89-1050 WHITE - CITY CIERK
PINK - FINANCE COl1I1C11 [//+/�/ /���'
BLUERY - MAVORTMENT G I TY O A I NT PAU L File NO• +I • " `�- O- --
Return copy to:
.
Real Estate Div. Room 218 ��unC eso ution �51
�DN) �PW13) __. 1
Presented By �
Referred To Committee: Date
Out of Committee By Date
WHEREAS , Lease Agreeme t W/13 , providin 42 , 700 square feet
of vacant land to the Snell n /Hamline Commun' y Council to be
used for community gardens , e pired on April , lg8g ; and
WHEREAS, the Snelling/ a line Community uncil has
requested that the City acc p , in lieu of $4 200•00 annual rent ,
services in the form of ind' v dual garden plo s and valued at
�5 , 600 •00 which will be pro i ed to the commu ity and which are
described in Exhibit "B" o s id Lease Agreem nt PW/13 ;
THEREFORE BE I1 RESOL ED that the prope City officials are
hereby authorized and dire te to egecute a f' ve year extension
to Lease Agreement PW/13.
r
BE IT FURTHER RESOLVE , hat the proper ity officials are
hereby authorized and dire te to accept , in ieu of rent, the
services described in Exhi it "B" of the sai Lease Agreement
PW/13.
COUNCIL MEMBERS Requested by partment of:
Yeas Nays �
Dimond F•
�� [n av r
Goswitz
Rettman t7 B i
�be;�� _ Aga nst Y
.Senne.
Wilson
1 �� Form Approv Atto y �
Adopted by Council: Date `
Certified a. e b Counci e ar By � ,
By
A►ppr by �Vlavor: Date � Approve yo r mi ' n to Council
B ��� ` �' "
" g�t�p J U N
, . ��la�
F����a�ement Services � GREEN SH ET No. 3 5 9 8�
CONTACT PER80M d PHONE �DEPARTMENT DIRECTOR �qTY OOUNqL
Dave Aielson 298-531 ��A.��, ����
MUS'T BE ON WUNCIL AOENDA BY(DAT� BU40ET DIRECTOH �FIN.d MQT.SERVI�8 DIR.
�MAYOR(OR A8818T �
TOTAL#�OF SIGNATURE PAOES 2 (CLIP L L ATIONS FOR SIONATUF�
���0` To renew Lease Agreement PW/ 3 r five years, fro May 1, 1989 through April 30,
1994, providing to the Snelling/Hamline Co unity Council 42,7 0 square feet of vacant land
adjacent to Ayd Mill Road for use as co u ty gardens, and to accept, in lieu of $4,200.00
annual rent, services valued at $5,600. ich will be provid d to the community.
RECOMMENDATIONS:Approw(IQ a Rysct(F� COUN MITTEE/RESEARCH F�PORT
_PLANNINO COMM�SSION _pVIL 8ERVICE COMMI8810N ""'LLY� Ref erenc e: P�E�'
_asooMMm�e _ Reso ti n for a roval• 2. Sam le co of ease.
COMMEN 8:
-�"� - ECEIVED
—o���,� — RECE!�E p
SUPPORTS W111CN OOUNqL OBJEC7IVE? � N 1 1989
INITUTINO PROBLEM.ISSUE.OPPORTUNITY(Who�Wh�t�WMn,Whsro,Wh�: �
, 1 19�9
Lease Agreement PW/13 expire � D��F��E 1989. � �CE OF
'��0 AN�fNT p�FRECTpR
GEMENT SER�C�S
ADHANT/U�ES IF APPROVED:
The conununity will be provided with serv es valued
at $5,600.00 a yea .
DISADVANTAOES IF IIPPROVED:
N/A
DISADVANTAOES IF NOT APPROVED:
42,700 square feet of vaca t and will be unused
t�r,rr1 Research Center
J�i�1 4 2 'i:;u�J
TOTAL AMOUNT OF TRANSACTION O.OO (�gT/qEVENUE EUDQETED RCLE ONE) YES NO
���gp�p� ACTIVITY NUMBER
FlNANCIAL INFORMATION:(EXPWN)
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CITY OF I T PAIIL
BEAL PgOPEBTY EA E AGxSBIlSHT
Revised 12/23/88 �i Z �
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Authority (C.F. or A. O. ) � � �,
O � "'� .
LEASE N0. .i �]���ilitrit ; �
� ��» ili n �, 3
FINANCE DEPT. LEASE N PW/13 � �
DATE : Ka 1 L 1989 �aa+
LESSOR:
ciT o seirrr PAIIL CITY OF SAINT PAUL
P F IC WORKS
REAL PROPERTY
LESSEE :
SNELLING/ NE CO M Y CO CIL LEAS E AGREEMENT
1573 SEI,BY AV. BM. 319 LI DG.
�
SAINT MN 55104
( 1) Leased Pre�ises. The L SOR, in con ' n of the payment
of the Basic Rent and Addition 1 'ent he r spe �fied to be paid
by the LESSEE , and the covenan s and e rei contained , does
hereby lease , demise and let u to ESSEE t ses hereinafter
referr. ed to as the "Leased r mises " , whose ddress is
The area bounded � Hanline Av n e , Ashland Avenu Mill Road ,
and which is legally described a :
Block 26, Anna E. Ba�sey's Add t on to the C3ty S t Paul. ,�i1-
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consisting o= 42, 700 square fee o vacant land
together with any and all bu ldings , fixtures in such buildings ,
improvements and/or structures , if any, located th reon;
See Exhibit "A" , plan or map f leased area wh ch is incorporated
herein by this reference.
(2) Ter� of Lease. This e se shall be effect for a term
commencing and ending on the d te indicated belo , unless Cerminated
earlier by the LESSOR as provid d herein.
Term (Months/Years ) Comm c ng Date Ending Date
5 years May 989 A ril 3_� 1994
(3) Dse of Premises. Th p emises shall be used and occupied by
LES5EE for the tollowing purpo e :
Comm ni Gardens
and ror no other purpose with ut the prior writt n consent of LESSOR.
(4) Basic &ent. Rent sh 11 be paid by the ESSEE in advance ,
on the first day of the term o he lease and on he first day of each
and every payment period th r after as indic ted in the Payment
Schedule below:
Total Basic Rent Payment Sched e
Annual rent (Commencing a e - Monthly/Ann lly - $ per Period)
$4, 200.00 May 1� 1989 ee Paragraph 28 See Paragraph 28
LESSEE shall make all paymen s f Basic Kent a d Additional Rent to
LESSOR at the followin� addre s :
City of Saint Paul, De artsen o Pnblic Works
25 W. Fourth Street , City Hal nea Safnt Paul 1�IN 55102.
The applicable account number 'fo City Finance A counting Code is :
121 1- 801
(5) Additional Bent. T e LESSEE shall pa all Additional �ent .
Additional ltent means all amo n s , other than B sic Rent provided for
ia paragraph 4 above , which LE SEE shall be o ligated to pay under
this paragraph or other pro is ons of this Le se. Additional Rent
includes , but is not limit d to , the follo ing fees , costs and
expenses : ( a ) all utiliti, s including wa er , electric , gas ,
telephone , sewage and garbag c 1lection and d sposal; (b) costs for
the repairs , improvements or a terations requi ed to be nade by the
LESSEE in paragraph 12 of t i Lease ; ( c ) a 1 taxes on realty or
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personalty , general or specia ; and ( d ) all p blic rates , dues ,
charges and assessments , gene al or special , of any kind upon the
Leased Premises ; and (e) property insurance premi m and/or uninsured
losses as set forth in paragrap s (c) and (d) of this Lease. In the
event that LESSEE does not m k such payment ( or any payments
required to be paid as Addition 1 Rent) , LESSOR n make the payments
at its option , and the payment o paid become ditional Rent , and
are due and payable by the LESS E with the paymen of Basic Rent next
required after written notice o s me to the LESSE by LESSOR.
(6) Taaes. LESSEE shall b esponsible for d pay all taxes and
assessments against the Leased r mises , except t t LESSEE may at its
own expense contest and challen e the imposition amount of any such
tax or assessment in accordanc ith law; provid d , however , that in
the event this Lease is termin te by either part , LESSOR may at its
option require the LESSEE to p y uch contested t xes pending appeal ,
to place in escrow a sum suf f i i nt to pay said axes , or take other
action which will remove said c ntested taxes an encumbrance to
title or as an exception to th t ansferability o marketable title to
the Leased Premises .
(7) Bight of Entr . At 11 times during th term of this lease ,
the LESSOR shall have the righ , by itself , its gents and employees ,
to enter into and upon the Lea e Premises durin reasonable business
hours for the purpose of exami i g and inspectin the same.
(8) LBSSEE'S Insurance. ES EE shall mainta n during the term of
this lease and upon the Leas d Premises certa insurance coverage
which is described as follows :
(a) WORKERS ' COMPENSATIO I SURANCE with c erage not less than
the statutory limits an EMPLOYERS ' LI ILITY INSURANCE with
limits of not less t an
$100 000 PER ACCID NT
(b) COMPREHENSIVE GENERA IABILITY insura ce including blanket
contractual liabi ity coverage and personal liability
coverage with a comb ne single limit o not less than :
$600 000 PER OCC RENCE
such insurance shal : 1 ) name the Ci y of Saint Paul , its
elected and appoin e officers , emp oyees and agents as
additional insureds ; ( ) be primary wi h respect to LESSOR' S
insurance or self—i su ance program; 3) contain a standard
cross liability en o sement ; ( 4 ) n exclude explosion ,
collapse and underg ou d property dama e ; and (5) be written
on an "Occurrence" For policy basis.
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(c) PROPERTY INSURANCE. T e LESSOR shall be respoasible for and
obtain the property in ur nce of the Rea Property owned by
the LESSOR The LESSEE sh 11 pay as addi onal rent the cost
of the LESSOR' S proper y nsurance premi . With respect to
LESSOR' S property loss s not covered by nsurance, it shall
be the responsibilit o the LESSEE t pay all costs to
repair or replace the d maged property with like kind and
within a reasonable ti e. In the event f a loss covered by
the LESSOR' S insurance p licy, the LESS E shall pay to the
LESSOR the policy deduct ble in the amo t of $25 ,000. Any
uninsured losses and pa ment of the i surance deductible
shall be considered s dditional Ren . LESSEE shall be
responsible for insu a ce or self in urance of its own
property.
(d) The policies required in Paragraphs 8 (a and (b) shall name
LESSOR as an insured , an shall be endo ed to indicate that
the insurer cannot c nc 1 or change t insurance without
firs[ giving the LESS R 30 days ' prior ritten notice. The
policies shall be en o sed to indicat that the coverage
shall not be invalid u to any act or mission on the part
of the LESSOR.
(e) The insurance shall e placed with r ponsible insurance
companies authorize a d licensed to do business in the
State of Minnesota an pproved by LESS R, and copies of the
policies shall be del ve ed to LESSOR o the date of LESSOR' S
execution of this a r ement . If su h policies are not
delivered to the LES OR as provided , t e LESSOR may at its
option terminate the Le se or place th insurance itself and
bill the LESSEE for t e cost of coverag as Additional Rent.
(f ) It is specifically nd rstood and ag eed that all of the
proceeds of the insur n e policies unde Paragraph 8 (a) , (b)
and ( c ) shall belon t and be payabl to the LESSOR, and
that the LESSOR, aft r application of such proceeds to the
loss , may apply any emaining pro eeds to a separate
noninsured loss of th LESSEE arisi g out of the use or
condition of the Leased Premises .
(g) If for any reason an o the insurance ereunder is void, the
LESSEE is responsibl o the LESSOR fo the total amount of
the uninsured loss.
(9) Cancellation or Ter i tion. This le e shall be subject to
cancellation and termination b LESSOR at any time during the term
hereof by giving the LESSEE no ice in writing at ninety (90) days ,
(thirty ( 30) days for leases with a term of o ( 1 ) year or less or
any month—to—month tenanci s ) in advance o the date when such
termination shall become eff ct ve. In the eve t of such termination
any unearned rental paid by th LESSEE shall e returned to LESSEE
without interest.
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(10) Notice. All notices h rein provided t be given, or which
may be given by either party o the other , shal be deemed to have
been fully given when served p r onally on LESSO or LESSEE , or when
made in writing and deposited in he United State Mail , certified and
postage prepaid , aad addressed to the LESSEE at t e address stated on
page ( 1 ) and to the LESSOR at h Division of Va ations , Real Estate
Section , 218 City Hall , Saint au , Minnesota 55 02. The address to
which the notice shall be ma le may be change by written notice
given by either party to the othe . Nothing here n shall preclude the
giving of such address change ot ce by personal ervice.
( 11 ) Assignment and Subl t in . LESSEE hall not assign or
sublet this Lease without the w itten consent f the LESSOR, which
consent must be obtained prio t the execution of any agreement to
sublease the Leased Premises .
( 12) Maintenance and Re ir . LESSEE shall at its own cost and
expense , be responsible for al r pairs , maintena ce and upkeep of the
Leased Premises , including but no limited to eme gency repairs of any
kind ; routine maintenance and re air to keep th Leased Premises in
good repair , safe and in com li nce with appli able fire , health ,
building and other life—safety c des ; and all re airs and maintenance
needed to keep the buildings r tructures on th Leased Premises in
good condition , including ( a the exterior ( i luding windows and
doors ) and interior structure f the buildings o structures , (b) the
roof or roofs , ( c ) the heat ng ventilating d air conditioning
systems therein , (d) all electr cal , plumbing, ighting , mechanical
systems , fire suppression equ pm nt i. e. fire s rinkler system; and
(e) all grounds , fences and roa s within the L ased Premises. The
foregoing obligations shall bi d he LESSEE regar less of the cause of
the damage or condition necess ta ing the repair r maintenance.
(13) Paynents in Case of ef ult. LESSEE all pay LESSOR all
costs and expenses , including ea onable attorney s fees in any action
brought by LESSOR to recover a y rent due and unp id hereunder , or for
the breach or default of any of he covenants or agreements contained
in this Lease , or to recover p ssession of said p operty , whether such
action progresses to judgment r ot.
(lb) Surrender of Presise . The LESSEE , at the expiration of
said term , or any sooner t rm nation of thi lease , shall quit
peacefully and surrender p s ession of sai property and its
appurtenances to LESSOR in as o d order and con tion as the property
was delivered to the LESSEE.
( 15) Iade�aity. The LESS E agrees to indem fy , defend , save and
hold harmless the City of Sa n Paul and any gents , officers and
employees thereof from all laims , demands , ctions or causes of
action of whatsoever nature o c aracter, arisin out of or by reason
of the Lease of the herein d s ribed premises y the LESSOR to the
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LESSEE , or the use or condition o the premises o as a result of the
operations or business activiti s taking place on he premises. It is
fully understood and agreed tha ESSEE is aware f the conditions of
the Leased Premises and leases he same "as is. "
( 16) Holdover. Any holdo 'er after the ex iration of the term
of this Lease shall be allowed n y after receivi the written consent
of the LESSOR. Said tenancy sh 1 be deemed to b a tenancy only from
month—to—month. All of the ot e terms and cond tions of this Lease
shall be applicable.
(17) Pollution and Contan n nts. LESSEE a rees to comply with
all ordinances , laws , rules and regulatio s enacted by any
governmental body or agency rel ting to the co trol , abatement or
emission of air and water cont mi ants and/or th disposal of refuse ,
solid wastes or liquid wastes.
LESSEE shall bear all cost an xpense arising rom compliance with
said ordinances , laws , rules o regulations d shall indemnify ,
defend , save and hold harmles ' ESSOR from all iability , including
without limitation , fines , f r eitures , and p nalties arising in
connection with the failure by L SSEE to comply ith such ordinances ,
laws , rules or regulations. ES OR has the rig to perform cleanup
and charge the LESSEE as Additi nal Rent for s ch costs should the
LESSEE fail to comply.
( 18 ) Coatrolling Lease . n the event here is any prior
existing lease or rental agre me t between LESSE and LESSOR (or its
predecessor in interest ) coverin the subject p perty , it is agreed
and understood that this Leas hall cancel an terminate any prior
leases or rental agreements as of the effective d te of this lease.
( 19) Destruction. In th e ent of damage to or destruction of
the Leased Premises or in the ev nt the premises becomes untenantable
or unfit for occupancy due t uch damage dur ng the term of this
Lease , LESSOR may at its opt ' o :
(a) terminate the lease upon fifteen ( 15 ) days ' written notice
to LESSEE; or
(b) within fifteen ( 15 ays agree to estore the premises
within a reasonabl ime period fol owing the casualty ,
charging the costs n excess of the i surance proceeds , if
any , to the LESSEE s dditional Rent ; or
(c) may direct that LES EE promptly resto the Leased Premises
to substantially th c ndition existin immediately prior to
such damage or des ru tion, and for hat purpose , if such
damage or destructi n was caused by rils insured against
the LESSOR shall ma e vailable to LE EE pro—rata , as work
progresses , the ne roceeds of suc insurance . If such
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proceeds are insuffic en to pay the e ire cost thereof ,
LESSEE agrees to pay s dditional Rent , a lump sum payment
( or in a form agree upon by the LES OR ) equal to the
remainder of such cost.
The Basic Rents to be paid du in the restorati n period shall be
abated in proportion to the perce tage of loss an impairment of the
use of the Leased Premises as de ermined by the LESSOR, times the
number of days of loss or impai me t.
(20) Events of Default. A y f the followi events occurring
during the term of this Lease sha 1 constitute an event of default by
the LESSEE :
(a) the filing of a peti ion to have SSEE adjudicated
bankrupt or a peti io for reorganiz tion or arrangement
under any laws of th nited States re ating to bankruptcy
filed by LESSEE ;
(b) in the event a petit on to have LESSEE djudicated bankrupt
is filed against L S EE , the failu e to dismiss such
petition within ni et ( 90 ) days fr the date of such
f iling ;
(c) the assets of LESSEE o of the busines conducted by LESSEE
on the Leased Premi es be assumed by ny trustee or other
person pursuant to a y ' udicial proceed ngs ;
(d ) LESSEE makes any ass g ment for the be fit of creditors ;
(e ) the failure by LESSE o timely pay Ba c Rent or Additional
Rent as required by th s Lease ;
(f ) the failure by LESS E to observe and erform any covenant ,
condition or agre m nt on its par to be observed or
performed as requir d y this Lease ; o
(g) the failure by LESS E r its surety to discharge , satisfy or
release any lien or li n statement fii d or recorded against
the Leased Premises wi hin sixty days fter the date of such
filing or recording ' w ichever date is earlier.
It is an express covenant a d agreement of L SSOR and LESSEE that
LESSOR may , at its election , te minate this Lea e in the event of the
occurrence of any of the ev n s described in this paragraph or in
paragraph (23 ) relating to ie s by giving no less than ten days '
written notice to LESSEE; an hen so terminat d , LESSOR may reenter
the Leased Premises . This L as and its Leased Premises shall not be
treated as an asset of LESSEE s estate. It is further expressly
understood and agreed that L SS R shall be enti led upon such reentry ,
notwithstanding any other p ov sion of this L ase , to exercise such
rights and remedies as are pr vided in Defau Remedies Section of
this Lease.
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(21) Compliance with Laws. he property des ribed herein may be
used for only the purposes t ted herein . t is the sole and
exclusive responsibility of th L SSEE in the us of the property to
comply with any and all laws , r l s , regulations ordinances imposed
by any jurisdiction affectin he use to whi h the property is
proposed to be put. Iaability r failure on the rt of the LESSEE to
comply with any of said laws , ru es , regulation or ordinances will
not relieve the LESSEE of the ob igation to pay the renta2 provided
herein.
(22) Non—Discriaiaation. Th LESSEE for h mself , his personal
representatives , successors in in erest and assig s , as a part of the
consideration hereof , does her b covenant and gree , as a covenant
running with the land , that
( 1 ) no person , on the ground of race , sex , color creed ,
religion , age , dis bi ity , marital tatus , status with
respect to public as is ance or nation origin or ancestry
shall be excluded ro participatin in , be denied the
benefits of or be o he wise subjected o discrimination in
the use of said faci it es ;
(2) that in connection w' th the constructio of any improvements
on said lands and t e furnishing of ervices thereon , no
discrimination sha 1 be practiced the selection of
employees and contra t rs , by contract rs in the selection
and retention of fi s —tier subcontra tors , and by first—
tier subcontractor n the selecti n and retention of
second—tier subcontr ct rs ;
(3) that such discrimina i n shall not be racticed against the
public in their ac es in and use o the facilities and
services provided or as public acc mmodations ( such as
eating , sleeping , re t and recreat on ) constructed or
operated on the Leas d Premises ; and
(4) that the LESSEE sha l use the premis in comp2iance with
all other requireme ts imposed pursua t to the Saint Paul
Legislative Code Cha t r 183 .
(23) Liens. The LESSEE sh 11 not permit mechanic's liens or
other liens to be filed or est b ished or to rem in against the Leased
Premises for labor , materials r services furnis ed in connection with
any additions , modification , improvements , epairs , renewals or
replacements made to the Lea ed Premises , or r any other reason,
provided that if the LESSEE s all first noti y the LESSOR of its
intention to do so and shall e osit in escrow ith the LESSOR a sum
of money or a bond or irrevo ab e letter of cr it acceptable to the
LESSOR equal to the amount of t e claim of lie , LESSEE may in good
faith contest any such claim o mechanic ' s or other liens filed or
established and in such eveat ma permit the ite s contested to remain
undischarged and unsatisf ied u ing the period f such contest. If ,
in the opinion of the LESS R the nonpaymen of any such items
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Sminent Domain. In t e event the en ire Leased Yremises
are tatcen by eminent domain , o s ch portion ther or is so taicen that
in LESSEE ' s reasonable judge e t it is uneco omic thereafter to
restore the Leased Premises and p oceed under the terms and provisions
of this Lease , LESS�,E may ter in te this Lease y giving to LESSOR
thirty days ' written notice of t rmination , effe tive as of the date
on which the condemning autho ity acquires leg title or physical
possession of the Leased Premi es . LESSEE hereb waives and releases
any claim to or share in the Aw rd ot Compensa ion for the taking,
notwithstanding any other prov' s on of law, thi Lease or any other
agreement . LESSEE may to t e extent otherwi e permitted in the
eminent domain proceeding , re ov its own trade fixtures at its own
expense .
(25) Default Remedies. I he event an Ev nt of llefault occurs
under paragraph ( 'LUj or this e se , L�,SS012 ma exercise any one or
more of the following remedies
(a) reenter and take o session of th Premises without
termination of thi ease , and use its best efforte to
lease the Premises t or enter int an agreement with
another person for t e account of LESS ;
(b) terminate this leas , exclude LESSEE from possession of
the Premises , and use ts best efforts to lease the Premises
to or enter into n greement with nother in accordance
with applicable law;
�c) exclude LE�SSEE fro ossession of t e Premises , with or
without terminatin his Lease and perate the Premises
itself ;
(d) terminate the Lease , xclude LESSEE f om possession of the
Premises , sell all r any part of th Premises at the best
price obtainable ( p ovided such s le is permitted by
applicable law , ) s ch sale to b on such terms and
conditions as the LE SOR , in its s e discretion , shall
determine and app y tne proceeds o such sale less any
expenses thereof fo t e account of t LESSEE.
(e ) exercise any remed es available to i under the Minnesota
Uniform Commercial o e ;
(f ) take whatever ac i n at law or i equity may appear
necessary or appr p iate to collec the Iiasic Rent and
Additional Rent the ue and thereaft r to become due , or to
enforce performanc and observance of any obligation ,
agreement or coven ' t of the LESSEE u der this Lease.
(g) in exercising any f ts remedies set forth in this Section ,
the LESSOR may , wh th r or not the L se is then in effect ,
hold the LESSEE i ble for the d ff2rence between the
payments and other co ts for which th LESSEE is responsible
under this Lease.
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(g) in exercising any of t remedies set f th in this Section,
the LESSOR may , whet 'er or not the Leas is then in effect ,
hold the LESSEE li bl for the diff rence between the
payments and other co t for which the SSEE is responsible
under this Lease.
No remedy herein conferred upo r reserved to L SSOR is intended to
be exclusive of any other avai a le remedy or re edies , but each and
every such remedy shall be cumu ative and shal be in addition to
every other remedy given un er this Lease or now or thereafter
existing at law or in equity by statute . No d lay or omission to
exercise any such right or p w r accruing upo any default shall
impair any such right or power o shall be cons rued to be a waiver
thereof , but any such right a d power may be ex rcised from time to
time and as often as may be de me expedient. In order to entitle the
LESSOR to exercise any remedy r served to it i this Provision, it
shall not be necessary to give a y notice , other than such notice as
may be herein expressly requir d.
(26) Alterations. The LESS E will not make a alterations to the
premises without the written con ent of the LESS R, such consent not
to be unreasonably withheld. If the LESSEE desi es to make any such
alterations , an accurate descr p ion shall first be submitted to and
approved by the LESSOR and s c alterations s all be done by the
LESSEE at its own expense. A1 s ch work shall b performed under the
LESSOR' S supervision and any i p ovements made t the Leased Premises
at the LESSEE ' S expense shall ec me the property of the LESSOR at the
end of the Lease period. LES EE agrees that al alterations will be
done in a workmanlike manne nd in conforma ce with applicable
building codes , that the struc u al integrity an building systems of
the building will not be impa r d , and that no iens will attach to
the premises by reason thereof
( 27 ) Aaended . Anything erein contai ed to the contrary
notwithstanding , this Lease m y e terminated , d the provisions of
this Lease may be , in writi g amended by mu ual consent of the
parties herein. ,
10
-. � � ��-io�
IN WITNESS WHEREOF, the partieslhe eto have set t ir hands and seals
the day and year in this Lease fir t above—written
Kayor
City Clerk
Director of Fi nce and
Management Servi ces
Department Dir tor
City Attorney (Form Approval )
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LESSEE
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� Snelling EXHIBI
� „ „ R� ����D ��y ias`°
: a
p � Hamline PAGE 1 a� v�syn
� Real �,��e&�anagement�e��
,� COI'Y1IYl U I11 t}� De
� � Council
1573 Selby Ave. • Liberty State Bank Bl . . 319 • St Paul, 551(� � (612) 644-1 U85
Mav �L, iyrsa
Uave Nelsr,n
keal Estat.e Manager
��itY of St. Ya�.�l
L�epartmant• of Finance an \ M agement �ervic s
keal Estate I�ivisi�n
218 City Hall
St. Patil, MN 55102
�uh,iect: Lease Agreement PW 13
Enclosure: Map of Commun t Garden
Dear Mr. Nelson:
The a8reements are enclo e tor the sub,iec lease tor an
additional five years.
The property is used as ommunity �arden uring the summer
months and als� as a pl rea year around
Thare are 28, 15 foot b 2 �oot garden pl ts managed by the
council, and leased at r te of �15 per p ot per year.
The �o�ancil per�'orms th f llowing tasks i the manaSement
of the property.
Plot kental
� Current year cont a developed
• �ublicity tnews r 1 ases and newsle er notices )
• Letter with contr c to potential 1 sees
• Assign�pent of plo s based on previo usage,
residency, and preferen e
• Confirmation of p o assignments wi lessees
, ` . . �� ����os�
XH BIT "B"
P GE 2
Water Administration
• Arrange �or water t b turned on by t e water utility
• Accounts payable
Tilling Administratic�n
• uet quotes f�r tili ng
• Evaluate services v , osts
• Select and hire til in contractor
s �upervise tilling ( o gardeners pre� r to not have
their plot tilled because of perennials etc.
• Hccounts payable
Tha administration ot the c unity garden t es an
estimated 5 weeks of tc�ta ime over the ys . At $1�� per
hour this equals $Z, OU0. 0 ( $1�x5x�0 hours r week) . Other
costs in a year ( based on t e last one year eriod) are �225
for tilling and �127. 70 t r water, equaling 352. 7�.
If the Citv were to provi e the ser�ri�e it � estimate�l that
it wn�ald cost the taxpaye s $4352. 7c�. This igure is based
on the $lU per hour numbe d �1V per hour verhead
cgeneral and administrati e �har�es ) .
If the recipients were t 1 ase these plots lsewhere it is
estimated that their tot 1 ost would be �5 'OU. 00. This is
based on 28 plots at $50. OU per month for 4 onths during
the year, assuming that hi would be possi le to do at all. �
The dc�llar values are al c nsidered to be onservative
estimates. This seems t .i sti�y a decisio ta lease the
pr�perty at no cost to t e nelling Hamline Community
�.c+unc i 1 t or the next r iv y ars.
Cordially. '
� �
Ed Bower
Community Organizer �
, , UnN�rYlp Aw. ��—�0��
Snelling E I IT "B"
� � PA E 3
� Hamline
� ,� Community
,
�
� � Council
1573 Sc:iby A��c. • I,ibc;rty St.�.ttc I3unic I31 �. IZitt. 319 • St. I'aul, IN 551(� • (612) 6�f4-lUHS
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