The URL can be used to link to this page

96-938Return cn,.py to: Real Estate Division 140 City Hall { t �i � E � � P f t � � j �� ... , , '—.',, e. . �.. �� Q a. —.L� �1 �lq� PAUL, MINNESOTA r,��a tt Refermd To co�n�: 35 WHEREAS, Ramsey County assumed Lease Agreement PW/5 of 31 parking stalls in the Second Street Garage when it purchased the Ramsey County Government Center East building; and WHEREAS, the said Lease Agreement PW/5 expired in 1992 and has continued on an informal basis since then; and s WFiEREAS, a new agreement has been negotiated with Ramsey County to extend the said 9 Lease Agreement PW/5 through February 28, 2(kLl; io l`l`18 ii BE IT THEREFORE RESOLVED, that the proper City officials are hereby authorized and �z directed to execute Lease Agreement PW/5 Requested by Bepartment of. Finance & Manaeement Services � Adopted by Council: Date ° Adopti Certified by Council Sec ary By: �� -- . �...-.l`eiva�/� Approved b�o� � �l ��,��b By . �� i Form Approved by City Attorney 1�C'� �m/ � ��r r� s �.��/�/� `7/z�� Approved by Mayor for Submission to Councii B �. ic ��' Council File # �G • 938� Green Sheet # 3�_q 9 Y F.M.S./REAL ESTATE DIVISION Date: 7/18/96 Green Sheet Number 34 99 EPARTMF.NTDII2ECTOR 4 CTIYCOUNCII. ontx[ Person �d Phoffi N�ber: ,�. 2 ATTORNEY � 2 � y CLERK Dave Nelson ` 266-8850 \ [�i �.\ i7DGEf DII2RCfOR 1 .& MGT. SVG DIIt YOR(ORASSI.STAN'n 5 ETTATEDIVISION _ _' ust be on Council A enda b: J�}! 2 5 1996 OTAL # OF SIGNATURE PAGES 1 (CLIP ALL I.00ATIONS FOR SIGNATURE) --� �� - - CTION RR.QUESTED: —{- �ay O To approve a-#"we year lease of the Second Street Garage to Ramsey County for parking. Ref: 1. Resolution to approve lease agreement; 2. Sample copy of Lease Agreement PW/5. - COMI1fENDAT[ONS:APPROVE(A)ORRETECT(R) ERSOIVALSERVICECONTRACTSMOSTANSWER�`PHEFOLLOWING: 1. Has the person/Srm everworked under a contract for fhis deparhnent? YES NO PLANNILiGCOMMIS510H g srarr . Has this peison/firm ever been a C5ty employee? YE5 NO CML SERVICE COMMI.SSION . Does Utis persodErm possess a slull not nonnaIly possessed by any YES NO current Ctity employee? CI8 COMMRTEE Es lain all YF.S answers on a se arate sheet and aMach. UPPORTS WfiICH COUNCIL O&IF,C'1'IVE? COUNCiL WARD(S� 2 DISTRICT PLANHING COUNCIL � 7 HITIATING PROBLEM, ISSUE, OPPORTUNCI'1 (Kfio, �i'liat, When, Where, Why?): The lease agreement, which Ramsey County assumed when it purchased the Ramsey County Government Center East building, expired some years ago. The lease has continued on an informal basis while the details of a new agreement were worked out. VANTAGES IF APPROVED: We will finally have a formal lease agreement for the Second Street Garage. _ r � I$ADVANTAGE3IF APPROVED: �i?�� 3��t': �Ydt s a�. �- �. � �- �.. < None �;i,,,� �� p5�b JUI. 23 I986 ISADVANTAGESIFNOTAPPROVED: W �� _ �' The lease will continue on an informal basis, which could result in misunderstandings. OTAL AMOUNT OF TRAPISACTION: $120�900 �ST/REVENUE BUDGETED (CiRCLE ONE) YES NO UNDING SOURCE: ACfIV1TY NUMBER: INANCIAL INFORMATION: (F.XPLAIl�) Rent is based on full occupancy of 31 parking stails at $65 per stall per month (pw5) Revised 3/6/96 Authority (C.F. or A.O.) LEASE FINANCE DEPT. LEASE NO. PW/5 DATE: March 1 1996 LESSOR: CTTY OF SAINT PAIIL DEPARTMENT OF PUBLIC WORKS LESSEE: RAMSEY COUNTY DIVISION OF PROPERTY MANAGEMENT 660 Ramsey Countv Government Center West ��-q S�'' CITY OF SAINT PAUL STANDARD LEASE AGREEMENT [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", consisting of 31 pazking spaces in the Second Street Gazage (A.K.A. Bridge Yard) whose address is: " 131 East Second Street and which is legaliy described as: A 33 stall parking lease located under surface of Lots 2, 3 and 4, Block 31, St. Paul Proper. together with any buildings, fixtures in such buildings, improvements and structures, if any, located thereon; See Exhibit "A", plan or map of Leased Premises which is attached hereto and made a part of this agreement. [2] Term of I.ease. This lease shall be in effect for a term commencing and ending on the dates indicated below, unless ternunated eazlier by the LESSOR or LESSEE as provided herein. Term (Monthsll'ears) Commencing Date Ending Date ` � w� -�ive-Years Mazch I, 1996 February 28,-�89i- � 9 a�-q�8' [3] Use of Premises. The LESSEE shall use and occupy the Leased Premises for the purpose of Vehicle Parlane and for no other purpose without the prior written consent of LESSOR [4J Rent Rent shall consist ofBasic Rent, which is based on availability of 31 stalls, and such Additional Rent as may apply. LESSEE shall pay all rent 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 Annual Basic Rent (Monthly Payment $24,180.00 $2,015.00 Commencing Date March 1, 1996 $ per Space) $65.00 LESSEE shall make all payments of Basic Rent and Additional Rent to Public Works Accountin� Div., 600 Citv Hall Annex St Paul, MN 55102. The applicable account number for City Finance Accounting Code is: 42340-6801. (5] Ri2ht of Entrv. At all times during the term of this 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. [6] Insurance. (A) LESSOR'S and LESSEE'S Insurance. The LESSOR and LESSEE shall acquire during the term of this lease the following coverage: (1) COMPREHENSIVE GENERAL LIABILITY INSURANCE (a) LESSOR is self-insured for comprehensive general liability, pursuant to State Statute 466. (b) LESSEE is self-insured for comprehensive general liability, pursuant to State Statute 466. (2) WORKERS' COMI'ENSATION INSURANCE with not ]ess than statutory minimum limits; and EMPLOYERS' LIABILITY INSURANCE with minimum limits of at least $100,000 per accident and v�zth an all states endorsement. LESSEE is self funded for such coverage. (a) LESSOR is self funded for such coverage (b) LESSEE is self funded for such coverage ��'�� t3) (4) [7l ; Y - The limits cited under each insurance requirement a sole responsibility of tli& LESSOR and LESSEE insurance that may be necessary in relation to this � `<. Nothing in this contract shall constitute a waive� statutory lunits or exceptions on liability. party at any time during the days, prior to the date when s and on the effective date of LESSEE without interest. [S] Notice. All notices herein be deemed to have been fi in writing and deposited in LESSEE at the address st Hall,,Saint Paul, Minnesot by written notice given by adc3iess change notice by [ [10] pazking, LESSEE shall which consent must b� Pcemises. � (A) LESSOR'S all repairs, r properry.and repairs of az repair, safe a Such repairs (B) LESSE: duties to ' building perform� and upk� or sqecil e establish minimums; and it is the purchase and maintain additional the LESSOR or LESSEE of any > This lease shall be subject� cancellation and temunation by either n hereof by giving notice writing to the other party at ninety (90) ternunation shall become e�ctive. In the event of such termination, i ternvnation, LESSOR �1 return any unearned rental paid by the v�ded to be given, or that given when served pers� United States Mail, cert: ' on page (1) and to the, i 102. The address to � �er party to the othet� sonal service. % be given by either party to the other, shall y on LESSOR or LESSEE, or when made and postage prepaid, and addressed to the SOR at the Real Es4ate Division, 218 City the notice shall be mailed may be changed ng herein sha11 preclude the giving of such . Except for subleases een LESSEE and its employees for vehiculaz assign or sublet thi§ e without the written consent ofthe LESSOR, ained prior to the e tion of any agreement to sublease the Leased and upkeep 3nd and routine ma in compliance with �intenance and upki - .- -� ie Leased Pn er life-safetY custodial du its own per or ihe LESS [all, at its own cost a �,eased Premises, ex r specifically for the I e and repair to keep le fire, health, build'n not be deemed to in� shall, at its own c orderly and in ooii �ll provide all ma4e ? shall also be resp � and to any improi 3 .<, expense, be responsibie for �sive ofLESSEE'S personal SSEE, including emergency e Leased Premises in good and other life-safety codes. de custodial duties. e�cpense, perform custodial with applicable fire, health, 3 suppties necessary for the for all repairs, maintenance that tiave been inst'aijed by y ` _ �. aG-938' [ll] Pavments in Case of Default LESSEE shall pay LESSOR all costs and expenses, including reasonable attomey'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 property, whether such action progresses to judgment or not. [12] Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner termination of this lease, shali quit peacefully and surrender possession of said property and its appurtenances to LESSOR in as good order and condition as the properiy was delivered to the LESSEE. [13] Indemnitv. The LESSEE agrees to indemnify, defend, save and hold harmless the City of Saint Paul and any agents, officers and employees thereof from all ciaims, demands, actions or causes of action ofwhatsoever nature or character, arising out of or by reason of the LESSEE's performance or failure to perform under the terms of the Lease, or the use by LESSEE of the Leased Premises under this agreement. It is fuliy understood and agreed that LBSSEE is aware of the conditions of the Leased Premises and leases the same "as is" The LESSOR agrees to indemnify, defend, save and hold harmless Ramsey County and any agents, officers and employees thereof from all claims, demands, actions or causes of action of whatsoever nature or character, arising out of or by reason of the use by the LESSOR of the remainder of the buiiding in which the Leased Premises are located, or the performance or failure to perform by LESSOR under the terms of this agreement. [14] 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 shali be applicable. [15] Pollution and Contaminanfs. LESSEE and LESSOR agree to comply with all ordinances, laws, rules and regulations enacted by any govemmental body or agency relating to the control, abatement or emission of air and water contaminants and the disposal of refuse, solid wastes or liquid wastes. LESSEE shall bear all its costs and expenses of complying, or arising from failure by LESSEE to comply, with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold hannless I.ESSOR from all liability, including without limitation, fines, forfeitures, and penalties arising from the failure by I.ESSEE to comply with such ordinances, laws, rules or regulations. LESSOR has the right to perform cieanup and chazge the LESSEE as Additional Rent for such costs should the LESSEE fail to comply. LESSOR shall beaz a11 its costs and expenses of compiying, or arising from failure by LESSOR to comply, with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold hannless LESSEE from all liability, including without limitation, fines, forfeitures, and penaities arising from the failure by LESSOR to comply with such ordinances, laws, rules or regulations. a�-� 3� [16] Controlling Leasa In the event there is any prior existing lease or rental agreement between LESSEE and L.ESSOR (or its predecessor in interest) covering the subject properiy, it is agreed and understood that this Lease shall cancel and temunate any prior leases or rental agreements as of the effective date of this lease. [17] 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, in whole or in part, due to such damage during the term of this Lease, LESSOR may at its option terminate the lease upon fifteen (15) days' written notice to LESSEE. 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 LESSOR, times the number of days of loss or impairment. [18] Events of Defauit. (A) Default by LESSEE. The occurrence of any of the following events during the term of this Lease shall constitute an event of default by the LESSEE: (1) the failure by LESSEE to timely pay Basic Rent or Additional Rent as required by this Lease; (2) 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 [19] 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 LES SEE in the use of the property to compiy 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 wiit not relieve the LESSEE of the obligation to pay the rental provided herein. (20] Non-Discrimination. The LESSEE for itsel� its 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, religion, age, disability, marital status, status with respect to public assistance or national origin or ancestry shall be excluded from participating in, be denied the benefits of or be otherwise subjected to discrimination in the use of said faciliries; 9�-q3Y (B) that in connection with the constructionof any improvements on said lands and the fumishing of services thereon, no discrimination shall be practiced in the selection of employees and con- tractors, by contractors in the selection and retention of first tier subconuactors, and by first-tier subcontractors in the selection and retention of second-tier subcontractors; (C) that such discrimination shall not be practiced against the pubiic in its access in and use of the facilities and services provided for public accommodations (such as eatin�, sieeping, 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 Legisiative Code Chapter 183. [21] Default Remedies. (A) LESSOR'S Remedies. In the event an Event of Default occurs under paragraph (19) of this Lease, LESSOR may exercise any one or more of the following remedies: (1) reenter and take possession of the Premises without termination of this Lease, and use its best efforts to lease the Premises to or enter into an agreement with another person for the account ofLESSEE; (2) 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; (3) exclude LESSEE from possession of the Premises, with or without ternunating this Lease and operate the Premises itself; (4) ternvnate 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 pernvtted by ap- plicable law,) such sa]e to be on such terms and conditions as the LESSOR, in its sole discretion, shall dete�mine and apply the proceeds of such sale less any expenses thereof for the account of the LESSEE. (5) exercise any remedies available to it under the IvTinnesota Uniform Commercial Code; (6) take whatever action 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 perforrnance and observance of any obligation, agreement or covenant of the LESSEE under this Lease. (7) 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. i��l�� 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 shail be in addirion to every other remedy given under this Lease or now or thereafter e�cisting at law or in equity by statute. 23o delay or omission to exercise any such right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereo� 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. (B) LESSEE'S Remedies. Ifthe LESSOR should default in the performance ofthe conditions or covenants ofthis I.ease Agreement, LESSEE, in addition to all other remedies now or hereafter afforded or provided by law, may at its election perform such condition or covenant on behaif of LESSOR or make good any such default and any amount or amounts that LESSEE shall advance pursuant thereto shall be repaid by LESSOR to LESSEE on demand; and, if the LESSOR shall not repay any such amount or amounts upon demand, LESSEE shall have the right to deduct the same from the neart installment or installments of rent to accrue under this Lease. [22] Alterations. The LESSEE will not make any alterations to the premises without the written consent ofthe 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 sha11 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 shail become the property of the LESSOR at the end of the Lease period. LESSEE agrees that all alterations 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. [23j Unused SQaces. LESSEE shall, in subieasing parldng spaces to employees, give priority to the spaces along the north wali of the facility; and any spaces remaining unused shall be made available at no cost to the LESSOR for storage of City-owned vehicies. [24J Amended. Anything herein contained to the contrary not withstanding, this Lease may be terminated, and the provisions of this Lease may be, in writing, amended by mutual consent of the parties herein. 7 � ��,� 9�.q��' 3 � iTNESS WHEREOF, the parties hereto have set their hands and seals the day and year in this Lease �z above-written. �,F LESSOR: . . , { . 3 -.1� � Mayor City Clerk Director ofFinance and Management Services Department Director City Attorney (Form Approval) LESSEE Its �� y�� Its � 9/9� CFUUR Board of Couniy 9/ _.��,Q Exhibit "A" to Lease Agreement PW/5 : j � � I : , . i :{ 4 � I � - � E � < r.�, r� f — ._ ...� = -�--- --�-- ;, . • ' ---r � •-•-�- , i ,yl � • I �__�—� i- � � � � � ' � �. � � � I �' II I � �� '•�V g� i 32 � 33 ,..I �? i 1 25 1 Z � ! z� � ta � z� � su �' � � i �23 I��I� I � � � �� !� '_ _ � -—I— � _�_�_ a� i- — -�- — �.--�= -fi—� , .�- - � --�" — �: i � I � � i � � I I 22 � 18 �g �� i 2; i j 2 �' t3 iI 1 ,� �' 15 i 16 i 17 i i il i i i � : � i � i _ _ � _ L _ 1 ; �---1---- — � _�__i: -�=-�"'- . . � � zI : : . . . AISL= � i � ; � , � , - : y : ; —T ��.�i� - 71'� f �,� yo"_ ��- • xc' !. �^� � � l, � �� ' �� t_ �, �J_ � ��. �j �I 9 ��—. . ; . �5 4 4 1 ''T'� 1 I � � • ' � I � 11 i ti �� i �_+_ � _ ll- } 1 ' — � J , � i .. -�- suxvErons � T- .,•� � ' I.BOrE• OF�KE j � � � 2 � ' • Sl"�RAGE . : 8R1DGE1 NF:��NG ' � � . ' BElow- � ��T'� i - { . CONSTQ��-��ON > . —�� S![C�'O S! -��.�.�� 7 1 � � L�ecar�e..s �__, I�5[m4RAl.• T� B[ LIbW : � d PLAN V/EW s-o�• � , ; ; � i , " exx:n�� 4 � _ � �.. � n... � tG-q �—=� � • COMMVMRT � Y.RNCfS STDRAOf � an.+.m • Artat�N� (LnTC4 GW � � t — � �. Ii , � : ji � �� . _ .J' , _; � �t ' � ii � IJ II :� _ -' .-� . , ' - 3 � ,! . � �� ' 1 ; „ E '� � �: t � i! 131 SECUND ST ` � I LhG ST, cF:IGLE Yf.1:D ?i : PARKIiiG ':.?!: ;�