88-949 WHITE - CiTV CLERK
�PINK - FINANCE G I TY OF SA I NT PA U L Council (//-1 �//�%
CANARY= DEPARTMENT x �`�
BLUE - MAVOR File NO. �+ _ ��` �
Return copy to: Counci Resolution
Valuations -- Room 218
(EarlStr) (DN)
Presented By �
Referred To Committee: Date
Out of Committee By Date
WHEREAS, the City of Sa ' nt Paul owns the right-of-way under
the Earl Street Bridge whe e it crosses the Northern Pacific
Railway Company and East Sev nth Street, described as follows:
That portion of Section 28, Range 22 West,
Township 29 Nort , beginning at a point on the
east property line of Earl Street, 251 feet south
of the centerline f York Street, thence westerly
on a line paral el to the centerline of York
Street to a poi t 52 feet west of the east
property line of Earl Street; thence 61 feet
southerly on a ine parallel to Earl Street;
thence easterly 1 .4 feet on a line parallel to
York Street; thenc 119.5 feet southerly on a line
parallel to Earl treet; thence north 74 02 ' 30"
East, a distance of 27 .7 feet; thence 10 feet
easterly on a lin parallel to York to the east
property line of E rl Street; thence northerly on
the east property ine of Earl Street to the point
of beginning;
and
WHEREAS , the property under the bridge is not used by the
City except for bridge supp rt and maintenance; and
WHEREAS, Budget Towi g, Inc. of Saint Paul has requested
permission to lease the ab ve described land located under the
Earl Street Bridge for the following purpose: Storage of non-
cumbustible non-toxic mater 'als, and for no other purpose without
the prior written consent o Lessor; and
WHEREAS, Lessee is s ecifically aware of and agrees that
this use of the property d es not include use for the purchase,
COUNCIL MEMBERS Requested by Department of:
Yeas Nays
Dimond Finance & Mana�emP„t Servi e�
�� [n Fav r �
Goswitz
Rettman B
�he1�� Agains Y
Sonnen � ,�,7
Wilson �Z/'`'
Form Appr ed City Atto�
Adopted hy Council: Date
Certified Passed by Council Secretary BY
� � �.� ��
By
A►pproved by iNavor: Date Approved by Mayor for Submission to Council
By BY
WHITE - C�TV CLERK
PINK - FINANCE COUflCll �//y
CANARV�- OEPARTMENT C I TY OF SA I NT PAU L /
BLUE - MAYOR File NO. �' ��f
Valuationsy–toRoom 218 Counci Resolution
(EarlStr) (DN)
Presented By
Referred To Committee: Date
- - - - - 4ut of Eammitte�e-By Date
sale, exchange, storage, p ckaging, disassembly, assembly or
handling of used or secon -hand materials including but not
limited to scrap iron or ot er metals, automobiles , automobile
parts, paper, rags, tires, and bottles, or for the keeping or
abandonment of junk.
BE IT THEREFORE RESOLVE , that the proper City officials are
hereby authorized and direc ed to execute on behalf of the City
of Saint Paul , a one-year 1 ase agreement commencing August 1,
1988, and extending to July 1, 1989, with Budget Towing, Inc. of
Saint Paul for 7,667 square feet of vacant land under the Earl
Street Bridge.
Total rent for the term of t e lease will be $1 ,380 .00 .
COUNCIL MEMBERS Requested by Department of:
Yeas Nays �
Dimond F'inanrP � ManaDamont cor�r�E�
i.ong In Favor
cosw;tz
Rettman
�he1�� _ Against B5' -
Sonnen �� 7
� � 2.1-�0
'��„ 2 � � Form Ap v City ttor y
Adopted by Council: Date �
Certified Ya.s uncil Se ar� By � 2� �
By �.//
t�pproved �Vlavo . Da _ ` Appcoved by Mayor for Submission to Council
g — � BY
pU�lIS1iED J U L 3 0198 .
C��'��
F�inance & Manage�ent Services °1►�e wRU,�u w►,�co�E,EO G R�L�7 �7�� NO. �Q 11,3 Ej
cOr�Tncr�soN �o�a�w,�Kr o��cron �►�roa ron nae�sr�wn
Dave 'Nelson . �R 3 �s ww�o�++r seiv�s or�cron �crrr c�wc'
°�• '�T • ROU7INO � euir�er awecta+
Finance 298-5317 o�R: -- _
� cr[v�7�r
Lease to Budg�t Towfng of Saint Paul, Inc. or a period: of one year from August 1, 198$, to
July, 34, 1989, 7,667 square feet o£ vacant and under the Ear1 Street Bridge for stora�e of
non-tox�c, non-eutmbustib�e naterials. Re€e ences l:. Sample cogy of lease; 2.` Council
R�esolution for signature.
,. UWomve Uf u►i�lect(�) � ��
... ...�PLA►N7MIB COM�BBION CML BERVICE CAhOA1S810N DATE M OA7E q!T AWILYBT _ - , PFIOPIE NO. � .
.� � 2��NM16 f70U1168810N � ISD 626.SGFIOOL BOMD . � � � . . . � . .� ..
� . QrAFF . .. . . . . . CFiARTER COMMSSION � AS IS� � ADD'L MFO.AODED* . :RETD�TO f)OHTA�'f . . .
� � - � _ � � _ � �_FOR AODL�M�i�Fd. �: ��i1E10ED* .
�—018TAICT CO{MC�. *� . . .. __ � . . .� -.
. .. .�BUPPOHIB.WMOM CdlN1EIL 08JECTNE? � � . . ..: � . . .. � . . �
Note: Attached resolution and lease have been revised
ger Public Works Commntttee cuaditions -- see
�000829.
�►�ra r�o�t�w.+Mut.orooiert�m►lwno.+�n+s�.v�.�nn,e�,wnr►:
_ RECELVED -�-
_ _ ...._._
� �
f��� 2 p 1988
OFFICE QF THE DIRECTOR
�'nort tca.t�.,�w.�ep.a�1: -
AW _ .
The City will receive $1,380.00 for the te of the lease.
�p MpNpGEMENT SERVICES
�N�.w►w�.�dTo whaa). , . , ,
.. .
.
K.�wtnaes: ' . � coas
w�oar�o�ns:
t�u.�: \
f •
r��--9�9
Revised 4/17/86
Authorit (C.F. or A.O. ) L.
LEASE NO.
FINANCE DEPT. LEASE NO. PW/6
�1?T 01�
DATE .�'�$ i9�
a. + z
o . �' a
.�
tU111 tIIII y�
� U11 tlI C
LESSOR � A
+ss•
CITY DEPARTMENT CITY OF SAINT PAUL.
REAL PROPERTY
LESSEE /J LEASE AGREEMENT
��� � ��i / (J 4�/
Bud et Towin
�
ADDRESS
846 Earl Street, Saint Paul, MN 55 06
(1) Leased Premises.. The ESSOR, in considesation of the payment
of the Basic Rent and Addition 1 Rent hereinafter specified to be paid
by the LESSEE, and the covenan s and agreements hezein contained, does
hereby lease , demise and let unto LESSEE the following described
premises, which are hereinafte referred to as the "Leased Premises°:
(here insert he Legal Description)
together with any and all bu ldings , fixtures in such buildings ,
improvements and/or structures , if any, located thereon;
Whose Street Address is
1
� ���'q�9
See Exhibit "A" Plan or Map of leased area which is incorporated
herein by this refereace.
Type� of Property (Vacant. Land Building) Square Foatage
I V
( 2) Term of Lease This lease shall be in effect for a term
com mencing and ending on the ates indicated below, unless terminated
earlier by the LESSOR as prov ' ded herein.
Term (Months/Years) ommencing Date Ending Date
One Year ugust 1, 1988 July 31, 1989
�Yrre�e��o. .Iiu�e. -�9.88- .}tm�e--�---�9�}-r
( 3) Use of Premises. The remises shall be used and occupied by
LESSEE for the following purpo e:
Stora e of non-combustible non-toxi materials. Also see Article 32.
and for no other purpose witho t the prior written consent of L�^SSOR.
( 4) Basic Rent. Rent sha 1 be oaid by the LESSEE in advance , on
the fi=st day of each and ever paymen t period thereafteL as indicated
in the Payment Schedule below:
Total Basic Rent Payment Sch.edule
Dur ing Lease� Term. (Monthly/A nuall.y -- Coi¢mencing Date - $ per. Pe= iod)
$1,380.00 Annual August 1
�-!:,�!�.^r�0-- Aa�� .hrcre-�-, 1988 Sl,380.00
LESSEE shall make all. pay ents of Basic Rent and. Additional Rent
to LESSOR at the following add ess:
Public Works Accountin Division 60 Citv Hall Annex, Saint Paul, MN 55102
The applicable account num er for City Finance Accountinq Code is:
42340-6801
(5) Additional Rent. Th LESSEE: shall pay all Additional Rent.
Additional Rent means all amou ts , other than Basia Rent pcovided for
in paragraph 4 abone , which. LE SEE. is or may oecome obligated to pay
under this oaragraph or other proPisions of this Lease. Additi.onal
Rent� includes , but is not 1im ' ted to , the following fees, costs and
expenses : ( a) al1 utilitie , including water , electric , gas ,
telephone, sewage and garbaqe ollection and_ disposal; (b) costs for
the repairs , improvements or lterations required to be made by the
LESSEy in paragraph 12 of th s Lease ; (c) all taxes on realty or
personalty, general or speci 1; and (d) all public rates , dues ,
charges and assessments , general or special, of any kind upon the
Leased Premises. In the event hat LESSEE does not make such oayments
(or any pay�ents required to b paid as Additional Rent) , LESSOR may
2
-� . �����
make the payments at its opt on, and the payments so paid become
Additional Rent, and are due and payable by the LESSEE with the
payment of Basic Rent next re uired after written notice of same to
the. LESSEE by LESSOR. �-
(6) Taxes. LESSEE shall b responsible for and pay all taxes and
assessments against the Leased remises, except that LESSEE may at its
own expense contest and challen e the imposition or amount of any such
tax or assessment in accordanc with law; provided, however, that in
the event this Lease is termin ted by either party, LESSOR may at its
option require the LESSEE to p y such contested taxes pending appeal,
to place in escrow a sum sufficient to pay said taxes , or take other
action which will remove said contested taxes as an encumbrance to
title (or as an exception to t e transferability of marketable title
to the Leased Premises) .
(7) Right of Ent�. At al times during the term of this lease ,
the LESSOR shall hane the righ , by itself, its agents and employees,
to enter into and upon the Lea ed Premises during reasonable business
hours for the purpose of examining and inspecting the same.
(8) LESSEE'S Insurance. L SSEE shall maintain during the term of
this lease and upon the lease premises certain insurance coverage
which is described as follows:
(a) WORRERS' COMPENSAT ON INSIIRANCE with coverage not
l.ess than the st tutory limits and EMPLOYERS
LIABILITY INSURANCE ith limits of not less than:
$10 000 PER ACCIDENT
(b) COMPREHENSIVE GENE AL LIABILITY insurance including
blanket contractual liability coverage and personal
liability coverage with a combined single limit of
not less than:
C - -- PER OCCURRENCE
Such insurance shall (1) name the City of Saint Paul,
its elected and ap ointed officers , employees and
agents as additional insureds; (2) be primary with
respect to LESSOR' insurance or self-insurance
program; (3) contain a standard cross liability
endorsement, (4) not exclude explosion, collapse and
underground property damage; and (5) be written on an
"Occurrence" Form po icy basis.
(c) PROPERTY INSURANCE including fire, extended coverage
and all-risk insuran e conering the demised oremises
and all property located therein belonging to LESSOR
in an amount equal t 90$ of the full replacement and
reconstruction cost of the property. The amount of
3
.� ' C�'°� 7 7/
the deductible, if ny, shall not exceed $ of
full replacement. The amount as i.ndicated below is
the amount of cove age agreed to by the parties at
the inception of th s Lease. Such policy shall be on
a replacement cost asis, with permission to replace
at any site . The amount of insurance shall be
increased to an a ount equal to 90$ of the full
replacement and re onstruction cost of the premises
on every annual a niversary date of this Lease.
Whenever requested y LESSOR, LESSEE shall procure an
appraisal of the L ased Premises from an appraiser
approved by LESSO , and the new appraisal amount
shall then become he new basis for insurable value.
The policy will be issued in the name of
LESSOR with loss ayable to LESSOR and LESSEE as
their respective in erests may appear.
N/A MOUNT AGREED UPON COVERAGE
With respect to roperty losses not covered by
insurance , it sha 1 be the responsibility of the
LESSEE to pay all costs to repair or replace the
damaged property with like kind and within a
reasonable time. T e LESSEE shall be responsible for
payment of the insu ance policy deductible amount (as
stated in the Pro erty Insurance policy for the
leased premises) t the LESSOR in the event of any
loss covered or whi h would be covered by the policy.
(d) The policies requ ' red in this section shall name
LESSOR, and any p rsons , firms , or corporations
designated by LESSO as an insured, and shall contain
a clause that the i surer cannot cancel or change the
insurance without first giving the LESSOR 30 days'
prior written notic .
The insurance shall be placed with responsible
insurance compani s authorized and licensed tfl do
business in the St te of Minnesota and approved by
LESSOR and copies o the policies shall be delivered
to LESSOR on the date of LESSOR'S execution of this
agzeement. The p licies shall also indicate that
coverage shall no be invalid due to any act or
omission on the par of the LESSOR. Tf such policies
are not delivered to the LESSOR as provided, the
LESSOR may at its o tion terminate the Lease or place
the insurance itsel and bill the LESSEE for the cost
of coverage as Additional Rent.
It is specifically understood and agreed that all of
the proceeds of su insurance policies shall belong
to and be payable t the LESSOR, and that the LESSOR,
after application f such proceeds to the loss , may
4
' ��44'-'��!
apply any remainin proceeds to a separate noninsured
loss of the LES EE arising out of the use or
condition of the L ased Premises.
If for any reason ny of the insurance hereunder is
void, the LESSEE i responsible to the LESSOR for the
total amount of th uninsured loss.
(9) Cancellation or Term nation. This lease shall be subject to
cancellation and terminatio by LESSOR at any time during the term
hereof by giving the LESSEE notice in writing at least ninety (90)
days , ( thirty (30) days for leases with a term of one (1) year or
less) in advance of the date when such termination shall become
effective. In the event of such termination any unearned rental paid
by the LESSEE shall be return d to LESSEE without interest.
(10) Notice. All notices herein provided to be given, or
which may be given by either party to the other , shall be deemed to
have been fully given when served personally on LESSOR or LESSEE, or
when made in writing and eposited in the United States Mail ,
certified and postage prepa ' d, and addressed to the LESSEE at the
address stated on page 1 a d to the LESSOR, at the Division of
Valuations, Real Estate Secti n, 218 City Hall, Saint Paul, Kinnesota
55102. The address to which t e notice sha11 be mailed may be changed
by written notice given by ei her party to the other. Nothing herein
shall pteclude the giving of such address change notice by personal
service.
(11) Assignment and Su lettin�c . LESSEE shall not assign or
sublet this lease without th written consent of the LESSOR, which
consent must be obtained pri r to the execution of any agreement to
sublease the Leased Premises.
(12) Maintenance and Re irs LESSEE shall, at its own cost and
expense, be responsible for all repairs, maintenance and upkeep of the
Leased Premises , including bu not limited to emergency repairs of any
kind; routine maintenance an repair to keep the Leased Premises in
good repair , safe and in co pliance with applicable fire , health ,
building and other life safety codes; and all repairs and maintenance
needed to keep the buildings r sttuctures on the Leased Premises in
good condition, inaluding (a) the exterior and interior structure of
the building or structures , (b) the =oof or roofs , (c) the heating ,
ventilating and air condit ' oni.ng systems therein, and (d) all
electrical, plumbing , light ng and mechanical systems ( including
windows) . The foregoing obli ations shall bind the LESS�E regardless
of the cause of the damage or condition necessitating the repair or
maintenance .
(13) Pa�ments in Case o Default. LESSEE shall pay LESSOR all
costs and expenses, including reasonable attorney's fees in any action
brought by LESSOR to recover a y rent due and unpaid hereunder, or for
the breach or default of any f the covenants or agreements contained
in this lease, or to reconer p ssession of said oroperty, whether such
action progresses to judgment or not.
5
� ���7J
(14) Surrender of Premises. The LESSEE, at the expiration of
said term, or any sooner termination of this lease , shall quit
peacefully and surrender ossession of said property and its
appurtenances to LESSOR in as good order and condition as the `property
was delivered to the LESSEE.
(15) Indemnity. The LES EE agrees to indemnify, defend, save and
hold harmless the City of Saint Paul and any agents, officers and
employees thereof from all claims , demands , actions or causes of
action of whatsoever nature o character, arising out of or by reason
of the Lease of the herein described premises by the LESSOR to the
LESSEE, or the use or conditi n of the premises or as a result of the
ope*ations or business activi ies taking place on the premises. It is
fully understood and agreed t at LESSEE is aware of the conditions of
the leased premises and lease the same "as is".
(16) Hold Over. Should t e LESSEE hold over after the expiration
of the term of this Lease wi h the consent of the LESSOR, express or
implied, said tenancy shall b deemed to be a tenancy only from month
to month, subject otherwise t all of the terms and conditions of this
lease so far as applicable.
(17) Pollution and Cont minants. LESSEE agrees to comply with
all ordinances , laws , ru es and regulations enacted by any
governmental body or agency relating to the control, abatement or
emission of air and water con aminants and/or the disposal of refuse,
solid wastes or liquid wastes
LESSEE shall bear all cost a d expense arising from compliance with
said ordinances , laws , rule , or regulations and shall indemnify,
defend , save and hold harmle s LESSOR from all liability, including
without limitation, fines , forfeitures , and penalties arising in
connection with the failure b LESSEE to comply with such ordinances,
laws , rules or regulations. ESSOR has the right to perform cleanup
and charge the LESSEE for suc costs should the LESSEE fail to comply.
(18) Controlling Lease. n the event there is any prior existing
lease or rental agreement between LESSEE and LESSOR (or its
predecessor in interest) cove ing the subject property, it is agreed
and understood that this Lea e shall cancel and terminate any prior
leases or rental agreements a of the effective date of this lease.
(19) Destruction. In t e event of damage to or destruation of
the Leased Premises or in the enent the premises becomes untenable or
unfit for occupancy due to su h damage during the term of this Lease,
LESSOR may at its option ter inate the lease upon fifteen (15) days
written notice to LESSEE; or ithin fifteen (15) days agree to restore
the premises within a specif ed time oeriod following the casualty,
charging the costs in excess f the insurance proceeds, if any, to the
LESSEE as Additional Rent; or may direct that LESSEE promptly restore
the Leased Premises to substantially the condition existing
im mediately prior to such dam ge or destruction, and for that purpose,
if such damage or destruction was caused by perils insured against the
6
�� � ��-9��
LESSOR shall make available o LESSEE pro rata, as work progresses ,
the net proceeds of such insu ance. If such proceeds are insufficient
to pay the entire cost there f , LESSEE agrees to pay as Additional
Rent, a lump sum payment (or in a forrn aqreed upon by the �LESSOR)
equal to the remainder of uch cost. The Basic Rents to be paid
during the restoration perio shall be abated in proportion to the
percentage of loss and impair ent of the use of the Leased Premises as
determined by the LESSOR, imes the number of days of loss or
impairment.
(20) Events of Default. Any of the following events occurring
during the term of this lease shall constitute an event of default by
the LESSEE:
(a) the filing of a etition to have LESSEE adjudicated
bankrupt or a peti ion for reorganization or arrangement
under any laws of he IInited States relating to bankruptcy
f iled by LESSEE;
(b) in the event a petition to have LESSEE adjudicated bankrupt
is filed against LESSEE, the failure to dismiss such
petition within n nety (90) days from the date of such
f iling;
(c) the assets of LESSE or of the business conducted by LESSEE
on the Leased Prem ses be assumed by any trustee or other
person pursuant to any judicial proceedings;
(d) LESSEE makes any as ignment for the benefit of creditors;
(e) the failure by ESSEE to timely pay Basic Rent or
Additional Rent as required by this Lease;
(f) the failure by L�S EE to observe and perform any covenant,
condition or agre ment on its part to be observed or
performed as requir d by this Lease; or
(g) the failure by LES E� or its surety to discharge, satisfy
or release any li n or lien statement filed or recorded
against the Leased Premises within 60 days after the date
of such filing or r cording , whichever date is earlier .
Lt is an express covenant an aqreement of LESSOR and LESSEE that
LESSOR may, at its election, erminate this Lease in the event of the
occurrence of any of the ene ts described in this paragraph or in
paragraph 23 relating to liens by giving not less than ten (10) days'
written notice to LESSEE; and when so terminated, LESSOR may reenter
the Leased Premises. This Le se and its Leased Premises shall not be
treated as an asset of LESSEE'S estate. It is further expressly
understood and agreed that LE SOR shall be entitled upon such reentry,
notwithstanding any other pr vision of this Lease, to exercise such
rights and remedies as are p ovided in Default Remedies Section of
this Lease.
7
�. . � ��4�
(21) Compliance with Laws. The property described herein may be
used for only the purposes stated hereim. It is the sole and
exclusive responsibility of he LESSEE in the use of the property to
comply with any and all laws, ules, regulations or ordinances =imposed
by any jurisdiction affecti g the use to which the property is
proposed to be put. Inability or failure on the part of the LESSEE to
comply with any of said laws , rules , regulations or ordinances will
not relieve the LESSEE of the obligation to pay the rental provided
herein.
(22) Non-Discrimination. The LESSEE for himself, his personal
representatives, successors in interest,and assigns, as a oart of the
consideration hereof , does h reby covenant and agree , as a covenant
running with the land, that (1 no person, on the ground of race, sex,
color , creed, religion, age, isability, marital status, status with
respect to public assistance, or national origin or ancestry shall be
excluded from participatio in , be denied the benefits of , or be
otherwise subjected to discri ination in the use of said facilities,
(2) that in connection with t e construction of any improvements on
said lands and the furnishing of services thereon, no discrimination
shall ne practiced in the sel ction of employees and contractors, by
contractors in the selec ion and retention of first-tier
subcontractors, and by first- ier subcontractors in the selection and
retention of second-tier subc ntractors, (3) that such discrimination
shall not be practiced again t the public in their access in and use
of the facilities and service provided for as public accommodations
(such as eating , sleeping , rest, and recreation) aonstructed or
operated on the Leased Premis s, and (4) that the LESSEE shall use the
premises in compliance with a 1 other requirements imposed pursuant to
the St. Paul Legislative Code Chapter 183.
(23) Liens. The LESSEE sh 11 not oermit mechanic's liens or other
liens to be filed or establ ' shed or to remain � against the Leased
Premises for labor, materials or services furnished in connection with
any additions , modification , improvements , repairs, renewals or
replacements made to the Le sed Premises , or for any other reason ,
provided that if the LESSEE shall first notify the LESSOR of its
intention to do so and shall deposit in escrow with the LESSOR a sum of
money or a bond or irrevoca le letter of credit acceptable to the
LESSOR equal to the amount o the claim of lien, LESSEE may in good
faith contest any such claim or mechanic's or other liens filed or
established and in such event may permit the items contested to remain
undischarged and unsatisfied uring the period of such contest. If, in
the opinion of the LESSOR, the nonpayment of any such items subjects
the Leased Premises to any 10 s or forfeiture, the LESSOA may require
the LESSEE to use the escrow account to promptly pay all such unpaid
items and if LESSEE fails to pay from the escrow account, the LESSOR
may pay and charge the LESSEE as Additional Rent.
(24) Eminent Domain. In the event the entire Leased Premises
are taken by eminent domain, or such portion thereof is so taken that
in LESSEE'S reasonable judg ment it is uneconomic thereafter to
restore the Leased Premises a d proceed under the terms and provisions
8
, C� �" ���
of this Lease, LESSEE may ter inate this Lease by givinq to LESSOR
thirty (30) days' written noti e of termination, effective as of the
date on wh.ich the condemnin authority acquires leqal title or
physiaal possession of the Lea ed Premises. LESSEE hereby wai�ves and
r.eleases any claim to or shar in the .Award of Compensation for the
taking , notwithstanding any ther provision of law , this Lease or
another agreement. LESSEE may o the extent otherwise permitted in the
eminent domain proceedinq, re ove its own trade fixtures at its own
expense .
(25) Default Remedies. I the event an Event of Default occurs
under paraqraph 20 of this Leas , LESSOR may exercise any one or more
of the following remedies:
(a) reenter and take ossession of the Premises without
termination of thi Lease, and use its best efforts to
lease the Premises to, or enter into an agreement with ,
another person for t e account of LESSEE;
(b) terminate this lease, exclude LESSEE from possession of the
Premises , and use its best efforts to lease the Premises
to, or enter into a agreement with another in accordance
with applicable law;
(c) exclude LESSEE fro possession of the Premises , with or
without te=minatin this lease and operate the Premises
itself ;
(d) terminate the Lease, exclude LESSEE from possession of the
Premises, sell all r any part of the Premises at the best
� price obtainable (provided such sale is permitted by
applicable law) , uch sale to be on such tetms and
conditions as the ESSOR, in its sole discretion , shall
determine and appl the proceeds of such sale less any
expenses thereof for the account of the LESSEE.
(e) exercise any remedi s available to it under the Minnesota
Uniform Commerical ode;
(f) take whatever act ' on at law or in equity may appear
necessary or appro riate to collect the Basic Rent and
Additional Rent the due and thereafter to become due, or
to enforce perform nce and observance of any obligation, .
agreement or conena t of the LESSEE under this Lease.
(g) in exercisinq any of its remedies set forth in this
Section, the LESSOR may, whether or not the Lease is then
in effect, hold t e LESSEE liable for the difference
between the payment and other costs for which the LESSEE
is responsible under this Lease.
(h) no remedy herein conferred upon or reserved to LESSOR is
intended to be excl sive of any other available remedy or
9
� . � �����
.�
re �¢edies , but ea h and every such remedy shall be
cumulative and sha 1 be in addition to every other remedy
givea under this le se ot now or thereafter existing at law
or in equity by sta u.te. No delay or omission to exercise
any right or power ccruing upon any defaul.t shall impair
any such right or power or shall be construed to be a
waiver thezeof, but any such right and power may be
exercised from tim to time and as often as may be deemed
expedient. In orde to entitle the LESSOR to exercise any
remedy reserved to it on this Pronision, it shall not be
necessary to give a y notice, other than such notice as may
be herein expressly required.
( 26) Amended . Anythin herein contained to the contrary
notwithstanding, this lease m y be terminated, and the provisions of
this Lease may be , in writi g , amended by mutual consent of the
parties herein.
10
. . ��� " ' l�
THE FOLLOWING SPACE BELOW IS PROVIDED FOR ANY ADDITIONAL
PROVISIONS OR REQUIREMENTS.
(27) Lessee shall pr perly protect all storage areas in
relation hereto in or on Earl Street both day and night, so as to
avoid all damage or injury to person or property.
(28) Lessee shall no erect, affix, or display any sign
on the premises without in each instance first securing the
written consent of the Dir ctor of the Department of Public
Works.
(29) Lessee shall pe it employees of the City of Saint
Paul or of persons having co tracts with the City of Saint Paul
ready access to the premises for inspection or maintenance work
on said bridge, and if any storage materials require to be
relocated due to bridge mai tenance work on said bridge, the
Lessee shall reiocate the sto ed material at his own expense.
(30) Lessee shall n t store materials within three (3)
feet of all vertical faces of walls, columns, piers or structural
members of said bridge or wi hin five (5) feet of the bottom of
all deck beams, � stringers, gi ders, or decking of said bridge.
(31) Lessee, due to the public welfare, shall not be permitted to
ste�e' any^vehicle within the lea ed area.
motor
(32) Lessee agrees that the property will not be used for the purchase,
sale, exchange, storage, packaging, disassembly, assembly, or handling of used or
second-hand materials including bu not limited to scrap iron or other metals,
automobiles, automobile parts, pap r, rags, tires and bottles, or for the keeping
or abandonment of junk.
. - � ��-��9
IN WITNESS WHEREOF, the at�ties here�to have set their hands and
seals: the day and year in this- L.ease first above w�itt.en.
..-
LESSOR — CITY OF SAINT PAUL
j1
MAYOR
� ,
GITY CLERK„ v
DII2�4 R OF FINANCE AND
MANlf�!CrEMENT SERVICES
DEPARTMENT DIRECTOR
CITY ATTORNEY (FORM APPROVAL)
___��____________�_____��_____ __�______�_����____��_____�_________�_
LESSEE t
/3CclXy'e/ /UL✓i.vg ��.. � "`� a�
� �� �r��z-.�.
I.T.7 0� L• l— Sov .�2, nG1� ay�T'
ITS
ITS
Revised 4/17/86
(LEASE)
12
�. . � . . . ����l�9
. �� .�� - . : � ..
.. l/-� �S�c L�i�a :' • . . . . .
� i }, .
i � .. ... : , . .�..� .
�; .
� _ � Ycr,E� S�_ � ! _ � _ _ _ " -
_ --T---- � { -t . , . . .
i � � . .. .
-- � ` , . .
� ; � .; � . �. -.
. .� : ► f ; � . _ ,
� ! : � _ .
�j � ' ` � .
, ,, ,
; Q .
. . . .R � �,. � . � � � - . . . -
� . ' � ._. ; . � ` � . . . �- , :.
� � � � � � �� �� ► � : . .
� �o � � � ►
� � .
. � I �: i � � ; � � � � _ � .
+ . � . � � . � : . _ . . ..
I` ' { _ , . . :
! ; , _� . .
",��� z� � � � : , �
( 70�' _.� �O' - j
F.'�,rt�.F 2 2 S�/ ;--"_ ' '
�cr..:�c...i� z9 N � : : � 27, i ` �
� i ' . � . � -
� • . �, .
. ( � _.-
� I s2 0' � . _ .
, i. . � -,Q�w .v o,�,.y. . ' -
; --}--- .i ; . . � .
. , �
,.
f 'G' •—_ c � o-,-° �
I• l9�- ' ' . ' , . • . ' ' .
�
� . � ;� . . , ' : - . . .
� 1 _ ' . �t' � : . : . . .
I" • • .
� �__ �y-i � � • �• _
�cS'4
; .,.-c�. �,
' a 0 h. G�/S C� �J�r'G'�.( .
��k�;-
j �
I � .
' �, ' •
. N.• . 0 0 •
� `� � � . •
i '
� , : .e :�
iD ' ' D ' ' _"r � •
� � � � 6 � �o.: ' . . -.S�i c�i=`.,�7:^ iy�,2�i'� .
� ' • rt' ,
� � ti�_ . . (/NOd.2 ' � -
. � , � : ... .
1-- ,- .. -- ..E�.cL Sr. c',c�F.. . .
Q- , : . . - .
�-�' � ' 2?;?—^ EXHIBIT "A" SITE PLAN
.... 1
°�-..t� ' , .
E , , -
.� ' ' �����
�
Tl1at portion of �Sec ion 28, Range 22 West,
Township 29 North, eginning at a point on
the east property 1'ne of Eaxl Street, 251
feet south of the c nterline of York Street,
thence westerly on line parallel to the
centerline of York treet to a point 52 feet
west of the east p operty line of Earl Street;
thence 61 feet sou erly on a line parallel
to Eaxl Street; t ence easterly 15.4 feet on
a line parallel to York Street; thence 119.5
feet southerly on line parallel to Earl
Street; thence no h 74°02'3�" East, a
distance of 27.7 f et; thence 10 feet easterly
on a line parallel to York to the east property
line of Eaxl Stree ; thence northerly on the
east property line of Eaxl Street to the point
of beginning, sit ted in the County of Ramsey
and State of Minne ota.
EXHrga "B" LEGAL DESCRIFrIOPT
�-\
. . • . � � ,
. '� � _�,. gg
WHITE - CI7V CLERK
PINK - FINANCE GITY OF SAINT PAITL Council �/�
CANARV�- DEPARTMENT /Gj [�[�/%
BLUE - MA File NO. v �' • ,
Return �o t�: Council Resolution ����
Valuations - Room 218
(EarlStr) (D - �-_—�
Presented By
Referred To U��-- �- �' � � Commi ttee: Date � P��`��
Out of Committee B Date
WHEREAS , the ity of Saint aul owns the right-of-way under
the Earl Street B 'dge where i crosses the Northern Pacific
Railway Company and st Seventh Street, described as follows:
That portio of Se tion 28, Range 22 West,
Township 29 rth, b ginning at a point on the
east property 1 ne of Earl Street, 251 feet south
of the centerlin of ork Street, thence westerly
on a line parall 1 o the centerline of York
Street to a poin 2 feet west of the east
property line of E 1 Street; thence 61 feet
southerly on a line arallel to Earl Street;
thence easterly 15. 4 et on a line parallel to
York Street; thence 11 .5 feet southerly on a
line parallel to arl Street; thence north
74002 ' 30" East, a distanc of 27 .7 feet; thence
10 feet easterly on a line arallel to York to
the east property ine of rl Street; thence
northerly on the ast prope ty line of Earl
Street to the point f beginnin ;
and
WHEREAS , the property und r the bridge is not used by
the City except for bridge supp rt and maintenan e; and
WHEREAS , Budget Towing, Inc. of Saint aul has
requested permission to leas the above descri ed land
located under the Earl Street B idge.
BE IT THEREFORE RESOLV D, that the proper City
officials are hereby authorize and directed to execut on
COUNCIL MEMBERS Requested by Department of:
Yeas Nays
Dimond
�� [n Favo
Goswitz
Rettman B
sche;be� _ Against Y
Sonnen
Wilson
Form App oved City Attorn y
Adopted by Council: Date �
Certified Passed by Council Secretary BY � �' ��
gy,
A►pproved by \+lavor: Date _ Approv d Mayor for Subm' n to ouncil�
BY -
, ;
. . � . . .� .. _ . ,
. ... .a� ..� . . �._ �... � . � .�. .,. ..�.,..:. .. �....�.. . ' . �n. ..,�.. . ' . . . . . � �
.. � , . . . . > ... . ... .. . . . .� . . _ . �. . , _ .. . . 4Y
�..u`°° ' ...`� ..�..','"-._-._=�....�'__.�,�q....._.__ '�-._�..+. '�—',.-. _.-T_. ,_ ',•--:.��x�—.� _ :�—_�=n�--�-�._y'�n__._..,,.,_.� �__.� ..�'._:..1' -a'1�...ti�- f..-.=T'+-y
-- ",�. . . �.�. "� '=n( �..:. ,-.�. .: � g., ��
.,. :. . ..�, ..., 'w �."*i*^`
..
�. . . �-� . � ,
� . .
�.. .. . . . . - .. �',
�� . . .7 �: . . ` . ' - . . , .. . � � ,.. : . �.�.
WNIY;€ -+..CITY CLERK � .--_..,.. �� � . . . .' �� � & § � ,
q� — FINANCE � �
Nl1,�i�Y — DEPARTMENT GITY OF A�Ii\TT �PAUL � � COtUncil �y��Ql,� .
, �
,
B�:W�.:� —MA R � � FYlQ . N.O• d TT7 -" �.:
�'�s� !!o. ' } ,. • ,,-
� -. �� -- �.a.-�.:� �ounc�l Resolution � � J;:� � , � ��
.���� �.. __ ���� .
�.:�..:�......y
Y
Presented By �' '`
�
Referred To V�'�--�'L � � Committee: Date �r��`�� � �
Out of Committee � Date ��
�,+
- �tH��B�S, the ity o€ Saint ui ot�as the righ�-o€-���► ,��a8er �
the ��rl St�ewt B 'dge rbere it croaaes ;t� t�orth�ere Pacifie
: Bailra� Go�pany and �t Seventti tr�et, ae� d as fol2o�rrs : k
��-�
, Tbat portio � Se fon 28, �anqe 2� t�e�t, � �
To�AS6ip 29 th, inpinq a�tr a p4int on tbe '� r�
� ea�t propezty 1 e of �arl �treet; ZS1 fe�t 6onth ,�,
of the cente�lica of rk 3t=e�t� tharnc� wstealy ' ' r
on a �ine parsl l o tbe c�ntorl�ae of Yark ' x'��
�tte�t to a pain 2 feet i+est vf the esst . '4 �
Prop�rt� li�a� o# S 1 Strett; tMeuce 63 feet • �
so�therly o� a line rallol ta Earl Strsety _ ;�
tbs0c� easteriy 15.4 �t os a lf�a paral2el tc �.R
York Street; thaoce 11 .5 feet soutbe�rly �n a � '�
1#ne pasallsl to E zl treet; tbQ�c�+ narth
�
74o92'3q" �aat, a di tanc af 27,7 �eretf tb���e �
';::z li feet er�sterTy a� Zi�e arall�l ta York tc� �`
tt�a� �east property i ne o# r2 St�eetg theac� . ��
aarrtherly an ��a e st pzape ty li�� of Lazl �,:` '� « ���
S�xeet to tbe point o b'gin�i� • ' . �F
ar�d
wHEk�a�, tl�e praperty �ade tbe hridge fs ot as�ti by �' �
: the �itp ss�ept for b�i�ge a�ppQ t a�d aafAteAan � aad ,�
�-_:
�THERE�S, H�dget ToWiag, Isc. a� �ai�t uI bas
requ+estecl p�trs►issioa to lesse ths $bove descri 1sAd .�
.�
lc�ated under the �arl St�set Br dge. _
�;a;
- B� IT THEREFORE RFa30LVE , tb�t th� pzop�lC City
. offici-als azs her�b�r a�thoria�d anc� dir�cted to execnte oa '
- ,�
` �•
� � , ,;.
COUNCIL MEMBERS Requested by Departmeat of:
Yeas Nays
Dimond
�As .�Favor
Goswitz .
,..� '�
Rettman ' c
sc��e� Against- BY �- -
Sonnen `�`�'
Wllson „��
Form Ap ove City Attorn y `�.
Adopted by Council: Date �- �� � �f ��
CertiFied Passed by Council Seccetary BY
t
By _
Appro d y Mayor for Subm' on to onnci� �
A►pproved by Mavor: Date �
�
By _ � �:�
. , , `
�-. __ . _ _
� WNITE - CI7V CLERK I
PINK - FINANCE G I TY OF A I NT PAIT L Council /�
CANARV - DEPARTMENT /G� ��J
BLUE - MAVOR File NO. V •�
Valuationsy-tRoom 218 Council Resolution
(EarlStr) (DN)
Presented By
C
Referre To Committee: Date
Out of Com 'ttee By Date
behalf of e City of Saint Paul, a three-year lease
agreement co ncing June 1, 19 8, and extending to June 1,
1991 with Budge towing of Sain Paul, Inc. for 7 ,667 square
feet of vacant la d under the E rl Street Bridge for storage
of non-toxic and n -cumbustibl materials.
Total rent for the te m of the ease will be $4,140. 00 to be
paid in three annual i tallmen s of $1,380. (�0 each.
COUNCIL MEMBERS Requested by Department o :
Yeas Nays
Dimond F•
�ng In Fav r
Goswitz
Rettman lY'eCto �
Scheibel A gai n s t BY
Sonnen
Wilson �``
Form Appro by City tor y `,
Adopted by Council: Date /
Certified Passed by Council Secretary By
5 3�1�
�
gy,
h�pproved by Mavor: Date _ Appr ed by Mayor for Submissio to
BY —
. . , i
.�•.. .,- ��.;�� .. . , : . . .. .. . . . _ ;� �.. ��,: -°. ., .„_.. . . . . . - � � . . .- . .. . . . .
.�.e�:..',,:,.:a,;i,.�n,_�,_;,;�.+�s-.,.�.:. .. �-._....<-_-- �.,� _ _. , .�. - . �.-.-�+b-._.�. � �-y...�s,--K� _. .._.:;.s,�.r:s.s.�_.___.�a ..-.� __.,_...�.:��s_� �_.=.,�.�s.._�_�.�
- . _�,.- '�'��:;✓..._`'. .. . . . � T
r� W►R(TE — Gk.�Y.'GLERK .. . .. . ' �^ � ..� .. �
wwic — Fr�ANa� " ' COUeC1I � � � .�
CANAR,Y.- DEPARTMENT � �jT�Y OF � � A�INT�� PALTL � ��
�° 6f.VE —�MAYOR- � � � � � � - � � FIIe NO+� ��• � .�
E. � � � �Ot �4
�� •��\ (����` - �s Council Reso�ution � ��
� , � ,.
a `. . ��I \i�/ . k` _.!
9` Presented By
Refer e To Committee: Date ---- --� -�;
, � ,.�'.
Out of Com 'ttee By Date�
- bahaif �'f e City of Sain� Paoi, a tiiree—�rear leaae
` , agzsement co A�i� JuAe l, 39�� , aAd' �atsadieq t+a d�tas l, ' '
199� with B�dg� towinq �f 8aiot Paul, Inc. f�z 7,5+5� sq�ars _ � ,-:-
feet of �►aca�t 1 under the �a t Street Bsidge for �ta�rar�e � ;
c�f �co-tozic and n-c�uabuatibl sat+srials.
';
fiotal reat for the t m o� the �ase vt 11 ber �l�,1!(i.Q� tc be �Y'
paid io tMre� a��aal i ta3lu►s� s �f $I�38�.8� each. ' .
� . �
<�
'�
: �'` � �
� "�
:;�
. � �
� � :.
� :,
�
,�
w�
�. r�
COUNCII. MEMBERS Requested by Department o • `
_ Yeas NaYs '
Dimond ^� * ._;�
�ng In Fav r
- coswitz �
scee��'bei Agains By .'..�..`'
. SODOCD� . � .. ; � � -..
. Wilson ,` ��� �'�:
Form Ap ro by City to y �
Adopted by Council: Date C. 5 �f��
Certified Passed by Gouncil Secretary B3' #
� �
By �-;
-` A►pproved by 1�lavor: Date � Appr e by Mayor for,Submissi to • ' °�
�
-�wr.�.-
By �
__„ ,
����
Q �`� � {� -
. QIIIONATOR D�Tt Mm�tlD o�7!Copn.E'Rlp, �i fl�i.� ii�. .�� .I�.O V V H��
> , _
. Finance & Management Services
�r v�sOM � �� 2 oEP�ar►�M ox�cmn �w�von aon�weru+n
DS�Te Ne�BOri ��•\ � ' � �r+oe e wwrao�nr�o�cioR �r_cm aFau,�, 9-�,('
�a. �Tp� euooEr aaECraa v�� �
Finance 29$-5317 . onoEA: 1«r,�rrow� -` ,19_'�`_`_' �
_ `�/ "
` Lease to Budget Towing af Saint Paul, Inc for Za period of three years from June l, 1988 to
3une 1, 1991, 7,667 square feet of vacant land under the Earl �treet Bridge for storage of
nan-toxic, non-c�►bustible materials. R erences 1. Sample copy of lease; 2. Council
Resolutio�t for signature.
_. TaQNS:(MP�'�W«�(A1! COWNCK:- RBR0117: _
nnnN�o cow�o� c�vx.�co�nssroN w�w a+�out rrar�rro.
.� �DNMIB Q01wA�lON � ��D 826:8CFIOOI BOARD . � . . . . � . -.
.SMFF � . ,. � GIARTER Cf3W1118SION.� . . AB IB . AOD ..AOOHO'! . ._�IIOOI M�N�O� _�_FEE9�C7�AGCP,O• ..
t116'fRICTOq�Iql.� - � � � � � � � �.�.
.. .:.:lUPPOFFTS'YNIK3W COIINCIL.OB�fEG7'NE'r . . - � . , -... .. � � _ � . . - . . � . . . � � �_ � � .
C�ur�cii R�search Center
.. . .
: JUN 07 �985
N/A ,
,
_
NrrotwMd NN�4.aM�rorrro�sr��Mw wn.i.w�+.n,wrwro,whrt: , ,
..r.. ,
�
JUN 31988 _
N/A � � �
� OfFICE OF 1'HE DIR�Ci'pR
. �MEI�T�N�
�ER1/tCES
� .�uan+c+►�ar�tcA.me.n.�a�ew��.o.s.�t: : . . . . .
The City �3.1Z receive $1,380.�0 per yea in rents for a total of-$4,��r0.QQ o��r the termt
of the lease.
. . _ _ ;
�cwn.R:,r�n.n.a,a To wnomv - - � .
N/A
. ;xtaw+►�:. vr�s - co�s :
� rti� -
;
�.s�o�n►M+�oears: ,
. N/A
�a. . .
N/�
. �
�. � � ,� . : � ��_9��
, .
. Revised 4/7.T/86
Authority (C.F�� or A.a.) .._
LEASE NO.
PINANCE DEP�. Lh'A3F NO.
c 1'�T o�,
DATE � �'� r.
� �.
e a
i ttli111IUi �s
� ttll tII Q
� �
LESSOR
:.•+.
CITY DEPARTMENT CITY OF SAINT PAUL
REAL PROPERTY �
LESSEE LEASE AGREEMENT -
Bud et Towi.n of St. Pa�rl Inc. �
ADDRESS
846 Ea.rl Street, Saint Paul, MN 55 06
(1.) Leased Premises. The LESSOR, ia cansideratioa of the paymeat
of the Basic Aent and Addition 1 Reat heteinafter specified to be paid
. by the LESSEE, and the ccvenan s aad aqresaents herein contained, does
hereby Lease, demise and Ie uato LESSEB the �olln�ring desctibed
ptemises, which a=e hereinaft r referred to as the "Leased. Pre�aises":
(here insert the Leqal De�criptioa)
�� ���< <��.
toqether with any and all uildiags, fistures in such buildinqs ,
improvements and/or structur s, ig any, lacated thereon;
Whose Street Add=ess is
l
r
�� � � . � . : � ������
�
,- Sae Exhibit •A" Plaa or l�iap a leased are� which is incorpvrated
hereiu. by this reference. _
� 2ype og Property (�Tacaat Land/ uildiaq) Square� Footaqe
. �-
(2) Ter�n of Lease This. ease shall be in ef£ect for a term
commencing and endinq on the dates indicated below, unless terainated
earlier by the LBSSOB as provid d herein�
Term (Months/Years) C mmencinq Date Endinq Date
Three vears une 1 1988 June 1. 1991
(3) Qse of Premises. The remises shall be used and ocaupied by
LESSEE for the following purpo e:
Stora e of non-combustible non-toxi materials.
and for no other purpose witho t the prior written consent of LBSSOR_
. (4) Basic Rent. Rent sha 1 be paid by the LESSBE in advance, on
the fi=st day of each and ever payment petiod thereafter as indicated
iri the Payirteat Schedule below:
Tctal Basic Rent Payment Schedule�
D�sring Lease Term (Monthly/A nnally - Co�mencinq Date� - � pez Period)
S4. 140.00 June l. 1988 51.380.00
LESSEE shall make� all. pay ents of Basic Aent and Additional 8ent
to LESSOR at the following ad ress:
Public Works Accountin Division 00 Cit Hall Annex Saint Paul MN 55102
The applicable account nu ber for Gity Finance Accountinq Cade is:
42340-6801
(5) Additional Aent. T e LESSBE. shall pay all Additional Rent.
Addi.tional Rent �eans all am unts, other. than Basic Rent provided for
ia pataqraph 4 above-, which. ESSEE is or may become obligated to pay
urrder this paraqraph or oth r provisions of this Lease. Additional
Iteat iacludes, but is net li ited to, the follawinq fees, costs and
expenses : (a) all utilit ' es , including water, electric, gas ►
telephone, sewage and qarbaq collectioa and disposal; (b) costs for
the repairs , i�aprovements o alterations required to be made by the
LESSEy in paraqraph 12 of his Lease; (c) all taxes on realty or
personalty, qeneral or sp cial; . and (d) ail public rates, dues ,
charqes and assessmsnts, g neral or special, of any kind upon the
Leased Premises� In the eve t that LE3S8E. does not make such payments
(or any payments required t be paid as Additional 8ent) , LESSOH may
2
� , . . l//'�'9T7
make the payments at its optio , aad the payaents so gaid become
Additional Rent, and are due d payable� by the LESSSH w�itlr the�
gayment of Hasic Sent next requ red agter written. notiae- of same �o.
the LESS�S by LESSOB_ �•
(6) Taxes. LESSEE shall be responsible for and pay all taxes and
assessments against the Leased P emises, escept that LESSBE may at its
own expense contest and challenq the impositioa or amount of any such
tax or assessment in accordance with law; provided, however, that in
the event this Lease is termina ed by either party, LESSOA may at its
optioa require the LESSEE to pa such contested taxes pendinq appeal�
to place ia escrow a sum sufficient to pay said taxes, or take other
actioa which will remove said ontested taxes as an encumbrance to
title (or as an exception to t e transferability of marketable title
to the Leased Premises) . �
(7) Riqht of EntrY. At al times during the �erm o£ this Lease,
the LESSOR shall have the right bY itself, its agents and employees,
to enter into and upon the Leas d Pzemises durinq reasanable business
hours for the purpose oE examin nq and inspecting the same.
(S) LESSEE'S Insurance. L SSEE shall maintain during the � term of
this Lease and upon the lease premises certain insurance coverage
�thich is described as follows:
(a) WORKERS' COMPENSAT ON IHSIIRANC� with coneraqe not
less than the st tutary li�its and EMPLOYSSS
LSAHILITY INSIIRANCE with limits of not 1.ess. than:. -
- 1 0 000 PE8 ACCIDENT
(b) COMPREHENSIVE GENE AL LIABILITY insutance including
blanket contractual Liability coveraqe and personal
Liability coveraqe with a combined sinqle� limit of
not less than:
� - ' PER OCCIIRRENCE
Such insurance sha l (I.) na�e the City og Saint Paul,
its elected and a pointed officers, e�mployees and
agents as additio al insureds; (2) be primary with
zespec,t to LESSO 'S insurance or self-insurance
proqtam; (3) con aia a standard aross liability
endorsement, (4) n t exclude explosion, collapse and
uaderqround proper y damaqe; and (5) be �ritten oa an
"Occurrence" Form olicy basis_
(c) PROPERTY INSIIRAN includinq fire, extended conerage
and all-risk insu ance coverinq the demised premises
and all property ocated therein belonqing to LESSOR
in an amouat equa to 90$ of the full replacement and
reconstruction c st o£ the propertg. The amount of
3
� '� � . �� � � � ��-��
� ths deductible, if �, shall not exceed. _$ of
fu:ll replaaement.. he amount as indicated bslov� is .
the amount of cove aqe aqreed to by the pa=ties at
the inceptioa of thi Lease. Such policy shall be ot�
a replacemeat cost asis, with per�aissioa to replace
at any site. The a�aount cf insurance shall be
iacreased to an a ount equal to. 90$ of the full
replacement and rec nstructioa cost of the preaises
on every annual a niversary date of this Lease.
Whenever requested y LBSSOR, LESSEE shall procure an
appraisal of the L ased Premises fro�a an appraiser �
approved by LESSOR and the new appraisal amount
shall thea beco�¢e t e new basis for insurable value.
The policy will be issued in the name o £
LESSOR with loss ayabie to LESSOR and LESSEB as
their respective in erests may appear.
N/A MOQNT AGREED UPON COVERAGE
With respect to roperty losses not conered by
insurance , it sha 1 be the responsibility of the
LESSEE to pay all costs to repair or =eplace the
damaged pzoperty with like kind and with�in a
reasonable time� T e LESSBE shall be responsible for
payment of the ins rance policy deductible amount (as
stated in the- Pr perty Insurance policy for the
Leased premises) o the LESSOR in the event of aay
� loss covered or wh'c3x would be covered by the� policy.
(d) The policies required ia this section shall name
' LESSOR, and any ersons, firms, or corporations
desiqnated by LESS 8 as an insured, and shall contain
a clause that the nsurer cannot cancel or change the
insurance withou first givinq the LESSOR 30 days'
prior written noti s.
The iasurance s all be placed with responsible
insurance compan es authorized and liceased to do
business ia the S ate o£ Minn.esota and approved by
LESSOR and copies of the pol.icies shall be delivered
to LSSSOA on the ate of LESSOR'S execution of this
aqreement. The olicies shall also indicate that
coveraqe shall n t be- inPalid due to any act or
omission on the p rt of the LESSOR� If such policies
are not delivere to the LESSOR as provided, the
LSSSOR may at its optioa terminate the Lease or place
the insurance its lf and bill the LESSEE for the cost
of coverage as Ad itional Itent.
rt is spec if icall under s tood and aq reed that all of
the proceeds of s ch insurance policies shall belong
to and be payable to the LESSOA, and that the LESSOIt,
after appiicatio of such procesds to the loss, may
4
� _ . � � ��=--��
r
� apply aay re�aaining proceeds to a sepa=ate noaiasured
Loss of the LESS E arisiaq out of the use or
� � condition af the- Le sed Premises.
IE for any r.eason ny of the insurance hereunder is
void, the LESSEB is responsible to the LESSOR for the
� total a�aount of th uninsured loss.
(9) Cancellativn or Term 'nation� This lease shall be subject to
cancellation and ter�rtinatio by LESSOR at any time during the ter m
hereof by gining the LESSEE notice in writing at least ninety (90)
days, (thirty (30) days for leases w�th a term of one (1) year or
� less) in advance of the da e when such termination shall become
� effective. In the enent of s ch termination any unearned rental paid
by the LESSEE shall be return d to LESSEE without interest.
(10) Notice. All not ces herein provided to be qiven, or
which may be given by eithe party to the other, shall be deemed to
have been fully given when s rved personally on LESSOR or LESSEE, or
when made in writing and deposited in the IInited States Mail,
certified and postaqe prepa ' d, and addressed to the LESSEB at the
address stated on page 1 nd to the LESSOR, at the Division of
Valuations, Real Estate Sect'on, 218 City Hall�, Saint Paul, Minnesota
55102. The address to which he notice shall be mailed may be changed
by written netice given by e ther party to the• other. Nothinq herein
shall pteclude the givinq o such address change notice by personal
service..
(11) Assigament and S blettin . LESSEE shall not assiqn or
sublet this lease �ithont t e written consent of the LESSOR, which
consent must be obtained pr ' or to the execution of any agreement to
sublease the Leased Premises �
(12) Maintenance and Re airs LESSEE shall, at its ow�n cost and.
expense, be responsible for 11 repairs, maintenance and upkeep of the
Leased Pre�ises, includiag b t not lintited to emergency repairs o£ any
kind; routine maintenance nd repaiZ to keep the Leased Premises in
• qood repair, safe and in c mpliance with applicable fire, health,
building and other life safe y codes; aad all repairs and maintenanae
aeeded to keep the buildinq or sttuctures on the Leased Premises in
qood condition, including ( ) the exterior and interior structure of
the buildinq or struatures , (b) the roof ot roofs. (c) the heatinq,
ventilating and air cond tioninq systems therein, and id) all
electriaal, pLumbinq, Lig, ting and mechanical systems (iacludinq
windows) . The foregoing ob igations shall bind the. LESSEE reqardless
og the caase of the damage oz condition necessitating the repair or
maintenanc�.
(13) PaYments in Case of Default. LESSEE shall pay LESSOR all
� costs and expenses, includi q reasonable attorney's fees in any action
brought by LESSOR to reaove any rent due and uapaid hereunder, or for
the breach or default of an of the covenants or aqreements contained
in this lease, or to recove pessession of said property, whetber such
aation progresses to judqme t or not_
5
. 5 . . \i/I v� i I
J D
• � �
I
(14) 3urrender o£ Premis s. The LESSEE, at the eupiration of
said term, or any �ooner te minatioa of this lease, shall quit
p:eacefnlly and surreadsr p ssession. og said property and its
. appurtenances to LESSOA ia as q od order and conditiou as the`property
was delivered to the LESSBS.
(15) Indemnity. The LBSS aqrees to in�emnify, defend, save and
hold hazmless the Cit� of Saint Paul and any aqents, officers and
e�ployees thereof from all laims, demands , actions or causes of
ac tion of whatsoever nature or character, arising out of or by reason
o� the Lease of the herein d scribed premises by the LESS08 to the
LESSEE, or the use or conditi n of the premises or as a result of the
operatiens or business activit es takinq place an the premises. It is
fully understood and agreed th t LBSSBE is aware of the conditions of
the leased premises and lease the same "as is".
(16) Hold Over. Should t e LESSEE hold over af ter the eapiration
of the term of this Lease wi h the consent of the LESSOR, express or
implied, said tenancy shall b deemed to be a tenancy only from month
to month, subject otherwise t all of the terms and conditions of this
lease so far as applicable.
(17) Pollution and Cont minants. LESSEE aqrees to comply with
all ordinances , laws , ru es. and re9alations enacted by any
gvvernmental body or aqency relatinq to the control, abatement or
emission of ai= and water co aainants and/or the disposal of =efuse,
solid wastes or liquid wastes
LESSEE shall bear all cost a d expense arisinq fro�a compliance with
said ordinances, laws, rule , or requlations and shall indemnify,
defend, save and hold harmless LESSOR from all liability, includinq
v�ithout limitation, fines, forfeituzes, aad penalties arising in
connection with the failute y LESSSE to comply with such ordinances.
laws, rules or regulations. LESSOA has the riqht. to perform cleanup
and charge the LESSEE for su h costs should the LESSEE fail to comply.
(18) Controllinq Lease. In the event there is any pricr existinq
Lease or tental aqreemen between LESSEE and LESSOit (or its
predecessor in interest) cov rinq the subject property, it is agreed
and understood that this Le se shall cancel and terminate any prior
le�ases or rental aqreements s of the effectine date of this lease.
(19) Destruction. Im he eveat of damaqe to or destruation of
the Leased Premises or in th event the� pre�aises becomes untenable or
uafit £or occupancy due to s ch damaqe during the term of this Lease,
LESSOR may at its optioa te minate the lease upon fifteen (15) days
written notice to LESSEE; or within fifteen (15) days agree to restore
the ptemises within a specified time period following the casualty,
charging the costs in excess of the insurance proceeds, if any, to the
LESSEE as Additional Rent; may direct that LESSEE promptly restore
the Leased Premises to ubstantially the conditioa existinq
immediately prior to such da age or destruation, and foz that purpose,
if such damaqe or destructi n was caused by perils insured aqainst the
6
, �' - . � . . t�"_�/7/
• , . ----
T�SSSOR sha1L make available t LSSSEE pro rata,� as work proqresses,
the aet proceeds o� such ins_ur ace.. If sucls. proceeds are� insnf£icieat
to pay� the entire cost thereo ,. LSSSES' aqrees ta paY as Additional
� Sent, a Zump suat payment (or in a gor� agreed upoa hy the ..LESSOR)
equal to the resaainder of s ch cost. The Basic Sents to be paid
during the restoratioa perio shall be abated in. proportion to the �
petcentaqe of loss and impairm nt of the use of the Leased Preiaises as
determined by the LESSOR, t ' mes the number o£ days of loss or
� impairment�
(20) Events of Default. Any of the followinq events dccurring
durinq the term of this lease shall constitute an event of default by
the LESSEE:
(a) the filinq af a etition to hane LESSSE adjudicated
: bankrupt or a peti ion for reorganization or arrangement
under any laws of he IInited States relatinq to bankruptcy
f iled by LESSEE;
� (b) in the event a petition to have LESSES adjudicated bankrupt
is filed against LBSSEE, the failure to dismiss such
petition within ninety (90) days from the date of such
filing;
(c) the� assets of LESS E ot of the business conducted by LESSEE
cn the Leased Pre ises be assumed by any trustee or other
person pursuant to aay- judicial proceedinqs;
(d) LESSEE makes any a siqnment gor the benefit of creditors;
(e) th�e failure by LESSEE to timely pay Basic Reat or
Additional Rent as required by this Lease;
(f) the failure by Lr^. SEE ta observe- and perform any covenant,
condition or agreemeat on its part to be obserned or
performed as requ 'red by this Lease; or
(q) the failure by LE SEE or its surety to discharqe, satisfy
� o= zelease any 1 ea or lien statement filed or recorded
aqainst the Leas d Premises within 60 days after the date
og such filinq or recording, whichever date is earlier.
Lt is arr eapress covenant nd aqreement of LESS08 and LSSSEE that
LESSOR iaay, at its electioa terminate this Lease in the event of the
ecaurrence� of any of the e ents described in this patagraph o� in
paragraph 23 relating to li ns by giving not less than ten (10) days'
utritten notice to LESSEE; a d when so terminated, LBSSOR may reenter
the- Leased Premises. This ease and its Leased Pre�ises shall not be
treated as an asset of L SSBS'S estate. Lt is further expressly
understood and aq=eed that ESSOR shall be entitl.ed upon such reentry,
aotwitlsstandinq any other rovision og this Lease, to eaercise such
�ights aad remedies as ate provided in Default Remedies Section of
this Lease..
7
. ; . / p���
. � • G��i'L'1
(Zl) Compliance �ith Laas. The property desaribed herein may be
�ssed for only the pnrposes tated herein.. It is the sols aad
�xclusive tesponsibility of th LESS88 ia the use of the property to
comply with any and all laws, les, requlations or ordinances �imposed
by any jurisdiction agfectin the use to which the property is
proposed to be put. Inability or failure on the part of the LSSSEE to
aomply with any of said laws, ules, regulations or ordinances will
not relieve the LESSEE of the bliqation to pay the rental provided
herein.
(22) Non-Discrimination. he LESSBE for himself, his personal
representatines, successors in interest,and assiqns, as a part of the
consideration hereof, does he eby covenant and agree, as a covenant
running �sith the land, that (1) no person, on the qzound of race, sex,
color, creed, religion, age, isability, marital status, status with
respect to public assistance, r national origin or ancestry sha.11 be
excluded from participation in, be denied the benefits of, or be
otherwise subjected to discri ination in the use of said facilities,
(2) that in connection with t e construction of any improvements on
said lands and the furnishing of setvices thereon, no discrimination
shall be practiced in the sel ctien of e�ployees and contractors, by
contractors in the selec ion and retention of first-tier
subcontractors, and by first- ier subcontractors in the selection and
retention of second-t�ier subc ntzactors, (3) that such discrimination
stiall not be practiced aqainst the public in their access- in and use
of the gacilities and service provided for as public accommodations
(�uch as eatinq, sleeping, rest, and reareatioa) construc.ted or.
operated on the Leased Premise , and (4) that the LESSEB shall use the
premises in compliance with a other reqnirements imposed pursuant to
the� St_ Paul Legislative Code Chapter 183..
(23) Liens. The LESSEE sh 11 not permit mechanic's liens or other
Liens to be filed or established or to remain aqainst the Leased
Premises for labor, �¢aterials ot services furnished in connection with
any additions , modification , improvements, repairs, renewals or
replace�aents �aade to the Le sed Premises, or for anY other reason,
ptovided that if the LESSE sh.all first notify the� LESSOR of its
in.tention to do so and shall eposit in escrow� with. the LESSOR a sum of
�aoney or a bond or irrevoca le letter of credit acceptable to the
LESSOR equal to the amount f the claim of lien, LESSBE mag in good
faith contest any such clai s or mechanic's or other Lisns filed or
established aad in such event may permit the items contested to remain
undischarqed and unsatisfied urinq the period of such contest. Zf, in
the� opinion of the LSSSOR, •t e nonpayment of any such items subjects
the Leased Pre�¢ises to any 1 ss or forfeiture, the• LESSOR may require
the LESSEE to use the escrow account to promptly pay all such unpaid
i.tems and if LESSEE faiTs to pay from the escrow account, the LESSOR
�ay pay and charge the LESSE as Additional Rent.
(24) Eminent Domain. n the event the entire Leased Premises
are taken by eminent domain, or such portion thereof is so taken that
in LESSLE'S reasenable jud ement it is unecono mic. thereafter to
restore• `the Leased Premises nd proceed under the terms and provisions
8
. . - : �-.� q�
� .
�
� of this Leasa, LSSSBE �aay te �sinate this Lease- by qiviaq to LESSOR
thi=tY G30) days' writtea aot' s vg termiaation, effectiv� as o� the
dat� oa. �lzich the condeaai q authority acquires leqal title or
: ptiysical" possessioa of the Lea ed Pre�aises.. LESS$E hereby Wa�ves and
zeleases aay claim to or shar in the Award of Compeasation for the
takiaq, not�sithstandinq aay ther provisio�r of la�, this Lease or
aaather agreement. LESSEE may o the� extent otherwise per�aitted in the
eiainent domain proceedinq, r move its owa trade fixtures at its own
expense..
(25) Default Remedies. n the event an Event of Default occurs
undet paraqraph 20 of this Lea e, LESSOR mag exercise any one or more
cf the follo�ing remedies:
(a) =eenter and take possession of the Premises without
termination of th ' s Lease, and use its best efforts to
lease the Premises to, or enter into an agreement with,
another person for he account of LESSEE;
(b) terminate this leas , exalude LESSEE from possessioa of the
Premises , and use ts best efforts to lease the Premises
to, or enter into aqreement with another in accordance
w ith applicable law,
(a) exclude LESSES from possession of the Premises, �ith or
w ithout terminati g this lease and operate: the P=em ises
itself;
(d) �erminate the Leas , egclude LESSEE f=om possession of the
Premises, sell all or any� part of the Premises at the best
• price obtainable (provided such sale is permitted by
applicable law) , such sale to be on such terms and
conditions as the LESSOIt, in its sole discretion, shall
determine and app y the proceeds of such sale less any
expenses thereof f r the account of the LESSEE_
(e) exercise any remed es available to it under the Minnesota
IInifor� Commerica]� Gode;
(g) take whatever ac ion. at law a� in equity may appear
necessary or appr priate to collect ths Basic Rent and
Additional Rent then due� and thereafter to become due, or
to enforce perfor aace and obs�rvance� of aay obliqation,
aqreement or coven nt of the LESSEE undez this Lease.
(g) in exercisinq an of its rem_edies set forth in this
Section, the LESSO may, whether or not the Lease is then
in effect, hold he LESSEE liabl� for the difference
between �the paymen s and other costs for which the LESSEE
is responsible und r this Lease.
(h) no remedy herein onferred upon or reserved to LESSOR is
intended. to be exc usive af any other available remedy or
9
, �
� � � �:"C?-44 "g�
� �
rei¢�die��. b¢t ea tz aad every such re�edy sha1Z be
au�uLativ� aad sha be ia additioa tc sPery othsr remedy
. givea uuder this Zea e or noa► c= thereaft�t existiag at 1.avr-
ar i.a equity by sta ute.. No deLay or o�ission to e�cercise
aay riqht or pow�er ccruiaq upoc� aay defaalt shall i�paiz
aay such ziqht or ov�er or sha11 b� construed to bs a
waiver t�sereo�, b t any suclt rrght and power may be
e�xeraised froar tim to ti�ae and as oftea as rnay be dee�aed
expedieat. Ia orde to: entitle� ths LESSaR te exercise� aay
remedy reserved to it oa this Provisi.onr it shall nct be�
necessary to qive� an notice, other than such aotice as �ay
be herein expressly required.
( 26) Amended. Anythin her.eia containe:d to the contrary
notwithstanding, this lease ma be terminated, and the: provisions o£
this Lease �aay be, in writi q, amended by m�utual consent of the
garties herein..
0
� : . . . �� q�9
,. �
. TH� FOLLOWING SPACE BELOi� IS PROVIDED FOR ANY ADDITIONAL
PROVISIONS OR REQUIREMENTS.
(Z7) Lessee shall pr perly protect all storage areas in
relation hereto in or on Earl Street both day and night, so as to
avaid all damage or injury to person or property.
(28) Lessee shall no erect, affix, or display any sign
on the premises without in each instance first securinq the
written consent of the Dir ctor of the Department of Public
. works. �
, (29) Lessee shall pe it employees of the City of Saint
� Paul or of persons having co tracts with the City of Saint Paul
� ready access to the premises for inspection or maintenance work.
on said bridge, and if any storage materials require to be
relocated due to bridge mai tenance work on said bridge, the
Lessee shall relocate the sto ed material at his own expense.
(30) Lessee shall n t store materials within thres (3)
feet of all vertical faces of walls, columns, piers or structural
members of said bridge or �i in five (5) feet of the bottom of
all deck beams, stringers, q' ders, or dec}ring of said bridge.
, s . • ' ' `�`� V CJ • • '
_ f .
Ll�t TRZTNBSS t�H88S0F,. tlz� g ti�� ksr�ta 1saPe� set their haads� aad
sea.I� th� day� an� y�ar in tlti.� eas� girst above� �ritten_
, � _
LH3SOR — CI27C OF` SAI]lt.T' PAQL
MAYOA
CITY CLERg
� DIRSCTOR OF PINANCB. AND
MANAGSMENT SEBVICES
DEPARTMENT' DIRECTOR
CITY ATTORNEY (PORM APPR�VAL)
sssssssssssssasasss:sa�sasss:ss nsssssaasssssssssassssssss:ssasss:as
LESSEE .
LTS
ZTS.
LTS
Revised 4/1T/86
(LEASE)
1
' - _ . : - � � . � � . � . . . � �,����
�� � � � . . .. � � � �¢ �s« �,;��� . . . ^-:'� + � .:� �� � � � .'
' . ' . � � ' • •'•.: -sI�� �� ..��'..- .
• � _ '�¢� YOr'.f' S�� � �� _ _ _ _ �, � -
T , ,_`. ' ,�. r` • : ' .
. � i . � .� _ � . � . .. •• . . �, .
-- • � .. . .
� f . t) ' � , . � � .� � . :.. . .
• . i . . . _ . � .
� ( ; � � .
. .� . N . I ' � . ' . � . �
. . ' .. � � . � �� � -. . . �' . '
� . . ► � � i � , .. .- .. ,
� � , ..�o' . � " ! � � . . . :. .. . ...
. � �; � � ; i � ' . .. � � . . � �. .:
� ! . � .. . - ,.
. . . ; ; : . . . .
. . � � � . .� . . . . :
. : . f . s . .
. , ; , . . . . .
��. Z� I . �+, . �, .
F.'�:.� 22 YY ;- , , i . • .
�3r.-�r....�.�* 29 N ' � !, 2r. � ' ' _ .
� ;; 3 ` .
i . �, : - .
• • , , • . .
�• . � . � � � zo' � -•-- .
� . . : . � -,Q��v .y�-,�y. � � �- � � _
'- � - � , S (� ' . • . . . �. f
� `�'1. � : � . � ' .
•i ' . :. ,� ; _ . • .
i �JI '.�... � . p_;_q . . •
� � . . �� �; � . . i; .: � , .. . . ..._ � . .
• . • . �, � 1' ' .� " �1� �; .y. . � . . � . � . .' . . : .
• ! �i 'D ' a' . • .
� �.c��' ' • � � �
• .�..__.: . .
� ' � .,, / � .
� II - Q 4 j���.�GCI SC4 , �rG./ •
� . � .
� � � . . �
p� O n o • • ' '
� \' ' i • �• , . . . .
• � � , .
. � �i , ; �.�. ,
� : ' • .._. -
Q o 'T
. • � � • .
j . �; � �! ' � � �.S�i�rJC�f;.2.'�i4
, .� • � �_ ' . ... (fNOC'.Z ' . .
. . . . 1--- � .. .._- "E.�,cc Sr. d,cu�F�•. • -
' • ��'�1.3- ��,?1-�'j EXHIBIT ��A�� SITE PIAN � , . .
. . :�.-. . .
E . . � , ,,
... , ; (��q�9
,,
That pa�~tioa o�3ecti n 28, Range 22 West,
Township 29 Norths be inning at e4 poiut on
the east property lix o� Earl Street,. 251
Yeet south of tha ce erline o� York 3treet,.
th@nce wester�y oa � ine pe�rallel to the
centerline oP York 3 eet to e. poirit 52 Peet
west of the east pro y line o�' Earl 3treet;
thence 61 feet south ly on a line pare.11el
to Earl Street; then e easterly 1�.4 feet on
a line parallel to Yo k Street; thence 119.5
�eet southerly on e. Z ne paral.lel to Earl
Street; thence. nort 74°02'3�" Ea.st, a �
distance o� 27.7 Yeet; tbence 10 feet easterly
on a line parallel to York to the� east property
line oY Earl Street; thence northerly on the
east property line o Earl 3treet to the point
of beginning, situe.t in the Courity of Ramsey
and State of Minnesot .
E7�i�r,C "B" LE L DESCRIPTION
+ ' ` ' Members: ����
CITY OF SAINT PAUL Roger J. Goswitz, chair
� „,,,,,;, Janice Rettman
unL�i�u OFFICE OF Fi� CITY COUNOIL Tom Dimond
�� �� Date:
Com ittee Report
To: Saint Paul City Council
From :Public Works, Utilitie , and Transportation �
Committee
Roger J. Goswitz, C air
The Public Works Committee at i s meeting of July 13, 1988 took the
following action:
Hearing Date
1. 7/19/88 RATIFICATION OF AWA OF DAMAGES: Condemning and taking an
easement in the lan necessary for slopes, cuts and fills,
including right of r moval of lateral support from sub�ect
land or remainder thereof occasioned by excavations
thereof or constru tion of slopes in the grading and
paving of the follow ng avenue and streets. UPLAND AVENUE
from Burlington Ro d to Oakridge Street and OAKRIDGE
STREET from approxi ately 130 feet west of Upland Avenue
to Howard Street and in FIR STREET from Oakridge Street to
approximately 500 eet �south of Oakridge Street and in
HOWARD STREET from urlington Road to approximately 800
ft. south of Burling on Road.
Recommended unanimou approval on 3-0 vote.
2. RATIFICATION OF ASS SSMENTS: For the installation of a
sanitary sewer in F RESTER STREET from Canton Street to
Bay Street (Laid ove from June 22nd) .
Recommended unanimou approval on 3-0 vote.
3. FINAL ORDER: Sidew lk construction and/or reconstruction
at the following loc tions:
SS-88-36 - Both si es E. COTTAGE AVENUE from Kennard
Street to Flandrau S reet (Laid over from June 29th) .
Recommended unanimou approval on 3-0 vote.
SS-88-44 - West si e NOKOMIS AVENUE fzom unimproved E.
Geranium to unimprov d E. Maryland Avenue (Laid over from
June 29th) .
Recommended unanimou approval on 3-0 vote.
CITY HALL SEVENTH FLOOR SAINT PAUL, MINNESOTA 55102 -
�e
. - � � ��:��9
SS-88-56 - North s' e of E. SEVENTH STREET from E.
Abutment of E. Sevent Street Bridge to Maria Avenue and
west side of MARIA VENUE from E. Seventh Street to
approximately 12 feet north of E. Seventh Street (Referred
to Committee June 28t .
Laid over in Committe indefinitely.
4. FINAL ORDER: For he installation of approximately 42
single globe style ecorative lights on both sides of
SMITH AVENUE from 50 eet north of Annapolis Street to 100 �
feet south of Baker treet (West side) and 75 feet south
of Baker Street (E st side) to be known as the SMITH
AVENUE NEIGHBORHOOD PARTNERSHIP PROGRAM (NPP) LIGHTING
PROJECT N0. 2. (Laid ver from June 29th) .
Laid over in Committe to July 27, 1988.
5. FINAL ORDER: For he operating costs for the Above
Standard Street Lig ting System for the SMITH AVENUE
NEIGHBORHOOD PARTNER HIP PROGRAM (NPP) LIGHTING PROJECT
N0. 2. (Laid over fr m June 29th) .
Laid over in Committe to July 27, 1988.
6. RE��,�� horizing proper Ci�,��"fficia3��.:�
execute� �, �,����-year ease agreement �C,tith BUDGET TOWING OF
ST. PAUL, INC,,;,;�o�n n�e 1, 1988 to Ju�i, 1991 for 7,667
sc�. ft. of .va,��.nt 1 nd under the Berl Street Bridge fqr
storage of non=tox_ and non��usti:b�� ,K�inaterial �by
�udget T� (Laid er" 'fram�•��ne 29th) .
R�c���'^'-Ntmanimo s approval with amendment to ch e
1�ase to"i�: ear :..... -
Y� ���#��;"�w�t��.
7. APPLICATION: For tra sfer of Motor Vehicle Salvage Dealer,
Tow Truck Operator- and 8 Tow Truck Licenses from Roy R.
Carlson, Sr. , DBA: ndi`s Towing, Inc. at 846 Earl Street
to Roy R. Carlson, J . , DBA: BUDGET TOWING, INC.
Recommended unanimou approval with stipulations.
8. RESOLUTION 88-1001 - Authorizing proper City officials to
execute an agreemen for consultant engineering services
with BRW, Inc. for traffic management system on SNELLING
AVENUE from Lexingt n Parkway to Prior Avenue to correct
air quality problems
Recommended unanimou approval on 3-0 vote.
2
. . - � � - o���q�r
9. RESOLUTION 88-1002 - uthorizing proper City officials to
execute an agreemen with the State Department of
Transportation which covers the cost, maintenance and
operation of the air uality traffic control signal work
on SNELLING AVENUE and University Avenues.
Recommended unanimous pproval on 3-0 vote.
10. RESOLUTION 88-1041 - Approving the reappointment by the
Mayor of Raymond Eyler to the Water Board of
Commissioners, term to expire June 22, 1992.
Recommended unanimous pproval on 3-0 vote.
11. FINAL ADOPTION 88-827 - An ordinance amending Chapter 87
of the Legislative Co e pertaining to the Water Code and
Water Service connect ons (referred from Council on 6-30-
' 88) .
Recommended approval 0 2-1 vote - Dimond voting "NO".
12. RESOLUTION: Acquisiti n for acquiring ponding area at
Seventh and Hazel Stre ts.
Recommended approval 0 3-0 vote.