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89-329 WHITE - GITV CLERK COURCII � PINK - FINANCE G I TY O SA I NT PA U L CANARV - DEPARTMENT � BI.UE - MAVOR File NO. Return copy to: unc�il Resolution ` Valuations - Room 218 �� (DN) (Millstreet) /��'/ '". � .� 1 Presented By Referred To Committee: Date Out of Committee By Date WHEREAS , Millstreet I estments , Partnership, the current lessee of the Hill Street W rehouse , has egpressed its desire to continue the lease for on ear, from April 1, 1g89 to March 31 , 1990; and i � WHEREAS , the Real E tate Section of the Department of Finance and Management S r ices has determined that the rent to be received representa th air market value of the property; TAEREFORE BE IT RESO�LV D, that the proper City officials be authorized and directed t nter into Lease Agreement FMS/20 with Millstreet Investments , P�ir nership. � , I �i , I � I ; i I COUNCIL MEMBERS I Requested by Department of: Yeas Nays Dimond Finance & Mana ement S vices �ng � In F vor Goswitz �b�� 4/ Agai st By � Direct Sonnen �� Wilson �Fp a' E; j �'��; Form Appro d ity Attorney 4 Adopted by Councii: Date c �. Certified Pas ounci( r r BY sy A�pproved b - avor• Da "^'► � _ Appr e by Mayor for Su iss'on te Council � By � PU�IlSti�D i'y'�� 1 19 9 i �I.•• � �� TDR . ort� . onTe� � - . � . Finance & Management Serv�ces 2/9 9 ��Fi�� a��.� t��Q 3�j Q:�,, ; � + � P�ON Dave Neisan o��an�r� . 3 �naR roR��+t>,,�}, , R F 2 Ftuwc�a�r senv�s or�croR !{ crtr cx,�ac .�� ! �� zl�� . Finance 2�8-5317 . . � — --� . . . . 1 �„�n�orw�r , _ .. � . . , � _ ,. _ - . , .. . _ �� ; To lease for cme qe�r, from April 89� t<r March 31, I990, tl�e Hill Street Warehouse. to MillstreeL Investment rtnership. Reference: 1. Council ResoluCio� for signature; 2. Samp py of I.es$e Agreement FMS/20. �(�va�e tn)a►�(R1) �r+oa�r: � � RANMNS3�COAM119810N . . . .CNN.SERVICE COMMI3310N OAjE N� DATE UIIT � NUlV3T . .. ..� . . � �PIIOIIE!q.� . � . . " . ZONIWG OOM+tlSSION . � . 19D 026 BCHOOL BOARD � . � . - . . � � �: .... � � . .STAFF .� . � .. .. G1l{RTER(�MIMISSION � . � AS IS � ADDL NrFO..AOOEDt� . . RE.TTTO COIifA�T .. . � 00lIBi1TUBiT. .. - .. G RTE . _ _ _ � _FOR AD01�NiFO. . _K�09�faC AOOED*� � .. DISTFi1CT COUrK�I * TION . � . , . . . . . .. � BIIPPON7811NYq1 OOIMCIL 061EC►NE? - . . . . . . . . � .. . - .. . - .. -i� . . N�A RECE��` �� FEB �41989 _ 1989 .nu►Two�noa�,aw�.�romurwrr ta�mo.wnm.wn�,wn�.wny�: �EPARTMENT 0�FINANCE . ��D��nt lease agr t will expire ��Q�..��5 ; ; _ �na►na�tco,�.�..�ewa�...A..�: .. . ,::. The City wi�l receive $172,600.00 e the te�.of the lease, payable in monthly installments of $14,383.34 �l4Vhet Wlrn.�nd To YNwmY• . , . � i . The lessee shall �have the use of 2; , 50 square�a�:�i� $pace f.��t�� Hill Street Warehouse. _ , f=t� ► � f.:�� _ . � . ; . _ : , _ . � . . . ,�.,�,►„�: � City would not receive �.��t the warehouse stand empty. rent.. City'�ould assinne F . maintenance costs. � �``: �roarr�oars: , -�-.�_. Lessee has leased alI ar part of t s space since A�t 31, 1985. ' . � ��s: N/A - • � �I� � �`�� Revised 12/7/88 ! . 1 Authority (C.�'. or A. O . ) LEAS N0. I FI;JA EASE N0 . FN�S/ 0 � DATE December _ ,�� LESSOR � City of Saint Paul I, CITY DEPARTr1ENT • Department of Finance & Ma a ement Servi.ce LESSEE Millstreet Investments , Pa t er on: 633 :7227 John Finley: 227_7974 �' ADDRESS i 944 West County Road I , Sh re iew, l�ii ( 1 ) Leased Premises . � T e LESSOR, i sideration of the payment of the Basic R�nt and Addition t herein ter specified to be- paid b t e LESSEE, and t e covenant nd agreements herein contain d , does hereby lea i�t unto LESSEE the follow�ng described premises wh ar� hereinafter referred to as �th "Leased Premises" • `': (here insert �he Legal Description) . � �� .,�. J T iKci�Iillan Co ' s Plat subj to Pipe Line Es S No . � 741029, the fol : Hill McMillan Sts as vac in oc 456744 accruing & fol : Partl� N of L beg at pt on �TL Sec 12 T28 R 23 . 514 • 63 ft E of NW Ico of GL 1, th S 60 Dg 29 Mn W 141 • 6 ft , th S 71 Dg 46 . 5 i�Ina�. W 250.82 ft , th S 65Dg 18 Mn W 166 .96 ft to pt on WL of sdj G 1 218 Ft S of sd NW cor of GL 1 , being part of Blk 1 . Subd of the NW . 1/4 of !th NE 1/4 and of Sec Twelve Sub of NW 1/4 of NE 1/4 N 2 8 ft of fol : Lot 16 and part of Lot 15 lying Ely of�a L 20 ft Ely from and par with CL of so called stock a ds track of C St. P. M and 0 Ry Co as constructed o e and across Lot 15 .._ �r � I �" �'� ( i i E. H. Hawkea Subdi is on to WinsloWS Addition, part SFly of Ry R/W of f 1: St. Clair St as vac in SW 1/4 of SE 1/4 of Sec 1 T 28 R 23 and Von Mincen St vac bet Blks 14 and 15, and ot 6 thru 8, Block 14, and Lots 1 thru Lot 8 Block 15 together with any and alllbu ldings , fiztures in such buildings , improvements and/or struc�ur s, if any, located thereon; Whose Street Address is 4 0 ill Street . See Eghibit "A" Plan or M�p f leased area vrhich is incorporated herein by this reference• '� Type of Property (Vacan� L nd/Building) Square Footage � See Basic Rent Paragraph 4) (2) Term of Lease T is lease shall be in effect for a term commencing and�ending n the dates indicated below, unleas terminated earlier by the LE SOR as provided herein. Term (Months/Years ) Commencin� Date Ending Date One ( 1) Year See Paragraph (33) A ril 1 , 1g89 March 31 , 1990 (3) Use of Premis s . The premises ahall be used and occupied by LESSEE for th following purpoae : Storage of non-combustibl aterials and for no other purposla ithout the prior written consent of LESSOR. (4) Basic Rent for lasic Space and Optional Space . Ba$ic Space shall be defined �s Building Sections A1, B, C, and D. Optional Space shall be d�sf' ned as Section E. The payment amount ahall be as follows : ! (A) Basic Spacei Sections Ah consisting of 9 , 900 square feet , Section B, i onsisting of 74, 250 aquare feet , Section C, �, onsisting of 59 . 400 square feet and Section D, �CO si$ting of 72 , 200 square feet , all as shown on �z ibit A of this agreement shall be leased for �$. 0 per square foot from April 1, 1989 to March 1 , 1990, which totals $172 ,600.00 of Basic Rent . The Basic R n for the Basic Space shall be paid on a monthly b sis in advance and said amount due shall be $1 , 8"3 •34 • I i � . � � � �7-�9 � B) Optional Spa�e � Section E, co � sisting of 125 ,000 square feet , as shown on $gh' bit A of thia agreement , s,�h,�11 be available �'or lease at �.40 per square fae� from April 1, 19�9, to March 31, 1990. (Section E shall be subdivid$d or epace calculation purposes as E1 - 25 , 000 squ�re feet , E2-}39,700 square feet , E3-� 63 � 300 squ�re feet�LESSEE shall have the option to Lease Sect�on E, or any portion thereof, at this rate at an t me from April 1, 1989. to Nlarch 31 , 1990. LES EE shall inform the LESSOR of the time period andlth area) LESSEE will be occupying by giving LESS R en ( 10) days prior written notice of LESSEE ' S o cu ation. The Basic Rent for the optional sp�ce shall be paid on a monthly basis . In the event the leased p em se is leased for the second year as provided for in Paragrap 3 (April 1 , 1990 to March 31, 1991 ) , the basic rental rates , .8 and $.¢0 per square foot per year • shall be increased by he same percentage as the Twin City Consumer Price Indeg in re se for the twelve months prior to April 1 , 1g90. ' LESSEE shall make all p yments of Basic Rent and Additional Rent to LESSOR at the fol ow ng addresa : City of Saint Paul , 218 ity Hall , Saint Paul , Minnesota 55102 The applicable account n mb r for City Finance Accounting Code is 11050-6801 -000. (5 ) Additional Rent . he LESSEE shall pay all Additional Rent . 4dditional Rent m Qn all amounts , other than Basic Rent provided for in paragr ph 4 above, which LESSEE shall be obligated to pay under th ' s aragraph or other provisions of this Lease. Additional Rent� i cludes , but is not limited to � the following fees , costs and �eg enses : (a) all utilities , including water, electric , gas , telJep one, sewage and garbage collection and disposal ; (b) cost�j or the repairs , improvements or alterations required to be� m de by the LESSEE in paragraph 12 of this Lease ; (c ) all taxe�s n realty or personalty, �eneral or special; and (d) allj p blic rates , dues, charges , and assessments , general or 'sp cial , of any kind upon the Leased Premises ; and (e) prope t� insurance premium and/or uninaured losses as set forth in Pax�ag aph 8(c) and (d) of this Lease . In the event that LESSEE �do s not make such payments ( or any paymente required to be p id as Additional Rent ) , LESSOR may make the payments at its op�io , and the payments so paid become Additional Rent , and areldu and payable by the LESSEE with the payment of Basic Rent nex� r quired after written notice of same to the LESSEE by LESSOR. (6) Tages . LESSEEjsh 11 be responsible for and pay all � � � � � � � Sq'-- .3eZ,� � taaes and assessments.. agj�i at the Leased Premisea , egcept that LESSEE may at ita ownl� zpense contest and challenge the imposition or amount of a�ty such tag or assessment in accordance with law; provided, how�ev r, that in the event this Lease is terminated by either part�, LESSOR may at its option require the LESSEE to pay such conte t d tages pending appeal, to place in escrow a sum sufficient �to pay said tages , or take other action which will remove said co t sted tases as an encumbrance to title or as an exceptio� to the�t anaferability of marketable title to the Leased Premises. (7) Right of Entry. ! t all timea during the term of this lease , the LESSOR shall �a e the right , by itself, ita agents , and employees , to enter i�st and upon the Leased Premises during reasonable business hou�s for the purpose of egamining and inspecting the same. (8) LESSEE ' S Insura c . LESSEE shall maintain during the term of this lease and up n the leased premises certain insurance coverage which is describl�d as follows : (a) WORKERS ' CpM ENSATION INSURANCE with coverage not less than t e statutory limits and EMPLOYERS ' LIABILITY I�TS RANCE with limits of not less than: ; $10 , 00 PER ACCIDENT (b) CO�iPREHENSI E GENERAL LIABILITY insurance including blanket con r ctual liability coverage and peraonal liability c v rage with a combined single limit of not less th�n: $60 , 00 PER OCCURRENCE Such insur�n e shall ( 1 ) name the City of Saint Paul, its; elected and appointed ofPicers , employees , ja d agents as additional insureds ; (2) be primary', w' th respect to LESSOR'S insurance or self-insura�c program; (3) contain a standard cross liabi ity endorsement, (4) not eaclude eaplosion, ollapse , and underground property damage; and'I ( ) be written on an "Occurrence" Form policy basi� . (c) PROPERTY �CN URANCE . The LESSOR shall be responsible � or and obtain the property insurance of the Re�l Property owned by the LESSOR. The LESSEE sha�.l pay as additional rent the cost of the LLSSOR! S property insurance premium. With respect to �E SOR' S property losses not covered by inaurance , it -shall be the responsibility of the LESSEE to pa all costs to repair or replace the damaged pr perty with like kind and within a reasonable time. In the event of a loas covered by the I,ESS�R 'S insurance policy, the LESSEE shall II � �� ( II� pay to the ESSOR the policy deductible in the amount of i $ 5 , 000. Ang uninaured losses and payment of� he insurance deductible shall be considered I a Additional Rent. LESSEE shall be responsible�l or insurance or self insurance of its o�rn propert�,y. (d) The policieIs equired in this Paragraph (8) (a) and (b) � shall n�am LESSOR as an insured, and shall be endorsed to� i dicate that the insurer cannot cancel or change I!,th insurance without first giving the LESSOR 30 d�ay ' prior written notice . The policies shall be �en orsed to indicate that the coverage shall not b�e nvalid due to any act or omission on the part of' t e LESSOR. The insura�c shall be placed with responsible insurance Ico panies authorized and licensed to do business in' t e State of Minnesota and approved by LESSOR an� copie$ of the policies ahall be � delivered Ito LESSOR on the date of LESSOR' s egecution o his agreement. If auch policies are not deliver d to the LESS4R as provided , the LESSOR may at its p ion terminate the Lease or place the insurance �Lt elf and bill the LESSEE for the cost of coverage!, a Additional �ent. It is spec ' f' cally under$tood and agreed that all of the pr c eda of the insurance policies under Paragraph ( ) (a) , (b) , and (c) shall belong to and be payable, o the LESSOR, and that the LESSOR, after appli�a ion of such proceeds to the loas , may apply anyl emaining proceeds to a separate noninsured 1 ss oP the LESSEE arising out of the use or cond�t ' on of the Leased Premises. If for any �e son any of the insurance hereunder is void, the E SEE is responsible to the LESSOR for the total a�no nt of the uninsured loss . (9) Cancellation o� Termination. This lease shall be subject to cancellationTa d termination by LESSOR at any time during the term hereof by', g' ving the LESSEE notice in writin� at least ninety ( 90) days , ( th' rty (30) days for leases with a term of one ( 1 ) year or less , r any month-to-month tenancies) in advance of the date when �u h termination shall become effective. In the event of such term$.n tion any unearned rental paid by the LESSEE shall be returned xo LESSEE r�ithout interest. ( 10) Notice . All nbticea herein provided to be given, or which may be given by eit�►er party to the other, shall be deemed to have been fully give#� en se�ved personally on LESSOR or LESSEE , or when made i� writing and deposited in the United States Mail, certified, a�d postage prepaid, and addressed to the LFSSEE at the address sta�ed on page 1 and to the LESSOR, at the � I � , ' . �! �l r'�O�' l i i Division of Valuations , R al Estate Section, 218 City Hall, Saint Paul , i�innesota 55102. �he address to which the notice shall be mailed may be changed by �tri ten notice given by either party to the other. Nothing herein shall preclude the giving of auch address change notice by �er onal service . ( 11 ) Assignment and Sub etting. LESSEE shall not assign or sublet this lease witho t he written consent of the LESSOR, which consent must be ot�ta ned prior to the egecution of any agreement to sublease thelLe sed Premises. i (12 ) Maintenance and ep irs . LESSEE shall , at its own coat and expense , be respons ' bl for all repairs , maintenance and upkeep of the Leased Pnem ses , includin� but not limited to emergency repairs of any l�in ; routine maintenance and repair to keep the Leased Premises i�n ood repair, safe, and in compliance with applicable fire , helal h, building, and other life-safety codes ; and all repairs a d maintenance needed to keep the buildings or structures o t e Leased Premises in good condition, • including (a) the egter' or ( including windows and doora) and interior structure of the bu lding or structures , (b) the roof or roofs , ( c) the heating, v nt lating, and air conditioning systems therein, (d) all elect ic 1 , plumbing, lighting, mechanical systems , fire suppreasio e uipment i . e. fire sprinkler system; and (e) all grounds , en es , and roads �ithin the Leased Premises. The foregoi g obligations shall bind the LLSSEE regardless of the cause o t e damage or condition necessitating the repair or maintenance. (13 ) Payments in Casej o Default. LESSEE shall pay LESSOR all costs and expenses , i c uding reasonable attorney' s fees in any action brought by L�SSO to recover any rent due and unpaid hereunder, or for the bre�ac or default of any of the covenants or agreements contained i� his lease , or to recover possession of said property, xhether' s ch action progresses to judgment or not. (14 ) Surrender of Prem s s . The LESSEE , at the egpiration of said term, or any sooner ite mination of this lease , shall quit peacefully and surrender!, p ssession of said property and its appurtenances ta LESSOR ;�n as good order and condition as the property was delivered to �th LESSEE. ( 15 ) Indemnity. Th�e ~L EE agrees to indemnify, defend , save and hold harmles$ the i y of Saint Paul and any agents , officers , and employees thjer of from all claims , demands, actions or causes of action of whl�t oever nature or character, arising out of or by reason of the' L ase of the herein described premises by the LESSOR to the LESS E , or the uae or condition of the premises or as a result of' t e operations or business activities taking place on the premis�es . It is fully understood and agreed I ' � . � . �, C� 8�T-3��' ,II , i �I that LESSEE is aware of �he conditions of the leased premises and leasea the same "as is" . � (16) Holdover. Any l�ol over after the egpiration of the term of this Lease shall be �,ll wed only after receiving the written consent of the LESSOR. I S id tenancy shall be deemed to be a tenancy only from mont�.-t -month. All of the other terms and conditions of this Leasejsh 11 be applicable. ( 17) Pollution and Clnt minants . LESSEE agrees to comply with all ordinances , laws , ; rules , and regulations enacted by any governmental body or ag nc relating to the control, abatement , or emission of air and w te contaminants and/or the dispo$al of refuse, solid wastes o liquid wastes. LESSEE shall bear all cost and expense arisin from compliance with said ordinances , laws, rulea , or regulat o s and shall indemnify, defend, save , and hold harmless LESSO rom all liability, including without limitation, fines , fo feitures , and penalties arising in connection with the f ilure by LESSEE to comply with such ordinances , laws , rules , jor regulations. LESSOR has the right to ' perform cleanup and cha�ge the LESSEE for such costs should the LESSEE fail to comply. � (18) Controlling Llase . In the event there is any prior eaisting lease or rental a reement betr�een LESSEE and LESSOR (or its predeceasor in inter st) covering the eubject property, it is agreed and understood th t this Lease shall cancel and terminate any prior leases or rent 1 agreements as of the effective date of this Lease . ; I (19) Destruction. n the event of damage to or destruction of the Leased Prenise� r in the event the premises becomes untenantable or unfit fo� ccupancy due to such damage during the term of this Lease , LE S R may at its option: terminate the lease upon fifteen ( 15) �la s ' written notice to LESSEE; or within fifteen . (15 ) days agr e to restore the premises within a specified time period fo�l wing the casualty, charging the costs in ezcess. of the insur n e proceeds, if any, to the LESSEE as Additional Rent ; or may�d ' rect that LESSEE promptly restore the Leased Premises to �u stantially the condition existing immediately prior to s�c damage or destruction, and for that purpose , if such dama e or destruction was caused by perils inaured against the LE�S R shall make available to LESSEE pro rata, as work progresses�, he net proceeds of such insurance . If such proceeds are insuf�fi ient to pay the entire cost thereof, LESSEE agrees to pay 'asiA ditional Rent , a lump sum payment (or in a form agreed upon b� he LESSOR) equal to the remainder of auch cost . The Basic e ts to be paid during the restoration period shall be abated n proportion to the percentage of loss and impairment of the us� f the Leased Premises as determined by the LESSOR, times the nu�nb r of days of losa or impairment. i i � . � �-�-9 � � (20) Events of Def ul . Any of the following events occurring during the term of this leave shall constitute an event of default by the LESSEE: (a) the filing of al p tition to have LESSEE adjudicated bankrupt or a pe�it on for reorganization or arrangement under any 1aWS '� o the United States relating to bankruptcy filed �'�,by LESSEE. I (b) in the event a� p tition to have LESSEE adjudicated bankrupt is filedl a ainst LESSEE, the failure to dismiss such petition wi�th n ninety (90) days from the date of such filing; ', (c ) the assets of I�ES EE or of the business conducted by LESSEE on the �i L ased Premises be assumed by any trustee or othe�r person pursuant to any judicial proceedings ; i . (d) LESSEE makes y assignment for the benefit of creditors ; (e) the failure by L SSEE to timely pay Basic Rent or Additional Rent a� equired by this Lease; (f) the failure by L SSEE to obaerve and perform any covenant, conditio , or agreement on its part to be observed or perfo m d as required by this Lease; or (g) the failure by L SSEE or its surety to discharge , satisfy or relea e any lien or lien statement filed or recorded against t e Leased Premises within sigty (60) days after the d te of such filing or recording� whichever date is e rlier. It is an express covenant nd agreement of LESSOR and LESSEE that LESSOR may, at its �el ction, terminate this Leaee in the event of the occurrence o ny of the events described in this paragraph or in paragraph 3 relating to liens by giving not less than ten (10) days ' wr t en. notice to I,ESSEE ; and when so terminated, LESSOR may re{an er the Leased Premises . This Lease and its Leased Premises� s all not be treated as an asset of LESSEE' s estate. It .is f r her expreasly understood and agreed that LESSOR shall be entit ed upon such reentry, notwithstanding any other provision of th s Lease , to egercise such righta and remedies as are provided i Default Remedies Section of this Lease. 'I i (21) Compliance �rith L ws . The property described herein may be used for only the purpo es stated herein. It is the sole and egclusive responsibility o� t e LESSEE in the use of the property to comply with any and a 1 laws , rules , regulations , or ordinances imposed by any �uriadiction affecting the use to which the property is proposed t� b put . Inability or failure on the part of the LESSEE to c�mp y with any of said lawa, rules , � . ' G� g9�.3�-�-�' i I regulations , or ordinance will not relieve the LESSEE of the obligation to pay the re ,ta provided herein. I (22 ) Non-Discriminati�bn The LESSEE for himself, his personal representatives , succeaspr in interest , and assigns , as a part of the consideration herejof does hereby covenant and agree, as a covenant running with the'' 1 nd , that (1) no person, on the ground of race, sea, color, crejed religion, age, disability, marital status , status with res�pe t to public asaistance , or national origin or ancestry shall, b escluded from participating in, be denied the benefits bf or be otherxise subjected to discrimination in the Ius of said facilities; (2) that in connection with the conjat uction of any improvements on said lands and the furnishinglo services thereon, no discrimination shall be practiced in thels lection of employees and contractors , by contractors in the �e ection and retention of first-tier subcontractors , and b first-tier subcontractors in the eelection and retention pf second-tier subcontractors ; (3) that such discrimination ahall� n t be practiced againat the public in their access in and use �f the facilities and aervices provided for as public accommodati n ( such as eating, sleeping , rest , and recreation) constructed r operated on the Leased Premises ; and (4) that the LESSEE shall use the premises in compliance with all other requirements impoa d pursuant to the St. Paul Legislative Code Chapter 183 . (23 ) Liens . The LESS E shall not permit mechanic ' s liens or other liens to be filed r established or to remain against the Leased Premises for labo , aterials , or services furnished in connection with any ad itions , modifications , improvements , repairs , renewals or repl 'ce ents made to the Leased Premises , or for any other reason, p ov' ded that if the LESSEE shall firet notify the LESSOR of its nt ntion to do so and shall deposit in escrow with the LESSOR a 'um of money or a bond or irrevocable letter of credit acceptab 'e to the LESSOR equal to the amount of the claim of lien, LESS ':E ay in good faith contest any such claims or mechanic ' s or th r liens filed or eatablished and in such event may permit the ! it ms contested to remain undischarged and unsatiafied during t2�e eriod of such contest. If, in the opinion of the LESSOR, th� n npayment of any such items subjects the Leased Premises to �ny loss or forfeiture, the LESSOR may require the LESSEE to usel, th eacrow account to promptly pay all such unpaid items and i� L SSEE fails to pay from the escrow account , the LESSOR may �ay and charge the LESSEE as Additional Rent. , (24 ) Eminent Domain. �IIn the event the entire Leased Premises are taken by eminent domai;n, or such portion thereof is so taken that in LESSEE ' S reasonabl�e 'udgment it is uneconomic thereafter to restore the Leased Prelmi es and proceed under the terms and provisions of this Lease{, ESSEE may terminate this Lease by � I I , 9 . � G�! �ti� giving to LESSOR thirty (�0 days ' written notice of termination, effective as of the date on which the condemning authority acquires legal title o physical poesession of the Leased Premisea. LESSEE hereb aives and releasea any claim to or share in the AKard o Compensation for the taking, not�ithstanding any other p ovision of law, this Lease or another agreement . LESSEE may to t e eztent otherwise permitted in the eminent domain proceedin , remove its own trade fiatures at its own eapense . � (25 ) Default Remedi s In the event an Event of Default occurs under paragraph ?.0 ' o this Lease , LESSOR may eaercise any one or more of the followin remedies : (a) reenter and ta ' e possession of the Premises without termination of th s Lease, and use its best efforts to lease the Premis s to , or enter into an agreement with, another peraon for the account of LESSEE; (b) terminate thia Lea e , egclude LESSEE from possession of • the Premisea, �n use its best efforts to lease the Premises to , or en er into an agreement with another in accordance r�ith p licable law; (c) esclude LESSEE f o possession of the Premiaes , xith or without termiaatin this Lease and operate the Premises itself; (d) terminate the L a e , ezclude LESSEE from poase$sion of the Premises , sel all or any part of the Premises at the best price btainable (provided such sale is permitted by ap 1 cable law) , such sale to be on such terms and cond t ' ons as the LESSOR , in its sole discretion, shall determine and apply the proceeds of such sale less �n expenses thereof for the account of the L�SSEE. ( e) eaercise any Ire edies available to it under the Minnesota Unifor�n ommercial Code ; (f) take whatever c ion at law or in equity may appear necessary or ap r priate to collect the Basic Rent and Additional Rent t en due and thereafter to become due, or to enforcel ` erformance and observance of any obligation, agr�ee ent , or covenant of the LESSEE under this Lease. (g) in exercising n of its remedies set forth in this Section, the L S OR may, whether or not the Lease is then in effec , hold the LESSEE liable for the difference betw e the payments and other costs for �rhich the LESSEE� i responsible under this Lease. -+ (h) no remedy herein�cTnferred upon or reserved to LESSOR is intended to be a lusive of any other available remedy I 10 � • � D ��i°`''/ or remedies , b�t each and every such remedy shall be cumulative and s all be in addition to every other remedy given upd r this lease or now or thereafter eaisting at law', o in equity by statute. No delay or omission to exe c ' se any right or power accruing upon any default sh�il impair any such right or power or shall be constru�2d to be a waiver thereof, but any such right and power� m y be eaercised from time to time and as often as m�y be deemed eapedient . In order to entitle the LESSIOR to ezercise any remedy reserved to it on this Provisio�, it shall not be necessary to give any notice, other 'th n such notice as may be herein egpressly requirjed ( 26 ) Amended . Anythinjg herein contained to the contrary notwithstanding , this leajse may be terminated , and the provisions of this Lease may be, ini w iting, amended by mutual consent of the parties herein. � (27) Waiver of Relocalti n Benefits . Lessee agrees to waive � all , if any, relocation en fits that may be owing as a result of their eventual vacation o�f he premises . (28) Railroad Servicel�. In the event the Lessee desires rail eervice to the Leased Premiaes , it shall be the sole responsibility of the es ee to pay the cost of any trackage, signals , etc . and/or an m intenance of said improvement . The Lessee shall also need t e onsent of the Lessor for any railroad service to the Leased Pr{em ses , Por which the Lessor shall not unreaeonably withhold. I�Th Lessee indemnifies, defends, saves and holds harmless the L as r and any agents or employees thereof from all claims, dema ds actions or causes of action of Khatsoever nature or ch ra ter, arising out of or by reason of the use and/or presen. e f Railroad operations or business activities taking place n essor ' s premises . ( 2g) Snow Removal. LE SEE shall be responsible and pay the costs of clearing snowlfr m the Leased Premises access areas . ( 30) Alterations . �'he LESSEE Will not make any alterations to the premises without ! th written consent of the LESSOR, such consent not to be unreaqon bly withheld. If the LESSEE desires to make any such alterat�;on , an accurate description shall first be submitted to and app�ov d by the LESSOR and such alterations shall be done by the LF SE at its own ezpense . LESSEE agrees that all such work s�sl be perYormed under the LESSOR 'S supervision an� any imp ov ments made to the Leased Premises by the LESSEE shall become �he property of the LESSOR at the end of the Lease period . LESS$E grees that all alterations �ril:l be done in a workmanlike m�nn r and in conformance with applicable buildin� codes , that the ' st uctual integrity and building systems of the building will n�t e impaired, and that no liens will attach to the premises b� r ason thereof. I 11 . ' c� �-��-�' (31 ) Prohibited Uses ' rohibitive uses of Leased Premises include the atorage of th , following: 1) Gasoline in .fuel torage containers, including vehicles , boats , motors , et�. 2) Corrosives ', 3) Flamables and/or �o uatible material 4) Any other items ; etermined by the City or State Departments of He�lth to be harmful if stored. ( 32) Flood Damages an lood Evacuation. LESSEF indemnifies , defenda , saves , and holds h rmless the LESSOR and any a�ents or employees thereof for all� claims , demands , actions , or causes of action of Whataoever nat�r or character, arising out of or by reason of the Leased Pre�ises being directly and/or indirectly affected by the peril of �1 od or severe rainfall. (33 ) Second-Year Op i n. The LESSOR shall determine and notify the LESSEE by Nove b r 30, 19s9 if the Leased Premises is available for the time pe i d of one (1) year from April 1, 1990 . to March 31 , 1991 . If !�v ilable for lease , the LESSEE shall have the first option to I�x end this Lease for a second year from April 1 , 1990 to March'I3 , 1991 • LESSEE must indicate its intention to ezercise i�ts option in writing to the LESSOR by December 31 , lg8g . i All the terms and condi�i ns of the Lease for the second year ahall be the same as in h a Lease ezcept , that the basic rent rates as indicated in ; A ticle (5) of this Lease shall be increased by the same �Pe centage increase as the Twin City Consumer Price Indeg for �th twelve months ' period prior to April 1, 1gg0• �� j 2 � � Vl �( �� 3�� i i IN WITNESS WHEREOF, he parties hereto have set their hands and seals the day and yea 'n this I,ease first above written. i I LESSOR -- CITY OF SAINT PAUL I '� � . i � Mayor �, i City Clerk Director of Finance and Management Services Department Director City Attorney Form Appro al as=mv��_��=�n�s��e �s �===xaas3mmcm=�3s��s�a=�x3��==;v=��=�==s=c LESSEE � , ��S 7/' � c� f r/E �H� � G� /��. by � T� T a � � Its � v � � ��, I �� ; I s ; I Its . 1� 12/16/88 . 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