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D002647IY�I� �F S�IIR !�L iRiOE �F'1� �Y�� ADMINISTRATIVE ORDER, n�� rvo: (� � t� a-Ce � � Date: ' 3�07 BE IT ORDERED, that the proper Ciry officials are hereby authorized and directed to execute Lease Agreement PW 49 with District Council Collaborative to provide 200 square feet of office and storage space on a one-year lease for part of the first floor space of the Lexington Library Floor at 1080 University Avenue. APPROVED AS TO FORM Fi F� <`. ,- � � S � � ,-- Assi t City Attorney Date _ � �/�/�� Department Head Date '! U✓� �Gfili! �/� Director of F cial S rvices Date ��D� paoa-�� Revised Authority (C.F. or A.O.) LEASE NO. PW 49 DATE: Januarv 1. 2007 LESSOR: CITY OF SAINT PAUL 1p:311 [y�.•LI7:7:f.Y 1] �17\:71 Y�L 1�1►`Y Y LESSEE: District Council Collaborative c/o Anne White/ Carol Swenson Saint Paul, MN 55376 LEASE AGREEMENT [1] Leased Premises. The LESSOR, in consideration of the payment ofthe Basic Rent and hereinafter specified to be paid by the LESSEE, and the covenants and ageements herein contained, does hereby lease, demise and let unto LESSEE the premises hereinafter referred to as the ALeased Premises,@ whose address is: Part ofthe l floor space ofthe Lexinnton Librarv Floor, Consisting of 200 square feet of office and storage space; and which is legally described as: 1080 University Ave. Lazge meeting space may be coord'mated via Donna Druiiuiiond at 266-6556. Together with any buildings, fixtures in such buildings, improvements and structures, if any, located thereon; See Exhibit AA@, plan or map of leased azea which is incorporated herein by this reference. [2] Term of Lease. This lease shall be in effect for a term commencing and ending on the dates indicated below, unless terminated eazlier by the LESSOR as provided herein. Term (Months/Years) Month-to-month Commencing Date January 1, 2007 Ending Date December 31, 2007 [3] Use of Premises. The LESSEE shall use and occupy the Leased Premises for the following purposes: Office. meetine and storaee space and for no other purpose without the prior written consent of LESSOR. CTTY OF SAINT PAUL [4] Rent. Rent shall consist of Basic Rent. LESSEE shall pay all rent in advance, on the fust day of the term of the lease and on the first day of each payment period thereafter as indicated in the Payment Schedule below: �b6o�� (A) Basic Rent Schedule Total Basic Rent During Lease Term $5,400 � � (Payment Period � Monthly Commencing Date November 1, 2006 � $ per Period) $450.00 In the event that LESSEE does not make such payments (or any payments required to be paid as ), LESSOR may make the payments at its option, and the payments so paid become , and aze due and payable by the LESSEE with the payment of Basic Rent next required after written notice of same to the LESSEE by LES- SOR. LESSEE shall make all payments of Basic Rent to LESSOR at the following address: Attn: J. Wirka Pazks Dept Accounrine, 25 W. 4`� St.. 300 City Hall Annex, Saint Paul MN. 55102 The applicable account number for City Finance Accounting Code is: 001-013172-5417 All Basic shall be payable on the date certain provided herein, or C if no date certain is provided C within 30 days of the billing date. The LESSOR shall chazge interest of 1.5% per month on any Basic or remaining unpaid beyond the due date as here provided. [5] Phones Cah►e Telecommunications. LESSEE shall be responsible for the installation of phones and intemet communications. LESSEE shall be responsible for all monthly charges attributable to the on going service and fees for such telecom providers. [6] Right of Entrv. At all times during the term ofthis lease, the LESSOR shall 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. (A) LESSOR'S Insurance. The LESSOR shall acquire and keep in effect duringthe term ofthis ageement the following coverage's: (1) FIRE AND ALL RISK INSURANCE, on the Leased Premises with limits ofnot less than the repair and reulacement value shall be purchased bythe LESSOR. LESSEE shall be responsi- ble for insurance of its own property. (B) LESSEE'S Insurance. The LESSEE shall acquire during the term ofthis 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 OR PUBLIC LIABILITY INSURANCE including blanket conh�actual liability coverage, personal injury liability coverage with a combined single limit of not less than $1,000,000, per occurrence, $2,000,000 aggregate, and broad form property damage liabiliTy endorsement with a combined single limit of not less than $1,000,000, per occurrence, $2,000,000 aggregate, 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 �aoac�� occurrence, $2,000,000 aggregate, shall be purchased by the LESSEE. Such insurance shall: (a) name the CiTy of Saint Paul as addirional insured; (b) be primary with respect to LESSOR'S insurance or self-insurance; (c) include an�Il services, products or completed operations. endorsement, (d) not exclude explosion, collapse and underground property damage; (e) be written on an Accurrence• Form policy basis; and ( fl not contain an �ggregate. policy 13mit unless spec�cally approved in writing by LESSOR. (3) WORKERS'COMYENSATIONINSiJRANCEwithnotlessthanstatutoryminimumlimits; and EMPLOYERS' LIABII.ITY INSi.TRANCE with minimum limits of at least $500,000 per accident, $500,000 per employee and $500,000 per disease, with an all states endorsement. (4) The LESSEE shall supply to LESSOR current insurance certificates forpolicies required in Pazagraph (7}. The said certificates shall certify whether or not the agent has errors and omissions insurance coverage. (5) The lnnits 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. (6) Nothing in this contract shall constitute a waiver by the LESSOR of any statutory limits or exceptions on liability. (7) 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 'm paragraph (7) shall be endorsed to indicate that the insurer cannot cancel or change the insurance without fust giving the LESSOR 30 days' written notice. (8) Insurance limits shall be subject to the tort claims liability limits as set forth in chapter 466 of Minnesota Statutes. (G7 Waiver of Subro atg ion. 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 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 hereofby giving the LESSEE notice in writing at ninety (90) days, (thirry (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 retiun any unearned rental paid by the LESSEE without interest. (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 the LESSEE at the address stated on page (1) and to the LESSOR at the City of St. Paul Real Estate,1000 City Hall, Saint Paul, Minnesota, 55102. The address to which the notice shali be mailed may be changed by written notice given p ooa� �� by either party to the other. Nothing herein shall preclude the giving of such address change notice by personal service. [10] Assienment and Subletting. LESSEE shall not assi� or sublet this Lease withoutthe written consent ofthe LESSOR, which consent must be obtained prior to the execution of any ag,reement to sublease the Leased Premises. [ll] Maintenance and Renairs. 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; 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 structures on the Leased Premises in good condition, including (a) the exterior (including windows and doors) and interior structure of the buiidings or structures, (b) the roof or roofs, (c) the heating, ventilating and air conditioning systems therein, (d) all electrical, plum6ing, lighting, mechanical systems, fire suppression equipment, i.e. fue sprinkler system. LESSEE will be responsible for cleaning its generai space as well as cleaning up meeting rooms hosted by LESSEE. LESSEE acknowledges that access cazds have been received and that LESSEE shall keep the access codes to the leased premises in a secure manner and when departing the leased premises ensure that the bullding is secure. In the event of emergency, LESSEE shall immediately contact the City of St. Pau124 hour on call SecuritylFacility person (12] Pavments in Case of Default. LESSEE shall pay LESSOR all costs and expenses, inciuding 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 properry, whether such action progresses to judgment or not. [13] Surreuder 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. [14] Indemnitv. The LESSEE agrees to indemnify, defend, save and hold hannless the City of Saint Paul and any agents, officers and employees thereof from all claims, demands, actions or causes of action of whatsoever nahue or character, arising out of or by reason of the I,ease of the herein described Leased Premises by the LESSOR to the LESSEE, or the use or condition of the Leased I'remises or as a result of the operations or business activities taking place on the Leased Premises. It is fully understood and agreed that LESSEE is aware of the conditions of the Leased Premises and leases the same �es 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 he 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 ar 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 hannless LESSOR from all liabiliry, including without lunitation, fines, forfeitures, and penalties arising from the failure by LESSEE to comply with such ordinances, laws, rules or regulations. LESSOR has the right to perform cleanup and chazge the LESSEE as for such costs should the LESSEE fail to comply. C�DD�(.��7 [17] Controllin¢ 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 properry, 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 desiruction of the Leased Premises or in the event the premises becomes untenantable or unfit for occupancy due to such damage during the term ofthis Lease, LESSOR 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; or The Basic Rents to be paid during the restoration period shall be abated in proportion to the percentage of loss and impaument 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 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 banlQUptcy 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 ninery (90) days from the date of such filing; (C) the assets of LESSEE or of the business conducted by LESSEE on the Leased Premises be assumed 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 as required by this Lease; (F) 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 (G) the failure by LESSEE or its surery 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 eazlier. 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 Leased Premises. This Lease and its Leased Premises shall not be ffeated as an asset of LESSEE'S estate. It is further expressly understood and agreed that LESSOR shall be entitled 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] Comoliance with Laws. The properry 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 properry 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 the LESSEE to comply with any of said laws, rules, regulations or ordinances will 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 agzee, as a covenant rurniing with the �ODa-��f� land, that (A) no person, on the ground of race, seac, color creed, religion, sexual or affectional orientarion, age, disability, marital or familial status, status with respect to public assistance or national origin or ancestry shall be excluded from participating in, be denied the banefits 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 fumishing of services thereon, no discrimination shall be practiced in the selection of employees and contractors, by contractors in the selection and retention of fust tier subcontractors, and by first-tier subcontract- ors in the selection and retention of second-tier subcontcactors; (C) that such discrimination shall not be practiced against the public in its access in and use of the faciliries and services provided for public accommodations (such as eating, sleeping, rest and recreation) conshucted or operated on the Leased Premises; and (D) that the LESSEE shall use the premises in compliance with all other requiremenu imposed pursuant to the Saint Paul Legislative 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 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 LESSEE shall fust notify the LESSOR of its intention to do so and shali deposit in escrow with the LESSOR a sum of money or a bond or irrevocable 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 nonpay- ment 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 ifLESSEE fails to pay from the escrow account, the LESSOR may pay and chazge the LESSEE as. [23] Eminent Domain. In the event the entire Leased 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 Leased Premises and proceed under the terms and provisions of this Lease, LESSEE may terminate this Lease by giving to LESSOR thirty days' written notice of ternunation, effective as ofthe date on which the condemning 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 for the taking, norivithstanding any other provision of law, this Lease or any other agreement. LESSEE may to the e�ctent 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) ofthis Lease, LESSOR may exercise any one or more of the following remedies: (A) reenter and take possession of the Premises without termination of this Lease, and use its best efforts to ease the Premises to or 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 terminating this Lease and operate the Premises itself; (D) terminate the Lease, exclude LESSEE from possession of the Leased Premises, sell all or any part 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 discre6on, shall determine and apply the proceeds of such sale less any expenses thereof for the account of the LESSEE. 0 � v a�� (E) exercise any remedies available to it under the Minnesota Uniform Commercial Code; (F) take whatever action at law or in equity may appeaz necessary or appropriate to collect the Basic Rent and then due and thereafter to become due, or to enforce performance and observance of any obligation, agreement or covenant of the LESSEE under this Lease. (G) in exercising any of its remedies set forth in this Section, the LESSOR may, whether or not the Lease 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 Lease 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 conshued 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 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 Pavmen� 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 , then the remaining unpaid balance shall, at the option of the LESSOR, immediately become due. Said LESSEE 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 the 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 shall have come due, for the full amount of the unpaid balance due pursuant to the confession of judgment provided herein. [26] Alterations. The LESSEB 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 properiy of the LESSOR at the end of the Lease period. LESSEE agrees that all alterations will be done in a workm2nlike 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. [2'7] Amended. Anything herein contained to the contrazy not withstanding this Lease may be terminated, and the provisions of this Lease may be, in writing, amended by mutual consent of the parties hereto. � voa t� � � IN WITNESS WI3EREOF, the parties hereto have set their hands and seals the day and year in this Lease first above-written. LESSOR: N/A Mayor N/A City Clerk Director . Office of Financial Services Department Director City Attorney (Form Approval) LESSEE: � �� _ ��` Its C�� f� �Gi�7r� pFc-".�S'oa1 �26�d. �v�v �/ST�rL,T L-/J'7.�r✓cicLS WL�fS�� Its �fT?�v✓� f �a�E�6�-fZT Its � I�6oa��7 � � N L� N N � a a � � a a a � � C � � 0 m ¢ s U O m � r�� 7 � Green Sheet Green Sheet .Green Sheet Green Sheet Green Sheet Green Sheet � pyy —Pubtic workS Contact Person & Phone: Jean Borgen 266-8866 Must Be on Council Agenda by (Date): 21-MAR-07 Doc. Type: OTHER ADMINISiRATIVE OF E-DOwmeM Required: N Document Contact: Contact Phone: Total # of Signature Pages 0&MAR-07 � Assign Number For Routing Order Locations for Signature) Green Sheet NO: 3037594 0 blic Works I blic Works 10 De arlment Director 2 " Attorne � Jud Haoson 3 ' ancial Services 11ice Financial Services 4 ' Clerk ADMINISTRATIVE ORDER. Authorization to execute a month-to-month one yeaz lease for storage and office space wiflrin Lexington Library, See attached refe�ence lease, iaanons: npprove �n� or R Planning Commissio� C1B Commiitee Civil Service Commission 'I. Has this personffirm ever worked under a coMract forthis department? Yes No 2. Has this personffirm ever been a city employee? Yes No 3. Does this person/firtn possess a skill nol normally possessed by any cunent city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, lssues, Opportunity (Who, What,lNhen, Where,lNhy): District Council Collaborarive required office space. AdvanWges If Approved: Dishict Council Collabonrive will have the office space it requues. Disadvantages If Approved: None foreseen. DisadvanWges N Not Approved: DCC would have to find other quarters. Trensadion: $5,400 CostlRevenue Budgeted: ` � � � � � �� Funding Source: Activity Number: 001-03172�417 Pinancial Information: $450 per month payable to the City of Saint Paul: � - �� '� n��O� (Explain) - � _ � .._. _ ., ._, : March 22, 2007 4:09 PM Page 1