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89-361 • . ' r.� `� A/Q � - _ ,{V WHITE - C�TV CLERK PINK - FINANCE COURCII �jJ CANARV - DEPARTMENT GITY OF INT PAUL �gvB�l�/ BLUE - MAVOR File NO. Return copy to: COUnCZ� ' es��u�i�n �� . Valuations - Roo 21 I -(rj � (DN) (Naegele) � �J Presented B � � G Referred To �� Committee: Date � �"� �� Out of Committee By Date WHEREAS , authorized r pr sentatives of both parties have agreed to the terms and condi{ti ns of Lease A greement PW/3 0, a n d it has been determined b � t e Real Estate section of the Department of Finance and Man�g ment Services that the rent, the greater of $1 , 200 or 30 perce t of the net income per year, does represent the fair market val e of the property; THEREFORE BE IT RESOLVE , that the Council of the City of Saint Paul does hereby aut o ize and direct the proper city officials to lease to Naeg 1 Outdoor Advertising, Inc . the above-described property acc rding to the terms and conditions set forth in Lease Agreement W/30 . COUNCIL MEMBERS Requested by Department of: Yeas Nays � Dimond � Financ & Mana ement S rv' �ng [n Favor i Goswitz Rettman �t,e;n�� __ Against BY �- Directo .s�,�., y I j�4�`� wilson �_ _. r-1 � �— �� T f_ I �� U I� �� Form Appro d by rn y Adopted by Council: Date rL—�� "��— �, � � �-z-I� (S�i Certified Passed by Council Secretary BY By � 6lpproved by Mavor: Date _ �' Approve by ayor for Submissi to C uncil _ By - 8 �� ' ' • Q � y1•�-�.�C. C�-c� . i �C�� s'•3��9 � �� G�� . 6. RESOLUTION 89-621: Co curring with action Approved :�� taken by the Board o W ter Couunissioners and 3-0 �; approving water mai asement on property owned by Andrew Realt C rp, known as SEEGER SQUARE. (Referred to o ittee 4/11/89) . 7• RESOLUTION 89-623: e ding C.F. 88-1757 by Laid Over In changing the width f c nstruction of PASCAL Committee To from Marshall to Con or ia from 44 feet, with 5-17-89 parking on both side t 36 feet, with parking on one side. (Referr d o Committee 4/11/89) . 8. RESOLUTION 89-624: ol ing the State harmless Approved for granting a varia ce to MSA width standards 3-0 on a portion of BU LINGTON ROAD between Springside Drive and To em Road. (Referred to Committee 4/11/89) . 9. RESOLUTION 89-625: ol ing the State harmless Laid Over In ' for granting a varia ce to allow existence of Committee To three utility poles wi hin the two-foot clear 5-17-89 zone required by M A tandards on CHESTNUT STREET between W. 7 h nd Smith. (Referred to Committee 4/11/89) . 10. RESOLUTION 89-626: A thorizing proper City Approved officials to pay Tra s ity Investment the sum 3-0 of $97,680 for the a qu sition of ponding area _ in connection with' t e STILLWATER/NOKOMIS SEWER PROJECT. (Re erred to Committee 4/11/89) . 11. RESOLUTION 89-627: thorizing proper City Withdrawn officials to dep si with the Clerk of District Court $35,12 for easement interest . in land owned by Ad el , Inc. in conjunction with the MARSHA L/ AMLINE SEWER PROJECT (Referred to Commit ee 4/11/89) . . RESOLUTION 89-361: uthorizing proper City Denied officials to le ise to Naegele Outdoor Advertising, Inc. , �ro erty located at 1060 W. 7TH STREET to displ y dvertising sign. (Laid over in Committee 4 19 89) . 13. RESOLUTION 89-693: uthorizing proper City Approved officials to execut a agreement with Ramsey 3-0 County and the cit es of Roseville and Falcon ' Heights for the c st, maintenance and operation of traff c ignals on LARPENTEUR at Hamline, FERNWOOD DUNLAP and LEXINGTON PARKWAY. (Referred o ommittee 4/20/89) . 14. RESOLUTION 89-323: P an to phase out certain Laid Over In water systems. (La d over in Committee Committee To 3/8/89) . 5-17-89 i 15. CABLE ACCESS REPOR . No Action ' , Required 16. SOT.Tn WASTR ilUlle•l+� _ T_ e-�:-- n----s_-� . . . . . �-��o/ A BRIEF H�ST RY OF LEASE #PW/30 Early in 1g86 , while revi�ew ng city-owned properties , it was discovered that Naegele Ou�do r Advertising, Inc . had constructed a billboard on this site. � I was learned that Naegele had been leasing the property from �th owner of the abutting lot who had believed that it belonged t',o im. Since that time , Naegele h'�as been leasing the property from the city on a month-to-monthl b sis. Effective March 1 , 1g87, a formal lease agreement wa�s rafted , and it was approved by Administrative Order #0-8 3 • The attached resolution would convert the term of the lea�e from month-to-month to three years . � � � � � I � �I � � � I �i I �a�u►ra� ` . a�►,� . o,►,�� °�� . q Departmet�t of Finance & ement .: �� f"�� NO• Q Q�21$ c01rtACr PER80a oErnR,�rrr owECrop . w�von(oa+�rN�,�y_�1 Dave Nelson _ �_. 1, ASSKiN �a�vw�meerr s�o�aecrae �_crtr c�wc J�7C Finance 298-5317 t�+;. a�a`�+ 'l-5llv 1 «ry A�r Ta make PW/30, curre�tly a month-to-mont a reement, a three year lease, from March 1, 1989 through February 29, 1992.. x fereaeer l. Sample cop�► f Lease Agreemenr FW/3U; 2. Reeolution for exec i . �EC�, R.. v�.o " �noMr:t�aw�•w a�t��} �. r�o�rr: . _. � � PLM�NN18mM�S10N CML BERVICE COMM19810N � DATE W � � �DA7E OUT MYILYST I T`' ' f�� ... PFiQNE ND: .- ,. .. . . ZOPMJO 001418lION 18D 828 8CR001.BOARD � . - . � � - .STAFF� . - . CII�A1'EFi(�RIAMSSI� � . 18 ADDL MIFt).ADD�' � . RET9 TO CONtA�T. . � . . � . - . � - �_FOR ADfIL IWFD. _F'EE094CK AD�•. . DI6TRILT p0{R1CK � � . . . * . . . . . �� °�,�" RECEtV�p .1 _ . N/� FF B 8 - �g8� �. �; : _ _ p��F Ty�p�,ECT: �i,�`� �� .!r - .� AND M,qMq� Of f� � �. . ; ,..,, ,<.yr,_� , _ N�q1� .�e?��I�t�MF�M�lI�i,�t Miha wir�.vin,en.wm.►e.w+�: � Since Febrtsi�ry 3, 1987, Lease. r ement Pid/30 has been on a month-to-�mrnith basis': _ ��cn�owse�.a.;ndranun...�si:: _ : ,, City shall receive the greater I f 1,200 or '�fl percent of the net iacc�u►e of the property. : ;.° � COINB9u�10�t HMhM,Msr�4�d ro Whan): , . - _ :, ', Naege�.e Outdou.r A�rertising, In . hall hsve the use of 1,3i5 square • feet of vacant land to display ', dvertising.sign. �tstw�+►nve� ooMS . Leave on a �nth-to—manth basis. t er party can Less stability ancl : nate agreement with p�tentially :l�ae - ;:,�c,:� _ < , ' ys' notice vs. 90 incom�e�E$1,ZC�O v�: t� y ' with a three year greater of :$1,2d� or ` . _ ' a . 30 p�rcent of net income pex year.} "�"'►�° ��;^i` �� ;�,�.�;� ��n�er. N/a FEB 1 '�� ;�� , ��: NIA . ` � . . � C��'�� CITY OF AI T PAIIL fiEAL PEOPSRTY EA E gGgEE�IEAT Revised 12/23/88 Authority C .F. or q. 0 . � LEASE N0. FINANCE DEPT. LEASE N0 . PW/30 DATy : 03/01 /1989 LESSOR: CIT F SAINm PAUL DEPARTMENT OF PUBLIC WORKS LESSEE: NAEGLE OU�D008 �i VE TISING , INC . 1700 ES 78TH STREET MINNEAPOLI5, N 55423-3899 ( 1 ) Leased Premises. T e ESSOR, in consideration of the payment of the Basic Rent and Additi na Rent hereinafter specified to be paid by the LESSEE , and the coven nt and agreements herein contained , does hereby lease , demise and 1 t unto LESSEE the following described premises , which are hereinaf er referred to as the "Leased Premises" : Block A: Finch ' s Addit ' on to Saint Paul according to the plat on file and of rec rd in the office of the Regisrar of Deeds in and for Ramsey C unty, Minnesota. .. � � , ��'�� together with any and all bu' 1 ings , fixtures in such buildings , improvements and/or structures, i any, located thereon; Whose street address is : 1060 West Seventh Street , and which consists of 1 ,513 squ r feet of vacant land. See Eghibit "A" , plan or map of leased area which is incorporated herein by this reference. (2) Term oP Lease. This ea e shall be in effect for a term commencing and ending on the d te indicated below, unless terminated earlier by the LESSOR as provid d erein. Term (P4onths/Years ) Comme ci g Date Ending Date 3 Years 03/ � /� 989 02/29/� 992 (3) IIse of Premises. The pr mises shall be used and occupied by LESSEE for the following purpos : , advertising sign and for no other purpose witho �t he prior written consent of LESSOR. (4) Basic Eent. 8ent sha �. e the greater of �1200•00 or thirty percent of the net income of th property per year. Net income shall be defined as gross receipts le$s agency. On the first day of each year of the contract , the LESS � hall pay to the LESSOR the sum of $1200 .00 . On the final day of ea h year of the contract , the LESSEE shall submit to the LESSOR a sch dule showing the gross receipts , agency and net income , togethex� ith the remaining Basic Rent , as herein defined , if any, and any d itional Rent which is due. LESSEE shall make all payments of Basic Rent and Additional Rent to LESSOR at the following address : City of Saint Paul , Department o ublic Works , 25 West Fourth Street , City Hall Annez, Saint Paul, MN 5 102 The applicable account number fo City Finance Accounting Code is : 12102-6 01 (5) Additioaal Eent. The 'ES EE shall pay all Additional Rent . Additional Rent means all amount ' , other than Basic xent provided for in paragraph 4 above , which LES E shall be obligated to pay under this paragraph or other provisi n of this Lease . Additional Rent includes , but is not limited to the follorin� fees , costs and ezpenses : ( a ) all utilities , i cludin� water , electric , gas , telephone , sewage and garbage coll ction and disposal ; (b) costs for the repairs , improvements or al er tions required to be made by the Lr^.5SEE in paragraph 12 of this Le se ; (c) all tases on realty or personalty , general or special ; nd (d ) all public rates , dues , 2 .. ., �G�.�� . charges and assessments , gener 1 or special , of any kind upon the Leased Premises ; and (e) proper y insurance premium and/or uninsured losses as set forth in paragraph 8 ( c) and (d) of this Lease. In the event that LESSLE does not m ke such payments ( or an� payments required to be paid as Addition 1 ent ) , LESS08 may make the payments at its option, and the payment s paid become Additional Rent , and are due and payable by the LESS E ith the payment of Basic Rent neat required after written notice o s me to the LESSEE by LESSOR. (b) Tazes. LESSE� shall b r sponsible for and pa� all taaes and assessments against the Leased re ises , ezcept that LESSEE may at its own ezpense contest and challen e the imposition or amount of any such tax or assessment in accordanc w' th laW; provided , however, that in the event this Lease is termin te by either party, LESSOR may at its option require the LESSEE to p 9 uch contested taaes pending appeal , to place in escrow a sum suffi i nt to pay said taxes , or take other action which will remove said c ntested taxes as an encumbrance to title or as an eaception to th t ansferability of marketable title to the Leased Premises . (7) fiight of $ntry. At 11 times during the term of this lease , the LESSOR shall have the rig t , by itself, its agents and employees , to enter into and upon the Le se Premises during reasonable business hours for the purpose of ezami i g and inspecting the same. (S) LESSB$'S Insurance. ESSEE shall maiatain during the term of this lease and upon the Lea ed Premises certain inaurance coverage which is described as follows (a) WORKERS ' COMPENSATIO NSURAWCE with coverage not less than the statutory limits a d FMPLOYEHS ' LIABILITY INSURANCE Kith limits of not less t a : $100,000.00 PER ACCIDENT (b) COMPREHENSIVE GENER L LIABILITY insurance including blanket contractual liabi i y coverage and personal liability coverage with a com in d single limit of not less than: $600,000.00 PER OCCURRENCE such insurance sha 1 : ( 1 ) name the City of Saint Paul, its elected and appoi t d offi.cers , employees and agents as additional insureds ; 2) be primary with respect to LESSOR' S insurance or self- ns rance program; (3) contain a standard cross liability e d rsement ; (¢) not eaclude egplosion , collapse and under ro nd property damage; and (5) be written on an "Occurrence" Fo m policy basis . ( c ) The policies requi ed in Paragraphs 8 (a) and (b) shall name LESSOR as an insur d , and shall be endorsed to indicate that the insurer canno ancel or change the insurance xithout . . . . , , [;�� 1�� first giving the LESSO 3 days ' prior written notice. The policies shall be end rsed to indicate that the coverage shall not be invalid d e to any act or omission on the part of the LESSOR. (d ) The insurance shall b laced Kith responsible insurance companies authorized aa licensed to do business in the State of ylinnesota and ap roved by LESSOR, and copies of the policies shall be deli er d to LESSOR on the date of LESSOR' S execution of this ag e ment . If such policies are not delivered to the LESS R s provided , the LESSOR may at its option terminate the ea e or place the insurance itself and bill the LESSEE for th cost of coverage as Additional Rent . ( e) It is specifically u derstood and agreed that all of the proceeds of the insur nc policies under Paragraph 8 (a) and (b) shall belong to a d be payable to the LESSOR, and that the LESSOR , after app ic tion of such proceeds to the loss , may applq any remain n proceeds to a separate noninaured loas of the LESSEE ar' si g out of the use or condition of the • I,eased Premises . ( f) If for any reason any of the insurance hereunder is void , the LESSEE is responsible t the LESSOR for the total amount of the uniasured loss. (9) Cancellation or Ter n tion. This lease shall be subject to cancellation and termination by LESSOR at any time during the term hereof by giving the LESSEE o ice in writing at ninety (90) days , ( thirty (30) days for leases i h a term of one ( 1 ) year or less or any month-to-month tenancies ) in advance of the date When such termination shall become effe ti e. In the event of such termination any unearned rental paid by th LESSEE shall be returned to LESSEE without interest. ( 10) Hotice. All notices herein provided to be given, or which may be given by either part t the other, shall be desmed to have been fully given when served p rsonally on LESSOR or LESSEE, or when made in writing and deposited i the United States Mail, certified and postage prepaid , and address d o the LESSEE at the address stated on page ( 1 ) and to the LESSOR a e Division of Valuations , Real Estate Section, 218 City Hall, Sain Paul, Minnesota 55102 • The address to which the notice shall be ai ed may be changed by written notice given by either party to the ot er. �othing herein shall preclude the giving of such address chang n tice by personal service . ( 11 ) Assignsent and S b etting. LESS�'E shall not assign or sublet this Lease without he written consent of the LESSOR, which consent must be obtained pr' o to the ezecution of any agreement to sublease the Leased Premises . � �� . � . , . � ��-�� (12) �aintenance and $e si s. LESSE� shall , at its own cost and expense , be responsible for a 1 epairs , maintenance and upkeep of the Leased Premises , including bu n t limited to emergency repairs of any kind ; routine maintenance and r pair to keep the Leased Premises in good repair , safe and in co pl ' ance with applicable fire , health , building and other life-safet c des ; and all repairs and maintenance needed to keep the buildings r structures on the Leased Premises in good condition , including ( ) he eaterior ( including Windows and doors ) and interior structure of the buildings or structures, (b) the roof or roofs , ( c ) � the heat n , ventilating and air conditioning systems therein, (d) all ele tr' cal , plumbing, lighting, mechanical systems , fire suppression equ' p ent i. e. fire sprinkler sqstem; and ( e ) all grounds , fences and oa s within the Leased Premises . The foregoing obligations shall bi d the LESSEE regardless of the cause of the dama�e or condition necess tating the repair or maintenance . ( 13) Paynents in Case of ef ult. LESSEE shall pay LESSOR all costs and expenses , including ea onable attorney' s fees in any action brought by LESSOR to recover a y ent due and unpaid hereunder, or for the breach or default of any o he covenants or agreements contained ' in this Lease , or to recover p ss ssion of said property, whether such action progresses to judgment r ot . ( 14) Snrrender oP Pre�ise . The LESSEE , at the ezpiration of said term , or any sooner te mination of this lease , shall quit peacefully and surrender p ssession of eaid property and its appurtenances to LESSOR in as g o order and condition as the property was delivered to the LESSEE. ( 15) Indemnitp. The LESSE a rees to indemnify, defend, save and hold harmless the City of Sai t Paul and an� agents , officers and employees thereof from all clai s , demands , actions or causes of action of whatsoever nature or h racter, arising out of or by reason of the Lease of the hereia de cr bed premises by the LESSOR to the LESSEE , or the use or condition of the premises or as a result of the operations or business activiti s aking place on the premises. It is fully understood and agreed tha L SSEE is aware of the conditions of the Leased Premises and leases he same "as is . " ( 16) Holdover. Any holdov r after the ezpiration of the term of this Lease shall be allowed o 1 after receiving the written consent of the LESSOR. Said tenancy aha 1 be deemed to be a tenancy only from month-to-month . All of the oth r terms and conditions of this Lease shall be applicable . ( 17) Pollntion and Contami an s. LESSEE agrees to comply with all ordinances , laws , rules a d regulations enacted by an�r governmental body or agencp re ating to the control , abatement or emzssion of air and water contam n ts and/or the disposal of refuse , solid wastes or liquid wastes . 5 . .. � , �� LESSEE shall bear all cost an zpense arising from compliance with said ordinances , laws , rules , o regulations and shall indemnify, defend , save and hold harmles ESSOR from all liability, including without limitation , Pine's , f r eitures , and penalties arising in connection with the failure by LE SEE to comply with such ordinances , laws , rules or regulations . L S OR has the right to perform cleanup and charge the LESSEE as Addi i nal Rent for such costs should the LESSEE fail to comply. ( 18) Controlling bease . I the event there is any prior existing lease or rental agree e t between LESSEE and LESSOR (or its predecessor in interest ) cover ng the subject property, it is agreed and understood that this Leas s all cancel and terminate any prior leases or rental agreements as of the effective date of this lease . ( 19) De9truction. In the e ent of damage to or destruction of the Leased Premises or in the ve t the premises becomes untenantable or unfit for occupancq due t s ch damage during the term of this Lease, LESSOR may at its opt ' on (a) terminate the lease p n fifteen ( 15 ) days ' written notice to LESSEE ; or (b) within fifteen ( 15 ) d ys agree to restore the premises within a reasonable t me period following the casualty , charging the costs i acess of the insurance proceeds , if any, to the LESSEE a A ditional Rent ; or (c) may direct that LESS E romptly restore the Leased Premises to substantially the co dition egisting immediately prior to such damage or dest uc ion, and for that purpose , if such damage or destructio as caused by perils insured against the LLSSOR shall mak a ailable to LESSEE pro-rata , as work progresses , the net pr ceeds of such insurance . If such , proceeds are insuffi i nt to pay the entire cost thereof, LESSEE agrees to pay as Additional Rent , a lump sum payment ( or in a form agre d upon by the LESSOR ) equal to the remainder of such co t . The Basic Rents to be paid d r' ng the restoration period shall be abated in proportion to the p rc ntage of loss and impairment of the use of the Leased Premises a etermined by the L�,SSOE, times the aumber of days of loss or impa ' rm nt. (20) gvents of Defanit. ny of the following events occurring during the term of this Lease h 11 constitute an event of default by the LESSEE: (a) the filing of a p t ' tion to have LESSEE adjudicated bankrupt or a peti ion for reorganization or arrangement under any lavs of t e nited States relating to bankruptcp filed by LESSEr^,; 6 - . . . . C��q�� (b) in the event a petiti n o have LESSEE adjudicated bankrupt is filed against LESS E , the failure to dismiss such petition withia nin ty ( 90 ) days from the date of such filing; (c ) the assets of LESSEE r of the business conducted by L�SSEE on the Leased Premis s e assumed by any trustee or other person pursuant to an judicial proceedings ; (d) LESSEE makes any assi n ent for the benefit of creditors ; (e) the failure by LESSEE t timely pay Basic Rent or Additional Rent as required by t i Lease ; ( f) the failure by LESSE o observe and perform any covenant , condition or agreeme t on its part to be observed or performed as require b this Lease ; or (g) the failure bp LESSE o its surety to diacharge , satisfy or release any lien or ie statement filed or recorded against , the Leased Premises ithin sizty days after the date of such filing or recording, w ichever date is earlier. It is an egpress covenant an greement of LESSOR and LESSEE that LESSOR may, at its election, er inate this Lease in the event of the occurrence of any of the ev nt described in this paragraph or in paragraph (23 ) relating to 1 en by giving not less than ten days ' written notice to LESSEE ; and w en so terminated , LESSOR may reenter the Leased Premises . This Le s and its Leased Premises shall not be treated as an asset of LESS E ' estats. It is further expressly understood and agreed that LE SO shall be entitled upon such reentry, notwithstanding any other pr vi ion of this Lease , to exercise such rights and remedies as are ro ided in Default Remedies Section of this Lease. (21 ) Compliance vith La� . The property described herein may be used for only the purpose tated herein . It is the sole and ezclusive responsibility of he LESSEE in the use of the property to comply vrith any and all laws , r les , regulations or ordinances imposed by any jurisdiction affectin the use to which the property is proposed to be put. Inabili y r failure on the part of the LESSEE to compl� with any of said law , rules , regulations or ordinances will not relieve the LESSEE of t e obligation to pay the rental provided herein. . (22) �on—Discrimination The LESSEE for himself, his personal representatives , successors 'n interest and assigns , as a part of the consideration hereof, does e eby covenant and a�ree , as a covenant running with the land, that ( 1 ) no person , on t e ground of race , seg , color creed , religion , age , d ' s bility , marital status , status with respect to public as istance or national origin or ancestry shall be eaclude rom participating in , be denied the benefits of or be o herwise subjected to discrimination in the use of said f ci ities ; � � . � . � � �i�� ( 2) that in connection it the construction of any improvements on said lands and th furnishing of services thereon, no discrimination sh 11 be practiced in the selection of employees and contr c ors , by contractors in the selection and retention of f rst-tier subcontractors , and by first- tier subcontracto s in the selection and retention of second-tier subcont ac ors ; (3 ) that such discrimin ti n shall not be practiced against the public in their ac e s in and use of the facilities and services provided o as public accommodations ( such as eating , sleeping , re t and recreation ) constructed or operated on the Leased Premises ; and ( 4) that the LLSSEE sha 1 use the premises in compliance with all other requireme ts imposed pursuant to the Saint Paul Legislative Code Cha t r 183 . (23) Liens. The LESSEE h 11 not permit mechanic ' s iiens or other liens to be filed or est blished or to remain against the Leased Premises for labor , materials r ervices furnished in connection With ' any additions , modifications � mprovements , repairs , renewals or replacements made to the Leas d Premises , or for any other reason , provided that if the LESSEE sh 11 first notify the LESSOR of its intention to do so and shall ep sit in escrow with the LESSOR a sum of money or a bond or irrevoc bl letter of credit acceptable to the LE5SOR equal to the amount of th claim of lien, LESSEE ma� in good faith contest any such claims or mechanic ' s or other liens filed or established and in such event ay permit the items contested to remain undischarged and unsatisfied d ri g the period of such contest . If, in the opinion of the LESSO , the nonpayment of any such items subjects the Leased Premises to a y loss or forfeiture, the LESSOR may require the LESSEE to use the ,sc ow account to promptly pay all such unpaid items and if LESSEE fai s to pay from the escrow account , the LESSOR may pay and charge the L S EE as Additional Rent . (2¢) gaineat Donain. In t e event the entire Leased Premises are taken by eminent domain, o s ch portion thereof is so taken that in LESSEE ' s reasonable judoe e t it is uneconomic thereafter to restore the Leased Premises and pr ceed under the terms and provisions of this Lease , LESSEE may ter �in te this Lease by giving to LESSOR thirty days ' written notice of �';te mination, effective as of the date on which the condemning autho �.t acquires legal title or ph�sical possession of the Leased Premis s . LESSEE hereby waives and releases any claim to or share in the w rd of Compensation for the taking, notwithstanding any other provi i n of law, this Lease or any other agreement . LESSEE ma� to th xtent otherwise permitted in the eminent domain proceedin�, remo e its own trade fixtures at its or�n espense . 8 . . �� 03�/ (25) DeYanit Hemedies. n he event an Event of Default occurs under paragraph 22 of this Le se , LESSOR may exercise any one or more of the following remedies : (a) reenter and take po session of the Premises without termination of thi Lease , and use its best efforts to lease the Premises t or enter into an agreement with another person for t e account of LESSEE; (b) terminate .this leas , egclude LESSEE from possession of the Premises , and us its best efforts to lease the Premises to or entar into greement with another in accordance with applicable law; (c ) egclude LESSEE fro p ssession of the Premises , with or without terminatin t is Lease and operate the Premises � itself; (d) terminate the Lease , e clude LESSEE from possession of the Premises , sell all o ny part of the Premises at the best price obtainable ( provided such sale is permitted by , applicable law , ) u h sale to be on such terms and conditions as the LES OR , in its sole discretion , shall determine and appl t e proceeds of such sale less any expenses thereof for th account of the LESSEE. (e) egercise any remedie vailable to it under the �Iinnesota Uniform Commercial C de ( f) take whatever action at law or in equity may appear necessary or appropri te to collect the Basic Rent and Additional Rent then du and thereafter to become due , or to enforce performance a d observance of any obligation, agreement or covenant o the LESSEE under this Lease. (g) in ezercising any of it remedies set forth in this Section, the LESSOR may, whet er or not the Lease is then in effect , hold the LESSEE li ble for the difference between the payments and other co t for Which the LESSEE is responsible � under this Lease . No remedy herein conferred upo or reserved to LESSOR is intended to be exclusive of any' other avai ab e remedy or remedies , but each and every such remedy shall be cu u ative and shall be in addition to every other remedy given under this I,ease or now or thereafter egisting at law or in equitp y statute. No delay or omission to eYercise any such right or p we accruing upon any default shall impair any such right or po�rer o shall be construed to be a waiver thereof, but any such right an ower may be ezercised from time to time and as often as may be dee ed ezpedient. In order to entitle the LESSOR to ezercise any remedy re erved to it in this Provision, it shall not be necessary to give an notice , other than such notice as may be herein egpressly require . 9 . . - . , ��'�� Alteratioa$. The LE SE will not make any alterations to the � �26� such consent aot premises without the written consent of the LESSOR, such to be unreasonably �rithheld. Y the LESSEE desires to make any alterations , an accurate des ription shall first be submitted to the approved by the LES50R and s ch alterations shalerformednunder the LESSEE at its own ezpense• 11 such work shall be p LESSOx' S supervision aad any i provements made to the Leased Premises ense shal b come the property oP the LESSOR at the at the LESSEE' S ex eriod. L SS E agrees that all alterations will be end of the Lease p licable done in a workmanlike man er and in confora a building systems of building codes , that the str c ural integrity the building will not be im a' red , and that no liens will attach to � � the premises by reason there f. (27) dmended . Anythi g herein contained to the contrary this Lease ma be terminated , and the provisions of notwithstanding, amended by mutual consent of the this Lease may be , in writi g , parties herein. 1 C�� IN WITNESS WHEREOF, the parties he eto have set their hands and seals the day and year in this Lease f' rs above-Kritten. i�layor , City Clerk Director of Finance and Management Services Department Director City Attorney Form Approval �Z��3�S�3��1��3 S� 3�3��3�S��3 3 3�J��S��3��1'�1�� LESSEE r�1�`� ,`� ' �l I t s �,�.�1,� � �`U�(1(2�7%�ri / > -/ � I t s � �:^�s � � Its 11 ��--�� ` Lgss g BoTSxY STATE OF MINNESOTA ) ) ss . COUNTY OF RAMSEY ) The foregoing instrument wae a kn wledged before me this day of 1 , by George Latimer, Mayor of the City of Saint Paul , a m nicipal corporation of the State of Minneaota, on behalf of said C ' ty of Saint Paul. otary Public STATE OF MINNESOTA ) ) ss . COUNTY OF RAMSEY ) The foregoin� instrument was ac no ledged before me this day of , 1 , by A1 Olson, City Clerk of the City of Saint Paul , a mu i ipal corporation of the State of . ?Kinnesota, on behalf of said Ci y f Saint Paul . N tary Public STATE OF MINNESOTA ) ) ss . COUNTY OF RAMSEY ) The foregoing instrument Was ack o ledged before me this day of , 19 , by Gene Schiller, Director of Finance and Management Ser i es of the City of Saint Paul , a municipal corporation of the St t of Minnesota, on behalf of said City of Saint Paul . No ary Public Lg33g OTABY STATE OF MINNESOTA ) ) ss . COUNTY OF RAMSEY ) The fore ing instrument was ackn wl dged befor me this '`=� d a y o f,' -+�_...� � � 1 `� . bY : � �� .`. -`c�.�r, � its � / � ` AGNES B. HEREM :-�'%, • ,�;,.�..�� ,�,! 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