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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