D001889CITY OF SAINT PAUL
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OFFICE OF THE MAYOR
ADMINISTRATIVE ORDER
ADNIINISTRATIVE ORDER,
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Date• �a
BE IT HEREBY ORDERED, that the proper City officials aze authorized and directed to enter into a six
month agreement with the Charter School Building Corporation to provide 4,500 square feet of space in the
Arts and Science Center of Minnesota, at 30 East lOth Street, for the storage of work stauons at a monthly
rent of $675.00.
APPROVED AS TO FORM
!,�/1.1�,,,�--, SIl6 vv
Assistant City Attomey
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Date
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Department Head ��
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Administrauve Assistant to Mayo '
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.M.S./REAL ESTATE DIVISION Date: May 5, 2000 reen heet Number: 104681
onfact Peison and Phone Nomber: 2 EP6BTMF.N �� ,� CITY COi1NCII,
ave Nelson � uj6-ggSQ 1 ATTORi�/1 � (:/,ERI(
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UDGETDIRECTOR FFiCEOFFfNANCfALSVCS
astbeonCo�cOAgendaby: 3 YOR(ORASSISTANT) FSTATEDIVISION
OTAL # OF SIGNATURE PAGES 1<cLSaLtLOCnTTOxsFOxsrcxn�>
crroxx�vNS�rm:
To approve Lease Agreement TMS/12 to provide 4,500 squaze feet of space in the Arts &
Science Center to the Charter School Building Corporation for storage of work stations.
Ref: 1. Administrative Order for approval; 2. Sample copy of Lease Agreement TMS/12.
COMMR[IDATIONS: APPROVE (A) OR RFJECT (R) ERSONAL SIIiVICE CONTRACTS MiTST ANSWCR THE FOLLOWING:
. Has the person/Srm ever worked �mder a conhad for tlus deparNient? YES NO
PL9NNINGCOMMLSSWN A STAF£
Has tlds perso�Srm everbeen a City employee? YES NO
CIVIL SERVICE COMMISS WN
. Doesthisperson/Srmpossessaskillnotaormallypossessedbyany YF.S NO
CIB COMMIITEE current City employee?
E lain all YES answers on a se te sheet and attach.
UPPORTS WHICH COUNCIL
BJECTIVE?
OUNCII, WARD(S) 2 DLSTRICT PLANIVING COUNCIL 17
TIATiNG PROBLElYI� ISSi7E� OPPORTONITY (Who� What, When� Where, Why?):
The Charter School Building Corporation approached the CSty with a proposal to rent space.
VANTAGES IF APPROVED:
The Charter School Building Corporation will have storage space; the City will receive rent
ISADVANTAGES IFAPPROVID:
None
ISADVANTAGES IF NOT APPROVED:
The Charter School Building Corporation will have to �ind space elsewhere; the City will receive
no rent
OTAL AMOT]NT OF TRANSACTION: ��[(� COST/ACVENUE BUDGETID (CIRCLE ONE) YES NO
mre so�cE: N/A acTivizY ��� ����� N/A
nrrcinL m�o�uvrnTTON: (�srLai� ���( 1 � 2000
Rent will be $675.00 per month for six months. ��y'!t R��d'�� ��
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(tms12)
Revised . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . April 19 2000
Authority (C.F. or A.O.)
LEASE NO.
FINANCE DEPT. LEASE NO. 1'MS/12
DATE: April 30. 2000
LESSOR: CITY OF SAINT PAUL
DEPT. OF TECHNOLOGY & MANAGEMENT SERVICES
LESSEE: CHARTER SCHOOL BUII,DING CORPORATION
Arts & Science Center of Minnesota - 30 East 10`" Sueet - St. Paul. Minnesota
[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 L,ESSEE the premises hereinafter referred to as
the "Leased Premises whose address is:
and which is more particulaziy described as:
4,500 s.f. of space in the upper level center in the south half of the building
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[2]
[3]
See Exhibit "A', pian or map of leased area which is incorporated herein by this reference.
Term of Lease. This lease shall be in effect for a term commencing and ending on the dates
indicated below, unless terminated earlier by the LESSOR as provided herein.
Term
(Months/Years)
six months
Commencing Date
March 1, 2000
CITY OF SAINT PAUL
STANDARD LEASE
AGREEMENT
Ending Date
August 31, 2000
Use of Premises. The LESSEE shall use and occupythe I.eased Premises forthe following purpose:
stora�e space for work stations
and for no other purpose without the prior written consent of LESSOR.
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[4]
Rent. LESSEE shall pay all rent in advance, on the first day of the tercn of the lease and on the fust
day of each payment period thereafter as indicated in the Payment Schedule below:
Schedule
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(A) LESSEE'S Insurance. The LESSEE shall acquire during the term of this lease the following
coverage:
(1) The LESSEE shail be responsible far the self insurance of, or the acquisition of
Commercial Property Insurance on, its personal property.
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Total Basic Rent
During Lease Term (Payment Period — Commencing Date —$ per Period)
$4, 050.00 monthly Mazch 1, 2000 $675.00
LESSEE shall make all payments of Basic Rent to LESSOR at the following address:
Colliers Towle Realtv - 17 West Exchange Sueet - St. Paul. Minnesota 55102
The applicable account number for Ciry Finance Accounting Code is:
Ali Rent shall be payable on the date certain provided herein, or — if no date certain is provided —
within 30 days of the billing date. The Lessor shall chazge interest of 1.5% per month on any Rent
remaining unpaid beyond the due date as here provided.
[5] Tases. In the event real estate taYes or assessments are levied againstthe Leased Premises, LESSEE
sha11 be responsible for and pay all taaces and assessments, except that LESSEE may at its own
expense contest and challenge the imposition or amount of any such taac ar assessment as prescribed
by law; provided that, should this I.ease is terminated by either party, LESSOR may at its option
require the LESSEE to pay such contested ta�ces pending appeal, to place in escrow a sum sufficient
to pay said ta�ces or to take other action that wiil remove said contested taaces as an encumbrance to
utle or as an exception to the transferability of marketable ufle to the Leased Premises.
[6] Right of Entry. At a11 times during the term of this lease, the I,ESSOR shali 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.
[7] Insurance.
(2) COMMERCIAL GENERAL LIABILTTI' INSURANCE inciuding blanket
contractual liability coverage, personal injury liability coverage and .�road form
property damage liability endorsement with a combined single limit of not less than
$1,OOQ000 per occurrence shall be purchased by the LESSEE. Such insurance shall:
(a) name the City of Saint Paul as additional insured; (b) be primary with respect to
LESSOR'S insurance or self-insurance; (c) not exclude explosion, collapse and
underground propeny damage; (d) be written on an"Occunence" Form policy basis;
and (e) not contain an "aggregate" policy limit unless specifically approved in writing
by LESSOR.
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(3) AUTOMOBII.E LIABIL.TTY INSURANCE with minitnum limits of $1,000,000
combined single limit and $1,000,000 aggregate, covering hired, non-owned and
owned automobiles.
• (4) WORKERS'COMPENSA'ITONINSURANCEwithnotlessthanstamtoryminimum
limits; and EMPIAYERS' LIABII.ITY INSURANCE with minimum limits of at
least $500,000 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 enors and omissions insurance coverage.
(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 relauon to this lease.
(7) Nothing in this contract shall constitute a waiver by the LESSOR of any statutory
limits or excepuons on liabiliry.
(8) 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 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.
(B) Waiver of Subrogauon. 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
Leased Premises, loss of use thereof, loss of income and/or accounts receivable, up to the
amount of their respecuve insurance proceeds collected. The parties shall notify their
respective insurance companies, in wriung, of the provisions of this paragraph; and, if either
cannot waive its subrogadon rights, such party shall immediately notify the other party, in
writing.
[8] Canceliation or Termination. This lease shall be subject to cancellation and termination by
LESSOR at any time during the term hereof by giving the LESSEE notice in wriung 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 effecuve. 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_
[9] Nofice. 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 personaily on LESSOR or LESSEE, or when
made in writing and deposited in the United States Mail, certified and postage prepaid, and addressed
� to the L.ESSEE at the address stated on page (1) and to the LESSOR at the Real Estate Division,140
City Hall, 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 shail preclude the giving
of such address change notice by personal service.
(10] Assi�nment and Subletting, LESSEE shall not assign or sublet this Lease without the written
consent of the LESSOR, which consent must be obtained prior to the execuuon of any agreement
• to sublease the Leased Premises.
[ll] Maintenance and Repairs. I.ESSOR shall, at its own cost and expense, be responsible for all
repairs maintenance and upkeep of the I.eased Premises, including but not limited to emergency
repairs of any kind; routine maintenance and repair to keep the L.eased Premises in good repair, safe
and in compliance with appiicable fue, health, building and other life-safety codes; and all repairs
and maintenance needed to keep the buildings or structures on the Lzased Premises in good con-
dition, including (a) the exterior (including windows and doors) and interior suucture of the
buildings or structures, (b) the roof or roofs, (c) the heaung, ventilating and air conditioning systems
therein, (d) all electrical, plumbing, lighting, mechanical systems, fue suppression equipment, i.e.
fire sprinkler system; and (e) all grounds, fences and roads within the I.eased Premises.
[12] Pavments in Case of Default LESSEE shall pay LE5SOR 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,
ar to recover possession of said properiy, 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 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.
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[ 14] Indemnitv. The LESSEE agrees to indemnify, defend, save and hold harmless the City of Saint Paul
and any agents, officers and employees thereof from ali claims, demands, actions or causes of action
of whatsoever nature or character, arising out of or by reason of the I.ease of the herein described
L.eased Premises by the LESSOR to the L,ESSEE, or the use or condition of the Leased Premises or
as a result of the operations or business acuvities taking place on the L.eased Premises. It is fully
understood and agreed that LESSEE is aware of the conditions of the I.eased Premises and leases
the same "as is."
[15] Holdover. Any holdover after the expiration of the term of this Lease sha11 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.
[16] Poliution and Contaminants. LESSEE agrees to comply with all ordinances, laws, rules and
regulations enacted by any governmental body or agency relaUng to the control, abatement or
emission of air and water contaminants and the disposal of refuse, solid wastes or liquid wastes.
LESSEE shail 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 allliability, in-
cluding without limitation, fines, forfeitures, and penalties azising from the failure by L,ESSEE to
• comply with such ordinances, laws, rules or regulations. LESSOR has the right to perform cleanup
and charge the LESSEE as Additional Rent for such costs should the LESSEE fail to comply.
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[17] Controlling Lease. In the event there is any prior e�sting lease or rental agreement between
• LESSEE and LESSOR (or its predecessor in interest) covering the subject properry it is agreed and
understood that this I.ease shall cancel and terminate any prior leases or rentai agreements as of the
effective date ofthis lease.
[18] Destrucfion. In the event of damage to or destrucuon of the I.eased Premises or in the event the
premises becomes untenantable or unfit for occupancy due to such damage during the term of this
Izase, LFSSOR may at its option:
(A) terminate the lease upon fifteen (15) days' written notice to LESSEE; or
(B) within fifteen (15) days agree to restore the premises within a reasonable time period
following the casualry, charging the costs in excess of the insurance proceeds, if any, to the
LESSEE as Additional Rent; or
(C) may direct that LESSEE promptly restore the Leased Premises to substantially the condiuon
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 shall make available to
LESSEE pro-rata, as work progresses, the net proceeds of such insurance. If such proceeds
aze insufficient to pay the enure cost thereof, LESSEE agrees to pay as Addiuonal 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 restorauon period shall be abated in proportion to the
• percentage of loss and impairment of the use of the Leased 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 term of this Lease shall
consutute an event of default by the LESSEE:
(A) the filing of a pedtion to have LESSEE adjudicated b2nkrupt or a peution for reorganization
or arrangement under any laws of the United States relating to baukruptcy filed by LESSEE;
(B) in the event a petiuon to have LESSEE adjudicated bankrnpt is filed against LESSEE, the
failure to dismiss such peution within ninety (90) days from the date of such filing;
(C) the assets of LESSEE or of the business conducted by L,ESSEE on the I.eased Premises be
assumed by any wstee 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 I.ease;
(F� the failure by LESSEE to observe and perform any covenant, condiuon or agreement on its
part to be observed or performed as required by this I.ease; or
(G) the failure by LESSEE or its surety to dischazge, satisfy or release any lien or lien statement
filed ar recorded against the L,eased Premises within sixty days after the date of such filing
• or recording, whichever date is earlier.
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It is an express covenant and agreement of LESSOR and LESSEE that LESSOR may, at its election,
� terminate this L.ease 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 LFSSEE; and
when so temunated, LESSOR may reenter the Leased Premises. This Lease and its Lzased Premises
shall not be treated as an asset of LESSEE'S estate. It is further expressly understood and agreed that
LESSOR shall be entirled upon such reenhy, notwithstanding any other provision of this Lease, to
exercise such rights and remedies as aze provided in Paragraph (24) of this Lease.
[20] Compliance with Laws. The properiy described herein may be used for only the purposes stated
herein. It is the sole and exclusive responsibiliry of the LFSSEE in the use of the properry to comply
with all laws, rules, regulauons or ordinances imposed by any jurisdicuon affecting the use to which
the property is proposed to be put. Inability or failure by the L.ESSEE to comply with any of said
laws, rules, regulauons or ordinances will not relieve the LESSEE of the obligation to pay the rental
provided herein.
[21] Non-Discrimination. The L,ESSEE 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, religon, age, disability, marital status,
status with respect to public assistance or nauonal origin or ancestry shall be excluded from
participaung in, be denied the benefits of or be otherwise subjected to discrimination in the
• use of said facilities;
(B) that in connecuon with the construction of any improvements on said lands and the
fumishing of services thereon, no discriminauon shall be pracuced in the selection of em-
ployees and contractors by contractors in the selection and retention of first tier subcontract-
ors, and by first-tier subcontractors in the selection and retention of second-uer subcon-
tractors;
(C) that such discrimination shall not be pracuced against the public in its access in and use of
the facilities and services provided for public accommodations (such as eaung, 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 L.egislative Code Chapter 183.
[22] Liens. The LESSEE shall not permit mechanic's liens or other liens to be filed or established or to
remain against the L.eased Premises for labor, materials or services furnished in connection with any
additions, modificauons, improvements, repairs, renewals or repiacements made to the Leased
Premises, or for any other reason; provided that if the LESSEE shall first noufy the LESSOR of its
intention to do so and shall deposit in escrow with the I,ESSOR a sum of money or a bond ar
irrevocable letter of credit acceptable to the LESSOR equal to the amount of the ciaim 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 unsarisfied 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 es-
crow account to prompdy pay all such unpaid items and if LESSEE fails to pay from the escrow
account, the LESSOR may pay and chazge the LESSEE as Additional Rent.
. [23] Eminent Domain. In the event the entire L.eased Premises are taken by eminent domain, or such
portion thereof is so taken that in L.ESSEE'S reasonable judgement it is uneconomic thereafter to
restore the Leased Premises and proceed under the terms and provisions of this L.ease, LESSEE may
terminate this I.ease by giving to LESSOR thirty days' written notice of termination, effecuve as of
the date on which the condemning authority acquires legal utle or physical possession of the L.eased
Premises. LESSEE hereby waives and releases any claim to or share in the Award of Compensation
for 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 fi.ztures at its own expense.
[24] Default Remedies. In the event an Event of Default occws under pazagraph (19) of this Lease,
LESSOR may exercise any one or more of the foliowing remedies:
(A) reenter and take possession of the Premises without termination of this I.ease and use its best
efforts to ease the Premises to ar enter into an agreement with another person for the account
of LESSEE;
(B) terminate this lease, exclude LESSEE from 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) exclude LESSEE from possession of the Premises, with or without terminaung this L.ease
and operate the Premises itself;
. (D) terminate the Lease, exclude L,ES SEE from possession of the Leased Premises, seli all or any
part of the Premises at the best price obtainable (provided such sale is permitted by applic-
able law,) such sale to be on such terms and conditions as the LESSOR, in its sole discreuon,
shall determine and apply the proceeds of such sale less any expenses thereof for the account
of the I,ESSEE.
(E) exercise any remedies available to it under the Minnesota Uniform Commercial Code;
(F� take whatever acUon at law or in equity may appeaz necessary or appropriate to collect the
Basic Rent and Additional Rent then due and thereafter to become due, or to enforce
performance and observance of any obligation, agreement or covenant of the LES SEE under
this I.ease.
(G) in exercising any of its remedies set forth in this Section, the LESSOR may, whether or not
the I.ease 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 I.ease or now ar thereafter exisung 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 ar power or shall be construed to be a waiver thereof, but any such right and power may
be exercised from ume 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.
[25] Default of Payment L.ESSEE 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
• AdditionaiRent,thentheremainingunpaidbalanceshall,attheoptionoftheLESSOR,immediately
become due. Said LESSEE further agrees that the LESSOR may, at its option and without nouce to
LESSEE, enter judgment against I.ESSEE in Ramsey County District Court for the amount of the
unpaid balance. And LESSEE does hereby confess judgment in the amount of the unpaid balance
due upon default, and does authorize the L.ESSOR 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 shall have come due, for the full amount of the unpaid balance due
pursuant to the confession of judgment provided herein.
[26] Alterations. The I,ESSEE will not make any alterauons 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 L.ESSOR'S supervision and any improvements made to the I.eased Premises at the
LESSEE'S expense shall become the property of the LESSOR at the end of the I.ease period.
LESSEE agrees that all alterauons 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 I.ease may be
terminated and the provisions of this Lease may be, in wriung, 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 I.ease
first above-written_
• LESSOR:
Mayor
City Clerk
Director of Technology & Management Services
Department Director
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City Attomey (Form Approval)
LESSEE:
Its
Its
Its
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