09-432Suspension 4/15/09
Return copy to:
OFS — Real Estate
1000 CHA
Council File # 09-432
Green Sheet # 3069020
CITY
Presented by
OLUTION
-PAUL, MINNESOTA
1 WHEREAS, the Saint Paul Police Deparhnent desires to increase its presence and services in the
2 West Seventh Street neighborhood; and
4
10
11
12
13
14
15
16
17
18
19
20
WHEREAS, Sibley Plaza Limited Partners has generously offered to lease 1,020 square feet of
space at Sibley Plaza, 2423 West Seventh Street, far use as a Police Department sub-station for a
one-year term and renewable thereafter on a month to month basis in the sum of $1.00 per
annum; and
WHEREAS, the Police Deparhnent and Sibley Plaza Limited Partners have negotiated the
attached Lease Agreement (Real Estate Lease file number PD/46) the terms and conditions of
which have been reviewed by the City's Real Estate Division and the City Attorney's Office; and
WHEREAS, the said Lease Agreement, at paragraph 12, contains a standard real estate cross
indemnity clause; NOW, TAEREFORE,
BE IT RESOLVED, that the Council of the City of Saint Paul, apprised of the indemnity clause
in the Lease Agreement under Real Estate file number PD/46, hereby authorizes the proper City
officials to execute the said lease agreement for the Sibley Plaza Police Department sub-station.
Requested by Department oE
21
Adoprion Certified by Council Secretary
B • '
Approved b D te Z�
By: %
by City Attomey
Form A' p oved b or fo b�ssion to Council
By:
Adopted by Council: Date hl��'��G�
Saint Paul Police Department
�
_t
� .�-;
09-432 '�—`�'�
� Green Sheet Green Sheet Green Sheet Green Sheef Green Sheet Green Sheet �
Departm�HO8teelcouneil: Daie IntY�ed �
FS – Financiaf Serv�ces 2fr ,,�, R _� �Green Shee# N�: 3069020
Contaci Person & Phone- Deoartm�ex�E - � Sent7o Ferson 1nffialltlate
Dave:vetson _ � n man<islSe.�Vi�'es- �—�
� I oticeD er�ent De eatD'uector �—
A5+,9R 2 ptlern � I "' i „ � 1
Must Be on Cowuil /�qenda by (Date): Num6er 3 fa or's Office Ma adAssistant
- t5-AFR-03 � a nncu 0
Routing
p T� RESOLU'fION Order 5 ' Cierk ' Cierk .
E-DOCUment Required: Y
OocumeM Contact•
CoMaet Phone:
7otal, # W SignaWre Pages (ClipAll i.ocations forSignature)
Action Requested: �
CONSINT AGENDA. Approve lease PD/46 foi Police Departrnent for sub @ 2423 West Seventh 5t
Recommendations: Approve (A) or Reject {R): personat Service Contraefs MustAnsvrerfhe Follnwing Questions:
Poanning Commission t_ Has this personffirm ever worked under a contract for tivs deparhnent?
CIB CommiUee Yes No
Civl Service Commission 2. Has this persoNfirm ever been a ciry employee?
Yes No
3. Does this persoNfirm possess a skill not normalEy possessed by any
curteni city employee?
Yes No
Erzplain alt yes answers on separate sheet and aHach to green sheet.
Initiating Pro63em, issues, Opportunity (Who, Whak When, Where, Why}:
The Police Qept has been offered a store front in Sibley Plaza 2423 W. 7th for the term of 1 year than monEh to morrth fhere after for
$1. Also Sibley Manor Apartmenu has entered into a seperate agreement with Paster Enterprises to pay the ntilites for tLis space.
AdvanfagesffApproved: ��� ' a���
Neighborhood will benefit from police presence within the neighborhood. �
30
Disativantages Ff Approved:
None foreseen_
� � ^ Y_ �
�
Disadvaniages If Not Approved:
Poiice presence would not be as visible
Total Amount of
� Trensactton: $3.00 CosVRevenueBudgefed:
Funding Source: ActivRy Number.
F€naneial IMOrmation:
, (Explain)
March 26, 2609 4:00 PM Page 1
09-432
GS 3069020
LEA5E AGREEMENT
�
T'HLS �.EASE ("Lease") is made and emered into as of the� day of
i'� q � C� , 2009, by and between the City of Saint Paul on behalf of the Saint
Faul Police Department ("Lessee"} and Sbley Plaza Limited Partners (Lessor).
For and in consideraiion of One Dollaz ($1.00) the mutual covenants herein contained,
and other good and valuable wnsideration, the receipt and sufficiency of wluch are
hereby acknowledged and confessed, Lessor and Lessee hereby agree as follows:
1. Parties: Lessee, City of Saint Paul on behalf of the Saint Paul Police
Department, a Minnesota municipal corporarion, and L.essor, Sibley Plaza
Limited Paztners, a Minnesota limited partnership
2. Premises: Lessor leases to Lessee approximately 1,020 square feet of
commerciaUretail space in Sibley Plaza located at 2423 West 7`� Street, City
of Saint Paul, County of Ramsey, State of Minnesota (the "Premises").
3. Term: Premises aze rented for one (1) year commencing > ,
2009 and expiring _Februarv 28 , 20�. This Lease shall automarically '
renew at the end of the Term on a month to month tenancy on the satne terms —
and condirions as currently provided for herein. This month to month tenancy �
may be canceled by either parry giving to the other a sixty {60) day written
notice to cancel the Lease. The Lease sha11 then terminate on the sixtieth
(60�} day following the month in which said norice was given (
4. Condition af the Premises: The Premises are leased in and "as is" condition.
5. RentaG Rental for this term or any renewal term is One Dollaz ($1.00) per
annum and other good and valuable consideration.
6. l7tilities: Lessor will allow Lessee to hook up to water, gas and electricity for
Lessee's use durmg the term of this Agreement. Utility chazges shall be the
responsibility of the Lessor for cost for electriq gas, water, sanitary sewer or
any common area shopping center expenses and telephone.
7. Signs and AdveRising: Lessee shall use only signs professionally prepazed '
by a sign contractor. Lessee shall not piace any signs on the exterior of the �
building without I.essor's prior written approval of the Lessee's sign drawings
and specifications which shall identify the method of installarion of said signs.
Lessee shall use as its advertised business address on all printed matter and
media advertising the words "Sibley Plaza" when referring to the Premises i
location. I,essee agrees that the name "Sibley Plaza" shall not be used in any �
'r
09-432
confusing, defrimental ar misleading manner, and upon termination of this
Lease, Lessee will cease to use the name "Sibley Plaza" in any manner.
S. Public Liabitity Insurance: Prior to entry into the Premises, baginning of any ,
work, or piacement of Lessee's merchandise or fixtures, and during the teim
oftlus Lease, Lessee shall keep in full force and effect, at its eacpense, a policy
of Pubiic Liability Insurance with respect to the Premises and the business of
Lessee and any approved sub-I.essee, licensee, or concessionaire, with
compames licensed to do business in Minnesota in which both Lessee and ;
Lessor and any person, firm or corporation designated by Lessor shall be �
adequately covered under reasonable limits of liability of not less than:
$1,000,000 for injury or death to any one person, $1,000,000 for injury or
death to more than one person, and $1,000,000 with respect to damage to '
properry. Lessee shall fiunish Lessor with certificates ar other evidence �
acceptable to Lessor that such insurance is in effect wtuch evidence shatl
state that Lessor shall be notified (30) days prior to cancellation, material ;-
change, or renewal of said insurauce. Lessor shall in lieu of a Public Liability j
Insurance Policy a Letter form the City of Saint Paul stating that the City is s
Self Insured under the laws of the State of Minnesota. ,
9. Permitted Use: The Premises shall be used by Lessee solely for a satellite
police office; police training; meeting center for police and/or other city
officials and for no other purpose whatsoever. Lessor recognizes that
Lessee's use of the premise will be only occasional and temporary.
I0. Designated Parking Space: Lessar shall install a"St. Paul Police Only"
pazking sign in front of the Premises as shown on Exhibit A attached hereto.
Il. Care of the Premises: Lessee shall (a) keep the inside and outside of all glass �
in the doors and windows of the Premises clean; tb) keep all �terior `
sWrefront surfaces of the Premises clean; (c) replace promptiy at its expense
any cracked or broken glass on the Premises that was not broken or craeked
upon Lessee's occupaney with glass of l�ce kind and qualiry; (d} maintain the
Premises at its e�cpense in a clean, orderly and sanitary condirion and free af '
insects, rodents, vermin and other pests; (e) keep any refuse removed at its '
expense on a regulaz basis and temporarily stored in the Premises in `-
accordance with local codes: ( fl comply with all laws, ordinances, rules and
regulafions of goveinmental authorities; and (g) upon vacarion of Premises
Lessee shall leave the Premises with the front windows washed, the tile floor
mopped aud washed; (h) Lessee wili not without the written consent of Lessor
place or maintain any merchandise on the sidewalks adjacent thereto or
elsewhere on the exterior of the Premises or common facilities; use or permit
the use of any loud speakers, public address system with the Shopping Center ''
which is in any manner audible outside the Premises; permit undue
accumulations of rubbish or other refuse within or without the Premises; cause
or permit odors to emanate from the Premises; attach bIlls or other adverrising
i
i
i
09-432
matter ta the public outside the Premises in or upan any vehicles pazking in
the pazldng azeas or in the comman areas; pexmit the pazlang of delivery
vehicles so as to interfere with the use of any drivecvay, walk, parking area,
mall or other common area in the Shopping Center; or receive or ship articles
of any kind except throngh the service facilities designated by Lessor; (i) shall
nat store any articles on the Premises that wauld create a fire hazard or
conduct any business therein that shall increase the costs of Lessor's fire and
liability insurance to the Premises; (k) Lessee will not do or suffer to be done
or keep or suffer to be kept, use, or about the premises or the shopping center. -
If that event does occur, Lessee shall be required to clean up any such
substance brought on to or about the premises or the shopping center in
violation of the provision. Lessee shall indemnify Lessor in the event of such
a breach which indemnification shall survive the temunafion of this lease. In
addition to any other remedies available to Lessor, Lessee sha11 immediately
be in default and at Lessor's option the term of this lease may cease and
terminate immediately without relieving Lessee of its monetary obligations -
hereunder.
12. Indemnity: Lessee. Lessee will indemnify Lessor and save it harmless from
and against any and all claims, acrions, damages, liability and expense in
connection with loss of life and{or personal injury or property damage arising
from or out of the occupancy or use by Lessee of the Premises; or
maintenance or dischazge of any hazazdous substance or poltutant or
contaminant in, upon or about the Premises or the Shopping Center, or
occasioned wholly or in part by any negligent act or owission of Lessee, its
o£ficers, agents, contractors or employees. Nat withstanding the fore going,
Lessee does not waive any defense ar limit on liability it may have under
Minnesota Statutes Chapter 466.
Lessor. Lessor will indemnify Lessee and save it harmless from and against
any and all claims, actions, damages, liability and expense in connection with
loss of life and(or personal injury or property damage arising from or out of
the occupancy or use by Lessor of the Premises or the Shopping Center
occasianed wholly or in part by any negligent act or omission of Lessor, its
officers, agents, contractors oc employees.
13. Non-Liabi/ity: Lessor shall not be responsible or liable to Lessee for any loss
or damage Uaat may be occasioned by or through the acts or omissions of
persons occupying adjoining premises or any part of the Premises adjacent to
or connected with the Premises or any part of the building of which the
Premises are a part, or any persons trausacting any business in the Shapping
Center or present m the Shopping Center for any other purpose, or for any loss
or damage resulting to I.essee or its property from burst stopped or lealdng
water, gas, sewer, sprinkla or steam pipes or plumbing fixtures ar from any
failure or defect in any eleclric line, circuit or facility.
09-432
14. Inspection: Lessee will permit Lessor, its agents, employees and contractors
to enter all parts of the Premises to inspect the same and to enforce or carry
out aay provision of this Lease at reasonahle times and upon prior reasonable
notice to I,essee.
15. Applicahte Law: This Lease shall be construed under the laws of the State of
Minnesota. If any provision of this Lease, or portion thereof, or the
application thereof to any person or circumstances shall, to any extent, be
invalid or unenforceable, the remainder of this Lease shall not be affected
thereby and each pmvision of this Lease shali be valid and enforceable to the
fuilest elctent permitted by law.
16. Notices: Any norice desired or required to be given under this Rental
Agreement shall be sent postage paid, registered or certified mail, return
receipt requested as to Lessor. In addition, rental payments and retum of keys
shall be to the following address:
As to the Lessor:
As to the Lessee:
Sibley Plaza L'united Pariners
c% Paster Enterprises
2227 University Avenue
St. Paul, MN 55l 14
Chief John Hazrington
St. Paul Police Department
367 Grove Street
Saint Paul, MN 55101
18. Surrender of the Premises: This Rental Agreement shall terminate at the
end of the original term hereof or in any extensions thereof, without the
necessity of any notice from either Lessor or Lessee to terminate the same and
Lessee hereby waives notice to vacate the Premises and agrees that Lessor
shall be entitled to the benefit of all provisions of law respecting the summary
iecovery of possession of Premises from a Lessee holding over tA the same
extent as if statutory notice has been given.
19. Interest of Members of City: No member of the governing body, office,
employee, or agent of the City shall have any interes� financial or otherwise,
direct or indirect, in the Lease.
20. Equal Opportunity State�nent: Lessor agrees to comply with the provisions
of all applicable federal, state, and City statutes, ordinances, regulations and
policies pertaining to civil rights and nondiscrimination including without
09-432
limitation Minnesota Statutes, Section 181.59, incorporated herein by
reference.
21. Transfer oflnterest: I,essor shall not assign aay interest in the Lease, aad
shall not transfer any interest in the s�e either by assignment or novation,
without prior written notice to the City; provided however, that claims for
maney due or to income due to Lessar may be assigned to a bank, trust
company, or other financial institution, or to a Trustee in Bankruptcy without
such approval. Notice of any such assignment or transfer shall be furnished to
the City. Lessee shall not assign aay interest in this Lease.
22. Disclosure: I.essor agrees to comply with the Minnesota Government Data
Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state
and federal laws relating to data privacy or confidentialiry.
IN WITNESS WHEREOF, Lessee and I,essor have executed this Agreement as
of the date first wriiten above.
CITY OF SAINT PAUL
(Lessee)
N/A
Its: Mayor
1V!
B:
Its: City Clerk �
By: `
Its: D' �tor of Financial Services
i
By:
Its: Police Chief
09-432
By:
Its: City Attorney Office
SIBLEY PLAZA LIMTED PARTTIERS
(Lessor)
/ I � �
L - �1� � ,� i;.
. � /
.�. �� �_
�
!; `
f:�
�
z` :.
�
_�� �<
o.' _ c c a� � o�n
r . v u _ *� .n .'._ n ��
r '" " V
jd
U
�
'R
: �^
. � _ Q
> =- �
�< 4_
��. Yy�L � .. �
7: � `+ Z �
� �. � r �
_ � �" ;
�.� �
z > L?
�,�:z � �-�_� a x � .��x
- � r Y.a = ��'r
...�_c` x �, a� R � .. . _�
09-432
GS 3069020
j.�•� ���
�;_, . � �
ADDENDUM
Whereas Sibiey Plaza Limited Partners (I.assor) and City of Saint Paul (I.essee}
have entered into a I.ease Agreement dated February a'��'`, 2Q09 for storefront space
located at 253I West 7�` Street, Saint Pau1, MN 55116,
And, whereas Sibley Manor Apazments 1�as agreed to take responsibility for the
Gas and Electric costs associated with that location for the initial term of said I.ease,
Therefore, Sibley Manor Apartments hereby unconditionally agrees and accepts
fixll responsibility of the gas and eleciric charges for 2531 West 7 Sh effective as of
the I.ease Commencement Date and will remain so until the eazlier of the end of the
initial Leasa Term of one year or upon Teimivation of said Lease with written 60 day
notice.
IN WITNESS WHEREOF, Sibley Plaza Limited Partnezs and Sibley Manoz
Apartments have caused this Agreement to be duly executed as of this �� day of
February,2d09.
SBL�Y PLALA LIIvITED PARTNERS
(i,essor)
/ I
L = �L� %' � i � ���1 ti,
. � � . '
SIBLEY MANOR APARTMENTS
(Lessor)
� t
�t��Rl►;r����
� �
.
09-432
STATE OF MINNESOTA
COi.TNT`Y OF
}
} ss.
)
On this ��day of Febmary, 2004, before me, a Notary Public, personaily
appeared Edwazd J. Pastet, to me personally l�own, who being by me duly swom, did
say that he is the Managing Partner of Sibley Plaza Limited Pariners, the limited
pazntership nawed in the foregomg mstrument and that said instrument was signed on
behalf of the said company by authority of Edward 7. Paster aclmowledged said
in.c trument to be the free act and deed of said company.
�, .�
s ,
,;� `;;;:�j
�s'
STATE OF MINNESOTA )
) ss.
COT JNTY OF �synra��ta n )
/T :
!i :�l�: �%�yi
On this 25�'" day of Febmary, 2009, before me, a Notary Public, personaUy
appeazed �n12 rt y ,� ��� , representative, to me personally l�own,
who being by me duly swom, did say tlaat he/she is the Person described in and who
executed the foregoing instrument and acknowledged that he/she executed said
instrument as hishier own free act and deed.
_. � ,�..�
?�