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HomeMy WebLinkAbout9C - Allina Health Systems ,//~'o~--rRIO~'.'\ ;.... ~\ It ~\ 'U ;;\' \ ~/ \ / "....,rltINNEsoil'- // '-. ,/ -...._--- MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: ISSUES: 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT August 6, 2007 ~ 9C Frank Boyles, City Mana CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A LEASE WITH ALLlNA HEALTH SYSTEMS. Introduction The purpose of this agenda item is to approve a lease with Allina health Systems for space in Fire Station NO.2. Historv Allina has parked an ambulance outside behind the professional building at CSAH 21 and Main Avenue for several years in an effort to maintain high service levels in Prior Lake. There is no garage so the attendants stay in the idling vehicle waiting for a call. To keep the attendants comfortable and the contents operational, it is necessary for the ambulance to be running at all times. This is an increasingly costly proposition. Moreover, given the growth of the area, Allina has evaluated locations for their vehicles and identified better areas in Prior Lake. Current Circumstances Bill Snoke, who is a representative of Allina Health Systems, has been working with staff to determine how much space they would need in order to use Fire Station NO.2 as a base of operations. We have concluded than an office/crew room of between 120 - 150 square feet, together with one-half bay (22' X 44') would be sufficient for their purposes. A lease agreement has been prepared with the help of the City Attorney. That agreement calls for the following: . Lease of approximately 1,000 square feet as described above. . Term of five years initially with an additional five-year extension. . $1,200 month rent for 2008. . Monthly rent increases by the CPI-U for each subsequent year. The building is being designed so that the space meets Allina's needs, but also so that the Allina portion and City portion are separated. The lease is written for the longest time period authorized by law. The fundamental reason for Fire Station NO.2 is to improve City fire response times and ability to serve our growing community. By including Allina in the new station we are promoting optimum ambulance service availability as well. According to Allina, the Fire Station NO.2 location is even better than TH 13 and CSAH 21. The fact that we share a building facilitates communication between firefighters and ambulance personnel. Co-location also encourages joint training and better on-scene coordination. All of these things benefit our customer. www.cityofpriorlake.com Phone 952A47.9800 / Fax 952.447.4245 FINANCIAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: The lease will help the City defray some of the operating costs. If the ambulance service were to move out at some future date, this space can be readily adapted for Fire Department use. The lease income will help defray a portion of the operating costs associated with a second station. 1. Adopt a resolution authorizing the Mayor and City Manager to enter into a lease agreement with Allina Health Systems. 2. Take no action and direct the staff accordingly. Alternative #1. ~"~~) ~~~~~~:~~~t~;1i2Ei~~~OLUiIONll:' _~;~--- .... ....---... . ----- "-.,rltINNESOil'- // .,-----~ A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH ALLlNA HEALTH SYSTEMS Motion By: Second By: WHEREAS, Allina health Systems provides ambulance services to the Prior Lake area; and WHEREAS, Allina Health Systems leases space in strategic locations in the area to provide service to this growing area; and WHEREAS, The present location at CSAH 21 and Main is not an ideal location nor does it afford protection from the elements; and WHEREAS, The City is building Fire Station NO.2 at the corner of CR 21 and Fountain Hills Drive; and WHEREAS, Allina health Systems desires to lease 1,000 square feet within the building including one-half bay for one or two ambulance rigs and 120-150 square feet office/crew room; and WHEREAS, The lease of space in Fire Station NO.2 is beneficial to Allina health Systems and the City of Prior Lake and persons being served by these emergency service agencies. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Mayor and City Manager are hereby authorized to enter into a lease agreement with Allina health Systems for space in Fire Station No.2 PASSED AND ADOPTED THIS 6th DAY OF AUGUST 2007. YES NO Haugen Haugen Erickson Erickson Hedberg Hedbera LeMair LeMair Millar Millar Frank Boyles, City Manager www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this 6th day of August 2007 by and between the CITY OF PRIOR LAKE, MINNESOTA, a Minnesota municipal corporation, whose address is 4646 Dakota Street S.E., Prior Lake, MN 55372 (hereinafter referred to as "City), and ALLlNA HEALTH SYSTEM, a Minnesota non-profit corporation, whose address is 2925 Chicago Avenue, Minneapolis, MN 55407-1321 (hereinafter referred to as "Lessee'). In consideration of the mutual covenants and promises hereinafter set forth, the sufficiency of which are not disputed, the CITY and LESSEE do hereby agree as follows: 1. Descriotion of the Premises. CITY does hereby lease to LESSEE and LESSEE does hereby lease and take from CITY, a portion within the premises known as Prior Lake Fire Station No. 2 and located at on Lot 1, Block 3, Jeffers Pond 3rd Addition, Prior Lake, Minnesota. The portion of such premises to be leased by LESSEE shall include a half bay (approximately 22' X 44') and one office (approximately 120-150 square feet), with a cumulative square footage of 1000 square feet, as identified on the attached drawing (Exhibit A) (hereinafter collectively referred to as "Leased Premises'). a. LESSEE shall be permitted to use other common areas within the Building if said use by LESSEE does not negatively impact the CITY'S use of the Building. 2. Initial Term and Renewal Term. Subject to Paragraph 22 below, the initial term of this Lease Agreement shall be for a term of five (5) years commencing on the 1st day of April, 2008 and terminating on the 31st day of March, 2013. Provided that LESSEE is not in default under the terms and conditions of this Lease Agreement, the Lease term may be renewed by mutual agreement of both parties for an additional five-year term. The rent during the renewal period shall be calculated in the same manner as the annual rent in the initial term as described in paragraph 5 herein. 3. Use of Leased Premises. The Leased Premises shall be used and occupied by Lessee solely for the purpose of staging the delivery of ambulance service within Scott County, Minnesota and for no other purpose, and such use and occupancy shall be in compliance with all applicable federal, state and local laws, statutes, ordinances and governmental rules and regulations. 4. Buildina Imorovements to Leased Premises: City. CITY shall, prior to January 1, 2008, at its sole cost and expense, install a minimum of two 220-volt electrical receptacles within the bay of the Leased Premises and, in addition, install 110-volt duplex electrical receptacles every two feet in the office space within the Leased Premises. No other improvements are intended to be made to the Leased Premises, and LESSEE agrees and acknowledges that it accepts the Leased Premises on the commencement date of this Lease Agreement in an "as- is, where-is" condition," subject to the installation of the improvements as noted above in this paragraph. "greemenls\l."."''. /\ilina Health s - Fire StakJ L.doe 5. Rent and Security Deposit. LESSEE shall pay monthly rent in the amount of Twelve Hundred and 00/100 Dollars ($1200.00) per month for the Leased Premises for the calendar year 2008. For the year 2009 and thereafter, the rent shall increase each year by the percentage increase in the January to January, Minneapolis-St. Paul Consumer Price Index as reported by the US Department of Labor Bureau of Labor Statistics for the preceding year. Rent payments shall be made on a monthly basis and paid by the 10th day of the given month in which payment is due. A late fee of $25.00 per day shall be assessed for payments received after the 10th day of the month. All rental payments required hereunder shall be paid to the CITY at 4646 Dakota Street S.E., Prior Lake, MN 55372, Attn: Accounts Receivable, or such other place as determined by the CITY. The LESSEE shall not be required to pay a security deposit 6. Other Costs. The costs for electric utilities, gas utilities, sewer and water, refuse disposal, general mechanical repair and maintenance not caused by the negligence of LESSEE, and cleaning services shall be included as part of the rental payment for the Leased Premises. LESSEE shall be responsible for the payment of telephone, cable or internet services beyond the basic service installed within City buildings, and supplies necessary for LESSEE's use of the Leased Premises. The LESSEE shall pay any and all insurance which LESSEE desires to insure its own property which is located and situated on and within the Leased Premises. CITY shall not be liable to LESSEE for any loss or damage of any kind whatsoever caused or sustained by reason of CITY's inability to obtain energy or utilities for any reason beyond CITY's control. 7. Insurance. The LESSEE shall maintain in full force and effect during the term hereof, a policy of public liability insurance in a form acceptable to the City Attorney. The minimum limits of liability of such insurance shall be $1,000,000 for injury or death to anyone person, $1,000,000 for injury or death to more than one person and $500,000 for property damage. LESSEE shall be responsible for the payment of any and all other insurance which it desires, and/or a public liability policy which insures LESSEE above the limits as required hereunder of the CITY. The CITY shall be named as an additional insured in the public liability policy. Said policy shall contain a provision that the insurance cannot be terminated without 30 days written notice by the insurance company to the CITY. LESSEE shall provide CITY with a Certificate of Insurance which conforms with the provisions herein, before LESSEE may operate at the Leased Premises. The CITY shall carry and cause to be in full force and effect a fire and extended coverage insurance policy on the Building containing the Leased Premises, but not the contents owned, leased to, or otherwise in possession of the LESSEE. Said fire and extended coverage insurance policy on the Building covers, without any rating surcharge, a wide range of uses. If LESSEE refuses to follow directions from the Fire Inspection Bureau, or general housekeeping causing City's fire and extended coverage insurance premiums for the Building to increase, then the LESSEE agrees to pay to CITY any increase in CITY's premium. i:\Agreements\Leases\Aii:na Hea!lh Sys:ems - F~re Sta~ion ~-,Jo. 2.doc 7.1 Waiver of Subroaation. LESSEE and CITY hereby waive any rights each may have against the other on account of any loss or damage occasioned to LESSEE or CITY, as the case may be, or their respective property, to the extent such loss or damage is covered by insurance required to be maintained by either LESSEE or CITY, under this Lease. 8. Indemnification. 8.1 LESSEE. LESSEE shall indemnify, defend, and hold the CITY, its Council, agents, employees, attorneys and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, liens, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and attorneys' fees, that the City incurs or suffers, which arise out of, result from or relate to this Lease Agreement. The responsibility to indemnify and hold the CITY harmless from claims arising out of or resulting from the actions or inactions of the CITY, its Council, agents, employees, attorneys and representatives does not extend to any willful or intentional misconduct on the part of any of these individuals. 8.2 CITY. CITY shall indemnify, defend, and hold the LESSEE, its agents, employees, attorneys and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, liens, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and attorneys' fees, that the LESSEE incurs or suffers, which arise out of, result from or relate to this Lease Agreement. The responsibility to indemnify and hold the LESSEE harmless from claims arising out of or resulting from the actions or inactions of the LESSEE, its agents, employees, attorneys and representatives does not extend to any willful or intentional misconduct on the part of any of these individuals. 8.3 NO THIRD-PARTY RECOURSE. The CITY and LESSEE agree that third parties shall have no recourse against the CITY or LESSEE under this Lease Agreement. In all such matters, including court actions, the CITY and LESSEE agrees that the indemnification and hold harmless provisions set out in Paragraph 8.1 and 8.2 shall apply to said actions. 9. Maintenance. The CITY shall be responsible for making all repairs to the Leased Premises. The LESSEE agrees to keep the Leased Premises in a clean, orderly and sanitary condition and will neither do nor permit to be done therein anything which is in violation of insurance policies on the Building or that is contrary to the intended use, or any federal, state or local law, ordinance or regulation thereof. The LESSEE will neither commit nor suffer waste to the Building or to the Leased Premises. The CITY shall, at its own expense, keep in good order, safe condition and repair, the structural parts of the Building (including, but not limited to, roof, exterior walls, foundation and floor and the Buildings heating and cooling systems) in which the Leased Premises are located, except where repairs to the 1:\Ag~eemGnts\Leases\p,!iina Heaith Systems - Fire Station ~<o. 2,doc structural parts are required due to the fault or negligence of the LESSEE, its employees or invitees, in which case the LESSEE shall be responsible for reimbursing the CITY for the costs of such repairs. 10. Appearance and Access. CITY, to the extent obligated herein, and LESSEE mutually agree to keep the grounds, Building, and the Leased Premises in a condition of good repair and appearance as their respective responsibilities and rights require. LESSEE agrees to keep all of its trash containers, refuse and waste within the Leased Premises and agrees not to litter any of the grounds or entries. LESSEE acknowledges that, upon occupancy of Leased Premises, LESSEE will cause the Leased Premises to be inspected in order to ascertain the condition thereof, that any objections thereto not delivered in writing to the CITY within sixty (60) days after occupancy shall be deemed waived, excepting latent defects during the first year. No representations, either expressed or implied, have been made regarding the quality or condition or suitability of the Leased Premises for the purposes for which it is leased. 11. Condemnation. The parties hereto agree that if the Leased Premises, or any part thereof, shall be taken or appropriated for any public use by any public or quasi-public authority during the term of this lease, that this lease shall terminate as of the date of such appropriation and all condemnation proceeds shall be the sole property of the City. It is further agreed that if this lease is terminated because of any such taking of the Leased Premises, that the monthly rental for the month in which the condemnation taking occurs shall be prorated between the parties hereto. 12. Assianment. The LESSEE shall not have the right to assign its interest in this Lease Agreement or to sublet the Leased Premises, or any part thereof without the prior written consent of the CITY, and which provides the same type of service, except that LESSEE may assign this Lease Agreement to an entity which is a parent or affiliate of LESSEE. LESSEE agrees that it will not permit any assignment hereof by operation of law without the consent in writing of the CITY, first hand and obtained. No assignment for the benefit of creditors or by operation of law shall be effective to transfer any rights to the said assignee without the written consent of the CITY, first hand and obtained. 13. Breach of LESSEE. If the LESSEE shall default hereunder and such default shall continue for a period of thirty (30) days after written notice from the CITY of such default, then it shall be lawful for the CITY to terminate this Lease Agreement and enter into and take possession of the Leased Premises and remove all persons and their property therefrom; provided that if the default be of such a nature that it may require more than thirty (30) days to cure, the period to cure may be extended with the written permission of the CITY. Said time to cure default may be extended for such period of time as specified by CITY's written notice to LESSEE. The LESSEE shall cure any default with due diligence and within the time period provided herein. 14. Alterations and Improvements: LESSEE. LESSEE shall not make any alterations and/or improvements to the Leased Premises without the prior written i:\Agreements\Leases\.A:!ina Heaith Systems - Fire Station i'~o. 2.doc consent of the CITY. If the LESSEE shall desire to make any such alterations or improvements, an accurate description shall first be submitted to and approved by the CITY and shall be done by the LESSEE at its own expense. If the CITY grants approval to make alterations, LESSEE, at the time such request is made, shall indicate if LESSEE may desire to remove said alterations at the termination of this Lease Agreement. CITY may grant with conditions or deny, at its sole discretion, any request for alteration made by LESSEE. Any request for alteration shall be in writing and clearly describe the proposed alteration. The CITY shall approve with conditions or deny said request in writing. LESSEE agrees that all such work, whether the work involves an alteration or restoration of an alteration, shall be done in a good, workmanship-like manner, and in conformance with applicable building codes, that the structural integrity of the Building shall not be impaired, and that no liens shall attach to the Leased Premises by reason thereof. The LESSEE shall and will in each instance save the CITY and said Leased Premises forever harmless and free of all costs, damages, losses and liabilities of every kind and character which may be claimed, asserted or charged, including liability to adjacent owners based upon the acts or negligence of said LESSEE or their agents, contractors or employees, and will preserve and hold the CITY and said Leased Premises forever free and clear from liens for labor and material furnished. Any such alterations shall become the property of the CITY as soon as they are affixed to the Leased Premises and all right, title and interest therein of the LESSEE shall immediately cease unless otherwise stated in writing. The LESSEE however, shall remain the owner of any installed trade fixture and shall have the right to remove such trade fixture at the expiration or termination of this Lease Agreement, so long as the Leased Premises shall be restored to their original condition at the termination or expiration of this Lease Agreement and subject to the provisions provided in Paragraph 4 herein. 15. Mechanic's Lien. In the event any Mechanic's Lien shall at any time be filed against the Leased Premises or any part of the Leased Premises by reason of work, labor, services or materials performed or furnished to LESSEE or to anyone holding the Leased Premises through or under LESSEE, LESSEE shall forthwith cause same to be discharged of record, provided however, that LESSEE shall be entitled to contest such Lien in good faith by appropriate proceedings upon furnishing such security as may reasonably be required by CITY, but in no event more than 150% of the contested amount. If LESSEE shall fail to cause such Lien forthwith to be discharged within thirty (30) days after being notified of the filing thereof, then, in addition to any other right or remedy of CITY, CITY may proceed under the provisions of Paragraph 15, but shall not be obligated to, discharge the same by paying the amount claimed to be due, or by bonding, and the amount so paid by CITY and all costs and expenses, including reasonable attorneys' fees incurred by CITY in procuring the discharge of such lien, shall be due and payable in full by LESSEE to CITY on demand. 16. Termination. Upon termination of this Lease Agreement, LESSEE shall deliver up said premises to the CITY in as good a condition as said Leased Premises shall be in as of the date of tender of possession subject to ordinary wear, tear and decay, the LESSEE agreeing not to leave the Leased Premises in an irregular or unkempt manner. Health Systems - FI,"e Starlon No. 2doc 17. Rules and Reaulations. The LESSEE shall perform, observe and comply with all Building codes, rules and policies of the CITY with respect to the safety, care and cleanliness of the Leased Premises, and the preservation of good order thereon, and, upon written notice thereof to LESSEE, LESSEE shall perform, observe and comply with any changes, amendments or additions thereof as from time to time shall be established and deemed advisable by the CITY. Said rules and policies shall be in writing. 18. Entrv. During the ninety (90) days prior to the expiration of the lease term of this Lease or upon written notice, the CITY or its agents may exhibit the Leased Premises to prospective lessees and/or purchasers. 19. Notices. All notices, consents, demands and requests which may be or are required to be given by either party of the other, shall be in writing and sent by United States registered or certified mail, with return receipt requested, addressed to: LESSEE: with additional copy to: CITY: Frank Boyles, City Manager City of Prior Lake 4646 Dakota Street Southeast Prior Lake, MN 55372 With additional copy to: Suesan Lea Pace, Esq. Halleland Lewis Nilan & Johnson 600 U.S. Bank Plaza South 220 South Sixth Street Minneapolis, MN 55402-4501 The date which said registered or certified mail is mailed by a party shall be conclusively deemed to be the date on which a notice, consent, demand or request is given or made. The above address of a party may be changed at any I\Agreements\LeasesIA!lina Health Systems - Fire Station ~Jo. 2.doc time, or from time to time, by notice given by said party to the other party in the manner herein above provided. 20. Claims. The LESSEE and the CITY will make no claim against the other party for any loss of or damage to property and/or the Leased Premises caused by theft, burglary, water, gas, electricity or other means. 21. Fire Repair. In the event of damage to the Leased Premises by fire, the elements or other casualty, the CITY shall repair the damage with reasonable dispatch. If the damage renders the Leased Premises untenantable in whole or in such part that it is impractical to conduct business therein, the rent shall wholly abate until the damage has been repaired. If the extent of the damage is such that it is not financially prudent to repair or rebuild Leased Premises, the CITY may terminate the Lease Agreement, in which case the LESSEE agrees to waive any and all claims or whatever nature it may have against the CITY. 22. Quiet Enjoyment. LESSEE, upon payment of the rent herein reserved and upon performance of all of the terms, covenants and conditions of this Lease Agreement by it to be kept and performed, shall at all times during the term hereof or during any extension or renewal hereof, peaceably and quietly enjoy the Leased Premises without any disturbance from CITY. Upon expiration of the Lease term or earlier termination of the Lease because of a breach of this Lease Agreement or early termination as hereinafter provided, LESSEE shall surrender the Leased Premises in good condition and repair, except for reasonable wear and tear. 23. Early Termination of Lease Aareement. Notwithstanding anything herein to the contrary, either CITY or LESSEE may terminate this Lease Agreement at any time on and after January 1, 2009, by giving the other party written notice six (6) months prior to the intended early termination date. At the termination date as specified by notice given in accordance with this paragraph, this Lease Agreement shall terminate and LESSEE shall vacate the Leased Premises in accordance with Paragraph 22 above. In the event that neither party elects to terminate this Lease Agreement in accordance with this paragraph, then, subject to Paragraph 22 above, the lease term shall continue as otherwise provided in Paragraph 2 above. 24. Holdino OYer. If LESSEE shall hold over the Leased Premises or any part thereof after the expiration of the term hereof or the date beyond the early termination date as provided for in the preceding paragraph, such holding over shall be construed only to be a tenancy from month to month subject to all of the covenants, conditions and obligations hereof except that the rent shall increase by five percent (5%) of the amount identified in Paragraph 5 herein. Nothing herein shall be construed to give LESSEE any rights to hold over or to continue in possession of the Leased Premises. 25. Bankruptcy: Non-Compliance With Lease Terms and Conditions. It is further agreed between the CITY and LESSEE that this Lease Agreement is made upon the condition that if the LESSEE shall neglect or fail to keep, observe and perform any of the covenants and agreements contained in this Lease Agreement, which are to be kept, observed or performed by the LESSEE, or if the leasehold interest of the LESSEE shall be taken on execution or other 1:\Agreements\Leases\p',!iina Heaith Systems - Fi:"e 815::01 ~~o. 2,doc process of law, or if the LESSEE shall petition to be or be declared bankrupt or insolvent according to law or if the LESSEE shall vacate said premises or abandon the same during the term of this Lease Agreement. In any of the aforementioned situations, the CITY may after thirty (30) days notice of LESSEE's failure to cure or at any time thereafter, and without further notice or demand, enter into and upon said premises, or any part thereof, in the name of the whole, and take absolute possession of the same fully and absolutely, without such reentry working a forfeiture of the rents to be paid and the covenants to be performed by the LESSEE for the full term of this lease, and may at the CITY's election lease or sublet the Leased Premises, or any part thereof, on such terms and conditions and for such rents and for such time as the CITY may elect, and after crediting the rent actually collected by the CITY from such reletting on the rentals stipulated to be paid under this Lease Agreement by the LESSEE from time to time, collect from the LESSEE any balance remaining due from time to time on the rent reserved under this Lease Agreement, charging to the LESSEE such reasonable expenses as the LESSEE may expend in putting the premises in tenantable condition. Or the CITY may at its election and upon written notice to the LESSEE declare this lease forfeited and void, and may thereupon reenter and take full and absolute possession of said premises as the owner thereof, and free from any right or claim of the LESSEE, or any person or persons claiming through or under the LESSEE; and such election and reentry last mentioned shall be and constitute an absolute bar to any right to enter by the LESSEE upon the payment of all arrearages of rent and costs after a dispossession under any suit or process for breach of any of the covenants of this lease, and the commencement by the CITY of any action to recover possession of said premises aforesaid shall be deemed a sufficient notice of election of said CITY to treat this lease as void and terminated, without the written notice above specified, unless the CITY shall in writing, before beginning such proceeding, notify the LESSEE that after obtaining such possession the CITY will continue to look to the LESSEE for the performance of this lease and will submit the premises on the LESSEE's account, in the manner as above provided. 26. Nondiscrimination. In connection with the execution of this Lease Agreement, the LESSEE agrees that it shall comply with the provisions of Minnesota Statutes Chapter 363A. The LESSEE will take affirmative actions to insure that applicants are employed, and that employees are treated during employment without regard to race, color, sex or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other forms of compensation, and selections for training, including apprenticeship. 27. Certificate of Comoliance for Public Contract. If LESSEE has employed more than twenty (20) full-time employees in Minnesota at any time during the previous twelve (12) months, it shall have an affirmative action plan for the employment of minority person, women and the disabled that has been approved by the Commissioner of Human Rights. The LESSEE shall submit receipt of a Certificate of Compliance issued by the Commissioner signifying that the LESSEE has an approved Affirmation Action Plan by the State Human Rights Department. I :\Ag reements\Leases\A,liina Health Systams - Fire Station ~h 2 doc 28. Compliance with State and Federal Laws. LESSEE, in connection with the execution of this Lease Agreement, assumes compliance with the statements and conditions in the Equal Employment Opportunity Assurance included in Exhibit "B". 29. Attornevs' Fees. Costs and Expenses. Any party to this Lease Agreement which prevails in any proceedings, whether judicial, administrative or otherwise, commenced to enforce any rights, obligations, and/or responsibilities under the covenants, terms and conditions of whatever kind or description, of this Lease Agreement, shall be entitled to recover from the other party, or parties hereto, all costs and expenses, including reasonable attorneys' fees, incurred by reason of such proceedings having been commenced and resolved in whatever fashion in favor of the party claiming such reimbursement hereunder. 30. Entire Aareement. This Lease Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations or agreements, either written or oral. 31. Counterparts and Sianatories. This document may be signed in one or more counterparts which, when taken together, shall be one and the same agreement. The persons signing this Lease Agreement have been duly authorized by their respective entities to enter into this Lease Agreement. 32. Headinas. The headings herein are inserted only for convenience and reference and shall in no way define, limit or describe the intent of this Lease Agreement. 33. Governina Law I Jurisdiction. This Lease Agreement shall be governed by the laws of the State of Minnesota and such laws shall govern all questions and interpretations concerning the validity and construction of this Lease Agreement and the legal relations among the parties and performance under it. If any provision of this Lease Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 34. Exhibits. This instrument contains all of the agreements made between the parties and may not be modified orally or in any manner other than by agreement, in writing, signed by all parties to this Lease Agreement. The following Exhibits listed below are made part of this Lease Agreement as if fully set forth herein: Exhibit A Diagram of Leased Premises Exhibit B Equal Employment Opportunity Assurance 35. Other Provisions. The invalidity or unenforceability of any provision hereof shall not affect or impair the validity of any other provision. 36. Waiver. One or more waivers of any covenant, term or condition of this Lease Agreement by the CITY shall not be construed by the LESSEE as a waiver of a subsequent breach of same covenant, term or condition. The failure or delay on the part of the CITY to enforce or exercise at any time any of the provisions, rights or remedies of this Lease Agreement shall in no way be construed to be a waiver thereof nor in any way effect the validity of this Lease Agreement or any i\/\greements\Leases\J-.:!ina Health Systems - Fi!'e Sta:!ol1 1\0, 2.doc part thereof or the right of the CITY to thereafter enforce each and every such provision, right or remedy. 37. Bindino Effect. This Lease Agreement and the covenants and conditions herein contained, shall inure to the benefit of and be binding upon the CITY, its successors and assigns, shall be binding upon LESSEE, their heirs, successors and assigns, and shall inure to the benefit of LESSEE and only such assigns of LESSEE to whom the assignment by LESSEE has been consented to by CITY. IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement to be executed the day and year first above written. CITY: CITY OF PRIOR LAKE LESSEE: ALLlNA HEALTH SYSTEMS BY: BY: Jack G. Haugen, Mayor Its: BY: BY: Frank Boyles, City Manager Its: Approved as to Execution: Suesan Lea Pace City Attorney i:\;\g~E:er::el1ts\.Leases\_A.:I;n3 Heaith Systi::n:s - Fi!'e Sta~i8n 2dcc EXHIBIT "A" Diagram Identifying Leased Premises EXHIBIT "B" Equal Employment Opportunity Assurance ALLlNA HEALTH SYSTEM hereby agrees that it shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, marital status, status with regard to public assistance, disability, political affiliation or sexual preference. Dated: LESSEE: BY: Its: 1:\,Agreemcnts\.Leases\.Alina Heaith Systems - F~re Ststion rJo. 2.doc 1'" "'~ '\ II i: !:I I I I "i '<' . '~, G 1 r- ~z T ~z $: J'T1 ~ Z Z J'T1 "11 r o o :0 '"U 5: z o