89-1217 NIHITE - CITV CLERK �
PINK - FINANCE G I TY O A I NT PA U L Council (/.��
CANARY - DEPARTMENT �/ -Ia�7
BI.UE - MAVOR File NO.
Return copy to: • '�
Real Estate Division� Rm. 218 Qun�Z esolution ��
(�N) (Granite) �
Presented By
Referred�o Committee: Date
Out of Committee By Date
WHEREAS , Lease Agreeme t CS/30 between the State of
, Minnesota Department of Tra s ortation and the City of Saint Paul
Department of Community Ser ic s of approgimately 21 , 500 square
feet of vacant land located on the west side of I-35E between
Granite and Cayuga Streets nd known as the Cayuga Playground
egpired on April 30, 1g89 ; nd
WHEREAS , the State of in esota Department of Transportation
has offered to eztend the s id lease agreement for three years,
from May 1, lg8g through Ap il 30 , 1992 at the rent of $175 .00
for the first year, $200.00 fo the second year, and $250.00 for
the third year; and
WHEREAS , the City of S in Paul Department of Community
Services wishes to continue th said lease agreement; and
WHEREAS , the Real Esta e ection of the Department of
Finance and T�Ianagement Serv' ce has determined that the rent does
reflect the market value of th property;
THEREFORE BE IT RESOLV D, that the proper City officials be
authorized and directed to xt nd Lease Agreement #CS/30 for a
term of three years .
COUNCIL MEMBERS Requested by Department of:
Yeas Nays
Dimond Fina & Mana ement rvices
�� In Favo
��
Rettman
Scheibel Against BY � D' r
Sonnen �' `( ��
,�� G�y,-r� ��
JUL 1 � Form Appr City At rn �p��
Adopted by Council: Date `�1����
t�j/'Ji
Certified Pa' Co nci . r By
B� r .r
A►pprov Mavor: Date Appr d by Mayor for Sub ' i
By
PIIBII�D J U L 2 2 l 9
� . _ . �����r
DEPARTMENTlOFFlCE/COUNpL DA IN
Finance & Ma.nagement Services 6 15 9 GREEN SHEET No. 3 6 0 6
CONTACT PER80N 8 PFIONE INITIAU DATE INITIAUDATE
Dave Nelson 298-531 DEPARTMENT DIRE �CITY COUNqL
NUMlER CITY ATTOFiNEY �GTY CLERK
MUST BE ON COUNGL AGENDA BY(DI►T� ROUTINO BUDOET DIRECTOR �FIN.d MOT.SERVICE8 DIR.
MA1fOR(OR A8818T �
TOTAL#►OF SK#MATURE PA�8 1 (CLIP AL L TIONS FOR SIQNATUR�
�cnoN r�ouesTEO:
To extend Lease Agreement CS/30 of Cayug P ayground for three years from May 1, 1989
through April 30, 1992. Reference: 1. Sa ple copyo uf Lease Agreement; 2. Ma.p
showing location of sub3ect property; 3. R solution for enactment.
REC��TwNS:�w�.w«R.�.a c�n coUNdL n�r�►nai r�PO�r o�noN�
_PLANNINQ OOMMIBSION _pVIL 8EHVICE COMMI8810N �ALYBT PNONE NO.
_qB OOMMITTEE _
_STAFF _ �MENTS
—���,� _ R��F��
SUPPORTS WHICH COUNqL OBJECTIVE? �D
o %N
INITIATINfi PROBI,EM.ISSUE.OPPORTUNITY(Wlw��Nhet�When�WMre�Why); �'/� O�. 9p
PRO BM
qN �R «9
Lease Agreement CS 30 expired on April 30,�T����TQ���RFC
�t'i�NT Fi,yq�coR
�£R��C S
ADVANTAOES IF APPROVED:
Community Service w 11 continue to operate Cayuga
Playground.
DISADVMITIKiE81F APPROVED:
The City will pay $625. r ntal over the three-year term
of the Agreement.
DI8ADVANTAQEB IF 1�'T APPROVED:
Cayuga Playgr nd would be abandoned.
Council Research Center.
� � J�iV 2 7 i��9
TOTAL AMOUNT OF TRANSACTION C)ZS.OO C08T/I�VENUE BUDOETED(qRCLE ON� YEg NO
�����001-031 2-02 9-33006 ACTIVIT1f NUMBER
FlWWpAL INFORMATION:(EXPWI�
NOTE: OOMPLETE DIRECTIONS ARE INCLUDED IN THE C3REEN SHEET INSTRUCTIONAL
MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO.298-4225).
ROUTING ORDER:
Below are preferred routings for the five most frequent rypes of documeMs:
CONTRACTS (assumes authorized COUNCII RESOLUTION (Amen , Bdgts./
budget exists) Acce .Granta)
1. Outside Agency 1. DepertmeM Director
2. Initiating Department 2. Budget Director
3. Gry Attomey 3. Gry Attomey
4. Mayor 4. MayodAesistant
5. Finance&Mgmt Svcs. Director 5. Gry Council
6. Finar�ce Aa:ounting 8. Chief Accountant, Fn 8�Mgmt cs.
ADMINISTRATIVE ORDER (Budget COUNCIL RESOLUTION (all others
Revision) and OR NANCE
1. AcEivj�y Manager 1. Initiating DepaRmeM Director
2. -;[iBp�Rment AccountaM 2• atY AttomeY
3. '--�epartment�i�tor 3. Mayor/Assistant
4. B Di'rectb� ''` 4. City Council
ud9e�; �;i..�
5. City Clerk � � `•
y 7
6. CMlef Accounte�iE;�in=�sNfg�t`8�cs.
.kY� �.�.,�i�� �L�:.t"
ADMI. 11 71�E'Opp�i� (all others)
1.'s"•-lnittating DapaF�ment
2. �;G�Ity,:R�ttorney
3. IGF�ydr/AssistaM
4. ' Ciry Clerk
TOTAL NUMBER OF SIGNATURE PAGES
Indicate the#of pages on which signatures are required and peperclip
each of these pages.
ACTION RE(aUE3TED
Describe what the project/requeat seeks to accompliah in either chronologi-
cal order or order of importance, whichever is most appropriate br the
issue. Do not write complete aentences. Begin each item in your list with
a verb.
RECOMMENDATIONS
Complete if the issue in question has been presented before any body, public
or private.
SUPPORTS WHICkI COUNCIL OBJECTIVE?
Indicate which Council objective(s)your project/request supports by listing
the key word(s)(HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPME ,
BUDGET, SEWER SEPARATION). (SEE COMPLETE UST IN INSTRUCTIONAL MANUAL.)
COUNCIL COMMITTEE/RESEARCH REPORT-OPTIONAL AS REGIUESTED BY OOUNCIL
INITIATING PROBLEM, ISSUE,OPPORTUNITY
Explain the situation or conditions that created a need for your project
or request.
ADVANTA(3ES IF APPROVED
Indicate whether this is simpy en annual budget prxedure required by law/
charter or whether there are specfflc wa s in which the City of Salnt Paul
and its citizens will benefit from this pro�ecUaction.
DISADVANTA(3ES IF APPROVED
What negative effects or major changes to existing or psst proc�sees migM
this projecUrequest produce if it is passed(e.g.,tretflc delays, noise,
tax increases or assessments)?To Whom?When? For hrnnr long?
DISADVANTAGES IF NOT APPROVED
What will be the negative consequences if the promised action is not
approved? Inability to deliver service? Continued high traffic, nase,
- axident rate?Loss M revenue?
FlNANGAL IMPACT
AItF�gh you must tallor the information you provide here to the issue you
are addressing, in general you must answer rivo questions: How much is it
going to costT Who is gang to pay?
� . - � � � ��,_��i�
Minnesota Depa t ent of Transportation
Of f ice o Right of Way
Room 511, T an portation Building
St. Paul M' nnesota 55155
(6 2 296-3226
S.P. 6235 ( 10=113) 901 *02-002 LEASE NO.
PARCELS 103� 103A, 104 and 105 H-4435 REV.
CO E CIAL LEASE
THIS LEASE, made the Ninth da o June , 1989� at St. Paul � Minnesota �
by and between the State of Minn sota , Department of Transportation�
Lsndlord , and the City of St. Pa 1 � Tenant.
Mail lease �ve Nelson
Supervisor of ea Estate
218 C i ty Ha 11
St. Pau , Minn so a 55102.
�
; W I E S S E T H
In �onsiderati of inent o t e rent hereinafter specified to be
paid bp..Te� nt and t� ov nt and agreements herein contained ,
��
. d''�3
Landlord hereby s Ten n tha t certain property ( herein called
h.�
the Premises) in the ounty msey� State of Minnesota , the address
�„F:
of which is the Wes Sid b ween Granite and Cayuga Streets,
�; ��� v�
�
St. Paul � Minneso ta . ��R'`
Type of Property: Vacant Land �
���:��:.�.
Legal Description :
All of Lot 14� Block 1� d nd Riace ' econd Additi �o the
City of St. Paul � accord ng to the thereof now n i�,e and
of record in the office f the Regis of De s ' d T��° .
Ramsey County. �-� '�.,�
All those parts of the f 1 owing descri t ct > ying, westerly
of a line 28 feet distan esterly of and parall to e
centerline of the west f o tage road to T.H. 35E ;� w as
L 'Orient Street:
Lot 15, Block 1, Ed u d Rice ' s Second Addition to the City
of St. Paul � accord ' n to the plat thereof now on file and
of record in the of i e of the RegistPr of Deeds in and for
Ramsey County, Lot 3 and that part of Lot 22r Auditor' s
Subdivision No. 8� ' t Paul , Minnesota , according to the
plat thereof on fil nd of record in the office of the
Register of Deeds i nd for Ramsey County� lying east of
the northerly exten i n of the west line of Lot 14, of Block
1� of Edmund Rice ' s S cond Addition to the City of St. Paul .
� � � � � ��c-�a��
including improvements, if any� or the term of thirty-six months
commencing on May 1, 1989 and n ing on April 30, 1992� with the right
of termination in both Landlor nd Tenant as hereinafter set forth.
IT IS AGREED:
1. RENT. Tenant shall pay t L ndlord as rent for the Premises the
sum of $625. 00, in payments a f llows: $175. 00 on the First day of
May, 1989; $200.00 on the Fir t ay of May, 1990� and $250.00 on the
First Day of May� 1991. Rent pa ment is to be mailed or delivered to
Landlord ' s finance office as ol ows:
Department of Transportatio Make checks payable to :
Office of Financial Managem nt
Accounting Department Commissioner of Transportation
461 Rice Street
St. Paul � Minnesota 55103
2. PREPAID RENT. Tenant has pa 'd to Landlord the sum of $175.00 as
rent for May 1, 1989 to April ' 30 1990.
3. USE OF PREMISES. Tenant il use the Premises for the following
purpose only: Playground.
It shall be the sole responsi ility of Tenant to comply with all laws ,
regulations , or ordinances im o d by any jurisdiction governing the
use of the Premises. Failure to comply will not relieve Tenant of the
obl iga tion to pay ren t.
4. MAINTENANCE AND REPAIRS. T ant shall keep the Premises in good
condition at Tenant' s own exp n e , and shall not call on Landlord to
make any improvements or repa r .
5. UTILITY CHARGES. Tenant h 11 pay when due all utility charges
and any other charges or expe s s connected with Tenant' s use of the
Premises.
6. NOTICES. All notices her i provided to be given � or which may be
given , by either party to the o her� shall be deemed to have been
fully given when served perso a ly on Landlord or Tenant, or when made
in writing and deposited in e United States mail and addressed as
fol lows: To Tenan t a t the ma il r►g address above sta ted and to
Landlord , Department of Trans o tation � at the State Transportation
Building , Office of Right of a � St. Paul , Minnesota � 55155. The
address to which notices are ' a led may be changed by written notice
given by either party to the t er as herein provided.
7. CANCELLATION. This leas s all be subject to cancellation by
either party at any time dur 'ng the term hereof by giving the other
party notice in writing at 1 as sixty days prior to the date when the
cancellation shall become ef ec ive. Furthermore , this lease shall be
� . � ��-/�/7
subject to cancellation by Lan l yd if the Premises becomes needed for
highway purposes (as determine olely by Landlord) by givinq Tenant
notice in writing at least 10 a s prior to the date when the
cancellation shall become effe t ve. In the event of cancellation any
unearned ren t pa id by Tenan t s a 1 be re turned.
8. INDEMNIFICATION AND RELEA E. Tenant shall defend , indemnify, save
harmless, and release Landlor a d Landlord' s employees from and
against all claims , demands, a d causes of action for injury to or
death of persons or loss of o d mage to property ( including Tenant
and Tenant' s property) occurr ' ng on the Premises or connected with
Tenant' s use and occupancy of th Premises � regardless of whether such
injury� death, loss, or damag i caused in part by the negligence of
Landlord or is deemed to be t e esponsibility of Landlord because of
its failure to supervise , ins ec � or control the operations of Tenant
or otherwise discover or prev nt actions or operations of Tenant
giving rise to liability to a y erson.
9. LIABILITY INSURANCE. Ten nt shall maintain during the full term
of this lease a policy of pub ic liability insurance with the
following minimum limits of 1 ab ' lity:
Bodily Injury and Property Da 'ag Combined $500� 000 Each Occurrence
$500, 000 Aggregate
The insurance policy shall in lu e the coverage provided by one of the
following policies , consisten w' th the risk involved : Comprehensive
General Liability ; Premises-O er tions Liability ; Owners' � Landlords' �
and Tenants' Liability ; Manuf c rers' and Contractors' Liability.
Prior to execution of this le se by Landlord , the Tenant shall have a
Certificate of Insurance sent to Landlord as proof of coverage. The
Certificate shall name the St te of Minnesota as Additional Insured
and shall designate the lease remises as the location covered by the
policy.
10. FIRE INSURANCE. None re u ' red . Tenant will make no claim
against Landlord arising out f any loss to the Premises.
11. RIGHT TO ENTER. Tenant h 11 allow Landlord , Landlord ' s
contractors, and utility comp n 'es to enter upon the Premises for any
of the following purposes: t urvey the land , to take soil borings,
to perform utility relocation w rk� or to make emergency repairs
required for highway safety. I addition, Tenant shall allow Landlord
to enter upon the Premises to i spect� maintain � and repair any
overhead bridge and its structu al supports. If any of these
operations substantially rest i t the Tenant' s use of the Premises ,
rent shall be reduced propor io al to the restricted use of the
Premises for the period of t estricted use . Tenant shall allow
Landlord to inspect the Premise and to show the Premises by
appointment to prospective b e s or renters. Before entering the
Premises for any of the purp se under this paragraph 11� Landlord
will make a reasonable effor t notify Tenant� provided , however �
that in case of an emergency af ecting highway safety ( the existence
of which shall be determined so ely by Landlord) , if Tenant is not
present to permit entry onto th Premises , Landlord or its
representatives may enter wi ho t notice to Tenant, and for such entry
Landlord or its representati es shall not be liable to Tenant.
12. ADJACENT HIGHWAY FACILI Y. Tenant shall not permit the storage
of any substance or materi3l 'on the Premises which may create a fire
. . . � C,��9-����
hazard to the adjacent highway f cility ( including any overhead bridge
and its structural supports) . I Landlord determines that Tenant is
using the Premises in such a w y as to create a danger to the adjacent
highway fac il i ty or the travel 'n publ ic thereon, and if , upon
receiving notice , Tenant does o remedy the danger to the
satisfaction of Landlord, then L ndlord may immediately cancel this
lease and take possession of t e Premises. Any requirement for giving
notice of cancellation set out e sewhere in this lease shall not apply
to cancellation under this par g aph 12. Unearned rent paid by Tenant
will be returned.
13. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this lease or
sublet the Premises, in whole r in part, without the written consent
of Landlord.
14. CIVIL RIGHTS ACT. Tenant s all not discriminate on the ground of
race , color, or national origi gainst any person in access to and
use of the facilities and servic s operated or otherwise maintained on
the Premises; and th2 Tenant s a 1 operate and maintain such
facilities and services in com 1 ance with Title VI of the Civil
Rights Act of 1964, and Title 9 Code of Federal Regulations, Part
21.
15. REMEDIES. If any rent is d e and unpaid or if Tenant defaults in
any of the covenan ts or agree n s on the par t of the Tenan t con ta ined
in this lease , Landlord may� at ny time after default, re-enter and
take possession of the Premises n the manner provided by law. Tenant
will pay Landlord all costs an xpenses, including attorney' s fees,
in any successful action brought by Landlord to recover any rent due
and unpaid hereunder , or for he breach of any of the covenants or
agreemen ts con ta ined in this 1 a e � or to recover posse ssion of the
Premises.
16. HOLDING OVER. If Tenant ho ds over after the expiration of the
term of this lease with the c ns nt of the Landlord, express or
implied, the tenancy shall be de med to be a tenancy only from month
to month, subject otherwise t a 1 of the terms and conditions of this
lease so far as applicable .
17. MOVING OUT. At the expi at on or sooner termination of this
lease � Tenant shall leave the Pr mises in as good condition as when
delivered to Tenant (except f r rdinary wear and any loss covered by
insurance under Paragraph 10) .
18. PRIOR LEASES. If there ' s ny prior existing lease between
Tenan t and the Sta te o f Minne o t (or i ts predecessor in in terest)
covering the Premises , it is gr ed that this lease shall cancel the
prior lease as of the beginni g ate of this lease .
19. ADDITIONAL AGREEMENTS. 'an lord has accepted a statement of
self-insurance in lieu of the ce tificate of liability insurance required
under paragraph nine.
. , . ��_�,�,�
LANDLORD, STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
COMMISSIONER OF TRANSPORTATIO
By:
Dir tor
Office f Right o ay and Surveys
TENANT Approved as to m and execution
CITY OF ST. PAUL ATTORNEY GE RAL
By:
S cial Assistant Attorney neral
By: a�e :
Ti tle
By:
Ti tle
Approved a to form:
By:
As . Ci ty Attorney
Da e :
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Minnesota Depar me t of Transportation
Office f ight of Way
Room 511 , Tra s ortation Building
St. Paul, i esota 55155
(61 ) 96-3226 .
S.P. 6235 ( 10=113) 901 *02-002 LEASE NO.
PARCELS 103, 103A� 104 and 105 H-4435
COMM RC AL LEASE _
THIS LEASE, made the Fifth day of M y, 1989 , at St. Paul, Minnesota , by
and between the State o esot , Department of Transportation,
Landlord, and the City St. , Tenant.
Mail lease t Dave Nelso
upervisor Rea1 E tate
City Ha
S nnesot 55102.
E T H
In consideration of payment nt hereinafter specified to be paid
by Tenant , and the covena and g ee s herein contained , Landlord
hereby leases to Tenant that i ( herein called the
Premises) in the County of Ramsey tate nnesota , the address of
which is the West Side of I-35E b t n Granite a uga Streets , St.
Paul, Minnesota .
Type of Property: vacant Land
Legal Description :
All of Lot 14 , Block 1 , Edmu d Rice ' s Se Addition to the City of
St. Paul, according to the p a thereof n on file and of record in
the office of the Register o eeds in an for Ramsey County.
All those parts of the follo i g described lying rly of
a line 28 feet distant weste 1 of and parallel to t ent 'ne of
the west frontage road to T. . 35E known as L'O ' S t:
,
Lot 15 , Block 1 , Edmund R ' ce ' s Second Additi to the City •
St. Paul, according to h plat thereof now o ile and of
record in the office of t e Register of Deeds d or Ramsey
County, Lot 23 and that p rt of Lot 22, Auditor' s division
No. 8� St. Paul, Minnes t � according to the plat thereof on
f i le and of record in t e of f ice of the Regis ter of Deeds in
and for Ramsey County, y'ng east of the northerly extension of
the west line of Lot 14 f Block 1� of Edmund Rice' s Second
Addition to the City of S . Paul.
including improvements , if any� f r the term of twelve months commencing •
on May 1, 1989 and ending on Apri 0, 1990 , with the right of
termination in both Landlord and e nt as hereinafter set forth.
" . � ��q-/�/�
IT IS AGREED:
1 . RENT. Tenant shall pay to La d ord as rent for the Premises the sum
of $175.00� in one payment of $17 . 0 in advance. Rent payment is to be
mailed or delivered to Landlord' s f' nance office as follows :
Department of Transportation ake check payable to:
Office of Financial Management .
Accounting Department ommissioner of Transportation
461 Rice Street -
St. Paul, Minnesota 55103
2. PREPAID RENT. Tenant has pai o Landlord the sum of $175.00 as rent
far May 1� 1989 to April 30, 1990
3. USE OF PREMISES. Tenant will u e the Premises for the following
purpose only: Playground.
It shall be the sole responsibili y of Tenant to comply with all laws,
regulations, or ordinances impose y any jurisdiction governing the use
of the Premises . Failure to comp y will not relieve Tenant of the
obligation to pay rent.
4. MAINTENANCE AND REPAIRS. Ten n shall keep the Premises in good
condition at Tenant' s own expense , nd shall not call on Landlord to make
any improvements or repairs.
5. UTZLITY CHARGES. Tenant shal ay when due all utility charges and
any other charges or expenses con e ted with Tenant' s use of the
Premises.
6. NOTICES. All notices herein r vided to be given, or which may be
given, by either party to the oth r shall be deemed to have been fully
given when served personally on L n lord or Tenant, or when made in
writing and deposited in the Unit d States mail and addressed as follows:
To Tenant at the mailing address b ve stated and to Landlord, Department
of Transportation , at the State a sportation Building, Office of Right
of Way, St. Paul, Minnesota , 5515 . The address to which notices are
mailed may be changed by written o ice given by either party to the
other as herein provided .
�
7. CANCELLATION. This lease shall be subject to cancellation by either
party at any time during the ter h reof by giving the other party notice
in writing at least sixty days prio to the date when the cancellation
shall become effective. Further r , this lease shall be subject to
cancellation by Landlord if the e ises becomes needed for highway
purposes (as determined solely b L ndlord) by giving Tenant notice in
writing at least 10 days prior ta t e date when the cancellation shall
become effective. In the event f ancellation any unearned rent paid by
Tenant shall be returned.
$. INDEMNIFICATIO[V AND RELEASE. T nant shall defend, indemnify, save
harmless, and release Landlord a andlord' s employees from and against
all claims, demands, and causes f ction for injury to or death of
persons or loss of or damage to ro erty ( including Tenant and Tenant' s
property) occurring on the Premi s or connected with Tenant' s use and .
occupancy of the Premises, regard'le s of whether such injury� death,
loss, or damage is caused in par b the negligence of Landlord or is
deemed to be the responsibility f andlord because of its failure to
supervise , inspect, or control t perations of Tenant or otherwise
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discover or prevent actions or op r tions of Tenant giving rise to
liability to any person.
9. LIABILITY INSURANCE. Tenant h 11 maintain during the full term of
this lease a policy of public lia i ity insurance with the following
minimum limits of liability:
Bodily Injury and Property Damage C mbined $500,000 Each Occurrence
$500,000 Aggregate
The insurance policy shall includ he coverage provided by one of the _
following policies , consistent wi h the risk involved: Comprehensive
General Liability; Premises-Opera i ns Liability; Owners' , Landlords' ,
and Tenants' Liability; Manufactu e s ' and Contractors' Liability.
Prior to execution of this lease y Landlord , the Tenant shall have a
Certificate of Insurance sent to a dlord as proof of coverage. The
Certificate shall name the State f Minnesota as Additional Insured and
shall designate the leased Premis s as the location covered by the
policy. '
10. FIRE INSURANCE. None requir d Tenant will make no claim against
Landlord arising out of any loss to the Premises .
11 . RIGHT TO ENTER. Tenant shal llow Landlord, Landlord' s
contractors , and utility companie o enter upon the Premises for any of
the following purposes : to surve he land, to take soil borings, to
perform utility relocation work, r to make emergency repairs required
for highway safety. In addition , T nant shall allow Landlord to enter
upon the Premises to inspect, mai t in, and repair any overhead bridge
and its structural supports . If n of these operations substantially
restrict the Tenant' s use of the r mises , rent shall be reduced
proportional to the restricted us f the Premises for the period of the
restricted use . Tenant shall all w Landlord to inspect the Premises and
to show the Premises by appointme t to proshective buyers or renters.
Before entering the Premises for n of. t��e p�a���oses under this paragraph
11 , Landlord will make a reasonab e effort to notify Tenant, provided,
however, that in case of an emerg n y affecting highway safety ( the
existence of which shall be deter i ed solely by Landlord) , if Tenant is
not present to permit entry onto th Premises, Landlord or its
representatives may enter without n tice to Tenant, and for such entry
Landlord or its representatives s a 1 not be liable to Tenant.
12. ADJACENT HIGHWAY FACILITY. e ant shall not permit the storage of
any substance or material on the r mises which may create a fire hazard
to the adjacent highway facility ( i cluding any overhead bridge and its
structural supports) . If Landlor etermines that Tenant is using the
Premises in such a way as to create a danger to the adjacent highway �
facility or the traveling public th reon , and if, upon receiving notice ,
Tenant does not remedy the danger t the satisfaction of Landlord, then
Landlord may immediately cancel t i lease and take possession of the
Premises . Any requirement for gi i g notice of cancellation set out
elsewhere in this lease shall not a ply to cancellation under this
paragraph 12. Unearned rent paid b Tenant will be returned.
13 . ASSIGNMENT AND SUBLETTING. e ant shall not assign this lease or
sublet the Premises� in whole or in part� without the written consent of
Landlord. .
14. CIVIL RIGHTS ACT. Tenant sh 1 not discriminate on the ground of
race � color, or national origin a a nst any person in access to and use
of the facilities and services op r ted or otherwise maintained on the .
Premises; and the Tenant shall op r te and maintain such facilities and
services in compliance with Title V of the Civil Rights Act of 1964� and
Title 49, Code of Federal Regulat'o s, Part 21 .
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15. REMEDIES. If any rent is d e nd unpaid or if Tenant defaults in
any of the covenants or agreemen s n the part of the Tenant contained in
this lease, Landlord may, at any 'ti e after default, re-enter and take
possession of the Premises in th m nner provided by law. Tenant will pay
Landlord all costs and expenses, in luding attorney' s fees, in any
successful action brought by Lan lo d to recover any rent due and unpaid
hereunder, or for the breach of ny of the covenants or agreements
contained in this lease , or to r co er possession of the Premises.
16. HOLDING OVER. If Tenant ho �ds over after the expiration of the term
of this lease with the consent o t e Landlord,. express or implied� the -
tenancy shall be deemed to be a en ncy only from month to month, subject
otherwise to all of the terms an c nditions of this lease so far as
applicable.
17 . MOVING OUT. At the expirat'on or sooner termination of this lease,
Tenant shall leave the Premises 'n s good condition as when delivered to
Tenant (except for ordinary wear an any loss covered by insurance under
Paragraph 10) .
18. PRIOR LEASES. If there is ny prior existing lease between Tenant
and the State of Minnesota (or i s redecessor in interest) covering the
Premises, it is agreed that this le se shall cancel the prior lease as of
the beginning date of this lease.
19. ADDITIONAL AGREEMENTS. Landlo d has accepted a statement of
self-insurance in lieu of the certi icate of liability insurance required
under paragraph nine .
A DLORD, STATE OF MINNESOTA
E ARTMENT OF TRANSPORTATION
O MISSIONER OF TRANSPORTATION
Y
Director
Office of Right of Way and Surveys
TENANT ' p roved as to form and execution
CITY OF ST. PAUL T ORNEY GENERAL
' Y
Special Assistant Attorney General
gy; �� a e:
Title
By:
Title
Approved as to form:
By:
Asst. City Attorney
Da te:
RW3237AF.R1