supervision and any improvements made to the Leased Premises at the LESSEE'S expense shall become the property of the LESSOR at the end of the Lease period. LESSEE agrees that all alterations will be done in a workmanlike manner and in conformance with applicable buildittg 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. [27j 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 Howard 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 shall provide TD badges for all personnel accessing the leased premises. LESSEE shall provide to LESSOR for the parking leased premises the name of the vehicle owner; license plate number and state in which the vehicle is licensed; make, model and yeaz of the vehicle. . . , � � r :m m �° - r-'� 1 :; �a '�% IN WITNESS WHEI2EOF, the parties hereto have set their hands and seals the day and yeaz in trus I,ease first above-written. LESSOR: NIA City Mayor N/A City Clerk Director of Financial LESSEE: Knutson Construction ��� �� �orsE.Z�- �3. 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