89-299 WHITE - C�TV CIERK
PINK - FINANCE COUQCII /'�
CANARV - OEPARTMENT . G I TY OF SA I NT PAU L /�1( `J'
BIUE - MAVOR File NO• �_V• � ��
Return copy_to: CQ nci Resolution � ,
Valuations Room 218 ���,
�DN) (Cayuga) ''�.--
resented By
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Referr To �✓� �� ` Committee: Date �°�'� �
Out of Committee B Date
WHEREA , the city recently purchased from Burlington
Northern, I c . property lying west of I-35E and north of Cayuga
Street for torm water ponding, and
WHEREA , Naegele Outdoor Advertising, Inc. has been leasing
a portion o said property from Burlington Northern and has
erected an �.dvertising sign thereon; and
WHEREA , Naegele Outdoor Advertising, Inc . haa expressed a
desire to e ter into a similar lease with the city; and
WHEREAS , both parties have agreed to the terms and
conditions of proposed Lease Agreement PW/41, and the Real Estate
Section of t e Department of Finance and Management Services has
determined t at the annual rent , the greater of $20, 000 or 30
percent of t e net income of the property, represents fair market
value of the property;
THEREFO E BE IT RESOLVED, that the proper city officials are
hereby autho ized and directed to egecute Lease Agreement PW/41
with Naegele Outdoor Advertising, Inc .
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COUNCIL MEMBERS Requested by Department of:
Yeas Nays
Dimond I Financ & Mana ement Servic s
�ng � [n Favor
Goswitz
Rettman Direc r
s�6e;bei � __ Against BY
Sonnen � ��
Wilson I 1�l- r'. �1
APR 1 3 1989 Form Appro ed b City Att ey �
Adopted by Council: Date
c 2
Certified Yas e Council Se re� By
ss. � �
Appro by Mavor: e _!yrLt � 4 �Q� Approved by Mayor Eor Submission to Council
By
�UBLIS�I A P R 2 � 1989
61N9N1A o�Te Mrtu►� o�re owr�eho �° ' - " '
1?'inance .� Management S rvicee 8 ��'� ��"��:� N0. ��5��,�j .
� Dave Nelson � � °EP��o�cson �►Mnon�on r�er,wr�: .
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� 1w�� 2 AwwcE a�w�+r s�nv�s or�cra+. _rZ cm a.�rc
, Finance 9$-5317 - � _ e�� _ . _ �
. � GITY ATTORNEY ..
To le�se 3,750 squar fe�i af vacant land located w�est of I35-E' anrl aorth of Cayug$
Street to "N�gele 0u oor Adnertising, Inc. for an advertising sf.gn. References
1. Sample copy of se Agreement PW/41; 2. Resolution for execution.
�tow�t�vr�ovs u►)or�tA?) coerw�nes�nce�n�t _' - ':
ru�r�o� crv�sE c�useaw _ u�h m an�arr a�uuvsr _ r�� t �or�ru,.
zo�+n�o car�sear► �'—iau e2s swrm � .[
sra� cwwr� � _�ns�s _�t�o.�* !�� a �+
oisrncroouwcw •o�ruweno►�: �� ��_'-'�'s+',i�.
s�oRrs ve+ww caa+c�au�crn� ���������
. N/� RECEIYED ��
FEB p ;3 �°89 � :
.«�,►��.,�.� .�.�,�,.�.�..�:
The city p rchased property which Naegele had been leasing from the'
for�ner own r.. ,. : -
�IUflIlfCA7ION�.Mv++rlp�s.Aee�Ma>; . � : : .
TEee city w 11 receive at least $20,00t� during each year of the three-
year .lease .
�IMII�:vMr�ti a�.ro 1�om):
Naegele : oar Advertising, Inc. will have the use of 3,75U - -
� squa�e fee of vacant land. �
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K.�mra� _ wws. c�s
Not iease. Ttze City would ;tc�se
_ at least $2U,�?0 °
a,year in rental
inet�e.
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CITY OF SAI?�� PAIIL
RPAL PBOPExTY LEASE gGBEgKBAT
Revised 12/23/ 8
Authority C .F. or A. O .
LEASE :I0 .
FZiVAi�TCE DEPT • L ASE Y0 . PW/41
DAT� : � 10/01 /1988
LESSOR : - CITY OF SAI:�T PAIIL '
DEPARTNIENT OF PUBLIC WORKS
L�SSEE : �YAE(�ELE OUTDOOR ADVERTISING, INC.
1700 WEST 78TH STHEET
KINNEAPOLIS , MN 55423
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( 1 ) Leased remises. The LESSOR , in consideration of the payment
of the Basic Ren and Additional Rent hereinaPter specified to be paid
by the LESSEE , a d the covenants and agreements �erein contained , does
hereby lease , d mise and let unto LESSEE the followin� described
premises consis�ting of 3750 square feed , which are hereinafter
referred to as t e "Leased Premises" :
From a poin� on the northwesterly line of the �inDot 35-E right-
of-way one �hundred ten feet ( 110 ' ) northeasterl� of the
intersectionl of said northWesterly line With the northeasterly
line of thejBurlington xoad right-oP-Kay lying in the northeast
quarter of t�e southeast quarter of Section thirty ( 30) , mownship
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twenty-ni�Ine (29) , xange twenty-two (22 ) ; proceed northeasterl�
along sai!d northxesterly line of the �SnDOT 35-E right-of-Way for
fifty fee�lt (50 ' ) ; thence northwesterl� along a line parallel to
and one �undred sizty feet ( 160 ' ) north of said northxesterlp
line of �the Burlington Northern right-of-Way for seventy five
feet (75 'I ) ; thence southwesterly parallel to and seventy five
feet ( 75 �I ) west of said northwesterly line of the MnDOT 35-E
right-of-way flor fiYty feet (50 ' ) ;,, thence southeasterl� to the
point of begin�ing.
See Ezhibit 'A" , plan or map of leased area which is inc.orporated
herein by this reference.
(2) Term o Lease. This lease shall be in effect for a term
commencing and ending on the dates indicated below, unless terminated
earlier by the LESSOR as provided herein.
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Term (Months/Yel�ars) Commencing Date Ending Date
Qh�k i I��'`
�r�rr-ee year�ls 10/01 /1 988 09/30/���
(3) IIse o Premises. The premises shall be used and occupied by
LESSEE for the ollowing purpose :
outdoor ad ertising
and for no othe purpose without the prior written consent of LESSOR.
(4) Basi gent. Rent shall be the greater of $20 ,000•00 or
thirty per ent 30�) of the net income derived from the Leased
Premises p r year. �Yet income shall be defined as gross revenues
received 1 ss agency. $20 , 000 .00 shall be due and payable to the
LESSOR on he first day of each year of the contract . Oa the
final day df each year of the contract, the LESSEE shall provide
to the LES�OR a schedule showing gross revenues , agenc9 and net
income froml the Leased Premises for said year. At that time the
remainder of the Base Rent , as calculated above , and all
Additional �ent, if any, shall be due and payable.
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LESSFL shall mal�e all payments of Basic Rent and Additional Rent to
LESSOR at the fo lowing address :
Citp of Saint P ul , Dept . of Public Works 25 `dest Fourth Street
City Hall Annea Saint Paul, MN 55102
The applicable " ac�count number for City Finance Accounting Code is :
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12141 -6801
(5) Additional Bent The LESSEE shall pay all Additional xent
as provided here n. Additional Rent means all amounts , other than
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Basic Rent pro�ided for in naragraph 4 above, which LESSEE shall be
obligated to p�ay under this par3graph or other provisions of this
Lease. Additiolnal �ent includes , but is not limited to , the following
fees , costs a�d expenses : ( a ) all utilities , including water ,
electric , gas , Itelephone , sewage and garbage collection and disposal ;
(b) costs for the repairs , improvements or alterations required to be
made by the LE SEE in paragraph 12 of this Lease ; (c ) all taxes on
rea,lty or persdaalty, general or s�pecial; and (d) all public rates ,
dues , charges nd assessments , general or special , of any kind upon
the Leased Pr mises ; and ( e ) property insurance premium and/or
uninsured losse�s as set forth in paragraphs S (c) and (d) of this
Lease . In the �event that LESSEE does not make such payments ( or any
payments requir$d to be pai3 as Additional Rent ) , LESSOR ma,� make the
payments at its option, and the payments 90 paid become Additional
Rent , and are d e and payable by the LESSEE with the nayment of Basic
Rent nezt requi�red after �rritten notice of same to the LESSEE by
LESSOR.
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(5) Taaes . �I LESSEE shall be responsible for and pay a11 tazes and
assessments agailnst the Leased Premises , except that LESSEE ma� at its
own expense cont�st and challenge the imposition or amount of any such
tag or assessmen�t in accordance with law; provided , however, that in
the event this Llease is terminated by either party, LESSOR may at its
option require t�e LESSEE to paq such contested tazes pending appeal ,
to place in escrlow a sua sufficient to pay said tazes , or take other
action which wil;l remove said contested tazes as aa encumbrance to
title or as an e�ception to the transfarability of marketable title to
the Leased Premi�es .
(7) 8ight �f gntry. At all 'times during the term of this lease ,
the LESSOR shall nave the right , by itself, its agents and employees ,
to enter into and upon the Leased Premises during reasonable business
hours for the pur��pose of ezaminin� and inspecting the same .
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(8) L$SSB�'S Insurance. LESSEE shall maintain during the term of
this lease and �pon the Leased Premises certain insurance coverage
Khich is describe� as follows :
(a) WORKERS ' lICOiKFENSATION IfiSURANCE with coverage not less than
the stat�tory �•limits and Et+iPLOYERS ' LIABILITY INSURANC� with
limits o not le's's than:
$100 , 000 � 00 PER ACCIDENT
(b) COMPREHEISIVE GENERAL LIABILITY insurance including blanket
contrac�ual liability coverage and personal liability
coveragelT,�ith a combined sin�le limit of not less than:
�600 , 000.��00 PER OCCIIRxENCE
such ins�rance shall : 1 name the City of Saint Paul , its
elected land appointed officers , employees and agents as
additional insureds ; (2) be primary with respect to LESSOR ' S
insurancel or self-insurance program; (3 ) contain a standard
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not ezclude eaplosion ,
� crosl liability endorsement ; � 4 � ama e• and (5) be �ritten
. colla�pse and underground property d g ,
on a "Occurrence" Form policy basis .
(c) The olicies required in Paragraphs 8 (a) and (b) shall name
LESS R as an insured , and shall be eed�heedngurandce without
the nsurer cannot cancel o�a ghan�g or ;�ritten notice • The
firs �iving the LESSOx 30 Y P
poli ies shall be endorsed to ia tl ort omission on theg part
aha11� not be invalid due to any
of tY#e LESSOR.
(d) The I' nsurance shall be placed with responsible insurance
comp�nies authorized and licensed SSOR� andgcopies f the
Stat of Minnesota and approved by LE
_ poli�ies shall be delivered to LESSOR on theolicies are Onot
exec tion of this agreement • If such P at its
deli ered to the LESSOR as provided , the LESSOR maY
opti n terminate the Lease or place the insurance itself and
bill the LESSEE for the cost of coverage as Additional Rent .
� e� It i specificall� understood and agreed that all of the
proc eds of the insurance P�a lbee �ayable Pto a�heP LF,SSOR,� and
and (c) shall be1.ong to an _
that the LESSOR , after application roceeds tro cae sepaiate
loss , may apply any remaining p
noni sured loss of the LESSEE arising out of the use or
cond tion of the Leased Premises •
( f) If f r any
reason any of the insurance hereunder is void , the
LESS E is responsible to the L�SSOR for the total amount o
the ninsured loss •
Canc llatioa or Termination. This lease shall be subject to
��� LESSOR at any time during the term
cancellation and termination by at ninety (90) days ,
hereof by gi ing the LESSEE notice in writing eSr or less or
( thirty (30) days for leases Within advance of the date when such
, any month-to-month tenancies )
mination s all become effective . I�n the eiebe returnedteto 1LESSEE
ter aid by the LESS�E shal
any unearned � rsntal p
without inter�st •
� rovided to be given, or which
�� �� gat' ce. All notices herein p
ma be given by either party to the other, shall be deemed to �hen
� ersonally on LESSOx or LESSEE, or
been fully given �rhen served p
made in writi�g and deposited in the United States Mail, certified an
postage prepa�d , and addressed to the LLSSEL at the addresRealaEstate
Page ( � ) and to the LESSSgint Pau1D1Minnesota v551021onThe address to
Section, 218 City Hall , be changed by Written notice
which the no ice shall be mailed may h8rein sha3.1 preclude the
given by eith r party to the other• Vothing
giving
of suc� address change notice by personal service.
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( 11 ) Assi nment and Snbletting. LESSEE shall not assign or
sublet this L ase without the written consent of the LESSOR , which
consent must e obtained prior to the ezecution of any agreement to
sublease the L�ased Premises .
(12) Iisin enance and Bepairs. LESSEE shall , at its own cost and
ezpense , be re ponsible for all repairs , maintenance and upkeep of the
Leased Premise , including but not limited to emergency repairs of any
kind ; routine �aintenance and repair to keep the Leased Premises in
good repair , afe and in compliance with applicable fire ,. health ,
buildin� and o�her life-safety codes ; and all repairs and maintenance
needed to keepithe buildings or structures on the Leased Premises in
good conditionl , including (a) the exterior ( including windows and
doors ) and int�rior structure of the buildings or structures , (b) the
roof or roofs ,l ( c ) the heating , ventilating and air conditioning
sys..tems thersi�, ( d) all electrical , plumbing, lighting , mechanical
systams , fire �uppression equipment i . e . fire sprinkler system; and
( e) all ground� , fences and roads within the Leased Premises . The
foregoing oblig�tions shall bind the LESSEE regardless of the cause of
the danags or c�ndition necessitr�ting the repair or maintenance .
( 13) Paymenls in Case of Defanit. LESSEE shall pay LESSOR alI
costs and ezpen es , including reasonable attorney` s fees in any action
brought by LESS R to recover any rent due and unpaid hereunder, or for
the breach or d�fault of any of the covenants or agreements contained
in this Lease , qr to recover possession of said property, whether such
action progress�s to judgment or not .
( 14) Snrre��der of Premises. The LESSEE , at the ezpiration of
said term , or �anp sooner termination of this lease , shall quit
peacefully and surrender possession of said property and its
appurtenances to LESSOR in as good order and condition as the property
was delivered toI the LESSEE .
( 15) Indemnl' tp. The LESSEE agrees to indemnify, defend , save and
hold harmless t e City of Saint Paul and any agents , officers and
employees therelof from all claims , demands , actions or causes of
action of what9oever nature or character, arising out of or by reason
of the Lease of� the herein described premises by the LESSOR to the
LESSEE , or the u e or condition oP the premises or as a result of the
operations or bu�iness activities taking place on the premises . It is
fully understoodland agreed that L�SSEE is aware of the conditions of
the Leased Premi�es and leases the same "as is . "
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( 16) Holdove . Any holdover after the expiration of the term
of this Lease sh�ll be allowed only after receiving the writtan consent
of the LESSOR. �aid tenancy shall be deemed to be a tenancy only from
month-to-month . j411 of the other terms and conditions of thia Lease
shall be applicabl�le .
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( 17) Pollltion and Contaminants. LESSEE agrees to compl� with
all ordinaaces , laws , rules and regulations enacted by any
gonernmental ody or agency relating to the control , abatement or
emission of ai and water contsminants and/or the disposal of refuse ,
solid wastes o liquid wastes .
L�SSEE shall bear all cost and ezpense arising from compliance with
said ordinanc s , Iaws , rules , or regulations and shall indemnify ,
defend , save a d hold harmless LESSOR from alI liabilitp, including
without limit tion , fines , forfeitures , and penalties ar,ising in
connection Wit the failure by LESSEE to complp �rith such ordinances ,
laws , rules or regulations . LESSOR has the right to perform cleanup
and charge the LESSEE as �dditional Rent for such costs should the
LESSEE fail to comply.
( 18) Controlling Lease . In the event there is any prior
existing lease or rental agreement between LESSFE and LESSOR (or its
predecessor in interest) covering the subject property, it is agreed
and understood that this Lease shall cancel and terminate anp prior
leases or renta�. agreements as of the effective date of this lease .
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( 19) Jestruction. In the event of damage to or destruction of
the Leased Prem ses or in the event the premises becomes untenantable
or unfit for o cupancy due to such damage during the term of this
Lease , LESSOR may at its option:
(a) termi ate the lease upon fifteen ( 15} days ' written aotice
to LE SEE ; or
(b) Withi� fifteen ( 15 ) days agree to restore the premises
withi a reasonable time period fol].owing the casualty ,
chargi�g the costs in ezcess of the insurance proceeds , if
any, tp the LESSEE as Additional Rent; or
(c ) may di ect that L�SSEE promptly restore the Leased Premises
to sub�tantiall� the coadition eaisting immediately prior to
such damage or destruction, and for that purpose , if such
damagelor destruction was caused by perils insured against
the LE SOR shall make available to LESSEE pro-rata , as Work
progrs ses , the net proceeds of such insurance . If such
procee s are insufficient to pap the entire cost thereof,
LESSEE agrees to pay as Additional Rent , a lump sum payment
( or in a form agreed upon bp the LESSOg ) equal to the
remain er of such cost .
The Basic Rents to be paid during the restoration period shall be
abated in propor�ion to the percentage of loss and impairment of the
uae of the Leas�d Premises as determined by the LESSOR, times the
number of days of loss or impairment.
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(20) gven s of De�ault. Any of the following events occurr3n�
during the te m of this Lease shall constitute an event of default by
the LESSEr^,: I
(a) thellfiling of a petition to have LESSEE adjudicated
bank upt or a petition for reorganization or arrangement
unde any laWS of the United States relating to bankruptcy
file by LESSE�,; �
(b ) in t e event a petition to have LESSEE adjudicated• bankrupt
is filed a�ainst 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 assnmed by any trustee or other
person pursuant to any judicial proceedings ;
(d) LESSE makes any assignment for the benefit of creditors ;
( e) the f ilure by LFSSr^,E to timely pay Basic �ent or Additional
Rent s required by this Lease ;
( f) the f ilure by LESSE� to observe and perform any covenant ,
condition or agreement on its part to be observed or
perfo med as required by this Lease ; or
(g) the f ilure by LESSEE or its surety to discharge, satisfy or
relea e any lien or lien statement filed or recorded against
the L ased Premises �rithin sigty days after the date of such
filin or recording , whichever date is earlier.
It is an eapre s covenant and agreement of LESSOR and LESSEE that
LESSOR may, at ' ts election, terminate this Lease in the enent of the
occurrence of a p of the events described in this paragraph or in
paragraph (23 ) elatin� to liens by giving not less than ten days '
Kritten notice t�o LESS�'E ; and �rhen so terminated , LESSOR may reenter
the Leased Premi es . This Lease and its Leased Premises shall not be
treated as an a 9et of LESSEE ' s estate. It is further ezpressly
understood and a reed that LESSOR shall be entitled upon such rsentry,
notwithstanding ny other provision of this Lease , to exercise such
rights and remedies as are provided in Default Remedies Sectioa of
this Lease .
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(21 ) Complia� ce vith Laws. The property described herein may be
used for only he purposes stated herein . It is the sole and
eaclusive responsibility of the LESSEE in the use of the propert3r to
comply with any a d alI laws , rules , regulations or ordinances imposed
by any jurisdic ion affecting the use to which the property is
proposed to be pu . Inability or failure on the part of the LESSEE to
comply with any f said laws , rules , regulations or ordinances will
not relieve the ESSEE of the obligation to pay the rental provided
herein.
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(22) �on- iscrimination. The LESSEE for himself, his personal
representative , successors in interest and assigns , as a part of the
consideration ereof , does hereby covenant and agree , as a covenant
running T�rith tY�e land , that
( 1 ) no p� rson , on the ground of race , sez , color creed ,
reli�ion , age , disability , marital status , 9tatus with
reapejct to public assistance or national origin or ancestry
shal7� be excluded from participatin� in , be denied the
benef�its of or be otherWise subjected to discrimination in
the u�se of said facilities ;
(2) that �in connection with the construction of any improvements
on sallid lands and the furnishing of services t�ereon, no
discriimination shall be practiced in the selection of
emplo�ees and contractors , by contractors in the selaction
_ and rietention of first-tier subcontractors , and by first-
tier subcontractors in the selection and retention of
seconc�-tier subcontractors ;
(3 ) that �uch discrimination shall not be practiced against the
publi¢ in their access in and use of the facilities and
servic�es provided for as public accommodations ( such as
eatin , sleeping , rest and recreation ) constructed or
operat�ed on the Leased Premises ; and
�4) that t��he LESSEE shall use the premises in compliance with
all otl�er requirements imposed pursuant to the Sa�nt Paul
Legisl�tive Code Chapter 183 .
�23) Liens. � The LESS�,E shall not permit mechanic ' s liens or
other liens to b� filed or established or to remain against the Leased
Premises for labo�r, materials or services furnished in connection with
any additions , �odifications , improvements , repairs , renewals or
replacements mad� to the Leased Premises , or for any other reason,
provided that if� the LESSEE shall first notifp the LESSOR of its
intention to do o and shall deposit in escrow with the LESSOR a sum
of money or a bo�.d or irrevocable letter of credit acceptable to the
L�SSOx equal to �he amount of the claim of lien, LESSEE may in good
faith contest an such claims or mechanic ' s or other liens filed or
established and i� such event may permit the items contested to remain
undischarged and �nsatisfied during the period of such contest. If,
in the opinion �f the LESSOR , the nonpayment of an� such items
subjects the Leas�d Premises to any loss or forfeiture, the LESSOR may
require the LESSE to use the escrov account to promptly pay all such
unpaid items and 'f L�SSL� fails to pa� from the escrow account , the
LESSOR may pay an char�e the LESSEE as Additional Rent .
(2¢) Eainent omaia. In the event the entire Leased Premises
are taken by emin nt domain, or such portion thereof is so taken that
in LESSEE ' s reas�nable judgement it is uneconomic thereafter to
restore the Leased Premises and proceed under the terms and provisions
of this Lease, LE�SEy may terminate this Lease by giving to LESSOE
thirty days ' writtlen notice of termination, effective as of the date
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oa which the i�condemning authority acquires legal title or physical
possession of Ithe Leased Premises . LESSEE hereby waives and releases
any claim to �r share in the Award of �ompensation for the taking,
notwithstandin any other provision of law, this Lease or any other
agreement . L�SSEE may to the eztent otherwise permitted in the
eminent domainiiproceeding, remove its okn trade fiztures at its own
eapense . i
(25) Defa � lt &emedies. In the event an Event of Default occurs
under paragrap 22 of this Lease , LESSOR may egercise any one or
more of the fo]�Iowing remedies :
(a) reen� er and take possession of the Premises without
termilnation of this Lease , and use its best efforts to
lease� the Premises to or enter into an agreement with
anothler person for the account of LESSEE ;
(b) termi�ate this lease , eaclude LESS�E from possession of
the P{remises , and use its best efforts to lease the Premises
to or�� enter into an agreement with another in accordance
with �pplicable la�r;
( c ) exclulde L�SSEL from possession of the Premises , wit:� or
Witho�ut ter�inating this Lease and operate the Premises
itsel� ;
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(d ) termi�ate the Lease , egclude LESSEE from possessioa of the
Premi es , sell all or any part of the Premises at the best
price�iobtainable ( provided such sale is permitted by
appli�cable law , ) such sale to be on such terms and
condi�ions as the LESSOR , in its sole 3iscretion , shall
deterr�ine and apply the proceeds of such sale less any
egpens�es thereof for the account of the LESSEE.
( e) ezercils any remedies available to it under the Minaesota
Unifor� Commercial Code ;
( f) take �rhatever action at law or in equitp may appear
necessary or appropriate to collect the Basic Eent and
Additipnal Rent then due and thereafter to become due , or to
enforc� performance and observance of any obligation,
agreem�nt or covenant of the LESS�E under this Lease.
(g) in egelcising any of its remedies set forth in this Section,
the LE S08 may, whether or not the Lease is then in effect ,
hold the LESSr,E liable for the difference between the
paymen s and othex�. costs for which the LESSEE is responsible
under his Lease:
No remedy herein conferred upon or reserved to LESSOx is intended to
be eaclusive of ny other available remedy or remedies , but each and
every such remed shall be cumulative and shall be in addition to
every other rem dy given under this Lease or nok or thereafter
ezisting -at law r in equity by statute. Ko delay or omission to
eaercise any suc��h right or power accruing upon any default shall
9
. �Q_�q�
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� ,
impair any suGh right or powe.r-.-or shall be construed to be a waiver
thereof, but �.ny such right and power may be ezercised from time ta
time and as oflten as may be deemed ezpedient. In order to entitle the
LESSOR to ege�cise any remedy reserved to it in this Provision, it
shall not be r�ecessary to give anp notice , other than such notice as
may be herein �gpressly required .
,
(26) Alter tions. The LESSEE will not make any alterations to the
premises +�itho t the written consent of the LESSOR, such co.nsent not
to be unreason bl� withheld . If the LESSEE desires to maka any such
alterations , a accurate description shall first be submitted to and
approved by t e LESSOR and such alterations shall be done by the
LESSEE at its dwn eapense. All such work shall be performed under the
LESSOR ' S superv�ision and any improvements made to the Leased Premises
at the LESSEE ' � expense shall become the property af the LESSOR at the
end of the Lea�e period . LESSEE agrees that all alterations will be
done in a wor manlike manner and in conformance with applicable
buildin� codes , that the structural integritp and building systems of
the building w�ll not be impaired , and that no Iiens �aill attach to
the premises by�� reason thereof.
( 27) �mend d . Anything herein contained to the contrary
notwithstanding this Lease may be terminated , aad the provisi.ons of
this Lease ma be , in writing , amended by mutual consent of the
parties herein.
I
I
I
10
. � � C���a�R
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IN WITNESS WHERE�F : the parties hereto have set their hands and seals
the day and qearlin this Lease first above-written.
.
Mayor
� City Clerk
Director of Finance and
Management Services
Department Direct r
City Attorney (F�m Approval)
sam�=�ssasa=����a�s��=asa��=�3�s=s��s����=��_������=�s=sx�s3=����oox�
LESSEE
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. � � ���-��
- . .
.
LSSSOB NOTAgY
STATE OF MINNESOITA )
) ss .
COUNTY OF RAMSEYI )
The foregoing in�trument was acknowledged before me this
day of I , 19 by George Latimer, Mayor of the
City of Saint Paul ,, a municipal corporation of the State of
Minnesota , on be�alf of said City of Saint Paul.
Notary Public
STATE OF MINNESO�A )
) ss .
COUNTY OF RArISEY III )
The foregoing in trument was acknowledged before me this
day of , 19 . by A1 Olson, City Clerk of the
City of Saint Pa 1, a municipal corporation of the State of Minnesota ,
on behalf of sai City of Saint Paul.
Notary Public
STATE OF MINNESOTI�A )
) ss .
COUNTY OF RAMSEY I )
The foregoing ins�rument was acknowledged before me this
day of , 19 by Gene Schiller, Director of
Finance and Manag ment Services of the City of Saint Paul , a municipal
corporation of th State of Minnesota , on behalf of said City of Saint
Paul. I
Notary Public
LBSSEB NOTASY
STATE UF MINNESOT� )
! ) ss .
COUNTY OF RAMSEY I )
-a--G,
The fore ing inst��rument was acknowledged before me thi�s �� —
d a y o f , 19�. b y �� i�_�c1'x,.�, ,
its � �.
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�"�'�� AG,"N�� (i. Hc�EM Not ry Public
��i �� NOTARVI PJBLtC-611NNESOTA
` RAr.���Y COUNTY
IdY Commi ion Expirea Sopt.t t,1980
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° Members:
CITY OF .SAINT PAUL Roger J. Goswitz, chair
i=��1101�{ � . I� OFFIC� OF TFIIL CITY COIINOIL Janice Rettman
--�t�a
Tom Dimond
� � � ��-.2��
II Date: April 5, 1989 �
Committee Report ����vEQ
To: Saint P ul Cit Council � �P� 0.51989
Y ClTY CLER�°:
From :Publ c Works, Utilities, and Transportation
Com ittee
Rog r J. Goswitz, Chair
1. } Approval of minutes of March 22, 1989.
Hearingl� Date �
2. I DISCUSSION: Plastics Ordinance Approved �7=0
W/Amendments
,
3. 4/11/�9 VACATION: Petition of the City of Saint Paul for Approved
the vacation of part of Lots 6, 7 and 8, Block 3-0
. 2, Cole's Rearrangement, which is located east
� of I-35E between Juno and Armstrong. Property
is surplus and will be sold by sealed bids.
4. 4/18/8��9 RATIFICATION OF ASSESSMENTS: for work completed � Approved
summer/fall 1986. For construction of storm 3-0
sewer service connections incidental to the
PHALEN CREEK SEWER PROJECT.
5. 4/18/8 RATIFICATION OF ASSESSMENTS: for work completed Approved
summer/fall 1986. For storm sewer service stub 3-Q
connections as requested by the property owner
for the benefit of the SPACE CENTER property
located on PRIOR AVENUE near University. Part
of the SNELLING/UNIVERSITY AREA STORM SEWER
PROJECT.
6. 4/18/89� RATIFICATION OF ASSESSMENTS: for work completed Approved
� summer/fall 1984. For improving KASOTA 3-0
AVENUE/ENERGY PARK DRIVE from 700 feet west of
Snelling Avenue.
For installation of water main in Kasota �
Avenue/Energy Park Drive from 700 feet west of
Snelling Avenue to Raymond Avenue.
•
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CITY HALL SEVENTH FLOOR SAINT PAUI,, MINNESOTA 55102
.�.4e
� -�,
7. 4/18/89 FINAL ORDER: For the CONCORD STREET STREETSCAPE Approved
IMPROVEMENT PROGRAM PHASE I on the north side of 3-0
CONCORD from 50 feet southeast of Ada Street to
approximately 125.06 feet northwest of State
Street and the south side of Concord Street from
approximately 78.59 feet northwest of George
Street to approximately 362.81 feet southeast of
State Street. To include 14 lantern style
lights and other decorative items as determined
by P.E.D. and the Concord Street Business
Association. Also the operating costs of the
above standard street lighting system from
January thru December, 1989.
8. 4/18/89 FINAL ORDER: Sidewalk reconstruction with Laid Over
integral curb on the North side of W. SEVENTH In
STREET from Smith Avenue to Forbes Avenue; East Committee
side SMITH AVENUE from W. Seventh Street to to
Forbes Avenue, and West side FORBES AVENUE from 4-19-89.
Smith Avenue to W. Seventh Street.
9. RESOLUTION 89-429: Amending C.F. 84-632 adopted Approved
May 17, 1984, and approving St. Paul's 3-0-Revised
ASSESSMENT POLICY regarding construction and Resolution
reconstruction of sidewalks. (Referred to to be sub-
Committee 3/14/89) . mitted.
10. RESOLUTION 89-428: Amending the 1985 CIB Budget Approved
by transferring $341,725.71 from 3-0
Curtice/Mt.Hope/Andrew Project to Residential
Sidewalk Reconstruction. (Referred to Committee
3/14/89) .
11. RESOLUTION 89-446: Amending the 1985 CIB Budget Approved
by transferring $68,963.32 from Contingency to 3-0
RAYMOND BRIDGE, Manvel to Energy Park Drive.
(Referred to Committee 3/16/89) .
12. RESOLUTION 89-469: Approving an agreement Approved
between Minnesota Department of Transportation 3-0
and the City covering the cost, maintenance and
operation of a traffic signal installation at
T.H. 5 (MINNEHAHA) and Forest St. (Referred to
Committee 3/21/89) .
13. P;ES�U�ION 8�,-�'�9: , 8�,��,Cti�g proper City Approved
offic`��t,;„ 'to e��srCittte Lease Agreement with w/amex�d. to
'.daegele. 0utdoor Adv��tis�ng, Inc. for a sign on change lease
property� �purchas�d by City from Burlington from 3 to 1
Northern, Inc. west of I-35E and north of Cayuga year.
for storm water ponding. (Laid over in Committee
3/8/89).
2