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07-144Return copy to: (BJE) PW/'I'echnical Services — Real Estate 1000 City Hall Annex CITY Presented By council File # l�7—/� fy Green Sheet # 3036442 RESOLUTION AINT�,�A�tTC MINNESOTA � � 1 2 Wi�REAS, the Department of Public Works has negotiated an agreement with Ramsey County to extend 3 from Mazch 1, 2007 through February 29, 2009 Lease Agreement PW/5, said Lease being for 31 parking 4 stalls in the Second Street Gazage adjacent to the Ramsey County Government Center East building; now, 5 therefore be it 6 7 RESOLVED, that the proper City officials are hereby authorized and directed to execute Lease Agreement s PW/5. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 6 Requested by the Department of: Public Works $v: �-C� Director Form Ap�eyed by Adopted by Council: Date ������� Adoption Certified by Co il Secretary By: ° Approved by Date 2— 20 By: : for Submission to Council : GUteal &tateU,eases�PubGc Works�PW-OS -- Bridge Yazd�PW5.07_12.011207.Resolution.doc 2� D7 /yy � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � PN7 —Public Works ConWd person & Phone: Bruce Engelbrekt 2668854 Must Be on Council Aqen� Doc. Type: RESOLUTION E-Document Required: Y Document Contact: Bruce Engelbrek[ ConWdPhone; 2668854 Total # of Signature Pages _(Clip NI Locations for Signature) 5 ounc�l 6 i Clerk Ci Clerk To approve a two-yeaz extension of LeasseAAgreement PW/5, an agreement to lease 31 parldng spaces in the Second Street Garage to Ramsey Counry. � itlatlons: Approve (A) of Reject (R): Pefsonal SefYice Gont�'dct5 MuSt Answer the Following QuPStlons: Planning Commission - 1. Has this persoNfirm ever worked under a conlrad for this department? CIB Committee Yes No - Civil Service Commission 2. Has this person/firtn ever been a ciry employee? Yes No 3. Does ihis person/firm possess a skill not normally possessed by any cuRent city employee? . Yes Mo , Explain alI yes answere on separete sheet and attach to green sheet Initiating Problem, issues, Opportunity (Who, What, When, Where, Why): The lease expues on Febmzry 28, 2007. %� ���: � u� �Q�� AdvantageslfApproved: "s' " ' Ramsey Counry will continue to rent pazking spaces. The City will receive about $31,000 per year. RECEIVED Disadvantages If Approved: None 2�,�-0�� I Green Sheet NO: 3036442 � uepmwrcna ucm�vrc�avn 0 blic Works Brace Eu eNre1R A55ign 1 blic Works TS Division Msna er F��� 2 ublicWoricc i Z �% De ar�entDireMOr Routing 3 " AttorneV Judv Aaoson ; Order q yar Office MayorlAssistaot FEB 0 1 2007 MAYOR'S OFFiGE Disadvantages If Not Approved: The City will not receive the rent. Ramsey County will not benefit from the pazking, which they have had for several years. � TransacHon: $sZ�222 CostlRevenue Budgeted: FundingSou�ce: R8R7SeyCOUf11}� ActiviYYNumber, n9�A�on� Financial Information: '�s amount represents tWO yeazs'rent. di✓� ' v� �(Explain) January 25, 2007 4:39 PM Page 1 o� ��� (PW 05) Revised 01/12/07 Authority (GF.) D RAFT LEASE NO. FtNANCE QEPT. LEASE NO. PW/5 LESSOR: CITY OF SAINT PAUL DEPARTMENT OF PUBLIC WORKS LESSEE: COUNTY OF RAMSEY DIVISION OF PROPERTY MANAGEMENT 660 Ramsev Countv Government Center-West SAINT PAU L � AAAA CITY OF SAINT PAUL STANDARD LEASE AGREEMENT [1] Leased Premises. The LESSOR, in consideration of the 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", consisting of 31 parking spaces in the Second Street Garage (A.K.A. Bridge Yard) whose address is: which is {egally described as: A parking garage located under surface of Lots 2, 3 and 4, Block 31, St. Paul Proper together with any buildings, fixtures in such buildings, improvements and structures, if any, located thereon; See Exhibit "A", plan or map of Leased Premises which is attached hereto and made a part of this agreerrient. [2� Term of Lease. This dates indicated below, herein. Term (Months/Years) lease shall be in effect for a term commencing and ending on the unless terminated earlier by the LESSOR or LESSEE as provided Commencing Date Ending Date Two Years March 1, 2007 February 29, 2009 [3] Use of Premises. The LESSEE shall use and occupy the Leased Premises forthe purpose of Vehicle Parkinq and for no other purpose without the prior written consent of LESSOR. [4] Rent. Rent shalf consist of Basic Rent, which is based on availability of 31 staHs, and such Additional Rent as may apply. LESSEE shall pay all rent in advance, on the first day of the term of the lease and on the first day of each payment period thereafter as indicated in the Payment Schedule below: Scheduie Total Annual Basic Rent (Monthly Payment Commencing Date $30,802.94 $2,566.91 March 1, 2007 $ per Space) ;. : : � $31,419.00 $2,618.25 March 1, 2008 $84.46 LESSEE shall make all payments of Basic Rent and Additional Rent to Public Works Accounting Div., 14� Citv HaA, St. Paul, MN 55102. The applicable account number for City FinanceAccounting Code is: 42340-6801. [5] Riaht 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. [6] Insurance. (A) LESSOR'S and LESSEE'S Insurance. The LESSOR and LESSEE shall acquire during the term of this lease the following coverage: (1) COMMERCIAL GENERAL LIABILITY INSURANCE (a) LESSOR is self-insured for commercial general liability, pursuant to State Statute 466. (b) LESSEE is self-insured for commercial general liability, pursuant to State Statute 466. (2) WORKERS' COMPENSATION INSURANCE with not less than statutory minimum limits; and EMPLOYERS' LIABILITY INSURANCE with minimum limits of at least $100,000 per accident and with an af{ states endorsement. tESSEE is self funded for such coverage. (a) LESSOR is self funded for such coverage (b) LESSEE is self funded for such coverage (3) The limits cited under each insurance requirement above establish minimums; and it is the sole responsibility of the LESSOR and LESSEE to purchase and maintain additiona{ insurance that may be nacessary in relation to this lease. (4) Nothing in this contract shall constitute a waiver by the LESSOR or LESSEE of any sfatutory Iimits or exceptions on liability. [7] Canceilation or Termination. This lease shall be subject to cancellation and termination by either party at any time during the term hereof by giving notice in writing to the other party at ninety (90) days, prior to the date when such termination shall become effective. In the event of such termination, and on the effective date of such termination, LESSOR shall return any unearned rental paid by the LESSEE without interest. [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 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 Pubiic Works—City Reaf Estate, 1000 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. [9] Assignment and Sublettina. Except for subleases between LESSEE and its employees for vehicular parking, LESSEE shall not assign or sublet this Lease without the written consent of the LESSOR, which consent must be obtained prior to the execution of any agreement to sublease the Leased Premises. [10] Maintenance and Repairs. (A) LESSOR'S Responsibilities. LESSOR shall, at its own cost and expense, be responsible for aH repairs, maintenance and upkeep of the Leased Premises, exclusive of LESSEE'S personal property and any improvements installed by or specifically for the LESSEE, including emergency repairs of any kind and routine maintenance and repair to keep the Leased Premises in good repair and safe in compliance with applicable fire, health, building and other life-safety codes. Such repairs, maintenance and upkeep shall not be deemed to include custodial duties. (B� LESSEE'S Responsibilities. LESSEE shall, at its own cost and expense, perform custodial duties to keep the Leased Premises clean and orderly in compliance with applicable fire, health, building and other life-safety codes; and shall provide all materials and supplies necessary for the pertormance of custodial duties. LESSEE shall also be responsible for all repairs, maintenance and upkeep of its own personal property and to any improvements that have been installed by or specifically for the LESSEE. [11] Pavments in 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, orto recover possession of said property, whether such action progresses to judgment or not. [12] 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 property and its appurtenances to LESSOR in as good order and condition as the property was delivered to the LESSEE. [13] lndemnitv. The LESSEE agrees to indemnify, defend, save and hold harmless the Gity 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 ofi the LESSEE's perFormance or failure to perform under the terms of the Lease, or the use by LESSEE of the Leased Premises under this agreement. It is fully understood and agreed that LESSEE is aware of the conditions of the Leased Premises and leases the same "as is. The LESSOR agrees to indemnify, defend, save and hold harmless Ramsey County and any agents, officers and employees thereof from all claims, dema�ds, actions or causes of aotion of whatsoever nature or character, arising out of or by reason of the use by the LESSOR of the remainder of the building in which the Leased Premises are located, or the pertormance or failure to perform by LESSOR under the terms of this agreement. [14] Holdover. Any holdover after the expiration of the term of this Lease shall be allowed only after receiving the written consent of the LESSOR. Said tenancy shall be deemed to be a tenancy only from month-to-month. All other terms and conditions of this Lease shall be applicable. [15j Pollution and Contaminants. LESSEE and LESSOR agree to comply with all ordinances, laws, rules and regufations enacted by any governmental body or agency relating to the control, abatement or emission of air and water contaminants and the disposal of refuse, solid wastes or liquid wastes. LESSEE shall bear all its costs and expenses of complying, or arising from failure by LESSEE to comply, with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold harmless LESSOR from all liability, including without fimitation, fines, forteitures, and penalties arising from the failure by LESSEE to comply with such ordinances, laws, rules or regulations. LESSOR has the right to perform cleanup and charge the LESSEE asAdditional Rent for such costs should the LESSEE fail to comply. LESSOR shall bear all its costs and expenses of complying, or arising from failure by LESSOR to comply, with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold harmless LESSEE from all liability, including without limitation, fines, forfeitures, and pena{ties arising from the failure by LESSOR to comply with such ordinances, laws, rules or regulations. [16] Controllina 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 this Lease shal{ cancel and terminate any prior leases or rental agreements as of the effective date of this lease. [17] Destruction. In the event of damage to or destruction of the Leased Premises or in the event the premises becomes untenantable or unfit for occupancy, in whole or in part, 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. The Basic Rents to be paid during the restoration period shall be abated in proportion to the percentage of loss and impairment ofthe use ofthe Leased Premises as determined bythe LESSO42, times the number of days of Ioss or impairment. [18) Events ofi Defauit. (A) Default by LESSEE. The occurrence of any of the following events during the term of this Lease shall const+tute an event of default by the LESSEE: (1) the failure by LESSEE to timely pay Basic Rent orAdditional Rent as required by this Lease; (2) the 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 [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 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 LESSEE of the obligation to pay the rental provided herein. [20] Non-Discrimination. The LESSEE for itself, its personal representatives, successors in interest and assigns, as a part ofi the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that (A) no person, on the ground of race, sex, color creed, religion, age, disability, marital status, status with respect to public assistance or national origin or ancestry 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 construction of any improvements on said lands and the furnishing ofi 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; (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 recreat+on) canstructed 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. [21] Default Remedies. (A) LESSOR'S Remedies. In the event an Event of Default occurs under paragraph (19) of this Lease, LESSOR may exercise any one or more of the following remedies: (1) reenter and 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; (2) terminate this lease, exclude LESSEE from possession of the Premises, and use its best efforts to lease the Premises to or enter into an agreementwith another in accordance with applicable law; (3) exclude LESSEE from possession ofthe Premises, with orwithoutterminating this Lease and operate the Premises itself; (4) terminate the Lease, exclude LESSEE from possession of the Leased Premises, sell all or any part of the Premises at the best price obtainable (provided such sale is permitted by applicable law,) such sale to be on such terms and conditions as the LESSOR, in its sole discretion, shal! determine and apply the proceeds of such sale less any expenses thereof for the account of the LESSEE. (5) exercise any remedies available to it under the Minnesota Uniform Commercial Code; (6) take whatever action at law or in equity may appear necessary or appropriate to collect the Basic Rent and Additional Rent then due and thereafter to become due, or to enforce pertormance and observance of any obligation, agreement or covenant of the LESSEE under this Lease. (7) 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. No remedy herein conferred upon or reserved to LESSOR is intended to be exclusive of any other available remedy or remedies, but each 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 such right or power accruing upon any default shall impair any such right or power or 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 in this Provision, it shall not be necessary to give any notice, other than such notice as may be herein expressly required. (B) LESSEE'S Remedies. If the LESSOR should default in the performance of the conditions or covenants of this Lease Agreement, LESSEE, in addition to all other remedies now or hereafter afforded or provided by law, may at its election perform such condition or covenant on behalf of LESSOR or make good any such default and any amount or amounts that LESSEE shall advance pursuant thereto shall be repaid by LESSOR to LESSEE on demand; and, if the LESSOR shalf not repay any such amount or amounts upon demand, LESSEE shall have the right to deduct the same from the next installment or instaliments of rent to accrue under this Lease. [22] 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 and such alterations shall be done by the LESSEE at its own expense. 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 property 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 structural integrity and building systems of the building will not be impaired, and that no liens will attach To the premises by reason thereof. [23] Unused Saaces. LESSEE shall, in subleasing parking spaces to employees, give priority to the spaces along the north wall of the facility; and any spaces remaining unused shall be made available at no cost to the LESSOR for storage of City-owned vehicles. [24] Renewal. Ninety days prior to the conclusion of the term of this Lease, as shown in Paragraph [2], LESSEE shall have the option of renewing for an additional two years, the rental rate to be determined by negotiation at that time. [25] Amended. Anything herein contained to the contrary not withstanding, 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. LESSOR: Mayor City Clerk Director of Technology and Management 8ervices City Attorney (Form Approval) LESSEE: Its Its Its