06-984Suspension 10%25/2006
Presented By:
Referred To:
Committee:Date:
1 BE IT RESOLVED, that the City Council authorizes the City of Saint Paul, Police Department, to enter
2 into the attached Lease Agreement, which includes an indemnification clause, with Sparc. A copy of
3 said agreement is to be kept on file and on record in the Oftice of Financial Services.
4
5
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Adopted by Council: Date: /0%S/�j���
Adoption Certified by Ca nci! Secretary:
BY� �/'lGf% �i�,��rrr
Approved b Ma or. ate: / �%/� j �
B y' ��
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Council File #
Green Sheet #
����
3033252
Apprav � Mayor for Submission to Council:
BY� � �IM/4'�Lt.J��
QiFiscalWO&CR\2006\Sparclease2006.cr xls
Requested by Department of:
d�����
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
Depar6nentlofficelcouncil: Date Initiated: l '
PD - PO1iceDeparm�ent � 02�-� ! Green Sheet NO: 3033252
ContactPerson&�Phone: �
Chief,bhn Harting[on i
26G5588
Must Be on Council Agenda by (Date):
_ _ ..___
Doc.Type: RESOlUT10N
Department SentTo Person InitiaVDate
0 �olice De�arlmen[_. � Police Denarhnent _ _ _
1 PoliceDepaz�ent_ _____ _PoliceDenar6neot _ _____
2 'Citv Altornev ___ �_._____ C�ytorne�_ _� � __— -
_ --____—_ __ —__--.__ _—,
3 �Mavor'sOtfice _._...._.._______ MaY°r___.� _.._._ ___
.__.__.__ _,__ —___— _
4 Cou_val _ __ _ ___ _ _ _ -_ ._— _— _ Council_ _ _ _ ___
... _� ----..... -- -----------------
5 City Clerk City Clerk
�
Assign
Number
For
Routing
Order
.. ... .____—_—___-- _-_-__-_—_-___
E-DocumentRequired: N - -- - -- . -- - ------------ -- -- ---- -
DocumentCOntact: AmyBrown 6 PoliceDeoa�LmPnt _ ___ _ _ Po_lice_DeQartrnent___. ______ __ _
ContactPhone: 266-5507 '
_ . _ __-______.._ . _ _ _ .___- -_ __- _--___--_ __
Total # of Signature Pages _(Ciip All Locations for Signature) �
_ __ _ . .. _ __._._ _ .__.—_____ _ __. __._ . _ ___ _. .... _ _ ______ -___— __ __-_____-___.—___
Action Requested: '�
Signamres on [he attached council resolution authorizing the City of Saint Paul, Police Department, to enter into the attched Lease .
Agreement with Sparc to lease space located at 854 Rice Sh �
� ------------------------------------ �
Recommendations: Approee (A) or Rejeci (R): � ' Personal Service Contracts Must Answer the Following Questions: ,
Pianning Commission ',; 7. Has this personlfirm e�er worked under a corrtracl for this department? �
CIB Commiitee '� Yes No
. Ci�il Ser�nce Commission � 2. Has this person/Srtn e�er been a city employee? �
Yes No
3. Does this person/brtn possess a skill not normally possessed by any '
— � current city employee? '�
Yes No
, Explain ail yes answers on separate sheet and attach to green sheet �,
. __ _ ___ __ __ _ _ ___ _ _— _—. _ ___-- __! _ ___ _____--____ — _— __ _ _—__ _ --____—_�_. ___.____. _ _ . _.__. i
� Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): �
,, The Saint Paul Pohce Departrnent will lease space at 854 Rice Street to be used for police business and activities of [he volunteer God ��,
. Squad unit. '�
Advantasles If Approved:
'Phe God Squad unit be more available to assist the community it seFVes.
------- � -------�---- -- ------
DisadvantapeslfApproved: �
None.
Disadvantapes N Not Approved:
Lost opportunity to improve the assisTance of the God Squad unit with the communiry.
Total Amount of
Transaction:
Fundin� Source: 04000
Financial information:
(Explain)
� �
�i� i 6 ����I
�P�� ?� E 8 �d! 46l1� $ �
---- _____ - -- --- -----------RECEIVE� _
CostlRevenue Budgeted: � -
ActiviNNUmber # 4`s�"��B;�II ti��� �� I 1 8 ZO�U ,.
MAYOR'S ���fCE
tiCT 2 D 2006 '
October 2, 2006 2:20 PM Page 1
Lou Biagi - Lease (854RiceStreet).doc
COMMERCIAL LEASE
THIS LEASE ("Lease") is made this day of , 2006 by and between
Spazc, a Minnesota nonprofit corporation located at 843 Rice Street, Saint Paul, Minnesota 55117
("Landlord") and the City of Saint Paul Police Department, 367 Grove Street, Saint Paul,
Minnesota 55101 ("TenanP'):
WITNESSETH:
l. Premises. In consideration of the Rent (defined below) to be paid by Tenant as
provided below and of the covenants and conditions contained in this Lease, Landlord hereby leases
to Tenant, and Tenant hereby leases from Landlord the building, pazking lot and surrounding land
located at 854 Rice Street in the City of St. Paul, Minnesota, and legally described as Lot 13, Block
6, Lewis Addition, together with all improvements and personal property used in the operation and
maintenance of such property and improvements, all of wl�ich property is referred to herein as the
Premises.
2. "l erm. The term of this Lease shall commence on the day of ,
20 and shall conCinue from month to month thereafter unti] terminated by either party on not
]ess than thirty days' wntten notice to the other party. Upon termination, Tenant will promptly
vacate the Premises.
3. Rent. Tenant hereby covenants and agrees to pay initially a basic monthly xent of $1
(the `Base Rent").
All payments of Base Rent (the "RenY'), shall be payable in advance, on the first day
of each calendar month during the term of this Lease and shal] be made in cash or by check payable
to Landlord, and delivered to I,andlord at the address specified above or to such other person and
place as may be designaCed by notice in writing from Landlord to Tenant from time to time.
4. Iandlord's Services. Landlord covenants and agrees that the Premises are served by
water and sewer, elech natural gas, and telephone utilides. Tenant agrees to arrange with the
suppliers and to pay for all utilities provided to the Premises during the term of this I,ease. Tenant
aclmowledges receipt of the Premises in an as-is condition, and the taking possession of the
Premises by Tenant shall be conclusive evidence that the Premises, and the equipment,
plumbing, drains, fixtures, appliances and machinery therein, were at the time of taking
possession in all respects satisfactory and acceptable to Tenant, and Tenant hereby releases
Landlord from any and all claims arising from any defect in the condition of the Premises, or the
equipment, fixtures or appliances in or serving the Premises, and the building or buildings of
which they are a part, and the streets, alleys, areas, area-ways, passages or sidewalks adjoining or
appurtenantthereto.
5. Uokeeo of Premises. Subject to the provisions contained in paragraph 15 of this
3512210 1
Lou Biagi - Lease
- - -- --- -- -� LP J'? �S � --
L.ease in reQard to damage by fire, Tenant agrees to maintain the nonstructura] portions of the
Premises in good order and repair during the term of this I.ease, unless damage thereto shall have
been caused by the act or neglect of Landlord, in which case such damage shal] be repaired by and
at the expense of Iandlord.
6. Use of Premises. Tenant covenants to use the Premises only for Saint Paul Police
Department use including activities of the volunteer God Squad Unit.
7. Indemnification. Tenant agrees to indemnify and hold hannless Landlord and
Landlord's agents, employees, successors and assigns from all loss, damage, liability, or expense
incurred, suffered, or claimed by any person whomsoever by reason of Tenant's neglect or use of
the Premises, or of water, steam, electricity, or other agency, or by reason of any injury, loss, or
damage to any person or property upon the Premises not caused by the negligence of L,andlord, and
to be answerable for all nuisances caused or suffered on the Premises, or caused by Tenant, or its
agents, employees or other affiliates, including, but not ]imited to, all volunteers, agents and
employees of the God Squad Unit at the Premises, or on the approaches thereto. This
indemnification shall not be constmed as a waiver of the municipal tort liabiliry IimiYS set forth in
Minn. Stat. §466A1 et seq. Also, this indemnification does not include injuries or damages
arising from hidden traps or dangerous conditions of the premises itself as to which the Landlord
had actua] or constructive notice.
8. Utilides. Tenant agrees not to sri or overload, damage, or deface the Premises.
9. Nuisance. Tenant agees not to suffer or permit any trade or occupation to be
carried on or use made of the Premises that shall be unlawful, noisy, offensive, or injurious to any
person or property, or as shall increase the danger of fire or affect or make void or voidable any
msurance on the Premises, or that shall be contrary to any law or ordinance, rule or regulation from
time to time established by any public authority.
10. Alterations. Tenant shall have the right to alter and make improvements to the
Premises at TenanC's sole cost and expense and only with the prior written consent of Landlord,
provided such work shall be performed with new materials, in a good and workmanlike manner,
and in accordance with all applicable laws and ordinances. Upon completion of any such wark by
or on behalf of Tenant, Tenant shall provide Landlord with such documents as Iandlord may
require (including without limitation, sworn contractors statements and supporting ]ien waivers)
evidenemg paymenC in full for such work.
11. TenanYs Waiver of Claims. Tenant covenants that no claim shall be made against
Landlord by Tenant, or by any agent, successor or assign of Tenant, or by oWers claiming the right
to be in the Premises through or under Tenant, for any injury, loss, or damage to person or property
occurring upon the Premises from any cause other than the negligence or willful acts of I.andlord,
its employees or agents.
12. Waiver of Relocation Benefits. Tenant aclrnowledges and agrees that it has
received full and complete information regarding any relocation benefits to which it may 6e
3513210 1
Lou Biagi - Lease
U
entitled pursuant to any federal, state or local law, ordinance or regulation or pursuant to any
other agreement (the "Relocation Payment Obligations"), and Tenant acknowledges and agrees
that the settlement payment described in pazagraph 3 above fully compensates Tenant for the
Relocation Payment Obligations, and in recognition of such compensation, Tenant hereby waives
any and all rights or claims to the Relocation Payment Obligations.
13. Iandlord's Riaht of Access. Iandlord may, at any time during Tenant's occupancy
during reasonable business hours, enter either to view the Premises or to show the Premises to
others, or to make repairs to the Premises.
If Tenant shall vacate the Premises during the last month of the term of this I.ease,
Landlord shall have the unreshicted right to enter the Premises afrer Tenant's moving to commence
preparations for the succeeding tenant or for any other purpose whatever, without affec[ing
TenanYs obligation to pay rent for the full term of this I.ease.
14. Sutrendar of Possession. Tenant covenants, at the expiration or other termination of
this Lease, to remove all Tenant's goods and effects from the Premises, and to yield up to Landlord
the Premises and all keys, locks, and other fixtures connected with the Premises in good repair,
order, and condition in all respects, excepting only reasonable weaz and use thereof, improvements
by Tenant, and any damage by fire, or other casualty, not caused by Tenant's act or neglect.
15. Damaee or Destruction. This Lease is made on condirion that, if the Premises or
any part thereof, be damaged or destroyed by fire or other casualty from any cause, so as to render
the Premises or any portion thereof unfit for use and occupancy, a just and proportionate part of the
Base Rent, according to the nature and extent of the injury to the Premises and/or any common
areas of the Bui]ding, shall be suspended or abated until the Premises and approaches have been put
m as good condition for use and occupancy as at the time immediately prior to such damage or
destruction or, alternatively, Landlord shall have the right to terminate this Lease in I.andlord's sole
discretion.
16. Condemnation. At Te�ant's option, to be exercised by delivery of written notice
wiihin sixty (60) days following a condemnation or deed in ]ieu thereof, this L,ease shall be
terminated and al] amounts payable by Tenant to Iandlord hereunder shall be abated to the date of
such termination in either of the two following events: (1) the forcible ]easing or condemnation of
the Premises or any part thereof by any competent authoriry under right of eminent domain for any
public or quasi-public use or purpose or any deed or lease given in ]ieu of condemnation; and (2)
the condemnation by competent authority under right of eminent domain for any public or quasi-
public use or purpose of 25 percent or more of the building comprising a portion of the Premises or
any deed or lease given in lieu of condemnation. In case of any taking or condemnation, whether or
not the term of this Lease shall cease and terminaCe, the entire award shall be the properry of
L andlord, and Tenant hereby assigns to Landlord all Tenant's right, title, and interest in and to any
such award. Tenant, however, shall be entitled to claim and receive in the condemnation proceeding
such awards as may be allowed for fixtures and other equipment installed by Tenant, but only if
such awards shall be made by the any court of competent jurisdiction in addition to the awazd made
by such court to Landlord far the Premises or part thereof so taken.
Page 3
ss�zzio i
Lo Biagi - Lease (854 Page 4
-- 0�-q�C.� -
17. Defaults and Remedies. It is hereby mutually covenanted and agreed that:
a. If Tenant shall fail substantially to keep and perform covenants, conditions,
and agreements contained in this Lease and on the part of Tenant to be kept
and performed; or
b. If Tenant shall abandon the Premises; or
c. If the estate hereby created shall be taken on execution or other process of
law; or
d. If Tenant shall petition to be declared banlmip[ or insolvent or shall be
adjudged an involuntary bankrupt according to ]aw; or
e. If a receiver or other similaz officer shall be appointed to take chazge of any
part of the properry of, or to wind up the afPairs of Tenant, and it is not
discharged within 30 days; or
f. If any assignment shall be made of Tenan['s property for the benefit of
creditors; or
g. If a petirion shall be filed for TenanYs reorganization under Chapter 11 of
the Banla Code;
then and in each and every such case, at the sole option of Iandlord and without terminating the
Lease, TenanYs right of possession shall thereupon cease and terminate, and Landlord shall be
entiUed to the possession of the Premises and to remove all persons and properiy and to reenter the
Premises without further demand of rent or demand of possession of the Premises, either with or
without process of ]aw and without becoming liabie to prosecution therefor, any notice to quit or of
intention to reenter being hereby expressly waived by Tenant
Landlord, however, at its option, may refrain from terminating Tenant's right of
possession, and in such case may enforce against Tenant the provisions of this Lease for the full
term of the Lease.
18. Tenant HoldinQ Over. Tenant shall have no right to occupy the Premises or any
portion thereof afrer termination of the Lease or Tenant's right to possession of the Premises. In the
event Tenant or any party claiming by, through or under Tenant, holds over, Landlord may exercise
all remedies available to Landlord at law or in equiry to recover possession of the Premises and for
damages. Landlord shall continue to be entitled to retake or recover possession of the Premises as
hereinbefore provided in case of default on the part of Tenant, and Tenant shall be liable to
I.andlord for any loss or damage Iandlord may sustain by reason of TenanYs failure to surrender
possession of the Premises immediately upon the expiration of the term of this Lease. If Tenant
shall fai] to sunender possession of the Premises upon the expiration of the term hereof, Tenant
3512210 I
Lo Biagi - Lease (854RiceStreet).doc Page 5
01�-q8 �f
hereby agrees that all the obligations of Tenant and all rights of Landlord applicable during the term
of this L.ease shall be equally applicable during such period of subsequent occupancy.
19. Waiver. No waiver of any breach of any covenant, condition, or a�eement
contained in this Lease shall operate as a waiver of any other covenant, condition, or agreement of
tl�is Lease, or of any subsequent breach of such covenant, condi[ion or agreement.
20. Miscellaneous. Feminine or neuter pronouns shall be substituted for those of the
masculine form, and the plural shall be substituted for the singular, wherever the context shall
require. It is also agreed tha[ no specific words, phrases, or clauses herein used shall be taken or
construed to control, ]imit, or cut down the scope or meaning of any general words, phrases, or
clauses used in connection therewith.
21. Iandlord's Successors. This Lease shall likewise be binding upon and shall inure to
the benefit of the Landlord and the Tenant and their respective heirs, personal representatives,
successors, and assigns.
22. Entire AQreement. This Lease contains the entire agreement of the parties in regard
to the Premises. Any amendment or modification of this L,ease shall be made in writing signed by
both Landlord and Tenant.
23. Notices and Demands. All notices reyuired or permitted hereunder shall be deemed
to have been given if delivered personally or mailed in any U.S. Post Office by certified or
registered mail, postage prepaid, addressed to Landlord or Tenant, respectively, at the addresses for
L.andlord and Tenant as provided at the beginning of the I.ease or to such other addresses as the
Iandlord or the Tenant may from time to rime designate in writing. Such Notices shall be deemed
given (a) upon receipC, if personally delivered or (b) three days after deposit in the U. S. Mail.
24. Ouiet Enjoyment. L,andlord covenants and agrees with Tenant that upon Tenant
paying the Base Rent and observing and performing all the terms, covenants, and conditions, on
Tenant's part to be observed and performed, Tenant may peaceably and Guietly enjoy the Premises.
25. GoveminQ L.aw. This Lease shall be conshued and govemed by the laws of the
State of Minnesota. Should any provisions be illegal or not enforceable under the laws of the State
of Minnesota, it or they shall be considered severable, and the Lease and its condirions shall remain
�n force and be bmding upon the parties as though the such provisions had never been included.
26. Fixhues. Tenant shall, upon the expiration or termination of the Lease, surrender to
tl�e Iandlord, together with the Premises, any and all replacements, changes, and additions to the
Premises, and fixtures and improvements constructed or placed by Tenant on the Premises, with all
equipment in or appurtenant thereto, except trade fixtures removable without material damage to
the Premises. Any such removable trade fixtures or personal property belonging to Tenant or to any
assignee or subtenant, if not removed at the expiration or termination of the Lease shall, at the sole
discretion of Landlord be deemed abandoned and become the property of the Landlord without any
payment or offset. If the Iandlord shall not so elect, the Landlord may remove such fixtures or
3512210 I
Lo Biagi - Lease (854RiceStreet).doc Page 6
- - _- ---- --- -------����� .
property from the Premises and store them at the Tenant's sole risk, cost and expense.
LV WITNESS WHEREOF, Landlord and Tenant have executed this Lease as of the day and
year first above written.
LANDLORD
SPARC
�
Jonathan Sage-Martinson
Its: Executive Director
TENANT:
THE CTI'Y OF SAIN"I' PAUL POLICE
�
IIS:
3572210 I
�