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97-6A�, � �-, [ , ^ f . �; E r � 'C 4 . �_° : � `..- . Ee, Presented By: Referred To: RESOLUTION CITY OF SA3NT.�AUL, MINNESOTA Councff File # 9 �—�p a Green Sheet #� // Committee:Date: 1 RESOLVED, that the proper City Officials areliereby authorized and directed to execute 2 agreements which include indemnification clauses to save and hold the Landlord harmless from any 3 and all claims arising out of the city's use of space #279, located in the Galtier Shopping Center at 4 175 East Sth Street, St. Paul MN. A copy of said agreement is to be kept on file and of record in 5 the Department of Finance and Management Services. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Thune y C ed by Council: I iqZn Certified by BY� � � �_ � � n Approved by May •: Date: �l� BY� VVG �G _ ��P.i�i Approved by Mayor for Submission to Council: s �, l� ��� GALTIER.XLS �✓ C� q �-(� a •,K 3�7�0 � 06MHiMENTNFFICECOUNGIL DATE INRIATED roLicEDEPax�NT izfiois6 GREEN SHEET INITIAL/DATE INITIAIJDATE CONTACTPEFSON&PHONE OEPARTMENTDIRE qTYCOUNCIL C ll1P.1 WIll1aIn Fl�e 292-3588 N Y EHFOR mATfORNEY OCITYCLERK MUST BE ON CAUNCIL AGENDA BY (DAT'E� RUUTIN6 BUDGEf DIRECTOR � FIN. & MGT. SEqVICES DIR. ORDER MpyOR (Ofl ASSISTANn � TOTAL # OF SIGNATURE PAGES 7 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED. Approval of the attached Council Resolurion allowing the St. Paul Police Department to enter into a lease agreement with Griffm Real Estate Co. for leasing space #279, located in Galtier Shopping Center for the purpose of a police substation. REGOMMSNDATiONS: npprove (A) or Rejecc (R) PERSONAL SEHVICE CONTHACTS MUST ANSWEH TME FOLLOWING DUESTIONS: _ PLANNING COMMISSIQN _ CIVIL SERVICE COMMISSION 1. Has this person/Firm ever worked under a contrad for this department? _ CIB COMMITTEE _ YES NO 2. Has this person/firm ever been a city employee? _ STAFF — YES NO _ DISiFiICT CoURT _ 3. Does this personttirm possess a skill not no�mall by p oy � y possesse any current ciry em I ee. SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO Explain all yes answers on separate sheet antl attaeh to green sheet INITIATMG PROBLEM, ISSUE, OPPpRTUNITY (WMO, Whet, Whe0. Where, Why): The department has been offered office space from Galtier Shopping Center at 1"JS East Sth Street for operating a police substation. ���� D�C � 71��� ���� ���� ADVANTAGESIFAPPROVED. Use of office space by the police depariment for conducting police work in the immediate community. � ��r.. � ' � ,, BEC 1;; fc�g6 �-� � DISADVANTAGESIFAPPROVED� �'k � n �; �-. g � ('�,. � _ ' . �: . None. � _ _ � . _ _ _ ' r, � '� �; �� �'��` !�:�i; � 'c' tJ�Y1 ,i - -°- _�.._�.,__ ...�-���;�� DISADVANTAGES IF NOTAPPROVED� The Police Department will not not be able to use $tis valuable o�ce space for a substation. TOTAL AMOUNT OF TRANSACTfON S 1.00 COST(REVENUE BUDGE7ED (CIRCLE ONE) YES NO FUNDIWG SOURCE CTeRerai FUild ���1� ACTNITY NUMBEH �01-�a1��-fl2g2 FINANCIAL INFORFlATION� (E%PLAIN) � � � �- GALTIER PLAZA SHORT TERM LEASE THIS LEASE AGREEMENT, (the "Lease'7, made this _ day of 996. by and between Griffm Real Estate Company, a Minnesota corporation, d/b( Griffin Companies, as Court Appointed Receiver for Galtier Plaza pursuant to C Order dated May 15, 199fi (hereinafter referred to as "Landlord"), and The ' y of St. Paul Police Department, a municipal corporation (hereinafter referred to s"Tenant"). WITNESSETH, that in consideration of the rents and c enants hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby nts from Landlord, Space #279, consisting of approximately 2,743 square feet f space (the "Leased Premises") located in the Galtier Shopping Center at 17 E. 5th Street, St. Paul, Minnesota 55101, upon the following terms and condi ons: SECTION l. The terms of this Lease shall ommence on October 15, 1996, and shall continue until terminated as set out in Sec on 2 below. SECTION 2. Tenant covenants and Leased Premises, the sum of ° Ee o dollars {� either party upon fifteen (15) days writte� SECTION 3. It is understood improvements to the Leased Premis� any signs or decorations placed up . to Landlord's prior written appro 1. "as is" basis and no electric, plu bir Landiord's expense. to pay to Landlord, as rental for the �The Lease may be terminated by to the other party. � d agreed that Tenant shall not make any > and any improvements or alterations made or the Leased Premises by Tenant shall be subject Tenant agrees to accept Leased Premises on an r or HVAC work will be undertaken at SECTION 4. The Le sed Premises shall be used by Tenant solely for operating a police substation for the urpose of conducting police work in the immediate community. Tenant cov ants and agrees to keep the Leased Premisea in a clean and orderly condition, and Premises. Failure to Lease, at Landlord's twenty-four (24} ho ; violation. 11 not store any hazardous or flammable items on the Leased o so shall give Landlord the immediate right to terminate this le discretion, if Tenant does not commence compliance within after receipt of written or oral notiee from Landlord of the SECTIO 5. Landlord shall have the right to enter the Leased Premises at all reasonable 'mes, and other than in an emergency, upon reasonable advance oral notice, for v ous purposes, including but not limited to inspection, cleaning, repairing t e Leased Premises, provided that such entry shall be accomplished in a manner that will cause as little interference with and inconvenience with Tenant's use of the Leased Premises as is reasonable under the circumstances. Landlord shall � „ „�9r ��-��- have the right to exhibit the Lease Premises to prospective tenants or to prospective purchasers at any time. SECTION 6. Tenant agrees that it will promptly repair, at its own e%pense, any damage to the Leased Premises caused by Tenant or Tenant's employees, and that it will surrender the Leased Premises at the termination of the lease hereof in as good condition as when received, e%cepting depreciation caused by ordinary wear and tear, and damage by fire, unavoidable accident, or act of God. SECTION 7. In addition to the Leased Premises, Tenant shall have the right o£non-egclusive use, in common with others entitled to use the same, of automobile parking areas, driveways, footways and such other common area facilities as may be designated by Landlord, subject to reasonable rules and regulations for the use thereof as prescribed by Landlord and attached hereto as Eghibit A. SECTION 8. Tenant, being an arm of the City of St. Paul, has deemed itself self-insured. SECTION 9. Landlord shall not be liable to Tenant or to any other person for or on account of any injury, death, or damage occasioned in, on or about the Leased Premises to persons or property of any nature or sort whatsoever or wheresoever arising, or for or on account of any death or any injury to persons or property that may result by reason of any future lack of repair of the Leased Premises, or from the use, misuse, or nonuse of the Leased Premises or improvements thereon or at any part thereof, any equipment, furnishings, or fiatures therein, or apparatus thereof by any person lawfully or unlawfully upon said premises, or by or from any act, omission, or neglect of any such person, or by or from the acts o£ tenants of adjoining or contiguous property, or in any manner whatsoever growing out of the future condition or use of the Leased Premises or improvements or any part thereo£ Tenant covenants and agrees to indemnify and hold Landlord harmless from and on account of any and all loss, damage, claim of damage, liability, expenses, costs, and attorney's fees arising out of, resulting from, or incurred in connection with the matters or things hereinbefore specified, and from and against any and all damage or liability arising from any accident or any occurrence causing injury or death to any person or damage to any property whomsoever or whatsoever and due directly or indirectly to the use, misuse, or nonuse by Tenant or any of its agents, contractors, servants, employees, or licensees or the condition of the Leased Premises or any part thereof or any appurtenances of equipment thereof or therein, or arising out of any failure of Tenant in any respect to comply with any of the requirements or provisions of this Lease. Nothing herein shall be deemed to increase the limits of Tenant's tort claim liability beyond the limits established by Chapter 466 of Minnesota statutes. SECTION 10. It is egpressly understood and agreed that Tenant may not assign this lease in whole or in part, nor sublet all or any part of the Leased Premises, nor license concessions nor lease departments therein, without first obtaining the written consent of the Landlord. 9�-� a- SECTION 11. All notices from Tenant to Landlord required or permitted hereunder shall be directed to Landlord at 510 Mazquette Avenue, Suite 300, Minneapolis, MN 55402. All notices from Landlord to Tenant required or permitted hereunder shall be directed to Tenant at: �� THE CITY OF ST. POLICE DEPAR.T7 : Date: /� DLA:jr1:156815_1 \ ��P� V�� . LANDLORD: GRIFFIN � ESTATE COM , a Minnesota oration d/bla "Grif�`in Companies" as Court Appointed Receiver, F�le # CIVIL 4-95-970 Pursuant to Court Order dated May 15, 1996 : � � ������ � s� :.:.,: �., BUILDING RULES ANI) REGULATIONS The following rules and regulations shall apply to the Leased Premises, the Building, the parking garage associated therewith, and the appurtenances thereto: 9 7 Q- 1. Sidewalks, doorways, vestibules, halls, stairvrays, and other similar areas shall not 6e o6structed by tenants or used by any tenant for purposes other than in�ess and egress to and from their respective leased premises and for going from one to another part of the Building. 2. Plumbing, fixtures and appliances shall be used only for the purposes for which designed, and no sweepings, ru6bish, rags or other unsuitable material shall be thrown or deposited therein. Damage resulting to any such figtures or appliances from misuse by a tenant or its agents, employees or invitees, shall be paid by such tenant. 3. No signs, advertisements or notices shall be painted or affiged on or to any windows or doors or other part of the Building without the prior written consent of Landlord. No nails, hooks or screws shall be driven or inserted in any part of the Building except by Building maintenance personnel. No curtains or other window treatments shall be placed between the glass and the Building standard window treatments. 4. Landlord shall provide and maintain an alphabetical directory for all tenants in the main lobby of the Building. 5. Landlord shall provide all door locks in each tenant's premises, at the cost of such tenant, and no tenant shall place any additional door locks in its premises without Landlord's prior written consent. Landlord shall furnish to each tenant a reasonabie number of keys to such tenant's leased premises, at such tenant's cost, and no tenant shall make a duplicate thereof. 6. Movement in or out of the Building of furniture or office equipment, or dispatch or receipt hy tenants of any bulky material, merchandise or materials which require use of elevators or stairways, or movement through the Buffding entrances or lobby shall be conducted under Landlord's supervision at such times and in such a manner as Landlord may reasonably require. Each tenant assumes all risks of and shall be liable for all damage to articies moved and injury to persons or public engaged or not engaged in such movement, including equipment, property and personnel of Landiord if daxnaged or injured as a result of acts in connection with carrying out this service for such tenant. 7. Landlord may prescribe weight limitations and determine the locations for safes and other heavy equipment or items, which shall in all cases be piaced in the Building so as to distribute weight in a manner acceptable to Landlord which may include the use of such supporting devices as Landlord may require. All damages to the Building caused by the installation or removal of any property of a tenant, or done by a tenant's property while in the Building, shall be repaired at the expense of such tenant. 9�-��-- 8. Corridor doors, when not in use, sha11 be kept closed. Nothing shall be swept or thrown into the corridors, halls, elevator shafts or stairways. No birds or animals shall be brought into or kept in, on or about any tenant's leased premises. No portion of any tenant's premises shall at any time be used or occupied as sleeping or lodging quarters. 9. Tenants shall cooperate with Landlord's employees in keeping its premises neat and clean. 'Penants shall not employ any person for the purpose of such cleaning other than the Building�s cleaning and maintenance personnel. 10. To ensure orderlq operation of the Buiiding, no ice, mineral or other water, towels, newspapers, etc. shall be delivered to any leased azea egcept by persons approved by Landlord. Il. Tenants shall not make or permit any vibration or improper, o6jectionable or unpleasant noises or odors in the Building or otherwise interfere in any way with other tenants or persons having business with them. 12. No machinery of any ldnd (other than normal office equipment) shall be operated by any tenant on its leased area without Landlord's prior written consent, nor shall any tenant use or keep in the Building any flammable or explosive fluid or substance. 13. Landlord will not be responsible for lost or stolen personal property, money or jewelry from tenant's leased premises or public or common areas regardless of whether such loss occurs when the area is locked against entry or not. 14. No vending or dispensing machines of any kind may be maintained in any leased premises without the prior written permission of Landlord. 15. Tenants shall not conduct any activity on or about the Leased Premises or Building which will draw pickets, demonstrators, or the like. 16. All vehicles are to be currently licensed, in good operating condition, parked for business purposes having to do with tenant's business operated in the Leased Premises, parked within designated parking spaces, one vehicle to each space. No vehicle shall be parked as a"billboard" vehicle in the parking lot. Any vehicle parked improperly may be towed away. The tenants, tenant's agents, employees, vendors and customers who do not operate or park their vehicies as required shall subject the vehicle to being towed at the expense of the owner or driver. The Landlord may piace a"boot" on the vehicle to immobilize it and may levy a charge of $50.00 to remove the "boot". The tenant shall indemnify, hold and save harmless the Landlord of any liability arising from the towing or booting of any vehicles belonging to the tenant, tenant's agents, vendors, employees and customers. DLA:jr1:156885_1