08-366Council File # � �
Green Sheet # 3051844
CITY
RESOLUTION
PAUL, MINNESOTA
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Presented By
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WHEREAS, the Saint Paul City Council recognizes that domesric violence is a serious
issue for its citizens, and that a multi-faceted approach is necessary to address the issues faced by
victims in accessing services; and
WHEREAS, the Partnership for pomestic Abuse Services is an unincorporated
association formed to create a comprehensive, centrally located Domestic Abuse Service Center
in the City of St. Paul where victims, including children, will have access to protection,
culturally relevant services and support from the criminal and civil justice system, advocacy,
legal aid and social services providers; and
WHEREAS, Saint Paul Intervention Project, acting on behalf of the Partnership for
Domestic Abuse Services has committed funds to the renovation of space in the courthouse to
house the Domestic Abuse Service Center; and
WHEREAS, the attached lease would provide space to Saint Paul Intervention Project, as
agent for the Partnership, at nominal rent; and
WHEREAS, providing the space to the Partnership serves a public purpose in offering an
efficient and effective way for victims to access the multiple services necessary to support them
in times of domestic violence, and furthers the goals of creating safer families and reducing
violence in the community; now, therefore be it
RESOLVED, that the Saint Paul City Council hereby authorizes the appropriate city
officials to enter into the attached lease agreement with Saint Paul Intervention Project, on behalf
of the Partnership for pomestic Abuse Services.
Adopdon Cerkfied by Couocil ecreTary
By: `
Approved by May a �
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Requested by Department of.
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Form Approve by City Atto !� v
BY' � iK.n
Form Approve Mayor for Submiss�on to Council
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Contact Person & Phone:
Virginia Palmer
266-8710
must tse on
09-APR-OS
Doc.Type: RESOLUTION
E-Docament Required: Y
Document Contact: Virginia Palmer
Contact Phone: 266-8710 -'
02-APR-OS
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Assign
Number
For
Routing
Order
Total # of Signature Pages _(Ctip All Lowtions for Signature)
Green Sheet NO: 3051844
0 Attorne
1 'trAttornev Depar6nentDirectar
2 blicWorks ReatEstate
3 or's Otfice Ma odASSisfant
4 �,Council C7N Council
5 'N Clerk Ciry Clerk
Authorizing the appropriate City officials to enter into a lease agreement with Saint Paul Intervention Project on behalf of the
Partnership for pomestic Abuse Services.
iaations: Approve (A) or Ke}ect (R): Personal Service Contrects Must Answer the Following Questions:
Planning Commission t. Has this person/firm ever worked under a contract for this departmenC?
CIB Committee Yes No
Civil Service Commission 2. Has this persoNfirm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
wrrent ciry employee? ,
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Protilem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
Disadvantages If Approvetl:
DisadvanWges If NotApproved:
Transaction:
Funding Source:
Financial Information:
(Explain)
Activity Number:
April 2; 2008 5:05 PM
Cost/RevenUe Budgeted:
Page 1
([FileName])
Revised / l2007
Authority (C.F. or A.O.)
LEASE NO.
FINANCE DEPT. LEASE NO. [Lease Number]
DATE: [Date]
LESSOR: CITY OF SAINT PAUL, DEPARTMENT OF REAL
b�' 31��
ESTATE. CITY OF SAINT PAUL
LESSEE: ST. PAUL INTERVENTION PROJECT, A MINNESOTA STANDARD LEASE
AGREEMENT
NON-PROFIT CORPORATION.
[1] Leased Premises. Far purposes of this lease, the term "Land" means the tract of land in City of
Saint Paul, County of Ramsey, State of Minnesota that is commonly referred to as 15 West
Kellogg Boulevard; the term "Building" means all buildings, improvements and structures
located on the Land and all fixtures within the Building other than tenant trade fixtures; the term
"Property" means the Land and the Building; and the term "Leased Premises" means the area
within the Building depicted on the attached Exhibit A. In consideration of LESSEE'S payment a.
of the Rent hereinafter specified and the covenants and agreements herein contained, LESSOR '
does hereby lease, demise and let the Leased Premises unto LESSEE. In addition, LESSEE and
LESSEE's employee's, clients, guests and invitees shall have the right to use the common areas
of the Building for access to and from the Leased Premises and shall have the right to use the
common bathroom facilities located on the floor of the Building on which the Leased Premises
are located.
[2] Term of Lease. This Lease is effective as of April 15, 2008 (the "Commencement Date") and
expires on Apri130, 2018 (the "Ending Date").
[3] Use of Premises. LESSEE shall use and occupy the Leased Premises for the following purpose:
to operate a center to provide services to victims of domestic violence and for no other purpose
without the prior written consent of LESSOR.
[4] Rent. LESSEE will pay to LESSOR, in a single installment contemporaneously with LESSEE's
execution of this lease, the rent for the full term in the amount of $10.00 (the "RenY').
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[5] Taxes. Except as set forth in this Secrion 5, LESSOR shall be responsible for and pay all real
estate tases and special assessments due and payable with respect to the Property during the term
of this lease. LESSEE represents to LESSOR that, to the best of LESSEE's actual lrnowledge
based on LESSEE's conversations with the Ramsey County Assessor's Office, LESSEE's
intended use of the Leased Premises will satisfy the requirements for real estate ta7c exemption
under Minnesota Statutes Section 272.02. If LESSOR makes timely and appropriate application
to the Ramsey County Assessor's Office to have the property classified as exempt from real
estate taxes pursuant to Minnesota Statutes Chapter 272.02, and the Ramsey County Assessor's
office denies LESSOR's request for fixll tas exemption based on LESSEE's use of the Leased
Premises: (i) LESSEE will pay to LESSOR, not less than 30 days prior to the due date of each
semi-annual tax payxnent, an amount equal to the portion of the real estate tax payment next due
and payable with respect to the Property that is attributable to LESSEE's non-exempt use of the
Leased Premises; (ii) LESSEE may, at LESSEE's sole cost and expense, contest the Ramsey
County Assessar's determination that LESSEE's use does not qualify for tax exemption under
Minnesota Statutes, 272.02 and LESSOR will cooperate with LESSEE in that regard provided
LESSOR is not obligated to incur any cost or liability; and (iii) LESSEE may, at LESSEE's
option, elect to terminate this lease.
[6] Riaht of Entrv. At all times during the term of this lease, LESSOR shall have the right, by
itself, its agents and employees, to enter into and upon the Leased Premises during reasonable
business hours ar, in the event of an emergency, at any time for any legitimate purpose.
[7] Insurance.
(A) LESSOR'S Insurance. LESSOR shall acquire and keep in effect during the term of this
agreement fire and all risk insurance on the Property for the full replacement value of the
Property. LESSEE shall be responsible for insurance of its own tenant trade fixtures and
personai property.
(B) LESSEE'S Insurance. LESSEE shall acquire during the term ofthis lease the following
coverage:
(1) LESSEE shall be responsible for the self insurance of or the acquisition of
casualty insurance on LESSEE's tenant trade fixtures and personal property.
(2) LE5SEE shall acquire and keep in effect during the term of this agreement
commercial general liability insurance providing coverage for bodily injury and
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property damage and including "blankeY' contractual liability coverage. The
policy shall have a combined single limit of not less than $1,000,000, per
occurrence, $2,000,000 aggregate . Such insurance sha1L (a) name LESSOR 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 property
damage; and (e) be written on an "Occurrence" Form policy basis.
(3) To the extent required by law, WORKERS' COMPENSATION INSURANCE
with not less than statutory minimum limits.
(4) To the extent required by law, EMPLOYERS' LIABILITY INSIJRANCE with
minimum limits of at least $500,000 per accident, $500,000 per employee and
$500,000 per disease, with an all states endorsement.
LESSEE shall supply to LESSOR current insurance certificates for policies required in
Paragraph (7). The said certificates shall certify whether or not the agent has errors and
omissions insurance coverage. The limits cited under each insurance requirement above
establish minimums; and it is the sole responsibility of LESSEE to purchase and maintain
additional insurance that LESSEE determines may be necessary in relation to this lease.
Nothing in this contract shall constitute a waiver by LESSOR of any statutory limits or
exceptions on liability. LESSEE shall place the insurance with responsible insurance
companies authorized and licensed to do business in the State of Minnesota and approved
by LESSOR, and shall deliver copies of the policies to LESSOR on the date of
LESSEE'S execution of this agreement. The policies required in paragraph (7) shall be
endorsed to indicate that the insurer cannot cancel or change the insurance without first
giving LESSOR 30 days' written notice. Insurance limits shall be subject to the tort
claims liability limits as set forth in chapter 466 of Minnesota Statutes.
(C) Waiver of Subro ation. LESSOR and LESSEE each waive any and all claims they may
haue against the other party for loss or damage to the Building, the Tenant Improvements
or the their personal property up to the amount of available proceeds under any policies
of insurance they maintain that provide insurance against such loss or damage. The
parties shall notify their respecrive insurance companies, in writing, of the provisions of
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this paragraph; and, if either cannot waive its rights without adversely affecting its
insurance coverage, such party shall immediately notify the other party, in writing.
[8] Cancellation or Termination. This lease shall be subject to cancellation and termination by
LESSEE at any time during the term hereof by giving LESSOR notice in writing at least ninety
(90) days prior to the date when such termination shall become effective. In the event of such
termination, LESSOR is not obligated to return any uneamed rental paid by LESSEE.
[9] 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 writing and deposited in the United States Mail, certified and postage prepaid, and
addressed to LESSEE at the address stated on page (1) and to LESSOR at the Real Estate
Division, 1000 City Hall Annex, Saint Paul, Minnesota 55102. The address to which the notice
sha11 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.
[10] Assienment and SublettinE. LESSEE shall not assign or sublet this Lease without the written
consent of LESSOR, which consent must be obtained prior to the execution of any agreement to
sublease the Leased Premises.
[11] Maintenance and Repairs. LESSEE shall, at its own cost and expense, be responsible for all
repairs, maintenance and upkeep of the interior 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. LESSOR shall, at its own cost and expense, be responsible for all repairs, maintenance
and upkeep of the structural components of the Building, the utility systems serving the Lease
Premises and the common areas of the Property in good repair, safe and in compliance with
applicable fire, health, building and other life-safety codes including (a) the exteriar (including
windows and doors) and interior structure of the buildings or structures, (b) the roof or roofs, (c)
the heating, ventilating and air conditioning systems therein, (d) all electrical, plumbing, lighting,
mechanical systems, fire suppression equipment, i.e. fire sprinkler system; and (e) all grounds,
fences and roads within the Leased Premises. The foregoing obligations shall bind LESSOR and
LESSEE regardless of the cause of the damage or condition necessitating the repair ar
maintenance. LESSOR shall also provide janitorial services to the Leased Premises at a level
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consistent with the level of janitorial services LESSOR provides to the portions of the Building
occupied by the City of Saint Paul.
[12] Pavments in Case of Default. LESSEE shall pay LESSOR all costs and expenses, including
reasonable attomey's fees in any acrion brought by LESSOR as a result of LESSEE's breach or
default under any of the covenants or agreements contained in this Lease, or to recover
possession of said properiy, whether such action progresses to judgment or not.
[13] Surrender of Premises. LESSEE, at the expiration of said term, or any sooner termination of
this lease, shall quit peacefully and surrender possession of the Leased Premises to LESSOR in
as good order and condition as the Leased Premises was delivered to LESSEE normal wear and
Year and casualty loss excepted.
[14] Indemnitv. INTENTIONALLY OMITTED.
[ 15] Holdover. Any holdover after the expiration of the term of this Lease shall be allowed only after
receiving the written consent of 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.
[16] Pollution and Contaminants. LESSEE agrees to comply with all ordinances, laws, rules and
regulations 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 costs and expenses arising from compliance with said ordinances, laws,
rules, or regulations and shall indemnify, defend, save and hold harmless LESSOR from all
liability, including without limitation, fines, forfeitures, and penalties arising from the failure by
LESSEE to comply with such ardinances, laws, rules or regulations. LESSOR has the right to
perform cleanup and charge LESSEE for such costs should LESSEE fail to comply.
[17] Controlling 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 shall cancel and terminate any prior leases or rental agreements as
of the effective date of this lease.
[ 18] Destruction. In the event of damage to or deshuction of the Property that renders the Leased
Premises untenantable or otherwise unfit for use and occupancy for the use described in Secrion
5, including but not limited to damage to the Property that unreasonably interferes with access to
the Leased Premises, LESSOR or LESSEE may, at either's option, terminate the lease upon
fifteen (15) days' written notice to the other party. Tf neither party terminates the lease, LESSOR
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[19]
(A)
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(C)
(D)
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(G)
[20]
[21 ]
(A)
must, at LESSOR's sole cost and expense, restore the Property and the Leased Premises within a
reasonable tnne period foliowing the casualty, but LESSOR is not responsible for restoring
LESSEE's tenant trade fixtures or personal property.
Events of Default. The occurrence of any of the following events during the term of this Lease
shall constitute an event of default by LESSEE:
LESSEE's filing of a petition to have LESSEE adjudicated baukrupt or of a petition for
reorganization or arrangement under any laws of the United States relating to LESSEE's
baxilmxptcy filing;
a third party's filing of a petition to have LESSEE adjudicated bankrupt and LESSEE's
failure to have such petition dismissed within ninety (90) days from the date of such
filing;
the assets of LESSEE or of the business conducted by LESSEE on the Leased Premises
be assumed by any trustee ar other person pursuant to any judicial proceedings;
LESSEE makes any assignment for the benefit of creditors;
the failure by LESSEE to timely pay Rent as required by this Lease;
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
the failure by LESSEE or its surety to discharge, satisfy or release any lien or lien
statement filed or recorded against the Leased Premises within sixty days after the date of
such filing or recording, whichever date is earlier.
Comnliance with Laws. The property described herein may be used for only the purposes stated
herein. It is the sole and exclusive responsibility of LE5SEE 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 LESSEE to comply with any of
said laws, rules, regulations or ardinances will not relieve LESSEE of the obligation to pay the
rentalprovided herein.
Non-Discrimination. LESSEE for itself, it successors in interest and assigns, as a part of the
consideration hereof, does hereby covenant and agree, as a covenant running with the land,
that no person, on the ground of race, sex, color creed, religion, age, disability, marital
status, status with respect to public assistance, national origin or ancestry, familial status
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or sexual or affectional orientation 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 unprovements on said lands and the
furnishing of 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 recreation) constructed or operated on the Leased Premises; and
(D) that LESSEE shall use the premises in compliance with all other requirements imposed
pursuant to the Saint Paul Legislative Code Chapter 183.
[22] Build-Out and Liens. INTENTIONALLY OMITTED.
[23] Eminent Domain. In the event the entire Property is taken by eminent domain, or such portion
thereof is so taken that in LESSEE'S reasonable judgment it is uneconomic thereafter to restore
the Leased Premises and proceed under the terxns and provisions of this Lease, LESSEE may
terminate this Lease by giving to LESSOR thirty days' written notice of termination, effective as
of the date on which the condenming authority acquires legal title or physical possession of the
Leased Premises. LESSEE hereby waives and releases any claim to or share in the Awazd of
Compensation far the taking, notwithstanding any other provision of law, this Lease or any other
agreement. LESSEE may to the extent otherwise permitted in the eminent domain proceeding,
remove its own trade fixtures at its own expense.
[24� Default Remedies. In the event an Event of Default occurs under paragraph (19) of this Lease,
LES50R may give LESSEE written notice of the occurrence of the Event of Default and if
LESSEE does not cure the Event of Default within 30 days of LESSEE's receipt of such notice
or, if LESSEE cannot reasonably cure the Event of Default within 30 days of LESSEE's receipt
of such notice, LESSEE does not commence the cure of the Event of Default within said 30 day
period and thereafter diligently pursue said cure to completion, LESSOR may terminate this
lease, and, if LESSEE does not immediately surrender possession of the Premises to LESSOR
following such termination, commence eviction proceeds iti Ramsey County Court to recover
possession of the Leased Premises from LESSEE.
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[25] Utilities. LESSOR shall provide basic urility services to the Leased Premises, including heat,
ventilation and air conditioning; electrical service; telephone equipment and service; and internet
connectivity. LESSOR shall provide such basic utility services at no additional cost to LESSEE
except that LESSEE shall pay LESSOR for telephone service and LESSEE is responsible for the
cost of internet service. For telephone service, LESSOR shall charge LESSEE the same rate the
Ramsey County Boazd of Gommissioners establishes and charges LESSOR for use of the
County's 266 exchange, cunently set at $22.75 per telephone per month. LESSOR shall bill
LESSEE monthly for telephone service, and, in the event the lease is terminated LESSEE shall
be responsible for phone service to the date of termination. LESSOR is not liable to LESSEE for
losses, costs or expenses LESSEE incurs as a result of any interruption in such utility services
unless the interruption results from LESSOR's intentional misconduct or negligence.
[26j Alterations. LESSEE will not make any alterations to the premises without the written consent
of LESSOR, such consent not to be unreasonably withheld. If 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 LESSEE at its own expense. All such work shall be performed
under LESSOR'S supervision and any improvements made to the Leased Premises at LESSEE'S
expense shall become the property of 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.
[27] Amended. Anything herein contained to the contrary not withstanding, this Lease may be
terminated, and the provisions of this L,ease may be, in writing, amended by mutual consent of
the parties hereto.
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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
City Clerk
Director of Technology & Management Services
Department Director
City Attorney (Form Approval)
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LESSEE: ST. PAUL
INTERVENTION PROJECT,
A MINNESOTA NON-
PROFTT CORPORATION
By: Shelley J. Cline
Its: Executive Directar
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