07-12CouncilFile# (��"/� ,
Green Sheet # 3C35517
RESOLUTION
CITY C)F SAINT PAUL, MINNESOTA J(�
Presented by
1 Whereas, the Como Zoo and Conservatory Society is a non-profit organizarion that promotes, supports,
2 preserves and enhances Como Park Zoo and Conservatory, and
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4 Whereas, the Society wishes to lease 3004 square feet of space on the first floor of the Visitor Center for a
5 gift shop and 1250 square feet of storage space for gi8 shop merchandise in the basement of the Visitor,
6 and
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8 Whereas, the Como Park Zoo and Conservatory receives substantial financial support from the Como Pazk
9 Zoo and Conservatory Society as a result of gift shop, and
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11 Whereas, the Division of Parks and Recreation has approved the terms of the lease and finds them
12 beneficial to the Como Campus, now therefore, be it
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14 Resolved, that proper City officials are hereby directed and authorized to enter into the attached lease
15 agreement with the Como Zoo and Conservatory Society for space in the Visitor Center.
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Requested by D arimenf ofl
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Adopted by Council: Date
Adoption Certified by Council Secretary V
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Approved by Mayoi • Date p
By:
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet_ �
DepartmeMlofficelcouncil: Date Initiafetl:
PR — pazksandRecreation 1}DEC-06 Green Sheet NO: 3035517
Contacf Person & Phone: Deoartment Sent To Person InitiaVDate
Mike Hahro � 0 a n ecr lio q
��� ASSig/1 1 arl¢ and Recreation De artment Direc[or ��/
Must Be on Council l�qenda by (Date): Number > '�,jp. Attornev
For
ROUting 3 or`5 ce Ms d istant
Order 4 n l �` ✓� -�. "�='�` a b g .6 ��
5 i CI rk �� 8...+4 9�$ �.
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Total # of Signature Pages _(Clip NI Locations for Signature) � ����� ���� tl
Action Requestetl:
Approve Council Resolution authorizing City officials to execute a 16 year lease with the Como Zoo and Conservatory Society to
locate the Gazden Safari Gift Shop in the Como Visitor Center.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer Yhe Foltowing Questions:
Planning Commission �. Has this person/8rm ever worked uneer a contraCt fior this depaftment?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this personffirm possess a skill not normalty passessetl by any
curcent city employee?
Yes No
Expiain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Wh»:
The Como Zoo and Conservatory operates the Garden Safari Gift Shop in the Como Visitor Center. A lease is xequired to establish the
parameters related to this use. The pmpose of the Society is to raise money on bet�alf of the Como Pazk Zoo and Conservatory and the
proceeds genented at the gift shop benefit that purpose.
AtivanWges If Approved:
The Society will be able tA opeate the gift shop and generate revenue in support of Como Paxk Zoo and Conservatory.
Disadvanta5�es If Approved:
None
Disadvantages If Not Approved:
The Society will not be able to operate the gift shop and will lose the opportunity to generate related revenue.
Total Amount of
Trensadion- 16 CasUReveque Butlgeted: Y
Funding Source: COfT10 ZOO 8fid Activity Number: �� ��
Fina�cial Information: ConSeNatOry SOCi61y
(Explain)
�EC 2 2 2006
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Authority (C.F. or A.O.)
LEASE
FINANCE DEPT. LEASE NO. [I,ease Number]
LESSOR CITY OF SAINT PAUL
__DEPARTMENT OF PARKS AND RECREATION 1
LESSEE: Como Zoo and Conservatorv Societv
CITY OF SAINT PAUL
STANDARD LEASE
AGREEMENT
[1} Leased Premises. The LESSOR, in consideration of the payment of the Basic 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 refened to as the Leased Premises,
whose address is: 1225 Estabrook Drive Saint Paul, MN 55103, and which is legally described as:
the gift shop build-out and basement storage in the Visitor Center at Como Pazk Zoo and
Conservatory.
[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 Commencing Date Ending Date
16 years January l, 2007 December 31, 2022
j3] Use of Premises. The LESSEE shall use and occupy the Leased Premises for the followingpurpose:
a) designated retail space in the Visitor Center to operate Garden Safari Gifts, b) designated storage
space in the basement of the Visitor Center for inventory and c) use of common space such as
restrooms and class rooms in the Visitar Center.
[4] Rent Rent shall consist of Basic Rent of $1.00 per twelve month period. LESSEE shall pay all rent
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[5]
[6]
in advance for the entire I,ease Term.
(A) Basic Rent
Total Basic Rent
During L,ease Term
�16.00
Schedule
(Payment Period
Jan 1— Dec 31
Commencing Date
January 1, 2007
� per Period)
$1.00
LESSEE shall make the payment of Basic Rent to LESSOR at the following address:
1225 Estabrook Drive. Saint Paul, MN 55103
The applicable account number for City Finance Accounting Code is: 33137
All Basic Rent shall be payable within thirty days of the execution of the Lease, or if no date certain
is provided, within 30 days of the billing date. The Lessor shall charge interest of 1.5% per month on
any Basic Rent remaining unpaid beyond the due date as here provided.
Ri�ht 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 or, in the event of an emergency, at any time for any legitimate purpose.
Insurance.
(A) LESSOR'S Insurance. The LESSOR shall acquire and keep in effect during the term of this
a�eement the following coverages:
(1) FIRE AND ALL RISK INSIJRANCE, on the Leased Premises shall be purchased by
the LESSOR. Said insurance shall name the City of Saint Paul as the insured. With
respect to any loss ofthe LESSOR'S property not covered byinsurance, it shall be the
responsibility of the LESSOR, within a reasonable tune, to pay all costs to repair or
replace the damaged property with like kind, such reasonable time to be determmed
by the LESSOR. LESSEE shall be responsible for insurance of its own property.
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(B) LESSEE'S Insurance. The LESSEE shall acquire and keep in effect during the term of this
lease the following coverage:
(1) The LESSEE shall be responsible for the self insurance of, or the acquisirion of
Comxnercial Property Insurance on, its personal property.
(2} COMT�RCIAL GENERAI, OR PUBLIC LIABILTI'Y INSUI2ANCE including
blanket contractual liability coverage, personal injury liability coverage and broad
form properry damage liability endorsement with a combined single 1'unit of not less
than $],000,000, 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; (c) include an
all services, products or completed operations" endorsement ,(d) not exclude
explosion, collapse and underground properiy damage; (e) be written on an
Occurrence" Form policy basis.
(3) AUTOMOBILE LTABILITY INSiJRANCE with minimum limits of $1,OOQ000 per
occurrence and $2,000,000 aggregate limits, covering hired, non-owned and owned
automobiles.
(4} WORKERS' COMPENSATION INSURANCB with not less than statutory m;n;mum
limits; and EMPLOYERS' LIABILITY INSlTRANCB with minimum bodily injury
limits of at least $100,000 per accident, $100,000 per employee bodily injury by
disease and maximum $500,000 per disease, with an all states endorsement.
(5) The LESSEE shall supply to LESSOR current insurance certificates for policies
required in Paragxaph (6). 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 minnnums; and it
is the sole responsibility of the LESSEE to purchase and maintain additional
insurance that may be necessary in relarion to this lease.
(7) Nothing in this contract shall constitute a waiver by the LESSOR of any statutory
limits or exceptions on liability.
(8) LESSEE shall place the insurance with responsible insurance companies authorized
and licensed to do business in the State of Minnesota, and shall deliver copies of the
policies to LESSOR on the date of LESSEE'S execution of this agreement. The
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policies required in pazagraph (6) shall be endorsed to indicate that the insurer cannot
cancel or change the insurance without first giving tYie LESSOR 30 days' written
notice.
(9) Insurance limits shall be subject to the tort claims liability limits as set forth in
chapter 466 ofMinnesota Statutes.
(C) Waiver of Subro¢ation. LESSOR waives its right of subrogarion 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 ri�t of subrogation far damage to property in the
Leased Premises, loss of use thereof, loss of income and/ar accounts receivable, up to the
amount of their respective insurance proceeds collected. The parties shall notify their
respective insurance companies, in writing, of the provisions of this pazagraph; and, if either
cannot waive its subrogation rights, such party shall immediately notify the other party, in
writing.
[7] Cancellation or Termination. This lease shall be subject to cancellation and terminarion by
LESSOR or LESSEE at any time during the term hereofby giving the other party notice in writing at
180 days, prior to the date when such ternunation shall become effective.
[8] Notice. All notices herein provided to be given, or that may be given by either party to the other,
shall be deemed to have been fully given when served personally on LESSOR or LESSEE, or when
made in wriring and deposited in the United States Mail, certified and postage prepaid, and addressed
to the LESSEB at the address stated on page (1) and to the LESSOR at the Real Bstate Division,140
City Hall, Saint Paul, Minnesota 55102. The address to which the norice 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.
[9] Assignment and Sublettine. LESSEE shall not assign or sublet this Lease without the written
consent of the LESSOR, which consent must be obtained prior to the execurion of any agreement to
sublease the Leased Premises.
[10] Maintenance and Renairs. LESSOR shall be responsible for all repairs, maintenance and upkeep of
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the Leased Premises, including but not limited to emeraency repairs of any kind; routine
maintenance and repair to keep the I,eased Premises in good repair, safe and in compliance with
applicable fire, health, building and other life-safety codes; and all repairs and maintenance needed
to keep the buildings or structures on the I,eased Premises in good condirion.
[l l] Indemnitv. The LESSEE a�ees to indemnify, defend, save and hold hannless 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 ofthe operations or business activiries talang place on the Leased Premises, except to the
extent any injury or damage is the result of the negligence or willful misconduct of LESSOR. It is
fully understood and agreed that LESSEE is aware of the conditions of the Leased Premises and
leases the same as is.
[12] 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 tkris Lease shall cancel and terminate anyprior leases or rental agreements as of the
effective date ofthis lease.
[13] Comnliance with Laws. The property described herein may be used far only the purposes stated
herein. It is the sole and exclusive responsibility of the LESSEE in the use of the properiy 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 LES SEE of the obligation to pay the rental
provided herein.
[14] Non-Discrimination. The LESSEE for himself, his personal representarives, successors in interest
and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant
rnmiing with the land, that
(A) no person, on the �ound race, creed, religion, sex, sexual or affectional orientation, color,
national origin, ancestry, familial status, age, disability, marital status or status with regard to
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public assistance shall be excluded from participatiug in, be denied the benefits of, or be
othercvise subjected to discrimination in the use of said faciliries;
(B) that in connection with the construction of any improvements on said lands and the
fiunishing of services thereon, no discrimuiation 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 retenrion of second-tier
subcontractors;
(C) that such discriinination shall not be practiced against the public in its access in and use of
the facilities and services provided for public 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.
[15] 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 by the LESSOR. 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 properiy of the LESSOR at the end of
the Lease period. LESSEE agees that all alterations will be done in a worlananlike manner and in
conformance with applicable building codes, that the structural inte�it}� and building systems of the
building will not be impaired, and that no liens will attach to the premises by reason thereof.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year in this Lease
first above-written.
LESSOR:
Mayor
Director of Financial & Management Services
Director Parks and Recrearion
City Attorney (Form Approval)
LESSEE:
Its
Its
Its