88-1920 WHITE - CITV CLERK
PINK - FINANCE GITY OF SAINT PAUL Council
CANARV - DEPARTMENT 9
BLUE - MAVOR File NO• I/S��
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Please return copy to: � �O�,y� 'l Resolution
� Valuations -- Room 218 �L ��
(DN) (ParkingLots) r +
Presented By
Referred T Committee: Date
Out of Committee By Date
BE IT RESOLVED, that the proper City officials are
authorized to execute a lease agreement between the State of
Minneso�a Department of Transportation and the City of Saint Paul
covering three (3) parking lots along the north side of Eleventh
Street between Cedar and Jackson Streets . This lease is for a
period of five (5) months, beginning November 1, 1988, and ending
March 31 , 1989. The rental fee is $1 .00 and is subject to such
terms as set forth in said agreement, a copy of which is attached
hereto.
COUNCIL MEMBERS Requested by Department of:
Yeas Nays
Dimond Finance & Mana�ement Services
��g [n Favor
s�swtez- � , _ ��
Rettman - `-
� Against BY ���
Sonnen �� ��� r�
Wilson �r,}�`�D
DEC � 1988 Form Approved by City Att rney ����
Adopted by Council: Date /
Certified Pass d cil Secr By ` `� �t� "
sy
t�ppr v by Mavor: D,a e —
�` �E�, � 2 'R70D Approve Mayor for Submi i �o Council
4� 17 1988
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Minnesota Department of Transportation
Office of Right of Way
Room 511 , Transportation Building
St. Paul , Minnesota 55155
(612) 296-3226
S.P. 6280 ( 35E=390) 902 *90-456,_ �'' k LE��,
PARCELS 104, et al � a �` ;�� H ��
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COMMERCIAL LEASE
THIS LEASE, made the 27th day of October, 198$, at St. Paul , Minnesota ,
by and between the State of Minnesota , Department of Transportation,
Landlord, and The City of St. Paul � Tenant.
Mail lease to: Dave Nelson.
Real Estate Manager
Ci ty of St. Paul
218 City Hall
St. Paul , Minnesota 55102
W I T N E S S E T H
In consideration of payment of the rent hereinafter specified to be paid
by Tenant, and the covenants and agreements herein contained, Landlord
hereby leases to Tenant that certain property ( herein called the
Premises) in the County of Ramsey, State of Minnesota , the address of
which is the North side of llth Street between Cedar Street and Jackson
St. � St. Paul , Minnesota
Type of Property: Vacant Land
Legal Description:
The three areas on the North side of East Eleventh Street
between Cedar Street and Jackson Street shown outlined in
red on the attached exhibit, which exhibit is hereby .
incorporated as a part of this lease.
including improvements, if any, for the term of five months commencing on
November 1 , 1988 and ending on March 31 , 1989, with the right of
termination in both Landlord and Tenant as hereinafter set forth.
IT IS AGREED:
1. RENT. (Paragraph omitted. )
2 . PREPAID RENT. (Paragraph Omitted) .
3. USE OF PREMISES. Tenant will use the Premises for the following
purpose only: Police car parking, including unmarked units.
It shall be the sole responsibility of Tenant to compl� with all lawsr .
regulations, or ordinances imposed 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. P9AINTENANCE �INL� REPA�RS. T�r�.ar� t s':all keep the Premises in good
condition at Tenant' s own expense , and shall �iot •^4�.: �n �andl�rc3 t.o make '
any improvements or repairs.
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5. UTILITY CHARGES. Tenant shall pay when due all utility charges and
any other charges or expenses connected with Tenant' s use of the
Premises.
6. NOTICES. 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 Landlord or Tenant� or when made in
writing and deposited in the United States mail and addressed as follows:
To Tenant at the mailing address above stated and to Landlord, Department
of Transportation, at the State Transportation Building, Office of Right
of Way, St. Paul , Minnesota , 55155. The address to which notices are
mailed may be changed by written •notice 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 term hereof by qiving the other party notice
in writing at least thirty days prior to the date when the cancellation
shall become effective. Furthermore, this lease shall be subject to
cancellation by Landlord if the Premises becomes needed for highway
purposes (as determined solely by Landlord) by giving Tenant notice in
writing at least 10 days prior to the date when the cancellation shall
become effective. In the event of cancellation any unearned rent paid by
Tenant shall be returned.
8. INDEMNIFICATION AND RELEASE. Tenant shall defend, indemnifyr save
harmless, and release Landlord and Landlord' s employees from and against
all claims, demands, and causes of action for injury to or death of
persons or loss of or damage to property ( including Tenant and Tenant' s
property) occurring on the Premises or connected with Tenant' s use and
occupancy of the Premises, r.�ga.�a�°Q° ^f �^'-.�..:.�:-r-�e::_=-�. �1 a°°"�,
=e e e� e= �a�--�aa-��s ed �n—�a�� ��--�h e n e g�tg eTre e e
:�,�.o d tw-.�aa_tb4 r o c.po r�a:�:�-�r �-�-��w�i.���el I�e e a t�e e e�€ ��e €a��i��e--be
e�{�e�v�se-, ��s$e-e�,--���e�o+3-��-s� t-Fa�e—e�e�a�3�frs—a€ �^___.... - -��.-----: --
a':e°e a^`r'�°-"r—^r�—^'^�""-°etrs�^s-�a^s re^e ^v e s$e�a��e n e 9� �P e n a n� �3$'�'TI� r�e e �e
9. LIABILITY INSURANCE. Tenant shall maintain during the full term of
this lease a policy of public liability insurance with the following
minimum limits of liability:
Bodily Injury and Property Damage Combined $500,000 Each Occurrence
$500,000 Aggregate
The insurance policy shall include the coverage provided by one of the
following policies, consistent with the risk involved: Comprehensive
General Liability; Premises-Operations Liability; Owners' , Landlords' ,
and Tenants' Liability; Manufacturers' and Contractors' Liability.
Prior to execution of this lease by Landlord, the Tenant shall have a
Certificate of Insurance sent to Landlord as proof of coverage. The
Certificate shall name the State of Minnesota as Additional Insured and
shall designate the leased Premises as the location covered by the
policy.
The statement of self-insurability currently on file in the office of the
landlord shall suffice as proof of coverage.
10. FIRE INSURANCE. None Required. Tenant will make no claim against
Landlord arising out of any loss to the Premises.
11 . RIGHT TO ENTER. Tenant shall allow Landlora, Landlord' s
contractors, and utility companies to enter upon the Premises for any of
the following purposes: to survey the land, to take soil borings, to
perform utility relocation work� or to make emergency repairs required
for highway safety. In addition, Tenant shall allow Landlord to enter
upon the Premises to inspect, maintain , and repair any overhead bridge
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and its structural supports. If any of these operations substantially
restrict the Tenant' s use of the Premises, rent shall be reduced
proportional to the restricted use of the Premises for the period of the
restricted use. Tenant shall allow Landlord to inspect the Premises and
to show the Premises by appointment to prospective buyers or renters.
Before entering the Premises for any of the purposes under this paragraph
11 , Landlord will make a reasonable effort to notify Tenant� provided,
however, that in case of an emergency affecting highway safety ( the
existence of which shall be determined solely by Landlord) , if Tenant is
not present to permit entry onto the Premises, Landlord or its
representatives may enter without notice to Tenant� and for such entry
Landlord or its representatives shall not be liable to Tenant.
12. ADJACENT HIGHWAY FACILITY. Tenant shall not permit the storage of
any substance or material on the Premises which may create a fire hazard
to the adjacent highway facility ( including any overhead bridqe and its
structural supports) . If Landlord determines that Tenant is using the
Premises in such a way as to create a danger to the adjacent highway
facility or the traveling public thereon, and if� upon receiving notice,
Tenant does not remedy the danger to the satisfaction of Landlord, then
Landlord may immediately cancel this lease and take possession of the
Premises. Any requirement for giving notice of cancellation set out
elsewhere in this lease shall not apply to cancellation under this
paragraph 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 or in part� without the written consent of
Landlord.
14. CIVIL RIGHTS ACT. Tenant shall not discriminate on the ground of
race , color, or national origin against any person in access to and use
of the facilities and services operated or otherwise maintained on the
Premises; and the Tenant shall opeYate and maintain such faciiities and
services in compliance with Title VI of the Civil Rights Act of 1964, and
Title 49, Code of Federal Regulations� Part 21.
15. REMEDIES. If any rent is due and unpaid or if Tenant defaults in
any of the covenants or agreements on the part of the Tenan� contained in
this lease , Landlord may� at any time after default, re-enter and take
possession of the Premises in the manner provided by law. Tenant will pay
Landlord all costs and expenses, including attorney' s fees, in any
successful action brought by Landlord to recover any rent due and unpaid
hereunder, or for the breach of any of the covenants or agreements
contained in this lease , or to recover possession of the Premises.
16. HOLDING OVER. If Tenant holds over after the expiration of the term
of this lease with the consent of the Landlord, express or implied, the
tenancy shall be deemed to be a tenancy only from month to month, subject
otherwise to all of the terms and conditions of this lease so far as
applicable.
17. ' MOVING OUT. At the expiration or sooner termination of this lease ,
Tenant shall leave the Premises in as good condition as when delivered to
Tenant (except for ordinary wear and any loss covered by insurance under
Paragraph 10) .
18. PRIOR LEASES. If there is any prior existing lease between Tenant
and the State of Minnesota ( or its predecessor in interest) covering the
Premises, it is agreed t�hat this lease shall cancel the prior lease as of
the beginning date of this lease.
19. ADDITIOLVAL AGREEMENTS. Tenant shall maintain grass areas and
landlord' s chain line fence along the northerly boundary of the three
lots.
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TENANT �� Approved as to form and execution
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CITY OE ST. PA ATTORNEY GENERAL
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By:
Special Assistant Attorney General
By: Da te:
Title `
By: �r�;,�
T i t 1 e '~;�"�'�.�
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LANDLORD, STATE OF MINNESOTA Fori�;.:�pproved:
DEPARTMENT OF TRANSPORTATION
COMMISSIONER OF TRANSPORTATION
Asst. Ci . Attorney
By:
Director•
Office of Right of Way and Surveys
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Extend for one year, from November 1, 1988 to March 31, 1989. Lease No. PD/4 bett�een the
State of Minnesota, Department af Transportation and the City to provide parking sp�ce.` for
poliee vehicles. on the North side of Eleventh Street hetween Cedar Street and Jac:kson �3treet.
8eference A - Council Resolutfon €or signature;
Reference B - Samp�:e copy of lease.
7K�IS:t�PVrovs W«�.�a(�i' , cotn+cn.n�cN nepowt: ..� `_
aa►w�o oo�seaw cnm..s�+v�c�asio�+ o�rE a� o��arr .� . war+E wo.
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aurvoars wi�a+oa�oe,�cnver
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Located in Conncil District #2. Sf/��/C�
_ RECE. ,
M.ru►,r+e r�on.M.�+E. �.w�w.wn�.m..,wi+»: _ :.
NOV 2 31988
Ii/A __ :
�lpYp�s OFFICE
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N/A
CCUeGOU�Mlliat rNh.n�.nd To Vilriom): . ' _. ,..
The City shall pay to the State of Minnesota $1.Q0 for rent. :
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Police Department has leased property since 1973. -
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