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98-2491 2 3 4 5 6 7 8 9 10 11 12 Return copy to: Real Estate Division 140 City Hall ����By Referred To OR1GlNAL Council File # � � e�ky� Green Sheet # �Z� � � PAUL, MINNESOTA Committee: Date W��REAS, Ramsey County assumed Lease Agreement PW/5 of 31 parking stalls in the Second Street Garage when it purchased the Ramsey County Government Center East building; and WHEREAS, the said Lease Agreement PW/5 expired on February 28, 1998 and has continued on a month to month basis since then; and WHEREAS, a new agreement has been negotiated with Ramsey County to extend the said Lease Agreement PW/5 through February 28, 2000; ao BE IT THEREFORE RESOLVED, that the proper City officials are hereby autharized and directed to execute Lease Agreement PW/5 � ��� �� � T.M.S.JREAL ESTATE DIVISION ontact Person and Phone Number: Dave Nelson �j1W� 266-8850 be on Comcil Agenda bp: TAL # OF SIGNATURE PAGES 1 TION REQUESTED: I 3 �41AYOR (OR ASSLSTANT)/ y 1 1 ALL LOCATIONS FOR FFICE OF FINANCIAL SVCS. $ ESTATE DIVISION To approve a two year extension of Lease Agreement PW/5, an agreement to lease 31 parking spaces in the Second Street Garage to Ramsey County. Ref: 1. Resolutiotk�o��op,,,�� eration; 2. Sample copy of Lease Agreement PW15. � v� ��1Y�3 �sAA� i 9 fQ9$ RSONAL SERVICE CO�N M[JST ANSWER 1'AE FOLLOWING: Has �dfr���et�brked under a contract for tLis department? YES NO PLAPNING COMhUSSION A �"�' Has this perSOWtirm ever been a(.Sty employce? CIVLI. SERViCE COMFQSSION YES NO . Dces this person7firm possess a skill nM normally possessed by any YES NO current GSty employee? cm co:emn�n�es Explain all YES avswers on a se azate sheet and attach. 1RTS WIIICA COUNCIL OBJECTIVE? COUNCIL WARD(5) Z DISTRICT PLANNING COUNCIL � 7 1TIAIG PROBLEM, ISSOE, OPPOR'PtJNITY (Who, What, When, Where, Why?): The lease expired on February 28, 1998. 4GES IF APPROVED: Ramsey County wi11 continue to rent parking spaces. The City will reteive $27,900 per year. None IF APPROVED: NTAGES IF NOT AYPROVED: The City will not receive the rent. Date: 3/11/1998 2 EPARTi 1 TTY AT ET ���1� _ � � : : s-� - : P --�, �: ,...:'� - , � ..,✓ �r�f� S � ���'� �:_�., _ ����i i = = "�-`; E� � _�"�f. W� ., €� C ;.�a � �, ' COTAL AMOUNT OF TRANSACTION: �5$�gOO COSTlREVEN[JE BLIDGETED (CIIiCLE ONE) vnmuvc souucE: NIA ac•riviTr �Ex: NJA 7NANCIAL INFORMATION: (EXPLAIN) YES NO This amount represents two years' rent. �� �WS� Revised 12/11/97 Authority (C.F. or A.O.) LEASE NO. FINANCE DEPT. LEASE NO. PW/S DATE: March 1. 1998 LESSOR: CITY QF SAINT PAUL DEPARTMENT OF PUBLIC WORKS LESSEE: RAMSEY COL7NTY DIVISTON OF PROPERTI' MANAGEMENT 660 Ramsey County Government Center West alg'a�t`1 CITY OF SAINT PAUL STANDARD LEASE AGREEMENT [1] Leased Premises. The LFSSOR, in consideration of the payment of the Basic Rent and Additional Rent hereinafter specified to be paid by the LESSEE, and the covenants and agreements herein contained, does hereby lease, demise and let unto LESSEE the premises hereinafter referred to as the "Leased Premises", consisting of 31 parking spaces in the Second Street Garage (A.K.A. Bridge Yard) whose address is: 131 East Second Street and which is legally described as: A parking garage located under surface of Lots 2, 3 and 4, Block 31, St. Paul Proper. together with any buildings, fixtures in such buildings, improvements and structures, if any, located thereon; See Exhibit "A", plan or map of I.eased Premises which is attached hereto and made a part of this agreement. [2] Term of Lease. This lease shall be in effect for a term commencing and ending on the dates indicated below, unless terminated earlier by the LESSOR or LESSEE as provided herein. Term (Months/Years) Commencing Date Ending Date Two Years March 1, 1998 February 28, 2000 q �-a.y 9 [3] Use of Premises. The LES5EE shall use and occupy the Leased Premises for the purpose of Vehicle Parking and for no other purpose without the prior written consent of LESSOR. [4] Rent. Rent shall consist of Basic Rent, which is based on availability of 31 stalls, and such Addi- tional Rent as may apply. LESSEE shall pay ali 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 tbe Payment Schedule below: Schedule Total Annual Basic Rent (Monthiy Payment Commencing Date $ per Space) $27,900.00 $2,325.00 Mazch 1, 1498 $75.Q0 LESSEE shall make all payments of Basic Rent and Addirional RenY to Public Works Accounting Div., 600 City Hall Annex, St. Paui, MN 55102. The applicable account number for City Finance Accounting Code is: 42340-6801. [5] Right of Entry. At ali times during the term of this lease, the LESSOR shall have the right, by itself, its agents and employees, to enter into and upon the Leased Premises during reasonable business hours or, in ihe event of an emergency, at any time for any legitimate purpose. (6] Insurance. (A) LESSOR'S and LESSEE'S Insurance. The LESSOR and LESSEE shail acquire during the term of this lease the following coverage: (1) COMPREHENSIVE GENERAL LIASILITY INSURANCE (a) LESSOR is self-insured for comprehensive general liability, pursuant to State Statute 466. (b) LESSEE is self-insured for comprehensive general liability, pursuant to State Statute 466. (2) WORKERS' COMPENSATION INSURANCE with not less than statutory minimum limits; and EMPLOYERS' LIABILITY INSURANCE with minimum limits of at least $100,000 per accident and with an all states endorsement. LESSEE is self funded for such coverage. (a) LFSSOR is self funded for such coverage (b} LESSEE is seif funded for such coverage (3) The limits cited under each insurance requirement above establish minimums; and it is the sole respons3bility of the LESSOR and LESSEE to purchase and maintain additional insurance that may be necessary in relation to this lease. 2 018 -ay°� (4) Nothing in this contract shall constitute a waiver by the LESSOR or LESSEE of any statutory limits or exceptions on liability. [7J Cancellation or Termination. This lease shall be subject to canceliation and temunation by either party at any time during ffie term hereof by giving notice in writing to the other party at ninety (90) days, prior to the date when such termination shall become effective. In the event of such temunation and on the effective date of such termination, LESSOR shall return any unearned rental paid by the LESSEE without interest. (8] Notice. All notices herein provided to be given, or that 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 Maii, certified and postage prepaid, and addressed to the LESSEE at the address stated on page (1) and to the LESSOR at the Real Estate Division, 218 City Hall, Saint Paul, Minnesota 55102. The address to which the notice shall be mailed may be changed by wrltten notice given by either party to the other. Nothing herein shall preclude the giving of such address change notice by personal service. [9j Assignment and Sabletting. Except for subleases between LESSEE and its employees for vehicular parking, LES5EE shall not assign or sublet this Lease without the written consent of the LESSOR, which consent must be obtained prior to the execution of any agreement to sublease the Leased Premises. [10] Maintenance and Repairs. (A) LESSOR'S Responsibilities. LESSOR shali, at its own cost and expense, be responsible for all repairs, maintenance and upkeep of the Leased Premises, exclusive of LESSEE'S personal property and any improvements installed by or specifically for the LESSEE, including emergency repairs of any kind and routine maintenance and repair to keep the Leased Premises in good repair, safe and in compliance with applicable fire, health, building and other life-safety codes. Such repairs, maintenance and upkeep shall not be deemed to include custodial duties. (B) LESSEE'S Responsibilities. LESSEE shall, at its own cost and expense, perform custodial duties to keep the Leased Premises clean, orderly and in compl3ance with applicable fire, health, building and other life-safety codes; and shail provide all materials and supplies necessazy for the performance of custodial duties. LESSEE shall also be responsibie for all repairs, maintenance and upkeep of its own personal property and to any improvements that have been installed by or specifically for the LESSEE. [ll] Payments in Case of Default. LESSEE shall pay LESSOR all costs and expenses, including reasonable attorney's fees in any action brought by LESSOR to recover any rent due and unpaid hereunder, or for the breach or default of any of the covenants or agreements contained in this Lease, or to recover possession oF said property, whether such action progresses to judgment or not. 3 q8-a`�� [12] Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner termination of this Iease, 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 ihe LESSEE. [13] Indemnity. The LESSEE agrees to indemnify, defend, save and hold harmless the City of Saint Paul and any agents, officers and employees thereof from all ciauns, demands, actions or causes of action of whatsoever nature or character, arising out of or by reason of the LESSEE's performance or failure to perform under the terms of the Lease, or the use by LESSEE of the Leased Premises under this agreement. It is fuily understood and agreed that LESSEE is awaze of the conditions of the Leased Premises and leases the same "as is." The LESSOR agrees to indemnify, defend, save and hold harmless Ramsey Counry and any agents, officers and employees thereof from all claims, demands, actions or causes of action of whatsoever nature or character, arising out of or by reason of the use by the LESSOR of the remainder of the buiiding in which the Leased Premises are located, or the performance or failure to perform by LESSOR under the terms of this agreement. [14} 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. [15] Pollution and Contaminants. LESSEE and LESSOR agree to comply with all ordinances, laws, rules and regulations enacted by any governmental body or agency relating to ihe control, abatement or emission of air and water contaminants and the disposal of refuse, solid wastes or liquid wastes. LESSEE shali bear all its costs and expenses of complying, or arising from failure by LESSEE to compiy, with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold harmless LESSOR from all liability, including without limitation, fines, forfeitures, and penaities arising from the failure by LESSEE to comply with such ordinances, laws, rules or regulations. LFSSQR has the right to perform cleanup and charge the LESSEE as Additional Rent for such costs should the LESSEE fail to comply. LFSSOR shali bear all its costs and expenses of complying, or arising from failure by LESSOR to comply, with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold harmiess LESSEE from all liability, including without limitation, fines, forfeitures, and penalties arising from the failure by LESSOR to comply with such ordinances, laws, rules or regulations. [16J ControllinQ Lease. In the, event there is any prior existing lease or rental agreement between LESSEE and LESSOR (or iis predecessor in interest) covering the subject property, it is agreed and understood that this Lease shall cancel and terminate any prior leases or rental agreements as of the efFective date of this lease. 0 - [17j Destruction. In the event of damage to or destruction of the Leased Premises or in the event the premises becomes untenantable or unfit for occupancy, in whole or in part, due to such damage during the term of this Lease, LESSOR may at iu option ternrinate the lease upon fifteen (15) days' written notice to LESSEE. The Basic Rents to be paid during the restoration period shall be abated in proportion to the percentage of loss and impaument of the use of the Leased Premises as determined by the LES50R, times the number of days of loss or unpairment. [18] Events of Default. (A) Default by LFSSEE. The occwrence of any of the following events during the term of this Lease shall constitute an event of default by the LESSEE: (1) the failure by LESSEE to timely pay Basic Rent or Additional Rent as required by this Lease; (2) the failure by LESSEE to observe and perform any covenant, condition or agreement on its part to be observed ar performed as required by this Lease; or [19] Compliance with Laws. The property described herein may be used for only the purposes stated herein. It is the sole and exclusive responsibility of the LESSEE 3n the use of the property to comply with all laws, rules, regulations or ordinances unposed by any jurisdiction af£ecting 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. [20] Non-Discrimination. The LESSEE for itself, its personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that (A) no person, on the ground of race, sex, color creed, religion, age, disability, marital status, status with respect to public assistance or national origin or ancestry shali be excluded from participating in, be denied the benefits of or be otherwise subjected to discrimination in the use of said faciliries; (B) that in connection with the construction of any improvements on said lands and the furnishing of services thereon, no discrimination shall be practiced in the selection of employees and con- tractors, by contractors in the selection and retention of first tier subcontractors, and by first-tier subcontractors in the selection and retention of second-tier subcontractors; (C) that such discrimination shall not be practiced against the public in its access in and use of the facilities and services provided for public accommodations (such as eating, sieeping, rest and recreation) constructed or operated on the Leased Premises; and 9 � -a�.°� (D) that the LESSEE shall use the premises in compliance with all other requirements imposed pursuant to the Saint Paul Legisiative Code Chapter 183. [21] Default Remedies. (A) LFSSOR'S Remedies. In the event an Event of Default occurs under pazagraph (19) of this Lease, LESSOR may exercise any one or more of the following remedies: (1) reenter and take possession of the Premises without termination of this Lease, and use its best efforts to lease the Premises to or enter into an agreement with another person for the account of LESSEE; (2) ternunate this lease, exclude LESSEE from possession of the Premises, and use its best efforts to lease the Premises to or enter into an agreement with another in accordance with applicable law; (3) exclude LESSEE from possession of the Premises, with or without terminating this Lease and operate the Premises itself; (4) terminate the Lease, exclude LESSEE from possession of the Leased Premises, sell all or any part of the Premises at the best price obtainahle (provided such sale is permitted by applicable law,) such sale to be on such terms and conditions as the LESSOR, in its sole discretion, shall determine and apply the proceeds of such sale less any expenses thereof for the account of the LESSEE. (5) exercise any remedies available to it under the Minnesota Uniform Commercial Code; (6) take whatever action at law or in equity may appeaz necessary or appropriate to collect the Sasic Rent and Additional Rent then due and thereafter to become due, or to enforce performance and observance of any obligation, agreement or covenant of the LESSEE under this Lease. (7) in exercising any of its remedies set forth in this Section the LESSOR may, whether or not the Lease is then in effect, hoid ihe LESSEE liable for the difference between the payments and other costs for which the LESSEE is responsibie under this Lease. No remedy herein conferred upon or reserved to LESSOR is intended to be exclusive of any other available remedy or remedies, but each such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease or now or thereafter existing at law or in equity by statute. No delay or omission to exercise any such right or power accruing upvn any default shall unpair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the LESSOR to exercise any remedy reserved to it in this Provision, it shall not be necessary to give any notice, other than such notice as may be herein expressly required. qg -ay9 (B) LESSEE'S Remedies. If the LESSOR should default in the performance of the conditions or covenants of this Lease Agreement, LESSEE, in addition to ail other remedies now or hereafter afforded or provided by law, may at its election perform such condition or covenant on behaif of LESSOR or make good any such default and any amount or amounts that LESSEE shall advance pursuant thereto shall be repaid by LESSOR to LESSEE on demand; and, if the LESSOR shali not repay any such amount or amounts upon demand, LESSEE shall have the right to deduct the 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 without the written consent of the LESSOR, such consent not to be unreasonably withheld. If the LESSEE desires to make any such alterations, an accurate description shall first be submitted to and approved by the LESSOR and such alterations shall be done by the LESSEE at its own expense. All such work shail 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 geriod. LFSSEE agrees that all alterations will be done in a worlmianiike 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] Ilnused Spaces. LESSEE shali, in subleasing parking spaces to employees, give priority to the spaces along the north wali of the facility; and any spaces remaining unused shall be made available at no cost to the LESSOR for storage of City-owned vehicles. [24] Renewal. Ninety days prior to the conclusion of the term of this Lease, as shown in Paragraph [2], LESSEE shall have the option of renewing for an additional two years, the rental rate to be determined by negotiation at that time. [25] Amended. Anything herein contained to the contrary not withstanding, this Lease may be ternunated, and the provisions of this Lease may be, in writing, amended by mutual consent of the parties herein. °tg - a�. °� IN WITNESS WFIEREOF, the parties hereto have set their hands and seals the day and year in this Lease first above-written. LESSOR: Mayor City Cierk Director of Technology and Management Services ��-tG���vva°ti-- � -! � �I8" Ciry Attorney (Form Approval) LESSEE �... < ItS CHAIR - Board of Its Chief C ctor of c Commissioners County Board erty Management Approved as to form: ��f�.�,� �i��� As istant ounty Attorney Funds are available .�� Se.hao hAf:.+:qL Account number: ��So2 - ozoq v i ��--� z �4 � Y6 Budgeting & Accounting Insurance Approved: �����a--���- a �S 9G Risk Manager E i � Exhibit "A" ` � fo Lease Agreement PW/5 S � !, : '� h ; ' L s — — •- ..� : -� --- ----_ _ _ ---r-- Y • . • � 4 , j --� . , —, '—, -,_ 1 �' i 1 ` � .� '� 1 4 � I � � i l� 4 � � ,' � f�� 3ti I 32 I 3 �� { l� t1 i� � 27 �ca i � t � 23 I�'� � 1 ZS r 2G � , �� ' i � 4 . � 1 .. - . _ � _ i_ _ �.- �. - } - �---�- --'` -'-� - ; - - - r f . � � � 1 � � y � I � �6 �7 V '�J � 2i ! 22 { �Z � � 14 ( 15 ' i � 18 � 1� }� � 1 1 � � � ' ► ► � � ; � t �.-._� � � � �i, i 1 _ _ � -�- - � _l�__1---• � ^��— r '� I i � � .: � ; v'. 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'� .� �) �3� sECUnn s z+:c sr. �s:n::e Y��:r PAP.KIS�G �:.:):! -� . 1 2 3 4 5 6 7 8 9 10 11 12 Return copy to: Real Estate Division 140 City Hall ����By Referred To OR1GlNAL Council File # � � e�ky� Green Sheet # �Z� � � PAUL, MINNESOTA Committee: Date W��REAS, Ramsey County assumed Lease Agreement PW/5 of 31 parking stalls in the Second Street Garage when it purchased the Ramsey County Government Center East building; and WHEREAS, the said Lease Agreement PW/5 expired on February 28, 1998 and has continued on a month to month basis since then; and WHEREAS, a new agreement has been negotiated with Ramsey County to extend the said Lease Agreement PW/5 through February 28, 2000; ao BE IT THEREFORE RESOLVED, that the proper City officials are hereby autharized and directed to execute Lease Agreement PW/5 � ��� �� � T.M.S.JREAL ESTATE DIVISION ontact Person and Phone Number: Dave Nelson �j1W� 266-8850 be on Comcil Agenda bp: TAL # OF SIGNATURE PAGES 1 TION REQUESTED: I 3 �41AYOR (OR ASSLSTANT)/ y 1 1 ALL LOCATIONS FOR FFICE OF FINANCIAL SVCS. $ ESTATE DIVISION To approve a two year extension of Lease Agreement PW/5, an agreement to lease 31 parking spaces in the Second Street Garage to Ramsey County. Ref: 1. Resolutiotk�o��op,,,�� eration; 2. Sample copy of Lease Agreement PW15. � v� ��1Y�3 �sAA� i 9 fQ9$ RSONAL SERVICE CO�N M[JST ANSWER 1'AE FOLLOWING: Has �dfr���et�brked under a contract for tLis department? YES NO PLAPNING COMhUSSION A �"�' Has this perSOWtirm ever been a(.Sty employce? CIVLI. SERViCE COMFQSSION YES NO . Dces this person7firm possess a skill nM normally possessed by any YES NO current GSty employee? cm co:emn�n�es Explain all YES avswers on a se azate sheet and attach. 1RTS WIIICA COUNCIL OBJECTIVE? COUNCIL WARD(5) Z DISTRICT PLANNING COUNCIL � 7 1TIAIG PROBLEM, ISSOE, OPPOR'PtJNITY (Who, What, When, Where, Why?): The lease expired on February 28, 1998. 4GES IF APPROVED: Ramsey County wi11 continue to rent parking spaces. The City will reteive $27,900 per year. None IF APPROVED: NTAGES IF NOT AYPROVED: The City will not receive the rent. Date: 3/11/1998 2 EPARTi 1 TTY AT ET ���1� _ � � : : s-� - : P --�, �: ,...:'� - , � ..,✓ �r�f� S � ���'� �:_�., _ ����i i = = "�-`; E� � _�"�f. W� ., €� C ;.�a � �, ' COTAL AMOUNT OF TRANSACTION: �5$�gOO COSTlREVEN[JE BLIDGETED (CIIiCLE ONE) vnmuvc souucE: NIA ac•riviTr �Ex: NJA 7NANCIAL INFORMATION: (EXPLAIN) YES NO This amount represents two years' rent. �� �WS� Revised 12/11/97 Authority (C.F. or A.O.) LEASE NO. FINANCE DEPT. LEASE NO. PW/S DATE: March 1. 1998 LESSOR: CITY QF SAINT PAUL DEPARTMENT OF PUBLIC WORKS LESSEE: RAMSEY COL7NTY DIVISTON OF PROPERTI' MANAGEMENT 660 Ramsey County Government Center West alg'a�t`1 CITY OF SAINT PAUL STANDARD LEASE AGREEMENT [1] Leased Premises. The LFSSOR, in consideration of the payment of the Basic Rent and Additional Rent hereinafter specified to be paid by the LESSEE, and the covenants and agreements herein contained, does hereby lease, demise and let unto LESSEE the premises hereinafter referred to as the "Leased Premises", consisting of 31 parking spaces in the Second Street Garage (A.K.A. Bridge Yard) whose address is: 131 East Second Street and which is legally described as: A parking garage located under surface of Lots 2, 3 and 4, Block 31, St. Paul Proper. together with any buildings, fixtures in such buildings, improvements and structures, if any, located thereon; See Exhibit "A", plan or map of I.eased Premises which is attached hereto and made a part of this agreement. [2] Term of Lease. This lease shall be in effect for a term commencing and ending on the dates indicated below, unless terminated earlier by the LESSOR or LESSEE as provided herein. Term (Months/Years) Commencing Date Ending Date Two Years March 1, 1998 February 28, 2000 q �-a.y 9 [3] Use of Premises. The LES5EE shall use and occupy the Leased Premises for the purpose of Vehicle Parking and for no other purpose without the prior written consent of LESSOR. [4] Rent. Rent shall consist of Basic Rent, which is based on availability of 31 stalls, and such Addi- tional Rent as may apply. LESSEE shall pay ali 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 tbe Payment Schedule below: Schedule Total Annual Basic Rent (Monthiy Payment Commencing Date $ per Space) $27,900.00 $2,325.00 Mazch 1, 1498 $75.Q0 LESSEE shall make all payments of Basic Rent and Addirional RenY to Public Works Accounting Div., 600 City Hall Annex, St. Paui, MN 55102. The applicable account number for City Finance Accounting Code is: 42340-6801. [5] Right of Entry. At ali times during the term of this lease, the LESSOR shall have the right, by itself, its agents and employees, to enter into and upon the Leased Premises during reasonable business hours or, in ihe event of an emergency, at any time for any legitimate purpose. (6] Insurance. (A) LESSOR'S and LESSEE'S Insurance. The LESSOR and LESSEE shail acquire during the term of this lease the following coverage: (1) COMPREHENSIVE GENERAL LIASILITY INSURANCE (a) LESSOR is self-insured for comprehensive general liability, pursuant to State Statute 466. (b) LESSEE is self-insured for comprehensive general liability, pursuant to State Statute 466. (2) WORKERS' COMPENSATION INSURANCE with not less than statutory minimum limits; and EMPLOYERS' LIABILITY INSURANCE with minimum limits of at least $100,000 per accident and with an all states endorsement. LESSEE is self funded for such coverage. (a) LFSSOR is self funded for such coverage (b} LESSEE is seif funded for such coverage (3) The limits cited under each insurance requirement above establish minimums; and it is the sole respons3bility of the LESSOR and LESSEE to purchase and maintain additional insurance that may be necessary in relation to this lease. 2 018 -ay°� (4) Nothing in this contract shall constitute a waiver by the LESSOR or LESSEE of any statutory limits or exceptions on liability. [7J Cancellation or Termination. This lease shall be subject to canceliation and temunation by either party at any time during ffie term hereof by giving notice in writing to the other party at ninety (90) days, prior to the date when such termination shall become effective. In the event of such temunation and on the effective date of such termination, LESSOR shall return any unearned rental paid by the LESSEE without interest. (8] Notice. All notices herein provided to be given, or that 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 Maii, certified and postage prepaid, and addressed to the LESSEE at the address stated on page (1) and to the LESSOR at the Real Estate Division, 218 City Hall, Saint Paul, Minnesota 55102. The address to which the notice shall be mailed may be changed by wrltten notice given by either party to the other. Nothing herein shall preclude the giving of such address change notice by personal service. [9j Assignment and Sabletting. Except for subleases between LESSEE and its employees for vehicular parking, LES5EE shall not assign or sublet this Lease without the written consent of the LESSOR, which consent must be obtained prior to the execution of any agreement to sublease the Leased Premises. [10] Maintenance and Repairs. (A) LESSOR'S Responsibilities. LESSOR shali, at its own cost and expense, be responsible for all repairs, maintenance and upkeep of the Leased Premises, exclusive of LESSEE'S personal property and any improvements installed by or specifically for the LESSEE, including emergency repairs of any kind and routine maintenance and repair to keep the Leased Premises in good repair, safe and in compliance with applicable fire, health, building and other life-safety codes. Such repairs, maintenance and upkeep shall not be deemed to include custodial duties. (B) LESSEE'S Responsibilities. LESSEE shall, at its own cost and expense, perform custodial duties to keep the Leased Premises clean, orderly and in compl3ance with applicable fire, health, building and other life-safety codes; and shail provide all materials and supplies necessazy for the performance of custodial duties. LESSEE shall also be responsibie for all repairs, maintenance and upkeep of its own personal property and to any improvements that have been installed by or specifically for the LESSEE. [ll] Payments in Case of Default. LESSEE shall pay LESSOR all costs and expenses, including reasonable attorney's fees in any action brought by LESSOR to recover any rent due and unpaid hereunder, or for the breach or default of any of the covenants or agreements contained in this Lease, or to recover possession oF said property, whether such action progresses to judgment or not. 3 q8-a`�� [12] Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner termination of this Iease, 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 ihe LESSEE. [13] Indemnity. The LESSEE agrees to indemnify, defend, save and hold harmless the City of Saint Paul and any agents, officers and employees thereof from all ciauns, demands, actions or causes of action of whatsoever nature or character, arising out of or by reason of the LESSEE's performance or failure to perform under the terms of the Lease, or the use by LESSEE of the Leased Premises under this agreement. It is fuily understood and agreed that LESSEE is awaze of the conditions of the Leased Premises and leases the same "as is." The LESSOR agrees to indemnify, defend, save and hold harmless Ramsey Counry and any agents, officers and employees thereof from all claims, demands, actions or causes of action of whatsoever nature or character, arising out of or by reason of the use by the LESSOR of the remainder of the buiiding in which the Leased Premises are located, or the performance or failure to perform by LESSOR under the terms of this agreement. [14} 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. [15] Pollution and Contaminants. LESSEE and LESSOR agree to comply with all ordinances, laws, rules and regulations enacted by any governmental body or agency relating to ihe control, abatement or emission of air and water contaminants and the disposal of refuse, solid wastes or liquid wastes. LESSEE shali bear all its costs and expenses of complying, or arising from failure by LESSEE to compiy, with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold harmless LESSOR from all liability, including without limitation, fines, forfeitures, and penaities arising from the failure by LESSEE to comply with such ordinances, laws, rules or regulations. LFSSQR has the right to perform cleanup and charge the LESSEE as Additional Rent for such costs should the LESSEE fail to comply. LFSSOR shali bear all its costs and expenses of complying, or arising from failure by LESSOR to comply, with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold harmiess LESSEE from all liability, including without limitation, fines, forfeitures, and penalties arising from the failure by LESSOR to comply with such ordinances, laws, rules or regulations. [16J ControllinQ Lease. In the, event there is any prior existing lease or rental agreement between LESSEE and LESSOR (or iis predecessor in interest) covering the subject property, it is agreed and understood that this Lease shall cancel and terminate any prior leases or rental agreements as of the efFective date of this lease. 0 - [17j Destruction. In the event of damage to or destruction of the Leased Premises or in the event the premises becomes untenantable or unfit for occupancy, in whole or in part, due to such damage during the term of this Lease, LESSOR may at iu option ternrinate the lease upon fifteen (15) days' written notice to LESSEE. The Basic Rents to be paid during the restoration period shall be abated in proportion to the percentage of loss and impaument of the use of the Leased Premises as determined by the LES50R, times the number of days of loss or unpairment. [18] Events of Default. (A) Default by LFSSEE. The occwrence of any of the following events during the term of this Lease shall constitute an event of default by the LESSEE: (1) the failure by LESSEE to timely pay Basic Rent or Additional Rent as required by this Lease; (2) the failure by LESSEE to observe and perform any covenant, condition or agreement on its part to be observed ar performed as required by this Lease; or [19] Compliance with Laws. The property described herein may be used for only the purposes stated herein. It is the sole and exclusive responsibility of the LESSEE 3n the use of the property to comply with all laws, rules, regulations or ordinances unposed by any jurisdiction af£ecting 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. [20] Non-Discrimination. The LESSEE for itself, its personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that (A) no person, on the ground of race, sex, color creed, religion, age, disability, marital status, status with respect to public assistance or national origin or ancestry shali be excluded from participating in, be denied the benefits of or be otherwise subjected to discrimination in the use of said faciliries; (B) that in connection with the construction of any improvements on said lands and the furnishing of services thereon, no discrimination shall be practiced in the selection of employees and con- tractors, by contractors in the selection and retention of first tier subcontractors, and by first-tier subcontractors in the selection and retention of second-tier subcontractors; (C) that such discrimination shall not be practiced against the public in its access in and use of the facilities and services provided for public accommodations (such as eating, sieeping, rest and recreation) constructed or operated on the Leased Premises; and 9 � -a�.°� (D) that the LESSEE shall use the premises in compliance with all other requirements imposed pursuant to the Saint Paul Legisiative Code Chapter 183. [21] Default Remedies. (A) LFSSOR'S Remedies. In the event an Event of Default occurs under pazagraph (19) of this Lease, LESSOR may exercise any one or more of the following remedies: (1) reenter and take possession of the Premises without termination of this Lease, and use its best efforts to lease the Premises to or enter into an agreement with another person for the account of LESSEE; (2) ternunate this lease, exclude LESSEE from possession of the Premises, and use its best efforts to lease the Premises to or enter into an agreement with another in accordance with applicable law; (3) exclude LESSEE from possession of the Premises, with or without terminating this Lease and operate the Premises itself; (4) terminate the Lease, exclude LESSEE from possession of the Leased Premises, sell all or any part of the Premises at the best price obtainahle (provided such sale is permitted by applicable law,) such sale to be on such terms and conditions as the LESSOR, in its sole discretion, shall determine and apply the proceeds of such sale less any expenses thereof for the account of the LESSEE. (5) exercise any remedies available to it under the Minnesota Uniform Commercial Code; (6) take whatever action at law or in equity may appeaz necessary or appropriate to collect the Sasic Rent and Additional Rent then due and thereafter to become due, or to enforce performance and observance of any obligation, agreement or covenant of the LESSEE under this Lease. (7) in exercising any of its remedies set forth in this Section the LESSOR may, whether or not the Lease is then in effect, hoid ihe LESSEE liable for the difference between the payments and other costs for which the LESSEE is responsibie under this Lease. No remedy herein conferred upon or reserved to LESSOR is intended to be exclusive of any other available remedy or remedies, but each such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease or now or thereafter existing at law or in equity by statute. No delay or omission to exercise any such right or power accruing upvn any default shall unpair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the LESSOR to exercise any remedy reserved to it in this Provision, it shall not be necessary to give any notice, other than such notice as may be herein expressly required. qg -ay9 (B) LESSEE'S Remedies. If the LESSOR should default in the performance of the conditions or covenants of this Lease Agreement, LESSEE, in addition to ail other remedies now or hereafter afforded or provided by law, may at its election perform such condition or covenant on behaif of LESSOR or make good any such default and any amount or amounts that LESSEE shall advance pursuant thereto shall be repaid by LESSOR to LESSEE on demand; and, if the LESSOR shali not repay any such amount or amounts upon demand, LESSEE shall have the right to deduct the 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 without the written consent of the LESSOR, such consent not to be unreasonably withheld. If the LESSEE desires to make any such alterations, an accurate description shall first be submitted to and approved by the LESSOR and such alterations shall be done by the LESSEE at its own expense. All such work shail 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 geriod. LFSSEE agrees that all alterations will be done in a worlmianiike 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] Ilnused Spaces. LESSEE shali, in subleasing parking spaces to employees, give priority to the spaces along the north wali of the facility; and any spaces remaining unused shall be made available at no cost to the LESSOR for storage of City-owned vehicles. [24] Renewal. Ninety days prior to the conclusion of the term of this Lease, as shown in Paragraph [2], LESSEE shall have the option of renewing for an additional two years, the rental rate to be determined by negotiation at that time. [25] Amended. Anything herein contained to the contrary not withstanding, this Lease may be ternunated, and the provisions of this Lease may be, in writing, amended by mutual consent of the parties herein. °tg - a�. °� IN WITNESS WFIEREOF, the parties hereto have set their hands and seals the day and year in this Lease first above-written. LESSOR: Mayor City Cierk Director of Technology and Management Services ��-tG���vva°ti-- � -! � �I8" Ciry Attorney (Form Approval) LESSEE �... < ItS CHAIR - Board of Its Chief C ctor of c Commissioners County Board erty Management Approved as to form: ��f�.�,� �i��� As istant ounty Attorney Funds are available .�� Se.hao hAf:.+:qL Account number: ��So2 - ozoq v i ��--� z �4 � Y6 Budgeting & Accounting Insurance Approved: �����a--���- a �S 9G Risk Manager E i � Exhibit "A" ` � fo Lease Agreement PW/5 S � !, : '� h ; ' L s — — •- ..� : -� --- ----_ _ _ ---r-- Y • . • � 4 , j --� . , —, '—, -,_ 1 �' i 1 ` � .� '� 1 4 � I � � i l� 4 � � ,' � f�� 3ti I 32 I 3 �� { l� t1 i� � 27 �ca i � t � 23 I�'� � 1 ZS r 2G � , �� ' i � 4 . � 1 .. - . _ � _ i_ _ �.- �. - } - �---�- --'` -'-� - ; - - - r f . � � � 1 � � y � I � �6 �7 V '�J � 2i ! 22 { �Z � � 14 ( 15 ' i � 18 � 1� }� � 1 1 � � � ' ► ► � � ; � t �.-._� � � � �i, i 1 _ _ � -�- - � _l�__1---• � ^��— r '� I i � � .: � ; v'. I •� � ; : ��si_ : :! 4 � � 1 - � � �' � :! " � . t ' y ' � � � —7 � � � (� ^ T ..r,?� r_� � ` �^ � :�: j s- ' � ,^ � � � t `t ' � • �; , � � � t � ` � ' L � ` �' 9 � ' • �'s � , ; . "'. �' � i J � � ( � ! 1 � ;`,� ° G � ti � I , �. _. 1 _ -{-- — J � . � . � � , � ¢ � — � – e - � � •.• r ',, f .�a' � • - _ �.:•- .� •:••� , f 1 n ' S�.�E.OFf , � � . f.Mr � 1 , L A6MC• tl,���GE ' • S�a�64E Y Pt�DG[S NF:D�NG � •• • .; � ' � BLLOw. � � � � I CONStnutF�OK i 1 — i � I �"�'�'�� Tltf��p Jl ����.��� i � t i �.� lecsr�o�s •' L ,� J(� c�n.c Sat: T� Bc ic�+� . , � i , i, . . !'LAN V/EW 5- q 1!'-O� � � �ERH:q:T 4 � : i ; � q.�•�.�.q ` ' y � i coKx�.•m xtwc[t . SrowwcL' _ __ a.,.a.m • 'i.jf�t�M'� fuviCS4m i . I � �� � — i� :. (, � i , �; � I . {� .�? — �' _. i 1� js ; i 1 � __J '�. �.., .3 , � �♦ . :� � 6" i i i i �? '� .� �) �3� sECUnn s z+:c sr. �s:n::e Y��:r PAP.KIS�G �:.:):! -� . 1 2 3 4 5 6 7 8 9 10 11 12 Return copy to: Real Estate Division 140 City Hall ����By Referred To OR1GlNAL Council File # � � e�ky� Green Sheet # �Z� � � PAUL, MINNESOTA Committee: Date W��REAS, Ramsey County assumed Lease Agreement PW/5 of 31 parking stalls in the Second Street Garage when it purchased the Ramsey County Government Center East building; and WHEREAS, the said Lease Agreement PW/5 expired on February 28, 1998 and has continued on a month to month basis since then; and WHEREAS, a new agreement has been negotiated with Ramsey County to extend the said Lease Agreement PW/5 through February 28, 2000; ao BE IT THEREFORE RESOLVED, that the proper City officials are hereby autharized and directed to execute Lease Agreement PW/5 � ��� �� � T.M.S.JREAL ESTATE DIVISION ontact Person and Phone Number: Dave Nelson �j1W� 266-8850 be on Comcil Agenda bp: TAL # OF SIGNATURE PAGES 1 TION REQUESTED: I 3 �41AYOR (OR ASSLSTANT)/ y 1 1 ALL LOCATIONS FOR FFICE OF FINANCIAL SVCS. $ ESTATE DIVISION To approve a two year extension of Lease Agreement PW/5, an agreement to lease 31 parking spaces in the Second Street Garage to Ramsey County. Ref: 1. Resolutiotk�o��op,,,�� eration; 2. Sample copy of Lease Agreement PW15. � v� ��1Y�3 �sAA� i 9 fQ9$ RSONAL SERVICE CO�N M[JST ANSWER 1'AE FOLLOWING: Has �dfr���et�brked under a contract for tLis department? YES NO PLAPNING COMhUSSION A �"�' Has this perSOWtirm ever been a(.Sty employce? CIVLI. SERViCE COMFQSSION YES NO . Dces this person7firm possess a skill nM normally possessed by any YES NO current GSty employee? cm co:emn�n�es Explain all YES avswers on a se azate sheet and attach. 1RTS WIIICA COUNCIL OBJECTIVE? COUNCIL WARD(5) Z DISTRICT PLANNING COUNCIL � 7 1TIAIG PROBLEM, ISSOE, OPPOR'PtJNITY (Who, What, When, Where, Why?): The lease expired on February 28, 1998. 4GES IF APPROVED: Ramsey County wi11 continue to rent parking spaces. The City will reteive $27,900 per year. None IF APPROVED: NTAGES IF NOT AYPROVED: The City will not receive the rent. Date: 3/11/1998 2 EPARTi 1 TTY AT ET ���1� _ � � : : s-� - : P --�, �: ,...:'� - , � ..,✓ �r�f� S � ���'� �:_�., _ ����i i = = "�-`; E� � _�"�f. W� ., €� C ;.�a � �, ' COTAL AMOUNT OF TRANSACTION: �5$�gOO COSTlREVEN[JE BLIDGETED (CIIiCLE ONE) vnmuvc souucE: NIA ac•riviTr �Ex: NJA 7NANCIAL INFORMATION: (EXPLAIN) YES NO This amount represents two years' rent. �� �WS� Revised 12/11/97 Authority (C.F. or A.O.) LEASE NO. FINANCE DEPT. LEASE NO. PW/S DATE: March 1. 1998 LESSOR: CITY QF SAINT PAUL DEPARTMENT OF PUBLIC WORKS LESSEE: RAMSEY COL7NTY DIVISTON OF PROPERTI' MANAGEMENT 660 Ramsey County Government Center West alg'a�t`1 CITY OF SAINT PAUL STANDARD LEASE AGREEMENT [1] Leased Premises. The LFSSOR, in consideration of the payment of the Basic Rent and Additional Rent hereinafter specified to be paid by the LESSEE, and the covenants and agreements herein contained, does hereby lease, demise and let unto LESSEE the premises hereinafter referred to as the "Leased Premises", consisting of 31 parking spaces in the Second Street Garage (A.K.A. Bridge Yard) whose address is: 131 East Second Street and which is legally described as: A parking garage located under surface of Lots 2, 3 and 4, Block 31, St. Paul Proper. together with any buildings, fixtures in such buildings, improvements and structures, if any, located thereon; See Exhibit "A", plan or map of I.eased Premises which is attached hereto and made a part of this agreement. [2] Term of Lease. This lease shall be in effect for a term commencing and ending on the dates indicated below, unless terminated earlier by the LESSOR or LESSEE as provided herein. Term (Months/Years) Commencing Date Ending Date Two Years March 1, 1998 February 28, 2000 q �-a.y 9 [3] Use of Premises. The LES5EE shall use and occupy the Leased Premises for the purpose of Vehicle Parking and for no other purpose without the prior written consent of LESSOR. [4] Rent. Rent shall consist of Basic Rent, which is based on availability of 31 stalls, and such Addi- tional Rent as may apply. LESSEE shall pay ali 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 tbe Payment Schedule below: Schedule Total Annual Basic Rent (Monthiy Payment Commencing Date $ per Space) $27,900.00 $2,325.00 Mazch 1, 1498 $75.Q0 LESSEE shall make all payments of Basic Rent and Addirional RenY to Public Works Accounting Div., 600 City Hall Annex, St. Paui, MN 55102. The applicable account number for City Finance Accounting Code is: 42340-6801. [5] Right of Entry. At ali times during the term of this lease, the LESSOR shall have the right, by itself, its agents and employees, to enter into and upon the Leased Premises during reasonable business hours or, in ihe event of an emergency, at any time for any legitimate purpose. (6] Insurance. (A) LESSOR'S and LESSEE'S Insurance. The LESSOR and LESSEE shail acquire during the term of this lease the following coverage: (1) COMPREHENSIVE GENERAL LIASILITY INSURANCE (a) LESSOR is self-insured for comprehensive general liability, pursuant to State Statute 466. (b) LESSEE is self-insured for comprehensive general liability, pursuant to State Statute 466. (2) WORKERS' COMPENSATION INSURANCE with not less than statutory minimum limits; and EMPLOYERS' LIABILITY INSURANCE with minimum limits of at least $100,000 per accident and with an all states endorsement. LESSEE is self funded for such coverage. (a) LFSSOR is self funded for such coverage (b} LESSEE is seif funded for such coverage (3) The limits cited under each insurance requirement above establish minimums; and it is the sole respons3bility of the LESSOR and LESSEE to purchase and maintain additional insurance that may be necessary in relation to this lease. 2 018 -ay°� (4) Nothing in this contract shall constitute a waiver by the LESSOR or LESSEE of any statutory limits or exceptions on liability. [7J Cancellation or Termination. This lease shall be subject to canceliation and temunation by either party at any time during ffie term hereof by giving notice in writing to the other party at ninety (90) days, prior to the date when such termination shall become effective. In the event of such temunation and on the effective date of such termination, LESSOR shall return any unearned rental paid by the LESSEE without interest. (8] Notice. All notices herein provided to be given, or that 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 Maii, certified and postage prepaid, and addressed to the LESSEE at the address stated on page (1) and to the LESSOR at the Real Estate Division, 218 City Hall, Saint Paul, Minnesota 55102. The address to which the notice shall be mailed may be changed by wrltten notice given by either party to the other. Nothing herein shall preclude the giving of such address change notice by personal service. [9j Assignment and Sabletting. Except for subleases between LESSEE and its employees for vehicular parking, LES5EE shall not assign or sublet this Lease without the written consent of the LESSOR, which consent must be obtained prior to the execution of any agreement to sublease the Leased Premises. [10] Maintenance and Repairs. (A) LESSOR'S Responsibilities. LESSOR shali, at its own cost and expense, be responsible for all repairs, maintenance and upkeep of the Leased Premises, exclusive of LESSEE'S personal property and any improvements installed by or specifically for the LESSEE, including emergency repairs of any kind and routine maintenance and repair to keep the Leased Premises in good repair, safe and in compliance with applicable fire, health, building and other life-safety codes. Such repairs, maintenance and upkeep shall not be deemed to include custodial duties. (B) LESSEE'S Responsibilities. LESSEE shall, at its own cost and expense, perform custodial duties to keep the Leased Premises clean, orderly and in compl3ance with applicable fire, health, building and other life-safety codes; and shail provide all materials and supplies necessazy for the performance of custodial duties. LESSEE shall also be responsibie for all repairs, maintenance and upkeep of its own personal property and to any improvements that have been installed by or specifically for the LESSEE. [ll] Payments in Case of Default. LESSEE shall pay LESSOR all costs and expenses, including reasonable attorney's fees in any action brought by LESSOR to recover any rent due and unpaid hereunder, or for the breach or default of any of the covenants or agreements contained in this Lease, or to recover possession oF said property, whether such action progresses to judgment or not. 3 q8-a`�� [12] Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner termination of this Iease, 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 ihe LESSEE. [13] Indemnity. The LESSEE agrees to indemnify, defend, save and hold harmless the City of Saint Paul and any agents, officers and employees thereof from all ciauns, demands, actions or causes of action of whatsoever nature or character, arising out of or by reason of the LESSEE's performance or failure to perform under the terms of the Lease, or the use by LESSEE of the Leased Premises under this agreement. It is fuily understood and agreed that LESSEE is awaze of the conditions of the Leased Premises and leases the same "as is." The LESSOR agrees to indemnify, defend, save and hold harmless Ramsey Counry and any agents, officers and employees thereof from all claims, demands, actions or causes of action of whatsoever nature or character, arising out of or by reason of the use by the LESSOR of the remainder of the buiiding in which the Leased Premises are located, or the performance or failure to perform by LESSOR under the terms of this agreement. [14} 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. [15] Pollution and Contaminants. LESSEE and LESSOR agree to comply with all ordinances, laws, rules and regulations enacted by any governmental body or agency relating to ihe control, abatement or emission of air and water contaminants and the disposal of refuse, solid wastes or liquid wastes. LESSEE shali bear all its costs and expenses of complying, or arising from failure by LESSEE to compiy, with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold harmless LESSOR from all liability, including without limitation, fines, forfeitures, and penaities arising from the failure by LESSEE to comply with such ordinances, laws, rules or regulations. LFSSQR has the right to perform cleanup and charge the LESSEE as Additional Rent for such costs should the LESSEE fail to comply. LFSSOR shali bear all its costs and expenses of complying, or arising from failure by LESSOR to comply, with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold harmiess LESSEE from all liability, including without limitation, fines, forfeitures, and penalties arising from the failure by LESSOR to comply with such ordinances, laws, rules or regulations. [16J ControllinQ Lease. In the, event there is any prior existing lease or rental agreement between LESSEE and LESSOR (or iis predecessor in interest) covering the subject property, it is agreed and understood that this Lease shall cancel and terminate any prior leases or rental agreements as of the efFective date of this lease. 0 - [17j Destruction. In the event of damage to or destruction of the Leased Premises or in the event the premises becomes untenantable or unfit for occupancy, in whole or in part, due to such damage during the term of this Lease, LESSOR may at iu option ternrinate the lease upon fifteen (15) days' written notice to LESSEE. The Basic Rents to be paid during the restoration period shall be abated in proportion to the percentage of loss and impaument of the use of the Leased Premises as determined by the LES50R, times the number of days of loss or unpairment. [18] Events of Default. (A) Default by LFSSEE. The occwrence of any of the following events during the term of this Lease shall constitute an event of default by the LESSEE: (1) the failure by LESSEE to timely pay Basic Rent or Additional Rent as required by this Lease; (2) the failure by LESSEE to observe and perform any covenant, condition or agreement on its part to be observed ar performed as required by this Lease; or [19] Compliance with Laws. The property described herein may be used for only the purposes stated herein. It is the sole and exclusive responsibility of the LESSEE 3n the use of the property to comply with all laws, rules, regulations or ordinances unposed by any jurisdiction af£ecting 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. [20] Non-Discrimination. The LESSEE for itself, its personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that (A) no person, on the ground of race, sex, color creed, religion, age, disability, marital status, status with respect to public assistance or national origin or ancestry shali be excluded from participating in, be denied the benefits of or be otherwise subjected to discrimination in the use of said faciliries; (B) that in connection with the construction of any improvements on said lands and the furnishing of services thereon, no discrimination shall be practiced in the selection of employees and con- tractors, by contractors in the selection and retention of first tier subcontractors, and by first-tier subcontractors in the selection and retention of second-tier subcontractors; (C) that such discrimination shall not be practiced against the public in its access in and use of the facilities and services provided for public accommodations (such as eating, sieeping, rest and recreation) constructed or operated on the Leased Premises; and 9 � -a�.°� (D) that the LESSEE shall use the premises in compliance with all other requirements imposed pursuant to the Saint Paul Legisiative Code Chapter 183. [21] Default Remedies. (A) LFSSOR'S Remedies. In the event an Event of Default occurs under pazagraph (19) of this Lease, LESSOR may exercise any one or more of the following remedies: (1) reenter and take possession of the Premises without termination of this Lease, and use its best efforts to lease the Premises to or enter into an agreement with another person for the account of LESSEE; (2) ternunate this lease, exclude LESSEE from possession of the Premises, and use its best efforts to lease the Premises to or enter into an agreement with another in accordance with applicable law; (3) exclude LESSEE from possession of the Premises, with or without terminating this Lease and operate the Premises itself; (4) terminate the Lease, exclude LESSEE from possession of the Leased Premises, sell all or any part of the Premises at the best price obtainahle (provided such sale is permitted by applicable law,) such sale to be on such terms and conditions as the LESSOR, in its sole discretion, shall determine and apply the proceeds of such sale less any expenses thereof for the account of the LESSEE. (5) exercise any remedies available to it under the Minnesota Uniform Commercial Code; (6) take whatever action at law or in equity may appeaz necessary or appropriate to collect the Sasic Rent and Additional Rent then due and thereafter to become due, or to enforce performance and observance of any obligation, agreement or covenant of the LESSEE under this Lease. (7) in exercising any of its remedies set forth in this Section the LESSOR may, whether or not the Lease is then in effect, hoid ihe LESSEE liable for the difference between the payments and other costs for which the LESSEE is responsibie under this Lease. No remedy herein conferred upon or reserved to LESSOR is intended to be exclusive of any other available remedy or remedies, but each such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease or now or thereafter existing at law or in equity by statute. No delay or omission to exercise any such right or power accruing upvn any default shall unpair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the LESSOR to exercise any remedy reserved to it in this Provision, it shall not be necessary to give any notice, other than such notice as may be herein expressly required. qg -ay9 (B) LESSEE'S Remedies. If the LESSOR should default in the performance of the conditions or covenants of this Lease Agreement, LESSEE, in addition to ail other remedies now or hereafter afforded or provided by law, may at its election perform such condition or covenant on behaif of LESSOR or make good any such default and any amount or amounts that LESSEE shall advance pursuant thereto shall be repaid by LESSOR to LESSEE on demand; and, if the LESSOR shali not repay any such amount or amounts upon demand, LESSEE shall have the right to deduct the 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 without the written consent of the LESSOR, such consent not to be unreasonably withheld. If the LESSEE desires to make any such alterations, an accurate description shall first be submitted to and approved by the LESSOR and such alterations shall be done by the LESSEE at its own expense. All such work shail 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 geriod. LFSSEE agrees that all alterations will be done in a worlmianiike 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] Ilnused Spaces. LESSEE shali, in subleasing parking spaces to employees, give priority to the spaces along the north wali of the facility; and any spaces remaining unused shall be made available at no cost to the LESSOR for storage of City-owned vehicles. [24] Renewal. Ninety days prior to the conclusion of the term of this Lease, as shown in Paragraph [2], LESSEE shall have the option of renewing for an additional two years, the rental rate to be determined by negotiation at that time. [25] Amended. Anything herein contained to the contrary not withstanding, this Lease may be ternunated, and the provisions of this Lease may be, in writing, amended by mutual consent of the parties herein. °tg - a�. °� IN WITNESS WFIEREOF, the parties hereto have set their hands and seals the day and year in this Lease first above-written. LESSOR: Mayor City Cierk Director of Technology and Management Services ��-tG���vva°ti-- � -! � �I8" Ciry Attorney (Form Approval) LESSEE �... < ItS CHAIR - Board of Its Chief C ctor of c Commissioners County Board erty Management Approved as to form: ��f�.�,� �i��� As istant ounty Attorney Funds are available .�� Se.hao hAf:.+:qL Account number: ��So2 - ozoq v i ��--� z �4 � Y6 Budgeting & Accounting Insurance Approved: �����a--���- a �S 9G Risk Manager E i � Exhibit "A" ` � fo Lease Agreement PW/5 S � !, : '� h ; ' L s — — •- ..� : -� --- ----_ _ _ ---r-- Y • . • � 4 , j --� . , —, '—, -,_ 1 �' i 1 ` � .� '� 1 4 � I � � i l� 4 � � ,' � f�� 3ti I 32 I 3 �� { l� t1 i� � 27 �ca i � t � 23 I�'� � 1 ZS r 2G � , �� ' i � 4 . � 1 .. - . _ � _ i_ _ �.- �. - } - �---�- --'` -'-� - ; - - - r f . � � � 1 � � y � I � �6 �7 V '�J � 2i ! 22 { �Z � � 14 ( 15 ' i � 18 � 1� }� � 1 1 � � � ' ► ► � � ; � t �.-._� � � � �i, i 1 _ _ � -�- - � _l�__1---• � ^��— r '� I i � � .: � ; v'. 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