The URL can be used to link to this page

97-545�s ��7i � � � �-: vi ��; ,. ��°� t� Presented By: Referred To: i z 3 ¢ 5 6 7 8 9 10 17 12 13 'f4 15 76 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Council File # � -�S Green Sheet # 30018 � Committee: Date Resolved, that the proper City officiais are hereby authorized and directed to execute an agreement with the Salvation Army for the purpose of renting space to the Salvation Army for use as an Emergency Disasier Service Center, a copy of said agreement to be kept on file and of record in the Office of Financial Services. Adopted by Councii: Date � Adoption Certified by Council 3"e etary: BY� a ,� � � Approved by M r: Date ! j� 2�4 � Sy: — `� -- 1. RESOLUTION !AINT PAUL, MINNESOTA Requested by Department ofi Fire & Safety S rvices B� � Appr al Recommended by Bud irector: By: ��, Y�r- Form A�by C A orney: c BY� .��/�d��+°�� t �-<c� 9 7 Approved by Mayor for ubmission to Council: By: "�� n _ t�tr naeua�vrio c&coma nnreumna�rm . � � —�/�� F'veezsafet 4J9/97 GREEN SH T NO. 30018 CONfACfPERFON&PHONE �1 DEPARTMENTDIlfE �4 QiYCOUNCd AssishntChiefAlBataglia228-6212 �i crsrarroar�rRi.t `1–�P"i'l � rnrccacx MIISIBEONCAUNCII,AGENDABY�ATt) � H[IDC�TDIItECl'OM � FIN..kMGf.SfltVICFSDIR MAYDR(ORASS751' � CFIIEFACCOtINl'ANT TOTAL # OF SIGNATfJRE PAGE5 (CLIP ALL LOCATIONS FOR SIGNATURE) cnor�t�RvFSmo To approve the attached Council Resolurion authorizing the Departrnent of Fire & Safety Services to enter into a rental aa eement with the _ Salvation Army. i�CO�[.mwnom5:npy.e�e(A)orxe7«tpc) PERSONALSERVICECONi'RACLSAS[JSTANSWERTHE�OLLOWINGQiJESTIONS: _rurmmvGrnnn�uzstrnu _Ctvn.s�cemtdnnsstoN ].Hasthispeisodfirmeverworkedunderacomraaforthisdepaztmem? cm coHmm�ree YES NO _a_Srqt'F _ I 2. F3as this personJfirm ever been a city employee4 nvs�crcovaT � YES NO sveeox�s w[�excovrve¢ os�erave? 3. Does this persodPum possus a skill not normatly possessW by any current city employce? YES NO (Explain sII yes answers on separete sheet and attach to greeo sLeet) Wtl'IASINGPROBLbM.ISSUP.OPPORTUN[lY(WhqWhai.WAeo.Where.WhY) a;: � The Salvarion Army would like to rent old Fire Station 24 for use as an Emargency Disasffir Servioe Center. �'n �- ��'� � ," +� 's. �D� ! - '.�i�� . . a � �� ADVAriiAGESff APPROVFA. � The Community will benefit by the establishment of the Emergency Disaster Service Center. The Salvation Army will assume the costs of making needed repairs to the building. DiSADVANI'A(3+SIFAPPROVED. ��y. , None ��z��s 4°°«:�.@��e„ g......�. ,- � APR 2 i 1937 l:.a �. � i P;,:s/ 1f#E,�'�a�.'S ��! �� D15ADVANiAGFS OPNOi APPROVED. The Deparknent would have to incur the costs of necessaty repairs to the building. TOTALAMOUNTOFTRANSACfION CO.ST/IiEVENUEHODGETED(GLtCGEONE) YFS NO FUNDINGSWRCE AC(IVI'I'YNUMBER FINANCGILAQ�'ORMAT[ON. (EXPLA4� (fs4) Revised Authority (C.F. or A.O.) LEASE I30. 112l97 FINANCE DEPT. LEASE N0. F5/4 DATE: January 1 1997 LESSOR: CITY OF SAINT PAUL DEPAR'I'MENT OF FIRE AND SAFETY LESSEE: TFIE SALVATION �R1VIy P O Box 75'i66 Saint Pau1 Minnesota together with any buildings, fuctures in such buildings, improvements and structures, if any, located thereon; [1] L�asp.d Premic_P� The LFSSOR, in consideration of the payment of the Basic Rent and Additional Rent hereinafter speci�ied to be paid by the LESSEE, and the covenants and agreements herein cornained, does hereby lease, demise and let unto LESSEE the premises hereinafter referred to as the "L,eased Premises," whose address is: 1720 East Seventh Street and which is legally described as: Lots 14 and 15, Block 1, Kuhl's 2nd Addition [ (3] See Exhibit "A", plan or map of leased area which is incorporated herein by this reference. 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 (MonthslYears) 5 yeazs Commencing Date January 1, 1997 �� CITY OF SAINT PAUL STANDARD LEASE AGREEMENT Ending Date December 31, 20Q1 Use of Premises. The LESSEE shall use and occupy the L,eased Premises for the following purpose: Emer en disaster service center and for no other purpose without the prior written consent of LESSOR. 1 �'I-.SyS [4] Rent• Rent shall consist of Basic Rent and such Additional Rent as may apply. LFSSEE shall pay all rent in advance, on the first day of the term of the lease and on the fust day of each payment period thereafter as indicated in the Payment Schedule below: {A) Basic Rent Total Basic Rent During L,ease Term 11 Schedule (Payment Period — Commencing Date December 1, 199b — $ per Period) $ (B) Addiflonal Rent. Additional Rent means all amounts, otker than Basic Rent provided for in paragraph (4-A) above, that LESSEE shall be obligated to pay under this paragraph or other provisions of this I.ease. Additional Rent shall include, but is not limited to, the following fees, costs and expenses: (i) (2) (3) (4) all utilities, including water, electric, gas, telephone, sewage and garbage collection and disposal; costs for the repairs, improvements or alterations required to be made by the LESSEE in paragraph 11 of this Lease; all taYes on realry or personalty, general or sgecial; (4) all public rates, dues, charges and assessments, general or special, of any kind upon the L.eased Premises; and properry insurance premium andfor uninsured losses as set forth in paragraph (7) of this Lease. In the event that LESSEE does not make such payments (or any payments required to be paid as Additional Rent), LESSOR may make the payments at its option, and the payments so paid become Additional Rent, and are due and payable by the LESSEE with the payment of Basic Rent next required after written norice of same to the LESSEE by LES- SOR. LESSEE shall make all payments of Basic Rent and Additional Rent to LESSOR at the following address: The applicable account number for City Finance Accounting Code is: All Basic and Additional Rent shall be payable on the date certain provided herein, or — if no date certain is provided — within 30 days of the billing date. The Lessor shall charge interest of 1.5% per month on any Additional Rent remaining unpaid beyond the due date as here provided. �a c��.S�15 [5] Taxg� LESSEE shall be responsible for and pay all taJCes and assessments against the Leased Premises, except that LFSSEE may at its own expense comest and challenge the imposition or amount of any such tax or assessment as grescribed by law; provided, however, that in the event this I.ease is termivated by either pariy, LES30R may at its option require the LESSEE to pay such contested ta�ces pending appeal, to place in escrow a sum sufficient to pay said taYes, or take other action that will remove said contested taYes as an encumbrance to title or as an exception to the transferabiliry of mazketable title to the I.eased Premises. [6] Right of EntrX. At all tnnes 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. [7] Insurance. (A) LESSOR' S Insurance. The LESSOR shall acquire and keep in effect during the term of this agreement the following coverages: (1) FIl2E AND ALL RISK INSURANCE, on the Leased Premises with limits of not less than 35 , which limits shall be subject to annual review and adjusrinent, shall be purchased by the LESSOR; the LESSEE shall pay, as Additional Rent, the premium for said insurance. (B) LESSEE'S Insurance. The LESSEE shall 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) COMMERCIAL GENERAL LIABILITY INSURANCE including blanket contractual liability coverage, personal injury liability coverage and broad form property damage liability endorsement with a combined single limit of not less than $600,000 per occurrence shall be purchased by the LESSEE. Such insurance shall: (a) name the City of Saint Paul as addirional insured; (b) be primary with respect to LESSOR'S insurance or self-insurance; m not exclude explosion, collapse and underground properry damage; (d) be written on an"Occurrence" Form policy basis; and (e) not contain an "aggregate" policy limit unless specifically approved in writing by LESSOR. (3) AUTOMOBILE LIABILITY INSURANCE with minimum limits of $600,000 combined single limit and $1,000,000 aggregate, covering hired, non-owned and owned automobiles. (4) WORKERS' COMPENSATION INSURANCE with not less than statutory minnnum limits; and EMPLOYERS' LLABILITY INSURANCE with uiinimum lnnits of at least $100,000 per accident and with an all states endorsement. a�-s�s (5) The LES5EE shall supply to LESSOR current insurance certificates for policies required in Pazagraph (7). The said certificazes shall certify whether or not the agent has errors and omissions insurance coverage. (6) The limits cited under each insurance requirement.above establish minimums; and it is the sole responsibility of the LESSEE to purchase and maintain additional insurance that may be necessary in relation to this lease. (7) Nothing in this contract shall constitute a waiver by the LESSOR of any statutory limits or exceptions on liabiliry. (8) LESSEE shall place the insurance with responsible insurance companies authorized and licensed to do business in the State of Minnesota and approved by LESSOR, and shall deliver copies of the policies or certificates of insurance coverage to LFSSOR on the date of LESSEE'S execution of this agreement. The policies required in paragraph (7B) shall be endorsed to indicate that the insurer cannot cancel or change the insurance without first giving the LESSOR 30 days' written notice. (C) Waiver of Subro�ation. LESSOR waives its right of subrogation for damage to the Building, contents therein, loss of use thereof, and/or loss of income, up to the amount of insurance proceeds collected. LESSEE waives its right of subrogation for damage to property in the Leased Premises, loss of use thereof, loss of income andJor 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 party shall isnmediately notify the other parry, in writing. [8j Gancellation or Termination. This lease shall be subject to cancellation and teruiination by LESSOR or LESSEE at any time after the ending date of the inirial term hereof by giving the other garty notice in writing at least 90 days grior to the date when such terminaflon shall become effective. In the event of such termu�ation, and on the effective date of such termination, LESSOR shall return any uneamed rental paid by the LESSEE without interest. [9] Notice• All notices herein provided to be given, ar that may be given by either pany to the other, shall be deemed to have been fully given when served personally on LESSOR or LESSEE, or when made in writing and deposited in the United States Mail, certified and postage prepaid, and addressed to the LE5SEE at the address stated on page (1) and to the LFSSOR at ffie Real Estate Division, 140 City Hall, Saint Paul, Minnesota 55102. The address to which the notice shall be mailed xnay be changed by written notice given by either party to the other. Nothing herein shall preclude the giving of such address change notice by personal service. [10] Assienment and Sublettine. LESSEE shall 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 �*� - sys to sublease the Leased Premises. [ll] Maintenance and Regairs. LESSEE shall, at its own cost and expense, be responsible for all routine maintenance and repair to keep the L,eased Premises in good repair, safe and in compliance with applicable fire, health, building and other life-safery codes; and all repairs and maintenance needed to keep the buildings or structures on ffie Leased Premises in good condition. LESSEE shall not be responsible for structural repairs. [12] P�vments in Case of Default. LESSEE shall pay LESSOR all costs and e�enses, including reasonable attorney's fees in any reasonable 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. [13] Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner or subsequent termination of this lease, shall quit peacefully and surrender possession of said praperty and its appurtenances to LE5SOR in as good order and condition as the property was delivered to the LESSEE, reasonable wear and tear excepted. [14] Indemnit� The LESSEE agrees to indemnify, defend, save and hold hannless the City of Saint Paul and any agents, officers and employees thereof from all claims, demands, actions or causes af action of whatsoever nature or character, arising out of or by reason of the Lease of the herein described Leased Premises by the L,ESSOR to the LESSEE, or the use or condition of the I.eased Premises or as a result of the operations or business acrivities taking place on the Leased Premises. It is fully understood and agreed that LESSEE is aware of the conditions of the Leased Premises and leases the same "as is." [15] Holdover. Any holdover after the expiration of the term of this I,ease sha11 be allowed only after receiving the written consent of the LFSSOR. Said tenancy shall be deemed to be a tenancy only from month-to-month. All other terms and conditions of tlus Lease sha11 be applicable. [16] Pollution and Contaminants. LESSEE agrees to comply with all ordinances, laws, rules and regulations enacted by any governmental body or agency relating to the control, abatement or emission of air and water contamivants and the disposal of refuse, solid wastes or liquid wastes. LESSEE shail bear all costs and expenses arising from compliance with said ordinances, 1aws, rules, or regulations as they apply to hazardous wastes created, stored or disposed of by LESSEE, and shall indemnify, defend, save and hold l�armless LESSOR from all liability, including without limitation, fines, forfeitures, and penalties azising from the failure by LESSEE to comply with a� -s�.s such ordinances, laws, niles or regularions. LFSSOR has the right to perform cleanup and charge the LESSEE as Additional Rent for such costs should the LESSEE fail to comply. [17] Contro iLing L.�ase• In the event there is any prior e�cisting lease or rental agreement between LFSSEE and LESSOR {or its predecessor in interest) covering the subject proper[y, it is agreed and understood tUat flus Lease shall cancel and teruunate any prior leases or rental agreements as of the effective date of this lease. [18] D�;truction. In ffie event of damage to or destruction of the I.eased Premises or in the evem the premises becomes untenantable or unfit for occupancy due to such damage during the term of this L,ease, LESSOR may at its option: (A) terminate the lease upon fifteen (15) days' written notice to LESSEE; or (B) within fifteen (15) days agree to restore the premises within a reasonable time period following the casualty and, with the consent of the LESSEE, charging the costs in excess of the insurance proceeds, if any, to the LESSEE as Additional Rent; or [i9] Events of Default. The occurrence of any of the following events during the term of this L,ease shall constitute an event of default bp the LES5EE: (A) the filing of a petition to have I.ESSEE adjudicated bavknipt or a petition for reorganiza- tion or arrangement under any laws of the United States relating to bankruptcy filed by LESSEE; (B) in the event a petition to have LESSEE adjudicated banlaupt is filed against LESSEE, the failure to dismiss such petition within ninety (90) days from the date of such filing; (C) the assets of LESSEE or of the business conducted by LESSEE on the I,eased Premises be assumed by any trustee or other person pursuant to any judicial proceedings; (D) LESSEE makes any assignment for the benefit of creditors; (E) the failure by LESSEE, within 10 days of notice by LESSOR to do so, to timely pay Basic Rent or Additional Rent as requixed by this Lease; (F) the failure by LESSEE, within 10 days of notice by LESSOR to do so, to observe and perform any covenant, condition or agreement on its part to be observed or performed as required by this I.ease; or (G) the failure by LESSEE or its surety to discharge, satisfy or release any lien or lien statement filed or recorded against the Leased Premises within sucty days after the date of such filing or record'ang, whichever date is earlier. It is an e�gress covenant and .agreement of LESSOR and LESSEE that LFSSOR may, at its election, terminate this Lease in the event of the occurrence of any of the events described in this paragraph or in paragraph (22) relating to liens, and failure to correct such occunence within the a�-sys time allowed by LESSOR, by giving not less than ten days' writzen norice to LESSEE; and when so terminated, LESSOR may reenter the Leased Premises. This L.ease and its Leased Premises shall not be treated as an asset of LESSEE'S estate. It is further expressly understood and agreed that LE5SOR shall be entitled upon such reentry, notwithstanding any other provision of ttris Lease, to exercise such rights and remedies as are provided in Paragraph (24) of this Lease. [20] Compliance with Laws. The property described herein may be used for only the purposes stated herein. It is ffie sole and exclusive responsibIlity of the LFSSEE in the use of the properiy to comply with all laws, rules, regulations or ordinances imposed by any jurisdiction affecting the use to which the property is proposed to be put. Inability or failure by the LESSEE to comply with any of said laws, rules, regulations or ordinances will not relieve the LESSEE of the obligation to pay the rental provided herein. [21] Non-Discruuination. The LESSEE for himself, his personal representauves, 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 arigin or ancestry shall be excluded from participating in, be denied the benefits of or be otherwise subjected to discriuin�ation in the use of said facilities; (B) that in connection with the consmiction of any improvements on said lands and the fiunishing of services thereon, no discrimivarion shall be practiced in the selection of em- ployees and contractors, by conuactors in the selection and retention of first tier subconuactors, and by first-uer subcontractors in the selection and retention of second-tier subcontractors; (C) that such discriminarion shall not be pracriced against the public in its access in and use of the facilities and services provided for public accommodations (such as eating, sleeping, rest and recreation) constrncted 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 Legislative Code Chapter 183. [22] Liens. The LFSSEE shall not permit mechanic's liens ar other liens to be filed ar established or to remain against the Leased Premises for labor, materials or services fiunished in connection with any addirions, modifications, irnprovements, repairs, renewals or replacements made to the Leased Premises, or for any other reason; provided that if the LESSEE shall first notify the LESSOR of its intention to do so and shall deposit in escrow with the LESSOR a sum of money or a bond or irrevocable let[er of credit acceptable to the LESSOR equal to the amount of the claim of lien, LESSEE may in good faith contest any such claims ar mechanic's or other liens filed or es- tablished and in such event may permit the items contested to remain undischarged and unsatisfied during the period of such contest. ff, in the opinion of the LESSOR, the nonpayment of any such �t�•s�s items subjects the I.eased Premises to any loss or forfeiture, the LESSOR may require the LESSEE to use the escrow account to prompfly pay all such unpaid items and if LESSEE fails to pay from the escrow account, the LESSOR may pay and charge the LFSSEE as Additional Rent. [23] Eminent Domain. In the event the entire L,eased Premises are taken by eminent domain, or such portion thereof is so taken that in LESSEE' S reasonable judgment it is uneconomic thereafter to restore the I.eased Premises and proceed under the terms and provisions of tYus Lease, LESSEE may termivate this I,ease by giving to LFSSOR thirry days' written notice of termination, effective as of the date on which the condeumuig authority acquires legal tifle or physical possession of the I,eased Premises. LESSEE hereby waives and releases any claim to or share in the Awazd of Compensation far the taking, notwithstanding any other provision of law, this I.ease or any other agreement. LESSEE may to the extent otherwise pernutted in the eminent domain proceeding, remove its own trade fixtures at its own eacpense. [24] Default 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: (A) reenter and take possession of the Premises without termination of this I,ease, and use its best efforts to lease the Premises to or enter into an agreement with another person for the account of LESSEE; (B) terminate this lease, exclude LESSEE from possession of the Premises, and use its best efforts to lease the Premises to or enter into an agreement with another in accordance with applicable law; (C) exclude LESSEE from possession of the Premises, with or without terminating this L,ease and operate the Premises itself; (D) tez�ninate the L.ease, exclude LESSEE from possession of ffie Leased Premises, sell all or any part of the Premises at the best price obtainable (provided such sale is pernutted by ap- plicable law,) such sale to be on such temts and conditions as the LESSOR, in its sole discretion, shall determine and apply the proceeds of such sale less any expenses thereof for the account of the LESSEE. (E) exercise any remedies available to it under the Minnesota Uniform Commercial Code; (F) take whatever action at law or in equity may appear necessary or appropriate to collect the Basic Rent and Addi6onal Rent then due and thereafter to become due, or to enforce perfonnance and observance of any obligation, agreement or covenant of the LE5SEE under this L,ease. (G) in exercising any of its remedies set forth in this Section, the LBSSOR 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 L,ease. No remedy herein conferred upon or reserved to LESSOR is intended to be exclusive of any other available remedy or remedies, but each such remedy shall be cumulative and shall be in addition E3 al�-S yS to every other remedy given under this Lease or now or thereafter existing at law or in equity by statute. No delay or omission to exercise any such right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed elcpedient. In order to entitle the LESSOR to exercise any remedy reserved to it in this Provision, it shall not be necessary to give any nofice, other than such norice as may be herein expressly required. [25] . Default of Pavment. LFSSEE agrees that, should it default on any payment owing and due to be paid to LESSOR as provided in this agreement, including but not limited to Basic Rent and Additional Rent, then the remaining unpaid balance shall, at the option of the LESSOR, unmed- iately become due. Said LESSEE further agrees that the LBSSOR may, at its option and without notice to LESSEE, enter judgment against LESSEE in Ramsey Counry District Court for the amount of the unpaid balance. And LESSEE does hereby confess judgment in the amount of the unpaid balance due upon default, and does authorize the LESSOR to enter judgment as provided above. LES5EE does hereby agree that the LESSOR, at its option, may enter a judgment, at any time within one year of the time the last payment shall have come due, for the full amount of the unpaid balance due pursuant to the confession of judgment provided herein. [26] Alterations. The LESSEE will not make any alterations to the premises without the written consent of the LESSOR, such consent not to.be.unreasonably withheld. If the LESSEE desires to make any such alterations, an accurate description shall first be submitted to and approved by the LESSOR and such alterations shall be done by the LES5EE at its own expense. All such work shall be performed under the LESSOR'S supervision and any unprovements made to the Leased Premises at the LESSEE'S expense shall become the property of the LESSOR aC the end of the Lease period. LESSEE agrees that all alterations will be done in a worlm�anlike manner and in confonnance 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. LESSEE shall have the right to display appropriate signage to identify its presence and mission. [27j Building Im�rovements. be responsible for the cost construction management, As compensation for the use of the Leased Premises, the LFSSEE shall , including but not limited to cost of design and engineering, bidding, cost of construction including labor and materials for the following improvements as prioritized below: (A) Roof replacement including, if necessary, replacement of the roof deck. The roof type and specificazions shall be subject to approval by LESSOR. (B) Tuckpointing of the exterior, including the blocking up of two openings on the south side of the building and one opening on the west side of the building. The specifications and scope of work shall be subject to approval by LESSOR. (C) Repair, or replacement and painting of all windows, doors and exterior trim. The a��s�� determination of the need to repair or replace the windows and exterior doors shall be made or approved by the LESSOR. The LESSOR sf�all also provide or approve the design specifications for the windows, painting and any other related work. (D) Interior painting. The LESSOR shall determine, or approve, the spec�cations for the painting of ihe interior. LESSEE and LESSOR shall mutually determine the areas to be painted. The above unprovements shail be compieted within 120 days of LESSOR'S appmval of the unprovements design, or a date deternuned by the LESSOR. LESSOR has determined that the current rental income of the property over the five yeaz lease period is in the sum of $47,000.00. The total financial outlay for the above improvements, including the various components listed above shall not exceed the sum of $47,000.00. The LESSOR sha11 deternvne whether the LESSEE will provide the design and specification services, subject to LESSOR' S approval of the scope of work and the design firm, or whether the LESSOR shall perform such acfivities and make the LESSEE financially responsibie. This deternunation shall be on an improvement by improvement basis. All work, be it conshucted by the LESSEE' S contractor or LESSOR' S comractor, shall comply with all codes as required in paragraph [20] "Compliance with Laws". Labor and material furnished by the LESSEE in making the above nnprovements shall be paid and obtained at the prevailing rates in accardance with Saint Paul Legislarive Code Section 82A7(a) or furnished to the LESSEE "grafis" by the occupafional groups and material men utilized. In the event that such "grafis" arrangements aze made, LESSEE shall immediately make available to LESSOR, upon LESSOR'S demand, any and all documentation and agreements, etc. wluch touch upon the "gratis" arrazigements. In the event that LESSOR should determine that any labor and material used by LESSEE in making the said improvements was not fwnished "gratis" or fumished below the prevailing rate, LESSEE shali 'unmediately pay LESS�R that sum of money determined by the LESSOR to be the prevailing rate for the labor or material furnished. [28j Amended. Anything herein contained to the contrary not withstanding, this L,ease may be terminated, and the provisions of this I,ease may be, in writing, amended by mutual consent of the parties hereto. 10 �t� - s w.s IN WITNESS WFIEREOF, the parties hereto l�ave set their hands and seals the day and yeaz in this L,ease first above-written. LESSOR: Mayor City Clerk �� of Finance & Management Services � c Department y- /�= City Attorney (Form Approval) LESSEE: Its Its Its 11 �s ��7i � � � �-: vi ��; ,. ��°� t� Presented By: Referred To: i z 3 ¢ 5 6 7 8 9 10 17 12 13 'f4 15 76 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Council File # � -�S Green Sheet # 30018 � Committee: Date Resolved, that the proper City officiais are hereby authorized and directed to execute an agreement with the Salvation Army for the purpose of renting space to the Salvation Army for use as an Emergency Disasier Service Center, a copy of said agreement to be kept on file and of record in the Office of Financial Services. Adopted by Councii: Date � Adoption Certified by Council 3"e etary: BY� a ,� � � Approved by M r: Date ! j� 2�4 � Sy: — `� -- 1. RESOLUTION !AINT PAUL, MINNESOTA Requested by Department ofi Fire & Safety S rvices B� � Appr al Recommended by Bud irector: By: ��, Y�r- Form A�by C A orney: c BY� .��/�d��+°�� t �-<c� 9 7 Approved by Mayor for ubmission to Council: By: "�� n _ t�tr naeua�vrio c&coma nnreumna�rm . � � —�/�� F'veezsafet 4J9/97 GREEN SH T NO. 30018 CONfACfPERFON&PHONE �1 DEPARTMENTDIlfE �4 QiYCOUNCd AssishntChiefAlBataglia228-6212 �i crsrarroar�rRi.t `1–�P"i'l � rnrccacx MIISIBEONCAUNCII,AGENDABY�ATt) � H[IDC�TDIItECl'OM � FIN..kMGf.SfltVICFSDIR MAYDR(ORASS751' � CFIIEFACCOtINl'ANT TOTAL # OF SIGNATfJRE PAGE5 (CLIP ALL LOCATIONS FOR SIGNATURE) cnor�t�RvFSmo To approve the attached Council Resolurion authorizing the Departrnent of Fire & Safety Services to enter into a rental aa eement with the _ Salvation Army. i�CO�[.mwnom5:npy.e�e(A)orxe7«tpc) PERSONALSERVICECONi'RACLSAS[JSTANSWERTHE�OLLOWINGQiJESTIONS: _rurmmvGrnnn�uzstrnu _Ctvn.s�cemtdnnsstoN ].Hasthispeisodfirmeverworkedunderacomraaforthisdepaztmem? cm coHmm�ree YES NO _a_Srqt'F _ I 2. F3as this personJfirm ever been a city employee4 nvs�crcovaT � YES NO sveeox�s w[�excovrve¢ os�erave? 3. Does this persodPum possus a skill not normatly possessW by any current city employce? YES NO (Explain sII yes answers on separete sheet and attach to greeo sLeet) Wtl'IASINGPROBLbM.ISSUP.OPPORTUN[lY(WhqWhai.WAeo.Where.WhY) a;: � The Salvarion Army would like to rent old Fire Station 24 for use as an Emargency Disasffir Servioe Center. �'n �- ��'� � ," +� 's. �D� ! - '.�i�� . . a � �� ADVAriiAGESff APPROVFA. � The Community will benefit by the establishment of the Emergency Disaster Service Center. The Salvation Army will assume the costs of making needed repairs to the building. DiSADVANI'A(3+SIFAPPROVED. ��y. , None ��z��s 4°°«:�.@��e„ g......�. ,- � APR 2 i 1937 l:.a �. � i P;,:s/ 1f#E,�'�a�.'S ��! �� D15ADVANiAGFS OPNOi APPROVED. The Deparknent would have to incur the costs of necessaty repairs to the building. TOTALAMOUNTOFTRANSACfION CO.ST/IiEVENUEHODGETED(GLtCGEONE) YFS NO FUNDINGSWRCE AC(IVI'I'YNUMBER FINANCGILAQ�'ORMAT[ON. (EXPLA4� (fs4) Revised Authority (C.F. or A.O.) LEASE I30. 112l97 FINANCE DEPT. LEASE N0. F5/4 DATE: January 1 1997 LESSOR: CITY OF SAINT PAUL DEPAR'I'MENT OF FIRE AND SAFETY LESSEE: TFIE SALVATION �R1VIy P O Box 75'i66 Saint Pau1 Minnesota together with any buildings, fuctures in such buildings, improvements and structures, if any, located thereon; [1] L�asp.d Premic_P� The LFSSOR, in consideration of the payment of the Basic Rent and Additional Rent hereinafter speci�ied to be paid by the LESSEE, and the covenants and agreements herein cornained, does hereby lease, demise and let unto LESSEE the premises hereinafter referred to as the "L,eased Premises," whose address is: 1720 East Seventh Street and which is legally described as: Lots 14 and 15, Block 1, Kuhl's 2nd Addition [ (3] See Exhibit "A", plan or map of leased area which is incorporated herein by this reference. 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 (MonthslYears) 5 yeazs Commencing Date January 1, 1997 �� CITY OF SAINT PAUL STANDARD LEASE AGREEMENT Ending Date December 31, 20Q1 Use of Premises. The LESSEE shall use and occupy the L,eased Premises for the following purpose: Emer en disaster service center and for no other purpose without the prior written consent of LESSOR. 1 �'I-.SyS [4] Rent• Rent shall consist of Basic Rent and such Additional Rent as may apply. LFSSEE shall pay all rent in advance, on the first day of the term of the lease and on the fust day of each payment period thereafter as indicated in the Payment Schedule below: {A) Basic Rent Total Basic Rent During L,ease Term 11 Schedule (Payment Period — Commencing Date December 1, 199b — $ per Period) $ (B) Addiflonal Rent. Additional Rent means all amounts, otker than Basic Rent provided for in paragraph (4-A) above, that LESSEE shall be obligated to pay under this paragraph or other provisions of this I.ease. Additional Rent shall include, but is not limited to, the following fees, costs and expenses: (i) (2) (3) (4) all utilities, including water, electric, gas, telephone, sewage and garbage collection and disposal; costs for the repairs, improvements or alterations required to be made by the LESSEE in paragraph 11 of this Lease; all taYes on realry or personalty, general or sgecial; (4) all public rates, dues, charges and assessments, general or special, of any kind upon the L.eased Premises; and properry insurance premium andfor uninsured losses as set forth in paragraph (7) of this Lease. In the event that LESSEE does not make such payments (or any payments required to be paid as Additional Rent), LESSOR may make the payments at its option, and the payments so paid become Additional Rent, and are due and payable by the LESSEE with the payment of Basic Rent next required after written norice of same to the LESSEE by LES- SOR. LESSEE shall make all payments of Basic Rent and Additional Rent to LESSOR at the following address: The applicable account number for City Finance Accounting Code is: All Basic and Additional Rent shall be payable on the date certain provided herein, or — if no date certain is provided — within 30 days of the billing date. The Lessor shall charge interest of 1.5% per month on any Additional Rent remaining unpaid beyond the due date as here provided. �a c��.S�15 [5] Taxg� LESSEE shall be responsible for and pay all taJCes and assessments against the Leased Premises, except that LFSSEE may at its own expense comest and challenge the imposition or amount of any such tax or assessment as grescribed by law; provided, however, that in the event this I.ease is termivated by either pariy, LES30R may at its option require the LESSEE to pay such contested ta�ces pending appeal, to place in escrow a sum sufficient to pay said taYes, or take other action that will remove said contested taYes as an encumbrance to title or as an exception to the transferabiliry of mazketable title to the I.eased Premises. [6] Right of EntrX. At all tnnes 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. [7] Insurance. (A) LESSOR' S Insurance. The LESSOR shall acquire and keep in effect during the term of this agreement the following coverages: (1) FIl2E AND ALL RISK INSURANCE, on the Leased Premises with limits of not less than 35 , which limits shall be subject to annual review and adjusrinent, shall be purchased by the LESSOR; the LESSEE shall pay, as Additional Rent, the premium for said insurance. (B) LESSEE'S Insurance. The LESSEE shall 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) COMMERCIAL GENERAL LIABILITY INSURANCE including blanket contractual liability coverage, personal injury liability coverage and broad form property damage liability endorsement with a combined single limit of not less than $600,000 per occurrence shall be purchased by the LESSEE. Such insurance shall: (a) name the City of Saint Paul as addirional insured; (b) be primary with respect to LESSOR'S insurance or self-insurance; m not exclude explosion, collapse and underground properry damage; (d) be written on an"Occurrence" Form policy basis; and (e) not contain an "aggregate" policy limit unless specifically approved in writing by LESSOR. (3) AUTOMOBILE LIABILITY INSURANCE with minimum limits of $600,000 combined single limit and $1,000,000 aggregate, covering hired, non-owned and owned automobiles. (4) WORKERS' COMPENSATION INSURANCE with not less than statutory minnnum limits; and EMPLOYERS' LLABILITY INSURANCE with uiinimum lnnits of at least $100,000 per accident and with an all states endorsement. a�-s�s (5) The LES5EE shall supply to LESSOR current insurance certificates for policies required in Pazagraph (7). The said certificazes shall certify whether or not the agent has errors and omissions insurance coverage. (6) The limits cited under each insurance requirement.above establish minimums; and it is the sole responsibility of the LESSEE to purchase and maintain additional insurance that may be necessary in relation to this lease. (7) Nothing in this contract shall constitute a waiver by the LESSOR of any statutory limits or exceptions on liabiliry. (8) LESSEE shall place the insurance with responsible insurance companies authorized and licensed to do business in the State of Minnesota and approved by LESSOR, and shall deliver copies of the policies or certificates of insurance coverage to LFSSOR on the date of LESSEE'S execution of this agreement. The policies required in paragraph (7B) shall be endorsed to indicate that the insurer cannot cancel or change the insurance without first giving the LESSOR 30 days' written notice. (C) Waiver of Subro�ation. LESSOR waives its right of subrogation for damage to the Building, contents therein, loss of use thereof, and/or loss of income, up to the amount of insurance proceeds collected. LESSEE waives its right of subrogation for damage to property in the Leased Premises, loss of use thereof, loss of income andJor 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 party shall isnmediately notify the other parry, in writing. [8j Gancellation or Termination. This lease shall be subject to cancellation and teruiination by LESSOR or LESSEE at any time after the ending date of the inirial term hereof by giving the other garty notice in writing at least 90 days grior to the date when such terminaflon shall become effective. In the event of such termu�ation, and on the effective date of such termination, LESSOR shall return any uneamed rental paid by the LESSEE without interest. [9] Notice• All notices herein provided to be given, ar that may be given by either pany to the other, shall be deemed to have been fully given when served personally on LESSOR or LESSEE, or when made in writing and deposited in the United States Mail, certified and postage prepaid, and addressed to the LE5SEE at the address stated on page (1) and to the LFSSOR at ffie Real Estate Division, 140 City Hall, Saint Paul, Minnesota 55102. The address to which the notice shall be mailed xnay be changed by written notice given by either party to the other. Nothing herein shall preclude the giving of such address change notice by personal service. [10] Assienment and Sublettine. LESSEE shall 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 �*� - sys to sublease the Leased Premises. [ll] Maintenance and Regairs. LESSEE shall, at its own cost and expense, be responsible for all routine maintenance and repair to keep the L,eased Premises in good repair, safe and in compliance with applicable fire, health, building and other life-safery codes; and all repairs and maintenance needed to keep the buildings or structures on ffie Leased Premises in good condition. LESSEE shall not be responsible for structural repairs. [12] P�vments in Case of Default. LESSEE shall pay LESSOR all costs and e�enses, including reasonable attorney's fees in any reasonable 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. [13] Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner or subsequent termination of this lease, shall quit peacefully and surrender possession of said praperty and its appurtenances to LE5SOR in as good order and condition as the property was delivered to the LESSEE, reasonable wear and tear excepted. [14] Indemnit� The LESSEE agrees to indemnify, defend, save and hold hannless the City of Saint Paul and any agents, officers and employees thereof from all claims, demands, actions or causes af action of whatsoever nature or character, arising out of or by reason of the Lease of the herein described Leased Premises by the L,ESSOR to the LESSEE, or the use or condition of the I.eased Premises or as a result of the operations or business acrivities taking place on the Leased Premises. It is fully understood and agreed that LESSEE is aware of the conditions of the Leased Premises and leases the same "as is." [15] Holdover. Any holdover after the expiration of the term of this I,ease sha11 be allowed only after receiving the written consent of the LFSSOR. Said tenancy shall be deemed to be a tenancy only from month-to-month. All other terms and conditions of tlus Lease sha11 be applicable. [16] Pollution and Contaminants. LESSEE agrees to comply with all ordinances, laws, rules and regulations enacted by any governmental body or agency relating to the control, abatement or emission of air and water contamivants and the disposal of refuse, solid wastes or liquid wastes. LESSEE shail bear all costs and expenses arising from compliance with said ordinances, 1aws, rules, or regulations as they apply to hazardous wastes created, stored or disposed of by LESSEE, and shall indemnify, defend, save and hold l�armless LESSOR from all liability, including without limitation, fines, forfeitures, and penalties azising from the failure by LESSEE to comply with a� -s�.s such ordinances, laws, niles or regularions. LFSSOR has the right to perform cleanup and charge the LESSEE as Additional Rent for such costs should the LESSEE fail to comply. [17] Contro iLing L.�ase• In the event there is any prior e�cisting lease or rental agreement between LFSSEE and LESSOR {or its predecessor in interest) covering the subject proper[y, it is agreed and understood tUat flus Lease shall cancel and teruunate any prior leases or rental agreements as of the effective date of this lease. [18] D�;truction. In ffie event of damage to or destruction of the I.eased Premises or in the evem the premises becomes untenantable or unfit for occupancy due to such damage during the term of this L,ease, LESSOR may at its option: (A) terminate the lease upon fifteen (15) days' written notice to LESSEE; or (B) within fifteen (15) days agree to restore the premises within a reasonable time period following the casualty and, with the consent of the LESSEE, charging the costs in excess of the insurance proceeds, if any, to the LESSEE as Additional Rent; or [i9] Events of Default. The occurrence of any of the following events during the term of this L,ease shall constitute an event of default bp the LES5EE: (A) the filing of a petition to have I.ESSEE adjudicated bavknipt or a petition for reorganiza- tion or arrangement under any laws of the United States relating to bankruptcy filed by LESSEE; (B) in the event a petition to have LESSEE adjudicated banlaupt is filed against LESSEE, the failure to dismiss such petition within ninety (90) days from the date of such filing; (C) the assets of LESSEE or of the business conducted by LESSEE on the I,eased Premises be assumed by any trustee or other person pursuant to any judicial proceedings; (D) LESSEE makes any assignment for the benefit of creditors; (E) the failure by LESSEE, within 10 days of notice by LESSOR to do so, to timely pay Basic Rent or Additional Rent as requixed by this Lease; (F) the failure by LESSEE, within 10 days of notice by LESSOR to do so, to observe and perform any covenant, condition or agreement on its part to be observed or performed as required by this I.ease; or (G) the failure by LESSEE or its surety to discharge, satisfy or release any lien or lien statement filed or recorded against the Leased Premises within sucty days after the date of such filing or record'ang, whichever date is earlier. It is an e�gress covenant and .agreement of LESSOR and LESSEE that LFSSOR may, at its election, terminate this Lease in the event of the occurrence of any of the events described in this paragraph or in paragraph (22) relating to liens, and failure to correct such occunence within the a�-sys time allowed by LESSOR, by giving not less than ten days' writzen norice to LESSEE; and when so terminated, LESSOR may reenter the Leased Premises. This L.ease and its Leased Premises shall not be treated as an asset of LESSEE'S estate. It is further expressly understood and agreed that LE5SOR shall be entitled upon such reentry, notwithstanding any other provision of ttris Lease, to exercise such rights and remedies as are provided in Paragraph (24) of this Lease. [20] Compliance with Laws. The property described herein may be used for only the purposes stated herein. It is ffie sole and exclusive responsibIlity of the LFSSEE in the use of the properiy to comply with all laws, rules, regulations or ordinances imposed by any jurisdiction affecting the use to which the property is proposed to be put. Inability or failure by the LESSEE to comply with any of said laws, rules, regulations or ordinances will not relieve the LESSEE of the obligation to pay the rental provided herein. [21] Non-Discruuination. The LESSEE for himself, his personal representauves, 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 arigin or ancestry shall be excluded from participating in, be denied the benefits of or be otherwise subjected to discriuin�ation in the use of said facilities; (B) that in connection with the consmiction of any improvements on said lands and the fiunishing of services thereon, no discrimivarion shall be practiced in the selection of em- ployees and contractors, by conuactors in the selection and retention of first tier subconuactors, and by first-uer subcontractors in the selection and retention of second-tier subcontractors; (C) that such discriminarion shall not be pracriced against the public in its access in and use of the facilities and services provided for public accommodations (such as eating, sleeping, rest and recreation) constrncted 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 Legislative Code Chapter 183. [22] Liens. The LFSSEE shall not permit mechanic's liens ar other liens to be filed ar established or to remain against the Leased Premises for labor, materials or services fiunished in connection with any addirions, modifications, irnprovements, repairs, renewals or replacements made to the Leased Premises, or for any other reason; provided that if the LESSEE shall first notify the LESSOR of its intention to do so and shall deposit in escrow with the LESSOR a sum of money or a bond or irrevocable let[er of credit acceptable to the LESSOR equal to the amount of the claim of lien, LESSEE may in good faith contest any such claims ar mechanic's or other liens filed or es- tablished and in such event may permit the items contested to remain undischarged and unsatisfied during the period of such contest. ff, in the opinion of the LESSOR, the nonpayment of any such �t�•s�s items subjects the I.eased Premises to any loss or forfeiture, the LESSOR may require the LESSEE to use the escrow account to prompfly pay all such unpaid items and if LESSEE fails to pay from the escrow account, the LESSOR may pay and charge the LFSSEE as Additional Rent. [23] Eminent Domain. In the event the entire L,eased Premises are taken by eminent domain, or such portion thereof is so taken that in LESSEE' S reasonable judgment it is uneconomic thereafter to restore the I.eased Premises and proceed under the terms and provisions of tYus Lease, LESSEE may termivate this I,ease by giving to LFSSOR thirry days' written notice of termination, effective as of the date on which the condeumuig authority acquires legal tifle or physical possession of the I,eased Premises. LESSEE hereby waives and releases any claim to or share in the Awazd of Compensation far the taking, notwithstanding any other provision of law, this I.ease or any other agreement. LESSEE may to the extent otherwise pernutted in the eminent domain proceeding, remove its own trade fixtures at its own eacpense. [24] Default 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: (A) reenter and take possession of the Premises without termination of this I,ease, and use its best efforts to lease the Premises to or enter into an agreement with another person for the account of LESSEE; (B) terminate this lease, exclude LESSEE from possession of the Premises, and use its best efforts to lease the Premises to or enter into an agreement with another in accordance with applicable law; (C) exclude LESSEE from possession of the Premises, with or without terminating this L,ease and operate the Premises itself; (D) tez�ninate the L.ease, exclude LESSEE from possession of ffie Leased Premises, sell all or any part of the Premises at the best price obtainable (provided such sale is pernutted by ap- plicable law,) such sale to be on such temts and conditions as the LESSOR, in its sole discretion, shall determine and apply the proceeds of such sale less any expenses thereof for the account of the LESSEE. (E) exercise any remedies available to it under the Minnesota Uniform Commercial Code; (F) take whatever action at law or in equity may appear necessary or appropriate to collect the Basic Rent and Addi6onal Rent then due and thereafter to become due, or to enforce perfonnance and observance of any obligation, agreement or covenant of the LE5SEE under this L,ease. (G) in exercising any of its remedies set forth in this Section, the LBSSOR 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 L,ease. No remedy herein conferred upon or reserved to LESSOR is intended to be exclusive of any other available remedy or remedies, but each such remedy shall be cumulative and shall be in addition E3 al�-S yS to every other remedy given under this Lease or now or thereafter existing at law or in equity by statute. No delay or omission to exercise any such right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed elcpedient. In order to entitle the LESSOR to exercise any remedy reserved to it in this Provision, it shall not be necessary to give any nofice, other than such norice as may be herein expressly required. [25] . Default of Pavment. LFSSEE agrees that, should it default on any payment owing and due to be paid to LESSOR as provided in this agreement, including but not limited to Basic Rent and Additional Rent, then the remaining unpaid balance shall, at the option of the LESSOR, unmed- iately become due. Said LESSEE further agrees that the LBSSOR may, at its option and without notice to LESSEE, enter judgment against LESSEE in Ramsey Counry District Court for the amount of the unpaid balance. And LESSEE does hereby confess judgment in the amount of the unpaid balance due upon default, and does authorize the LESSOR to enter judgment as provided above. LES5EE does hereby agree that the LESSOR, at its option, may enter a judgment, at any time within one year of the time the last payment shall have come due, for the full amount of the unpaid balance due pursuant to the confession of judgment provided herein. [26] Alterations. The LESSEE will not make any alterations to the premises without the written consent of the LESSOR, such consent not to.be.unreasonably withheld. If the LESSEE desires to make any such alterations, an accurate description shall first be submitted to and approved by the LESSOR and such alterations shall be done by the LES5EE at its own expense. All such work shall be performed under the LESSOR'S supervision and any unprovements made to the Leased Premises at the LESSEE'S expense shall become the property of the LESSOR aC the end of the Lease period. LESSEE agrees that all alterations will be done in a worlm�anlike manner and in confonnance 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. LESSEE shall have the right to display appropriate signage to identify its presence and mission. [27j Building Im�rovements. be responsible for the cost construction management, As compensation for the use of the Leased Premises, the LFSSEE shall , including but not limited to cost of design and engineering, bidding, cost of construction including labor and materials for the following improvements as prioritized below: (A) Roof replacement including, if necessary, replacement of the roof deck. The roof type and specificazions shall be subject to approval by LESSOR. (B) Tuckpointing of the exterior, including the blocking up of two openings on the south side of the building and one opening on the west side of the building. The specifications and scope of work shall be subject to approval by LESSOR. (C) Repair, or replacement and painting of all windows, doors and exterior trim. The a��s�� determination of the need to repair or replace the windows and exterior doors shall be made or approved by the LESSOR. The LESSOR sf�all also provide or approve the design specifications for the windows, painting and any other related work. (D) Interior painting. The LESSOR shall determine, or approve, the spec�cations for the painting of ihe interior. LESSEE and LESSOR shall mutually determine the areas to be painted. The above unprovements shail be compieted within 120 days of LESSOR'S appmval of the unprovements design, or a date deternuned by the LESSOR. LESSOR has determined that the current rental income of the property over the five yeaz lease period is in the sum of $47,000.00. The total financial outlay for the above improvements, including the various components listed above shall not exceed the sum of $47,000.00. The LESSOR sha11 deternvne whether the LESSEE will provide the design and specification services, subject to LESSOR' S approval of the scope of work and the design firm, or whether the LESSOR shall perform such acfivities and make the LESSEE financially responsibie. This deternunation shall be on an improvement by improvement basis. All work, be it conshucted by the LESSEE' S contractor or LESSOR' S comractor, shall comply with all codes as required in paragraph [20] "Compliance with Laws". Labor and material furnished by the LESSEE in making the above nnprovements shall be paid and obtained at the prevailing rates in accardance with Saint Paul Legislarive Code Section 82A7(a) or furnished to the LESSEE "grafis" by the occupafional groups and material men utilized. In the event that such "grafis" arrangements aze made, LESSEE shall immediately make available to LESSOR, upon LESSOR'S demand, any and all documentation and agreements, etc. wluch touch upon the "gratis" arrazigements. In the event that LESSOR should determine that any labor and material used by LESSEE in making the said improvements was not fwnished "gratis" or fumished below the prevailing rate, LESSEE shali 'unmediately pay LESS�R that sum of money determined by the LESSOR to be the prevailing rate for the labor or material furnished. [28j Amended. Anything herein contained to the contrary not withstanding, this L,ease may be terminated, and the provisions of this I,ease may be, in writing, amended by mutual consent of the parties hereto. 10 �t� - s w.s IN WITNESS WFIEREOF, the parties hereto l�ave set their hands and seals the day and yeaz in this L,ease first above-written. LESSOR: Mayor City Clerk �� of Finance & Management Services � c Department y- /�= City Attorney (Form Approval) LESSEE: Its Its Its 11 �s ��7i � � � �-: vi ��; ,. ��°� t� Presented By: Referred To: i z 3 ¢ 5 6 7 8 9 10 17 12 13 'f4 15 76 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Council File # � -�S Green Sheet # 30018 � Committee: Date Resolved, that the proper City officiais are hereby authorized and directed to execute an agreement with the Salvation Army for the purpose of renting space to the Salvation Army for use as an Emergency Disasier Service Center, a copy of said agreement to be kept on file and of record in the Office of Financial Services. Adopted by Councii: Date � Adoption Certified by Council 3"e etary: BY� ,� � � �� Approved by Mayor: Date �� 2 4� Sy: — `� -- 1. RESOLUTION !AINT PAUL, MINNESOTA Requested by Department ofi Fire & Safety S rvices B� � Appr al Recommended by Bud irector: By: ��, Y�r- Form A�by C A orney: c BY� .��/�d��+°�� t �-<c� 9 7 Approved by Mayor for ubmission to Council: By: "�� n _ t�tr naeua�vrio c&coma nnreumna�rm . � � —�/�� F'veezsafet 4J9/97 GREEN SH T NO. 30018 CONfACfPERFON&PHONE �1 DEPARTMENTDIlfE �4 QiYCOUNCd AssishntChiefAlBataglia228-6212 �i crsrarroar�rRi.t `1–�P"i'l � rnrccacx MIISIBEONCAUNCII,AGENDABY�ATt) � H[IDC�TDIItECl'OM � FIN..kMGf.SfltVICFSDIR MAYDR(ORASS751' � CFIIEFACCOtINl'ANT TOTAL # OF SIGNATfJRE PAGE5 (CLIP ALL LOCATIONS FOR SIGNATURE) cnor�t�RvFSmo To approve the attached Council Resolurion authorizing the Departrnent of Fire & Safety Services to enter into a rental aa eement with the _ Salvation Army. i�CO�[.mwnom5:npy.e�e(A)orxe7«tpc) PERSONALSERVICECONi'RACLSAS[JSTANSWERTHE�OLLOWINGQiJESTIONS: _rurmmvGrnnn�uzstrnu _Ctvn.s�cemtdnnsstoN ].Hasthispeisodfirmeverworkedunderacomraaforthisdepaztmem? cm coHmm�ree YES NO _a_Srqt'F _ I 2. F3as this personJfirm ever been a city employee4 nvs�crcovaT � YES NO sveeox�s w[�excovrve¢ os�erave? 3. Does this persodPum possus a skill not normatly possessW by any current city employce? YES NO (Explain sII yes answers on separete sheet and attach to greeo sLeet) Wtl'IASINGPROBLbM.ISSUP.OPPORTUN[lY(WhqWhai.WAeo.Where.WhY) a;: � The Salvarion Army would like to rent old Fire Station 24 for use as an Emargency Disasffir Servioe Center. �'n �- ��'� � ," +� 's. �D� ! - '.�i�� . . a � �� ADVAriiAGESff APPROVFA. � The Community will benefit by the establishment of the Emergency Disaster Service Center. The Salvation Army will assume the costs of making needed repairs to the building. DiSADVANI'A(3+SIFAPPROVED. ��y. , None ��z��s 4°°«:�.@��e„ g......�. ,- � APR 2 i 1937 l:.a �. � i P;,:s/ 1f#E,�'�a�.'S ��! �� D15ADVANiAGFS OPNOi APPROVED. The Deparknent would have to incur the costs of necessaty repairs to the building. TOTALAMOUNTOFTRANSACfION CO.ST/IiEVENUEHODGETED(GLtCGEONE) YFS NO FUNDINGSWRCE AC(IVI'I'YNUMBER FINANCGILAQ�'ORMAT[ON. (EXPLA4� (fs4) Revised Authority (C.F. or A.O.) LEASE I30. 112l97 FINANCE DEPT. LEASE N0. F5/4 DATE: January 1 1997 LESSOR: CITY OF SAINT PAUL DEPAR'I'MENT OF FIRE AND SAFETY LESSEE: TFIE SALVATION �R1VIy P O Box 75'i66 Saint Pau1 Minnesota together with any buildings, fuctures in such buildings, improvements and structures, if any, located thereon; [1] L�asp.d Premic_P� The LFSSOR, in consideration of the payment of the Basic Rent and Additional Rent hereinafter speci�ied to be paid by the LESSEE, and the covenants and agreements herein cornained, does hereby lease, demise and let unto LESSEE the premises hereinafter referred to as the "L,eased Premises," whose address is: 1720 East Seventh Street and which is legally described as: Lots 14 and 15, Block 1, Kuhl's 2nd Addition [ (3] See Exhibit "A", plan or map of leased area which is incorporated herein by this reference. 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 (MonthslYears) 5 yeazs Commencing Date January 1, 1997 �� CITY OF SAINT PAUL STANDARD LEASE AGREEMENT Ending Date December 31, 20Q1 Use of Premises. The LESSEE shall use and occupy the L,eased Premises for the following purpose: Emer en disaster service center and for no other purpose without the prior written consent of LESSOR. 1 �'I-.SyS [4] Rent• Rent shall consist of Basic Rent and such Additional Rent as may apply. LFSSEE shall pay all rent in advance, on the first day of the term of the lease and on the fust day of each payment period thereafter as indicated in the Payment Schedule below: {A) Basic Rent Total Basic Rent During L,ease Term 11 Schedule (Payment Period — Commencing Date December 1, 199b — $ per Period) $ (B) Addiflonal Rent. Additional Rent means all amounts, otker than Basic Rent provided for in paragraph (4-A) above, that LESSEE shall be obligated to pay under this paragraph or other provisions of this I.ease. Additional Rent shall include, but is not limited to, the following fees, costs and expenses: (i) (2) (3) (4) all utilities, including water, electric, gas, telephone, sewage and garbage collection and disposal; costs for the repairs, improvements or alterations required to be made by the LESSEE in paragraph 11 of this Lease; all taYes on realry or personalty, general or sgecial; (4) all public rates, dues, charges and assessments, general or special, of any kind upon the L.eased Premises; and properry insurance premium andfor uninsured losses as set forth in paragraph (7) of this Lease. In the event that LESSEE does not make such payments (or any payments required to be paid as Additional Rent), LESSOR may make the payments at its option, and the payments so paid become Additional Rent, and are due and payable by the LESSEE with the payment of Basic Rent next required after written norice of same to the LESSEE by LES- SOR. LESSEE shall make all payments of Basic Rent and Additional Rent to LESSOR at the following address: The applicable account number for City Finance Accounting Code is: All Basic and Additional Rent shall be payable on the date certain provided herein, or — if no date certain is provided — within 30 days of the billing date. The Lessor shall charge interest of 1.5% per month on any Additional Rent remaining unpaid beyond the due date as here provided. �a c��.S�15 [5] Taxg� LESSEE shall be responsible for and pay all taJCes and assessments against the Leased Premises, except that LFSSEE may at its own expense comest and challenge the imposition or amount of any such tax or assessment as grescribed by law; provided, however, that in the event this I.ease is termivated by either pariy, LES30R may at its option require the LESSEE to pay such contested ta�ces pending appeal, to place in escrow a sum sufficient to pay said taYes, or take other action that will remove said contested taYes as an encumbrance to title or as an exception to the transferabiliry of mazketable title to the I.eased Premises. [6] Right of EntrX. At all tnnes 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. [7] Insurance. (A) LESSOR' S Insurance. The LESSOR shall acquire and keep in effect during the term of this agreement the following coverages: (1) FIl2E AND ALL RISK INSURANCE, on the Leased Premises with limits of not less than 35 , which limits shall be subject to annual review and adjusrinent, shall be purchased by the LESSOR; the LESSEE shall pay, as Additional Rent, the premium for said insurance. (B) LESSEE'S Insurance. The LESSEE shall 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) COMMERCIAL GENERAL LIABILITY INSURANCE including blanket contractual liability coverage, personal injury liability coverage and broad form property damage liability endorsement with a combined single limit of not less than $600,000 per occurrence shall be purchased by the LESSEE. Such insurance shall: (a) name the City of Saint Paul as addirional insured; (b) be primary with respect to LESSOR'S insurance or self-insurance; m not exclude explosion, collapse and underground properry damage; (d) be written on an"Occurrence" Form policy basis; and (e) not contain an "aggregate" policy limit unless specifically approved in writing by LESSOR. (3) AUTOMOBILE LIABILITY INSURANCE with minimum limits of $600,000 combined single limit and $1,000,000 aggregate, covering hired, non-owned and owned automobiles. (4) WORKERS' COMPENSATION INSURANCE with not less than statutory minnnum limits; and EMPLOYERS' LLABILITY INSURANCE with uiinimum lnnits of at least $100,000 per accident and with an all states endorsement. a�-s�s (5) The LES5EE shall supply to LESSOR current insurance certificates for policies required in Pazagraph (7). The said certificazes shall certify whether or not the agent has errors and omissions insurance coverage. (6) The limits cited under each insurance requirement.above establish minimums; and it is the sole responsibility of the LESSEE to purchase and maintain additional insurance that may be necessary in relation to this lease. (7) Nothing in this contract shall constitute a waiver by the LESSOR of any statutory limits or exceptions on liabiliry. (8) LESSEE shall place the insurance with responsible insurance companies authorized and licensed to do business in the State of Minnesota and approved by LESSOR, and shall deliver copies of the policies or certificates of insurance coverage to LFSSOR on the date of LESSEE'S execution of this agreement. The policies required in paragraph (7B) shall be endorsed to indicate that the insurer cannot cancel or change the insurance without first giving the LESSOR 30 days' written notice. (C) Waiver of Subro�ation. LESSOR waives its right of subrogation for damage to the Building, contents therein, loss of use thereof, and/or loss of income, up to the amount of insurance proceeds collected. LESSEE waives its right of subrogation for damage to property in the Leased Premises, loss of use thereof, loss of income andJor 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 party shall isnmediately notify the other parry, in writing. [8j Gancellation or Termination. This lease shall be subject to cancellation and teruiination by LESSOR or LESSEE at any time after the ending date of the inirial term hereof by giving the other garty notice in writing at least 90 days grior to the date when such terminaflon shall become effective. In the event of such termu�ation, and on the effective date of such termination, LESSOR shall return any uneamed rental paid by the LESSEE without interest. [9] Notice• All notices herein provided to be given, ar that may be given by either pany to the other, shall be deemed to have been fully given when served personally on LESSOR or LESSEE, or when made in writing and deposited in the United States Mail, certified and postage prepaid, and addressed to the LE5SEE at the address stated on page (1) and to the LFSSOR at ffie Real Estate Division, 140 City Hall, Saint Paul, Minnesota 55102. The address to which the notice shall be mailed xnay be changed by written notice given by either party to the other. Nothing herein shall preclude the giving of such address change notice by personal service. [10] Assienment and Sublettine. LESSEE shall 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 �*� - sys to sublease the Leased Premises. [ll] Maintenance and Regairs. LESSEE shall, at its own cost and expense, be responsible for all routine maintenance and repair to keep the L,eased Premises in good repair, safe and in compliance with applicable fire, health, building and other life-safery codes; and all repairs and maintenance needed to keep the buildings or structures on ffie Leased Premises in good condition. LESSEE shall not be responsible for structural repairs. [12] P�vments in Case of Default. LESSEE shall pay LESSOR all costs and e�enses, including reasonable attorney's fees in any reasonable 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. [13] Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner or subsequent termination of this lease, shall quit peacefully and surrender possession of said praperty and its appurtenances to LE5SOR in as good order and condition as the property was delivered to the LESSEE, reasonable wear and tear excepted. [14] Indemnit� The LESSEE agrees to indemnify, defend, save and hold hannless the City of Saint Paul and any agents, officers and employees thereof from all claims, demands, actions or causes af action of whatsoever nature or character, arising out of or by reason of the Lease of the herein described Leased Premises by the L,ESSOR to the LESSEE, or the use or condition of the I.eased Premises or as a result of the operations or business acrivities taking place on the Leased Premises. It is fully understood and agreed that LESSEE is aware of the conditions of the Leased Premises and leases the same "as is." [15] Holdover. Any holdover after the expiration of the term of this I,ease sha11 be allowed only after receiving the written consent of the LFSSOR. Said tenancy shall be deemed to be a tenancy only from month-to-month. All other terms and conditions of tlus Lease sha11 be applicable. [16] Pollution and Contaminants. LESSEE agrees to comply with all ordinances, laws, rules and regulations enacted by any governmental body or agency relating to the control, abatement or emission of air and water contamivants and the disposal of refuse, solid wastes or liquid wastes. LESSEE shail bear all costs and expenses arising from compliance with said ordinances, 1aws, rules, or regulations as they apply to hazardous wastes created, stored or disposed of by LESSEE, and shall indemnify, defend, save and hold l�armless LESSOR from all liability, including without limitation, fines, forfeitures, and penalties azising from the failure by LESSEE to comply with a� -s�.s such ordinances, laws, niles or regularions. LFSSOR has the right to perform cleanup and charge the LESSEE as Additional Rent for such costs should the LESSEE fail to comply. [17] Contro iLing L.�ase• In the event there is any prior e�cisting lease or rental agreement between LFSSEE and LESSOR {or its predecessor in interest) covering the subject proper[y, it is agreed and understood tUat flus Lease shall cancel and teruunate any prior leases or rental agreements as of the effective date of this lease. [18] D�;truction. In ffie event of damage to or destruction of the I.eased Premises or in the evem the premises becomes untenantable or unfit for occupancy due to such damage during the term of this L,ease, LESSOR may at its option: (A) terminate the lease upon fifteen (15) days' written notice to LESSEE; or (B) within fifteen (15) days agree to restore the premises within a reasonable time period following the casualty and, with the consent of the LESSEE, charging the costs in excess of the insurance proceeds, if any, to the LESSEE as Additional Rent; or [i9] Events of Default. The occurrence of any of the following events during the term of this L,ease shall constitute an event of default bp the LES5EE: (A) the filing of a petition to have I.ESSEE adjudicated bavknipt or a petition for reorganiza- tion or arrangement under any laws of the United States relating to bankruptcy filed by LESSEE; (B) in the event a petition to have LESSEE adjudicated banlaupt is filed against LESSEE, the failure to dismiss such petition within ninety (90) days from the date of such filing; (C) the assets of LESSEE or of the business conducted by LESSEE on the I,eased Premises be assumed by any trustee or other person pursuant to any judicial proceedings; (D) LESSEE makes any assignment for the benefit of creditors; (E) the failure by LESSEE, within 10 days of notice by LESSOR to do so, to timely pay Basic Rent or Additional Rent as requixed by this Lease; (F) the failure by LESSEE, within 10 days of notice by LESSOR to do so, to observe and perform any covenant, condition or agreement on its part to be observed or performed as required by this I.ease; or (G) the failure by LESSEE or its surety to discharge, satisfy or release any lien or lien statement filed or recorded against the Leased Premises within sucty days after the date of such filing or record'ang, whichever date is earlier. It is an e�gress covenant and .agreement of LESSOR and LESSEE that LFSSOR may, at its election, terminate this Lease in the event of the occurrence of any of the events described in this paragraph or in paragraph (22) relating to liens, and failure to correct such occunence within the a�-sys time allowed by LESSOR, by giving not less than ten days' writzen norice to LESSEE; and when so terminated, LESSOR may reenter the Leased Premises. This L.ease and its Leased Premises shall not be treated as an asset of LESSEE'S estate. It is further expressly understood and agreed that LE5SOR shall be entitled upon such reentry, notwithstanding any other provision of ttris Lease, to exercise such rights and remedies as are provided in Paragraph (24) of this Lease. [20] Compliance with Laws. The property described herein may be used for only the purposes stated herein. It is ffie sole and exclusive responsibIlity of the LFSSEE in the use of the properiy to comply with all laws, rules, regulations or ordinances imposed by any jurisdiction affecting the use to which the property is proposed to be put. Inability or failure by the LESSEE to comply with any of said laws, rules, regulations or ordinances will not relieve the LESSEE of the obligation to pay the rental provided herein. [21] Non-Discruuination. The LESSEE for himself, his personal representauves, 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 arigin or ancestry shall be excluded from participating in, be denied the benefits of or be otherwise subjected to discriuin�ation in the use of said facilities; (B) that in connection with the consmiction of any improvements on said lands and the fiunishing of services thereon, no discrimivarion shall be practiced in the selection of em- ployees and contractors, by conuactors in the selection and retention of first tier subconuactors, and by first-uer subcontractors in the selection and retention of second-tier subcontractors; (C) that such discriminarion shall not be pracriced against the public in its access in and use of the facilities and services provided for public accommodations (such as eating, sleeping, rest and recreation) constrncted 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 Legislative Code Chapter 183. [22] Liens. The LFSSEE shall not permit mechanic's liens ar other liens to be filed ar established or to remain against the Leased Premises for labor, materials or services fiunished in connection with any addirions, modifications, irnprovements, repairs, renewals or replacements made to the Leased Premises, or for any other reason; provided that if the LESSEE shall first notify the LESSOR of its intention to do so and shall deposit in escrow with the LESSOR a sum of money or a bond or irrevocable let[er of credit acceptable to the LESSOR equal to the amount of the claim of lien, LESSEE may in good faith contest any such claims ar mechanic's or other liens filed or es- tablished and in such event may permit the items contested to remain undischarged and unsatisfied during the period of such contest. ff, in the opinion of the LESSOR, the nonpayment of any such �t�•s�s items subjects the I.eased Premises to any loss or forfeiture, the LESSOR may require the LESSEE to use the escrow account to prompfly pay all such unpaid items and if LESSEE fails to pay from the escrow account, the LESSOR may pay and charge the LFSSEE as Additional Rent. [23] Eminent Domain. In the event the entire L,eased Premises are taken by eminent domain, or such portion thereof is so taken that in LESSEE' S reasonable judgment it is uneconomic thereafter to restore the I.eased Premises and proceed under the terms and provisions of tYus Lease, LESSEE may termivate this I,ease by giving to LFSSOR thirry days' written notice of termination, effective as of the date on which the condeumuig authority acquires legal tifle or physical possession of the I,eased Premises. LESSEE hereby waives and releases any claim to or share in the Awazd of Compensation far the taking, notwithstanding any other provision of law, this I.ease or any other agreement. LESSEE may to the extent otherwise pernutted in the eminent domain proceeding, remove its own trade fixtures at its own eacpense. [24] Default 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: (A) reenter and take possession of the Premises without termination of this I,ease, and use its best efforts to lease the Premises to or enter into an agreement with another person for the account of LESSEE; (B) terminate this lease, exclude LESSEE from possession of the Premises, and use its best efforts to lease the Premises to or enter into an agreement with another in accordance with applicable law; (C) exclude LESSEE from possession of the Premises, with or without terminating this L,ease and operate the Premises itself; (D) tez�ninate the L.ease, exclude LESSEE from possession of ffie Leased Premises, sell all or any part of the Premises at the best price obtainable (provided such sale is pernutted by ap- plicable law,) such sale to be on such temts and conditions as the LESSOR, in its sole discretion, shall determine and apply the proceeds of such sale less any expenses thereof for the account of the LESSEE. (E) exercise any remedies available to it under the Minnesota Uniform Commercial Code; (F) take whatever action at law or in equity may appear necessary or appropriate to collect the Basic Rent and Addi6onal Rent then due and thereafter to become due, or to enforce perfonnance and observance of any obligation, agreement or covenant of the LE5SEE under this L,ease. (G) in exercising any of its remedies set forth in this Section, the LBSSOR 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 L,ease. No remedy herein conferred upon or reserved to LESSOR is intended to be exclusive of any other available remedy or remedies, but each such remedy shall be cumulative and shall be in addition E3 al�-S yS to every other remedy given under this Lease or now or thereafter existing at law or in equity by statute. No delay or omission to exercise any such right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed elcpedient. In order to entitle the LESSOR to exercise any remedy reserved to it in this Provision, it shall not be necessary to give any nofice, other than such norice as may be herein expressly required. [25] . Default of Pavment. LFSSEE agrees that, should it default on any payment owing and due to be paid to LESSOR as provided in this agreement, including but not limited to Basic Rent and Additional Rent, then the remaining unpaid balance shall, at the option of the LESSOR, unmed- iately become due. Said LESSEE further agrees that the LBSSOR may, at its option and without notice to LESSEE, enter judgment against LESSEE in Ramsey Counry District Court for the amount of the unpaid balance. And LESSEE does hereby confess judgment in the amount of the unpaid balance due upon default, and does authorize the LESSOR to enter judgment as provided above. LES5EE does hereby agree that the LESSOR, at its option, may enter a judgment, at any time within one year of the time the last payment shall have come due, for the full amount of the unpaid balance due pursuant to the confession of judgment provided herein. [26] Alterations. The LESSEE will not make any alterations to the premises without the written consent of the LESSOR, such consent not to.be.unreasonably withheld. If the LESSEE desires to make any such alterations, an accurate description shall first be submitted to and approved by the LESSOR and such alterations shall be done by the LES5EE at its own expense. All such work shall be performed under the LESSOR'S supervision and any unprovements made to the Leased Premises at the LESSEE'S expense shall become the property of the LESSOR aC the end of the Lease period. LESSEE agrees that all alterations will be done in a worlm�anlike manner and in confonnance 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. LESSEE shall have the right to display appropriate signage to identify its presence and mission. [27j Building Im�rovements. be responsible for the cost construction management, As compensation for the use of the Leased Premises, the LFSSEE shall , including but not limited to cost of design and engineering, bidding, cost of construction including labor and materials for the following improvements as prioritized below: (A) Roof replacement including, if necessary, replacement of the roof deck. The roof type and specificazions shall be subject to approval by LESSOR. (B) Tuckpointing of the exterior, including the blocking up of two openings on the south side of the building and one opening on the west side of the building. The specifications and scope of work shall be subject to approval by LESSOR. (C) Repair, or replacement and painting of all windows, doors and exterior trim. The a��s�� determination of the need to repair or replace the windows and exterior doors shall be made or approved by the LESSOR. The LESSOR sf�all also provide or approve the design specifications for the windows, painting and any other related work. (D) Interior painting. The LESSOR shall determine, or approve, the spec�cations for the painting of ihe interior. LESSEE and LESSOR shall mutually determine the areas to be painted. The above unprovements shail be compieted within 120 days of LESSOR'S appmval of the unprovements design, or a date deternuned by the LESSOR. LESSOR has determined that the current rental income of the property over the five yeaz lease period is in the sum of $47,000.00. The total financial outlay for the above improvements, including the various components listed above shall not exceed the sum of $47,000.00. The LESSOR sha11 deternvne whether the LESSEE will provide the design and specification services, subject to LESSOR' S approval of the scope of work and the design firm, or whether the LESSOR shall perform such acfivities and make the LESSEE financially responsibie. This deternunation shall be on an improvement by improvement basis. All work, be it conshucted by the LESSEE' S contractor or LESSOR' S comractor, shall comply with all codes as required in paragraph [20] "Compliance with Laws". Labor and material furnished by the LESSEE in making the above nnprovements shall be paid and obtained at the prevailing rates in accardance with Saint Paul Legislarive Code Section 82A7(a) or furnished to the LESSEE "grafis" by the occupafional groups and material men utilized. In the event that such "grafis" arrangements aze made, LESSEE shall immediately make available to LESSOR, upon LESSOR'S demand, any and all documentation and agreements, etc. wluch touch upon the "gratis" arrazigements. In the event that LESSOR should determine that any labor and material used by LESSEE in making the said improvements was not fwnished "gratis" or fumished below the prevailing rate, LESSEE shali 'unmediately pay LESS�R that sum of money determined by the LESSOR to be the prevailing rate for the labor or material furnished. [28j Amended. Anything herein contained to the contrary not withstanding, this L,ease may be terminated, and the provisions of this I,ease may be, in writing, amended by mutual consent of the parties hereto. 10 �t� - s w.s IN WITNESS WFIEREOF, the parties hereto l�ave set their hands and seals the day and yeaz in this L,ease first above-written. LESSOR: Mayor City Clerk �� of Finance & Management Services � c Department y- /�= City Attorney (Form Approval) LESSEE: Its Its Its 11