09-810caua�n F��e # D 9 l�
Green Sheet # 3072238
RESOLUTION
CfTI( Og SA{NT P/,�UL, MLN�€�aOTA
Presented
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1 RESOLVED, that the proper City officials aze hereby authorized and directed to execute a five year lease agreement which
2 includes an indemnificarion clause with Steven G. Bauez for stoiage of antique £ue apparatus, as provided by the Saint Paul Fire
3 Department; a copy of said lease agreement (FS/6) is to be kept on file and of record in the Office of Financial Services.
Yeas Nays Absent
Boslrom
Carter ,�
Hams
Helgen ,�
Lantry ✓
Stazk
Thune
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AdoptedbyCouncil: Date 'e"�5I ���
Adopriy�rtifi b Secre��
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Appr d b r: Date �(�
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Requested by De rtmen ��
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By:
Approve�b��o ina ci � Se vi s
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Approv� A mey l'7 �
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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, Departmentl�ce/Councii: Date Initiated:
FR -F��e j o����-09 Green Sheet NO: 3072238
; Contact Person & Phone:
� Jill Lacasse
228-6257
Must Be on Council Agenda by (Date):
, Doa Type: RESOLUTION
� E-DOCUment Required: N
,' Document Contact:
�' Contact Phone:
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Department Dirtttor '
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' MayodASSistant '
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Cir — 'ry Clerk �
Total # of Signature Pages _(Clip All Locations for Signature)
� Action Requested:
I Approval of the attached Council Resolution authorizing the Deparhnent of Fire and Safety Services to enter into a 5 year lease
,: agreement with Steven G. Bauer, 13746 220th Street East, Hastings, MN, 55033 for storage of anrique fire apparatus.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracls Must Answer the Following Questions:
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this person/frm ever been a city employee?
Yes No
3. Does this personffrm possess a skill not normally possessed by any
current aty employee?
Yes No
Expiain all yes answers on separete sheet and attach to green sheet.
Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why):
The Department of Fire and Safety Services needs a place to store some fire appazatus adn Steven Bauer can provide the space to store
it.
Advanqges If Approved: �`�^ ° � . . �,
The Depar[ment of Fire and Safety Services will have a place to store antique fire apparatus. 1`����d ,�., r=�-,�
.S�di. � !
Disadvantages If Approved:
None.
: �
i Nssign
y Number
� For
I Routing
I Order
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Disadvantages If Not Approved:
The Deparhnent of Fire and Safery Services will not have a storage facility for andque fire apparatus.
Total Amount of $3�,��0.00
Transaction:
Funding Source: 00105120
Financial Informati on:
(Explain)
CosURevenue Budgeted:
activity Number: 5 year lease agreement ($6,000.00 per
year)
July 70, 2009 8:17 AM Page 1
(File Name: )
Revised [Revision Date]
Authority (C.F. orA.O.)
LEASE
LESSOR: Steven � Bauer
137A6 220� Street East, AastinE MN 55033 CITY OF SAINT PAUL
LEASE
LESSEE: CITY OF SAINT PAUL AGREEMENT
DEPARTMENT OF FIRE AND SAFTY SERVICES
1) Leased Premises. The LESSOR, in consideration of the payment of the Basic Rent and
Additional Rent hereinafter specified to be paid by the LESSEE, and the covenants and
agreements herein contained, does hereby lease, demise and let unto LESSEE the premises
hereinafter referred to as the "Leased Premises", whose address is:
13746 220 Street East, Hastine MN 55033
and which is legally described as:
See attached map and/or pictures of leased premises.
2)
together with any buildings, fixtures in such buildings, improvements and structures, if any,
located thereon;
1' i I
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)
Commencing Date
July 1, 2009
Ending Date
June 30, 2014
5
3)
Use of Premises. The LESSEE shall use and occupy the Leased Premises for the following
purpose:
Storage of seven pieces of Saint Paul Fire and Safetv Services antique fire ap�aratus.
and for no other purpose without the prior written consent of LESSOR.
1
4) Rent.
p�1�g(�
(A) Basic Rent LESSEE shall pay all rents in advance, on the first day of the term of
the lease and on the first day of each payment period thereafter as indicated in the
Payment Schedule below:
Total Rent
During Lease Term
$30,000
Schedule
(Period -
I ��'Ti11f11
Commencing Date - $ per Period)
3uly 1, 2009 $6,000
5) Taxes. LESSOR shall be responsible for and pay all taaces and assessments against the Leased
Ptemises.
6) Insurance.
(A)
(B)
LESSOR'S Insurance. The LESSOR shall acquire and keep in effect during the ternl of
this agreement the following coverage:
(1) FIRE AND ALL RISK INSURANCE, including fire, extended coverage and all-
risk insurance covering the Leased Premises and all property located therein
belonging to LESSOR, in an amount equal to 90 percent oF the full replacement
and reconstruction cost of the property.
(2) COMMERCLAL GENERAL LIABILITY INSURANCE including blanket
contractual liability coverage and personal injury liability coverage with a
combined single limit of not less than $1,500,000 per occurrence. Such insurance
shall (a) name the City of Saint Paul as additional insured; (b) be primary with
respect to LESSEE'S insurance or self-insurance; (c) contain a standard cross
liabiliCy endorsement; (d) contain no aggregate policy limit.
(3) LESSOR shall place the insurance with responsible insurance companies
authorized and licensed to do business in the State of Minnesota and approved by
LESSEE, and shall deliver copies of the policies to LESSEE 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 the LESSEE 30 days' written notice.
LESSEE'S Insurance. The LESSEE shall acquire during the term of this lease the
following coverage:
(1)
�2)
The LESSEE shall be responsible for the self insurance of, or the acquisition of,
Commercial Property Insurance on its personal property.
The LESSEE is self-insured under the laws of the State of Minnesota for the
purposes of tort claims against the LESSEE.
2
b��b)b
'n Cancellation or Termination. This lease shall be subject to cancellation and termination by
LESSEE at any time during the term hereof by giving the 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, and on the effective date of such termination, LESSOR shall retum to the
LESSEE without interest any unearned rent that the LESSEE has paid 'm advance.
8) Maintenance and Repairs. LESSOR 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 Leased Premises in good repair,
safe and in compliance with applicable fire, health, building and other life-safety codes; and all
repairs and maintenance needed to keep the buildings or shuctures on the Leased Premises in
good condition, including (a) the exterior (including doors, windows, and glass breakage but not
including signs erected by the LESSBE) 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.
9) Indemnitv. The LESSOR agrees to indemnify, defend, save and hold harmless the City of Saint
Paul and any agents, officers and employees thereof from all claims, demands, actions or causes
of action of whatsoever nature or character, arising out of ar by reason of the condition of the
premises.
10) Holdover. Any holdover after the expiration of the term of this Lease shall be allowed only after
receiving the written consent of the LESSOR. Said tenancy shall be deemed to be a tenancy only
from month-to-month. All other terms and conditions of this Lease shall be applicable.
11) Destruction. In the event of damage to or destruction of the Leased Premises or in the event the
premises becomes untenantable or unfit for occupancy due to such damage during the term of
this Lease, LESSOR may at its option:
(A) terminate the lease upon fifreen (15) days' written notice to LESSEE; or
(B) within fifteen (15) days agree to restore the premises within a reasonable time period
following the casualty.
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 Leased Premises as determined by the
proportion of said Leased Premises that are in suitable condition for occupancy and are actually
occupied by the LESSEE.
12) Default Remedies. In the event the LESSOR fails to observe and perform any covenant or
condition of agreement on its part to be observed or performed as required by this Lease and this
failure persists for 30 days, the LESSEE may, at its election:
(A) send notice to LESSOR that self help measures will be taken by LESSEE and charged to
LESSOR, such charges to be deducted from subsequent payments of Basic and
p� .-g 1 D
Additional Rent beginning with the rent next due and continuing, should the rent next due
be insufficient to reimburse the LESSEE'S expenditures, until such time as LESSEE has
been fully reimbursed for said expenditures and reasonable accrued interest; or
(B) terminate this Lease by giving not less than thirty days' written notice to LESSOR,
provided that, should the LESSOR rectify its failure to observe or perform as required
within the said thirty day period or by a mutually agreed upon date, said written notice
shall be withdrawn.
Termination, as provided in this paragraph shall release the LESSEE of any further
obligation to pay Base Rent or Additional Rent, as defined in Pazagraph (4), to LESSOR
or to LENDER. Any monies paid in advance for rental of the Leased Premises
subsequent to the date of terxnination shall be refundable to the LESSEE and shall be due
on the date of termination.
13) 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 affecting the
use to which the properiy is proposed to be put. The LESSOR shall comply with all laws, rules,
regulations or ordinances imposed by any jurisdiction affecting conduct on the property, and
shall allow no violation of such laws, rules, regulations or ardinances by its agents ar employees
or by other tenants.
14) Liens. Neither the LESSOR nor the LESSEE shall permit mechanic's liens or other liens to be
filed 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. The LESSOR and the
LESSEE shall indemnify, defend, save and hold harmless the other from all claims, demands,
actions or causes of action of whatsoever nature or character arising therefrom. In addition,
LESSOR agrees to indemnify, defend save and hold hannless the LESSEE from all claims,
demands, actions or causes of action of whatsoever nature or character arising out of or from any
activities of LESSOR or persons or companies under its control and supervision.
15) Amended. Anything herein contained to the contrary notwithstanding, this Lease may be
terminated, and the provisions of this Lease may be, in writing, amended by mutual consent of
the parties hereto.
16) No Liabilitv. The LESSOR shall not be liable for any damage caused to LESSEE'S personal
property while such property is contained within the leased premises. Specially, LESSOR shall
not be responsible for theft, vandalism, or any other damage caused by the LESSEE'S personal
property while within the leased premises, except for LESSOR'S intentional, unintentional
and/or deliberate actions that caused the resulting damage. Notwithstanding, LESSOR shall take
all reasonable actions to ensure the space is secure at all times. LESSOR shall immediately
notify the LESSEE in the event of damage and take actions to minimize any further damage. In
the event of damage, for whatever cause, LESSOR shall cooperate fully with any law
enforcement investigation.
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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.
Mayor
City Clerk
Director — Office of Financial Services
Department Director
City Attorney (Form Approval)
LESSOR
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