06-862COUNCII. FILE #: Q �p " �/�oZ
GREEN SHEET #: 3032610
Resolution
City of Saint Paul, Minnesota
WHEREAS, Parks and Recreation Environmental and GIS staff had occupied the office space at this location, however their
offices have been relocated to the Como Pazk Central Service Facility; and
7 WHEREAS, the District 10 Community Council contacted Parks and Recreation with a desire to lease the vacant office
8 space at [he Streetcaz Station for a term of two yeazs; and
9
10 WHEREAS, the museum/rental space will continue to be available rental space and the faciliry will maintain weekly public
I 1 museum hours on Sundays; and
12
13 VJHEREAS, Parks and Recreation worked with District 10 to develop terms that were mutually beneficially and are outlined
14 in the attached lease agreement; and
15
�� _
16 THEREF012E BE IT RESOLVED, that the proper City officials and staff aze herby directed and authorized to enter into the
17 attached lease agreement with the District 10 CommuniTy Council for their ]easing of the office space at the Como Park Streetcaz
18 Station.
Adoption Certified by Council SecreYary
By� � S
Approved by o� � Date: � �'�b
By:
Requested by:
Division of Parks and Recreation
B
G:IFMIQ71�dcalResolutions, AOs, Green SheetsV2eso/utionslStreetcar Station Lease Resolution Sept '06.x1s Page 7 of 1
I WHEREAS, Saint Paul Pazks and Recreation operates the Como Pazk Streetcaz Station which contains office space and
2 museum/rental space; and
Adopted by Council: Date: �—�D�dQJ,�
Fnvm Ann��ved hv Citv Attnrnev
�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
�� ����
PR - raz��axecceation
Contact Person 8 Phone:
Jason Widca
2666F17
Must Be on Council Aaem
Doc.Type: RESOLUiION
EAocument Required: Y
DocumentConmct: JasonWirka
Conqct Phone: 26E64'17
o7�EQ� I Green Sheet NO; 3032610
� ueoaranen[ aeni�orerson mmauuau
0 arks a d Recreafl n �� �
Assign 1 arksandRecr ation De artme tDir r // /!7 ! V
Number Z ' Attome - -•
For
Routing 3 a r' Office a or/ ssistan
Order 4 unc8
5 Clerk lerk
Toql # of Signature Pages,�_ (Clip NI Locations for Signature)
Action Requested:
Approval of attached resolution authorizing Pazks and Recreation to ]ease office space at the Como Streetcar Station to the District 10
Community Council.
iaanons: Appro�e (A) or Re]ect (R): Personal serVlce Gontracts mustMSwerthe Falowing Questlons:
Plannirg Commission 1, Has this persodfirtn e�er worked under a contract Tor this department?
CIB Committee Yes Na
Crvil Ser�.ice Commission 2. Has this personlfmm e+.er been a city employee?
Yes No
3. Does this person/firm Dwsess a skill not nortnally possessed by any
current city employee?
Yes No
Explain a➢ yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages 4fAaprovetl:
Monthly rent and staffing of Public Hours
Disadvantages RApproved:
none
REC�IV�D
�Ep y � 2006
�
. p .. .
Disadvantapes N Not Approved:
lost revenue
��� i l �C113b
�� ¢ � ;��T��i���
TotalAmountof 14400
Transaction:
Fundina Source: Lease ProCeeds
Financial Information:
(Explain)
CosHRevenue Budgeted: nJ
Activiri Number. 03133 & 03140
Cou;�ci9 �esea?�h Cenfp;
September 7, 2006 3:09 PM Page 1
0�-6��-
Authority (c.F.):
LEASE NO. PR
FINANCE DEPT. LEASE NO.
DATE
August 1, 2006
LESSOR
Division of Parks and Recreation
LESSEE
District 1Q CommuniTy Council
ADDRESS
1224 No. Lexington Parkway
Saint Paul, Minnesota 55103
(1) Leased Premises. The LESSOR, in consideration of 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 following
premises, which are hereinafter referred to as the "Leased Premises":
Como Historic Streetcar Station office area which is approximately 400 square feet.
together with any and all building, fixhtre in such buildings, improvements and/or structures, if
any,located thereon;
Whose Street Address is 1224 No. Lexington Parkway
Saint Paul, Minnesota 55103
The leased premises are on one heating/air conditioning zone with set points of 68
degreesl74degrees and access is locked out.
The LESSEE shall be responsible for obtaining mail delivery to the premises.
Trash pickup is included as part of the lease of this office space.
(2) Term of Lease. This lease shall be in effect for a term commencing and ending on the
dates indicated below, unless terminated by the LESSOR as provided herein. LESSOK will
provide LESSEE with written notice of the LESSOR'S intent to renew the Lease Agreement at
least 90 days prior to the ending date of this agreement. LESSEE will provide LESSOR with
J : /,
written notice the LBSSEE'S intent to renew the Lease Agreement at least 90 days prior to the
ending date of this agreement. If both parties agree to renew, a new agreement will be written at
the new year's rates.
Term (Months/Years) Commencing Date Ending Date
2 years October 1, 2006 September 30, 2008
(3) Use of Premises. The premises shall be used and occupied by LESSEE for the
following purpose:
District 10 Community Council Office
and for no other purpose without the prior written consent of LESSOR.
(4) Basic Rent. Rent shali be paid by the LESSEE in advance, on the first day of each
and every payment period thereafter as indicated by the Payment Schedule below:
Total Basic Rent during Lease Term
$7,200.00/year, $600.00/month ($150.00 ofwhich is utility charges). The LESSEE is
responsible for obtaining its own telephone and internet service and the costs associated with
these services. The basic rental rate will apply to year one and two with utility charges being
reviewed by the LESSOR prior to the start of the third year and the LESSEE notified of any
utility charge increase that may be necessary.
Payment Schedule first of each month.
LESSEE shall make all payments of Basic Rent and additional rent to LESSOR at the
following address:
Pazk Permit Manager, 11Q0 Hamline Ave. No., St. Paul, MN SS1Q8
The applicable account number for City Finance Acwunting Code is: 03133 and 03140
(5) Additional Rent. The LESSEE shall pay all Additional Rent as billed. Additional
Rent means all amounts, other than Basic Rent provided for in paragraph 4 above, which
LESSEE is or may become obligated to pay under this paragraph or other provisions of this
Lease. Additional Rent includes, but is not limited to, the following fees, costs and expenses:
costs for the repairs, improvements or alterations required to be made by the LESSEE in
paragraph 12 ofthis Lease.
As part of the rental of this office space, the LESSEE agrees to be responsible for staffing
the public hours at the Streetcar Station on Sundays from 12:00 p.m. to 4:00 p.m.
o�-���
The LESSEE also agrees that they will be responsible for the routine cleaning of their
office space. LESSEE will be responsible for the day-to-day stocking and cleaning of the
restrooms. The LESSOR will do all cleaning prepazation of the restrooms, the entry and the
museum area for rentals.
(6) Use of Additional Snace Be ond Lease Space, This lease entitles LESSEE to use of
Como Historic Streetcar Station Office as office space. No other space is included for exclusive
use. LESSEE shall have access to restrooms. LESSEE may schedule use of ineeting room
(museum area) with the Pazk Permit Manager, b51-632-2407. Use of ineeting room will be at no
charge for up to one (1) use per month. Additional uses will be charged the established rental
fee.
('n Rieht of Entrv• At all times during the term of this lease, the LESSOR shall have the
right, by itself, its agents and employees, to enter into and upon the Leased Premises during
reasonable business hours for the purpose of examining and inspecting the same.
LESSEE shall have separate key for the office space. A$25.00 deposit for each key
issued wili be paid by the LESSEE to the LESSOR.
(8) LESSEE'S Insurance. LESSEE shall maintain during the term of this lease and
upon the leased premises certain insurance coverage which is described as follows:
(a) WORKERS COMPENSATION INSURANCE with coverage not less than the
statutory limits and EMPLOYERS LIABILITY INSiJRANCE with limits of not
less than: $100,000 per disease
$100,000 per person
$100,000 per accident
(b) COMPREHENSIVE GBNERAL LIABILITY insurance including blanket
contractual liability coverage and personal liabiliTy coverage with a combined
single limit of not less than:
$350,000 per incidenU$1,000,000 PER OCCURRENCE
Such insurance shall (1) name the City of Saint Paul, its elected and appointed
officers, employees and agents as addiYional insured: (2) be primary with respect to
LESSOR'S insurance or self-insurance program; (3) contain a standard cross liability
endorsement, (4) not exclude explosion, collapse and underground property damage; and
(5) be written on an "Occurrenoe" Form policy basis; and (6} the policies required in this
section shall contain a ciause that the insurer cannot cancel or change the insurance with
out first giving the LESSOR 30 days' prior written notice.
(c) The LESSEE will be responsible for insuring its property brought onto the leased
space. The LESSOR is not responsible for loss or damage of any of the LESSEE'S
property brought onto the leased premises by the LESSEE.
I1, � , _
If for any reason any ofthe insurance is void, the LESSEE is responsibie to the
LESSOR for the total amount of the uninsured loss.
(9) Cancellafion or Terminafion. This lease shall be subject to cancellation and
termination by LESSOR in the event the LESSEE materially violates the terms of this agreement
and the LESSOR gives the LESSEE notice in writing at least 30 days in advance of the date of
such termination. Any uneamed rental paid by the LESSEE shall be returned to LESSEE
without interest.
The LBSSOR reserves the right to take back space from the LBSSEB for any reason
provided the LESSOR gives the LESSEE notice in writing at least 90 days in advance of the date
of such termination.
(10)1Votice. All notices herein provided to be given, or which may be given by either
party to the other, shall be deemed to have been fizlly given when served personally on LESSOR
or LESSEE, or when made in writing and deposited in the United States Mail, certified and
postage prepaid, and addressed to the LESSEE at the address stated on page 1 and to the
LESSOR, at the Division of Parks and Recreation, 300 City Hall Annex, 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.
(11) AssiEnment and Sublettine. LESSEE shall not assign nor sublet this lease without
the written consent of the LESSOR, which consent must be obtained prior to the execution of
any agreement to assign or sublease the Lease Premises.
(12) Maintenance and Re airs. LESSEE 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 that are due to LESSEE'S intentional or negligent acts.
LESSOR will perform or conduct basic and routine maintenance and repair to keep the Leased
Premises in good repair, safe and in compliance with applicable fire, heaith, building and other
life safety codes.
(13) Pavments rn Case of Default. LESSEE shall pay LESSOR 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.
(14) Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner
termination of this lease, shall quit peacefully and surrender possession of said properry and its
appurtenances to LESSOR in as good order and condition as the property was delivered to the
LESSEE.
(15) Indemnitv. The LESSEE agrees to indemnify, defend,
�+O ' �lOo�
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, azising
out of or by reason of the lease of the herein described premises by the LE5SOR to the LESSEE,
or the use or condition of the premises or as a result of the operations or business activities
taking place on the premises. It is fully understood and agreed that LESSEE is aware of the
conditions of the leased premises and leases the same "as is." This indemnification does not
extend to ciaims arising out ofthe lessor's duty to maintain exterior andlor interior common
areas of the building housing the leased premises.
(16) Pollurion and Contaminants. LESSEE agrees to comply with all ordinances, laws,
rules and regulations enacted by any governmental body or agency relating to the control,
abatement or emission of air and water contaminates and/or the disposal of refuse, solid wastes
or liquid wastes.
LESSEE shail bear all costs and expense arising from compliance with said ordinances, laws,
rules, or regulations and shall indemnify, defend, save and hold harmless LESSOR from ali
liability, including without limitation, fines, forfeitures, and penalties arising in connection with
the failure by LESSEE to comply with such ordinances, laws, rules or regulations. LESSOR has
the right to perform cleanup and charge the LESSEE for such costs should the LESSEE fail to
comply.
(1'n Destruction. In the event of damage to or destruction of the Leased Premises or in
the event the premises become untenable or unfit for occupancy due to such damage during the
term of this Lease, LESSOR may at its option terminate the lease upon fifteen (15) days written
notice to LESSEE; or within fifteen (15) days agree to restore the premises within a specified
time period following the casualty, charging the costs in excess of the insurance proceeds, if any,
to the LESSEE as Additional Rent; or may direct that LESSEE promptly restore the Lease
Premises to substantially the condition existing immediately prior to such damage or destruction,
and for that purpose, if such damage or destruction was caused by perils insured against, the
LESSOR shall make available to LESSEE pro rata, as work progresses, the net proceeds of such
insurance. If such proceeds are insufficient to pay the entire costs thereof, LESSEE agrees to
pay as Additional Rent, a lump sum payment (or in a form agreed upon by the LESSOR) equal
to the remainder of such cost. The Basic Rents to be paid during the restoration period shall be
abated in proportion to the percentages of loss and impairment of the use of the Lease Premises
as determined by the LESSOR, times the number of days of loss or impairment.
(18) Events of Default. Any of the following events occurring during the term of this
lease shall constitute an event of default by the LESSEE:
(a) the filing of a petition to have LESSEE adjudicated bankrupt or a petition for
reorganization or arrangement under any laws of the United States relating to
bankrupYcy fi]ed by LESSEE:
(b) in the event a petition to have LESSEE adjudicated baukrupt is filed against
LESSEE, the failure to dismiss such petition within ninety (90) days from the
date of such filing;
Dl�- 8l0 �-
(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) the failure by LESSEE to timely pay Basic Rent of Additional rent as required
by this Lease;
{ fl the material 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
(g) the failure by LESSEE or its surety to dischazge, satisfy or release any lien or
lien statement filed or recorded against the Lease Premises within 60 days after
the date of such filing or recording, whichever date is earlier.
It is an express covenant and agreement of LESSOR and LESSEE that LESSOR may, at its
election, terminate this Lease in the event of the occurrence of any of the events described in this
paragraph or in paragraph 23 relating to liens by giving not less than ten (10) days' written notice
to LESSEE; and when so terminated, LESSOR may reenter the Leased Premises. This Lease and
its Leased Premises shall not be treated as an asset of LESSEE'S estate. It is further expressly
understood and agreed that LESSOR shall be entitled upon such reentry, not withstanding any
other provision of this Lease, to exercise such rights and remedies as are provided in Default
Remedies Section of the Lease.
(19) Comaliance 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 any and 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 on
the part of the LESSEE to comply with any of said laws, rules, regulations or ordinances will not
relieve the LESSEE ofthe obiigation to pay the rental provided herein.
(20) Non-Discriminat9on. 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 (1) no person, on the ground of race, sex,
sexual preference or orientation, familial status, color, creed, religion, age, disability, marital
status, status with respect to public assistance, or national origin or ancestry shall be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the
use of said facilities, (2) that in connection with the construction of any improvements on said
lands and the furnishing of services thereon, no discrimination shall be practiced in the selection
of employees and contractors, by contractors in the selection and retention of first-tier
subcontractors, and by first-tier subcontractors in the selection and retention of second-tier
subcontractors, (3) that such discrimination shall not be practiced against the public in their
access to and use of the facilities and services provided for as public accommodations (such as
�� '$6d�
eating, sleeping, rest, and recreation) constructed or operated on the Leased Premises, and (4)
that the LESSEE shall use the premises in compliance with all other requirements imposed
pursuant to the St. Paul Legislative Code Chapter 183.
(21) Liens. The LESSEE shall not permit mechanic's liens or other liens to be filed or
established or to remain against the Leased Premises for labor, materials or services furnished in
connection with any additions, modifications, improvements, repairs, renewals or replacements
made to the Leased Premises, or for any other reason, provided that if the LESSEE shall first
notify the LE5SOR of its intention to do so and shall deposit in escrow with the LESSOR a sum
of money or a bond or irrevocable letter of credit acceptable to the LESSOR equal to the amount
of the claim of lien, LESSEE may in good faith contest any such claims or mechanids or other
liens filed or established and in such event may permit the items contested to remain
undischarged and unsatisfied during the period of such contest. If, in the opinion of the
LESSOR, the nonpayment of any such items subjects the Leased Premises to any loss or
forfeiture, the LESSOR may require the LESSEE to use the escrow account to promptly pay all
such unpaid items and if LESSEE faiis to pay from the escrow account, the LESSOR may pay
the charge and bill the LESSEE as Additional Rent.
(22) Eminent Domain. In the event the entire Leased Premises are taken by eminent
domain, or such portion thereof is so taken that in LBSSEE'S reasonabie judgment it is
uneconomic thereafter to restore the Leased Premises and proceed under the terms and
provisions of this Lease, LESSEE may terminate this Lease by giving to LESSOR thirty (30)
days' written notice of termination, effective as of the date on which the condemning authority
acquires legal title or physical possession of the Leased Premises. LESSEE hereby waives and
releases any claim to or share in the Award of Compensation for taking, notwithstanding any
other provision of law, this Lease or another agreement. LESSEE may to the extent otherwise
permitted in the eminent domain proceeding, remove its own trade fiYtures at its own expense.
(23) Default Remedies. In the event an Event of Default occurs under paragraph 18 of
this Lease, LESSOR may exercise any one or more of the following remedies:
(a) reenter attd take possession of the Premises without termination of this Lease,
and use its best efforts to lease the Premises to, or enter into an agreement with,
another person for the account of LESSEE;
(b) terminate this lease, exclude LESSEE from possession ofthe Premises, and use
its best efforts to lease the Premises to, or enter into an agreement with another
in accordance with applicable law;
(c) exclude LESSEE from possession of the Premises, with or without terminating
this lease and operate the Premises itself;
(d) terminate the Lease, exclude LESSEE from possession of the Premises, sell all
or any part of the Premises at the best price obtainable (provided such sale is
petmitted by appiicable law), such sale to be on such terms and conditions as the
a� -��a-�
LESSOR, in its sole discretion, shall determine and apply the proceeds of such
sale less any expenses thereof for the account of LESSEE.
(e) exercise any remedies available to it under the Minnesota Uniform Commercial
Code;
(fl take whatever action at law or in equity may appear necessary or appropriate to
coliect 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 LESSEE 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 LESSEE liable for the
difference between the payments and other costs for which the LESSEE is
responsible under this Lease.
(h) no remedy herein confened upon or reserved to LESSOR is intended to be
exclusive of any other available remedy or remedies, but each and every 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 right or power accruing upon any default shail
impair any such right or power ar 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
remedy reserved to it on this Provision, it shall not be necessary to give any
notice, other than such notice as may be herein expressly required.
(24) Amended. Anything herein contained to the contrary notwithstanding, this lease
may be terminated, and the provisions of this lease may be, in writing, amended by mutual
consent of the parties herein.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year in this Lease first above written.
APPROVED AS TO FORM
Assistant City Attorney
LESSEE - DISTRICT 10 LESSOR - CITY OF SAINT PAUL