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96-932", �^-, € p,r E t E /� 4- . �.F€ 6`ct'�� RESOLUTION Cauncil File # 9 (� - 93.� Green Sheet # 3 9 S�°� CITY OF SAINT PAUL, MINNESOTA �� Presented By: „��, �. Referred To: Committee: Da 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLVED, that the proper City Officials are hereby authorized and directed to execute agreements with 3M Company for use of 3M Buiiding 27, located at 888 East Minnehaha Avenue. A copy of said agreement is to be kept on file and of record in the Department of Finance and Management Services. 29 Requested by Department of: Police By: Adopted by Council: Date: Form ved by i ey: Adoption ertified by Council Secreta • By: — 3 p— By: Approved y Mayor: Date. �/y2(l/�, Approved by Mayor for Submission Council: By: ^,,,, ��(A�AS I 7 ���� �ir��' /�c�� �y� c071596a ;� - Police - Department 6%19/96 G REEN SH EET CONTACT PEFSON & PHONE INITIAL/DAiE— DEPARTMENT DIRECTOR Chief Finney 292-3588 A��GN CINAl70RNEV NUNBERFO MUSTBEONCOUNpLAGENDABY(DATE) pOUTiNG �BUDGET�IRECTOR OflDER MAYOR (OR ASSISTAN'� TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) �G 4� -93a � 39��� INITIAUDATE Cltt COUNCIL CIfiY CLERK FIN. & MGT. SEFVICES UIR. Pass the attached council resolution allowing the Saint Pau1 Police Department to ente= into a contract with 3M for space for a store front office at 888 E. Minnehaha. qECOMMENDATIONS: Appruve (A) or Rejec[ (R) _PLANNINGCOMMISSION _CIVILSERVICECOMMISSION _ qB COMMITTEE _ ^ STAFF _ ,_ OISTRICTCOURT _ SUPPORTS WHICH COUNGIL OBJECTIVE? PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOV�pYfiC;10NS: 7. Has this personttirm ever worketl under a contract for this departm �� 4 �� YES NO 2. Has ihis personHirm ever been a city employee? d U L 3 0 1996 YES NO 3. Does this personRirm possess a skill not normally possessed by any curreM ci� empIoy ee1 YES NO fl�/iYCJi�. �1'F{l.G Explaln all yes answers on separete sheet and attaoh to green shcet The department has been offered and accepted space fxom 3M Company at 888 E. Minnehaha to open a store front office. ADVANTAGESIFAPPPOVED: Use of space by the Police Department for a store front. JUI. 11 1996 . � '•� DISADVANTAGES IF APPROVED: No. DISADVANTAGES IF NOTAPPROVED: See above TOTAL AMOUNT OFTRANSAC710N $ ���3���? ti�•'?�� s� �� ti'cs'�, L G i.`�`J�� COS7/REVENUE BUDGE7ED (CIBCLE ONE) YES NO FUNDIfdG SOURCE ACTIVITY FINANCIAL INFORR(iATIOM (EXPLAIN) C � �,� qG-9 LEASE THIS LEASE, Made this day of 19� by and between MINNESOTA MINING AND MANUFACTL3RING COMPANY ("3M"), a Delaware corporation, hereinafter called Landlord, and ST. PAIJL POLICE DEPARTMENT, with an address of 100 East 1 Ith St., St. Paul, MN, hereinafter called Tenant. WITNESSETH: ARTICLE 1. PREMISES Landlord for and in consideration of the rents and covenants hereinafter mentioned does hereby demise, lease and let unto Tenant and Tenant does hereby hire, lease and take from Landlord the following described premises situated at City of St. Paul, in the County of Ramsey, State of Minnesota, more particularly described as follows: Space located on the first floor of 3M Building 27, located at 888 E. Minnehaha, St. Paul, MN, as shown on Exhibit A attached. ARTICLE 2. TERM The term of this Lease shall be month-to-month, commencing on Apri] l, 1996. If Tenant accepts possession on a day other than the first day of the month, Tenant shall occupy the premises under the terms and provisions of this Lease and the term of the Lease shall commence on the first day of the month following that in which possession is accepted. ARTICLE 4. TAXES, UTILITIES, SERVTCES AND EQUIPMENT Landlord shall be responsible for all rea] estate ta�ces and assessments. The Landlord, at its own cost and expense, sha11 furnish, supply and properly maintain for the Tenant, the following services, utilities and equipment if existing: a. b. c. d. e. f. Elevator Service Parking facilities including snow removal. Utilities, including heat, air conditioning, electricity, hot and cold water, and lighting. Shades, Blinds, and Drapes. Light bulbs and/or fluorescent tubes and starters. 7anitorial service for the Premises and common areas in accordance with the existing schedule for the building. ARTICLE 5. ASSIGNMENT AND SUBLEI'TING Tenant shall have no right at any time ta assign this Lease or sublet any part or all oFthe demised premises without the prior written consent ofLandlord, which consent shall be at Landlord's sole discretion. ARTICLE 6. USE Tenant may use the demised premises for operation of a neighborhood police precinct. Tenant wiil at its own expense comply with all statutes, ordinances, rules, ocders and regulations of federal, state or local public authorities, provided compliance does not require a structural modification to the demised premises. 9G-93�. ARTICLE 7. DAMAGE OR DESTRUCTION If all or a part of the demised premises are rendered untenantable by reason of damage or destruction caused by perils customarily covered under fire and e�ctended coverage insurance, acts of God or any cause beyond the reasonable control of Tenant, this Lease shall, at the option of Tenant, terminate iJNI.ESS (a) Landlord notifies Tenant within ten (10) days after notice from Tenant of the untenantable condition of the premises, of its intention to repair and restore the premises to their former condition, and (b) such restoration is completed within one hundred twenty (120) days from the date Landlord receives notice of the untenantable condition of the premises. During the period of restoration, Tenants rental obligation shall be abated proportionate to the time and the e�ctent of the damage or destruction and the time during which and the extent to which the premises have been untenantable. In the event of termination, Landlord shall reimburse to Tenant any portion of rent paid representing the portion of the term subsequent to the date on which premises were rendered untenantable. ARTICLE 8. MUTUAL WAIVER OF SUBROGATION Each party hereto releases and waives a11 rights of recovery against the other party, its officers, employees, agents, invitees and representatives for any damage to any person, or for loss of or damage to their property or property of others under its control arising from any cause insured against under any insurance policies carried by Landlord and Tenant. ARTICLE 9. SURI2ENDER Tenant agrees to surrender at the termination of this Lease possession ofthe demised premises in as good condition and repair as the same were in at the commencement of the term hereof except for the fo(lowing; (a) Reasonable wear and tear, (b) Repairs and restoration to be made by Landlord as herein provided, (c) Damage or destruction caused by perils customarily covered under fire and extended coverageinsurance. ARTICLE 10. MAINTENANCE AND REPAIRS The Landlord shall, at its sole cost and expense, make all repairs in and to the Building and Premises, except when the disrepair (exclusive of any disrepair resulting from fire, smoke or explosion) arises from to the negligence of the Tenant, its servants, agents or employees. In the event of breakdown or needed repairs to the Premises and equipment herein referred to, the Tenant shail notify the Landlord or its agent of such breakdown or needed repairs and the Landlord shall immediately cause such repairs and/or replacements to be made. The Tenant shall permit the Landiord and authorized representatives of the Landlord to enter the premises at times convenient to the Tenant for the purpose of inspecTing, making any repairs and performing any work therein as may be necessary for the Landlord to comply with the provisions of this Article. The Landlord, in the performance of any such work shall cause as little inconvenience, annoyance, disturbance or damage to the Tenant as may reasonably be possible under the circumstances. 2 svroua�.�nmzoliass 9t-93� ARTICLE i i. ALTERATIOI��S Tenant shall not have the right to make any alterations or changes to the leased Premises without Landlord's prior written consent. Upon the prior written consent of Landlord, Tenant sha]] have the right, at its sole expense, to make such interior and e�cterior changes, additions or alterations that Tenant may from time to time desire to make provided that the same are not structural in nature. Tenant shall, at its sole cost and expense, remove all such changes, additions and a]terations prior to the expiration or other termination of this Lease and shall promptly restore the Premises to their former condition. Tenant agrees to assume all responsibi]ity and liability for any lien against Land]ord's property arising out of any changes, additions or alterations by Tenant pursuant to this Article. Further, Tenant will comply with all laws and regulations in connection with any work to be performed. A.RTICLE 12. RIGHT OF ENTRY Tenant agrees to permit Landlord, its agents or emp(oyees, to enter the demised premises at ali reasonable times with prior notice to show premises to parties wishing to purchase, lease or to make repairs, alterations and improvements. Landlord may enter the Premises at any time in cases of emergency. ARTICLE 13. LIABILITY Landlord sha]] not be liable for any damage to property of Tenant or property of Tenant's employees, agents or invitees resuiting from perils customarily covered by fire and eaKended coverage insurance, acts of God or any other cause beyond the reasonable control oflandlord. Tenant agrees to indemnify and save harmless Landlord from any liability, claim or demand which may arise from such damage to said property. Tenant shall not be responsible for any damage to or destruction of the demised premises resulting from perils customarily covered by fire and extended coverage insurance. ARTICLE 14. IN5URANCE (Deleted) Al2TICLE 15. DEFAULT If Tenant defaults in the payment of the rent or in the due performance of any of the other conditions or covenants contained in this Lease or if Tenant is adjudicated bankrupt or shail make an assignment for the benefit of creditors, Landlord in addition to any and all other rights hereunder or as provided by law shall have the right at any time during the existence of such fault or condition to (a) terminate this Lease and re-enter the demised premises and repossess and enjoy the same or (b) re-enter the demised premises and from time to time relet the same or, portions thereof as agent of Tenant and receive the rent therefor, applying such rent first to the payment of the resulting expenses and then to the payment of the rent accruing hereunder. Tenant wili receive the balance if any and will remain liable for any deficiency. Notwithstanding the foregoing, no default shal] exist under the terms of this Lease until Landlord sha11 have given Tenant a thirty (30) days' written notice of the default and Tenant shall have failed or neglected throughout the said thirty (30) day period to remedy such default or condition. ARTICLB 16. LANDLORD'S WARI2ANTY Landlord warrants and covenants that it is lawfully in possession of the demised premises and has good right and authority to lease the same 3 veeor��imv,�.o;�ass . . q`-q3�. and that upon TenanYs paying the rents and performing the covenants as herein provided it shaII and may peaceably and quietly have, hold and enjoy the demised premises for the term or terms herein provided and Landlord will defend such holding and enjoyment. ARTICLE 17. NOTICES All notices required or desired to be given hereunder by either party to the other shall be given by certified or registered mail, return receipt requested addressed to Landlord at 3M Center, Building 220-11E-03, St. Paul, MN 55144, Attn.: Donald C. Weinke and to Tenant at 100 East l lth St., St. Paul, iviN 55101, Attn.: Don Winger. Either party may, by written notice, designate a new address to which notices shall be directed. ARTICLE 18. SUCCESSORS AND ASSIGNS The covenants and agreements contained in this Agreement shail apply to, inure to the benefit of and be binding upon the Landlord and Tenant and upon their respective successors in interest and assigns. ARTICLE 19. WAIVER Any failure or neglect by either party to assert or enforce any rights or remedies because of any breach or default by the others hereunder shall not prejudice or affect their respective raghts or remedies with respect to any subsequent breach or default. 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