89-267 r
WF11TE - GTV CLERK I
PINK - FINANCE G I TY OF SA I NT PAU L Council �}�J /�
CANARV - DEPARTMENT File NO• I � ��•
BLUE - MAVOR
Return copy to: Council �esolution �
� Valuations -- Room 218 �'
� :..
(DN) (Metalcote) �,�����,J� -_____.--�
�resented By L�`'`
eferred To � Committee: Date °2����
Out of Committee By Date
BE IT ESOLVED , that the Council of the City of Saint Paul
does hereby authorize and direct the proper city officials to
execute on behalf of the City of Saint Paul (Department of
Public Works a three (3) year renewal lease agreement commencing
on I'ebruary 1, lg8g and extending through January 31 , 1992
between Met lcote Grease and Oil Company for approgimately
24 ,300 squa e feet of vacant land located near Randolph Avenue ,
Webster Str et , and Erie Street , subject to the terms and
conditions et forth therein, a copy to be kept on file and of
record with he Department of Finance and Management Services .
Consideratio for use of this property shall be $3 ,000 per year.
COUNCIL MEMBERS ' Requested by Department of:
Yeas Nays
Dimond Finance na ement S vic¢s
Lo� _ In Favor
Goswitz
Rettman
� ,
scne�ne� __ Against BY ,
Sonnen �� C �
� � 3 �
� 17W1 � u � Form prove Cit t rne \�
Adopted by Council: Date
c
Certified a ed by Council Sec et ry B
By, Q.�.R-�
t�pprove Y �a�o�: _ �IAR 17 1989 Approved by Mayor for Submission to Council
� By
PUBUSi�ED M�R 2 � 1989
�-�a`7
. ���
.
�, ".� Gl��N ��EE�' No O D 3�S 8 :
Fiaance & Manages�ent Servi ces t �� � `
�'"��ON Dave N�lson . owecroa
/►S&ca ,awrc�a:ww«oe�B+r�oa�cron :4 crrv � .
� I�NNIBER FOR -- I�
„
�nance , 298-.�'� 17 �T"� �+oo�ro�r�cmn 5
ti�1. '
. — —
L ���
. _
To r�� I�Ease Ag eement PW/11 between the City o€ 8si�t Paul (�� ��
of Publie Works) nd Metalco_te Grease & Oil Co�;s�y for parking at �a�b p�iaR c
Avenue a�d Erie S reet, from February l, 19$9 �hrough .January 31, 1992. �C r
Refe�enc�s 1_. S ple copy of lease agreement; Z.` Resol,ution for signature.
.
Tlow:ik�a+(x1 a�el.a(�) cou�C�.n�rx��roer: : ..
. ... .. PlAlMN�Ki OOA�8610N -CNk, COMAM3310N � � DATE M � . DATE OUT � � NMLY8T�- �� � . PIiONE!q. � � -
� .. ZONAIO CO�MA�SIODI 18D 62S BOARD . .� � . � . � � . . .
�� . � �, RECEI _���� _�.�.�• ���. -��•
�� � �
_ � ��":
- ��,����� �°�.�p�,�� T f���
�AYGR'S FFICE ��.�"'''�E�.�'
� . : . �� a � . � . . . .. . . ` ����� ..
.. � � � . . , . . _ . . [1t►
� � . � .. . - � � � � � � � . . . � .. . � `7,'Ci�..� � . .
� � . . _ - _ � .. �� . .. - .
. . . . . . _______.:
�1MiM�PF0��.1ltHE.�71Mf1'Y(VVhO� V1RIen.lryllsrc.WhYI:
Lease Ag eement PW/11 expires on January 31, 1989.
., :,
.�I�Twc+�'n0�r�..�e�++�.�1: �,
, ��;,
€�.ty will receive $3,000 each year over the three-year term of the lease
€or-s total of $9 000. Account .
_ .
` _' �23'4�a -fj�o/
MIIrR in�t To Nfiom): , •
.
�78111�71VES PH08 CONS .
Sell the land Would not have to. The issue of the
_ deal with a lease. r�pgrading of
Shepard Rosd_l�as
. . Yet to be reaolvec�.;
�,►��.�: - .. ��;,,�-� ►`�e��urc� Cen��r
t..;�.�....:,
The city.has leased o t the property since 1978.
, FEB `t' i�:��
��«,�: _
� �l i . �'�-�� �
� � �.��� )�� C�� -- ��/��'
9. 3/21/89 FI AL ORDER: Improve MONTANA AVENUE and NEBRASKA AVENUE from Laid over
th proposed cul-de-sac. Construct a sanitary sewer in indef.
Ne raska Avenue. Also, construct a street lighting system,
st rm water drainage facilities, curb and gutter, and sewer
se�rvice connections.
Alfso, open and widen Montana and Nebraska Avenues creating a
c�l-de-sac for street purposes and condemning and taking a 15-
f ot easement for sewer purposes. Said easement lying 15 feet
s utheasterly and adjacent to the southeasterly line of the
S o Line RR from Arkwright to Montana. •
Al�so, condemning and taking an easement for slope construction
ir� the grading and paving of Montana and Nebraska Avenues.
10. F�NAL ORDER: Acquiring easements for the SYLVAN/ACKER AREA =3pproved
S'�ORM SEWER SYSTEM (Laid over in Committee 2/22/89) . �
11. U DATE: On construction of IRVINE AVENUE AREA STORM SEWER Laid over
P OJECT, Street Paving and Lighting Project and storm, to 4-5-89
s nitary and water service connections if requested by any
p operty owner.
�
12. R SOLUTION 89-228: An ordinance amending Chapter 82 of the Approved
A ministrative Code pertaining to purchasing procedures and 3-0
p blic contracts and providing_ a 90-day limitation on
e cavation for combined sewer separation and street paving.
(Referred to Committee 2/14/89) .
13. . ESOLUTION 89-232: Approving the expansion of Joint Powers Approved
greement with the State of Minnesota to include surplus 3-0
isposal and resource recovery. (Referred to Committee
/14/89) .
14. ESOLUTION 89-235: Authorizing approval of Ramsey County Laid over
lans to reconstruct Larpenteur between 35-E and Edgerton, to 4-19-8!
l�ridge construction over Soo Line RR and right-of-way
�cquisition. (Referred to Committee 2/14/89) .
15 a�,i�� ���: �k��+��;.. p,�`��e7� C�,t� off�.�ials .Cts ���ved
xecute . a �=�a�'��ltf��e,ase. agr��,� :�ith METALCOT� 3-0
REASE A�;,�I� 43�kiF�►1�i�Y fAx' !�ant lana��i�, t�a�„ Rastdolph,
for parkin�. ��€e�i�td to o .
� 16. �1DMINISTRATIVE ORDER D-10099: Authorizing transfer of Approved
'urisdiction of City property from Community Services to 3-0
ublic Works. (Referred to Committee 2/16/89) .
17. , RESOLUTION 89-299: Directing proper City officials to execute Laid over
Lease Agreement with NAEGELE OUTDOOR ADVERTISING, INC. for a to 4-5-89
sign on property purchased by City from Burlington Northern,
IInc. west of I-35E and north of Cayuga for storm water
ponding. (Referred to Committee 2f21/89•}.
I (continued)
2
. . I
� ��y-a��
Revised 4/17/86
Authority (C�.F. or A.O. )
LEASE NO. -
FINANCE DEPT. LEA E N0. pW/11
ciT= o�,
DATE i ,��4 �
� � z
o • o a
a nutt nm y�
p IIU 1 I C�
LESSOR ° A'
ias+
Cit of Saint P ul
CITY DEpARTrtENT CITY OF SAINT PAUL
Department of P�blic Works REAL PROPERTY
LESSEE � LEASE AGREEMENT
Western Ca ital Cor ration (Metalcote Grease & Oil Division)
ADDRESS
560 Randol h A nue
(1) Leased remises. The LESSOR, in consideration of the payment
of the Basic Ren and Additional Rent hereinaf ter specified to be paid
by the LESSEE, a d the conenants and agreements herein contained, does
hereby lease , demise and let unto LESSEE the following described
premises, which are hereinafter referred to as the "Leased Premises":
(here insert the Leqal Description)
� See Exhibit "A"
t.n.q.��iei_�tith_ _�d__a.LLJ�.uiLd.i.rLqs�__fix.tux�.s__i�su�h_b�.i.l�.ins�a,
�.�p-�a���a�►#�s--a.� -o�s--s�-r�s��-r-e-s�-�€-a�-r-��a-�ed--t�e��e�-r
Whose Street Ad ress is varant 1an� near Randolph Avenue, Webster and Erie
Streets.
1
���-a��
See Exhibit "A" Plan or Map of leased area which is incorporated
herein by this r ference.
Type of Property {Vacant Land/&et��d-i-fsg) Square Footaqe
lan a x'm t 24 00 s are feet
(2) Term � Lease This lease shall be in effect for a term
com mencing and e ding on the dates indicated below, unless terminated
earlier by the L SSOR as provided herein.
Ter;n (Mo.a.ths/Yea s) Commencinq Date Ending Date
3 ears February 1, 1989 January 31, 1992
I
(3) Use of P emises. The premises shall be used and occupied by
LESSEE for the f llowing purpose:
Parkin .
and for no other purpose without the prior written consent of, LESSOR.
( 4) Basic R nt. Rent shall be oaid by the LESSEE in advance , on
the first day of each and every payment period thereafter as indicated
in the Payment S hedule below:
Total Basic Rent Payment Schedule
During Lease Te m (�o-a-t�-1�-���Annually - Commencing Date - $ per Period)
53.000.00 Payable each February 1
LESSEE shall make all payments of Basic Rent and Additional Rent
to LESSOR at the following address:
City of Saint Paul, Publzc Works Accounting Division, 600 City Hall Annex, Saint Paul,
Minnesota 55102
The applicab�e account number for City Finance Accounting Code is:
yZ3v� . •
(5) Additio al Rent. The LESSEE shall pay all Additional Rent.
Additional Rent means all amounts, other than Basic Rent provided for
in paragraph 4 cove , which LESSBE is or may become obligated to pay
under this para raph or other provisions of this Lease. Additional
Rent includes , ut is not limited to, the following fees, costs and
expenses : ( a) all utilities , including water , electric , gas ,
telephone, sewa e and garbage collection and disposal; (b) costs for
the repairs , im rovements or alterations required to be made by the
LESSE� in para raph 12 of this Lease; (c) all taxes on realty or
personalty, ge eral or special; . and (d) all public rates , dues ,
charges and assessments , general or special, of any kind upon the
Leased Premises. In the event that LESSEE does not make such payments
(or any payment required to be paid as Additional Rent) , LESSOR may
2
.
. � . I ���-���
�
make the payments at its option, and the payments sa paid become
Additional Re t, and are due and payable by the LESSEE with the
payment of Ba ic Rent next required after written notice of same to
the LESSEE by LESSOR.
(6) Taxes. LESSEE shall be responsible for and pay all taxes and
assessments ag inst the Leased Premises, except that LESSEE may at its
own expense co test and challenge the imposition or amount of any such
tax or assessm nt in accordance with law; provided, howener,, that in
the event thisl Lease is terminated by either party, LESSOR may at its
option requirelthe LESSEE to pay such contested taxes pending appeal,
to place in es row a sum sufficient to pay said taxes , or take other
action which ill remove said contested taxes as an encumbrance to
title (or as a exception to the transferability of marketable title
to the Leased remises) .
(7) Right of Ent�. At all times dur ing the term of this lease ,
the LESSOR sha 1 have the riqht, by itself, its agents and employees,
to enter into nd upon the Leased Premises during reasonable business
hours for the urpose of examining and inspecting the same.
(8) LESSEE'S Insurance. LESSEE shall maintain during the term of
this lease and upon the leased premises certain insurance coverage
which is descr ' bed as follows:
(a) WOR ERS' COMPENSATION INSIIRANCE with coverage not
1es than the statutory limits and EMPLOYERS
LIABILITY INSURANCE with limits of not less than:
100 000 PER ACCIDENT
(b) COM�REHENSIVE GENERAL LIABILITY insurance including
blan et contractual liability coveraqe and personal
liability coverage with a combined single limit of
not less than:
B.I. - P.D.
PER OCCURRENCE
Such 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
endo sement, (4) not exclude explosion, collapse and
unde ground property damage; and (5) be written on an
"Occ rrence" Form policy basis.
(c) PROP RTY INSURANCE including fire, extended conerage
and 11-risk insurance covering the demised premises
and 11 property located therein belonging to LESSOR
in a amount equal to 90$ of the full replacement and
reco struction cost of the property. The amount of
�
II 3
, . ��-���
the d�ductible, if any, shall not exceed N/A $ of
full eplacement. The amount as indicated below is
t.he a ount of coverage agreed to by the parties at
the i ception of this Lease. Such policy shall be on
a rep acement cost basis, with permission to replace
at an site . The amount of insurance shall be
_ incre sed to an amount equal to 90$ of the full
repla ement and reconstruction cost of the premises
on every annual anniversary date of this Lease.
Whene er requested by LESSOR, LESSEE shall procure an
appra ' sal of the Leased Premises from an appraiser
appro ed by LESSOR, and the new appraisal amount
shall then become the new basis for insurable value.
The olicy will be issued in the name of
LESSO with loss payable to LESSOR and LESSEE as
- their respective interests may appear.
N�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
dama ed property with like kind and within a
reaso able time. The LESSEE shall be responsible for
payme t of the insurance policy deductible amount (as
stated in the Property Insutance policy for the
leased premises) to the LESSOR in the event of any
loss overed or which would be covered by the policy.
(d) The olicies required in this section shall name
LESS R, and any persons , firms , or corporations
desig ated by LESSOR as an insured, and shall contain
a clause that the insurer cannot cancel or change the
insu ance without first giving the LESSOR 30 days'
prior written notice.
The insurance shall be placed with responsible .
insu ance companies authorized and licensed to do
busi ess in the State of Minnesota and approved by
LESS R and copies of the policies shall be delivered
to L SSOR on the date of LESSOR'S execution of this
agre ment. The policies shall also indicate that
cove age shall not be invalid due to any act or
omis ion on the part of the LESSOR. If such policies
are ot delivered to the LESSOR as provided, the
LESS R may at its option terminate the Lease or place
the 'nsurance itself and bill the LESSEE for the cost
of c verage as Additional Rent.
It i specifically understood and agreed that all of
the roceeds of such insurance policies shall belong
to a d be payable to the LESSOR, and that the LESSOR,
afte application of such proceeds to the loss , may
4
. . . � C�-��a��
apply any remaining proceeds to a separate noninsured
loss of the LESSEE arising out of the use or
condition of the Leased Premises.
If f �r any reason any of the insurance hereunder is
void, the LESSEE is responsible to the LESSOR for the
total amount of the uninsured loss.
(9) Cancell tion or Termination. This lease shall be subject to
cancellation an termination by LESSOR at any time during the term
hereof by givin the LESSEE notice in writing at least ninety (90)
days , ( thirty (30) days for leases with a term of one (1) year or
less} in advan e of the date when such termination shall become
effective. In t e event of such termination any unearned rental paid
by the LESSEE shall be returned to LESSEE without interest.
(10) Noti e. All notices herein provided to be given, or
which may be gi en by either party to the other , shall be deemed to
have been fully given when served personally on LESSOR or LESSEE, or
when made in riting and deposited in the United States Mail ,
certified and p' stage prepaid, and addressed to the LESSEE at the
address stated on page 1 and to the LESSOR, at the Division of
Valuations, Real Estate Section, 218 City Hall, Saint Paul, Minnesota
55102. The addre s to which the notice shall be mailed may be changed
by written noti 'e given by either party to the other. Nothing herein
shall preclude he giving of such address change notice by personal
service .
(11) Assi ment and Subletting. LESSEE shall not assign or
sublet this 1ea e without the written consent of the LESSOR, which
consent must be obtained orior to the execution of any agreement to
sublease the Lea ed Premises.
(12) Mainte ance and Repairs LESSEE shall, at its own cost and
expense, be resp nsible for all repairs, maintenance and upkeep of the
Leased Premises, including but not limited to emergency repairs of any
kind; routine aintenance and repair to keep the Leased Premises in
qoad repair , safe and in compliance with applicable fire, health,
building and oth r life safety codes; and all repairs and maintenance
needed to keep he buildings or structures on the Leased Premises in
good condition, includinq {a) the exterior and interior structure of
the building or structures , (b) the roof or roofs , (c) the heating ,
ventilating an air conditioning systems therein, and (d) all
electrical, pluabing , lightinq and mechanical systems (including
windows) . The f regoing oblj.gations shall bind the LESSBE regardless
of the cause of the damage or condition necessitatinq the repair or
maintenance.
(13) P�me ts in Case of Default. LESSEE shall pay LESSOR all
costs � and expens s, including reasonable attorney's fees in any action
brought by LESSO to recover any rent due and unpaid hereunder, or for
the breach or de ault of any of the conenants or agreements contained
in this lease, o to recover possession of said property, whether such
action progresse to judgment or not.
S
� ' , ����� /
(14) Surrender of Premises. The LESSEE , at the expiration of
said term, or any sooner termination of this lease , shall quit
peacefully an surrender possession of said property and its
appurtenances t LESSOR in as good order and condition as the property
was delivered t the LESSEE.
(15) Indem it . The LESSEE agrees to indemnify, defend, save and
hold harmless he City of Saint Paul and any agents, officers and
employees thereof from all claims , demands , actions or causes of
action of whats ever nature or character, arising out of or by reason
of the Lease o the herein described premises by the LESSOR to the
LESSEE, or the se or condition of the premises or as a result of the
operations or b siness activities taking place on the premises. It is
fully understoo and agreed that LESSEE is aware of the conditions of
the leased prem ' ses and leases the same "as is".
(16) Hold ver. Should the LESSEE hold over after the expiration
of the term of this Lease with the consent of the LESSOR, express or
implied, said t nancy shall be deemed to be a tenancy only from month
to month, subje t otherwise to all of the terms and conditions of this
lease so far as applicable.
( 17) Pollu ion and Contaminants. LESSEE agrees to comply with
all ordinance , laws , rules and regulations enacted by any
governmental b dy or agency relating to the control, abatement or
emission of air and water contaminants and/or the disposal of refuse,
solid wastes or liquid wastes.
LESSEE shall bear all cost and expense arising from compliance with
said ordinance , laws , rules , or requlations and shall indemnify,
defend , save and hold harmless LESSOR from all liability, including
without limitation, fines , forfeitures , and penalties arising in
connection with the failure by LESSEE to comply with such ordinances,
laws , rules or regulations. LESSOR has the right to perform cleanup
and charge the ESSEE for such costs should the LESSEE fail to comply.
(18) Contr llin Lease. In the enent there is any prior existing
lease or rent 1 agreement between LESSEE and LESSOR (or its
predecessor in �nterest) coverinq the subject property, it is agreed
and understood that this Lease shall cancel and terminate any prior
leases or renta agreements as of the effective date of this lease.
{19) Destr ction. In the enent of damage to or destruction of
the Leased Prem ses or in the enent the premises becomes untenable or
unfit for occup ncy due to such damage during the term of this Lease,
LESSOR may at its option terminate the lease upon fifteen (15) days
written notice o LESSEE; or within fifteen (15) days agree to restore
the premises w ' thin a specified time oeriod following the casualty ,
charging the co ts in excess of the insurance proceeds, if any, to the
LESSEE as Addit ' onal Rent; or may direct that LESSEE promptly restore
the Leased Pr mises to substantially the condition existing
im mediately pri r to such damage or destzuction, and for that purpose,
if such damage r destruction was caused by perils insured aqainst the
• , ( / �/ I���
V/�
LESSOR shall make available to LESSEE pro rata, as work proqresses ,
the net proceed of such insurance. If such proceeds are insufficient
to pay the entire cost thereof , LESSEE agrees to pay as Additional
Rent, a lump s m payment (or in a form agreed upan by the LESSOR)
equal to the emainder of such cost. The Basic Rents to be paid
durinq the restoration period shall be abated in proportion to the
percentage of I ss and impairment of the use of the Leased Premises as
determined by the LESSOR, times the number of days of loss or
impairment. �
(20) Eventl of Default. Any of the followinq events occurring
during the term �of this lease shall constitute an event of default by
the LESSEE: j
(a) the iling of a petition to have LESSEE adjudicated
- bankrupt or a petition for reorqanization or arrangement
under any laws of the IInited States relatinq to bankruptcy
file by LESSEE;
(b) in t e event a oetition to have LESSEE adjudicated bankrupt
is f ' led against LESSEE, the failure to dismiss such "
peti ion within ninety (90) days from the date of such
fili g;
(c) the ssets of LESSEE or of the business conducted by LESSEE
on t e Leased Premises be assumed by any trustee or other
pers n pursuant to any judicial proceedings;
(d) LESS E makes any assignment for the benefit of creditors;
(e) the failure by LESSEE to timely pay Basic Rent or
Addi ional Rent as required by this Lease;
(f) the ailure by LBSSEE to obserne and perform any covenant,
cond tion or agreement on its part to be observed or
perf rmed as required by this Lease; or
(g) the ailure by LESSEE or its surety to discharge, satisfy
or r lease any lien or lien statement filed or recorded
agai st the Leased Premises within 60 days after the date
of s ch filing or recording , whichever date is earlier .
It is an express covenant and agreement of LESSOR and LESSEE that
LESSOR may, at t5 election, terminate this Lease in the event of the
occurrence of ny of the events described in this paragraph or in
paragraph 23 re ating to liens by giving not less than ten (10) days'
written notice o LESSEE; and when so terminated, LESSOR may reenter
the Leased Prem ses. This Lease and its Leased Premises shall not be
treated as an sset of LESSEE'S estate. It is further expressly
understood and greed that LESSOR shall be entitled upon such reentry,
notwithstandin any other provision of this Lease , to exercise such
riqhts and remedies as are provided in Default Remedies Section of
this Lease. �
�
� : � �. ���-a�7
(21) Com 1 ' ance with Laws. The property described herein may be
used for only the purposes stated herein. It is the sole and
exclusive respc�nsibility of the LESSEE in the use of the property to
comply with anyland all laws, rules, regulations or ordinances imposed
by any jurisdiction affecting the use to which the property is
proposed to be ut. Inability or failure on the part of the LESSEE to
; comply with an of said laws , rules , regulations or ordinances will
not relieve the LESSEE of the obligation to pay the rental provided
herein.
{22) Non-Discrimination. The LESSEE for himself, his personal
representatives, successors in interest,and assigns, as a oart of the
consideration ereof , does hereby covenant and agree , as a covenant
running with th� land, that (1) no person, on the ground of race► sex,
color , creed, r ligion, age, disability, marital status, status with
respect to publ ' c assistance, or national origin or ancestry shall be
excluded from participation in, be denied the benefits of , or be
otherwise subje ted to discrimination in the use of said facilities,
( 2) that in conr�ection with the construction of any improvements on
said lands and he furnishing of services thereon, no discrimination
shall be practi ed in the selection of employees and contractors , by
contractors i the selection and retention of first- tier
subcontractors, and by first-tier subcontractors in the selection and
retention of se ond-tier subcontractors, (3) that such discrimination
shall not be pr cticed against the oublic in their access in and use
of the faciliti s and services provided for as public accommodations
(such as eatin , sleeping, rest, and recreation) constructed or
operated on the eased Premises, and (4) that the LESSEE shall use the
premises in compliance with all other requirements imposed pursuant to
the St. Pau1 Legislative Code Chapter 183.
(23) Liens. The LESSEE shall not oermit mechanic's liens or other
liens to be fi ed 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 m de to the Leased Premises , or for any other reason,
provided that if the LESSEE shall first notify the LESSOR of its
intention to do o and shall deposit in escrow with the LESSOR a sum of
money or a bond or irrevocable letter of credit acceptable to the
LESSOR� equal to the amount of the claim of lien, LESSEE may in good
faith contest a y such claims or mechanic's or other liens filed or
established and ' n such event may permit the items contested to remain
undischarged and unsatisfied during the period of such contest. If, in
the opinion of the LESSOR, the nonpayment of any such items subjects
the Leased Premi es to any loss or forfeiture, the LESSOR may require
the LESSEE to use the escrow account to promptly pay all such unpaid
items and if LE SEE fails to pay from the escrow account, the LESSOR
may pay and char e the LESSEE as Additional Rent.
(24) Eminent Domain. In the event the entire Leased Premises
are taken by emi ent domain, or such portion thereof is so taken that
in LESSEE'S rea onable judgement it is unecono�aic thereafter to
restore the Leas d Premises and proceed under the terms and provisions
e
. . � . �� ��y'-��7
� I
of this Lease, LESSEE may terminate this Lease by givinq to LESSOR
thirty (30) da s' written notice of termination, effective as of the
date on which the condemning authority acquires leqal title or
physical possession of the Leased Premises. LESSEE hereby waives and
releases any c aim to or share in the Awazd of Compensation for the
taking, notwi hstanding any other, provision of law , this Lease or
another agreement. LESSEE may to the extent otherwise permitted in the
eminent domain proceeding , remove its own trade fixtures at its own
expense .
(25) Defa lt Remedies. In the event an Event of Default occurs
under paragraph 20 of this Lease, LESSOR may exercise any one or more
of the followinjg remedies:
(a) reeriter and take possession of the Premises without
ter ination of this Lease, and use its best efforts to
lea e the Premises to, or enter into an agreement with ,
ano her person for the account of LESSEE;
(b) ter, inate this lease, exclude LESSEE from possession of the
Pre ises , and use its best efforts to lease the Premises
to, or enter into an agreement with another in accordance
wit applicable law;
(c) exc ude LESSEE from possession of the Premises , with or
wit out terminating this lease and operate the Premises
its lf;
(d) ter inate the Lease, exclude LESSEE from possession of the
Pre ises, sell all or any part of the Premises at the best
pri e obtainable (provided such sale is permitted by
app icable law) , such sale to be on such terms and
con itions as the LESSOR, in its sole discretion, shall
det�rmine and apply the proceeds of such sale less any
exp�nses thereof for the account of the LESSEE.
(e) exe cise any remedies available to it under the Minnesota
Uni orm Commerical Code;
(f) tak whatever action at law or in equity may appear
nec ssary or appropriate to collect the Basic Rent and
Add tional Rent then due and thereafter to 5ecome due , or
to nforce performance and observance of any obligation,
agr ement or covenant of the LESSEE under this Lease.
(g) in xercising' any of its remedies set forth in this
Sec ion, the LESSOR may, whether or not the Lease is then
in effect, hold the LESSEE liable for the difference
bet een the payments and other costs for which the LESSEE
is esponsible under this Lease.
(h) no emedy herein conferred upon or reserved to LESSOR is
int nded to be exclusive of any other available remedy or
i
0
� ���7
� � � �. �
�,
remedies , but each and every such remedy shall be
cumul tive and shall be in addition to every other remedy
qiven under this lease or now or thereafter existinq at law
or in equity by statute. No delay or omission to exercise
any r ' ght or power accruing upon any default shall impair
any s ch riqht or powe,r or shall be construed to be a
waiver thereof , but any such right and power may be
exere sed from time to time and as often as may be deemed
expedient. In order to entitle the LESSOR to exe-rcise any
remed reserved to it on this Provision, it shall not be
neces ary to give any notice, other than such notice as may
be he ein expressly required.
�
( 26 ) Amend d. Anything herein contained to the contrary
notwithstanding, �this lease may be terminated, and the provisions of
this Lease may ,Ibe , in writing , amended by mutual consent of the
parties herein. i
i
I
I
in
- �. � � �� ���a�7
i
i
A
�
THE FOLLOWIN SPACE BELOW IS PItOV_IDED FOR ANY ADDITIONAL
PROVISIONS OR R QUIREMENTS .
I
�
�
I
i
�
� i
�
�
�
I
I
i
I
I „
. � . �. (,���=���
IN WITNES WHEREOF, the parties hereto have set their hands and
seals the day a d year in this Lease first above written.
LESSOR - CITY OF SAINT PAUL
�
MAYOR
CITY CLERR
DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES
DEPARTMENT DIRE TOR
CITY ATTORNEY ( ORM APPROVAL)
�s����s=s��a��i s=z3�a���33737���353�22337337�a7333=���s=�s==3as�as=�
LESSEE
ITS
ITS
ITS
Revised 4/17/8
(LEASE)
I , �
- . � �-���
. ��
�
LESSOR NOTARY
STATE OF MINNESOT )
) ss.
COUNTY OF RAMSEY )
The foregoin instrument was acknowledged before me this
da of__ , 19 , by
George Latimer , Mayor of the City of Saint Paul, a municipal
corporation of t e State of Minnesota, on behalf of said City of
Saint Paul .
�
Notary Public
The forego ' ng instrument was acknowledged before me
this _ da of Y , 19 , by
Albert Olson, Cit Clerk of the City of Saint Paul, a municipal
corporation of t e State of Minnesota, on behalf of said City of
Saint Paul .
Notary Public
The foregoi g instrument was acknowledged before me this
day of , 19 ,
by ___________ , Director of Finance and
Management Serv ' ces of the City of Saint Paul, a municipal
corporation of t e State of Minnesota, an behalf of said City of
Saint Paul.
Notary Public
LESSEE NOTARY
STATE OF MINNESOT )
) ss .
COUNTY OF RAMSEY )
The foreqoi g instru:ment was acknowledged before me this
da of , 19 ,
by--------- ---------------------- -----
its
Notary Public
, �
-. - �: ������
�I�' �cAtr
A11 tha part of Randol�h Avenue as originaliy platted in
Stinson. 3rc�m and Ramsey's P�i�dition, and .as opened, per
City of �ISt. Paul Public 'v�orks drawing No. 1.1.10, drawex
No. 4, ted �ril 3, 1956, and that o�art of :rie Strzet
as per City ot St. Paul Punlic Works Openinq, old
series k 3, page 19, dated �1ay 24, 1886, and rhat part
� of Bloc 27, Stinson, Brown and Ramsey's Addition described
as foll .
encing at t-he southeast corner of 31ock 30,
S inson, Brawn and Ramsey's Addition to St. Paul
originally platted, thence caesterly along rhe
th line of said Bloc!c 30 a distan� of 163
f t, more or less, to a ooint; rhence sout.'� at
r'ght angles to the last descrii�ed line a dis`�ance :
0 66 feet more or less to a point on `he sQUth
of Randolph Avenue which is the �oint of
inning of a line to be descr ibed; `herice
rtheasterly along a line 37 feet souttzeasterly
o ar� oarallel to the centerline of relocated
l�h Ave. , as shawn on City of St. Paui Public
rks const.-uction contract No. 58-P-209 sneet 3,
tq its intersection with the east line or Erie
St$zeet; thence south along said east line of r'�ie
- S eet to a ooint of intersection with a line 8.5
f t northwesterly of and parallel to the cente=-
1' of most northerly tracic of the Ghicago, St.
P ul, Minneapolis and Omaha Railway Co�ny;
ence southw�esterly alorig said line beinq 8.5 feet
rthwesterly of and parallel to the centerline of
e most northerly trac!c of the c�icago, St. Paul,
L ' eapolis and omaha Railway Comr�anv, to the point
o intersection with the s�therly line of Randolph
A e. ; thence west along said southerly line of
lph `o the point of beginning and there
t ting.
Situa i.n the County of Ramsey and State oi :�innesota, Lor the
purpose of additional parking facilities aixi Lor no othe� purposes '
whatsoe er.
�
i
I '� i I � i �
� � - I �I '� ��� � . . . u �„y —
� ��� � i � � � V�
� �` "_ � � ��= - � � �
' . �`. s . � � � `�(� . ^� � � �
� '' ' . `s \"� — -� v J
.
. �, �• << h
�. �• �;�: {I !� � ' �- J ��'.
� �`� �.` `� j e:i ; �r: -
„ �..�...� � �
�., �., �,� �; .� �l, � fl �:
, , _ .
, � . t � . 'u.�t,'..1.r: \ f�, .
,� -,p, ts '��.'��°^"" •'" �
./,�,,,5 ._ �� -•-- --a v..�.�►� � �' �' '�;,. ..!•�..
'; ( � . . �'!:1�s:i� .
�` , Y' ��-�' si+� .�f �\ � \
\ . - . . . ' `'tw�� � � �f� �
Q � j,�' �
1 ` .`� �.
\ • w . �
- • O j .\� ♦\\\ . .. . . . . r.. +���•,�(.' ` ,
� \ \ �� . ,z4�'�f�,l�.i���'� \v
} \� �♦ .� 't� �`�—�'p`,.�.>'- :.
_ i `` `` i . . .L£ �L . `�,�.}�Iw�� .
. ♦ � � ,i� .;y�`�i+w�- t•-' 0
. i ��� ��. '�� � ��:4�. '`iY:,M' � \
`\ •� . \i� . M•��.y 'i
a� \ `�� \\` ' � ' �r�1'��..r,�� ' ^ 1�
� �� \ � , . \ . � . � .�•�'S,�s,;' L �\ / .
' . ` ,�/�' . .. `�• `� . . � ,T i.}t.��7 ,a v � •
. �, : � . . `•`\``\ ' O . `����.�..iL .
�
f � • '}' ►.,�;�t:
� . �\� .� ��i<�i� .
.. � \ ��•:.;
/� • . •\• . : ���� ���`-`. • .
� `
�`� ��� f'.,�r..; ♦
3' ` , ` .r�,y i `
i
. h. 1 � ' ��'�'� � � �
�;�� . ' )�li:z.� �
� j.�►/'� � . ' � � +lx�''S. � � 1 r .
.", � �, • . � , ��``` t,+ ' � � .�` ,t�I��:�i
1 �� � V •� �✓U��..J/YO. C�TLL .'t%. •r� �• � •\\ �i��,li �
-- ,, � � � ��\�:,� ;;� :
- � � �f . . � . � •��� � ,/
.. » �� � . ,8�' 's �
.: ', .. • , •';�;LQr - /��
�� . : �:� �.. . ,� '; . :i,•`` �+;
�� . \. . . �� (• �Is.� ` �% /�
O /. i/ .. . ♦
��` � 1 �. . � /',�//��:�+}` `
"� ^� � ^ .� \1 I '. � /,�., i��� ;i'�i�\:.�•;`
\ � .� Q iS I � ` � �!:�' ��l�tl\;\��
, ' ,l'
1 ' '� •� � • ji �� 1.
��� I j .� �� /�
; , �i+ I � '� • . ` /
i ,. � 4�`�' d s: `\��`��
, I � _�::� _.
-,+, I � ! � � ► . I o � . �.
-�j �: q o ti = I �
•.� ' � r .
i�r��_ � 'r �• � ; � � . 7 � ��
� � � , . . 1 ° � 2 % `�
� _ - - �-- ' ' .
� J � •, ' � �� `
:,
. C �' , 1 , i ``
� � � i
i •1 � ' J
.� r, � •:a£h�. �
" zcs� ...»r ���v�dp o �� �
_., - 'tS' `'_' � � ��.���/�S(�''(� ' � tCrf-'r ��> s� � �
� r�'r�. � � .t''— ��.°' ' ✓ � ti,� . ' �a � � ..
' � l.'1� n �
� �t � �f"'' r ' q �' ( �
� ` �/ � � S p� � �
�
V
� .,, ,� • � �� �.�. y :� �• �
� � o �` �
, � �
, �
! y' q � �- ' J
. 1 + + �"` ,'�� Z� �"�
. . � � �
: I � � t
^1 � G�� \ �v �� i � L �"� � ` r
' � � — --� i