07-13CouncilFile# ��—/�
Green Sheet # 3C35518
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA ��
Presented
Whereas, the Como Zoo and Conservatory Society is a non-profit organization that promotes, supports,
preserves and enhances Como Park Zoo and Conservatory, and
4 Whereas, the Society wishes to lease designated administrative space, in the Zoolo� cal Building,
5 desi�ated storage in the basement of the Zoological Building and have use of common space such as
6 meeting rooms, work rooms and a break room in the Zoological Building, and
7
8 Whereas, the Como Park Zoo and Conservatory receives substantial administrative and financial benefits
9 as a result of the Society occupying space in the Zoological Building, and
10
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
13
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 far space in the Zoological Building.
lb
Benanav
Bosh�om
Hazris
Helgen
✓
✓
✓
Requested by Deparhnent of:
���� ���h�
By: i �`�� � �^ _ ,
Thune ✓ Form Appro�City Atto y
� /� � By ,
Adopted by Council: Date r � o7�JD7
Adoption Ceriified by Cou�ncil Secre Form Ap,� 6v� ayor £or Submission to CouncIl
BY� �2 BY� // _
`�\,
Approved by Ma ate / ( �
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
��—/ ?i
Departmentloffiee/council: Date Initiafed: �
PR - pazksandRecreation , 'I&DEC-06 Green Sheet NO: 3035518
Contaet Person & Phone: ���� Sem So Person InitiaUDate
Mike Hah�n � 0 r o r ti n ��� �
487$296 p�5j 7 arks an Recreatio De a e Dir or
Must Be on Councii AAenda by (Date): Namber Z
For
Routing 3 0's ffice Ma or/ ssi nf
Order 4 uo i1
5 iri Clerk � ,P`�a :- - � - --�
A C���� �' ��,�'�,,
ti��' r (? �!"lhi'
Total # of Signature Pages _(Clip NI Locations for Signature) ~ �
�
Action Requested: �,,. � �� � � � � ��'� �. �
Approve Cwncil Resolution authorizing City officials to execute a 5 yeaz lease with the Como Zoo and Conservatory to locate thes '
admivistrative offices in the Como Zoological Building.
Re�mmendations: Approve (A) or Reject (R): Personaf Service Contracts Must Mswer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a ciiy employee?
Yes No
3. Dces this person�rtn possess a skill not normally possessed by any
curcent city emplayee?
Yes No
EYplain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The Como Zoo and Conservatory Sociery desires to maintain adxninistsative o�ces in the Como Zoological Building. A lease is
required to establish the parametexs xelated to ftris use. The puipose of the Society is to raise monies on behalf of the Como Pazk Zoo
and ConseLVatory. The dedication of space fox theu use benefits that purpose.
AdvanWAes If Approved:
The Society will have space assigned for their administrarive offices and related funcfions at Como Pazk Zoo and Conservatory.
DisadvantageslfApproved: "
None
DisadvanWges If Not Approved:
The Society will not have space assigned for their admiuishztive offices and related fixnctions at Como Park Zoo and Conservatory.
Total Amount of 5 CosURevenue Budgeted: �
Trensaction:
Funding Source: CORIO ZOO 8Rd Activity Num6er: 38-33137 3G�
Financial Information: COns@NatOfy SOCiefij
(Explain)
oEC � �
Authority (C.F. or A.O.)
LEASE NO.
FINANCE DEPT. LBASE NO. [Lease Number]
DATE: [Date]
LESSOR: CITY OF SAINT PAUL
DEPARTMENT OF PARKS AND RECREATION 1
LESSEE: Como Zoo and Conservatorv Societv
t��-/3
CITY OF SAINT PAUL
STANDARD LEASE
AGREEMEI�TT
[1] Leased Premises. The LESSOR, in consideration ofthe 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: 1225 Estabrook Drive Saint Paul, MN 55103, and which is
legally described as: the Zoological Building on the grounds of Como Pazk Zoo and Conservatory.
[2] Term o1' Lease. This lease shall be in effect for a term commencing and ending on the dates
indicated below, unless terminated earlier by the LES50R as provided herein.
Term Commencing Date Ending Date
60 months January 1, 2007 December 31, 2011
[3] Use of Premises. The LESSEE shall use and occupy the Leased Premises for the following purpose:
a) designated administrarive office space in the Zoological Building for current and £uture Como Zoo
and Conservatory Society staff, b) designated starage space in the basement of the Zoological
Building and c) use of cornmon space such as meeting rooms, work rooms and a break room in the
Zoological Building.
[4] Rent Rent shall consist of Basic Rent of $1.00 per twelve month period and such Additional Rent
1
�`i���,
as may apply. LESSEE shall pay a11 rent in advance for each twelve month period as indicated in the
Payment Schedule below:
(A) Basic Rent
Schedule
Total Basic Rent
During Lease Term —(Payment Period — Commencing Date —� per Period)
$5.00 7an 1—Dec 31 January 1, 2007 �1.00
(B) Addifional Rent. Additional Rent means a11 amounts, other than Basic Rent provided for in
para�aph (4-A) above, that LESSEE shall be obligated to pay under this paragraph or other
provisions of this Lease. Additional Rent shall include:
(1) utilaty costs far telephone in the amount of $300 per month, to be paid quarterly to
the LESSOR at the end of each quarter;
(2} utility costs for computers in the amount of $100 per month, to be paid quarterly to
the LESSOR at the end of each quarter;
(3) properiy insurance premium and(or uninsured losses as set forth in paragraph (6) of
this Lease.
LESSEE shall make all payments of Basic Rent and Additional Rent to LESSOR at the following
address:
1225 Estabrook Drive. Saint Paul, MIV 55103
The applicable account number for City Finance Accounting Code is: 33137
All Basic and Addirional Rent shall be payable on the date certain provided herein, ar if no date
certain is provided, within 30 days of the billing date. The Lessor sha11 charge interest of 1.5% per
month on any Basic or Additional Rent remaining unpaid beyond the due date as here provided.
[5] RiEht of Entrv. At all times during the term of this lease, the LESSOR shall haue 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 Ume for any legitimate putpose.
2
0 � - /3
[6] Insurance.
(A) LESSOR'S Insurance. The LESSOR shall acquire and keep in effect during the term of this
agreement the following coverages:
(1) FIRE AND ALL RISK INSLJRANCE, 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 properiy not coveredby insurance, it shallbe the
responsibility of the LESSOR, within a reasonable rime, to pay all costs to repair ar
replace the damaged property with like kind, such reasonable tune to be determined
by the LESSOR. LESSBE shall be responsible for insurance of its own property.
(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 acquisition of
Commercial Property Insurance on, its personal property.
(2) COMMERCIAL GENERAL OR PUBLIC LIABII,ITY INSIJRANCE including
blanket contractual liability coverage, personal in}ury liability coverage and broad
form properry damage liability endorsement with a combined single ]imit of not less
than $1,000,000, per occurrence, $2,000,000 aggregate, shall be purchased by the
LESSEE. Such insurance shall: (a) nasne the City of Saint Paul as additional insured;
(b) be primarywith respect to LBSSOR'S insurance or self-insurance; (c) 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.
(3) AUTOMOBILE LIABILITY INSI.JRANCE with minimum limits of$1,000,000 per
occutrence and $2,000,000 agg�egate lunits, covering hired, non-owned and owned
automobiles.
(4) WORKERS' COMPENSATION INSITRANCE with not less than statutory minimum
limits; and EMPLOYERS' LIABTLITY INSIJRANCE with minimum bodily injury
lunits of at least $100,000 per accident, $100,000 per employee bodily injury by
disease and maximum $500,000 per disease, with an a11 states endorsement.
(5) The LESSEE shall supply to LESSOR current insurance certificates for policies
��-1�
required in Para�aph (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 m;n;mums; and it
is the sole responsibility of the LESSEE to purchase and maintain addirional
insurance that may be necessary in relation to this lease.
(7) Nothing in this contract shall constitute a waiver by the LESSOR of any statutory
limits or exceptions on liability.
(8) LE5SEE 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
policies required in paragraph (6) shall be 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 Subrogarion. LESSOR waives its right of subrogation for damage to the Building,
contents therein, loss of use thereof, and/or loss of income, up to the amount of insurance
proceeds collected. LESSEE waives its right of subrogation for damage to property in the
I.eased Premises, loss of use thereof, loss of income and/or 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 ofthis pazagraph; and, if either
cannot waive its subrogation rights, such party sha11 immediately nofify the other party, in
writing.
[7] Cancellation or Termination. This lease shall be subject to cancellation and termination by
LESSOR or LESSEE at any time during the term hereof by giving the other party notice in writing at
120 days, prior to the date when such termination shall become effective.
[8] Notice. All notices herein provided to be given, or that may be gjven by either pariy to the other, .
shall he deemed to have been fully given when served personally on LESSOR or LESSEE, or when
�
o� �3
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 Real Estate Division, 140
City Hall, Saint Paul, Minnesota 551o2. The address to which the notice shall be mailed may be
changed by written no6ce a ven by either party to the other. Nothing herein shall preclude the giving
of such address change notice by personal service.
[9] Assi�nment and SnblettinE. LESSEE sha11 not assign or sublet this L,ease without the written
consent of the LESSOR, which consent must be obtained prior to the execution of any agreement to
sublease the L,eased Premises.
[10] Maintenance and Repairs. LESSOR shall be responsible for all repairs, maintenance and upkeep of
the Leased Premises, including but not limited to emergency repairs of any kind; routine
maintenance and repair to keep the Leased 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 shuctures on the Leased Premises in good condition.
[ll] Indemnity. The LESSEE agrees to indemnify, defend, save and holdhannless the City of 3aint Paul
and any agents, officers and employees tl�ereof from all claims, demands, actions or causes of acfion
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 condifion of the Leased Premises ar
as a result of the operarions or business activities taking 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
fizlly understood and agreed that LESSEE is aware of the conditions of the Leased Premises and
leases the same "as is."
[12] Controlling Lease. In the event there is any prior existing lease or rental agreement beriveen
LESSBE and LESSOR (or its predecessar in interest) covering the subject property, it is agreed and
understood that this Lease shall cancel and terminate any prior leases or rental agreements as of the
effective date of this lease.
[l�] Compliance with Laws. The property described herein may be used for only the purposes stated
herein. It is the sole and exclusive responsibility ofthe LESSEE in the use ofthe property to comply
with all laws, rules, regulations or ordinances imposedby any jurisdiction affecting the use to which
0�-�3
the properiy 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
provided herein.
[14] 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 a�ee, as a covenant
rnnning with the land, that
(A) no person, on the ground race, creed, relia on, sex, sexual or affectional orientarion, color,
national origin, ancestry, familial status, age, disability, marital status or status with regard to
public assistance shall be excluded from participating in, be denied the benefits of, or be
otherwise subjected to discrimination in the use of said facilities;
(B) that in connection with the conshuction of any improvements on said lands and the
fixrnishing of services thereon, no dascrimination shall be practiced in the selection of
employees and contractors, by contractors in the selection and retenrion of first tier
subcontractors, and by first-tier subcontractors in the selection and retention of second-tier
subcontractors;
(C) that such discrimination 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 recrearion) constructed or operated on the Leased Premises; and
(D) that the LESSEB shall use the premises in compliance with all other requirements imposed
pursuant to the Saint Paul Legislative Code Chapter 183.
jl5] 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 fust 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 LE5SEE'S expense shall become the properiy 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 building codes, that the struchxral integrity and building systems ofthe
building will not be impaired, and that no liens will attach to the premises by reason thereo£.
0
D�-f-3
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year in this I,ease
first above-written.
LESSOR:
Mayor
Director of Financial & Management Services
Director Parks and Recreation
City Attorney (Form Approval)
LESSEE:
Its
Its
Its
7