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97-775Council File � -' `—° � �', ' °' ! r , �' ° Presented By Referred to Green Sheet # � —�� # ts�� Coimnittee: Date RESOLUTION DII2ECTING Tf� DIVISION OF PARKS AND RECREA7TON OF Tf� CITY OF SAINT PAUL (City) TO RENEW A LEASE AGREEI��NT WITH RAMSEY COUNTY CORRECTIONS (County), LEASING OFFiCE SPACE AT Tf� NORTH END MUL1T-SERVICE CENTER (Center) TO TI� COUNTI'. WITNESSETH: 5 Wf�REAS, City is owner of the North End Multi-Service Center located at 1021 Marion Street; 6 and 7 WHEREAS, City desires to lease space at the Center to non-profit service agencies such as 8 County; and 9 WHEREAS, County operates a commwrity based conections program; and 10 WHEREAS, County needs community based space to house the corrections program; and 11 12 13 14 15 16 WHEREAS, Counry has expressed interest in renewing the lease for space it has leased for many years; and WHEREAS, City has expressecl interest in continuing to lease the space to the County. NOW, THEREFORE BE IT RESOLVED, that the proper officials of the Division of Pazks and Recreation renew the lease agreement with Ramsey County Conections for space the County leases at North End Multi-Service Center. Requested by: u - - - • '- -- � ' �� _ � �� Adopted by Council: Adoption Certi£ied b By RESOLUTION CITY OF SAINT PAUL, MINNESOTA Date � �..,,._ .� C \q9� � y council Secretary Approved by Mayor: Datec� 'Z'� � By: _ _�l_ fform Approved by City Attorney l By: �/� w�� Approved by Mayor for Submission to Counci�l BY / '� G �� q�-��s 37358 ��,T,��N�� DATEINITIATED GREEN SHEE Parks & Recreation 6/2/97 iNmnvoare iNmnware CONTACT PERSON & PHONE � DEPARTMENT DIFECTOR � CRY CAUNG�L Vince 6illespie 266-6408 p��N �CfTVATTORNEY �CRVCLEFK MUST BE ON COUNCIL AGEN�A BY (DATE) NIIYBEA POR ❑ BUDGET DIRECTOR � FIN. & MGT. SERVICES DIR. NOUTING OAOER � MpYOA (OA ASSISTANT) � Pa rlrc TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) AC770N RE�UESTED: Approve resolution directing the Division of Parks & Recreation to renew a lease agreement with Ramsey County for County use of office space at North End Multi—Service Center. RECOMMENDA7iONS: Appmve (A) or qejact (Fl) pERSONAL SERVICE CONTHACTS MUST ANSWER THE FOLLOWING QUESTIONS: ,_ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has this persoMirm ever worked un0er a contract for this Oepartment? ._ CIB COMMITfEE _ VES NO .� STAFF 2- Has [his personKrm ever been a city employee? — YES NO ^ DIS7RIC7 COUAi _ 3. Does this person/firm possess a skill not normally possessetl by any curreM cily employee? SUPPOA7SWHICHCOUNqLOBJECTIVE'+ YES NO Explein all yes answers on separeta sheet anA ettach to green shcet INITATING PROBLEM, ISSUE, OPPORTUNIN (Who. What, When, Where, Why): ��`+ �� F}x n � The lease agreement is up for renewal. J�Q� O3 �t�6'� �� ADVANTAGESIFAPPROVED' The City will continue to lease space to the County and the County will provide Community Corrections services. DISADVANTAGES IF APPRO�ED: �' a �� °�bri:l3b�: �,�`L�.'�,_•,�� '�3cT�r None �p o� � z �1�� ii DISA�VANTAGES {F NOT APPROVED: The City will lose a tenant and the County will need to find alternate space. TOTAL AMOUNT OF 7RANSACTION $ 44 � LSO.38 COS7/REVENUE BUDGE7ED (CIRCLE ONE) VES NO FUNDI(iG SOURCE ACTIVI7Y NUMBER 231OZ FINANCIALINFORFfiATION:(EXPLAIN) .� ' q ' 1 -r��►S LEASE NO. PR-NORTH END # 5 DATE: LESSOR: City of Saint Paul Division of Parks and Recreation North End Multi Service Center LESSEE: Ramsey County Cammunity Corrections Department (1) Leased Premises. The LESSOR in consideration of payment of the Basic Rent and Additionai Rent hereinafter specified to be paid by the LESSEE, and the covenants and agreements herein contained, does hereby lease, demise and let unto LESSEE the premises hereinafter referred to as the "Leased Premises", whose address is: 1021 Marion Street, North End Multi-Service Center and specifically described as; Room 231 and 239 Square Footage 2084 (2) Term of Lease. This lease shall be in effect for a term commencing and en ing on the dates indicated below, unless terminated earlier by the LESSOR as provided herein. Term (MOnthslYears) Commencing Date Ending Date 24 months January 1, 1997 December 31, 1998 (3) Use of Premises. The LESSEE shall use and occupy the Leased Premises for the o owing purpose: To help protect the community by providing investigation, supervision, assessment, treatment alternatives, monetary and community service restitution as well as other specialized programs for juveniles referred by the Juvenile Court. (4) Rent. Rent shall consist of Basic Rent and such Additional Rent as may apply. LESSEE shall pay all rent in advance, on the first day of the term of the lease and on the first day of each payment period thereafter as indicated in the Payment Schedule below: (A) Basic Rent For the period January 1, 1997 to December 31, 1997, total basic rent shall be $22,257.12 for the year, or 51,854.76 per month, calculated at $10.68 per square foot. � ' °l�-�1�5 For the period January 1, 1998 to December 31, 1998, total basic rent shall be 522,923.96 for the year, or $1,910.33 per month, calculated at $11.00 per square foot. (B) Additional Rent. The LESSEE shall pay all Additional Rent. Additional Rent means all amounts, other than Basic Rent provided for in paragraph (4-A) above, which LESSEE shall be obligated to pay under this paragraph or other provisions of this Lease. Additional Rent includes but is not limited to, the following fees, costs and expenses: (1) telephone; (2) costs for the repairs, improvements or alterations required to be made by the LESSEE in paragraph 12 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 notice of same to the LESSEE by LESSOR. LESSEE shall make all payments of Basic Rent and Additional Rent to LESSOR at the following address: Director of North End Multi-Service Center, 1021 Marion Street, Saint Paul, Minnasota 55117. (6) Iti ht of Ent At all times during the term of this lease, the LESSOR sha ave 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) Cancellation or Termination. This lease shall be subject to cancellation and termination by either LESSOR or LESSEE at any time during the term thereof by giving the LES5EE notice in writing at least ninety (90) days prior to the date when such termination shall become effective. In the event of such termination, and on the effective date of such termination, LESSOR shall return any unearned rental paid by the LESSEE without interest. (8) Notice. A11 notices herein provided to be qiven, or which may be given by either party 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 posted prepaid, and addressed to the LESSEE at the address stated on page (1) and to the LESSOR at the Division of Parks and Recreation, 30� City Ha11 Annex, 25 West Fourth Street, Saint Pau1, Minnesota 55102. The address to which the notice shall be mailed may be changed by written notice given by either party to the other. Nothing herein sha11 preclude the giving of such address change notice by personal service. . 9'1- '1�1 S (9) Assiqnment and Sublettinq. Neither LESSOR nor LESSEE shall assign or sublet t is Lease without the written consent of the other, which consent must be obtained in writinq prior to the execution of any such aqreement. (10) Utilities. The LESSOR will provide the following services: A) Electrical energy for lighting, for operation of all business machines and equipment used by LESSEE in the conduct of its business and for all other reasonable uses in connection with LESSEE's business, excluding operation of a computer room. B) Hot and cold water and sewer for normal office needs. C) Air conditioning, heating, and ventilation for normal office needs. D) Adequate lavatories, toilets and all supplies for same for use of LESSEE's agents, employees, servants and invitees; and maintainance of such lavatories, toilets, toilet rooms necessary to maintain them in good working order; and keep them in a safe and sanitary condition; well-lighted and ventilated. E) Electric bubbler-type drinking fountain in the common area. F) Paved parking spaces for automobiles for the use of LESSEE's employees and invitees on a non-exclusive or general basis to be supplied adjacent to the building in which the LEASED PREMISES are located. G) ACCess to the LEASED PREMISE5 with use of an elevator where reasonably necessary, 24-hours per day, seven days per week to specified people who are trained in and familiar with the building security system. (11) Maintenance and Upkeep. A) The LESSOR will provide janitorial and cleaning service adequate to keep the Leased Premises clean at all times according to the requirements described in the agreement between the L�SSOR's agent and the contracted cleaning service. Said agreement is on file in the office of the LESSOR's aqent located at 1021 Marion Street. B) The Lessor will provide exterior maintenance for the Leased Premises including snow and ice removal from all driveways, parking areas and sidewalks on North End Multi-Service Center property. (12) Repairs. Except for Lessor's obligations under - . `�'1-�'15 S paragraph 11 hereof, L,ESSEE shall keep the LEASED PREMISES clean and free from dirt and other refuse, and shall make all repairs to the LEASED PREMZSES that are required as a result of the fault or negligenCe of LESSEE or its employees, agents or invitees. LESSOR shall itself, promptly make all repairs as and when required in and about the LEASED PREMISES, except repairs which are required by the expressed provisions of this lease to be made by LESSEE. Without limitation of LESSOR's obligations as above stated, LESSOR shall make all inside, outside, mechanical and structural repairs to the LEASED PREMISES including, but not limited to, repairs to the roof, foundation, walls and floors, and concealed plumbing, wiring and piping;_replace all worn out or destroyed building equipment; maintain lighting at standard office foot candle intensity, maintain all walks, driveways and parking areas in safe, clean and first class condition including, but not limited to, marking, striping, and signage pertaining thereto as well as making prompt repair of any breaks in the paved surface; and maintain air conditioning, heating, ventilating equipment and controls so as to reasonably assure performance in accordance with normal office standards. (13) Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner termination of this lease, shall quit peacefully and surrender possession of said progert� and its appurtenances to LESSOR in as good order and condition as the property was delivered to the LSSSEE. (14} Indemnit . The LESSOR and LESSEE each agree to indemnify, de en , save and hold harmless each other and any agents, o££icers and employees thereof from all claims, demands, actions or causes of action of whatsoever nature or character, arising out of or by reason of the Lease of the herein described Leased Premises by the LESSOR to the LESSEE, or the use or condition of the Leased Premises or as a result of the operations or business activities taking place on the Leased Premises. It is fully understood and agreed that LESSEE leases the Premises "as is". Nothing in the contract shall constitute a waiver by the LESSOR or LESSEE of any statutory limits or exceptions on liability. (15) Holdover. Any holdover after the expiration of the term of this Lease shall be allowed only after receiving the written consent of the LESSOR. Said tenancy shall be deemed to be a tenancy only from month-to-month. All other terms and conditions of this Lease shall be applicable. (16) Destruction. In the event of damage to or destruction of the Lease Premises or in the event the premises become untenantable or unfit for occupancy due to such damage during the term of this Lease, LESSOR may at its option: °1�-'1T1S 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, charging the costs in excess of the insurance proceeds, if any, to the LESSEE as Additional Rent; or The Basic Rents. to be paid during the restoration period shall be abated in proportion to the percentage of loss and impairment of the use of the Leased Premises as determined by the LESSOR, times the number of days of loss or impairment. (17) Com liance with Laws. The property described herein may be used for only t e purposes stated herein. It is the sole and exclusive resgonsibility o£ the LESSEE in the use of the property to comply with all laws, rules, regulations or ordinances imposed by any jurisdiction affecting the use to which the property is proposed to be put. 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. (18) t3on-Discrimination. LESSOR and LESSEE agree and understand that during the term of this agreement, they shall comply with Minnesota Statute #363, Chapter 183 of the Saint Paul Legislative Code, and Federal requirements of the Americans with Disabilities Act. (19) Liens. The LESSEE shall not permit mechanic's liens or other liens to be filed or established or to remain against the Leased Premises for labor, materials or services furnished in connection with any additions, modifications, improvements, repairs renewals or replacements made to the Leased Premises, or for any other reason; 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 letter of credit acceptable to the LESSOR equal to the amount of the claim of lien, LESSEE may in good faith contest any such claims or mechanic's or other liens filed or established during the period of such contest. If, in the opinion of the LESSOR, the nonpayment of any such items subjects the Leased Premises to any loss or forfeiture, the LESSOR may require the LESSEE to use the escrow account to promptly pay all such unpaid items and if LESSEE fails to gay from the escrow account, the LESSOR may pay and charge the LESSEE as Additional Rent. (20) Default by LESSEE. The occurrence of any of the following shall constitute a material default and breach of this lease by LESSEE: q�t -��1s A) Any £ailure by LESSEE to pay rent or any other monetary sums required to be paid hereunder where such failure continues for ten (10) days after written notice thereof from LESSOR to LESSEE. LESSEE. B) The abandonment or vacation of the LEASED PREMISES by C) A failure of LESSEE to observe and perform any other material provision o£ this lease to be observed or performed by LESSEE, where such failure continues for fifteen (15) days after written notice thereof by LESSOR to LESSEE, provided, however, that if the nature of such default is such that it cannot reasonably be cured within such fi£teen (15) day period, LESSEE shall not be deemed to be in default if LESSEE shall within such period commence such cure and, thereafter, diliqently prosecute the same to completion. Notice by LESSOR shall state with specificity the provision of this lease alleged to be breached and the act or acts of LESSEE acceptable to LESSOR as a cure thereof. D) The attachment, execution or other judicial seizure of substantially all of LESSEE's assets located at the LEASED PREMISES or of LESSEE's interest in this lease, where such seizure is not discharged within forty-five (45) days. In the event of any such material default or breach by LESSEE, LESSOR may at any time thereafter without limiting LESSOR in the exercise of any right or remedy at law or in equity which LESSOR may have by reason of such default or breach serve a written notice on LESSEE that LESSOR elects to terminate this Lease upon a specified date not less than twent� (20) days after the date of the serving of such notice, and this lease shall then expire on the date so specified as if that date had been originally fixed as the expiration date of the term herein granted and without any right of renewal thereafter. No default shall be deemed waived unless in writing and signed by LESSOR except that a default in the payment of rent or additional rent shall be deemed waived if such default is made qood before the notice of termination of this lease shall have been served on LESSEE. (21) Default by LESSOR. In the event the LESSOR fails to observe or perform any covenant or condition of agreement on its part to be observed or performed as required by this Lease and this failure persists for 30 days, the LES5EE may, in addition to all other remedies now or hereafter afforded or provided by law, send notice to LESSOR of intent to per£orm such covenant or agreement for or on behalf of LESSOR or make good any such default and any amount or amounts which LESSEE shall advance pursuant thereto shall be repaid by LESSOR to LESSEE on demand, and if LfiSSOR shall not repay any such amount or amounts upon demand, LSSSEE shall have the privilege of deducting same from the next installment or installments of rent to accrue under this lease. q� -�1 �1 S (22) Alterations. The LESSEE will not make any alterations to the pT'emises without written consent o£ 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 LESSEE at its own expense. Al1 such work shall be performed under the LESSOR's supervision and any improvements made to the Leased Premises at the LESSEE's expense shall become the property of the LESSOR at the end of the L,ease period. LBSSEE agrees that all alterations will be done in a workmanlike manner and in conformance with applicable building codes, that the structural integrity and building systems of the building wi11 not be impaired, and that no liens will attach to the premises by reason thereof. (23) Amendments Aereto. Anythinq herein contained to the contrary not wit stan ing, this Lease may be terminated, and the provisions of this Lease may be, in writing, amended by mutual consent of the parties herein. (24) Waiver of Subrogation. Each party hereto waives against the other any and a rights of recovery for any loss or damage, including consequential loss or damage, caused by any peril or perils covered under their respective property insurance policies. (25) Waste Reduction. The Lessor may at its discretion participate in a recyc ing program for at least four broad types of recyclable materials and shall favor the purchase of recycled products in its procurement processes. Al1 reports, publications and documents produced as a result of this contract may be printed on both sides of the paper, where commonly accepted publishing practices allow, on recycled and recyclable paper using soy-based inks, and may be bound in a manner that does not use glue. (26) Non-Violence. The Lessor and Lessee shall make all reasonable efforts to ensure that their employees, officials and subcontractors do not engage in violence while performing under this contract. Violence, as defined by the Ramsey County Workplace Violence Policy, is any action that is the use of physical force, harassment, or intimidation or abuse of power or authority where the impact is to control by causing pain, fear or hurt. (27) Workforce Di�ve�rs�it �. Lessor and Lessee shall make good faith efforts throug ou t the term of this Contract, and any extensions thereof, to employ persons of color for all g�! - classifications of work under this Contract. WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year in this Lease first above-written. SEE: LESSOR: Mayor �a-..�—�� —a-�-�*—.r-- mmunity Corrections " � �^ 3 l� `/� operty 4an ement �.e�n,e.�� /1 !e',4�t.. . Ris Management � �-yJ irector os r�inance and Management Services uperin en en o ar s and Recreation anager o ecreation : � '��h.Pa��. � l -U..��- City F�,ttorney (Form Approved} APPROVED AS TO FORM � �� Assi tant County Attorney Funds are available: code: y2ZS/ o2�Sc�6 I�l'��r/ �Jpu.-� 5 /ul/s � B�get and Accounting Council File � -' `—° � �', ' °' ! r , �' ° Presented By Referred to Green Sheet # � —�� # ts�� Coimnittee: Date RESOLUTION DII2ECTING Tf� DIVISION OF PARKS AND RECREA7TON OF Tf� CITY OF SAINT PAUL (City) TO RENEW A LEASE AGREEI��NT WITH RAMSEY COUNTY CORRECTIONS (County), LEASING OFFiCE SPACE AT Tf� NORTH END MUL1T-SERVICE CENTER (Center) TO TI� COUNTI'. WITNESSETH: 5 Wf�REAS, City is owner of the North End Multi-Service Center located at 1021 Marion Street; 6 and 7 WHEREAS, City desires to lease space at the Center to non-profit service agencies such as 8 County; and 9 WHEREAS, County operates a commwrity based conections program; and 10 WHEREAS, County needs community based space to house the corrections program; and 11 12 13 14 15 16 WHEREAS, Counry has expressed interest in renewing the lease for space it has leased for many years; and WHEREAS, City has expressecl interest in continuing to lease the space to the County. NOW, THEREFORE BE IT RESOLVED, that the proper officials of the Division of Pazks and Recreation renew the lease agreement with Ramsey County Conections for space the County leases at North End Multi-Service Center. Requested by: u - - - • '- -- � ' �� _ � �� Adopted by Council: Adoption Certi£ied b By RESOLUTION CITY OF SAINT PAUL, MINNESOTA Date � �..,,._ .� C \q9� � y council Secretary Approved by Mayor: Datec� 'Z'� � By: _ _�l_ fform Approved by City Attorney l By: �/� w�� Approved by Mayor for Submission to Counci�l BY / '� G �� q�-��s 37358 ��,T,��N�� DATEINITIATED GREEN SHEE Parks & Recreation 6/2/97 iNmnvoare iNmnware CONTACT PERSON & PHONE � DEPARTMENT DIFECTOR � CRY CAUNG�L Vince 6illespie 266-6408 p��N �CfTVATTORNEY �CRVCLEFK MUST BE ON COUNCIL AGEN�A BY (DATE) NIIYBEA POR ❑ BUDGET DIRECTOR � FIN. & MGT. SERVICES DIR. NOUTING OAOER � MpYOA (OA ASSISTANT) � Pa rlrc TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) AC770N RE�UESTED: Approve resolution directing the Division of Parks & Recreation to renew a lease agreement with Ramsey County for County use of office space at North End Multi—Service Center. RECOMMENDA7iONS: Appmve (A) or qejact (Fl) pERSONAL SERVICE CONTHACTS MUST ANSWER THE FOLLOWING QUESTIONS: ,_ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has this persoMirm ever worked un0er a contract for this Oepartment? ._ CIB COMMITfEE _ VES NO .� STAFF 2- Has [his personKrm ever been a city employee? — YES NO ^ DIS7RIC7 COUAi _ 3. Does this person/firm possess a skill not normally possessetl by any curreM cily employee? SUPPOA7SWHICHCOUNqLOBJECTIVE'+ YES NO Explein all yes answers on separeta sheet anA ettach to green shcet INITATING PROBLEM, ISSUE, OPPORTUNIN (Who. What, When, Where, Why): ��`+ �� F}x n � The lease agreement is up for renewal. J�Q� O3 �t�6'� �� ADVANTAGESIFAPPROVED' The City will continue to lease space to the County and the County will provide Community Corrections services. DISADVANTAGES IF APPRO�ED: �' a �� °�bri:l3b�: �,�`L�.'�,_•,�� '�3cT�r None �p o� � z �1�� ii DISA�VANTAGES {F NOT APPROVED: The City will lose a tenant and the County will need to find alternate space. TOTAL AMOUNT OF 7RANSACTION $ 44 � LSO.38 COS7/REVENUE BUDGE7ED (CIRCLE ONE) VES NO FUNDI(iG SOURCE ACTIVI7Y NUMBER 231OZ FINANCIALINFORFfiATION:(EXPLAIN) .� ' q ' 1 -r��►S LEASE NO. PR-NORTH END # 5 DATE: LESSOR: City of Saint Paul Division of Parks and Recreation North End Multi Service Center LESSEE: Ramsey County Cammunity Corrections Department (1) Leased Premises. The LESSOR in consideration of payment of the Basic Rent and Additionai Rent hereinafter specified to be paid by the LESSEE, and the covenants and agreements herein contained, does hereby lease, demise and let unto LESSEE the premises hereinafter referred to as the "Leased Premises", whose address is: 1021 Marion Street, North End Multi-Service Center and specifically described as; Room 231 and 239 Square Footage 2084 (2) Term of Lease. This lease shall be in effect for a term commencing and en ing on the dates indicated below, unless terminated earlier by the LESSOR as provided herein. Term (MOnthslYears) Commencing Date Ending Date 24 months January 1, 1997 December 31, 1998 (3) Use of Premises. The LESSEE shall use and occupy the Leased Premises for the o owing purpose: To help protect the community by providing investigation, supervision, assessment, treatment alternatives, monetary and community service restitution as well as other specialized programs for juveniles referred by the Juvenile Court. (4) Rent. Rent shall consist of Basic Rent and such Additional Rent as may apply. LESSEE shall pay all rent in advance, on the first day of the term of the lease and on the first day of each payment period thereafter as indicated in the Payment Schedule below: (A) Basic Rent For the period January 1, 1997 to December 31, 1997, total basic rent shall be $22,257.12 for the year, or 51,854.76 per month, calculated at $10.68 per square foot. � ' °l�-�1�5 For the period January 1, 1998 to December 31, 1998, total basic rent shall be 522,923.96 for the year, or $1,910.33 per month, calculated at $11.00 per square foot. (B) Additional Rent. The LESSEE shall pay all Additional Rent. Additional Rent means all amounts, other than Basic Rent provided for in paragraph (4-A) above, which LESSEE shall be obligated to pay under this paragraph or other provisions of this Lease. Additional Rent includes but is not limited to, the following fees, costs and expenses: (1) telephone; (2) costs for the repairs, improvements or alterations required to be made by the LESSEE in paragraph 12 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 notice of same to the LESSEE by LESSOR. LESSEE shall make all payments of Basic Rent and Additional Rent to LESSOR at the following address: Director of North End Multi-Service Center, 1021 Marion Street, Saint Paul, Minnasota 55117. (6) Iti ht of Ent At all times during the term of this lease, the LESSOR sha ave 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) Cancellation or Termination. This lease shall be subject to cancellation and termination by either LESSOR or LESSEE at any time during the term thereof by giving the LES5EE notice in writing at least ninety (90) days prior to the date when such termination shall become effective. In the event of such termination, and on the effective date of such termination, LESSOR shall return any unearned rental paid by the LESSEE without interest. (8) Notice. A11 notices herein provided to be qiven, or which may be given by either party 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 posted prepaid, and addressed to the LESSEE at the address stated on page (1) and to the LESSOR at the Division of Parks and Recreation, 30� City Ha11 Annex, 25 West Fourth Street, Saint Pau1, Minnesota 55102. The address to which the notice shall be mailed may be changed by written notice given by either party to the other. Nothing herein sha11 preclude the giving of such address change notice by personal service. . 9'1- '1�1 S (9) Assiqnment and Sublettinq. Neither LESSOR nor LESSEE shall assign or sublet t is Lease without the written consent of the other, which consent must be obtained in writinq prior to the execution of any such aqreement. (10) Utilities. The LESSOR will provide the following services: A) Electrical energy for lighting, for operation of all business machines and equipment used by LESSEE in the conduct of its business and for all other reasonable uses in connection with LESSEE's business, excluding operation of a computer room. B) Hot and cold water and sewer for normal office needs. C) Air conditioning, heating, and ventilation for normal office needs. D) Adequate lavatories, toilets and all supplies for same for use of LESSEE's agents, employees, servants and invitees; and maintainance of such lavatories, toilets, toilet rooms necessary to maintain them in good working order; and keep them in a safe and sanitary condition; well-lighted and ventilated. E) Electric bubbler-type drinking fountain in the common area. F) Paved parking spaces for automobiles for the use of LESSEE's employees and invitees on a non-exclusive or general basis to be supplied adjacent to the building in which the LEASED PREMISES are located. G) ACCess to the LEASED PREMISE5 with use of an elevator where reasonably necessary, 24-hours per day, seven days per week to specified people who are trained in and familiar with the building security system. (11) Maintenance and Upkeep. A) The LESSOR will provide janitorial and cleaning service adequate to keep the Leased Premises clean at all times according to the requirements described in the agreement between the L�SSOR's agent and the contracted cleaning service. Said agreement is on file in the office of the LESSOR's aqent located at 1021 Marion Street. B) The Lessor will provide exterior maintenance for the Leased Premises including snow and ice removal from all driveways, parking areas and sidewalks on North End Multi-Service Center property. (12) Repairs. Except for Lessor's obligations under - . `�'1-�'15 S paragraph 11 hereof, L,ESSEE shall keep the LEASED PREMISES clean and free from dirt and other refuse, and shall make all repairs to the LEASED PREMZSES that are required as a result of the fault or negligenCe of LESSEE or its employees, agents or invitees. LESSOR shall itself, promptly make all repairs as and when required in and about the LEASED PREMISES, except repairs which are required by the expressed provisions of this lease to be made by LESSEE. Without limitation of LESSOR's obligations as above stated, LESSOR shall make all inside, outside, mechanical and structural repairs to the LEASED PREMISES including, but not limited to, repairs to the roof, foundation, walls and floors, and concealed plumbing, wiring and piping;_replace all worn out or destroyed building equipment; maintain lighting at standard office foot candle intensity, maintain all walks, driveways and parking areas in safe, clean and first class condition including, but not limited to, marking, striping, and signage pertaining thereto as well as making prompt repair of any breaks in the paved surface; and maintain air conditioning, heating, ventilating equipment and controls so as to reasonably assure performance in accordance with normal office standards. (13) Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner termination of this lease, shall quit peacefully and surrender possession of said progert� and its appurtenances to LESSOR in as good order and condition as the property was delivered to the LSSSEE. (14} Indemnit . The LESSOR and LESSEE each agree to indemnify, de en , save and hold harmless each other and any agents, o££icers and employees thereof from all claims, demands, actions or causes of action of whatsoever nature or character, arising out of or by reason of the Lease of the herein described Leased Premises by the LESSOR to the LESSEE, or the use or condition of the Leased Premises or as a result of the operations or business activities taking place on the Leased Premises. It is fully understood and agreed that LESSEE leases the Premises "as is". Nothing in the contract shall constitute a waiver by the LESSOR or LESSEE of any statutory limits or exceptions on liability. (15) Holdover. Any holdover after the expiration of the term of this Lease shall be allowed only after receiving the written consent of the LESSOR. Said tenancy shall be deemed to be a tenancy only from month-to-month. All other terms and conditions of this Lease shall be applicable. (16) Destruction. In the event of damage to or destruction of the Lease Premises or in the event the premises become untenantable or unfit for occupancy due to such damage during the term of this Lease, LESSOR may at its option: °1�-'1T1S 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, charging the costs in excess of the insurance proceeds, if any, to the LESSEE as Additional Rent; or The Basic Rents. to be paid during the restoration period shall be abated in proportion to the percentage of loss and impairment of the use of the Leased Premises as determined by the LESSOR, times the number of days of loss or impairment. (17) Com liance with Laws. The property described herein may be used for only t e purposes stated herein. It is the sole and exclusive resgonsibility o£ the LESSEE in the use of the property to comply with all laws, rules, regulations or ordinances imposed by any jurisdiction affecting the use to which the property is proposed to be put. 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. (18) t3on-Discrimination. LESSOR and LESSEE agree and understand that during the term of this agreement, they shall comply with Minnesota Statute #363, Chapter 183 of the Saint Paul Legislative Code, and Federal requirements of the Americans with Disabilities Act. (19) Liens. The LESSEE shall not permit mechanic's liens or other liens to be filed or established or to remain against the Leased Premises for labor, materials or services furnished in connection with any additions, modifications, improvements, repairs renewals or replacements made to the Leased Premises, or for any other reason; 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 letter of credit acceptable to the LESSOR equal to the amount of the claim of lien, LESSEE may in good faith contest any such claims or mechanic's or other liens filed or established during the period of such contest. If, in the opinion of the LESSOR, the nonpayment of any such items subjects the Leased Premises to any loss or forfeiture, the LESSOR may require the LESSEE to use the escrow account to promptly pay all such unpaid items and if LESSEE fails to gay from the escrow account, the LESSOR may pay and charge the LESSEE as Additional Rent. (20) Default by LESSEE. The occurrence of any of the following shall constitute a material default and breach of this lease by LESSEE: q�t -��1s A) Any £ailure by LESSEE to pay rent or any other monetary sums required to be paid hereunder where such failure continues for ten (10) days after written notice thereof from LESSOR to LESSEE. LESSEE. B) The abandonment or vacation of the LEASED PREMISES by C) A failure of LESSEE to observe and perform any other material provision o£ this lease to be observed or performed by LESSEE, where such failure continues for fifteen (15) days after written notice thereof by LESSOR to LESSEE, provided, however, that if the nature of such default is such that it cannot reasonably be cured within such fi£teen (15) day period, LESSEE shall not be deemed to be in default if LESSEE shall within such period commence such cure and, thereafter, diliqently prosecute the same to completion. Notice by LESSOR shall state with specificity the provision of this lease alleged to be breached and the act or acts of LESSEE acceptable to LESSOR as a cure thereof. D) The attachment, execution or other judicial seizure of substantially all of LESSEE's assets located at the LEASED PREMISES or of LESSEE's interest in this lease, where such seizure is not discharged within forty-five (45) days. In the event of any such material default or breach by LESSEE, LESSOR may at any time thereafter without limiting LESSOR in the exercise of any right or remedy at law or in equity which LESSOR may have by reason of such default or breach serve a written notice on LESSEE that LESSOR elects to terminate this Lease upon a specified date not less than twent� (20) days after the date of the serving of such notice, and this lease shall then expire on the date so specified as if that date had been originally fixed as the expiration date of the term herein granted and without any right of renewal thereafter. No default shall be deemed waived unless in writing and signed by LESSOR except that a default in the payment of rent or additional rent shall be deemed waived if such default is made qood before the notice of termination of this lease shall have been served on LESSEE. (21) Default by LESSOR. In the event the LESSOR fails to observe or perform any covenant or condition of agreement on its part to be observed or performed as required by this Lease and this failure persists for 30 days, the LES5EE may, in addition to all other remedies now or hereafter afforded or provided by law, send notice to LESSOR of intent to per£orm such covenant or agreement for or on behalf of LESSOR or make good any such default and any amount or amounts which LESSEE shall advance pursuant thereto shall be repaid by LESSOR to LESSEE on demand, and if LfiSSOR shall not repay any such amount or amounts upon demand, LSSSEE shall have the privilege of deducting same from the next installment or installments of rent to accrue under this lease. q� -�1 �1 S (22) Alterations. The LESSEE will not make any alterations to the pT'emises without written consent o£ 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 LESSEE at its own expense. Al1 such work shall be performed under the LESSOR's supervision and any improvements made to the Leased Premises at the LESSEE's expense shall become the property of the LESSOR at the end of the L,ease period. LBSSEE agrees that all alterations will be done in a workmanlike manner and in conformance with applicable building codes, that the structural integrity and building systems of the building wi11 not be impaired, and that no liens will attach to the premises by reason thereof. (23) Amendments Aereto. Anythinq herein contained to the contrary not wit stan ing, this Lease may be terminated, and the provisions of this Lease may be, in writing, amended by mutual consent of the parties herein. (24) Waiver of Subrogation. Each party hereto waives against the other any and a rights of recovery for any loss or damage, including consequential loss or damage, caused by any peril or perils covered under their respective property insurance policies. (25) Waste Reduction. The Lessor may at its discretion participate in a recyc ing program for at least four broad types of recyclable materials and shall favor the purchase of recycled products in its procurement processes. Al1 reports, publications and documents produced as a result of this contract may be printed on both sides of the paper, where commonly accepted publishing practices allow, on recycled and recyclable paper using soy-based inks, and may be bound in a manner that does not use glue. (26) Non-Violence. The Lessor and Lessee shall make all reasonable efforts to ensure that their employees, officials and subcontractors do not engage in violence while performing under this contract. Violence, as defined by the Ramsey County Workplace Violence Policy, is any action that is the use of physical force, harassment, or intimidation or abuse of power or authority where the impact is to control by causing pain, fear or hurt. (27) Workforce Di�ve�rs�it �. Lessor and Lessee shall make good faith efforts throug ou t the term of this Contract, and any extensions thereof, to employ persons of color for all g�! - classifications of work under this Contract. WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year in this Lease first above-written. SEE: LESSOR: Mayor �a-..�—�� —a-�-�*—.r-- mmunity Corrections " � �^ 3 l� `/� operty 4an ement �.e�n,e.�� /1 !e',4�t.. . Ris Management � �-yJ irector os r�inance and Management Services uperin en en o ar s and Recreation anager o ecreation : � '��h.Pa��. � l -U..��- City F�,ttorney (Form Approved} APPROVED AS TO FORM � �� Assi tant County Attorney Funds are available: code: y2ZS/ o2�Sc�6 I�l'��r/ �Jpu.-� 5 /ul/s � B�get and Accounting Council File � -' `—° � �', ' °' ! r , �' ° Presented By Referred to Green Sheet # � —�� # ts�� Coimnittee: Date RESOLUTION DII2ECTING Tf� DIVISION OF PARKS AND RECREA7TON OF Tf� CITY OF SAINT PAUL (City) TO RENEW A LEASE AGREEI��NT WITH RAMSEY COUNTY CORRECTIONS (County), LEASING OFFiCE SPACE AT Tf� NORTH END MUL1T-SERVICE CENTER (Center) TO TI� COUNTI'. WITNESSETH: 5 Wf�REAS, City is owner of the North End Multi-Service Center located at 1021 Marion Street; 6 and 7 WHEREAS, City desires to lease space at the Center to non-profit service agencies such as 8 County; and 9 WHEREAS, County operates a commwrity based conections program; and 10 WHEREAS, County needs community based space to house the corrections program; and 11 12 13 14 15 16 WHEREAS, Counry has expressed interest in renewing the lease for space it has leased for many years; and WHEREAS, City has expressecl interest in continuing to lease the space to the County. NOW, THEREFORE BE IT RESOLVED, that the proper officials of the Division of Pazks and Recreation renew the lease agreement with Ramsey County Conections for space the County leases at North End Multi-Service Center. Requested by: u - - - • '- -- � ' �� _ � �� Adopted by Council: Adoption Certi£ied b By RESOLUTION CITY OF SAINT PAUL, MINNESOTA Date � �..,,._ .� C \q9� � y council Secretary Approved by Mayor: Datec� 'Z'� � By: _ _�l_ fform Approved by City Attorney l By: �/� w�� Approved by Mayor for Submission to Counci�l BY / '� G �� q�-��s 37358 ��,T,��N�� DATEINITIATED GREEN SHEE Parks & Recreation 6/2/97 iNmnvoare iNmnware CONTACT PERSON & PHONE � DEPARTMENT DIFECTOR � CRY CAUNG�L Vince 6illespie 266-6408 p��N �CfTVATTORNEY �CRVCLEFK MUST BE ON COUNCIL AGEN�A BY (DATE) NIIYBEA POR ❑ BUDGET DIRECTOR � FIN. & MGT. SERVICES DIR. NOUTING OAOER � MpYOA (OA ASSISTANT) � Pa rlrc TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) AC770N RE�UESTED: Approve resolution directing the Division of Parks & Recreation to renew a lease agreement with Ramsey County for County use of office space at North End Multi—Service Center. RECOMMENDA7iONS: Appmve (A) or qejact (Fl) pERSONAL SERVICE CONTHACTS MUST ANSWER THE FOLLOWING QUESTIONS: ,_ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has this persoMirm ever worked un0er a contract for this Oepartment? ._ CIB COMMITfEE _ VES NO .� STAFF 2- Has [his personKrm ever been a city employee? — YES NO ^ DIS7RIC7 COUAi _ 3. Does this person/firm possess a skill not normally possessetl by any curreM cily employee? SUPPOA7SWHICHCOUNqLOBJECTIVE'+ YES NO Explein all yes answers on separeta sheet anA ettach to green shcet INITATING PROBLEM, ISSUE, OPPORTUNIN (Who. What, When, Where, Why): ��`+ �� F}x n � The lease agreement is up for renewal. J�Q� O3 �t�6'� �� ADVANTAGESIFAPPROVED' The City will continue to lease space to the County and the County will provide Community Corrections services. DISADVANTAGES IF APPRO�ED: �' a �� °�bri:l3b�: �,�`L�.'�,_•,�� '�3cT�r None �p o� � z �1�� ii DISA�VANTAGES {F NOT APPROVED: The City will lose a tenant and the County will need to find alternate space. TOTAL AMOUNT OF 7RANSACTION $ 44 � LSO.38 COS7/REVENUE BUDGE7ED (CIRCLE ONE) VES NO FUNDI(iG SOURCE ACTIVI7Y NUMBER 231OZ FINANCIALINFORFfiATION:(EXPLAIN) .� ' q ' 1 -r��►S LEASE NO. PR-NORTH END # 5 DATE: LESSOR: City of Saint Paul Division of Parks and Recreation North End Multi Service Center LESSEE: Ramsey County Cammunity Corrections Department (1) Leased Premises. The LESSOR in consideration of payment of the Basic Rent and Additionai Rent hereinafter specified to be paid by the LESSEE, and the covenants and agreements herein contained, does hereby lease, demise and let unto LESSEE the premises hereinafter referred to as the "Leased Premises", whose address is: 1021 Marion Street, North End Multi-Service Center and specifically described as; Room 231 and 239 Square Footage 2084 (2) Term of Lease. This lease shall be in effect for a term commencing and en ing on the dates indicated below, unless terminated earlier by the LESSOR as provided herein. Term (MOnthslYears) Commencing Date Ending Date 24 months January 1, 1997 December 31, 1998 (3) Use of Premises. The LESSEE shall use and occupy the Leased Premises for the o owing purpose: To help protect the community by providing investigation, supervision, assessment, treatment alternatives, monetary and community service restitution as well as other specialized programs for juveniles referred by the Juvenile Court. (4) Rent. Rent shall consist of Basic Rent and such Additional Rent as may apply. LESSEE shall pay all rent in advance, on the first day of the term of the lease and on the first day of each payment period thereafter as indicated in the Payment Schedule below: (A) Basic Rent For the period January 1, 1997 to December 31, 1997, total basic rent shall be $22,257.12 for the year, or 51,854.76 per month, calculated at $10.68 per square foot. � ' °l�-�1�5 For the period January 1, 1998 to December 31, 1998, total basic rent shall be 522,923.96 for the year, or $1,910.33 per month, calculated at $11.00 per square foot. (B) Additional Rent. The LESSEE shall pay all Additional Rent. Additional Rent means all amounts, other than Basic Rent provided for in paragraph (4-A) above, which LESSEE shall be obligated to pay under this paragraph or other provisions of this Lease. Additional Rent includes but is not limited to, the following fees, costs and expenses: (1) telephone; (2) costs for the repairs, improvements or alterations required to be made by the LESSEE in paragraph 12 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 notice of same to the LESSEE by LESSOR. LESSEE shall make all payments of Basic Rent and Additional Rent to LESSOR at the following address: Director of North End Multi-Service Center, 1021 Marion Street, Saint Paul, Minnasota 55117. (6) Iti ht of Ent At all times during the term of this lease, the LESSOR sha ave 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) Cancellation or Termination. This lease shall be subject to cancellation and termination by either LESSOR or LESSEE at any time during the term thereof by giving the LES5EE notice in writing at least ninety (90) days prior to the date when such termination shall become effective. In the event of such termination, and on the effective date of such termination, LESSOR shall return any unearned rental paid by the LESSEE without interest. (8) Notice. A11 notices herein provided to be qiven, or which may be given by either party 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 posted prepaid, and addressed to the LESSEE at the address stated on page (1) and to the LESSOR at the Division of Parks and Recreation, 30� City Ha11 Annex, 25 West Fourth Street, Saint Pau1, Minnesota 55102. The address to which the notice shall be mailed may be changed by written notice given by either party to the other. Nothing herein sha11 preclude the giving of such address change notice by personal service. . 9'1- '1�1 S (9) Assiqnment and Sublettinq. Neither LESSOR nor LESSEE shall assign or sublet t is Lease without the written consent of the other, which consent must be obtained in writinq prior to the execution of any such aqreement. (10) Utilities. The LESSOR will provide the following services: A) Electrical energy for lighting, for operation of all business machines and equipment used by LESSEE in the conduct of its business and for all other reasonable uses in connection with LESSEE's business, excluding operation of a computer room. B) Hot and cold water and sewer for normal office needs. C) Air conditioning, heating, and ventilation for normal office needs. D) Adequate lavatories, toilets and all supplies for same for use of LESSEE's agents, employees, servants and invitees; and maintainance of such lavatories, toilets, toilet rooms necessary to maintain them in good working order; and keep them in a safe and sanitary condition; well-lighted and ventilated. E) Electric bubbler-type drinking fountain in the common area. F) Paved parking spaces for automobiles for the use of LESSEE's employees and invitees on a non-exclusive or general basis to be supplied adjacent to the building in which the LEASED PREMISES are located. G) ACCess to the LEASED PREMISE5 with use of an elevator where reasonably necessary, 24-hours per day, seven days per week to specified people who are trained in and familiar with the building security system. (11) Maintenance and Upkeep. A) The LESSOR will provide janitorial and cleaning service adequate to keep the Leased Premises clean at all times according to the requirements described in the agreement between the L�SSOR's agent and the contracted cleaning service. Said agreement is on file in the office of the LESSOR's aqent located at 1021 Marion Street. B) The Lessor will provide exterior maintenance for the Leased Premises including snow and ice removal from all driveways, parking areas and sidewalks on North End Multi-Service Center property. (12) Repairs. Except for Lessor's obligations under - . `�'1-�'15 S paragraph 11 hereof, L,ESSEE shall keep the LEASED PREMISES clean and free from dirt and other refuse, and shall make all repairs to the LEASED PREMZSES that are required as a result of the fault or negligenCe of LESSEE or its employees, agents or invitees. LESSOR shall itself, promptly make all repairs as and when required in and about the LEASED PREMISES, except repairs which are required by the expressed provisions of this lease to be made by LESSEE. Without limitation of LESSOR's obligations as above stated, LESSOR shall make all inside, outside, mechanical and structural repairs to the LEASED PREMISES including, but not limited to, repairs to the roof, foundation, walls and floors, and concealed plumbing, wiring and piping;_replace all worn out or destroyed building equipment; maintain lighting at standard office foot candle intensity, maintain all walks, driveways and parking areas in safe, clean and first class condition including, but not limited to, marking, striping, and signage pertaining thereto as well as making prompt repair of any breaks in the paved surface; and maintain air conditioning, heating, ventilating equipment and controls so as to reasonably assure performance in accordance with normal office standards. (13) Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner termination of this lease, shall quit peacefully and surrender possession of said progert� and its appurtenances to LESSOR in as good order and condition as the property was delivered to the LSSSEE. (14} Indemnit . The LESSOR and LESSEE each agree to indemnify, de en , save and hold harmless each other and any agents, o££icers and employees thereof from all claims, demands, actions or causes of action of whatsoever nature or character, arising out of or by reason of the Lease of the herein described Leased Premises by the LESSOR to the LESSEE, or the use or condition of the Leased Premises or as a result of the operations or business activities taking place on the Leased Premises. It is fully understood and agreed that LESSEE leases the Premises "as is". Nothing in the contract shall constitute a waiver by the LESSOR or LESSEE of any statutory limits or exceptions on liability. (15) Holdover. Any holdover after the expiration of the term of this Lease shall be allowed only after receiving the written consent of the LESSOR. Said tenancy shall be deemed to be a tenancy only from month-to-month. All other terms and conditions of this Lease shall be applicable. (16) Destruction. In the event of damage to or destruction of the Lease Premises or in the event the premises become untenantable or unfit for occupancy due to such damage during the term of this Lease, LESSOR may at its option: °1�-'1T1S 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, charging the costs in excess of the insurance proceeds, if any, to the LESSEE as Additional Rent; or The Basic Rents. to be paid during the restoration period shall be abated in proportion to the percentage of loss and impairment of the use of the Leased Premises as determined by the LESSOR, times the number of days of loss or impairment. (17) Com liance with Laws. The property described herein may be used for only t e purposes stated herein. It is the sole and exclusive resgonsibility o£ the LESSEE in the use of the property to comply with all laws, rules, regulations or ordinances imposed by any jurisdiction affecting the use to which the property is proposed to be put. 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. (18) t3on-Discrimination. LESSOR and LESSEE agree and understand that during the term of this agreement, they shall comply with Minnesota Statute #363, Chapter 183 of the Saint Paul Legislative Code, and Federal requirements of the Americans with Disabilities Act. (19) Liens. The LESSEE shall not permit mechanic's liens or other liens to be filed or established or to remain against the Leased Premises for labor, materials or services furnished in connection with any additions, modifications, improvements, repairs renewals or replacements made to the Leased Premises, or for any other reason; 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 letter of credit acceptable to the LESSOR equal to the amount of the claim of lien, LESSEE may in good faith contest any such claims or mechanic's or other liens filed or established during the period of such contest. If, in the opinion of the LESSOR, the nonpayment of any such items subjects the Leased Premises to any loss or forfeiture, the LESSOR may require the LESSEE to use the escrow account to promptly pay all such unpaid items and if LESSEE fails to gay from the escrow account, the LESSOR may pay and charge the LESSEE as Additional Rent. (20) Default by LESSEE. The occurrence of any of the following shall constitute a material default and breach of this lease by LESSEE: q�t -��1s A) Any £ailure by LESSEE to pay rent or any other monetary sums required to be paid hereunder where such failure continues for ten (10) days after written notice thereof from LESSOR to LESSEE. LESSEE. B) The abandonment or vacation of the LEASED PREMISES by C) A failure of LESSEE to observe and perform any other material provision o£ this lease to be observed or performed by LESSEE, where such failure continues for fifteen (15) days after written notice thereof by LESSOR to LESSEE, provided, however, that if the nature of such default is such that it cannot reasonably be cured within such fi£teen (15) day period, LESSEE shall not be deemed to be in default if LESSEE shall within such period commence such cure and, thereafter, diliqently prosecute the same to completion. Notice by LESSOR shall state with specificity the provision of this lease alleged to be breached and the act or acts of LESSEE acceptable to LESSOR as a cure thereof. D) The attachment, execution or other judicial seizure of substantially all of LESSEE's assets located at the LEASED PREMISES or of LESSEE's interest in this lease, where such seizure is not discharged within forty-five (45) days. In the event of any such material default or breach by LESSEE, LESSOR may at any time thereafter without limiting LESSOR in the exercise of any right or remedy at law or in equity which LESSOR may have by reason of such default or breach serve a written notice on LESSEE that LESSOR elects to terminate this Lease upon a specified date not less than twent� (20) days after the date of the serving of such notice, and this lease shall then expire on the date so specified as if that date had been originally fixed as the expiration date of the term herein granted and without any right of renewal thereafter. No default shall be deemed waived unless in writing and signed by LESSOR except that a default in the payment of rent or additional rent shall be deemed waived if such default is made qood before the notice of termination of this lease shall have been served on LESSEE. (21) Default by LESSOR. In the event the LESSOR fails to observe or perform any covenant or condition of agreement on its part to be observed or performed as required by this Lease and this failure persists for 30 days, the LES5EE may, in addition to all other remedies now or hereafter afforded or provided by law, send notice to LESSOR of intent to per£orm such covenant or agreement for or on behalf of LESSOR or make good any such default and any amount or amounts which LESSEE shall advance pursuant thereto shall be repaid by LESSOR to LESSEE on demand, and if LfiSSOR shall not repay any such amount or amounts upon demand, LSSSEE shall have the privilege of deducting same from the next installment or installments of rent to accrue under this lease. q� -�1 �1 S (22) Alterations. The LESSEE will not make any alterations to the pT'emises without written consent o£ 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 LESSEE at its own expense. Al1 such work shall be performed under the LESSOR's supervision and any improvements made to the Leased Premises at the LESSEE's expense shall become the property of the LESSOR at the end of the L,ease period. LBSSEE agrees that all alterations will be done in a workmanlike manner and in conformance with applicable building codes, that the structural integrity and building systems of the building wi11 not be impaired, and that no liens will attach to the premises by reason thereof. (23) Amendments Aereto. Anythinq herein contained to the contrary not wit stan ing, this Lease may be terminated, and the provisions of this Lease may be, in writing, amended by mutual consent of the parties herein. (24) Waiver of Subrogation. Each party hereto waives against the other any and a rights of recovery for any loss or damage, including consequential loss or damage, caused by any peril or perils covered under their respective property insurance policies. (25) Waste Reduction. The Lessor may at its discretion participate in a recyc ing program for at least four broad types of recyclable materials and shall favor the purchase of recycled products in its procurement processes. Al1 reports, publications and documents produced as a result of this contract may be printed on both sides of the paper, where commonly accepted publishing practices allow, on recycled and recyclable paper using soy-based inks, and may be bound in a manner that does not use glue. (26) Non-Violence. The Lessor and Lessee shall make all reasonable efforts to ensure that their employees, officials and subcontractors do not engage in violence while performing under this contract. Violence, as defined by the Ramsey County Workplace Violence Policy, is any action that is the use of physical force, harassment, or intimidation or abuse of power or authority where the impact is to control by causing pain, fear or hurt. (27) Workforce Di�ve�rs�it �. Lessor and Lessee shall make good faith efforts throug ou t the term of this Contract, and any extensions thereof, to employ persons of color for all g�! - classifications of work under this Contract. WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year in this Lease first above-written. SEE: LESSOR: Mayor �a-..�—�� —a-�-�*—.r-- mmunity Corrections " � �^ 3 l� `/� operty 4an ement �.e�n,e.�� /1 !e',4�t.. . Ris Management � �-yJ irector os r�inance and Management Services uperin en en o ar s and Recreation anager o ecreation : � '��h.Pa��. � l -U..��- City F�,ttorney (Form Approved} APPROVED AS TO FORM � �� Assi tant County Attorney Funds are available: code: y2ZS/ o2�Sc�6 I�l'��r/ �Jpu.-� 5 /ul/s � B�get and Accounting