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98-1016Council File � �C - ��/ (o � � G�.;G� , ._ Presented By Referred to Green Sheet # 64773 1a, Committee: Date 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION DIRECTING THE DIVISION OF PARKS AND RECREATION OF TFIE CiTY OF SAINT PAUL (City) TO RENEW A LEASE AGREEMENT WITH RAMSEY COUNTY CORRECTIONS (County), I,EASING OFFICE SPACE AT THE NORTH END MULTI-SERVICE CENTER (Center) TO THE COUNTY. WITNESSETH: WHEREAS, City is ownet of the North End Multi-Service Center located at 1021 Marion Strezt; and WHEREAS, City desires to lease space at the Center to non-profit service agencies such as County; and WHEREAS, County operates a community basul corrections program; a�d WHEREAS, County needs community based space to house [he corrections program; and WEIEREAS, Comty has expressed interest in renewing the lease for space ic has leased for many years; and WHEREAS, City has expresserl interest in continuing to lease the space to [he County. NOW, THEREFORE BE IT RESOLVED, that the proper officials of the Division of Parks and Recreation renew the lease agreement with Ramsey County Corrections for space the County leases at North End Multi-Service Center. Requested by: Div' P is Recreation By: . ��� Adopted by Council: Date t��� Adoption Certified by Council Secretary By ts '�' By: RESOLUTION CITY OF SA{IVT PAUL, M{NNESOTA f Form Approved by City Attorney ✓' 1 By: � Approved Mayor for Submission to Counc' . DEPFRTMENT/OFFICFICOUNqL Parks and Recreation OATEINITIATFD � GREEN SHEET 10/23/98 � 5,� g� �d�� NO. 64773 CONTAGT PFRSpN ADIO PNONE INITIRIIDATE INITIALlDATE Vince Gillespie 266'�74Q$ p � N � �EPARTMENTDIRECtOR 4 CITYGOUNq� lUMBFA F 2 cin r.noaNfl _arr c�auc MUST BE ON COUNqI AG@!DA BY (DATEI pW�iNG pppFp FNANGPLSEfiVICE$DIR. 5 Parks 3 MAVOR fOfl ASSISTANT TOTAL t OF SIGNATURE PAGES (CIIP ALL L4CA710NS FOR SIGNATURq ACTI�N REQUESTED: Approve resolution directing the Division of Parks and Recreation to renew a lease agreement with Ramsey County Corrections for office space at North End Multi-Service Center. RECOMMENDATIONS: Approve W or Rejett IR) PFit50NAL SFRVICE CONTRACTS MUST ANSW6t THE FOILOWING QUESTIONS: _PLANNING GOMMISSION __CIVIL SERNCE COMMISSION �, Mas ths persoNbrm ever workeC under a con[ract tw tTis Eepartment� CIB COMMITTEE YES NO A STAFF 2. Has ihia persoNfi.m cver been a<�tY mroloytt� -- YES NO DISTRICT COUNqL � �— 3, Ooes [Fu5 perSONtvm poss<4s a sWU not narmaUy pmsessed by any caeront dty emplayae> SUPPORTS WHICH COUNQL o6lECTNP YES NO Exqtln W yea emwen on sapa�ate xheet aMl attach to 9�¢en aheet. INITIATING PROBLEM, ISSUE, OPPOPiUNITY (Who, Wbeq When, V✓here, Whyi: Ramsey County Correciions leases office space at North End Multi-Service Center. The lease expires on December 31, 1998 and a renewal lease must be executed. e �ECEIVED AOVANTAGESIF APPR�VFA: MAYOR'S OF�tCE DISADVANTAGES IF APPqOVED: � DISADVANTAGES IF NOT APPROVF-0: � � t� � E `� :;�v 4't �S- � �f �: �l � � � ��J�� �"' � . = ,.T �' - ,�'� _ `�_ �:. � � � � �� � y E.' ' cr' 1� vl TOTAI. AM�UNT �F TRANSACTION COSTlREVENUEBUOGEfFD(CIRCIEONEI YES N� FVNDIN650URCE ACTIVITYNU BER v���'s! .�'��..�!�``? ;.�:�?`t��s` FINANCIAL INFOftMATION: (EXGLAINI 1 ' •�� � �:� � T,;f,Y MAYOR'S OFFtCE ,� i �I. �J i� � LEASE N0. DATE: LESSOR: LESSEE: PR-NORTH END # 5 City of Saint Paul Division of Parks and Recreation North End Multi Service Center Ramsey County Community Corrections Department (1} Leased Premises. The LESSOR in consideration of payment of t e Basic Rent and Additional Rent hereinafter specified to be paid by the LESSEE, and the covenants and agreements herein contained, does hereby lease, demise and let unto LESSEE the premises hereinafter referred to as the "Leased Premises", whose address is: 1021 Marion Street, North End Multi-Service Center and specifically described as; Room 231 and 239 Square Footage 2084 (2} Tex�n of Lease. This lease shall be in effect for a term commencing an ending on the dates indicated below, unless terminated earlier by the LESSOR as provided herein. Term (MOnths/Years) Commencing Date Ending Date 36 months January 1, 1999 December 31, 2001 (3) Use of Premises. The LESSEE shall use and occupy the Leased Premises for the fo 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 sha11 consist of Basic Rent and such Additional Rent as may apply. LESSEE shall pay all rent in acivance, on the fisst day o£ the term o£.the lease and on the first day of each payment period thereaf as indicated in th2 Payment Schedule below: (A) Basic Rent For the period January 1, rent shall he $23,611.68 calculated at $11.33 per 1999 to Dscember 31, 1999, total basic for the year, or $1,467.64 per month, squa�e foot. , For the period January 1, 2000 to December 31, 2000, total basic rent shall be $24,320.28 for the year, or 52,026.69 per month, calculated at $11.67 per square foot. �. fl 16 For the period January 1, 2001 to December 31, 2001, total basic rent shall be 525,049.64 for the year, or 52,087.47 per month, calculated at $12.02 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, Minnesota 55117. (6) Ri ht of Ent At a11 times during the term of this lease, the LESSOR sha 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) Cancellation or Tennination. This lease shall be subject to cancellation and termination by either LESSOR or LESSEE at any time during t3�e term thereof by giving the LESSEE 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 ef£ective date of such termination, LESSOR shall return any unearned rental paid by the LESSBE without interest. (S) Notice. All notices herein provided to i�e given, or which anay be_given by either party to the flther, shall be deemed to have been fully given when served gersonaily on LESSOR or LESSEE, or when made in writinq 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 IIivision of Parks and Recreation, 300 City Aall Annex, 25 West Fourth Street, Saint Paul, Minnesota�55102. The address to which the n�tice shall be mailed may be changed by written notice given by �� either party to the other. Nothing herein shall preclude the qiving of such address change notice by personal service. d�.�1� (9j Assi nment and Sublettin . Neither LESSOR nor LESSEE shall assign or sublet t is Lease wit out the written consent of the other, which consent must be obtained in writing prior to the execution of any such agreement. {10) Otilities. The LESSOR will provide the fallowing 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 a11 other reasonable uses in connection with LESSEE's business, excluding operation of a computer room. B) Aot and cald 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; we11-lighted and ventilated. area. E) Electric bubbler-type drinkinq fountain in the common Paved parking spaces for automobiles for the use of employees and invitees on a non-exclusive or general be supplied adjacent to the building in which the LEA5ED are located. F) LESSEE's basis to PREMISES G) Access to the LEASED PREMISES with use o£ 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 j�nitorial and cleaning service adequate to kesp the Leased Premises clean at all times ac�ording to the requirements described in the agreement between the LESSOR's agent and the contracted cieaning service. Said agreement is on file in the office of the LESSOR's agent 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 i3prth End Multi-Service Center � . property. (22) �Re a�_irs. Except for Lessor's obligations under paragraph 11 erh eo£, LESSEE shall keep the LEASED PREMISSS clean and frse £rom dirt and other refuse, and shall make all repairs to the LEASED PREMISES that are required as a result of the fault or negligence of I,ESSEE 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 obliqations 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 siqnaqe Qertaining 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 property and its appurtenances to LESSOR in as good order and condition as the property was delivered to the LESSEE. (14) Indemnity. The LESSOR and LESSEE each agree to indemnify, defend, save and hold harmless each other and any agents, officers and employees thereof from all claims, demands, actions or causes of action of whatsoever nature or character, arising out o£ 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 thQ.expir�tion of the term o£ this Lea sa sTiall 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 � r destruction of the Leased Premises or in the event the premises become untenantable or un£it for occupancy due to such damage during the term of this Lease, LESSOR may at its option: .. a � V A} terminate the lease upon fifteen (15) days' written notice to LESSBE; or B) within fifteen (15) days agree to restore the premises within a reasonable time period following the casualty, charging the costs in excess o£ the insurance proceeds, if any, to the LESSEE as Additional Rent; or The Basic Rents to be paid durinq 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) Cflm liance with Laws. The property described herein may be used for on y t e purposes stated herein. It is the sole and exclusive responsibility of the LESSEE in the use of the property to comply with all laws, rules, regulations or ordinances imposed by any jurisdiction affecting the use to which the property is proposed to be put. 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) Non-Discriminatian. LESSOR and LESSEE agree and understand that urinq 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 £iled or established or to remain against the Leased Premises for labor, materials or services furnished in connection with any additions, modifications, improvements, reQairs 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 LESSDR equal to the amount of the claim of lien, LESSEE may in good faith contest any such claims or mechanic's or nther liens filed or established during the period of such contest. I�, in the opinion of the I,ESSOR, 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 pay from the escrow account, the LESSOR may pay and charge the LES5BE as Additional Rent. :�.016 (20) Default by LESSEE. The occurrence of any of the following shall constitute a material default and breach of this lease by LESSEE: 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 o£ the LEASEA PREMISES by C) A failure of LESSEE to observe and perform any other material provision of 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 fifteen (15) day period, LESSEE shall not be deemed to be in default if LE5SEE shall within such period commence such cure and, thereafter, diligently 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 LES5EE, 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 I,ease npon a specified date not less than twenty (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 o£ 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 good before the notice of termination of this lease shall have been served on LESSEE. (21j Default by LESSOR. In tlae event the I,ESSBA £ails.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 £ailure persists for 30 days, the LESSEE may, in addition to all other remedies now or hereafter afforded or provided by law, send notice to LESSOR of intent to perform such covenant or agreement foz or on behalf of•LESSOR or make good any such default and any amount or amounts which LESSEE shall advance pursuant x �. Q 16 thereto shall be regaid by LESSOR to LESSEE on demand, and if LESSOR shall not repay any such amount or amounts upon demand, LESSEE shall have the privilege of deducting same from the next installment or installments of rent to accrue under this lease. (22) Alterations. The LESSEE will not make any alterations to the premises withaut 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 £irst be submitted to and approved by the LESSOR and such alterations shall be done by the LESSEE at its own expense. All such work shall be performed under the LESSOR's supervision and any improvements made to the Leased Premises at the LESSEE's expense shall become the property of the LESSOR at the end of the Lease period. LESSEE agrees that all alterations will be done in a workmanlike manner and in conformance with applicable building codes, that the structural integrity and building systems of the building will not be impaired, and that no liens will attach to the premises by reason thereof. (23) Amendments Hereto. Anything herein contained to the contrary not withstan ing, t is Lease may be terminated, and the provisions of this Lease may be, in writing, amended by mutual consent of the parties herein. (24) Waiver o£ Subro ation. Each party hereto waives against the ot er any an a 1 rig ts 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 Reductian. The Lessor may at its discretion participate in a recyclinq program for at least four broad types of recyclable materials and shall favor the purchase of recycled products in its procurement processes. All reports, publications and documents produced as a result of this contract may be printed on both sides of the pager, where commonly accepted publishinq practices allow, on recycled and recyclable paper using soy-basefl inks, and may be bound in a manner that does not use glue. (26} Non-Vialence. The 7�essor and Zessee shall make all reasonable ef orts to ensure that their employees, officials and subcontractors do not engage in violence while performing under this contract. Violence, as defined by ttse i2amsey 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, £ear or hurt. • � (27) Workforce Divers Lessor and Lessee shall make good faith ef orts t roug out the term of this Contract, and any extensions thereof, to employ persons of color for all classifications of work under this Contract. WITNESS WHERSOF, the parties hereto have set their hands and seals the day and year in this Lease first above-written. LESSEE: C air, County Boar C ie C er , County Boar Communzty Corrections Property Management Ris Management APPROVED AS TO FORM Assistant County Attorney Funds are available: Code: Bu get an Accounting LESSOR: Mayor Director o Finance and Management Services Superinten ent o Par s and Recreation Manager o Recreation City Attorney (Form Approved) Council File � �C - ��/ (o � � G�.;G� , ._ Presented By Referred to Green Sheet # 64773 1a, Committee: Date 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION DIRECTING THE DIVISION OF PARKS AND RECREATION OF TFIE CiTY OF SAINT PAUL (City) TO RENEW A LEASE AGREEMENT WITH RAMSEY COUNTY CORRECTIONS (County), I,EASING OFFICE SPACE AT THE NORTH END MULTI-SERVICE CENTER (Center) TO THE COUNTY. WITNESSETH: WHEREAS, City is ownet of the North End Multi-Service Center located at 1021 Marion Strezt; and WHEREAS, City desires to lease space at the Center to non-profit service agencies such as County; and WHEREAS, County operates a community basul corrections program; a�d WHEREAS, County needs community based space to house [he corrections program; and WEIEREAS, Comty has expressed interest in renewing the lease for space ic has leased for many years; and WHEREAS, City has expresserl interest in continuing to lease the space to [he County. NOW, THEREFORE BE IT RESOLVED, that the proper officials of the Division of Parks and Recreation renew the lease agreement with Ramsey County Corrections for space the County leases at North End Multi-Service Center. Requested by: Div' P is Recreation By: . ��� Adopted by Council: Date t��� Adoption Certified by Council Secretary By ts '�' By: RESOLUTION CITY OF SA{IVT PAUL, M{NNESOTA f Form Approved by City Attorney ✓' 1 By: � Approved Mayor for Submission to Counc' . DEPFRTMENT/OFFICFICOUNqL Parks and Recreation OATEINITIATFD � GREEN SHEET 10/23/98 � 5,� g� �d�� NO. 64773 CONTAGT PFRSpN ADIO PNONE INITIRIIDATE INITIALlDATE Vince Gillespie 266'�74Q$ p � N � �EPARTMENTDIRECtOR 4 CITYGOUNq� lUMBFA F 2 cin r.noaNfl _arr c�auc MUST BE ON COUNqI AG@!DA BY (DATEI pW�iNG pppFp FNANGPLSEfiVICE$DIR. 5 Parks 3 MAVOR fOfl ASSISTANT TOTAL t OF SIGNATURE PAGES (CIIP ALL L4CA710NS FOR SIGNATURq ACTI�N REQUESTED: Approve resolution directing the Division of Parks and Recreation to renew a lease agreement with Ramsey County Corrections for office space at North End Multi-Service Center. RECOMMENDATIONS: Approve W or Rejett IR) PFit50NAL SFRVICE CONTRACTS MUST ANSW6t THE FOILOWING QUESTIONS: _PLANNING GOMMISSION __CIVIL SERNCE COMMISSION �, Mas ths persoNbrm ever workeC under a con[ract tw tTis Eepartment� CIB COMMITTEE YES NO A STAFF 2. Has ihia persoNfi.m cver been a<�tY mroloytt� -- YES NO DISTRICT COUNqL � �— 3, Ooes [Fu5 perSONtvm poss<4s a sWU not narmaUy pmsessed by any caeront dty emplayae> SUPPORTS WHICH COUNQL o6lECTNP YES NO Exqtln W yea emwen on sapa�ate xheet aMl attach to 9�¢en aheet. INITIATING PROBLEM, ISSUE, OPPOPiUNITY (Who, Wbeq When, V✓here, Whyi: Ramsey County Correciions leases office space at North End Multi-Service Center. The lease expires on December 31, 1998 and a renewal lease must be executed. e �ECEIVED AOVANTAGESIF APPR�VFA: MAYOR'S OF�tCE DISADVANTAGES IF APPqOVED: � DISADVANTAGES IF NOT APPROVF-0: � � t� � E `� :;�v 4't �S- � �f �: �l � � � ��J�� �"' � . = ,.T �' - ,�'� _ `�_ �:. � � � � �� � y E.' ' cr' 1� vl TOTAI. AM�UNT �F TRANSACTION COSTlREVENUEBUOGEfFD(CIRCIEONEI YES N� FVNDIN650URCE ACTIVITYNU BER v���'s! .�'��..�!�``? ;.�:�?`t��s` FINANCIAL INFOftMATION: (EXGLAINI 1 ' •�� � �:� � T,;f,Y MAYOR'S OFFtCE ,� i �I. �J i� � LEASE N0. DATE: LESSOR: LESSEE: PR-NORTH END # 5 City of Saint Paul Division of Parks and Recreation North End Multi Service Center Ramsey County Community Corrections Department (1} Leased Premises. The LESSOR in consideration of payment of t e Basic Rent and Additional Rent hereinafter specified to be paid by the LESSEE, and the covenants and agreements herein contained, does hereby lease, demise and let unto LESSEE the premises hereinafter referred to as the "Leased Premises", whose address is: 1021 Marion Street, North End Multi-Service Center and specifically described as; Room 231 and 239 Square Footage 2084 (2} Tex�n of Lease. This lease shall be in effect for a term commencing an ending on the dates indicated below, unless terminated earlier by the LESSOR as provided herein. Term (MOnths/Years) Commencing Date Ending Date 36 months January 1, 1999 December 31, 2001 (3) Use of Premises. The LESSEE shall use and occupy the Leased Premises for the fo 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 sha11 consist of Basic Rent and such Additional Rent as may apply. LESSEE shall pay all rent in acivance, on the fisst day o£ the term o£.the lease and on the first day of each payment period thereaf as indicated in th2 Payment Schedule below: (A) Basic Rent For the period January 1, rent shall he $23,611.68 calculated at $11.33 per 1999 to Dscember 31, 1999, total basic for the year, or $1,467.64 per month, squa�e foot. , For the period January 1, 2000 to December 31, 2000, total basic rent shall be $24,320.28 for the year, or 52,026.69 per month, calculated at $11.67 per square foot. �. fl 16 For the period January 1, 2001 to December 31, 2001, total basic rent shall be 525,049.64 for the year, or 52,087.47 per month, calculated at $12.02 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, Minnesota 55117. (6) Ri ht of Ent At a11 times during the term of this lease, the LESSOR sha 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) Cancellation or Tennination. This lease shall be subject to cancellation and termination by either LESSOR or LESSEE at any time during t3�e term thereof by giving the LESSEE 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 ef£ective date of such termination, LESSOR shall return any unearned rental paid by the LESSBE without interest. (S) Notice. All notices herein provided to i�e given, or which anay be_given by either party to the flther, shall be deemed to have been fully given when served gersonaily on LESSOR or LESSEE, or when made in writinq 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 IIivision of Parks and Recreation, 300 City Aall Annex, 25 West Fourth Street, Saint Paul, Minnesota�55102. The address to which the n�tice shall be mailed may be changed by written notice given by �� either party to the other. Nothing herein shall preclude the qiving of such address change notice by personal service. d�.�1� (9j Assi nment and Sublettin . Neither LESSOR nor LESSEE shall assign or sublet t is Lease wit out the written consent of the other, which consent must be obtained in writing prior to the execution of any such agreement. {10) Otilities. The LESSOR will provide the fallowing 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 a11 other reasonable uses in connection with LESSEE's business, excluding operation of a computer room. B) Aot and cald 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; we11-lighted and ventilated. area. E) Electric bubbler-type drinkinq fountain in the common Paved parking spaces for automobiles for the use of employees and invitees on a non-exclusive or general be supplied adjacent to the building in which the LEA5ED are located. F) LESSEE's basis to PREMISES G) Access to the LEASED PREMISES with use o£ 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 j�nitorial and cleaning service adequate to kesp the Leased Premises clean at all times ac�ording to the requirements described in the agreement between the LESSOR's agent and the contracted cieaning service. Said agreement is on file in the office of the LESSOR's agent 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 i3prth End Multi-Service Center � . property. (22) �Re a�_irs. Except for Lessor's obligations under paragraph 11 erh eo£, LESSEE shall keep the LEASED PREMISSS clean and frse £rom dirt and other refuse, and shall make all repairs to the LEASED PREMISES that are required as a result of the fault or negligence of I,ESSEE 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 obliqations 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 siqnaqe Qertaining 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 property and its appurtenances to LESSOR in as good order and condition as the property was delivered to the LESSEE. (14) Indemnity. The LESSOR and LESSEE each agree to indemnify, defend, save and hold harmless each other and any agents, officers and employees thereof from all claims, demands, actions or causes of action of whatsoever nature or character, arising out o£ 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 thQ.expir�tion of the term o£ this Lea sa sTiall 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 � r destruction of the Leased Premises or in the event the premises become untenantable or un£it for occupancy due to such damage during the term of this Lease, LESSOR may at its option: .. a � V A} terminate the lease upon fifteen (15) days' written notice to LESSBE; or B) within fifteen (15) days agree to restore the premises within a reasonable time period following the casualty, charging the costs in excess o£ the insurance proceeds, if any, to the LESSEE as Additional Rent; or The Basic Rents to be paid durinq 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) Cflm liance with Laws. The property described herein may be used for on y t e purposes stated herein. It is the sole and exclusive responsibility of the LESSEE in the use of the property to comply with all laws, rules, regulations or ordinances imposed by any jurisdiction affecting the use to which the property is proposed to be put. 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) Non-Discriminatian. LESSOR and LESSEE agree and understand that urinq 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 £iled or established or to remain against the Leased Premises for labor, materials or services furnished in connection with any additions, modifications, improvements, reQairs 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 LESSDR equal to the amount of the claim of lien, LESSEE may in good faith contest any such claims or mechanic's or nther liens filed or established during the period of such contest. I�, in the opinion of the I,ESSOR, 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 pay from the escrow account, the LESSOR may pay and charge the LES5BE as Additional Rent. :�.016 (20) Default by LESSEE. The occurrence of any of the following shall constitute a material default and breach of this lease by LESSEE: 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 o£ the LEASEA PREMISES by C) A failure of LESSEE to observe and perform any other material provision of 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 fifteen (15) day period, LESSEE shall not be deemed to be in default if LE5SEE shall within such period commence such cure and, thereafter, diligently 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 LES5EE, 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 I,ease npon a specified date not less than twenty (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 o£ 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 good before the notice of termination of this lease shall have been served on LESSEE. (21j Default by LESSOR. In tlae event the I,ESSBA £ails.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 £ailure persists for 30 days, the LESSEE may, in addition to all other remedies now or hereafter afforded or provided by law, send notice to LESSOR of intent to perform such covenant or agreement foz or on behalf of•LESSOR or make good any such default and any amount or amounts which LESSEE shall advance pursuant x �. Q 16 thereto shall be regaid by LESSOR to LESSEE on demand, and if LESSOR shall not repay any such amount or amounts upon demand, LESSEE shall have the privilege of deducting same from the next installment or installments of rent to accrue under this lease. (22) Alterations. The LESSEE will not make any alterations to the premises withaut 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 £irst be submitted to and approved by the LESSOR and such alterations shall be done by the LESSEE at its own expense. All such work shall be performed under the LESSOR's supervision and any improvements made to the Leased Premises at the LESSEE's expense shall become the property of the LESSOR at the end of the Lease period. LESSEE agrees that all alterations will be done in a workmanlike manner and in conformance with applicable building codes, that the structural integrity and building systems of the building will not be impaired, and that no liens will attach to the premises by reason thereof. (23) Amendments Hereto. Anything herein contained to the contrary not withstan ing, t is Lease may be terminated, and the provisions of this Lease may be, in writing, amended by mutual consent of the parties herein. (24) Waiver o£ Subro ation. Each party hereto waives against the ot er any an a 1 rig ts 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 Reductian. The Lessor may at its discretion participate in a recyclinq program for at least four broad types of recyclable materials and shall favor the purchase of recycled products in its procurement processes. All reports, publications and documents produced as a result of this contract may be printed on both sides of the pager, where commonly accepted publishinq practices allow, on recycled and recyclable paper using soy-basefl inks, and may be bound in a manner that does not use glue. (26} Non-Vialence. The 7�essor and Zessee shall make all reasonable ef orts to ensure that their employees, officials and subcontractors do not engage in violence while performing under this contract. Violence, as defined by ttse i2amsey 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, £ear or hurt. • � (27) Workforce Divers Lessor and Lessee shall make good faith ef orts t roug out the term of this Contract, and any extensions thereof, to employ persons of color for all classifications of work under this Contract. WITNESS WHERSOF, the parties hereto have set their hands and seals the day and year in this Lease first above-written. LESSEE: C air, County Boar C ie C er , County Boar Communzty Corrections Property Management Ris Management APPROVED AS TO FORM Assistant County Attorney Funds are available: Code: Bu get an Accounting LESSOR: Mayor Director o Finance and Management Services Superinten ent o Par s and Recreation Manager o Recreation City Attorney (Form Approved) Council File � �C - ��/ (o � � G�.;G� , ._ Presented By Referred to Green Sheet # 64773 1a, Committee: Date 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION DIRECTING THE DIVISION OF PARKS AND RECREATION OF TFIE CiTY OF SAINT PAUL (City) TO RENEW A LEASE AGREEMENT WITH RAMSEY COUNTY CORRECTIONS (County), I,EASING OFFICE SPACE AT THE NORTH END MULTI-SERVICE CENTER (Center) TO THE COUNTY. WITNESSETH: WHEREAS, City is ownet of the North End Multi-Service Center located at 1021 Marion Strezt; and WHEREAS, City desires to lease space at the Center to non-profit service agencies such as County; and WHEREAS, County operates a community basul corrections program; a�d WHEREAS, County needs community based space to house [he corrections program; and WEIEREAS, Comty has expressed interest in renewing the lease for space ic has leased for many years; and WHEREAS, City has expresserl interest in continuing to lease the space to [he County. NOW, THEREFORE BE IT RESOLVED, that the proper officials of the Division of Parks and Recreation renew the lease agreement with Ramsey County Corrections for space the County leases at North End Multi-Service Center. Requested by: Div' P is Recreation By: . ��� Adopted by Council: Date t��� Adoption Certified by Council Secretary By ts '�' By: RESOLUTION CITY OF SA{IVT PAUL, M{NNESOTA f Form Approved by City Attorney ✓' 1 By: � Approved Mayor for Submission to Counc' . DEPFRTMENT/OFFICFICOUNqL Parks and Recreation OATEINITIATFD � GREEN SHEET 10/23/98 � 5,� g� �d�� NO. 64773 CONTAGT PFRSpN ADIO PNONE INITIRIIDATE INITIALlDATE Vince Gillespie 266'�74Q$ p � N � �EPARTMENTDIRECtOR 4 CITYGOUNq� lUMBFA F 2 cin r.noaNfl _arr c�auc MUST BE ON COUNqI AG@!DA BY (DATEI pW�iNG pppFp FNANGPLSEfiVICE$DIR. 5 Parks 3 MAVOR fOfl ASSISTANT TOTAL t OF SIGNATURE PAGES (CIIP ALL L4CA710NS FOR SIGNATURq ACTI�N REQUESTED: Approve resolution directing the Division of Parks and Recreation to renew a lease agreement with Ramsey County Corrections for office space at North End Multi-Service Center. RECOMMENDATIONS: Approve W or Rejett IR) PFit50NAL SFRVICE CONTRACTS MUST ANSW6t THE FOILOWING QUESTIONS: _PLANNING GOMMISSION __CIVIL SERNCE COMMISSION �, Mas ths persoNbrm ever workeC under a con[ract tw tTis Eepartment� CIB COMMITTEE YES NO A STAFF 2. Has ihia persoNfi.m cver been a<�tY mroloytt� -- YES NO DISTRICT COUNqL � �— 3, Ooes [Fu5 perSONtvm poss<4s a sWU not narmaUy pmsessed by any caeront dty emplayae> SUPPORTS WHICH COUNQL o6lECTNP YES NO Exqtln W yea emwen on sapa�ate xheet aMl attach to 9�¢en aheet. INITIATING PROBLEM, ISSUE, OPPOPiUNITY (Who, Wbeq When, V✓here, Whyi: Ramsey County Correciions leases office space at North End Multi-Service Center. The lease expires on December 31, 1998 and a renewal lease must be executed. e �ECEIVED AOVANTAGESIF APPR�VFA: MAYOR'S OF�tCE DISADVANTAGES IF APPqOVED: � DISADVANTAGES IF NOT APPROVF-0: � � t� � E `� :;�v 4't �S- � �f �: �l � � � ��J�� �"' � . = ,.T �' - ,�'� _ `�_ �:. � � � � �� � y E.' ' cr' 1� vl TOTAI. AM�UNT �F TRANSACTION COSTlREVENUEBUOGEfFD(CIRCIEONEI YES N� FVNDIN650URCE ACTIVITYNU BER v���'s! .�'��..�!�``? ;.�:�?`t��s` FINANCIAL INFOftMATION: (EXGLAINI 1 ' •�� � �:� � T,;f,Y MAYOR'S OFFtCE ,� i �I. �J i� � LEASE N0. DATE: LESSOR: LESSEE: PR-NORTH END # 5 City of Saint Paul Division of Parks and Recreation North End Multi Service Center Ramsey County Community Corrections Department (1} Leased Premises. The LESSOR in consideration of payment of t e Basic Rent and Additional Rent hereinafter specified to be paid by the LESSEE, and the covenants and agreements herein contained, does hereby lease, demise and let unto LESSEE the premises hereinafter referred to as the "Leased Premises", whose address is: 1021 Marion Street, North End Multi-Service Center and specifically described as; Room 231 and 239 Square Footage 2084 (2} Tex�n of Lease. This lease shall be in effect for a term commencing an ending on the dates indicated below, unless terminated earlier by the LESSOR as provided herein. Term (MOnths/Years) Commencing Date Ending Date 36 months January 1, 1999 December 31, 2001 (3) Use of Premises. The LESSEE shall use and occupy the Leased Premises for the fo 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 sha11 consist of Basic Rent and such Additional Rent as may apply. LESSEE shall pay all rent in acivance, on the fisst day o£ the term o£.the lease and on the first day of each payment period thereaf as indicated in th2 Payment Schedule below: (A) Basic Rent For the period January 1, rent shall he $23,611.68 calculated at $11.33 per 1999 to Dscember 31, 1999, total basic for the year, or $1,467.64 per month, squa�e foot. , For the period January 1, 2000 to December 31, 2000, total basic rent shall be $24,320.28 for the year, or 52,026.69 per month, calculated at $11.67 per square foot. �. fl 16 For the period January 1, 2001 to December 31, 2001, total basic rent shall be 525,049.64 for the year, or 52,087.47 per month, calculated at $12.02 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, Minnesota 55117. (6) Ri ht of Ent At a11 times during the term of this lease, the LESSOR sha 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) Cancellation or Tennination. This lease shall be subject to cancellation and termination by either LESSOR or LESSEE at any time during t3�e term thereof by giving the LESSEE 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 ef£ective date of such termination, LESSOR shall return any unearned rental paid by the LESSBE without interest. (S) Notice. All notices herein provided to i�e given, or which anay be_given by either party to the flther, shall be deemed to have been fully given when served gersonaily on LESSOR or LESSEE, or when made in writinq 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 IIivision of Parks and Recreation, 300 City Aall Annex, 25 West Fourth Street, Saint Paul, Minnesota�55102. The address to which the n�tice shall be mailed may be changed by written notice given by �� either party to the other. Nothing herein shall preclude the qiving of such address change notice by personal service. d�.�1� (9j Assi nment and Sublettin . Neither LESSOR nor LESSEE shall assign or sublet t is Lease wit out the written consent of the other, which consent must be obtained in writing prior to the execution of any such agreement. {10) Otilities. The LESSOR will provide the fallowing 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 a11 other reasonable uses in connection with LESSEE's business, excluding operation of a computer room. B) Aot and cald 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; we11-lighted and ventilated. area. E) Electric bubbler-type drinkinq fountain in the common Paved parking spaces for automobiles for the use of employees and invitees on a non-exclusive or general be supplied adjacent to the building in which the LEA5ED are located. F) LESSEE's basis to PREMISES G) Access to the LEASED PREMISES with use o£ 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 j�nitorial and cleaning service adequate to kesp the Leased Premises clean at all times ac�ording to the requirements described in the agreement between the LESSOR's agent and the contracted cieaning service. Said agreement is on file in the office of the LESSOR's agent 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 i3prth End Multi-Service Center � . property. (22) �Re a�_irs. Except for Lessor's obligations under paragraph 11 erh eo£, LESSEE shall keep the LEASED PREMISSS clean and frse £rom dirt and other refuse, and shall make all repairs to the LEASED PREMISES that are required as a result of the fault or negligence of I,ESSEE 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 obliqations 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 siqnaqe Qertaining 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 property and its appurtenances to LESSOR in as good order and condition as the property was delivered to the LESSEE. (14) Indemnity. The LESSOR and LESSEE each agree to indemnify, defend, save and hold harmless each other and any agents, officers and employees thereof from all claims, demands, actions or causes of action of whatsoever nature or character, arising out o£ 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 thQ.expir�tion of the term o£ this Lea sa sTiall 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 � r destruction of the Leased Premises or in the event the premises become untenantable or un£it for occupancy due to such damage during the term of this Lease, LESSOR may at its option: .. a � V A} terminate the lease upon fifteen (15) days' written notice to LESSBE; or B) within fifteen (15) days agree to restore the premises within a reasonable time period following the casualty, charging the costs in excess o£ the insurance proceeds, if any, to the LESSEE as Additional Rent; or The Basic Rents to be paid durinq 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) Cflm liance with Laws. The property described herein may be used for on y t e purposes stated herein. It is the sole and exclusive responsibility of the LESSEE in the use of the property to comply with all laws, rules, regulations or ordinances imposed by any jurisdiction affecting the use to which the property is proposed to be put. 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) Non-Discriminatian. LESSOR and LESSEE agree and understand that urinq 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 £iled or established or to remain against the Leased Premises for labor, materials or services furnished in connection with any additions, modifications, improvements, reQairs 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 LESSDR equal to the amount of the claim of lien, LESSEE may in good faith contest any such claims or mechanic's or nther liens filed or established during the period of such contest. I�, in the opinion of the I,ESSOR, 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 pay from the escrow account, the LESSOR may pay and charge the LES5BE as Additional Rent. :�.016 (20) Default by LESSEE. The occurrence of any of the following shall constitute a material default and breach of this lease by LESSEE: 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 o£ the LEASEA PREMISES by C) A failure of LESSEE to observe and perform any other material provision of 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 fifteen (15) day period, LESSEE shall not be deemed to be in default if LE5SEE shall within such period commence such cure and, thereafter, diligently 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 LES5EE, 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 I,ease npon a specified date not less than twenty (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 o£ 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 good before the notice of termination of this lease shall have been served on LESSEE. (21j Default by LESSOR. In tlae event the I,ESSBA £ails.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 £ailure persists for 30 days, the LESSEE may, in addition to all other remedies now or hereafter afforded or provided by law, send notice to LESSOR of intent to perform such covenant or agreement foz or on behalf of•LESSOR or make good any such default and any amount or amounts which LESSEE shall advance pursuant x �. Q 16 thereto shall be regaid by LESSOR to LESSEE on demand, and if LESSOR shall not repay any such amount or amounts upon demand, LESSEE shall have the privilege of deducting same from the next installment or installments of rent to accrue under this lease. (22) Alterations. The LESSEE will not make any alterations to the premises withaut 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 £irst be submitted to and approved by the LESSOR and such alterations shall be done by the LESSEE at its own expense. All such work shall be performed under the LESSOR's supervision and any improvements made to the Leased Premises at the LESSEE's expense shall become the property of the LESSOR at the end of the Lease period. LESSEE agrees that all alterations will be done in a workmanlike manner and in conformance with applicable building codes, that the structural integrity and building systems of the building will not be impaired, and that no liens will attach to the premises by reason thereof. (23) Amendments Hereto. Anything herein contained to the contrary not withstan ing, t is Lease may be terminated, and the provisions of this Lease may be, in writing, amended by mutual consent of the parties herein. (24) Waiver o£ Subro ation. Each party hereto waives against the ot er any an a 1 rig ts 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 Reductian. The Lessor may at its discretion participate in a recyclinq program for at least four broad types of recyclable materials and shall favor the purchase of recycled products in its procurement processes. All reports, publications and documents produced as a result of this contract may be printed on both sides of the pager, where commonly accepted publishinq practices allow, on recycled and recyclable paper using soy-basefl inks, and may be bound in a manner that does not use glue. (26} Non-Vialence. The 7�essor and Zessee shall make all reasonable ef orts to ensure that their employees, officials and subcontractors do not engage in violence while performing under this contract. Violence, as defined by ttse i2amsey 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, £ear or hurt. • � (27) Workforce Divers Lessor and Lessee shall make good faith ef orts t roug out the term of this Contract, and any extensions thereof, to employ persons of color for all classifications of work under this Contract. WITNESS WHERSOF, the parties hereto have set their hands and seals the day and year in this Lease first above-written. LESSEE: C air, County Boar C ie C er , County Boar Communzty Corrections Property Management Ris Management APPROVED AS TO FORM Assistant County Attorney Funds are available: Code: Bu get an Accounting LESSOR: Mayor Director o Finance and Management Services Superinten ent o Par s and Recreation Manager o Recreation City Attorney (Form Approved)