90-1457 I
Please return copy �q: 0 � I �I N A L Council File # d— �j '7
Real Estate Divisionl �/
218 City Hall Green Sheet # /� 7 70
(DN) (Rose) RESOLUTION '
_ F SAINT PAUL, MINNESOTA 7�
J
• Presented By
Referred To� . Committee: Date c� oZ ��
WHERE S , since 1972 the City, on behalf of the Department of
Public Wor s, has leased to Rose Karas, representing Twin City
Refuse & R cycling Transfer Station, the easterly 15 feet of Lot
11, Rosen ddition to the City of Saint Paul, which .is located on
the South ide of Water Street between the High Bridge and Plato
Boulevard; and
WHERE S , a representative of the Lessee has requested that
the area o� the Leased Premises be expanded to accommodate the
occasional storage of large metal trash containers; and
WHERE�IS, responsible officials of the Department of Public
Works have agreed to the extension of the westerly line of the
Leased Pre ises an additional 45 feet to the west with an
increase i the annual rental corresponding to the increased
area; and
WHERE S , the Lessee has agreed to language in the amendment
which limits the materials which may be stored on the Leased
Premises a d further restricts uses to which the leased Premises
may be put;
THERE ORE BE IT RESOLVED„ that Lease Agreement PW/8 be
amended to increase the area of the Leased Premises from 1, 320
square feet to 7 ,668 square feet , with a corresponding increase
in the an ual rent.
a Navs Absent Requeated by Department of:
no
w
on Finance & Management Services
cca ee
e ma
u e gY; � N- �rector ��
i son
�t� ��_��-y�� �
Form Ap ved by City Attorney �\
Adopted by Council: Date �Cm� '� ��_ F��
Adoption ertified by Council Secretary g �
Y; '",
� � `
- ,, �,. .
BY� A�pg�ov�i by Mayor for Submission to
Approved by Mayor: Date o SEP 1 � 1990� ��l �
J' .. �
By: By�
PUBLISH�D S E P 2 `? 1990
, �q� ���
DEPARTMENT/OFFICE/COUNCIL DATE INITIATED N� „J,O / �H
Finance & Mana ement Services 7 12 o GREEN SHEET
CONTACT PERSON 8 PHONE INITIAUDATE INITIAUDATE
�DEPARTMENT DIRECTOH �CITY COUNCIL
� A$$��N CITY ATTORNEY CITY CLERK
Dave Nelson L9H-5317 NUMBER FOR �BUD(iET DIRECTOR Q FIN.8 MGT.SERVICES DIR.
MUST BE ON COUNCIL AOENDA BY(DATE) ROUTING •
ORDER �MAYOR(OR ASSISTAN� � Real Estate Division
TOTAL#OF SIGNATURE PAG 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED:
To amend Lease Agre ent PW/8, expanding the area of the Leased Premises from 1,320 square
feet to 7,668 squar feet and increasing the annual rent from $175 to $685. Reference:
1. Council Resolut n for enactment; 2. Sample copy of Amendment 1 to Lease Agreement PW/ ;
3. Co of Le
RECOMMENDATIONS:Approve(A)or ReJ (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
_ PLANNINO COMMISSION _ IVIL SERVICE COMMISSION �• Hes this person/firm ever worked unde�a contract for this department?
_CIB COMMITTEE _ YES NO
2. Has this personlfirm ever been a city employee?
_3TAFF — YES NO
_DIS7RICT COUR7 _ 3. Does this person/firm possess a skill not normally possessed by any current city employee7
SUPPORTS WHICH COUNCIL OBJECTIVE7 YES NO
Explaln all yes answers on saparate sheet and attach to groen sheet
INITIATINO PROBLEM,13SUE,OPPORTU ITY(Who,Whet,When,Where,Why):
The Lessee requeste the expansion of the ed Premises to accommodate the occasional
storage of large me al containers. �</�/ED
UF���: JUC � 6, �9q(� ����:1�lF�';t
���rn�7T���r�� U!�t C; ,
p�4 Uf 0 ' '
ADVANTAOESIFAPPROVED: /V� 5��� �S "� ���.'-l�
CG . ,f �
The City will recei e an additional ��46 �u��,�g,1990 and $510 during each of the two more
years remaining on he agreement.
DI3ADVANTAQES IF APPROVED:
N/A
DISADVANTAGES IF NOT APPROVED:
The City will not r ceive the additional ren��E��
�1�� Council Research Cente�
ClTY CLERK JUL � � �,��
TOTAL AMOUNT OF TRANSACTIO S 1,266 COST/REVENUE BUDGETED(CIRCLE ONE) YES NO
FUNDINCi SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION:(EXPLAIN) � �//
VV
NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL
MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO. 298-4225).
ROUTING ORDER:
Below are correct routings for the five most frequent types of documents:
CONTRACTS(assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept. Grants)
1. Outside Agency 1. Department Director
2. Department Director 2. Ciry Attorney
3. Ciry Attorney 3. Budget Director
4. Mayor(for contracts over$15,000) 4. Mayor/Assistant
5. Human Rights(for contracts over$50,000) 5. Ciry Council
6. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services
7. Finance Accounting
ADMINISTRATIVE ORDERS(Budget Revision) COUNCIL RESOLUTION (all others, and Ordinances)
1. Activity Manager 1. Department Director
2. Department Accountant 2. City Attorney
3. Department Director 3. Mayor Assistant
4. Budget Director 4. City Council
5. City Clerk
6. Chief Accountant, Finance and Manegement Services
ADMINISTRATIVE ORDERS (all others)
1. Department Director
2. City Attorney
3. Finance and Management Services Director
4. City Clerk
TOTAL NUMBER OF SIGNATURE PAGES
Indicate the�of pages on which signatures are required and paperclip or flag
eaCh of thsse pages.
ACTION AEQUESTED
Describe what the projecUrequest seeks to accomplish in either chronologi-
cal order or order of importance,whichever is most appropriate for the
issue. Do not write complete sentences. Begin each item in your list with
a verb.
RECOMMENDATIONS
Complete if the issue in question has been presented before any body, public
or private.
SUPPORTS WHICH COUNCIL OBJECTIVE?
Indicate which Council objective(s)your projecUrequest supports by listing
the key word(s) (HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT,
BUDGET, SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.) '
PERSONAL SERVICE CONTRACTS:
This information will be used to determine the citys liability for workers compensation claims,taxes and proper civil service hiring rules.
INITIATING PROBLEM, ISSUE, OPPORTUNITY
Explai�the situation or conditions that created a need for your project
or request.
ADVANTAGES IF APPROVED
Indicate whether this is simply an annual budget procedure required by law/
charter or whether there are specific ways in which the City of Saint Paul
and its citizens will benefit from this projecUaction.
DISADVANTAGES IF APPROVED
What negative effects or major changes to existing or past processes might
this projecUrequest produce if it is passed(e.g.,traffic delays,noise;
tax increases or assessments)?To Whom?When? For how long?
DISADVANTAGES IF NOT A�PROVED �
What will be the negative consequences if the promised action is not
approved?Inability to deliver service?Continued high traffic, noise,
accident rate?Loss of revenue?
FINANCIAL IMPACT
Although you must tailor the information you provide here to the issue you
are addressing, in general you must answer two questions: How much is it
going to cost?Who is going to pay?
t #
� `' CITY OF SAINT PAUL Members:
���:,
,�e• '; OFFICE OF THE CTTY COUNQL Roger J.Goswitz,chair
. i� David Thune,vice chair
� =i=i� iu� �„ Tom Dimond
� �o Bob Long
+ Date: September 5,1990
,...
Committee Report
To: S int Paul City Council
From: P blic Works, Utilities, and Transportation Committee
R ger J. Goswitz, Chair
Hearing Date Action
Ap roval of Minutes of August 29, 1990. APPROVED 3-0
1 . 9/18/90 VA ATION: Petition of John and Dolores Dean for APPROVED 3-0
th vacation of part of the alley in Byrne's
Re rrangement, bounded by Kenneth, Ford Parkway,
Pi ehurst and Howell . Purpose is to clear title.
2. 9/18/90 VAC TION: Petition of Port Authority to vacate APPROVED 3-0
pa of State Street at the intersection of Delos
and State Streets. Purpose is to correct an
omi sion which should have been included in the
ori inal plat.
3. 9/13/90 RAT FICATION OF ASSESSMENTS: Sidewalk APPROVED 4-0
rec nstruction with integral curb for the North
sid W. Seventh Street from Smith Avenue to
For es Avenue, East side Smith Avenue from
W. eventh to Forbes Avenue and West side Forbes
Ave ue from Smith Avenue to W. Seventh Street.
4. 9/13/90 FIN L ORDER: For installation of green lantern APPROVED 3-1
sty e street lights on Minnehaha Avenue from
Whi e Bear Avenue to McKnight Road.
5. 9/18/90 RAT FICATION OF ASSESSMENTS: For the Fairview/ APPROVED 4-0
Mon real Area Street Paving and Lighting Project.
6. 9/18/90 RAT FICATION OF ASSESSMENTS: For the Fairview/ APPROVED 4-0
Mon real Area Storm Sewer Project.
7. 9/18/90 RAT FICATION OF ASSESSMENTS: For improving APPROVED 4-0 ,
� Pin hurst Avenue from Fairview to Howell with
an ld style lantern street lighting system
at 00 foot spacing. Part of the Fairview/ -
Mon real Area Street Paving and Lighting .
Pro ect.
8. 9/11/90 RAT FICATION OF ASSESSMENTS: For the Portland/ APPROVED 4-0
Ald ne Area Street Paving Project.
9. 9/11/90 RAT FICATION OF ASSESSMENTS: For the Portland/ APPROVED 4-0
Aldine Area Storm Sewer Project.
, � �fd-i�.s�
10.� 9/11/90 RATIFICATION OF ASSESSMENTS: For the Arlington/ LAID OVER TO
Western Area Street Paving and Lighting Project. 10/3/90
11. 9/11/90 RATIFICATION OF ASSESSMENTS: For the Arlington/ LAID OVER TO
Western Area Storm Sewer Project. 10/3/90
12. `RESOLUTION - 90-1457 - Amending Lease Agreement � APP OVED -
PW/8 to increase the area of leased premises of
Twin City Refuse and Recycling Transfer Station
from 1,320 sq. ft. to 7,668 sq. ft.; with a
corresponding increase in annual rent located ,
on the south side of Water Street between the . - =
High Bridge and Plato Blvd. (Referred to
Committee 8/21/90)
13. RESOLUTION - 90-1459 - Increasing the assessment LAID OVER TO
rate for street paving, curb and gutter for CSSP 9/19/90
projects from �19.00 per assessable foot to
$20.00 per assessable foot. (Referred to
Committee 8/21/90)
14. RESOLUTION - 9b-1460 - Increasing the assessment LAID OVER TO
rates for Storm Sewer Separation Projects from 9/19/90
3 cents per sq. ft. for 1 and 2 family properties �
and 7.5 cents per sq. ft. for types of property
to 3.5 cents and 9 cents respectively. (Referred
to Committee 8/21/90)
15. RESOLUTION - 90-229 - Authorizing proper APPROVED AS
City officials to grant james and Laura Wingate AMENDED 4-0
a driveway easement over City property described
as part of Blk. 2, Clarke's 2nd Addn. and Blk. 1,
Dawson's 5th Addn. in the block bounded by
Larpenteur, Wheelock, Edgemont and Arkwright.
(Referred to Committee 2/13/90)
16. RESOLUTION - 90-1483 - Authorizing City staff to APPROVED 3-0
enter into a three year agreement with NSP
whereby NSP will pay City $1.9 million to operate
energy programs. (Referred to Committee 8/23/90)
, .
' . , �qo-��`,��
AMBNDZiSNT �i0. 1 TO LEASB A68BB�BNY PW/8
B Ti�EBP ?HB CI?Y OF SAIN2 PAIIL AND BOSS BABAS
;� ;
.��`' .�
� Y.
Thi� adden�im , m�and entered into this _ _day of
, 1990 , by and between the City of Saint
� , ;�t "LESSOR, " and Rose Karas , herein-
Pau��erei �ter ca a.
�,,.
after the ° E. "
_ ����,�,
i+lITNESSETH: "
���>F�
.�`
WHEREAS , th� LESSOR an�h�, , entered into Lease Agreement
PW/8 , on Jar�uary 1 , 1988, an, .;,�- "
.,�. a
WHEREAS , thl LESSEE h�* 'requeste :.:the LESSOR has agreed ,
that the ar�a of the Leased es be "�' reased to accommodate
occasional $torage of inet ontai�ers ; an �
,,�
WHEREAS , t e LESSOR and the LESSEIt�fi`�ve reed that the rent
shall be increased in proportion to ncreased area of the
Leased Prem ses ; �T
'"��
NOW THEREFO E , it is hereby agre� between the parties hereto .
that , subje t to all other terms an�-.�ond�.�tions ined there-
in , Lease greement PW/8 shall be amei�'�`i� a ow
�
3 � ,
I. Paragr ph ( 1 ) shall be amended to rea,�:, as follows : M1*'
,,a
'�.;..,
(1) L ased Pre�ises The LESSOR, in consideration of the
payment of the Basic Rent and Additional Rent hereinafter
speci � ied o be paid bq the LESSEE , and the covenants and
agreements erein contained, does hereby lease, demise and let
unto LESSEE the following described premises , which are herein-
after refer ed to as the "Leased Premises" :
All of Lot Eleven ( 11 ) and the easterly ten (E ' ly 10) feet
of Lot Twelve ( 12 ) "Rosen Addition " to the City of Saint
Paul, innesota.
consisting f 7 , 668 square feet of vacant land, more or less ,
located on the South side of Water Street between the High Bridge
and Plato Bo levard.
See Exhibi " A" Plan or Map of Leased Premises which is
attached hereto and incorporated herein by this reference.
I
1
- - . �yd� ��s�
II. Paragr�ph (3) shall be amended to read as follows :
(3) IIse of Presises. The Leased Premises shall be used
and occupie�i by LESSSE for the following pnrposes :
Private riveway and Occasioaal Storage of �etal Containers
and for no other purpose without the prior written consent of
LESSOR.
III . Paragr ph (4 ) shall be amended to read as follows :
(4 ) Basic Bent . Rent shall be paid by the LESSEE in
advance on the first day of the term of the lease and on the
first day ,of each and every payment period thereafter as
indicated i the Payment Schedule below:
Payment Schedule
Payment Per od Commencing Date $ per Period
July 9, 1990 $246.U0
Annuall January 1 , 1991 $685.00
LESSEE shal make all payments of Basic Rent and Additional Rent
to LESSOR a the following address :
Pablic iior s Accountin Division 600 Cit Hall Annea St. Paul
MN 55102
The applica le account number for City Finance Accounting Code
is : 00000- 801.
IV. Paragr ph (27 ) , reading as follows , shall be appended:
(27) S ora e of Materials. The LESSEE shall not store trash
or loose ma erials of any sort , whether or not confined to con-
tainers , ao any flammable or otherwise hazardous materials on
the Leased remises .
V. Paragr ph (28 ) , reading as follows shall be appended:
(28) Consistenc with Floodwall Pur oses. Any use of the
Leased Prem ses , or alterations of the existing grade thereof , or
improvement constructed thereon shall be consistent with the
floodwall urposes for which the LESSOR purchased the Leased
Premises . ESSEE shall submit to the LESSOR plans of any modifi-
cations to e made f or approval by the LESSOR and the Corps of
Engineers ; nd construction of such modifications shall not begin
prior to re eipt of such approval. All such modifications shall
be made at he sole expense of the LESSEE.
2
. � , , , C�°" ����
IN WITNESS HEREOF , the parties hereto have caused these presents
to be execu ed as of the day and year first above—written.
CITY OF� SAINT PAUL
BY
Mayor
By
City Clerk
By
Director , Department of Finance
and Management Services
APPROVE AS TO FORM
ay
Assistant City Attorney
LESSEE
ay
Its
ay
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Revised 4/17/�6
Authority (C.F. or A.O.)
LEASE Na.
FINANCE DEPT. LE SE N0.M W. 8
�:,�. c i:: o�
DATE ��'� +� �
�:. a �
��a��..
'} a �
0 0 -�
Januar 1 8 � ��i'1I tlill ro
„^ i,4,. � 1111 !I! 1 �
LESSOR `� � �
�ss+
Cit of Saint P `�` �
CITY DEPARTMENT V' �}�; CITY OF SAINT PAUL
,�;
Public Works REAL PROPERTY '
,;;�.
LESSEE LEASE AGREEMENT
� �
�
ADDRESS
�k
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p'�,. �
T q
���y�
(1) Lease Premises. The LESSOR, in consideration of he payment
of the Basic R nt and Additional Rent hereina s e ' to be paid
by the LESSEE, and the covenants and agreements � in contained, does
hereby lease , demise and let unto LESSEE t followinq described
premises, whi h are hereinafter referred to as ` he "Leased Premises":
(here insert the Legal Descrip n)
.._�.���;�
Easterly Fif een (E'ly 15) Feet of Lot Eleven (11) "Rosen d�t '
Pau1, Minnes ta.
n �,��
,
���.��.
together with any and all buildings, fixtures in such buildings ,
improvements a d/or structures , if any, I.ocated thereon;
Whose Stteet A dress is South Side of Water Street between the High Rridg�_
and P B uleva d
1
' � � _ � � �'�-/��57
;
See Exhibit "A" Plan or Map of leased area whieh is incorporated
herein by th ' s reference.
Type of Prop rty (Vacant Land/Buildinq) Square Footage
Vacant La d 1 320 s . ft.
(2) Ter of Lease This lease shall be in effect for a term
com mencing a d ending on the dates indicated below, unless terminated
earlier by t e LESSOR as provided herein.
Term (Months/ ears) Commencing Date Ending Date
5 ears January 1, 1988 December 31, 1992
.
(3) Use o Premises. The premises shall be used and occupied by
LESSEE for th following purpose:
Private driv wa
and for no ot er purpose without the prior written consent of LESSOR.
(4) Basi Rent. Rent shall be paid by the LESSEE in advance , on
the first day of each and every payment period thereafter as indicated
in the Paymen Schedule below:
Total Basic R nt Payment Schedule
During Lease Term (Monthly/Annually - Commencing Date - $ per Period)
Annually Januarv 1, 1988 $175
LESSEE sh 11 make all payments of Basic Rent and Additional Rent
to LESSOR at he following address:
A ou n Division 600 Cit Hall Annex Saint Paul Minnesota 55102
The appli able account number for City Finance Accountinq Code is:
(5) Addi ional Rent. The LESSEE shall pay all Additional Rent.
Additional Re t means all amounts, other than Basic Rent provided for
in paraqraph above, which LESSEE is or may become obligated to pay
under this pa aqraph or other provisions of this Lease. Additional
Rent includes� but is not li�aited to, the followinq fees, costs and
expenses : (a) all utilities , includinq water , electric , qas ,
telephone, se age and qarbage collection and disposal; (b) costs for
the repairs , ' mprovements or alterations required to be made by the
LESSEE in pa agraph 12 of this Lease; (c) all taxes on realty or
personalty, eneral or special; . and (d) all public rates , dues ,
charges and assessments, general or special, of any kind upon the
Leased Premis s. In the event that LESSEE does not make such payments
(or any payme ts required to be paid as Additional Bent) , LESSOR may
I 2
' � • , , /�// /� /
make the pay ents at its option, and the payments so paid become
Additional R nt, and are due and payable by the LESSEE with the
payment of B sic Rent next required after written notice of same to
the LESSEE by LESSOR.
(6) Taxe . LESSBE shall be responsible for and pay all taxes and
assessments a ainst the Leased Premises, except that LESSEE may at its
own expense c ntest and challenqe the imposition or amount of any such
tax or assess ent in accordance with law; provided, however, that in
the event thi Lease is terminated by either party, LESSOR may at its
option requir the LESSEE to pay such contested taxes pendinq appeal,
to place in escrow a sum sufficient to pay said taxes, or take other
action which will remove said contested taxes as an encumbrance to
title (or as an exception to the transferability of marketable title
to the Leased Premises) .
(7) Righ of Entry,. At all times during the term of this lease ,
the LESSOR shall have the right, by itself, its agents and employees,
to enter into and upon the Leased Premises during reasonable business
hours for the purpose of examining and inspecting the same.
(8) LESS E'S Insurance. LESSEE shall maintain during the term of
this lease a d upon the leased premises certain insurance coverage
which is described as follows:
(a) W RRERS' COMPENSATION INSURANCE with coverage not
less than the statutory limits and EMPLOYERS
LI BILITY ZNSURANCE with limits of not less than:
� PER ACCIDENT
(b) COMPREHENSIVL GENERAL LIABILITY insurance including
bi nket contractual liability coverage and personal
liability coverage with a combined single limit of
no less than:
PER OCCURRENCE
Su h insurance shall (1) name the City of Saint Paul,
its elected and appointed officers , employees and
agents as additional insureds; (2) be primary with
respect to LESSOR'S insurance or self-insurance
program; (3) contain a standard cross liability
en orsement, (4) not exclude explosion, collapse and
un erqround property damage; and (5) be written on an
"0 currence" Form policy basis.
(c) PR PERTY INSUAANCE includinq fire, extended coverage
an all-risk insurance covering the demised premises
anld all property located therein belonginq to LESSOR
inj an amount equal to 90$ of the full replacement and
reconstruction cost of the property. The amount of
3
, � . � . . . �'v-1�5�
th deductible, if any, shall not exceed N/A $ of
full replaaemeat. The amount as indicated below is
t.he amount of coveraqe agreed to by the parties at
th inception of this Lease. Such policy shall be on
a replacement cost basis, with permission to replace
a any site. The amount of insurance shall be
increased to an amount equal to 90$ of the full
re lacement and reconstruction cost of the premises
on every annual anniversary date of this Lease.
W enever requested by LESSOR, LESSEE shall procure an
appraisal of the Leased Premises from an appraiser
approved by LESSOR, and the new appraisal amount
sh 11 then become the new basis for insurable value.
T e policy will be issued in the name of
LESSOR with loss payable to LESSOR and LESSEE as
th ir respective interests may appear.
A AMOUNT AGREED UPON COVERAGE
With respect to property losses not covered by
insurance, it shall be the responsibility of the
LESSEE to pay all costs to repair or replace the
• damaged property with like kind and within a
re sonable time. The LESSEE shall be responsible for
pa ment of the insurance policy deductible amount (as
stated in the Property Insurance policy for the
leased premises) to the LESSOR in the event of any
lo s covered or which would be covered by the policy.
(d) The policies required in this section shall name
LESSOR, and any persons, firms, or corporations
de ignated by LESSOR as an insured, and shall contain
a lause that the insurer cannot cancel or change the
insurance without first giving the LESSOR 30 days'
pr ' or written notice.
Th insurance shall be placed with responsible
insurance companies authorized and licensed to do
business in the State of Minnesota and approved by
LE SOR and copies of the policies shall be delivered
to LESSOR on the date of LESSOR'S execution of this
aqreement. The policies shall also indicate that
co erage shall not be invalid due to any act or
omission on the part of the LESSOR. If such policies
ar' not delivered to the LESSOR as provided, the
LE SOR may at its option terminate the Lease or place
th insurance itself and bill the LESSEE for the cost
of coveraqe as Additional Rent.
It is specifically understood and agreed that all of
th proceeds of such insurance policies shall belonq
to and be payable to the LESSOR, and that the LESSOR,
after application of such proceeds to the loss , may
4
� � � � . . �'v- ��5�
. �
a ply any remaining proceeds to a separate noninsured
1 ss of the LESSEE arising out of the use or
c ndition of the Leased Premises.
I for any reason any of the insurance hereunder is
v id, the LBSSEE is responsible to the LBSSOR for the
t tal amount of the uninsured loss.
(9) Can ellation or Termination. This lease shall be subject to
cancellatio and termination by LESSOR at any time durinq the term
hereof by g ving the LESSEE notice in writing at least ninety (90)
days , ( thir y (30) days for leases with a term of one (i) year or
less) in ad ance of the date when such termination shall become
effective. Z the event of such termination any unearned rental paid
by the LESSE shall be returned to LESSEE without interest.
(10) Notice. All notices herein provided to be given, or
which may b given by either party to the other , shall be deemed to
have been fully given when served personally on LESSOR or LESSEE, or
when made n writing and deposited in the United States Mail ,
certified a d postage prepaid, and addressed to the LESSEE at the
address sta ed on page 1 and to the LESSOR, at the Division of
Valuations, eal Estate Section, 218 City Hall, Saint Paul, Minnesota
55102. The a dress to which the notice shall be mailed may be changed
by written n tice ginen by either party to the other. Nothinq herein
shall precl de the giving of such address change notice by personal
sernice.
(11) Ass�nment and Sublettin�. LESSEE shall not assign or
sublet this lease without the written consent of the LESSOR, which
consent mus be obtained prior to the execution of any agreement to
sublease the Leased Premises.
(12) Malntenance and Repairs LESSEE shall, at its own cost and
expense, be esponsible for all repairs, maintenance and upkeep of the
Leased Premi es, including but not limited to emergency repairs of any
kind; routi e maintenance and repair to keep the Leased Premises in
good repair safe and in contpliance with applicable fire, health,
buil.ding and other Iife safety codes; and all repairs and maintenance
needed to ke p the buildings or structures on the Leased Premises in
qood conditi n, including (a) the exterior and interiar structure of
the buildin or structures , (b) the roof or roofs, (c) the heatinq,
ventilating and air conditioning systems therein, and (d) all
electrical, plumbing, lighting and mechanical systems ( includinq
windows) . T e foregoing obliqations shall bind the LESSEE regardless
of the cause of the damage or condition necessitating the repair or
maintenance. �
(13) Pa ments in Case of Default. LESSEE shall pay LESSOR all
costs and ex enses, including reasonable attorney's fees in any action
brought by L SSOR to recover any rent due and unpaid hereunder, or for
the breach o default of any of the covenants or aqreements contained
in this leas , or to reconer possession of said property, whether such
action progr sses to judgment or not.
5
. � . . ' �/U -l�s`�
I (14) Su render of Premises. The LESSBE, at the expiration of
said term, or any sooner termination of this lease, shall quit
peacefully and surrender possession of said property and its
appurtenance to LESSOR in as good order and condition as the property
was delivere to the LESSEE.
(I5) In emnity. The LESSEE agrees to indemnify, defend, save and
hold harmle s the City of Saint Paul and any agents, officers and
employees t ereof from all claims , demands , actions or causes of
action of wh tsoever nature or character, arisinq out of or by reason
of the Leas of the herein described premises by the LESSOR to the
LESSEE, or t e use or condition of the premises or as a result of the
operations o business activities taking place on the premises. It is
fully unders ood and agreed that LESSEE is aware of the conditions of
th� leased p emises and leases the same "as is".
(16) Ho d Over. Should the LESSEE hold over after the expiration
of the term of this Lease with the consent of the LESSOR, express or
implied, sai tenancy shall be deemed to be a tenancy only from month
to month, su ject otherwise to all of the terms and conditions of this
lease so far as applicable.
(17) Po lution and Contaminants. LESSEE agrees to comply with
all ordina ces , laws , rules and regulations enacted by any
governmenta body or agency relatinq to the control, abatement or
emission of ir and water contaminants and/or the disposal of refuse,
solid wastes or liquid wastes.
LESSEE shal bear all cost and expense arising from compliance with
said ordina ces, laws, rules , or regulations and shall indemnify,
defend, save and hold harmless LESSOR from all liability, including
without lim ' tation, fines, forfeitures, and penalties arisinq in
connection w ' th the failure by LESSEE to comply with such ordinances,
laws, rules or regulations. LESSOR has the right to perform cleanup
and charge t e LESSEE for such costs should the LESSEE fail to comply.
(18) Co trollin Lease. In the enent there is any prior existing
lease or r ntal aqreement between LESSEE and LESSOR (or its
predecessor n interest) coverinq the subject property, it is aqreed
and underst od that this Lease shall cancel and terminate any prior
leases or re tal aqreements as of the effective date of this lease.
(19) De truction. In the event of damage to or destruction of
the Leased P emises or in the event the premises becomes untenable or
unfit for oc upancy due to such damage during the term of this Lease,
LESSOR may at its option terminate the lease upon fifteen (15) days
written noti e to LESSEE; or within fifteen (15) days agree to restore
the premise within a specified time period following the casualty,
charging the costs in excess of the insurance proceeds, if any, to the
LESSEE as Ad itional Rent; or may direct that LESSEE promptly restore
the Leased Premises to substantially the condition existing
im mediately rior to such damage or destruction, and for that purpose,
if such dama e or destruction wa� caused by perils insured against the
6
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LESSOR shall make available to LESSEE pro rata, as work progresses ,
the net proc eds of such insurance. If such proceeds are insufficient
to pay the entire cost thereof, LESSEE aqrees to pay as Additional
Reat, a lum sum payment (or in a form agreed upon by the LBSSOR)
equal to t e remainder of such cost. The Basic Rents to be paid
durinq the r storation period shall be abated in proportion to the
percentage o loss and impairment of the use of the Leased Premises as
determined y the LESSOR, times the number of days of loss or
impairment.
(20) Ev nts of Default. Any of the following events occurr ing
during the t rm of this lease shall constitute an event of default by
the LESSEE:
(a) t e filing of a petition to have LESSEE adjudicated
b nkrupt or a petition for reorganization or arrangement
u der any laws of the United States relating to bankruptcy
f ' led by LESSEE;
(b) i the event a petition to have LESSEE adjudicated bankrupt
i filed against LESSEE, the failure to dismiss such
p tition within ninety (90) days from the date of such
f ' ling;
(c) t e assets of LESSEE or of the business conducted by LESSEE
o the Leased Premises be assumed by any trustee or other
p rson pursuant to any judicial proceedings;
(d) L SSEE makes any assignment for the benefit of creditors;
(e) t e failure by LESSEE to timely pay Basic Rent or
A ditional Rent as required by this Lease;
(f) t e failure by L�SSEE to observe and perform any covenant,
c ndition or agreement on its part to be observed or
p rformed as required by this Lease; or
(g) t e failure by LESSE$ or its surety to discharge, satisfy
o release any lien or lien statement filed or recorded
a ainst the Leased Premises within 60 days after the date
o such filinq or recording, whichever date is earlier .
It is an ex ress covenant and aqreement of LESSOR and LESSES that
LESSOR �aay, t its election, terminate this Lease in the event of the
occurrence f any of the events described in this paragraph or in
garagraph 23 relating to liens by giving not less than ten (10) days'
written noti e to LESSBE; and when so terminated, LESSOR may reenter
the Leased P emises. This Lease and its Leased Premises shall not be
treated as n asset of LESSEE'S estate. It is further expressly
understood a d aqreed that LESSOR shall be entitled upon such reentry,
notwithstan ing any other pronision of this Lease, to exercise such
rights and remedies as are provided in Default Remedies Section of
this Lease.
7
. . l'�-1��5�
(21) Com liance with Laws. The property described herein may be
used for on y the purposes stated herein. It is the sole and
exclusive re ponsibility of the LESSEE in the use of the property to
comply with ny and all laws, rules, requlations or ordinances imposed
hy any juri diction affecting the use to which the property is ---
proposed to e put. Inability or failure on the part of the LESSEE to
comply with ny of said laws , rules, regulations or ordinances will
not relieve he LESSEE of the obliqation to pay the rental provided
herein.
(22) Non Discrimination. The LESSEE for himself, his personal
representatives, successors in interest,and assigns, as a part of the
consideration hereof , does hereby covenant and aqree , as a covenant
running with the land, that (1) no person, on the ground of race, sex,
color , creed, religion, age, disability, marital status, status with
respect to p blic assistance, or national origin or ancestry shall be
excluded from participation in, be denied the benefits of, or be
otherwise su jected to discrimination in the use of said facilities,
(2) that in c nnection with the construction of any improvements on
said lands a d the furnishing of services thereon, no discrimination
shall be pra ticed 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, (3) that such discrimination
shall not be practiced against the public in their access in and use
of the facil ' ties and services provided for as public accommodations
(such as ea ing , sleepinq, rest, and recreation) constructed or
operated on t e Leased Premises, and (4) that the LESSEE shall use the
premises in c mpliance with all other requirements imposed pursuant to
the St. Paul egislative Code Chapter 183.
(23) Lie s. The LESSEE shall not permit mechanic's liens or other
liens to be filed or established or to remain against the Leased
Premises for labor, materials or services furnished in connection with
any additions , modifications , improvements , repairs, renewals or
replacements made to the Leased Premises , or for any other reason,
provided tha 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
iaoney or a b nd or irrevocable letter of credit acceptable to the
LESSOR equal to the amount of the claim of lien, LESSEE may in good
faith contes any such claims or mechanic's or other liens filed or
established a d in such event may permit the items contested to remain
undischarged nd unsatisfied during the period of such contest. If, in
the opinion f the LESSOR, the nonpayment of any such items subjects
the Leased Pr mises to any loss or forfeiture, the LESSOR may require
the LESSEE t 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 charqe the LESSEE as Additional Rent.
(24) Emi ent Domain. In the event the entire Leased Premises
are taken by minent domain, or such portion thereof is so taken that
in LESSEE'S easonable judgement it is uneconomic thereafter to
restore the L ased Premises and proceed under the terms and provisions
8
;� � � � . . ��- � ys�
of this Leas � , LESSEE may terminate this Lease by qiving to LESSOR
thirty (30) d ys' Kritten notice of termination, effective as of the
date on whi h the condemninq authority acquires leqal title or
physical poss ssion of the Leased Premises. LESSBE hereby waives and
releases any claim to or share in the Award of Compensation for the
taking, notw thstanding anp other provision of Iaw , this Lease or
another agree ent. LESSEE may to the extent otherwise permitted in the
eminent doma n proceeding , remove its own trade fixtures at its own
expense.
(25) Def ult Remedies. In the event an Event of Default occurs
under paraqra h 20 of this Lease, LESSOR may exercise any one or more
of the follow ng remedies:
(a) re nter and take possession of the Premises without
te mination of this Lease, and use its best efforts to
le se the Premises to, or enter into an agreement with,
an ther person for the account of LESSEE;
(b) te minate this lease, exclude LESSEE from possession of the
Pr mises , and use its best efforts to lease the Premises
to or enter into an agreement with another in accordance
wi h applicable law;
(c) ex lude LESSEE from possession of the Premises , with or
wi hout terminating this lease and operate the Premises
it elf;
(d) te minate the Lease, exclude LESSEE from possession of the
Pr mises, sell all or any part of the Premises at the best
pr ce obtainable (provided such sale is permitted by
ap licable law) , such sale to be on such terms and
co ditions as the LESSOR, in its sole discretion, shall
de ermine and apply the proceeds of such sale less any
ex enses thereof for the account of the LESSEE.
(e) ex rcise any remedies anailable to it under the Minnesota
IIn form Commerical Code;
(f) ta e whatever action at law or in equity may appear
ne essary or appropriate to collect the Basic Rent and
Ad itional Rent then due and thereafter to become due, or
to enforce performance and observance of any obliqation,
aq eement or covenant of the LESSEE under this Lease.
(q) in exercising any of its remedies set forth in this
Se tion, the LESSOR may, whether or not the Lease is then
in effect, hold the LESSEE liable for the difference
be ween the payments and other costs for which the LESSEE
is resgonsible under this Lease.
(h) no remedy herein conferred upon or reserved to LESSOR is
in ended to be exclusive of any other anailable remedy or
I 9
. . . �n-/�7
re edies , but each and every such remedy shal]. be
cu ulative and shall be in addition to every other remedy
gi�en under this Iease or now or thereaf ter existing at law
or in equity by statute. Na delay or omission to exercise
an right or power accruing apoa any default shall impair
an such riqht or power or sha11 be construed to be a
waiver thereof , but any such riqht and power may be
ex rcised from time to time and as often as may be deemed
ex edient. In order to entitle the LESSOR to exercise any
re edy reserved to it on this Provision, it shall not be
ne essary to give any notice, other than such notice as may
be herein expressly required.
( 26) Am nded. Anything herein contained to the contrary
notwithstandi g, this lease may be terminated, and the provisions of
this Lease m y be, in writing , amended by mutual consent of the
parties herei .
10
. . . . � . . �'�-1�f��
� .
THE FOLLOWI G SPACE BELOW IS PROVID$D FOR ANY ADDITIONAL
PROVISIONS OR REQQIREMENTS .
II�
� 11
. , y��-��g�
; .
IN WITN SS WHEREOF, the partfes hereto have set their hands and
seals the day and year in this Lease first above written.
LESSOR — CITY OF SAINT PAIIL
• ..
i
MAYOR
� �
CITY CLERR
�
DIRECT OF FINAN E AND �
� • ., MANAGE NT SERVICES � \
�� � �
� G i��C-� . ; �"�,�
r �
DEPARTMENT DI EC
• `�/`
l
CITY ATTOR EY (FORM APPROVAL)
����sn3as�����=a�s�=asx====�=�=a=�==an�m=3z=�xsma�:a:s�a�mssa=a3�===�
LESSEE
I
I
ITS
ITS
Revised 4/1 /86
(LEASE)
II
I 12
� . . . �j� -1�s�
LESSOR NOTARY
STATE OF MINN SOTA )
) ss.
COUNTY OF RAM EY )
The_,_�oreg ing instru e t was acknowledged before me this
����+t. d , 19� 8 , b Y.Lee �i� Tu r�/Sin
r���yor of th� of Saint Paul, a municipal
corporation o the State of Minnesota, on behalf of said City of
Saint Paul .
y.�nn�rnn�r �'
_�'�`�,. 8AZ8 A J. Zl15AN
��°:��'-';'`,� Paor::�Y PU LIC—fWIN+vE50TA s ��
;��,��,;�;:• P�1H eY CCllf.'TY �
�;, itYCC�A• tR���t►Y3,i990 � Notary Public
S�iT�AVlNVWVV� 1M/'y
The for going inst u>ment was acknowledged before me
t h i s � d a o f_ ��z-G[-��;..l1�`�"_._._____—____, 19 �S� , by
--�----- y �-
Albert Olson , City Clerk of the Cit� of Saint Paul , a municipal
corporation o the State of Minnesota, on behalf of said City of
Saint Paul .
�e,�-
.:;::��w�.. TRl1�Y t�. !-i�C�Z�L
;� �l4e+m n0?r?F`.•?:: ! _ —i,t',i,�.3S07;� :.
`t9l� �� F.;�:±�S31 .'1����:'�TY s'
'a��•r ° Notar Public
��y. tvly Commi��+o c�cpires Oct.15, t990 Y
The foregoing instr ment was acknowledged before m� this
�� d y o � , 19�_.
�
by ,� _� _ _______, Director of Finance and
Manag�t Services of the City of Saint Paul, a municipal
corporation o the State of Minnesota, on behalf of said City of
Saint Paul. '
�����
�� Nota P lic
. :�r:.,:.,;
:`��\'� ' � -�-....
,' �, � , LESSES NOTARY
'. STATE OF 'NfINN SOTA )
) ss .
COUNTX .�F RAM EY )
�Ii �.
The ��.jor goinq instrument was a knowledged before me this
� �S d a y o f __�P_S'c�lzi?��i�--------' Z 9��_.
by �os r
its
/
Notary ublic �eG1,.fg ,asy
��, �.�.��, .�xlo�'�e� �d/�/ S
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