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97-1101Return copy to: Reai Estate Division 140 City Hall r.�tea sy Referred To Cwnmit[ee: Date i BE IT RESOLVED, that the proper City officials are hereby authorized and directed to execute 2 L.ease Agreement PDl32 with the Minnesota State Fair Society to provide seasonal storage for s impounded vehicles on a 6.3 acre site at the State Fair Grounds from Octoher 15, 1947 through April a 3�, 1998, renewable for the periods October 15, 1998 through April 3Q, 1999 andlor Oct�ber 15, s 1999 through April 30, 2000. . _ � BY� � \ � 'a � I 1,w Approved b M y ro : Date °G B �� T� RESOLUTION CfTY OF SAINT PAUL, MINWESOTA Requested by Department of: � Form � �.L��i i /`y Director - �- Approved by Mayor for Submission to Council By; �� co,�� Fae n g�� o t Green Sheet i{ �� ° l t� Adopted by Council: Date �„�� \qq� Adoptip� Certified by Council Secretary � . _ 1 T.M.S./�2EAL ESTATE DIVISION Date: 7l23l97 Green Sheet Number: 39998 taM Petson and Yhone Nuinber. 2 EP • CTO 5 QTY COUNCII. Dave Nelson 266-8850 �;° w 1' A1TO1u r'j � `�'�` IIDGETDIRECTOR 3 FFiCEOFFINANCIAI,SVCS. ns[ 6e on Com�d Agenda by: 4 yOR (OR ASS[STAI�"n OTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATIJRE) CTION REQUESTED: To approve Lease Agreement PD/32 of 6.3 acres of vacant land at the State Fair Grounds for use as an impound lot. Ref: 1. Resolution for consideration; 2. Sample copy of Lease Agreement PD/32; 3. Photo showiug area to be leased. CONIMENDATTONS= APPROVE (A) OR AFJECT (R) ERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLIAWING: � 1. Has the person/firm ever worked under a contract for this depsrhnent? YES NO PLANNWC COFU9SS[ON A SfwPF ` . Has Utis perso��firm ever been a City employee? YES NO CI V Q, SER V ICE COMM6SION . Dces this persoNfirni possess a skiR nM normally possessed by any YES NO current CiTy employee? C� COMMITTEE ' all YES aaswers on a se arate sheet and attach. PORTS WFIICH COUNCIL OBJECTIVE? " COUNCIL WARD(S� d DISTRICT PLANNING COUNCIL � 2 IHITIATING PROBLEM, ISSfJF„ OPPORTIJIVITY (Who, Wl�at, When, Where, Why?): Police Department has seasonal need for additional storage space for impounded autos. VANTAGES IP APPROVED: �� Seasonal space need will be satisfied. . !3 7 ISADVANTAGES IF APPROVED: � �� None �= r � �� ISADVANTAGES IF NOT APPROVED: Police Department will have to �nd alteruative space. OTAL AMOLJNT OF TRANSACTION: $S9�4OO COSf/RTsVENUE BLIDGETED (CIRCLE ONE) YES NO ING SOURCE: 435-24050 ACTMTY NUMBER: 0281 ANCIAL INFORMATION: (IiXPLAI� (Pd32) Revised July 22, 1997 Authority (C.F.) LEASE NO. TMS DEPT. LEASE NO. PD/32 DATE: Julv 23. 1997 LESSOR: MIlVl�'ESOTA STATE FAII2 SOCIETY 1265 Snelling Aveuue North, Saint Paul, Mimiesota 55108-3099 LESSEE: CITY OF SAINT PAUL POLICE DEPAR'I'MENT Commencing Date {1} Leased Prenvses. 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," lying between Winston Street and vacated Aldine Street and between Como Avenue and vacated Wynne Avenue, known as Minnesota State Fair Grounds Block 56 as shown in Exhibit "A", attached photo, together with the fwo existing parking lot light fixtures located thereon. [2] 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) 6.5 months [3] [4] October 15, 1997 G �_��o� CITY OF SAINT PAUL STANDARD LEASE AGREEMENT Endirig Date April 30, 1998 LESSEE may, at its option, renew this Lease Agreement for the periods October 15, 1998 through April 30, 1999 andJor Octot�er 15, 1999 through Apri] 30, 2000. Use of Premises. The LESSEE shall use and occupy the Leased Premises for the following purpose: Vehicle impound lot and for no other purpose without the prior written consent of LESSOR. Reut. (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 following Payment Schedule: � . r a � _ ��o� Totai Rent Commencing Date Schedule $59,400 October 15, 1997 November 1, 1997 December 1, 1997 Januarv 1, 1998 February l, 1998 March 1, 1998 April 1, 1998 $5,100 $9,000 $9,300 $9,300 $8,400 $9300 $9,000 (B) Additionai Reut: The LESSEE shall pay to the LFSSOR the cost of any utilities supplied for the operations of an office trailer. LFSSEE shall make all payments of Basic and Additional Rent to LESSOR at the following address: 1265 Snelline Avenue North. Saint Paul, Minnesota 55108-3099 The applicable account number for City Finance Accounting Code is: [5] Ri�ht of Eutry. At all times during the term of this ]ease, the LESSOR shall have the right, by itself, its agents and employees, to enter into and upon the Leased Premises during reasonable business hours to examine and inspect the same, provided that such entry does not interfere with the conduct of official business or compromise security of the team station. [6] Iusurance. (A) LE5SOR'S Luurance. The LESSOR shall acquire and keep in effect during the term of this agreement the following coverages: (1) COMMERCIAL GENERAL LIABTLITY INSURANCE including blanket contractual liability coverage and personal injury liability coverage with a combined single limit of not less than $600,000 per occurrence. Such insurance shall (a) name the City of Saint Paul as additional insured; (b) be primary wirh respect to LESSEE'S insurance or self-insurance; contain a standazd cross liability endorsement; (d) contain no aggregate policy limit. Alternatively, LFSSOR may qualify as self-insured against tort claims under the ]aws of the State of Minnesota. (2) LESSOR shall supply to LFSSEE current insurance certificates for policies required in Paragraph (7}. The said certificates shall certify whether or not the agent has errors and omissions insurance coverage. (3) The limits cited under each insurance requirement above establish minimums; and it is the sole responsibility of the LESSOR to purchase and maintain additional insurance that may be necessary in relation to this lease. � .'. r �'1 — \\O� (4) Norhing in this contract shall consti[ute a waiver by the LESSEE of any statutory limits or exceptions on ]iability. (5) LFSSOR 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 LFSSEE on the date of LFSSEE'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 withoui first giving the LESSEE 30 days' written notice. (B) LESSEE`S 7nsurauce. The LESSEE shal] acquire during the term of this lease the following coverage: (1) The LESSEE shall be responsible for the self insurance of, or the acquisition of Commercial Properry Insurance on, its personal property. (2) The LFSSEfi is self-insured under the ]aws of the State of Minnesota for the purposes of tort claims against the LESSEE. (C) Waiver of Subrogation. LESSOR waives its right of subrogation for damage to the Building, contents therein, ]oss 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 andfor accounts re- ceivable, 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 parry shall immediately notify the other party, in writing. {7] Cancellatiou or Temunation. This lease shall be subject to canceilation 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 return to the LESSEE without interest any unearned rent that the LESSEE has paid in advance. [S] Norice. All notices herein provided to be given, or that may be given by either parry to the other, shall be�deemed to have been fully given when served personally on LESSOR or LFSSEE, or when made in writing and deposited in the United States Mail, certified and postage prepaid, and addressed to the LESSOR at the address stated on page (7) and to the bESSEE at the Real Estate Division, 14Q City Hall, Saint Paul, Minnesota 55102. The address to which the notice shail be mailed may be changed by written notice given by either party to the other. Nothing herein shall preciude the giving of such address change notice by personal service. [9) Assi�nmeut and Sublettiug. LESSEE shali not assign or sublet this Lease without the written consent oF the LESSOR, which consent must be obtained prior to the execution of any agreement to sublease the I.eased Premises. [10] Maintevance and Securit3'• LESSEE shall, at its own cost and expense, shall be responsible for securiry of the Leased Premises, and shall be responsible for snow removal. 3 l r ..� , �1-� jll] Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner termination of this lease, shall quit peacefully and sunender possession of said property and its appurtenances to LFSSOR in as good order and condition as the properry was delivered to the LESSEE. Lessee shall restore the Leased Premises to their original condition at the conclusion of the I.ease term. Restoration, if necessary, shall be completed by May 15, 1998. [12j Indemnity. The LESSOR agrees to indemnify, defend, save and hold hannless the Ciry of Saint Paul and any agenu, 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 condition of the premises. The LESSEE agrees to indemnify, defend, save and hold harmless the LESSOR 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 LFSSEE's use of the premises. [13j Aoldover. Any holdover after the expiration of the term of this I.ease shall be al]owed only after receiving ihe 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. [14] Pollutiou and Coutaminants. LESSOR agrees to compty 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 or ]iquid wastes. LESSOR shall bear atl cost and expense arising from compliance with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold harmless LESSEE from all liability, including without limitation, fines, forfeitures, and penalties arising from the failure by LBSSOR to comply with such ordinances, laws, rules or regulations. LESSEB has the right to perform cleanup and deduct such costs from the monthly rental payments should the LESSOR fail to comply. [15] Controlliug 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 property, it is agreed and understood that ihis Lease shall cancel and terminate any prior leases or rental agreements as of the effective date of this lease. [16j 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 fifteen (15) days' written notice to LESSEE; or (B) within fifteen (15) days agree to restore the premises within a reasonable time period foilowing 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 propor- tion of said L.eased Premises that aze in suitable condition for occupancy and are actually occupied by the LESSEE. 0 ..5 . at �1 -�� [17] Default Remedies. In the event the LESSOR fails to observe and perform any covenant or condition of agreement on its pan to be observed or performed as required by this I.ease and this failure persists for 3� days, the LESSEE may, at its election: (A) send notice to LFSSOR that self heip measures will be taken by LESSEE and charged to LESSOR, such charges to be deducted from subsequent payments of Basic and Additional Rent beginning with the rent next due and continuing, should the rent next due be insuffic- ient to reimburse the LESSEE'S expenditures, until such time as LFSSEE has been fully reimbursed for said expenditures and reasonable accrued interest; or (B) terminate this L.ease by giving not less than thirry 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. (C) Termination, as provided in this paragraph shall release the LFSSEE of any further obiigation to pay Base Rent or Additional Rent, as defined in Paragraph (4), to LESSOR or to LENDER. Any monies paid in advance for rental of the I.eased Premises subsequent to the date of termination shall be refundable to the LESSEE and shall be due on the date of termination. [18] Compliance with I,aws. 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 property is proposed to be put. The LESSOR shal] comply with all laws, rules, regutations or ordinances imposed by any jurisdiction affecting conduct on the property, and shall allow no violation of such laws, rules, regulations or ordinances by its agents or employees or by othertenants. [19] Lieus. Neither the LESSOR nor the LESSEE shall permit mechanic's liens or other liens to be filed or established or to remain against the 1,eased 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 LBSSOR and the LESSEE shali 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 harmless the LFSSEE from all claims, demands, actions or causes of action of whatsoever nature ar character arising out of or from any activities of LESSOR or persons or companies under its control and supervision. [20] Emineut Domain. In the event the entire Leased Premises are taken by eminent domain, or such portion thereof is so taken that in the LFSSEE'S reasonable judgment it is uneconomic or otherwise impractical thereafter to restore the L,eased Premises and proceed under the terms and provisions of this lease, LESSEE may terminate this Lease by giving to the LESSOR thirty days' written notice of termination, effective as of the date on which the condemning authority acquires legal title to or physical possession of the I,eased Premises. The LESSEE shall be entitled to its leasehold interest in all economic damages in the condemnation award. LESSEE may, to the extent otherwise permitted in the eminent domain proceeding, remove its own trade fixtures at its own expense. 5 5 � ..• � °l� - t l01 [21J LESSEE'S Obligations. The LESSEE will keep the Leased Premises clean and will not allow any condition to exist that would create a nuisance or hazard, or that would increase the rate of insurance on the L,eased Premises. LESSEE shall not waste or misuse water, gas, steam or any other utilities furnished by the LESSOR. LESSEE shall not, in any manner, deface or injure, or permit the defacing or injury of, said Leased Premises or any part thereof, or overload the floors. LFSSEE shall, at its own expense, repair any injury to the Leased Premises, other than ordinary wear and tear, that has occurred during the term of the lease. [22a Non-Disturbance in the Eveut of Chan�e of Owuership. In the event of the saie of the Leased Premises or foreclosure of the mortgage or any change of ownership by other means, the instrument of transfer shall bind the succeeding owner, as a direct ]ease between the succeeding owner and the LESSEE, to the covenants and obligations of LBSSQR as described in this Lease Agreement for the balance of the term of said lease. The holders of any mongages that predate this lease, upon succeeding the LESSOR as owners of the L,eased Premises, shall be bound as by a direct ]ease with the LESSEE to the covenants and obligations of LESSORS as described in this ]ease agreement. See Exhibit "D", attached hereto and by this reference made a part hereof. Upon assumption by the succeeding owner of said covenants and obligations, the LESSOR shall be relieved therefrom, provided, however, that the LFSSOR shall not be released from any claim resulting from a default of the LESSQR occurring prior to the date of such sale. LESSEE sha11 accept the succeeding owner as LFSSOR and shall adhere to all terms and conditions of the LESSEE as des�ribed in this Lease Agreement for the balance of the term of said lease. [23] Alteratiovs. The LESSEE may, at its own cost and expense, install temporary fencing, to be removed by April 30, 1998, at the west edge of the leased premises. LFSSEE may also, at its own cost and expense and with the prior approval of the LFSSOR, instail class V material only to the areas of existing road beds within the L.eased Premises. LFSSEE shall make no other aiterations to the Leased Premises without the written consent of the LESSOR, such consent not to be unreasonab3y withheld. If the LESSEE desires to make any such alterations, an accurate descripvon shall first be submitted to and approved by the LESSOIt and such alterations shall be done by the LESSEE at its own expense. All such work sha11 be performed under che LESSOR'S supervision and any improvements made to the Leased Premises at the LESSEE'S expense shall become the property of the LESSOR at the end of the L.ease period. LFSSEE agrees that all alterations will be done in a workmaniike manner and in conformance with applicable building codes, that the swctural integrity and building systems of the building will not be impaired, and that no liens will attach to the premises by reason thereof. �.� / Y� � a'1 `110� [24] LESSEE'S Signs. LESSEE may, at its own cost and expense, provide and install signage to identify the site; provided, however, that the size, design and manner of installation of said signage shall be subject to approval of the LFSSOR. [25J Office 1� LFSSEE may, at its own cost and expense, place an office trailer on the Leased Premises. The cost of urilities for such trailer shall be billed directiy to the LFSSEE for payment. Said trailer shal] be removed from the Leased Premises by May I5, 1998. [26] LESSEE'S Persoual Property. LESSOR shall have no obligation to repair or maintain any personal properry or equipment brought into the Leased Premises or installed therein by LFSSEE for LFSSEE'S purposes, and LESSEE shall be permitted to remove said personal properry upon the termination of this Lease. LESSEE shalJ, at its own expense repair any damage to the Leased Premises caused or created by the instal]ation or removal of said personal property. [27} Ameuded. Anything herein contained to the contrary notwithstanding, this L.ease may be terminated, and the provisions of this L.ease may be, in writing, amended by mutuat consent of the parties hereto. 7 .. � i • � c 9.'1 ��n� IN WITIVESS WHEREOF, the parties hereto have set their hands and seals the day and year in this L.ease first above-written. Mayor City Clerk Director of Technology and Management Services Department Director Ciry Attorney (Form Approval) LESSOR Its F IW Il� � ,.d• ::� T ?� , :;'; 1 z • . -� � }-�.v � Z _.� s' jr.Y ,� � i'- v) ��' /� 1r _4 '� ii4 :�"' " -._�.._.''� �t�t7/sy+�� _ r. ; „ ,� .. _ _ -- __ _ ,tb:_ ^ _ �. — - � �; - �.: - - " — • ..�.- _. ::, , ,�� f� •{` �l.^� n� ' � ; . .:% ,. �� l��lpr ta! ; - ` .` • � ' _-� . . � ►' � .e� 1. I�! ;; -. � � � '' 1l�. I�...,."a; y� • :,:��,; ; ` --�-__ . R �1�4 �� '"' �ti 1 7 K \ .�� t � .. L � � ; i .�� k. �, .� ! ��ii�--�. �ii Return copy to: Reai Estate Division 140 City Hall r.�tea sy Referred To Cwnmit[ee: Date i BE IT RESOLVED, that the proper City officials are hereby authorized and directed to execute 2 L.ease Agreement PDl32 with the Minnesota State Fair Society to provide seasonal storage for s impounded vehicles on a 6.3 acre site at the State Fair Grounds from Octoher 15, 1947 through April a 3�, 1998, renewable for the periods October 15, 1998 through April 3Q, 1999 andlor Oct�ber 15, s 1999 through April 30, 2000. . _ � BY� � \ � 'a � I 1,w Approved b M y ro : Date °G B �� T� RESOLUTION CfTY OF SAINT PAUL, MINWESOTA Requested by Department of: � Form � �.L��i i /`y Director - �- Approved by Mayor for Submission to Council By; �� co,�� Fae n g�� o t Green Sheet i{ �� ° l t� Adopted by Council: Date �„�� \qq� Adoptip� Certified by Council Secretary � . _ 1 T.M.S./�2EAL ESTATE DIVISION Date: 7l23l97 Green Sheet Number: 39998 taM Petson and Yhone Nuinber. 2 EP • CTO 5 QTY COUNCII. Dave Nelson 266-8850 �;° w 1' A1TO1u r'j � `�'�` IIDGETDIRECTOR 3 FFiCEOFFINANCIAI,SVCS. ns[ 6e on Com�d Agenda by: 4 yOR (OR ASS[STAI�"n OTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATIJRE) CTION REQUESTED: To approve Lease Agreement PD/32 of 6.3 acres of vacant land at the State Fair Grounds for use as an impound lot. Ref: 1. Resolution for consideration; 2. Sample copy of Lease Agreement PD/32; 3. Photo showiug area to be leased. CONIMENDATTONS= APPROVE (A) OR AFJECT (R) ERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLIAWING: � 1. Has the person/firm ever worked under a contract for this depsrhnent? YES NO PLANNWC COFU9SS[ON A SfwPF ` . Has Utis perso��firm ever been a City employee? YES NO CI V Q, SER V ICE COMM6SION . Dces this persoNfirni possess a skiR nM normally possessed by any YES NO current CiTy employee? C� COMMITTEE ' all YES aaswers on a se arate sheet and attach. PORTS WFIICH COUNCIL OBJECTIVE? " COUNCIL WARD(S� d DISTRICT PLANNING COUNCIL � 2 IHITIATING PROBLEM, ISSfJF„ OPPORTIJIVITY (Who, Wl�at, When, Where, Why?): Police Department has seasonal need for additional storage space for impounded autos. VANTAGES IP APPROVED: �� Seasonal space need will be satisfied. . !3 7 ISADVANTAGES IF APPROVED: � �� None �= r � �� ISADVANTAGES IF NOT APPROVED: Police Department will have to �nd alteruative space. OTAL AMOLJNT OF TRANSACTION: $S9�4OO COSf/RTsVENUE BLIDGETED (CIRCLE ONE) YES NO ING SOURCE: 435-24050 ACTMTY NUMBER: 0281 ANCIAL INFORMATION: (IiXPLAI� (Pd32) Revised July 22, 1997 Authority (C.F.) LEASE NO. TMS DEPT. LEASE NO. PD/32 DATE: Julv 23. 1997 LESSOR: MIlVl�'ESOTA STATE FAII2 SOCIETY 1265 Snelling Aveuue North, Saint Paul, Mimiesota 55108-3099 LESSEE: CITY OF SAINT PAUL POLICE DEPAR'I'MENT Commencing Date {1} Leased Prenvses. 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," lying between Winston Street and vacated Aldine Street and between Como Avenue and vacated Wynne Avenue, known as Minnesota State Fair Grounds Block 56 as shown in Exhibit "A", attached photo, together with the fwo existing parking lot light fixtures located thereon. [2] 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) 6.5 months [3] [4] October 15, 1997 G �_��o� CITY OF SAINT PAUL STANDARD LEASE AGREEMENT Endirig Date April 30, 1998 LESSEE may, at its option, renew this Lease Agreement for the periods October 15, 1998 through April 30, 1999 andJor Octot�er 15, 1999 through Apri] 30, 2000. Use of Premises. The LESSEE shall use and occupy the Leased Premises for the following purpose: Vehicle impound lot and for no other purpose without the prior written consent of LESSOR. Reut. (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 following Payment Schedule: � . r a � _ ��o� Totai Rent Commencing Date Schedule $59,400 October 15, 1997 November 1, 1997 December 1, 1997 Januarv 1, 1998 February l, 1998 March 1, 1998 April 1, 1998 $5,100 $9,000 $9,300 $9,300 $8,400 $9300 $9,000 (B) Additionai Reut: The LESSEE shall pay to the LFSSOR the cost of any utilities supplied for the operations of an office trailer. LFSSEE shall make all payments of Basic and Additional Rent to LESSOR at the following address: 1265 Snelline Avenue North. Saint Paul, Minnesota 55108-3099 The applicable account number for City Finance Accounting Code is: [5] Ri�ht of Eutry. At all times during the term of this ]ease, the LESSOR shall have the right, by itself, its agents and employees, to enter into and upon the Leased Premises during reasonable business hours to examine and inspect the same, provided that such entry does not interfere with the conduct of official business or compromise security of the team station. [6] Iusurance. (A) LE5SOR'S Luurance. The LESSOR shall acquire and keep in effect during the term of this agreement the following coverages: (1) COMMERCIAL GENERAL LIABTLITY INSURANCE including blanket contractual liability coverage and personal injury liability coverage with a combined single limit of not less than $600,000 per occurrence. Such insurance shall (a) name the City of Saint Paul as additional insured; (b) be primary wirh respect to LESSEE'S insurance or self-insurance; contain a standazd cross liability endorsement; (d) contain no aggregate policy limit. Alternatively, LFSSOR may qualify as self-insured against tort claims under the ]aws of the State of Minnesota. (2) LESSOR shall supply to LFSSEE current insurance certificates for policies required in Paragraph (7}. The said certificates shall certify whether or not the agent has errors and omissions insurance coverage. (3) The limits cited under each insurance requirement above establish minimums; and it is the sole responsibility of the LESSOR to purchase and maintain additional insurance that may be necessary in relation to this lease. � .'. r �'1 — \\O� (4) Norhing in this contract shall consti[ute a waiver by the LESSEE of any statutory limits or exceptions on ]iability. (5) LFSSOR 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 LFSSEE on the date of LFSSEE'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 withoui first giving the LESSEE 30 days' written notice. (B) LESSEE`S 7nsurauce. The LESSEE shal] acquire during the term of this lease the following coverage: (1) The LESSEE shall be responsible for the self insurance of, or the acquisition of Commercial Properry Insurance on, its personal property. (2) The LFSSEfi is self-insured under the ]aws of the State of Minnesota for the purposes of tort claims against the LESSEE. (C) Waiver of Subrogation. LESSOR waives its right of subrogation for damage to the Building, contents therein, ]oss 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 andfor accounts re- ceivable, 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 parry shall immediately notify the other party, in writing. {7] Cancellatiou or Temunation. This lease shall be subject to canceilation 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 return to the LESSEE without interest any unearned rent that the LESSEE has paid in advance. [S] Norice. All notices herein provided to be given, or that may be given by either parry to the other, shall be�deemed to have been fully given when served personally on LESSOR or LFSSEE, or when made in writing and deposited in the United States Mail, certified and postage prepaid, and addressed to the LESSOR at the address stated on page (7) and to the bESSEE at the Real Estate Division, 14Q City Hall, Saint Paul, Minnesota 55102. The address to which the notice shail be mailed may be changed by written notice given by either party to the other. Nothing herein shall preciude the giving of such address change notice by personal service. [9) Assi�nmeut and Sublettiug. LESSEE shali not assign or sublet this Lease without the written consent oF the LESSOR, which consent must be obtained prior to the execution of any agreement to sublease the I.eased Premises. [10] Maintevance and Securit3'• LESSEE shall, at its own cost and expense, shall be responsible for securiry of the Leased Premises, and shall be responsible for snow removal. 3 l r ..� , �1-� jll] Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner termination of this lease, shall quit peacefully and sunender possession of said property and its appurtenances to LFSSOR in as good order and condition as the properry was delivered to the LESSEE. Lessee shall restore the Leased Premises to their original condition at the conclusion of the I.ease term. Restoration, if necessary, shall be completed by May 15, 1998. [12j Indemnity. The LESSOR agrees to indemnify, defend, save and hold hannless the Ciry of Saint Paul and any agenu, 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 condition of the premises. The LESSEE agrees to indemnify, defend, save and hold harmless the LESSOR 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 LFSSEE's use of the premises. [13j Aoldover. Any holdover after the expiration of the term of this I.ease shall be al]owed only after receiving ihe 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. [14] Pollutiou and Coutaminants. LESSOR agrees to compty 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 or ]iquid wastes. LESSOR shall bear atl cost and expense arising from compliance with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold harmless LESSEE from all liability, including without limitation, fines, forfeitures, and penalties arising from the failure by LBSSOR to comply with such ordinances, laws, rules or regulations. LESSEB has the right to perform cleanup and deduct such costs from the monthly rental payments should the LESSOR fail to comply. [15] Controlliug 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 property, it is agreed and understood that ihis Lease shall cancel and terminate any prior leases or rental agreements as of the effective date of this lease. [16j 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 fifteen (15) days' written notice to LESSEE; or (B) within fifteen (15) days agree to restore the premises within a reasonable time period foilowing 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 propor- tion of said L.eased Premises that aze in suitable condition for occupancy and are actually occupied by the LESSEE. 0 ..5 . at �1 -�� [17] Default Remedies. In the event the LESSOR fails to observe and perform any covenant or condition of agreement on its pan to be observed or performed as required by this I.ease and this failure persists for 3� days, the LESSEE may, at its election: (A) send notice to LFSSOR that self heip measures will be taken by LESSEE and charged to LESSOR, such charges to be deducted from subsequent payments of Basic and Additional Rent beginning with the rent next due and continuing, should the rent next due be insuffic- ient to reimburse the LESSEE'S expenditures, until such time as LFSSEE has been fully reimbursed for said expenditures and reasonable accrued interest; or (B) terminate this L.ease by giving not less than thirry 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. (C) Termination, as provided in this paragraph shall release the LFSSEE of any further obiigation to pay Base Rent or Additional Rent, as defined in Paragraph (4), to LESSOR or to LENDER. Any monies paid in advance for rental of the I.eased Premises subsequent to the date of termination shall be refundable to the LESSEE and shall be due on the date of termination. [18] Compliance with I,aws. 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 property is proposed to be put. The LESSOR shal] comply with all laws, rules, regutations or ordinances imposed by any jurisdiction affecting conduct on the property, and shall allow no violation of such laws, rules, regulations or ordinances by its agents or employees or by othertenants. [19] Lieus. Neither the LESSOR nor the LESSEE shall permit mechanic's liens or other liens to be filed or established or to remain against the 1,eased 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 LBSSOR and the LESSEE shali 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 harmless the LFSSEE from all claims, demands, actions or causes of action of whatsoever nature ar character arising out of or from any activities of LESSOR or persons or companies under its control and supervision. [20] Emineut Domain. In the event the entire Leased Premises are taken by eminent domain, or such portion thereof is so taken that in the LFSSEE'S reasonable judgment it is uneconomic or otherwise impractical thereafter to restore the L,eased Premises and proceed under the terms and provisions of this lease, LESSEE may terminate this Lease by giving to the LESSOR thirty days' written notice of termination, effective as of the date on which the condemning authority acquires legal title to or physical possession of the I,eased Premises. The LESSEE shall be entitled to its leasehold interest in all economic damages in the condemnation award. LESSEE may, to the extent otherwise permitted in the eminent domain proceeding, remove its own trade fixtures at its own expense. 5 5 � ..• � °l� - t l01 [21J LESSEE'S Obligations. The LESSEE will keep the Leased Premises clean and will not allow any condition to exist that would create a nuisance or hazard, or that would increase the rate of insurance on the L,eased Premises. LESSEE shall not waste or misuse water, gas, steam or any other utilities furnished by the LESSOR. LESSEE shall not, in any manner, deface or injure, or permit the defacing or injury of, said Leased Premises or any part thereof, or overload the floors. LFSSEE shall, at its own expense, repair any injury to the Leased Premises, other than ordinary wear and tear, that has occurred during the term of the lease. [22a Non-Disturbance in the Eveut of Chan�e of Owuership. In the event of the saie of the Leased Premises or foreclosure of the mortgage or any change of ownership by other means, the instrument of transfer shall bind the succeeding owner, as a direct ]ease between the succeeding owner and the LESSEE, to the covenants and obligations of LBSSQR as described in this Lease Agreement for the balance of the term of said lease. The holders of any mongages that predate this lease, upon succeeding the LESSOR as owners of the L,eased Premises, shall be bound as by a direct ]ease with the LESSEE to the covenants and obligations of LESSORS as described in this ]ease agreement. See Exhibit "D", attached hereto and by this reference made a part hereof. Upon assumption by the succeeding owner of said covenants and obligations, the LESSOR shall be relieved therefrom, provided, however, that the LFSSOR shall not be released from any claim resulting from a default of the LESSQR occurring prior to the date of such sale. LESSEE sha11 accept the succeeding owner as LFSSOR and shall adhere to all terms and conditions of the LESSEE as des�ribed in this Lease Agreement for the balance of the term of said lease. [23] Alteratiovs. The LESSEE may, at its own cost and expense, install temporary fencing, to be removed by April 30, 1998, at the west edge of the leased premises. LFSSEE may also, at its own cost and expense and with the prior approval of the LFSSOR, instail class V material only to the areas of existing road beds within the L.eased Premises. LFSSEE shall make no other aiterations to the Leased Premises without the written consent of the LESSOR, such consent not to be unreasonab3y withheld. If the LESSEE desires to make any such alterations, an accurate descripvon shall first be submitted to and approved by the LESSOIt and such alterations shall be done by the LESSEE at its own expense. All such work sha11 be performed under che LESSOR'S supervision and any improvements made to the Leased Premises at the LESSEE'S expense shall become the property of the LESSOR at the end of the L.ease period. LFSSEE agrees that all alterations will be done in a workmaniike manner and in conformance with applicable building codes, that the swctural integrity and building systems of the building will not be impaired, and that no liens will attach to the premises by reason thereof. �.� / Y� � a'1 `110� [24] LESSEE'S Signs. LESSEE may, at its own cost and expense, provide and install signage to identify the site; provided, however, that the size, design and manner of installation of said signage shall be subject to approval of the LFSSOR. [25J Office 1� LFSSEE may, at its own cost and expense, place an office trailer on the Leased Premises. The cost of urilities for such trailer shall be billed directiy to the LFSSEE for payment. Said trailer shal] be removed from the Leased Premises by May I5, 1998. [26] LESSEE'S Persoual Property. LESSOR shall have no obligation to repair or maintain any personal properry or equipment brought into the Leased Premises or installed therein by LFSSEE for LFSSEE'S purposes, and LESSEE shall be permitted to remove said personal properry upon the termination of this Lease. LESSEE shalJ, at its own expense repair any damage to the Leased Premises caused or created by the instal]ation or removal of said personal property. [27} Ameuded. Anything herein contained to the contrary notwithstanding, this L.ease may be terminated, and the provisions of this L.ease may be, in writing, amended by mutuat consent of the parties hereto. 7 .. � i • � c 9.'1 ��n� IN WITIVESS WHEREOF, the parties hereto have set their hands and seals the day and year in this L.ease first above-written. Mayor City Clerk Director of Technology and Management Services Department Director Ciry Attorney (Form Approval) LESSOR Its F IW Il� � ,.d• ::� T ?� , :;'; 1 z • . -� � }-�.v � Z _.� s' jr.Y ,� � i'- v) ��' /� 1r _4 '� ii4 :�"' " -._�.._.''� �t�t7/sy+�� _ r. ; „ ,� .. _ _ -- __ _ ,tb:_ ^ _ �. — - � �; - �.: - - " — • ..�.- _. ::, , ,�� f� •{` �l.^� n� ' � ; . .:% ,. �� l��lpr ta! ; - ` .` • � ' _-� . . � ►' � .e� 1. I�! ;; -. � � � '' 1l�. I�...,."a; y� • :,:��,; ; ` --�-__ . R �1�4 �� '"' �ti 1 7 K \ .�� t � .. L � � ; i .�� k. �, .� ! ��ii�--�. �ii Return copy to: Reai Estate Division 140 City Hall r.�tea sy Referred To Cwnmit[ee: Date i BE IT RESOLVED, that the proper City officials are hereby authorized and directed to execute 2 L.ease Agreement PDl32 with the Minnesota State Fair Society to provide seasonal storage for s impounded vehicles on a 6.3 acre site at the State Fair Grounds from Octoher 15, 1947 through April a 3�, 1998, renewable for the periods October 15, 1998 through April 3Q, 1999 andlor Oct�ber 15, s 1999 through April 30, 2000. . _ � BY� � \ � 'a � I 1,w Approved b M y ro : Date °G B �� T� RESOLUTION CfTY OF SAINT PAUL, MINWESOTA Requested by Department of: � Form � �.L��i i /`y Director - �- Approved by Mayor for Submission to Council By; �� co,�� Fae n g�� o t Green Sheet i{ �� ° l t� Adopted by Council: Date �„�� \qq� Adoptip� Certified by Council Secretary � . _ 1 T.M.S./�2EAL ESTATE DIVISION Date: 7l23l97 Green Sheet Number: 39998 taM Petson and Yhone Nuinber. 2 EP • CTO 5 QTY COUNCII. Dave Nelson 266-8850 �;° w 1' A1TO1u r'j � `�'�` IIDGETDIRECTOR 3 FFiCEOFFINANCIAI,SVCS. ns[ 6e on Com�d Agenda by: 4 yOR (OR ASS[STAI�"n OTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATIJRE) CTION REQUESTED: To approve Lease Agreement PD/32 of 6.3 acres of vacant land at the State Fair Grounds for use as an impound lot. Ref: 1. Resolution for consideration; 2. Sample copy of Lease Agreement PD/32; 3. Photo showiug area to be leased. CONIMENDATTONS= APPROVE (A) OR AFJECT (R) ERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLIAWING: � 1. Has the person/firm ever worked under a contract for this depsrhnent? YES NO PLANNWC COFU9SS[ON A SfwPF ` . Has Utis perso��firm ever been a City employee? YES NO CI V Q, SER V ICE COMM6SION . Dces this persoNfirni possess a skiR nM normally possessed by any YES NO current CiTy employee? C� COMMITTEE ' all YES aaswers on a se arate sheet and attach. PORTS WFIICH COUNCIL OBJECTIVE? " COUNCIL WARD(S� d DISTRICT PLANNING COUNCIL � 2 IHITIATING PROBLEM, ISSfJF„ OPPORTIJIVITY (Who, Wl�at, When, Where, Why?): Police Department has seasonal need for additional storage space for impounded autos. VANTAGES IP APPROVED: �� Seasonal space need will be satisfied. . !3 7 ISADVANTAGES IF APPROVED: � �� None �= r � �� ISADVANTAGES IF NOT APPROVED: Police Department will have to �nd alteruative space. OTAL AMOLJNT OF TRANSACTION: $S9�4OO COSf/RTsVENUE BLIDGETED (CIRCLE ONE) YES NO ING SOURCE: 435-24050 ACTMTY NUMBER: 0281 ANCIAL INFORMATION: (IiXPLAI� (Pd32) Revised July 22, 1997 Authority (C.F.) LEASE NO. TMS DEPT. LEASE NO. PD/32 DATE: Julv 23. 1997 LESSOR: MIlVl�'ESOTA STATE FAII2 SOCIETY 1265 Snelling Aveuue North, Saint Paul, Mimiesota 55108-3099 LESSEE: CITY OF SAINT PAUL POLICE DEPAR'I'MENT Commencing Date {1} Leased Prenvses. 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," lying between Winston Street and vacated Aldine Street and between Como Avenue and vacated Wynne Avenue, known as Minnesota State Fair Grounds Block 56 as shown in Exhibit "A", attached photo, together with the fwo existing parking lot light fixtures located thereon. [2] 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) 6.5 months [3] [4] October 15, 1997 G �_��o� CITY OF SAINT PAUL STANDARD LEASE AGREEMENT Endirig Date April 30, 1998 LESSEE may, at its option, renew this Lease Agreement for the periods October 15, 1998 through April 30, 1999 andJor Octot�er 15, 1999 through Apri] 30, 2000. Use of Premises. The LESSEE shall use and occupy the Leased Premises for the following purpose: Vehicle impound lot and for no other purpose without the prior written consent of LESSOR. Reut. (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 following Payment Schedule: � . r a � _ ��o� Totai Rent Commencing Date Schedule $59,400 October 15, 1997 November 1, 1997 December 1, 1997 Januarv 1, 1998 February l, 1998 March 1, 1998 April 1, 1998 $5,100 $9,000 $9,300 $9,300 $8,400 $9300 $9,000 (B) Additionai Reut: The LESSEE shall pay to the LFSSOR the cost of any utilities supplied for the operations of an office trailer. LFSSEE shall make all payments of Basic and Additional Rent to LESSOR at the following address: 1265 Snelline Avenue North. Saint Paul, Minnesota 55108-3099 The applicable account number for City Finance Accounting Code is: [5] Ri�ht of Eutry. At all times during the term of this ]ease, the LESSOR shall have the right, by itself, its agents and employees, to enter into and upon the Leased Premises during reasonable business hours to examine and inspect the same, provided that such entry does not interfere with the conduct of official business or compromise security of the team station. [6] Iusurance. (A) LE5SOR'S Luurance. The LESSOR shall acquire and keep in effect during the term of this agreement the following coverages: (1) COMMERCIAL GENERAL LIABTLITY INSURANCE including blanket contractual liability coverage and personal injury liability coverage with a combined single limit of not less than $600,000 per occurrence. Such insurance shall (a) name the City of Saint Paul as additional insured; (b) be primary wirh respect to LESSEE'S insurance or self-insurance; contain a standazd cross liability endorsement; (d) contain no aggregate policy limit. Alternatively, LFSSOR may qualify as self-insured against tort claims under the ]aws of the State of Minnesota. (2) LESSOR shall supply to LFSSEE current insurance certificates for policies required in Paragraph (7}. The said certificates shall certify whether or not the agent has errors and omissions insurance coverage. (3) The limits cited under each insurance requirement above establish minimums; and it is the sole responsibility of the LESSOR to purchase and maintain additional insurance that may be necessary in relation to this lease. � .'. r �'1 — \\O� (4) Norhing in this contract shall consti[ute a waiver by the LESSEE of any statutory limits or exceptions on ]iability. (5) LFSSOR 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 LFSSEE on the date of LFSSEE'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 withoui first giving the LESSEE 30 days' written notice. (B) LESSEE`S 7nsurauce. The LESSEE shal] acquire during the term of this lease the following coverage: (1) The LESSEE shall be responsible for the self insurance of, or the acquisition of Commercial Properry Insurance on, its personal property. (2) The LFSSEfi is self-insured under the ]aws of the State of Minnesota for the purposes of tort claims against the LESSEE. (C) Waiver of Subrogation. LESSOR waives its right of subrogation for damage to the Building, contents therein, ]oss 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 andfor accounts re- ceivable, 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 parry shall immediately notify the other party, in writing. {7] Cancellatiou or Temunation. This lease shall be subject to canceilation 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 return to the LESSEE without interest any unearned rent that the LESSEE has paid in advance. [S] Norice. All notices herein provided to be given, or that may be given by either parry to the other, shall be�deemed to have been fully given when served personally on LESSOR or LFSSEE, or when made in writing and deposited in the United States Mail, certified and postage prepaid, and addressed to the LESSOR at the address stated on page (7) and to the bESSEE at the Real Estate Division, 14Q City Hall, Saint Paul, Minnesota 55102. The address to which the notice shail be mailed may be changed by written notice given by either party to the other. Nothing herein shall preciude the giving of such address change notice by personal service. [9) Assi�nmeut and Sublettiug. LESSEE shali not assign or sublet this Lease without the written consent oF the LESSOR, which consent must be obtained prior to the execution of any agreement to sublease the I.eased Premises. [10] Maintevance and Securit3'• LESSEE shall, at its own cost and expense, shall be responsible for securiry of the Leased Premises, and shall be responsible for snow removal. 3 l r ..� , �1-� jll] Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner termination of this lease, shall quit peacefully and sunender possession of said property and its appurtenances to LFSSOR in as good order and condition as the properry was delivered to the LESSEE. Lessee shall restore the Leased Premises to their original condition at the conclusion of the I.ease term. Restoration, if necessary, shall be completed by May 15, 1998. [12j Indemnity. The LESSOR agrees to indemnify, defend, save and hold hannless the Ciry of Saint Paul and any agenu, 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 condition of the premises. The LESSEE agrees to indemnify, defend, save and hold harmless the LESSOR 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 LFSSEE's use of the premises. [13j Aoldover. Any holdover after the expiration of the term of this I.ease shall be al]owed only after receiving ihe 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. [14] Pollutiou and Coutaminants. LESSOR agrees to compty 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 or ]iquid wastes. LESSOR shall bear atl cost and expense arising from compliance with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold harmless LESSEE from all liability, including without limitation, fines, forfeitures, and penalties arising from the failure by LBSSOR to comply with such ordinances, laws, rules or regulations. LESSEB has the right to perform cleanup and deduct such costs from the monthly rental payments should the LESSOR fail to comply. [15] Controlliug 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 property, it is agreed and understood that ihis Lease shall cancel and terminate any prior leases or rental agreements as of the effective date of this lease. [16j 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 fifteen (15) days' written notice to LESSEE; or (B) within fifteen (15) days agree to restore the premises within a reasonable time period foilowing 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 propor- tion of said L.eased Premises that aze in suitable condition for occupancy and are actually occupied by the LESSEE. 0 ..5 . at �1 -�� [17] Default Remedies. In the event the LESSOR fails to observe and perform any covenant or condition of agreement on its pan to be observed or performed as required by this I.ease and this failure persists for 3� days, the LESSEE may, at its election: (A) send notice to LFSSOR that self heip measures will be taken by LESSEE and charged to LESSOR, such charges to be deducted from subsequent payments of Basic and Additional Rent beginning with the rent next due and continuing, should the rent next due be insuffic- ient to reimburse the LESSEE'S expenditures, until such time as LFSSEE has been fully reimbursed for said expenditures and reasonable accrued interest; or (B) terminate this L.ease by giving not less than thirry 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. (C) Termination, as provided in this paragraph shall release the LFSSEE of any further obiigation to pay Base Rent or Additional Rent, as defined in Paragraph (4), to LESSOR or to LENDER. Any monies paid in advance for rental of the I.eased Premises subsequent to the date of termination shall be refundable to the LESSEE and shall be due on the date of termination. [18] Compliance with I,aws. 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 property is proposed to be put. The LESSOR shal] comply with all laws, rules, regutations or ordinances imposed by any jurisdiction affecting conduct on the property, and shall allow no violation of such laws, rules, regulations or ordinances by its agents or employees or by othertenants. [19] Lieus. Neither the LESSOR nor the LESSEE shall permit mechanic's liens or other liens to be filed or established or to remain against the 1,eased 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 LBSSOR and the LESSEE shali 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 harmless the LFSSEE from all claims, demands, actions or causes of action of whatsoever nature ar character arising out of or from any activities of LESSOR or persons or companies under its control and supervision. [20] Emineut Domain. In the event the entire Leased Premises are taken by eminent domain, or such portion thereof is so taken that in the LFSSEE'S reasonable judgment it is uneconomic or otherwise impractical thereafter to restore the L,eased Premises and proceed under the terms and provisions of this lease, LESSEE may terminate this Lease by giving to the LESSOR thirty days' written notice of termination, effective as of the date on which the condemning authority acquires legal title to or physical possession of the I,eased Premises. The LESSEE shall be entitled to its leasehold interest in all economic damages in the condemnation award. LESSEE may, to the extent otherwise permitted in the eminent domain proceeding, remove its own trade fixtures at its own expense. 5 5 � ..• � °l� - t l01 [21J LESSEE'S Obligations. The LESSEE will keep the Leased Premises clean and will not allow any condition to exist that would create a nuisance or hazard, or that would increase the rate of insurance on the L,eased Premises. LESSEE shall not waste or misuse water, gas, steam or any other utilities furnished by the LESSOR. LESSEE shall not, in any manner, deface or injure, or permit the defacing or injury of, said Leased Premises or any part thereof, or overload the floors. LFSSEE shall, at its own expense, repair any injury to the Leased Premises, other than ordinary wear and tear, that has occurred during the term of the lease. [22a Non-Disturbance in the Eveut of Chan�e of Owuership. In the event of the saie of the Leased Premises or foreclosure of the mortgage or any change of ownership by other means, the instrument of transfer shall bind the succeeding owner, as a direct ]ease between the succeeding owner and the LESSEE, to the covenants and obligations of LBSSQR as described in this Lease Agreement for the balance of the term of said lease. The holders of any mongages that predate this lease, upon succeeding the LESSOR as owners of the L,eased Premises, shall be bound as by a direct ]ease with the LESSEE to the covenants and obligations of LESSORS as described in this ]ease agreement. See Exhibit "D", attached hereto and by this reference made a part hereof. Upon assumption by the succeeding owner of said covenants and obligations, the LESSOR shall be relieved therefrom, provided, however, that the LFSSOR shall not be released from any claim resulting from a default of the LESSQR occurring prior to the date of such sale. LESSEE sha11 accept the succeeding owner as LFSSOR and shall adhere to all terms and conditions of the LESSEE as des�ribed in this Lease Agreement for the balance of the term of said lease. [23] Alteratiovs. The LESSEE may, at its own cost and expense, install temporary fencing, to be removed by April 30, 1998, at the west edge of the leased premises. LFSSEE may also, at its own cost and expense and with the prior approval of the LFSSOR, instail class V material only to the areas of existing road beds within the L.eased Premises. LFSSEE shall make no other aiterations to the Leased Premises without the written consent of the LESSOR, such consent not to be unreasonab3y withheld. If the LESSEE desires to make any such alterations, an accurate descripvon shall first be submitted to and approved by the LESSOIt and such alterations shall be done by the LESSEE at its own expense. All such work sha11 be performed under che LESSOR'S supervision and any improvements made to the Leased Premises at the LESSEE'S expense shall become the property of the LESSOR at the end of the L.ease period. LFSSEE agrees that all alterations will be done in a workmaniike manner and in conformance with applicable building codes, that the swctural integrity and building systems of the building will not be impaired, and that no liens will attach to the premises by reason thereof. �.� / Y� � a'1 `110� [24] LESSEE'S Signs. LESSEE may, at its own cost and expense, provide and install signage to identify the site; provided, however, that the size, design and manner of installation of said signage shall be subject to approval of the LFSSOR. [25J Office 1� LFSSEE may, at its own cost and expense, place an office trailer on the Leased Premises. The cost of urilities for such trailer shall be billed directiy to the LFSSEE for payment. Said trailer shal] be removed from the Leased Premises by May I5, 1998. [26] LESSEE'S Persoual Property. LESSOR shall have no obligation to repair or maintain any personal properry or equipment brought into the Leased Premises or installed therein by LFSSEE for LFSSEE'S purposes, and LESSEE shall be permitted to remove said personal properry upon the termination of this Lease. LESSEE shalJ, at its own expense repair any damage to the Leased Premises caused or created by the instal]ation or removal of said personal property. [27} Ameuded. Anything herein contained to the contrary notwithstanding, this L.ease may be terminated, and the provisions of this L.ease may be, in writing, amended by mutuat consent of the parties hereto. 7 .. � i • � c 9.'1 ��n� IN WITIVESS WHEREOF, the parties hereto have set their hands and seals the day and year in this L.ease first above-written. Mayor City Clerk Director of Technology and Management Services Department Director Ciry Attorney (Form Approval) LESSOR Its F IW Il� � ,.d• ::� T ?� , :;'; 1 z • . -� � }-�.v � Z _.� s' jr.Y ,� � i'- v) ��' /� 1r _4 '� ii4 :�"' " -._�.._.''� �t�t7/sy+�� _ r. ; „ ,� .. _ _ -- __ _ ,tb:_ ^ _ �. — - � �; - �.: - - " — • ..�.- _. ::, , ,�� f� •{` �l.^� n� ' � ; . .:% ,. �� l��lpr ta! ; - ` .` • � ' _-� . . � ►' � .e� 1. I�! ;; -. � � � '' 1l�. I�...,."a; y� • :,:��,; ; ` --�-__ . R �1�4 �� '"' �ti 1 7 K \ .�� t � .. L � � ; i .�� k. �, .� ! ��ii�--�. �ii