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D001825CITY OF SAINT PAUL OFFICE OF THE MAYOR • ) �LI�1 : ; IL►/ � • 1 • ADMINISTRATIVE ORDER, No: JJ a ol S'a_� Date: � ��--b t! Thatthe proper City officials aze hereby authorized and directed to enterinto agreements with various food, beverage and entertainment vendors to provide product and services of varying kinds forthe Mayor's Winter Carnival Reception at a cost not to exceed $20,000. Funding to cover the expenses of this event are to come from private individuals and/or corporations and are not to be paid from general fund dollars or other city funds. • APPROVED AS TO FORM ����� • Assis[ant City Attumey Date ��2/ G C1 DEPAFTMENT/OPFICE/COUNCIL DATEINITIATED GREEN SHEET NO. 10012$ Pasks and Recreation February 2, z000 �oot � as CONTACT PEfiSON AND PHONE INITIAL/DATE INITIAUDATE `laureen Watson 2666649 J\ � DEPARTMENT DIFECTOR QTV COUNQL NUMBER WR\ Z QTY A7TOFNEY � Z� G 4-CITY CLERK MUST BE ON COUNCIL AGENDA BY (DATE7 ROUTING ONDER 3FINANCIAL SERVICES DIP. ASAP MAYOR (OR ASSISTANf) _ TOTAL t OF SIGNATURE PAGES _(CLIP ALL LOCATtONS FOR SIGNANRE) ACTION REQUESTED: Signature on attached Administrative Order relating to Mayor's Winter Carnival Reception RECOMMENDATIONS: Approve (A) ar Reject IR) PERSONPL SERVICE CONTfiACTS MUST ANSWER TME FOLLOWING QUESTIONS: _PLANNING COMMISSION _CIVIL SERVICE GOMMISSION �, Has this person/tirm ever worked untler a conhact for this department? CB COMMITTEE _ YES NO {�. STAFF Z. Has this person/firm ever been a ciry empioyse? YES NO DISTRICT COUNCIL — — 3. Does this person/firm possess a skdi no[ normally possessed by any current a[y employee? SUPPORTS WHICH COUNQL O&IECTIVE? VES NO Explain all yes answen on separate sheat and attach [o green sheet. INITIATING PROBLEM, ISSUE, OPPORTUNITV (Who, What, When, Where, Why): Mayor hosts annual winter carnival reception where he invites mayors from all over the state of Minnesota. The reception will be held on Saturday, February 5, 2000 in the Lobby of Ecolab. All expenses will be paid for from funds ecifically raised for this event. ADVANTAGES IF APPROVED: We will be able to pay the invoices received for goods and services necessary for event. DISA�VANiAGES IF APPROVED: None hr .i ° �, DISADVANTAGES IF NOTAPPflOVED: ��� � 20 �� The event could not take place. ���_� � TAL AMOUNT OF TRANSACTION y COST/flEVENUE BUDGEfE� ICIRCLE ONEI YES NO FUNDING SOURCE V /o� � � � � �� �I � ACTIVfTY NUMBER FINANCIAL INFOBMATION: (EXPLAIN� ., {tmsl) Authority (C.F. or A.O.) � . LEASE Revised 10(1911999 FINANCE DEPT. LEASE NO. TMS18 DATE: October 19. 1999 LESSOR: CITY OF SAINT PAUL DEPARTMENT OF TECHNOLOGY & MANAGEMENT SERVICES LESSEE: HISTORY THEATER. INC. 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 Historv Theater hereinafter referred to as the "Leased Premises>" whose address is: 30 East 10'" Street. Saint Paul. Minnesota 55101. together with any fixtures, improvements and swctures, if any, located thereon. This lease covers only those parts of the premises shown on Exhibit "A" pages 1 through 4. [2] Term of Lease. This lease shall be in effect for a term commencing and ending cn the dates indicated below, unless terminated earlier by the LESSOR as provided herein. Term (MonthsiYears) 10 months Commencing Date November 1, 1999 Ending Date August 31, 2000 [3J Use of Premises. The LESSEE shall use and occupy the L.eased Prem3ses for theatrical productions, benefits and other activities surrounding theater production and for no other purpose without the prior written consent of LESSOR. The LESSEE shall have full use of the area colored red on Exhibit "A". The LESSEE may sign up on a daily basis to use those areas colored yellow on Exhibit "A", for which the LESSEE agrees to pay $0.02 a day per square foot. [4J Itent. Rent shall consist of Basic Rent 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 Yirst day of each payment period thereafter as indicated in the Payment Schedule below: Schedule � Total Basic Rent During Lease Term (Payment Period — $20,833.30 monthly Commencing Date November 1, 1999 — $ per Period) $2,083.33 1 � [5� Tases. LESSEE shall be responsibie for and pay all taxes and assessments a�ainst the L.eased Premises> except that LESSEE may at its own expense contest and challenge the imposition or amount of any such tas or assessment as prescribed by law; provided, however, that in the event this Lease is terminated by either party, LESSOR may at its option require the LESSEE to pay such contested taxes pending appeal, to place in escrow a sum sufficient to pay said taxes, or take other action that will remove said contested taaces as an encumbrance to title or as an exception to the uansferability of marketable tifle to the Leased Premises. [6} Riaht of Entrv. At all umes during the term of this lease, the LESSOR shall have the right, by itself, its agents and employees, to enter into and upon the I.eased Premises during reasonable business hours or, in the event of an emergency, at any time for any legitimate purpose. [7] Insurance. (A) LESSOR'S Insurance. The LESSOR shall acquire and keep in effect during the term of ttus agreement the following coverages: (J) FIF2E AND ALL RI5K INSURANCE, on the Leased Premises with limits of notless than full $2.000.000 shall be purchased by the LESSOR; the LESSEE shall pay, as Additional Rent, the premium for said insurance and, in the event of a claim, any deductible. Said insurance shall name the City of Saint Paul as the insured. With • respect to any loss of the LESSOR'S property not covered by insurance, it shall be the responsibility of the LESSEE, within a reasonable time, to pay all costs to repair or replace the damaged property with like kind, such reasonable time to be determined by the LESSOR. LESSEE shall be responsible for insurance of its own property. (B) LESSEE'S Insurance. The LESSEE shall acquire 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 LLABILTI'1' INSURANCE including blanket contractual liability coverage, personal injury liability coverage and broad form property damage liability endorsement with a combined single limit of not less than $750,000 per occunence shall be purchased by the LESSEE. Such insurance shall: (a) name the City of 3aint Paul as additional insured; (b) be primary with respect to LESSOR'S insurance or self-insurance; (c) not exclude expiosion, collapse and underground property damage; (d) be written on an"Occurrence" Form policy basis; and (e) not contain an"aggregate" policy limit unless specifically approved in writing by LESSOR. (3) AUTOMOBILE LIABILITX INSURANCE with minimum limits of $750,000 combined single limit and $1,000,000 aggregate, covering hired, non-owned and . owned automobiles. � (4) WORKE.RS'COMPENSATIONINSI7Rt1NCEwithnotlessthanstatutoryminunum limits; and EMPLOYERS' LIABILITY INSURANCE with minimum limits of at least $100,000 per accident and with an all states endorsement. (5) The I,ESSEE 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 covera�e. (6) The limits cited under each insurance requirement above establish minimums; and it is the sole responsibility of the LESSEE to purchase and maintain additional insurance that may be necessary in relation to this lease. (7) Nothin� 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 licansed 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 pazagraph (7) 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) W aiver of SubroEation. 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 oY subrogation for damage to property in the Leased Premises, loss of use ihereof, 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 of this paragraph; and, if either cannot waive its subrogation rights, such party shall immediately notify the other party, in writing. (8] Cancellation or Termination. This lease shall be subject to cancellation and termination by LESSOR at any time during the term hereof by givin� the LESSEE notice in writin� at ninety (90) days, (thirty (30) days for leases with a term of one (1) year or less or any month-to-month tenancies) 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 uneamed rental paid by the LESSEE without interest. [9] Notice. All notices herein provided to be given, or ihat 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 wriung and deposited in the United States Mail, certitied and postage prepaid, and addressed to the LESSEE at the address stated on page (1) and to the LESSOR at the Real Estate Division, i44 . City Hall, Saint Paul, Minnesota 55102. The address to which the notice shall be mailed may be changed by written nouce given by either party to the other. Nothing herein shall preclude the giving of such address change notice by personal service. s [10] Assignment and Sublettin� LESSEE shall not assign or sublet this Lzase without the written consent of the LESSOR, which consent must be obtained prior to the execution of any a�reement to sublease the Leased Premises. [l l] Maintenance and Reuairs. LESSOR shall, at its own cost and expense, be responsible for all repairs, maintenance and upkeep of the Leased Premises, including but not limited to emergency repairs of any kind; janitorial services on a schedule to be agreed upon at a later date; routine maintenance and repair to keep the Leased Premises in good repair, safe and in compliance with applicable fire, health, building and otherlife-safety codes; and all repairs and maintenance needed to keep the buildings or structures on the I.eased Premises in good condition, including (a) the exterior (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. [12] 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, � or to recover possession of said property, whether such action progresses to judgment or not. [13] Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner termination of this lease, shall quit peacefuliy and surrender possession of said propeny and its appurtenances to LESSOR in as good order and condition as the property was delivered to the L.ESSEE. [14] Indemnitv. The LESSEE agrees to indemnify, defend, save and hold harmless the City of Saint Paul and any agents, officers and employees thereoT from all claims, demands, actions or causes of action of whatsoever nature or chuacter, 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 of the operations or business activities taking place on the L.eased Premises. It is fuily understood and agreed that LESSEE is aware of the conditions of the Leased Premises and leases the same "as is." [15] 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 c�nditions of this Lease shall be applicable. [16] Pollution and Contaminants. LES5EE agrees to comply with all ordinances, laws, rules and � regulations enacted by any governmental body or a�ency relating to the control, abatement or emission of air and water contaminants and the dispos�l of refuse, solid wastes or liquid wastes. • LESSEE shall beaz 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, in- cluding without limitation, fines, forfeitures, and penalties arising from the failure by LESSEE to comply with such ordinances, laws, rules or regulations. LESSOR has the ri�ht to perform cleanup and chazge the LESSEE as Additional Rent for such costs should the LESSEE faii to comply. [17] ControllingLease.Intheeventthereisanypriore�stingleaseorrentalagreementbetweenLESSEE and L,ESSOR (or its predecessor in interest) coverin� the subject property, it is agreed and understood that this L,ease shali cancel and terminate �ny prior leases or rental agreements as of the effective date of this lease. [18] Destruction. In the event of damage to or destruction of the Leased Premises or in the event the premises becomes untenantabie or unfit for occupancy due to such dama�e during the term of this Lease, LESSOR may at its option: (A) terminate the lease upon fifteen (15) days' written notice to LESSEE; or (B) within YiBeen (15) days agree to restore the premises within a reasonable time period following the casualty, chazging the costs in excess of the insurance proceeds, if any, to the LESSEE as Additional Rent; or (C) may direct that LESSEE prompfly restore the Leased Premises to substantially the condition • existing immediately prior to such damage or destruction, and for that purpose, if such dam- age or destruction was caused by perils insured against the LESSOR shali make available to LESSEE pro-rata, as work progresses, the net proceeds of such insurance. If such proceeds are insufficient to pay the entire cost thereof, LESSEE agrees to pay as Additionai Rent, a lump sum payment (or in a form agreed upon by the LESSOR) equal to the remainder of such cost. The Basic Rents to be paid during the restoration period shall be abated in proportion to the percentage of loss and impairment of the use of the L.eased Premises as determined by the LESSOR, times the number of days of loss or impairment. [19] Events of Default The occurrence of any of the following events during the ternn of this Lease shaii constitute an event of default by the LESSEE: (A) the filing of a petition to have LESSEE adjudicated bankrupt or a petition for reorganization or arrangement under any laws of the United States relating to bankruptcy filed by LESSEE; (B) in the event a petition to have LESSEE adjudicated bankrupt is filed against LESSEE, the failure to dismiss such petition within ninety (90) days from the date of such filing; (C) the assets of LESSEB or of the business conducted by LESSEE on the Leased Premises be assamed by any trustee or other person pursuant to any judicial proceedings; (D) LESSEE makes any assignment for the benefit of creditors; • � (E) the failure by LESSEE to timely pay Basic Rent or Additional Rent as required by this L.ease; (F) the failure by LESSEE to observe and perform any covenant, condation or agreement on its part to be observed or performed as required by this Lease; or (G) 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. It is an express covenant and agreement of LESSOR and LESSEE that LESSOR may, at its election, terminate this Lease in the event of the occurrence of any of the events described in this paragraph or in paragraph (22) relating to liens by giving not less than ten days' written notice to LESSEE; and when so terminated, LESSOR may reenter the L.eased Premises. This Lease and its I.eased Premises shall not be treated as an asset of LESSEE'S estate. It is further expressiy understood and agreed that LESSOR shall be entided upon such reentry, notwithstanding any other provision oF this Lease, to exercise such rights and remedies as are provided in Pazagraph (24) of this Lease. [20] Compliance 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 affectin� 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 wiil not relieve the LESSEE of the obligation to pay the rental provided herein. [21] 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 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 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 the LESSEE shall use the premises in compliance with all other requirements imposed pursuant to the Saint Paul Legislauve Code Chapter 183. • . [22] Liens. The LFSSEE shall not permit mechanic's liens or other liens to be �led or established or to remain against the Leased Premises for labor, materials or services furnished in connection with any additions, modifications, improvements, repairs, renewals or replacements made to the Leased Premises, or for any other reason; provided that if the I,ESSEE shall fust notify the LESSOR of its intention to do so and shall deposit in escrow with the LESSOR a sum of money or a bond or inevocable letter of credit acceptable to the LESSOR equal to the amount of the claim of lien, LESSEE may in good faith contest any such claims or mechanic's or other liens filed or established and in such event may permit the items contested to remain undischarged and unsatisfied during the period of such contest. If, in the opinion of the LESSOR, the nonpayment of any such items subjects the Leased Premises to any loss or forfeiture, the LESSOR may require the LESSEE to use the escrow account to promptly pay all such unpaid items and if LESSEE fails to pay from the escrow account, the LESSOR may pay and charge the LESSEE as Additional Rent. [23] Eminent Domain. In the event the entire I.eased Premises are taken by eminent domain, or such portion thereof is so taken that in LESSEE'S reasonable judgement it is uneconomic thereafter to restore the L,eased Premises and proceed under the terms and provisions of this I.ease, LESSEE may terminate this Lease by giving to LESSOR thirty days' written notice of termination, effective as of the date on which the condemning authority acquires legal tide or physical possession of the I.eased Premises. LESSEE hereby waives and releases any claim to or shaze in the Award of Compensation for the taking, notwithstanding any other provision of law, this 1_.ease or any other agreement_ LESSEE may to the extent othenvise 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 thls Lease, LESSOR may exercise any one or more of the following remedies: (A) reenter and take possession of the Premises without termination of this L.ease, and use iu best efforts to ease the Premises to or enter into an a�reement with another person for the account of LESSEE; (B) terminate this lease, exclude LESSEE f'rom possession of the Premises and use its best efforts to lease the Premises to or enter into an agreement with another in accordance with applicable law; (C) exciude LESSEE Y'rom possession of the Premises, with or without terminating this L.ease and operate the Premises itself; (D) terminate the I.ease, exclude LESSEE from possession of the Leased Premises, sell all or any pazt 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, shall determine and apply the proceeds of such sale less any expenses thereof for the account of the LESSEE. (E) exercise any remedies available to it under the Minnesota Uniform Commercial Code; • • (F) 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 perform- ance and observance of any obligation, aQreement or covenant of the LESSEE under this L,ease. (G) in exercising any of its remedies set forth in this Section, the LESSOR may, whether or not the L.ease is then in effect, hold the LESSEE liable for the difference between the paymenu 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 L.ease 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 entide 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. [25] Default of Payment. LESSEE agrees that, should it default on any payment owing and due to be paid to LESSOR as provided in this agreement, including but not limited to Basic Rent and Additional Rent, then the remaining unpaid balance shall, at the option of the LESSOR, immediately become due. Said LESSBE further agrees that the LESSOR may, at its option and without notice to LESSEE, • enter judgment against LESSEE in Ramsey County District Court for the amount of che unpaid balance. And LESSEE does hereby confess judgment in the amount of the unpaid balance due upon default, and does authorize the LESSOR to enter judgment as provided above. LESSEE does hereby agree that the LESSOR, at its option, may enter a judgment, at any time within one year of the time the last payment shali have come due, for the full amount of the unpaid balance due pursuant to the confession of judgment provided herein. (26} A4terations. 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 LESSQR at the end of the L.ease 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 buildin� systems oY 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. r� L • Mayor N/A IN WITNFSS WHEREOF, the parties hereto have set their hands and seals the day and year in this Izase fust above-written. 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