90-1961 Return cop� to: � � � � !\� � � ;- uncil File � -
(JO) (StRau�A�e) , � ��� �a�
Real Estate Divisi n �--� Green Sheet � � ,y
218 City Hall RESOLUTION
ITY F SAINT PAUL, MINNESOTA
Presented By � 1/`f,� -
Referred To Committee: Date
WHER AS for the purpos of planting flower gardens , the
District 5 ommunity Council has requested the use of a strip of
vacant la d n the southeast corner of Edgcumbe Road and St. Paul
Avenue ad ' ac nt to Fire Station #19, consisting of 12,616 square
feet of u de eloped street right-of-way; and .
WHER AS the Department of Public Works has agreed to lease
the prope ty to the District 15 Community Council for $1 .00 for
five year , nd
WHEREAS , Fire Station #19 has agreed to provide water ,
hoses, an o her tools required to maintain the proposed gardens.
NOW HE EFORE BE IT RESOLVED, that the proper City officials
are here y uthorized and directed to � execute Lease Agreement
PW/44.
e s Navs Absent Requeeted by Department of:
rron
sw z
Finance & Ma_na$ement Services
acca e �
e m �
une
Sy: �.�----�irector �
-�— � \�\�
Adopted by Council: ate
NOV 13 1990 Forn► Approved by City Attorney ��
Adoption rt,�ifi by Council Secretary gy:
�o -�r- 'a
By� - A proved by Mayor fdr Submission to
Approved by Mayor: ate //�; �,a _ � 3 �`�ncil , l
\ . B� �t?����"L�� .
By: _.� _ �� y� �
pUBl1S�l�tl N 0 V 1 '7 i 9 9 0
RECEIVED ��CID"l�(��
DEPARTMENT/OFFICFJCOUN IL DATE INITIATED T 2 6 199QV� _1 U 7 8 5
Finance & r�na eme se vices 10/19/1990 G R E E N S H E
INITIAUDAT INITIAWATE
CONTACT PERSON&PHONE �DEPARTMENT DIRECTOR IL
ASSIGN CITYATTORNEY ���
Dave Nelson 98- 317 NUMBER FOR �
MUST BE ON COUNCIL AOENDA BY( ) ROUTINO �BUDGET DIRECTOR �FIN.8 MQT.SERVICfS DIR.
ORDER �MAYOR(OR A3SISTAWn �
TOTAL#OF SIGNATURE P S 1 (CLIP ALL LOCATIONS FOR SICiNATURE)
ACTION REQUE3TED:
To lease to Distri 15 Community Council 12,616 square feet of u improved street right-of-
way on the southea co ner of Edgcumbe Road and Saint Paul Aven ad3acent to Fire Station
��19 for five years, fro November 1, 1990 through October 31, 199 , for the purpose of
lantin flower a ens Ref: 1. Resolution for consideration• 2. Sam le co f e
RECOMMENDATIONS:Approve(A)or (R) PERSONAL SERVICE CONTRACT8 MUST ANSW R THE FOLLOWING�UESTIONS:
_ PIANNING COMMISSION CIVIL ERVICE�ION �• Has this person/firm ever worked under a contra for this department?
_CIB COMMITTEE C� YES NO
2. Has this person/firm ever been a city employee?!
_STAFF YES NO
_DISTRiCT COURT 3. Does this person/firm possess a skill not normall possessed by any current city employee?
SUPPORTS WHICH COUNCIL �}1„ /C 1. • � YES NO
�� ���FD�R Explsin all yss answsrs on separate sheet and I ach to greso sheet
£�! �F FC
INITIATING PROBLEM,ISSUE,OPPO NITY( ho, , h4c �c y):
Jc��/ �
C£v
Linn Ward, on beha o the District 15 Community Council, expre sed to the Real Estate
Division a desire im rove the appearance of the neighborhood b planting flower gardens
in the afore-menti ed nimproved right-of-way.
ADVANTAOESIFAPPROVED:
District 15 Commu y ouncil will improve the appearance of the neighborhood.
DISADVANTAGES IF APPROVED:
N/A
DI3ADVANTAOE3 IF NOT APPROVED:
Flowers will not e pl ted. RECEIVED `, �`��'�� . J-�`�'T`�� �`'�''`,�`�
1�0519A0 �� � � -� �,J��
C1TY CLERK
TOTAL AMOUNT OF TRANSAC s .OO COST/REVENUE BUDOETED IRCLE ONE) YES NO
FUNDING SOURCE ACTIVITY NUMBER •
FINANCIAL INFORMATION:(EXPlA1N)
�� �u
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 rypes of documents:
CONTRACTS(assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept. Grants)
1. Outside Agency 1. Department Director
2. Department Director 2. City Attorney
3. City 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. Ciry Clerk
6. Chief Acxountant, Finance and Management Services _
ADMINISTRATIVE ORDERS(ail others)
1. Department Director
2. City Attomey
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 these pages.
ACTION REQUESTED
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 project/request 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 city's liability for workers compensation claims,taxes and proper civil service hiring rules.
INITIATING PROBLEM, ISSUE,OPPORTUNITY
Explain 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 wiil benefit from this projecVaction.
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 APPROVED
What will be the negative consequences if the promised action is nat
approved?Inability to deliver service?Continued higM 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?
� � . . �qa ����r
CITY OF SAINT PAUL
REAL PROPERTY AGREEMENT
(pw44) Revi ed 7/18/90
Authority (C F. or A.O. � CTT1' p�,
4� �
LEASE NO. � �''
, . o o a
FINANCE DEPT. ,�: ASE NCf:�� � a �IUII IIIU b
PW 44 � � �1Ii 111II �
� '�R" �� ~a
DATE: s 4 October 19 1990 'ass
, M1���.y
n �;�. %�
LESSOR:� � C Y OF SA PAUL
i �4
r
DEPARTME O °' IC W RS CITY OF SAINT PAUL
���, �.� �
==,1:: REAL ESTATE
LESSEE: ISTRI 15 C I OIINC �F
xr ` � L SE AGREEMENT
7 9 �►`C le an�A ue S F��"
F
t �!'
Saint Paul Minne �ota �`' 1 �� '`M
. . ..: .,...1.'::� {k� .
,.fi t
(1) L se Premises. The LESSO in co `er�tion of e pa�
of the Basic Re t and Additional Rent here' r �pecifie o be paic�`�
by the LESSE , nd the covenants and agree��t ' he�ein co �d, does
hereby lea� , emise and let� unto LESSEE t gre�is ' hereinafter
referred to s he "Leased Premises, " consistin of 12`�, � quare feet,
more or less o vacant land located on teh south t ne�of Edgcwnbe
Road and Sai t aul Avenue, which is legally desc as::�
,�
�� �:�
Subj ct to alley, all that part of vacated Worc2i�t� Street
accr in Lots 10 and 11, Block 6, Granport Additon �� the City
of S in Paul.
See Exhibit 'A" plan or map of leased area which is incorporated herein
by this refe en e.
(2) T m f Lease. This lease shall be in effect for a term
commencing '� nd ending on the dates indicated below, unless terminated
earlier by t e ESSOR as provided herein.
Term (Mont s/Y ars) Commencing Date Ending Date
5 ears November 1, 1990 ; October 31, 1995
1
, �yn 19�1
(3) Qse f emises. The LESSEE shall use and 'occupy the Leased
Premises for the following purpose:
Flower Garden
and for no the purpose without the prior written ' consent of LESSOR.
(4) Rent. Rent shall consist of Basic Rent aond such Additional
Rent as may apply. LESSEE shall pay all rent in advance, on the
first day o t e term of the lease as indicated in the Payment
Schedule bel w:
(a) 3asic ent
Total Basic en
Du ing Lease Term Commencing Date
$1. 00 September 21, 1990
(b) Add ' ti nal Rent. ihe LESSE� shall pay all Additional Rent .
Additional R nt rneans all amounts, other than 3asic Rent provided for
in paragraph (4 (a) above, which LESSEE sha11 be obligated to pay
under this o ra raph or other provisions of this Lease. Additional
Rent include , ut is not limited to , the following fees, costs and
expenses: (1 osts for the
repairs , imp ov ments or alterations required to be made by the LESSEE
in paragraph 11 of this Lease; (2) all taxes on realty or oersonalty,
general or s ec al; and (3) all public rates , dues , charges and as-
sessments , g ne al or special , of any kind upon th'e Leased Premises.
In the event th t LESSEE does not make such Qayments (or any payments
required to e aid as Additional Rent) , LESSOR may make the payments
at its optio , nd the payments so paid become Additional Rent, and
are due and ay ble by the LESSEE with the payrnent ! of Basic Rent next
required aft r ritten notice of same to the LESSEE by LESSOR.
LESSEE shall ma e all Dayments of Basic Rent and Additional Rent to
LESSOR at th f llowing address:
Cit of S in Paul, De t. of Public Works, Div. of Ri hts-of-Wa
6th Floor , t Hall Annex , 25 W. 4th St. , St. Paul, Minnesota 55102
(5) Taz s. LESSEE shall be responsible for and pay all taxes and
assessments ga ' nst the Leased Premises, except that LESSEE may at its
own expense on est and challenge the imposition or! amount of any;,.�uch
tax or asse� me t as prescribed by law; provided, h�wever, that in the
event this ea e is terminated by either party, LESSOR may at its
option requ�. e he LESSEE to pay such contested taxes vending appeal ,
to place in sc ow a sum sufficient to pay said t�xes, or take other
action which will remove said contested taxes as an encumbrance to
title or as n xception to the transferability of marketable title to
the Leased P em ses .
2
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(6) Ri t f Entr . At all times during the term of this lease,
the LESSOR s al have the right, by itself, its ag�nts and employees,
to enter int a d upon the Leased Premises during reasonable business
hours to exa in and inspect the same.
(7j Insuran e. LESSEE and LESSOR shall maintain during the term
of this leas a d upon the Leased Premrses certain insurance coverage
which is des ri ed as follows:
(a) WO KE S ' COMPENSATION INSURANCE in compliance with the laws
of th State of �Iinnesota; and EMPLOYERS ' LIABILITY INSUR-
AN E n an amount not less than $108,4100 per accident and
wi h n all states endorsement.
(b) COSPR HENSIVE GENERAL LIABILITY INSUR�NC� including blanket
co tr ctual liability coverage, personal injury liability
co er ge and broad form property damage liability endorse-
me t - ith a combined single limit of not less than $6Qfd, 0fd
pe o currence shall be purchased by the LESSEE. Such insur--
an e hall : (1) name the City of Saint Paul as additional
in ur d; (2) be primary with respect to LESSOR' S insurance;
(3 n t exclude explosion, collapse and u�nderground property
da ag ; (4) be written on an "Occurrence" Form policy basis;
an {S) not contain an "aggregate" policy limit unless
sp ci ically approved in writing by LESSOR.
(c) Th L SSEE shall supply to LESSOR current insurance certifi-
. ca es for policies requir�d in Paragraph (7) . The said
ce ti icates shall certify whether or ' not the agent has
er or and omissions insurance coverage.
(d) Th limits cited under each insurance requirement above
es ab ish minimums; and it is the sole responsibility of the
LE SE to purchase and maintain additianal insurance that
ma b necessary in relation to this leasie.
(e) vo hi g in this contract s�all constitute a waiver by the
LE SO of any statutory limits or exceptions on li:ability.
(f) LE SE shall place the insurance with responsible insurance
co pa ies authorized and licensed to do business in the
St te of Minnesota and approved by LESSOR, and shall dat#'trer
co ie of the policies to LESSOR on the date of LESSOR' S
ex cu ion of this agreement. The policies required in para-
gx ph (7) shall be endorsed to indica�e that the insurer
ca no cancel or change the insurance without first giving
th L SSOR 30 days ' written notice.
3
��. - . (�--,�-ya_i9��
.
(8) Can el ation or Termination. This lease shall be subject to
cancellation an termination by LESSOR at any time during the term
hereof by g vi g the LESSEE notice in writing at ninety (9�) days,
(thirty (3�} da s for leases with a term of one (1) year or less or
any month-to mo th tenancies) prior to the date when such termination
shall becom e fective. In the event of such t�rmination , LESSOR
shall return an unearned rental paid by the LESSEE without interest.
(9) No ic . All notices herein provided to be given, or which
may be give b either party to the other, shall be deemed to have
been fully iven when served personally on LESSOR or LESSEE, or when
made in writ ' ng and deposited in the United States yail, certified and
postage prep id, and address2d to the LESSEE at the address stated on
page (1) and to the LESSOR at tne Division of Valuations , Real Estate
Section, 218 Ci y Hall , Saint Paul, Minnesota 55102 . The address to
which the n ti e shall be mailed may be changed by written notice
given by eit er party to the other. Notning hereih shall preclude the
giving of su h ddress change notice by personal service.
(10) Assi ent and Sublettin . LESSEE shall not assign or sublet
this Lease it out the written consent of the LESSOR, which consent
must be obt in d Drior to the execution of any agreement to subleasz
the Leased Prem' ses.
(11) M int nance and Re airs. The LESSEE shall, at its own cost
and expense, be responsible for all repairs, maintenance and upkeep of
trees , shru ber and flower gardens which it has planted or caused to
be planted nd all pathways which it has constructed or caused to be
constructed. uch repairs, maintenance and upkeep shall include but
shall not b 1 'mited to emergency repairs of any kind; routine maint-
enance and ep ir to keep the plantings and pathways in good repair ,
safe and in co pliance with applicable fire, he�alth, building and
other life- af ty codes. The LESSOR shall be responsible for mowing
. and otherwise aintaining the grass and for snow removal from, and
other main� na ce of any sidewalks on or abutting the Leased Premises.
(12) Pa e ts in Case of Default. LESSEE sha�.l pay LESSOR all
costs and e pe ses, including reasonable attorney's fees in any action
brought by ESS R to recover any rent due and unpaid hereunder, or for
the breach r efault of any of the covenants or �greements contained
in this Lea e, or to recover possession of said property, whethe�s�"uch
action prog es es to judgment or not.
(13) $ rr nder of Ptemises. The LESSEE, at the expiration of
said term, or any sooner termination of this lease, shall quit
peacefully a d surrender possession of said property and its
appurtenan� s o LESSOR in as good order and condition as the property
was delivez d o the LESSEE .
4
. . . . ��y°Jl��j
(14) Ind mn t . The LESSEE aqsees to indemnify, defend, save and
hold harmless he City of Saint Paul and any agents, officers and
employees t er of from all claims , demands , actions or causes of
action of wh ts ever nature or character, arising �ut of or by reason
of the Leas o the herein described premises by the LESSOR to the
LESSEE, or t e se or condition of the premises or as a result of the
operations o b siness activities taking place on the premises. It is
fully unders oo and agreed that LESSEE is aware of the conditions of
the Leased P em ses and leases the same "as is. "
(15) Hol ov r. Any holdover after the expiration of the t2rrn
of this Leas s all be allowed only after receiving the written consent
of the LESSO . Said tenancy shall be deemed to be a t2nancy only fzom
month-to-mon h.. All other t�rms and conditions of this Lease shall be
apolicable.
(16] Pp lu ion and Contaminants. LESSEE a r�es to com 1 with
5 A Y
all ordin� ces , laws , rules and regulations enacted by any
governmenta b dy or agency relating to the control , abatement or
emission o� ai and water contaminants and the disoosal of refuse,
solid wasts o liquid wastes . LESSEL shall bear all costs and
expenses ar'i in from compliance with said ordinandes, laws, rules, or
regulations nd shall indemnify, defend, save and hold harmless LESSOR
from all lia il ' ty, including without limitation, fines, forfeitures ,
and oenalties arising from the failure by LESSEE to comply with such
ordinances , la s , rules or regulations . LESSOR has the right to
perform cle nu and charge the LESSEE as Additional Rent for such
costs should th LESSEE fail to comply.
(17) Co trollin Lease. In the event ther� is any prior existing
lease or r ntal agr2ement between LESSEE and LESSOR ( or its
predecessor in interest) covering the subject property, it is agreed
and underst od that this Lease shall cancel and terminate any prior
leases or re ta agreements as of the effective date of this lease.
(18) De tr ction. In the event of damage to or destruction of
the Leased remises or in the event the premises becomes untenantable
or unfit fo cupancy due to such damage during the term of this
Lease, LES�S R may at its option:
(a) termi ate the lease upon fifteen (15) d�ys ' written n t ce
to LE SEE; or
(b) urithin fifteen (15 ) days agree to restore the premises
within a reasonable time period following the casualty,
ch rg 'ng the costs in excess of the insurance proceeds, if
an , o the LESSEE as Additional Rent; or
�
�,�f0/��l
(c) ma d rect that LESSEE promptly restore the Leased Premises
to su stantially the condition existing immediately prior to
su h amage or destruction, and for that purpose, if such
da ag or destruction was caused by perils insured against
tri L SSOR shall make available to LESSE� pro-rata, as work
pr gr sses , the net proceeds of such ir�surance. If such
pr ce ds are insufficient to pay the entire cost thereof,
LE SE agrees to pay as Additional Rent, a lump sum payment
(o i a form agreed upon by the LESSOR) equal to the
re ai der of such cost.
The Basic R nt to be paid during the restoration period shall be
abated in pr po tion to the percentage of loss and impairment of the
use of the ea ed Premises as determined by the LESSOR, times the
number of da s f loss or impairment.
(19) Eve ts of Default. Any of the following events occurring
during the t rm of this Lease shall constitut� an event of default by
the LESSEu:
(a) th iling of a petition to have LESSEE adjudicated
ba kr pt or a petition for reorganiza�ion or arrangement
un er any laws of the Jnit�d States rel�ting to bankruptcy
f i ed by LESSEE;
�
(b) in th event a petition to have LESSEE a�judicated bankrupt
is filed against LESSEE , the failur� to dismiss such
pe it ' on within ninety (9B) days from the date of such
fi in ;
(c) th a sets of LESSEE or of the business conducted by LESSEE
� on th Leased Premises be assumed by any trustee or other
pe so pursuant to any judicial proceedings;
(d) LE SE makes any assignment for the benefit of creditors;
(e) th f ilure by LESSEE to timely pay Basic Rent or Additional
Re t s required by this Lease;
(f) th f ilure by LESSEE to observe and pezform any covenant,
co dition or agreement o❑ its part to be observedr,or
pe fo med as required by this Lease; or `
(g) th f ilure by LESSEE or its surety to di�scharge, satisfy or
re ea e any lien or lien statement filed 'or recorded against
th L ased Premises within sixty days aft'er the date of such
fi in or recording, whichever date is earlier.
6
� � �yo-���l
It is an ex re s covenant and agreement of LESSOR and LESSEE that
LESSOR may, t ts election, ter:ninate this Lease in the event of the
occurrence of ny of the events described in this paragraph or in
paragraph (2 ) relating to liens by giving • not less than ten days '
written noti e o LESSEE; and when so terminated, LESSOR may reenter
the Leased P em ses. This Lease and its Leased Premises shall not be
treat2d as n sset of LESSEE ' S estate. It is: further expressly
understood a d greed that LESSOR shall be entitled; upon such reentry,
notwithstand ng any other orovision of this Lease�, to exercise such
rights and re edies as are provided in Paragraph '(24) of this Lease.
(2B) Co 1 'ance with Laws. The prooerty desc�ibed herein may be
used for o ly the purposes stated herein . It is the sole and
exclusive re po sibility of the LESSEE in the use of the property to
comply with 11 laws , rules , regulations or ordinances imposed by any
jurisdiction af ecting the use to which the property is pr000sed t�o be
put . Inability or failure by the LESSEE to comply with any of said
laws , rules , re ulations or ordinances will not relieve the LESSEE of
the obligati n o pay the rental provided herein.
(21) No --D scrimination. The LESSEE for hi�nself, his personal
representati es successors in interest and assigns, as a part of the
consideratio h reof, does hereby covenant and agree, as a covenant
running with th land, that
(a) no p rson , on the ground of race , 9ex , color creed ,
re igion , age, disability, marital stiatus , status with
re pe t to public assistance or national origin or ancesCry
sh 11 be excluded from participating in , be denied the
be ef ts of or be otherwise subjected to discrimination in
th u e of said facilities;
(b) th t n connection with the construction of any improvements
on said lands and the furnishing of services thereon, no
� di crimination shall be practiced in the selection of
em lo ees and contractors, by contractors in the selection
an retention of first-tier subcontractors, and by first-
ti r subcontractors in the selection and retention of
se on -tier subcontractors;
(c) th t uch discrimination shall not 'Ae practiced against the
pu li in it access in and use of the facilities and ser-
vi es provided for as public accammodations (such as eating,
sl ep ng, rest and recreation) constructed or operat� on
th L ased Premises; and
(d) t� t the LESSEE shall use the premises in compliance with
al other requirements imposed pursuant , to the Saint Paul
Le is ative Code Chapter 183.
7
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.
(22) Li� s. The LESSEE shall not permit �echanic's liens or
other liens o e filed or established or to remain against the Leased
Premises for la or, materials or services furnished in connection with
any additio s , modifications , improvements , r�pairs , renewals or
replacements ma e to the Leased Premises, or for any other reason,
provided th t f the LESSEE shall first notify the LESSOR of its
intention to do so and shall deposit in escrow with the LESSOR a sum
of money or a ond or irrevocable letter of credi� acceptable to the
LESSOR equal to the amount of the claim of lien, 'LESSEE may in good
faith contes a y such claims or mechanic ' s or ot�er liens filed or
established nd in such event may �ermit the items contested to remain
undischarged an unsatisfied durinq the period of such contest. If,
in the ooinion of the LESSOR , the nonpayment of any such items
subjects the Le sed Premises to any loss or forfeiture, the LESSOR may
require the ES EE to use the escrow account to promptly pay all such
unpaid items an if LESSEE fails to pay from the escrow account, the
LESSOR may p y nd charge the LESSEE as Additional Rent.
(23) Emi en Domain. In the event the entire Leased Premises
are taken by em' nent domain, or such portion thereof is so taken that
in LESSEE ' S r asonable judgement it is uneconomic ther2after to
restore the ea ed Premises and proceed under the terms and provisions
of this Lea e, LESSEE may terminate this Lease by giving to LESSOR
thirty days ' written notice of termination, effect'ive as of the date
on which th c ndemning authority acquires legall title or physical
possession o t e Leased Premises. LESSEE hereby aives and releases
any ciaim t o share in the Award of Compensati�on for the taking,
notwithstand ng any other provision of law, this I,Lease or any other
agreement . LESSEE may to the extent otherwisel permitted ia the
eminent domain proceeding , remove its own trade fixtures at its own
expense.
(24) De au t Remedies. In the event an Event of �efault occurs
under paragr ph (19) of this Lease, LESSOR may exercise any one or
more of the ol owing remedies:
(a) reen er 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 th r person for the account of LESSEE;
(b) te mi ate this lease, exclude LESSEE from possession of
th P emises, and use its best efforts to lease the Pre��'ses
to or enter into an agreement with ancther in accordance
wi h pplicable law;
(c) ex lude LESSEE from possession of the Premises , with or
wi hout terminating this Lease and operate the Premises
it el ;
8
Y � . ��a -,���
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(d) te mi ate the Lease, exclude LESSEE from possession of the
Pr mi es, sell all or any part of the Premises at the best
pric obtainable (provided such sale is permitted by
appl ' cable law , ) such sale to be on such terms and
co ditions as the LESSOR , in its sole discretion, shall
de er ine and apply the proceeds of such sale less any
ex en es thereof for the account of the LESSEE.
(e) ex re se any remedies available to it under the Minnesota
Unifo m Commercial Code; '
• (f) take whatever action at law or in �quity may appear
ne essary or appropriate to collect the Basic Rent and
Ad it ' onal Rent then due and thereafter to become due, or to
en or e oerformance and observance of any obligation,
ag ee ent or covenant of the LESSEE under this Lease.
(g) in ex rcising any of its remedies set for,th in this Section,
th L SSOR may, whether or not the Lease' is then in effect,
hold the LESSEE liable for the difference between the
pa me ts and oth�r costs for which the L�SSEE is responsible
un er this Leas2.
No remedy h rein conferred upon or reserved to LESSOR is intended to
be exclusive of any other available remedy or remed,ies, but each such
remedy shal b cumulative and shall be in addit'ion to every other
remedy given un er this Lease or now or thereafter existing at law or
in equity by st tute. No delay or omission to exercise any such right
or power ac ru ng upon any default shall impair any such right or
power or shall e construed to be a waiver thereof , but any such right
and power rn y e exercised from time to time and as often as may be
deemed expe ie t . In order to entitle the LESSQR to exercise any
remedy reser ed to it in this Provision, it shall 'not be necessary to
give any no ic , other than such notice as may be 'nerein expressly
required.
(25) A1 er tions. The LESSEE will not makz anyj alterations to the
premises wi ho t the written consent of the LESSO�, such consent not
to be unrea on bly withheld. If the LESSEE desires to make any such
alterations , an accurate description shall first be submitted to and
approved by the 'LESSOR and such alterations shall be done by the
LESSEE at i s o n expense. All such work shall be performed under the
LESSOR' S su ervision and any improvements made to the Leased Premises
at the LESS E' S expense shall become the property qf the LESSOR at�the
end of the ea e period. LESSEE agrees that all lalterations wi`11 be
done in a or manlike manner and in conformanCe with applicable
building ca es, that the structural integrity and building systems of
the buildim w 11 not be impaired, and that no liens will attach to
the premises by reason tnereof.
9
. . . . �,,�ya"����
(26) Am nd d . Anything herein contained to the contrary
notwithstand ng this Lease may be terminated, and the provisions of
this Lease ay be, in writing , amended by mutual consent of the
parties here n.
(27) tor e Boa. The LESSEE shall be permiitted to install a
tool storage bo on or near the building known a�', Eire Station #19,
being adjace t o the Leased Premises . The said tbol storage box and
the area in wh ch it is located shall be considered a part of the
Leased Premi es and as such shall be subject to all ter:ns and con-
ditions of t is lease agreement. The specific location of the storage
box shall be su ject to the approval of the Fire Station #19 chief.
(28) se of Water from Fire Station #19. For the purpose of
watering the fl wer gardens located on the Leased Premises, the LESSEE
shall be per it ed to use water from Fire Station #19, subject to the
approval of he nerson in charge of said Fire Station �19 at the time
the LESSEE r qu sts such use. The LESSEE shall provide the necessary
hoses , nozzl s , and a11 other tools and implements used in. the trans-
portation of th water to, and the distribution of the water upon the
Leased Premi es The LESSEE shall assume liability for all claims ,
demands , action or causes of action of whatsoever nature or char--
acter, arisi g ut of its transportation and/or use of the water.
I
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IN WITNESS W ER OF, the parties hereto have set their hands and seals
the day and ea in this Lease first above�written.
Mayor
City Clerk
Director of Fina'ince and
Management Servi'ces
Department Director
City Attorne ( orm Approval)
____________ __ __________________________________�__________________
LESSEE �
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