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D001765CITY OF SAINT PAUL � C� AAMINISTRATIVE ORAER, OFFICE OF THE MAYOR ADiVIIl�TISTRATIVE ORDER rto: Doa 171oS Date: L O-8-99 WHEREAS, since August 1, 1994, H-Marc (aka: Hamline Midway Area Rehabil'atation Corporation) has leased, through I,ease Agreement LIB/1, 300 square feet of office space in the Hamline Branch Library; and WHEREAS, the term of the said I.ease Agreement LIB/1 expired on July 31, 1997 and has continued on a month-to-month basis; and WHEREAS, it is the intention of the parties to the said agreement to extend the lease for an additional year; THEREFORE BE IT ORDERED, that the proper City officials are hereby authorized and directed to execute Addendum I to I,ease Agreement LIB/1, extending the term through July 31, 2000. APPROVED AS TO FORM �v.L✓�A�N�� Assistant City Attorney � l��l `�� Date Department Administrative ��� �oo! � .M.S./REAL ESTATE DIVISION Date: September 23, 1999 reen Sheet Number: 1009i 4 nfact Pexson aud P6one N�ber: 2 EPe�R Cp r COi1NCfL w G Dave Nelson 266-8850 ,�� 1 �� �`�x DDGETDIItECfOB FFiCEOFF7NANC7ALSVCS mtbeonCom�o7Agendaby: 3 YOR(ORASS7SI' ESl'ATEDIVLSION OTAL # OF SIGNATLTRE PAGES 1(CLIP ALL LOCATIONS FOR SI NATURE) CTION REQUESTED: To approve Addendum III to Lease Agreement Lffifl, providing office space in the Hamline Branch Library for H-MARC (Hamlu►e-Midway Area Rehabilitation Corporation) which will extend ttie term of the lease through July 31, 2000. Ref: 1. Administrative Order to authorize extension of lease agreement; 2. Copy of Lease Agreement LIB/i; 3. Sample copy of Addendum II. cOMMENDATIONS:APPROVE(A)OxREJECT(A) ONALSERVICECONTRACTSMUSTANSWERTHEFOLLOWiNG: . Aas the personiFirm ever worked under a contractfor this department? YES NO PLANMNGCOMMISSION A STAFF . Has thisperso�Sim everbeen a City employee? YES NO CR'iL SEftVICE COb@iLSSlON . Does tltis personJ$rm possess a skill not norn�aDy possessed by any YF.S NO Cm Co.�fMrtTEe cutrent City employee? lain all YES answers on a se ate sheet and attach. UPPORTS WHICH COUNCIL JECTIVE? _.�UNCIL WARD(S) ¢ DISTRICT PLANNING COUNCTL 11 HITIATING PROBLEM, ISSUE, OPPORI'ONITY(Who, What, When Where, Why?): The term of Lease Agreement LIBfl expired on July 31,1947. VANTAGESIFAPPROVED: H-MARC will have offSce space through July 31, 2000. ISADVANTAGESIRAPPROVED: ������ ���� NOIIC ��3 s� � �:; � � � � 7SADVANTAGES IF NOT APPROVED: y v H-MARC will have to find suitable s ace elsewhere. ��� k ��� �`� P �� �� ��� ���:� :. OTAL AMOUN'P OF TRANSACTION: $1�$OO.00 COSTlREVENUE BUDGETED (CIRCLE ONE) YES NO ING SOURCE: N�A ACT1ViTY NU�IBER: N/A �uvciaL nvFOiuvraTTOx: ��rLnuv� �tECElV�L OCT p � 1999 �ITY CLERK � r1 U p�bl� Revised 6/29/94 Authority (C.F. oz A.O.) A.O.# h-`cX��--\d� $-l'L-�Q- LEASE NO. FINANCE DEPT: LEASE NO. LIB/1 DAT'E: August 1. 1994 LESSOR: CITY OF SAIl�T PAI3L DEPARTMENT OF LIBRARIES LESSEE: H-MARC (aka: HAMLINE MIDWAY AREA REHABILITATION CORPORATION 1558 MINNEHAHA AVENUE WEST SAINT PAUL. MINNESOTA 55104 [lJ Leased Preraises. The LESSOR, in consideration of the payment of the Basic Rent and Additional Rent hereinaftei 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 300 square feet of office space in the Hamline Branch Library whose address is: CITY OF SAINT PAUL STANDARD LEASE AGREEMENT 1558 Minnehaha Avenue West - Saint Paul. Minnesota 55104 together with any buildings, fixtures in such buiidings, improvements and structures, if any, located thereon; • [2] Term of Lease. This iease shall be in effect for a term commencing and ending on the dates indicated below, unless terminated earlier by the LESSOR as provided herein. Term (Months/Years) 1 Year Commencing Date August 1, 1994 Ending Date July 31, 1995 . (3j Use of Premises. The LESSEE shail use and occupy the Leased Premises for the following purpose: office s�ace and for no other purpose without the prior written consent of LESSOR. [4] Rent. Rent shall consist of Basic Rent and such Additional Rent as may apply. LESSEE shall pay all rent in advance, on the first day of the term of the lease and on the first day of each payment period thereafter as indicated in the Payment Schedule below: (A) Basic Rent Schedule Total Basic Rent During Lease Term -- (Payment Period -- Commencing Date -- $ per Period) $1,800 Monthly August i, 1994 $150 (S) Additional Rent. Additionai Rent means all amounts, other than Basic 12ent provided for in paragraph (4-A) above, that LESSEE shall be obligated to pay under this paragraph or other provisions of this L.ease. Additional Rent shall include, but is not . limited to, the following fees, costs and expenses: (1) all costs for telephone service including but not limited to installation costs, monthly service and long distance charges; (2) property insurance premium and/or uninsured losses as set forth in paragraph (6) 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: Saint Paul Public Librarv - 90 West 4th Street - Saint Paul, Minnesota 55102_ __ [5] RiQht of Entrv. At all times during the term of this lease, the LESSOR shail 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. ea . [6] Insurance. (A) LESSOR'S Insurance. The LESSOR shall acquire and keep in effect during the term of this agreement the following coverages: (1) FIRE AND ALL RISK INSURANCE, on the I.eased Premises with limits of not less than 90% of full r�lacement value shall be purchased by the LESSOR; the LESSBE'S proportionate af the premium for said insurance and, in the event of a claim, any deductible share shall be included in the Basic Rent,. Said insurance shall name the City of Saint Paul as the insured. With respect to a� loss of the LESSOR'S property not covered by insurance, it shall be the responsibility of the LESSEE, within a reasonable time, to pay all costs to repair or replace the damaged property with like kind, such reasonable time to be determined by the LESSOR. LESSEE shall be responsible for insurance of its own property. (B) LESSEE'S Insurance. The LESSEE shali acquire during the term of this lease the following coverage: (1) The LESSEE shall be responsible for the self insurance of, or the acquisition of Commercial Property Insurance on, its personal property. (2) COMPREHENSIVE CsENERAL LIABILITY INSURAI�?CE including blanket . contractual liability coverage, personal injury liability coverage and broad form property damage liability endorsement with a combined single lirzut of not less than $600,000 per occurrence shall be purchased by the LESSEE. Such insurance shall: (a) name the City of Saint Paul as additional insured; (b) be primary with respect to LESSOR'S insurance or self-insurance; (c) not exclude e�cplosion, collapse and underground property damage; (d) be written on an "Oecurrence" Form policy basis; and (e) may contain an "aggregate" policy limit of $2,000,000 (3) AUTOMOBILE LIABILITY INSURANCE with minimum limits of $600,Q00 combined single limit and $1,000,000 aggregate, covering hired, non-owned and owned automobiles. (4) WORKERS' COMPEI�SATTON INSURANCE, if applicable, with not less than statutory minimum limits; and EMPLOYERS' LIABILITY INSURANCE, if applicable, with minimum limits of at least $100,000 per accident and with an all states endorsement. (5) The LESSEE shall supply to LESSOR current insurance certificates for policies required in Paragraph (6). The said certificates shall certify whether or not the agent has errors and omissions insurance coverage. (6) The limits cited under each insurance requirement above establish minimums; and • it is the sole responsibility of the LESSEE to purchase and maintain additional insurance that may be necessary in relation to this lease. 3 (7) Nothing in this contract shall constitute a waiver by the LESSOR of any statutory � limits or exceptions on liability. (8) LESSEE shall place the insurance with responsible insurance companies authorized and licensed to do business in the State of Minnesota and approved by LFSSOR, and shall deliver copies of the policies to LESSOR on the date of LESSEE'S execution of this agreement. The policies required in paragraph (7) shall be endorsed to indicate that the insurer cannot cancel or change the insurance without first giving the LESSOR 30 days' written notice. (C) Waiver of Subroeation. LESSOR waives its right of subrogation for damage to the Building, contents therein, loss of use thereof, and/or loss of income, up to the amount of insurance proceeds collected. LESSEE waives its right of subrogation for damage to property in the L.eased Premises, loss of use thereof, loss of income and/or accounts receivable, up to the amount of their respective insurance proceeds coliected. The parties shall notify their respective insurance companies, in writing, of the provisions of this paragraph; and, if either cannot waive its subrogation rights, such party shali immediately notify the other party, in writing. [7] Canceilation or Termination. This lease shall be subject to cancellation and termination by LESSOR at any time during the term hereof by giving the LESSEE notice in writing at ninety (90) days, (thirty (30) days for leases with a term of one (1) year or less or any month- • to-month tenancies) prior to the date when such termination shall become effective. In the event of such termination, and on the effective date of such termination, LESSOR shall return any unearned rental paid by the LESSEE without interest. [8J Notice. All notic,�s 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 LESSEB, or when made in writing and deposited in the Llnited States Mail, 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 written 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 Sublettine. LESSEE shall not assign or sublet this Lease without the wzitten consent of the LESSOR, which consent must be obtained prior to the execution of airy agreement to sublease the L,eased Premises. [10] Pavments 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 I.ease, or to recover possession of said property, whether such action progresses to judgment or not. [� [ll] Surrender of Prernises. The LESSEE, at the expiration of said term, or azry 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. . [I2] Indemnitv The LESSEB agrees to indemnify, defend, save and hold harmless the City of Saint Paul and any agents, officers and employees thereof from all claims, demands, actions or causes of action of whauoever nature or character, arising out of or by reason of the Lease of the herein described Leased Premises by the LESSOR to the LESSEE, or the use or condition of the Leased Premises or as a result of the operations or business activities taking place on the Leased Premises. It is fully understood and agreed that LESSEE is aware of the conditions of the Leased Preznises and leases the same "as is:' [13) Holdover. Any holdover after the expiration of the term of this Lease shall be allowed only after receiving the written consent of the LESSOI2. Said tenancy shall be deemed to be a tenancy only from month-to-month. All other terms and conditions of this L,ease shall be applicable. [14j Poliution and Contaminants. LESSEE agrees to comply with all ordinances, laws, rules and regulations enacted by any governmental body or agency relating to the control, abatement or emission of air and water contaminants and the disposal of refuse, solid wastes or liquid wastes. • LESSEE shall bear all costs and expenses arising from compliance 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 penalties arising from the failure by LESSEE to comply with such ordinances, laws, rules or regulations. LESSOR has the right to perform cleanup and charge the LESSEE as Additionai Rent for such costs shoul� the LESSEE fail to comply. [15] Controlling Lease. In the event there is any prior existing lease or rental agreement beriveen LESSEE and LESSOR (or its predecessor in interest) covering the subject property, it is agreed and understood that this J_.ease shall cancei and terminate any prior leases or rental agreements as of the effective date of this lease. [16] Destruction. In the event the Leased Premises becomes untenantable or unfit for occupancy due to damage or destruction during the term of this Lease, LESSOR may at its option: (A) terminate the lease upon fifteen (15) days' written notice to LESSEE; or (B) if the destruction shall be attributable to the occupancy of the Lzased Premises or to the actions of the LESSEE, within fifteen (IS) days agree to restore the premises within a • reasonable time period following the casualty, chazging the costs in excess of the insurance proceeds, if any, to the LESSEE as Additional Rent; or 5 (C) if the destruction shall be attributable to the occupancy of Yhe Leased Premises or to the actions of the LESSEE, may direct that LESSEE promptiy restore the Leased Premises • to substantially the condition existing immediately prior to such damage or destruction, and for that purpose, if such damage or destruction was caused by perils insured against the LESSOR shall make available to LESSEE pro-rata, as work progresses, the net proceeds of such insurance. If such proceeds are insufficient to pay the entire cost thereof, LESSEE agrees to pay as Additional Rent, a lump sum payment (or in a form agreed upon by the LESSOR) equal to the remainder of such cost. The Basic Rents to be paid during the restoration period shall be abated in proportion to the percentage of loss and impairment of the use of the I.eased Premises as determined by the LESSOR, times the number of days of loss or impairment. [17] Events of Default. The occurrence of any of the following events during the term of this Lease shall constitute an event of default by the LESSBE: (A) the filing of a petition to have LESSEE adjudicated bankrupt or a petition for reorganization or arrangement under any laws of the United States relating to bankruptcy filed by LESSEE; (B) in the event a petition to have LESSEE adjudicated bankrupt is filed against LESSEE, the failure to dismiss such petition within ninety (90) days from the date of such filing; • (C) the assets of LESSEE or of the business conducted by LESSEE on the Leased Premises be assumed by any trustee or other person pursuant to any judiciai proceedings; (D) LESSEE makes any assignment for the benefit of creditors; (E) the failure by LESSEE to timely pay Basic Rent or Additional Rent as required by this I,ease; (F) the failure by LESSEE to observe and perform any covenant, condition or agreement on its part to be observed or performed as required by this Lease; or (G) the failure by LESSEE or its surety to discharge, satisfy or release any lien or lien statement filed or recorded against the Leased Premises within siYty days after the date of such filing or recording, whichever date is earlier. It is an express covenant and agreement of LESSOR and LESSEE that LESSOR may, at its election, terminate this L.ease in the event of the occurrence of any of the events described in this paragraph or in paragraph (20) relating to liens by giving not less than ten days' written notice to LESSEE; and when so terminated, LESS012 may reenter the Leased Premises. This L.ease and its L,eased Premises shall not be treated as an asset of LESSEE'S estate. It is further expressly understood and agreed that LESSOR shall be entitled upon � such re-entry, notwithstanding any other provision of this Lease, to exercise such rights and remedies as are provided in Paragraph (22) of this Lease. � • (18] Comnliance with LaFVS. The property described herein may be used for only the 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 ozdinances 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. [19] 1Von-Discrimination. T'he LESSEE for himself, his 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 oz ancestry shall be excluded from participating in, be denied the benefits of or be otherwise sub}ected ta discrimina- tion in the use of said facilities; (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 contractors, 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, sleeping, rest and recreation) constructed or operated on the Leased Premises; and (D) that the LESSEE shall use the premises in compliance with all other requirements imposed pursuant to the Saint Paul Legislative Code Chapter 183. [24] Liens. The LESSEE shall not permit mechanic's liens or other liens to be filed or established or to remain against the L.eased Premises for labor, materials or services furnished in connection with any additions, modifications, improvements, repairs, renewals or replace- ments made to the L,eased Premises, or for any other reason; provided that if the LESSEE shall first notify the LESSOR of its intention to do so and shall deposit in escrow with the LESSOR a sum of money or a bond or irrevocable letter of credit acceptable to the LESSOR equal to the amount of the claim of lien, LESSEE may in good faith contest any such claims or mechanic's or other liens filed or established and in such event may permit the items contested to remain undischarged and unsatisfied during the period of such contest. If, in the opinion of the LESSOR, the nonpayment of any such items subjects the Leased Premises to any loss or forfeiture, the LESSOR may require the LESSEE to use the escrow account to promptly pay all such unpaid items and if LESSEE fails to pay from the escrow account, the • LESSOR may pay and charge the LESSEE as Additional Rent. 7 � . [Zl] Eminent Domain. In the event the entire L.eased Premises are taken by eminent domain, or such portion thereof is so taken that in LESSEE'S reasonable judgement it is uneconomic thereafter to restore the Leased Premises and proceed under the terms and provisions of this Lease, LESSEE may terminate this Lease by giving to LESSOR thirry days' written notice of termination, effective as of the date on which the condemning authority acquires legal title or physical possession of the Leased Premises. LESSEE hereby waives and releases any claim to or share in the Award o£ Compensation for the taking, notwithstand'zng any other provision of law, this Lease or any other agreement. LBSSEE may to the extent otherwise permitted in the eminent domain proceeding, remove its own trade fixtures at its own exgense. [22] Defau3t Remedies. In the event an Event of Default occurs under paragraph (17) of this Lease, LESSOR may exercise any one or more of the following remedies: (A) reenter and take possession of the Premises without ternrination of this Lease, and use its best efforts to ease the Premises to or enter into an agreement with another person for the account of LESSEE; (B) terminate this lease, exclude LESSEE from possession of the Premises, and use its best efforts to lease the Premises to or enter into an agreement with another in accordance • with applicabJe law; (C) exclude LESSEE from possession of the Premises, with or without terminating this Lease and operate the Premises itself; � (D) terminate the L.ease, exclude LESSEE from possession of the L,eased Premises, sell all or any part of the Premises at the best price obtainable (providec3 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 eapenses thereof for the account of the LESSEE. (E) exercise any remedies available to it under the Minnesota Uniform Commercial Code; (F) take whatever action at law or in equity may appear necessary or appropriate to collect the Basic Rent and 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. (G) in exercising any of its remedies set forth in this Section, the LESSOR may, whether or not the Lease is then in effect, hold the LESSEE liable for the difference between the payments and other costs for which the LESSEE is responsible under this 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 shaIl be in addition to every other remedy given under this L.ease or now or thereafter e�sting at law or in equity by statute. No delay or omission to exercise any such right or power accruing upon any default shall impair arry 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. j23] Default of Pa�ment. LESSEE agrees that, should it default on any payment owing and due to be paid to LESSOR as provided in this agreement, including but not limited to Basic Rent and Additional Rent, then the remaining unpaid balance shall, at the option of the LESSOR, immediately become due. Said LESSEE further agrees that the LESSOR may, at its option and to LESSEB, enter judgment against LESSEE in Ramsey County District Court for the amount of the unpaid balance of Basic Rent. LESSEE does hereby agree that the LESSOR, at its option, may enter a judgment, at any time within one year of the time the last payment shall have come due, for the full amount of the unpaid balance due pursuant to the confession of judgment provided herein. [24] Aiterations. The L,ESSEE will not make any alterations to the premises without the written • consent of the LESSOR, such consent not to be unreasonably withheld. If the LESSEB 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 sha11 be performed under the LESSOR'S supervision and any improvements made to the L,eased 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. [25] Amended. Anything herein contained to the contrary not withstanding, this I,ease may be terminated, and the provisions of this J..ease may be, in writing, amended by mutual consent of the parties herein. • � IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and yeaz in • this Lease first above-written. LESSOR: • City Attorney (Form Appzoval) Mayor City Clerk Director of Finance and Management Services C'�V n�cr.l epartment Directo LESSEE ���� ��� ��� ��t � � Its Its , It5 �s�� • � �, � Addendum III to LEASE AGREEMENT LIBfl WHEREAS, Since August 1, 1994, H-MARC (aka: Hamline Midway Area Rehabilitarion Corporation) has leased 300 square feet of office space in the Hamline Branch Library; and WEiEREA5, L,ease Agreement LIB/1, the instrument of the said lease, expired on July 31,1997 and has continued since then on a month-to-month basis; and WHEREAS, it is the intention of H-MARC and the Department of Librazies to renew this lease for another year; BE IT THEREFORE RESOLVED, that I.ease Agreement LIB/1 is hereby amended follows: Pazagraph [2] Term of the Lease. shall be changed to read: [2] Term of Lease. This Iease shall be in effect for a term commencing and ending on the dates indicated below, unless terminated earlier by the LESSOR as provided hereja. Term (MonthslYeus) 1 Year Commencing Date Ending Date August 1, 1999 July 31, 2000 2. All other tetxns and conditions of the said L,ease Agreement LIB/1 shall remain in fuil force and effect. , T4�" • IN WITNESS WHEREOF, the parties hereto have set the3r hands and seals the day and year in this Lease first above-written. LESSOR: NIA Mayor N!A City Clerk • Director of Technology & Management Services Department Director , City Atton;ey (Form Approval) LESSEE: �'��C'>G'G2 ��� � _�ko� , .�vff�,� Executive Director