88-1969 �NMITE - CITV CLERK
PINK - FINANCE G I TY OF SA I NT PA U L Council
CANARV - DEPARTMENT /o��/ /
BLUE - MAVOR File NO• (���
Please return co to: .l� _.._�
Py Counci Res u Z�/�
Valuations -- Room 218 Q
(Schmidt) (DN) . �
Presented By _.. . .
_._ . __ __. �
Referred To ���"� Committee: Date l°� � �3��
Out of Committee By Date
WHEREAS, Lease Agreement PW/12 between the City of Saint
Paul and Hermione M. and Elizabeth L. Schmidt of vacant land
adjacent to a storm water ponding area and lying between
Arlington and Cottage Avenues and Westminister and Edgemont
Streets and legally described as follows :
That part of the east 152. 25 feet of Lot 2, J. M.
Warner ' s Lots lying west of a line drawn between a
point on the north line of said Lot 2 a distance of
100 feet from the center line of Edgemont Street
and a point of the south line of said Lot 2 a
distance of 75 feet from the center line of
Edgemont Street situated in Ramsey County, State of
Minnesota
expired on September 30, 1988 ; and
WHEREAS, the lessors have expressed a desire to extend the
lease agreement an additional five years, from October 1, 1988,
through September 30 , 1993 , and have agreed to pay to the City
the sum of $300 .00 each year over the five-year term of the
extension; be it therefore
RESOLVED, that the proper City officials are hereby
authorized to execute on behalf of the City of Saint Paul a five-
year extension of Lease Agreement PW/12 from October 1, 1988 ,
through September 30, 1993, between the City of Saint Paul
(Department of Public Works jurisdiction) and Hermione M. Schmidt
and Elizabeth L. Schmidt.
COUNCIL MEMBERS Requested by Department of:
Yeas Nays �
Dimond F•
�og In Favor
Goswitz
Rettman O
sche;be� _ Against By �Dir ct
� t�-r��t�
.1AN i 9 1�9 Form Approved City At rney � ,
Adopted by Council: Date ) �
Certified Passe b o ncil Secret BY _ f �� ���
By
t�pprov d y (Vlav • ate _ •��N '� `� ��U�_ Appr d by Mayor for Sub ' 'on o Cffiuncil
gy Xi�--�
�1l�.iSt�EB J�� 2 � 1989
. � �g���� �
�t�nce & M�st$ement 5eriiices �11,/3I88 ����* ���� �� � N4..������� �
� o�a►�exr or�cma ` g w�wn roe,�sr�rrq � -
DaVe �Tel$otl �� �.�wu�a�a+rs�+ncr�o�9on �«na.�c :
Finance 298-531 . �° �,00�row�cTOA
1�� on9En: i cm,�,yon�r �
To xen�a L�ease A�,reement PW/12 for: ftve years, frc�m October 1, 19$$, thr.ough
5eptem�ier 30, ��3: 1t+�feret�Ze: � 1. Sample copy af le�se agreemeat; 2. Kesalutinn
` `for enacE�ent; 3.` Map s�ta�hed. : -
.:
e(Ap"pro�ieµy a t�.) oOtJNdL RE�tAllCtt REFOR'►: . �,
- �' MIIMINO OOGwMBBION - qVlt�. oOMAI$6pN- � oA1E rti� DATE our � - � 'lyNtYET �-� � � -. � � .-Ffq1iE�N0. � � . � �.
` iONiq CGIMM98ION� . . . . 18d e?b8G100L BOJIND... .�� . . . . . . ._:. .. � � . ... .
� SFIffF- . . _.. pMRT6FCOMM8810N- .� . . COMPLETE.AS IS � � �-XDDi lA�. � � ... . _ . � ..
_ � � � - � . . � _ -. ' � _FDA.AOOL MIFO... -��ADO[Q• ���
� DIBTiiCT AODUi011. �. � - .. . n. �f . . . � . . ... _
. . . •EXPLAlN7fON: � �-� �V• �`�� �JIIU.. - .. . . ...�. :�
� . �ffiIP/fl11781M1ACN CblMCIL�E7 . . . � . � . � . . �� .
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Ag� xp � 1988. ; . , :
NOV 1619$8 - -
Lease eement PW/12 e ired on October 1
. . : a�A�roas o�cE '
Councif Research Center.
�r U V 1 u ��88
�aw�.r�.�.;,u�».,�: . . . �
City wi11: receive $300.OQ each 3�gar- ove�-�he--f�ve-�rear term of the l.eae� for�:a � '
,...
� tot�l of �i�5U0.00. ,:_ . � ; :
;;, �.�Oli�1M1�1R�#nd Fo:flMwAd: .. .. -. ,. ,.,. '
G"ity will a:lto�at 1�s$ees to �iti.lize the sub3 ecC property, �ocat�d.at -the resr of I�2b��ideas�m�.nater
and south of .�9�rlington, wtlich is' vaeant land 'adjaceufi 'Co a storm wster ponding area aa as� --
ex�rcise area for.-,dogs. The proper.ty was acquired about .ten years.-agq, from �he leasee. Aa
a part of the negot3ations ta acquire, the'owners wanted to reta3n space for thei� d�rgs.. �;:
a : . lease .:p�csvi.d�g :t�,ia �o[f.nor-. conc?essio�.: and� in no waq red�ees the C#tg's �ffe��i� t�se �f: .t�.�:'-� .
, . � : . ' '. :
. iw:s�t�.. . _:. : . vnos. - • -; : . .
N/A � -
We h�ve had two previous leases. During those periods, the ��latioa�3t�ip bet�een �" �-
- fihe Tes�ee snd. Iesso�,has been good. ; _
��` .
_ .<. '
N/A .
.. . � , G�' ��- 1�6 9
Revised 4/17/86
Authority (C.F. or A.O. ) t.
LEASE NO.
FINANCE DEPT. LEASE N0. PW/12
�l:s or
DATE ,��'t � �
October 1, 1988 a i
o � a
� ut1lllIliI �
� u17 !�! U C
LESSOR � �
City of Saint Paul iss•
CITY DEPARTMENT CITY OF SAINT PAUL.
Public Works REAL PROPERTY
LESSEE LEASE AGREEMENT
Hermione M. Schidt and Elizabeth L. Schmidt
ADDRESS
1426 Westminster Street, Saint Paul, MN 55101
(1) Leased Premises. The LESSOR, in consideration of the payment
of the Basic Rent and Additional Rent hereinaf ter specified to be paid
by the LESSEE, and the covenants and agreements herein contained, does
hereby lease, demise and let unto LESSEE the following described �
premises, which are hereinafter referred to as th� "Leased Premises":
(here insert the Legal Description)
That part of the East 156.25 feet of Lot 2, J.M. Warner's Lots lying West of a
line drawn between a point on the North line of said Lot 2 a distance of 100
feet from the center line of Edgemont Street and a point on the South line of
said Lot 2 a distance of 75 feet from the center line of Edgemont Street, situated
in Ramsey County, State of Minnesota.
together with any and all buildinqs, fixtures in such buildings ,
improvements and/or structures, if any, located thereon;
Whose Street Address is Land adjacent to 1426 Westminster Street
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See Exhibit "A" Plan or Map ot leased area which is iacorporated
herein by this regereace.
_ Type of Property (Vacant Land/Buildinq) Square Faotaqe
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Vacant Land- a�proximatil,y 9660 square feet
(2) Term of Lease This Iease shal2 be in sffect for a term
com meacing and endiaq on the dates indicated below, nnless terminated
earlier by the LESSOS as provided herein.
Term (Months/Years) Commencinq Date Endinq Date
5 years October 1, 1988 September 30, �993
(3) IIse of Premises. The premises shall be used and occupied by
LESSEE for the following purpose:
The LESSEE'S personel use '
and for no other purpose without the prior written consent of LESSOR.
(4) Basic Rent. Sent shall be paid by the LESSBE in advance, an
the first day of each and enety payment period thereaf ter as indicated
in the Payment Schedule below: .
Total Basic Rent Payment Schedule
Duriag Lease Term (Monthly/AnnualZy - Commencinq Date - � per Period)
si�sn nn Annually October 1, 1988 5��3�0.0�`
LESSEE shall make all paym ents of Basic Rent aad Additienal Rent
to LESSOR at the following address: .
Public Works Accountin¢ Division 600 �itn Ha11 Annex Sr_ Pa�,1 � rtN 551�� �
The applicable account number for City Finance accounting Code is:
42-310
(5) Addit�onal 8ent. The LESS�E shall pay a13. Additional Rent.
Additional Reat means a11. amounts, other than Basic Rent provided for
ia paraqraph 4 above, r+hich LESSBE is or may becoae obliqated to pay
nader this paraqraph or other provisions of this Lease. Additional
Reat includes, but is not limited to, the gollowinq �ees, costs and
expenses : (a) a11 ntilities , includinq water , electric , qas ,
telephene, sewaqe and qarbaqe collection and disposal; (b) costs for
the repairs , improvements or alterations required to be made by the
LESSE� in paragraph 12 oE this Lease; (c) all taxes on realty or
personalty, qeneral or special; . and (d) all public rates, dues ,
charqes and assessments, general or special, of aay kiad upon the
Leased Premises. In the event tttat LESSEE does not make such papmeats
(or aay pay�ents required to be paid as Additional aent) , LBSSOR maY
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m ake the payments at its option, and the payments so paid become
Additional Rent, and are due and payable by the LESSBE with the
payment of Basic Rent next required atter written notice of same to
the LESSEE by LESSOR. L-
(6) Taxes. LESSEE shall be responsible Eor and gay all taxes and
assessments aqainst the Leased Premises, eacept that LESSEE may at its
own expense contest and challenge the impositioa or amount of any such
tax or assessment in accordance with law; provided, however, that in
the event this Lease is terminated by either party, LESS08 may at its
option require the LESSEE to pay such contested taxes pending appeal,
to place in escrow a sum sufficient to pay said taaes, or take other
action which will remove said contested taxes as an encumbrance to
title (or as an exception to the transferability of marketable title
to the Leased Premises) .
(7) Right of Entry. At all times during the term of this lease,
the LESSOR shall have the right, by itself, its aqents and employees,
to enter into and upon the Leased Premises durinq reasonable business
hours for the purpose of examininq and inspecting the same.
(8) LESSEE'S Insurance. LESSEE shall maintain durinq the term of
this lease and upon the leased premises certain insurance coveraqe
which is described as follows:
(a) WORRERS' COMPENSATION INSQRANCE .with coveraqe not
less than the statntory limits and BMPLOYERS
LIABILITY INSIIRANCE with limits of not less than:
PER ACCIDENT .
(b) CO MPREHENSIOE GENERAL LIABILITY insurance including
blanket contractual liability coverage aad personal
liability coveraqe with a combined sinqle limit of
not less than: �
B.I. $ 500,000/P.D. $ 300,000 pER OCCIIRRENCE •
Such insurance shall (1) name the City of Saint Paul,
its elected and appointed officers, employees and
aqeats as additional insureds; (2) be primary with
' respect to LESSOR'S insurance or self-insurance
proqram; (3) contaia a standard cross liabil.ity
endcrsement, (4) not exclude explosion, collapse and
underqraund property damaqe; and (5) be written on an
"Occurrence" Form pclicy basis.
(c) PROPEBTY INSIIRANCE includinq fire, extended coveraqe
and all-risk insurance conering the demised oremises
and all property I.ocated therein belonginq to LESSOR
in an amount equal to 90$ of the full replacement and
reconstruction cost of the property. The amount of
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the deductible, if any, shall aot exceed $ of
• full replacement. The amount as indicated below is .
the amouat of coneraqe aqreed to bp the parties at
the inception of this Lease. Such policy shall be on
a replacement cost basis, with permission to replace
at any site. The amount of insurance shall be
increased to an amount equal to 90$ of the full
replacement and reconstruction cost of the premises
on every annual anniversary date of this Lease.
Whenever requested by LESSOR, LESSEE shall procure an
appraisai of the Leased Premises from an appraiser
approved by LESSOR, and the new appraisal amount
shall then become the new basis for insurable value.
The policy will be issued in the name of
LESSOR with loss payable to LESSOR and LESSEE as
their respective interests may appear.
AMOUNT AGREED UPON COVERAGE
With respect to property losses not covered by
insurance , it shall 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. The LESSEE shall be responsible for
payment of the insurance pol.icy deductible amonnt (as
stated in the Property Insurance policy for the
leased pre�aises) to the LESSOR in the event of any
� lcss conered or which would be covered by the policy.
(d) The policies required in this section shall name
LESSOR, and any persons, firms, or corporations
desiqnated by LESSoR as an insured, and shall contain
a c2ause that the insurer cannot cancel or chanqe the
insurance without first giving the LESSOR 30 days'
prior written notice. . �
The insurance shall be placed with responsible
insurance companies authorized and licensed to do •
business in the State of Minnesota and approved by
LESSOR and copies of the policies shall be delivered
to LESSOR oa the date of LESSOR'S execution of this
aqreement. The policies shall also indicate that
coveraqe shall not be invalid dne to any act or
omission on the part of the LESSOR. It such policies
are not delivered to the LESSOR as provided, the
LESSOR may at its optioa terminate the Lease or place
the insurance itself and bill the LESSEE for the cost
of coveraqe as Additional Rent.
It is specifically understood and aqreed that all of
the proceeds og such insurance policies shall belonq
to and be payable to the LESSOR, aad that the LESSOR,
after application of such proceeds to the loss, may
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apply any remaininq proceeds to a separate noninsured
loss of the LESSBB arisinq out of the use or
condition of the Leased Premises.
If for any reason any of the insurance hereunder is
void, the LESSEE is responsible to the LESSOR for the
total amount of the uninsured loss.
(9) Cancellation or Termination. This lease shall be subject to
cancellation and termination by LESSOR at any time during the term
hereof by gininq 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 adnance of the date when such termination shall become
. effective. In the event of such termination any unearned rental paid
by the LESSEE shall be returned to LESSEE without interest.
(10) Notice. All notices herein provided to be given, or
which may be given by either oarty to the otner , shall be deemed to
have been fully given when served personally on LESSOR or LESSEE, or
when made in writing and deposited in the United States Mail,
certified and postage prepaid, and address�ed to the LESSEE at the
address stated on page 1 and to the LESSOR, at the Division of
Valuations, Rea7. Estate Section, 218 City Hall, Saint Paul, Minnesota
SS102. The address to which the notice shall be mailed may be changed
by written notice qivea by either party to the other. Nothing herein
shall preclude the qiving of such address change � notice by personai
sernice. "
(11) Assignment and Subletting. LESSEE shall not assign or
sublet this lease without the written consent of the LESSOR, which
consent must be obtained prior to the execution of any aqreement to
sublease the Leased Premises.
(12) Maintenance and Repairs LESSEE shall, at its own cost and
expense, be responsible for all repairs, maintenance and upkeep of the
Leased Premises, includinq but not limited to emergency repairs of any
kind; routine maintenance and repair to keep the Leased Premises in
qood repair , safe and in compliance with applicable fire, health,
buildinq and other life safety codes; and all repairs and maintenance
needed to keep the buildings or structures on the Leased Premises in
qood condition, includinq (a) the esterior and interior structare of
the buildinq or structures, (b) the roof or roofs , (c) the heatinq ,
ventilating and air conditioning systems therein, and (d) all
electrical, plumbinq, liqhtinq and mechanical systems (including
windows) . The foreqoinq obliqations shall bind the LESSEE reqardless
of the cause of the damaqe or condition necessitating the repair or
maintenance.
tl3) PaYments in Case of Defauit. LESSEE shall pay LBSSOB all
costs and expenses, includinq reasonable attorney's fees in any action
brought by LESSOR to recover any rent due and unpaid hereunder, or for
the breach or default of any of the covenants or aqreements contained
in this lease, or to recover possession of said property, whether such
action progresses to judqment or not.
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(1.4) Surrender of Premises. The LESSEE, at the expiration of
said term, or any sooner termination of this lease, shall quit
peacefully and surrender possession 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 LESSEE aqrees to indemnify, defend, save and
hold harmless the City of Saint Paul and any aqents, officers and
employees thereof from all claims , demands, actions or causes of
action of whatsoever nature or 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 condition of the premises or as a result of the
operations or business activities takinq place on the premises. It is
fully understood and agreed that LESSEE is aware of the conditions of
the leased premises and leases the same "as is".
(16) Hold Over. Should the LESSEE hold over after the expiration
of the term of this Lease with the consent of the LESSOR, express or
implied, said 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) Pollution and Contaminants. LESSEE agrees to comply with
aIl ordinances , 1aws , rules and regulations . enacted by any
qovernmeatal body or agency relating to the control, abatement or
emissicn of air and water contaminants and/or the disposal of refuse,
solid wastes or liquid wastes.
LESSEE shall bear all cost and expense arising from compliance with
said ordinances , Iaws , rules , or requlations and shall indemnify,
defend, save and hold harmless LESSOR from all liability, including
without limitation, fines , forfeitures, and penalties arising in
connection with the failure by LESSEE to comply with such ordinances,
laws, rules or regulations. LESSOR has the right to perform cleanup
and charqe the LESSEE for such costs should the LESSEE fail to comply.
(18) Controlling Lease. In the event there is any prior existing
lease or rental agreement between LESSEE and LESSOR (or its
predecessor in interest) covering the subject property, it is agreed
and understood that this Lease shall caacel and terminate any prior
leases or rental aqreements as of the effective date of this lease.
(19) Destruction. In the event of damage to or destruction of
the Leased Premises or in the event the premises becomes untenable or
unfit for occupancy due to such damaqe durinq the term of this Lease,
LESSOR may at its option terminate the lease upon fifteen (15) days
written notice to LESSEE; or within fifteen (15) days aqree to restore
the premises within a specified time period foilowing the casualty,
charging the costs in excess of 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 existinq
im mediately prior to such damaqe or destruction, and for that purpose,
if such damaqe or destruction was caused by perils insnred against the
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LESSOR shall make available to LESSEE pro rata, as work proqresses,
the net proceeds of such iasurance. I� such proceeds are insufficient
to pay the entire cost thereof, LESSEE agrees to pay as Additional
Rent, a lump sum payment (or in a form agreed upon by the LLESSOR)
equal to the remainder of such cost. The Basic Rents to be paid
durinq the restoration period shall be abated in ptoportion to the
percentage of loss and impairaent of the use of� the Leased Premises as
determined by the LESSOR, times the number of days of loss or
impairment.
(20) Events of Default. Any of the followinq events occurrinq
during the term of this lease shall constitute an event of default by
the LESSEE:
(a) the filing of a petition to have LESSEE adjudicated
bankrupt or a petition for reorganization or arrangement
under any laws of the IInited States relating to bankruptcy
filed by LESSEE;
(b) in the event a petition to have LESSEE adjudicated bankrupt
is filed aqainst LESSEE, the failure to dismiss such
petition within ninety (90) days from the date of such
filing;
(c) the assets of LESSEE or of the business conducted by LESSEE
on the Leased Premises be assumed by any trustee or other
person pursuant to any judicial proceedinqs;
(d) LESSEE makes any assiqnment tor the benefit of creditors;
(e) the failure by LESSEE to timely pay Basic Rent or
Additional Rent as required by this Lease;
(f) the failure by L3SSEE to observe and perform any covenant,
condition or aqreement on its part to be observed or
performed as required by this Lease; or
(g) the failure by LESSEE or its surety to discharqe, satisfy
or release any lien or lien statement filed or recorded
against the Leased Premises within 60 days after the date
of such filinq or recordinq, whichever date is earlier .
It. is aa express covenant and agreement of LESSOR and LESSEB that
LESSOR may, at its election, terminate this Lease in the event of the
occurrence of any of the events described in this paraqraph or in
paraqraph 23 relatinq to liens by qivinq not Iess than ten (10) days'
written notice to LESSBE; and when so terminated, LESSOR may reenter
the Leased Premises. This Lease and its Leased Premises shall not be
treated as an asset of LESSBE'S estate. It is further expressly
understood and agreed that LESSOR shall be entitled upon such reeatry,
notwithstandinq any other provision of this Lease, to exercise such
riqhts and remedies as are pcovided in Default Remedies Section of
this Lease.
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(21) Compliance with Laws. The property described herein may be
_ used for only the purposes stated herein. It is the sole and
exclusive responsibility of the LESSEE in the use of the property to
comply with any and all laws, rules, requlations or ordinances =imposed
by any jurisdiction affecting 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 , requlations or ordinances will
not reliene the LESSEE of the obligation to pay the rental provided
herein.
(22) Non-Discrimination. The LESSEE for hi�self, his personal
representatives, successors in interest,and assigns, as a nart of the
consideration hereof , does hereby covenant and aqree , as a covenant
- running with the land, that (1) no person, on the ground of race, sex,
color , creed, religion, age, disability, marital status, status with
respect to public assistance, or national origin or ancestry shall be
excluded from participation in, be denied the benefits of , or be
otherwise subjected to discrimination in the use of said facilities,
(2) that in connection with the construction of any improvements on
said lands and the furnishing of services thereon, no discrimination
shall be practiced in the selection of employees and contractors, by
contractors in the � selection and retention of first- tier
subcontractors, and by first-tier subcontractors in the selection and
retention of second-tier subcontractors, (3) that such discrimination
shall not be practiced against the public in their access in and use
of the facilities and services provided for as pub2ic accommodations
(such as eatinq, sleeping , rest, and recreatioa) constructed or
operated on the Leased Premises, and (4) that the LSSSEE shall use the
premises in compliance with all other requirements imposed pursuant to
the St. Paul Legislative Code Chapter 183.
(23) Liens. The LESSEE shall not permit mechanic's liens or other
iiens to be filed or established or to remain aqainst the Leased
Premises for labor, materials or services furnished in connection with
any additions , modifications , improvements, repairs, renewals or
replacements made to the Leased 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 irrevocable letter of credit acceptable to the
LESSOA equal to the amount of the claim of lien, LESSEE may in qood
faith contest any such claims or mechanic's or other liens filed or
established and in such event may permit the items contested to remain
undischarqed and unsatisfied during the period of such contest. If, in
the opinion of the LESSOR, the nonpayment of any such items subjects
the Leased Premises to any loss or forfeiture, the LESSOR 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) �minent Domain. In the enent the entire Leased Premises
are taken by eminent domain, or such portion thereof is so taken that
in LESSEE'S reasonable judgement it is uneconomic thereafter to
restore the Leased Premises and proceed under the terms and pronisions
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� of. this Lease, LESSEE may terminate this Lease by qiving to LSSSOR
thirty (30) days' written notice of termiaation, effectine as of the
date. on which the coademning authority acquires leqal title or
physical possession of the Leased Premises. LESSEE hereby waives and
=eleases any claim to or share in the Award of Compensation for the
takinq, notwithstandinq any other provision of law , this Lease or
another aqreement. LESSEE may to the exteat otherwise permitted in the
eminent domain proceeding , remove its own trade fixtures at its own
expense .
(25) Default Remedies. In the enent an Event of Default occurs
under paraqraph 20 of this Lease, LESSOR may exercise any one or more
of the followinq remedies:
(a) reenter and take possession of the Premises without
termination of this Lease, and use its best efforts to
lease the Premises to, or enter into an agreement with,
another person for the 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 an �agreement with another in accordance
with applicable law;
(c) exclude LESSEE from possession of the Premises , with or
without terminatinq this lease and operate the Premises
itself;
(d) terminate the Lease, exclude LESSEE from 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 LESSOR, in its sole discretioa, shall
determine and apply the proceeds of such sale less any
expenses thereof for the account of the LESSEE.
(e) exercise any remedies available to it under the Minnesota
Qniform Commerical Code;
(f) take Whatever action at law or in eqnity may appear
necessary or appropriate to collect the Basic Rent and
Additional Rent then due and thereafter to become due, or
to enforce performance and observance of any obliqatioa,
agreement or covenant of the LESSEE under this Lease.
(g) in exercising any of its remedies set forth in this
Section, the LESSOR may, whether or not the Lease is then
in effect, hold the LESSEE I.iable for the difference
between the payments and other costs for which the LESSEE
is responsible under this Lease.
(h) nc remedy herein conferred upan or reserved to LESSOit is
intended to be exclusive of any other anailable remedy or
9
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remedies , but each and every such remedy shall be
cumulative and sl�all be in addition to every other remedy
given under this lease oz now or thereafter existinq at law
or in equity by statute. No del.ay or omissioa to exercise
any riqht or power accruiaq upon any default shall impair
any such riqht or power or shall be construed to be a
waiver thereof , but any such right and power may be
exercised from time to time and as often as may be deemed
expedient. In order to entitle the LESSOR to exercise any
remedy reserned to it on this Provision, it shall not be
necessary to qive any notice, other than such notice as may
be herein expressly required.
( 26) Amended. Anything herein contained to the contrary
notwithstanding, this lease may be terminated, and the provisions of
this Lease may be , in writing , amended by mutual consent of the
parties herein.
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THB FOLLOWING SPACB BBLOW IS PROVIDBD FOR ANY ADDLTIONAL
PSOQZS IONS 08 AEQQIRBM8IQTS..
' .,.
(27) Permission is granted to con�truct and maintain a fence around and on
that portion of City property herein demised, subject to compliance with
the following conditions:
a) LESSEE shall perform a11 such described work at its own expense
under the supervision and to the satisfaction and approval of the •
Director of the Department of Public Works.
b) LESSEE shall pay the cost �of such work and any permits relating �
to the work contemplated.
c) LESSEE shall periait employees of the City of Saint Paul or persons
having contracts with the City of Saint Paul ready access to the
premises for inspection.
d) LESSEE acknowledges that the leased property may flood from time
to time. .
11
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c�r �
; IN WITNESS WHEREOF, the patties hereto have set their hands and
: seals the day and year in this Lease first abone written.
�-
LESSOR — CITY OF SAINT PAIIL
MAYOR
CITY CLERR
. DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES
DEPARTMENT DIRECTOR
CITY ATTORNEY (FORM APPROVAL) �
ss�sssaassaa�s�sZSasasass�soaaa3aaz:sssss�3s=aass:asa:as=sss:sssaaass
LESSEE
ITS
ITS
ITS
Revised 4/17/86
(LEASE)
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LBSSOR NOTARY
: STATE OF MINNESOTA )
) S S. `'
COUNTY OF RAMSEY )
The foregoinq instrument was acknowledqed before me this
day of , 19 , by
George Latimer, Mayor of the City of Saint Paul, a municipal
corporation of the State of Minnesota, on behalf of said City of
Saint Paul.
Notary Public
The foregoing instrument was acknowledged before me
this �_ day of , 19� , by
Albert Olson, City Clerk of the City of Saint Paul, a municipal
corporation of the State of Minnesota, on behalf of said City of
Saint Paul.
Notary Public
The foreqoing instrument was acknowledqed before me this
day of , 19 ,
b y _____________�___�_�____� D i r e c t o r o f F i n a n c e a n d
Management Services of the City of Saint Paul, a municipal
corporation of the State of Minnesota, on behalf of said City of
Saint Paul.
Notary Public
LESSEB NOTARY
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledqed before me this
____day of , 19_____ ,
------- ----------------------
by
its
Notary Public
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8. ��� ti� ' ��'���"�d�er 6#���rd�wed
�,BS 88-1969. Aut ,
. +offi.ai� ,' �� ` to executie�'a �' '���{�e�t�ion of 3-0
]�� nt between the City of St. ' Paul
P�bl�., � '. t ,q ks Departme�n� and Hermoine and
���t - Schmidt for pro�erty ad�acent to
�orm .3�" �,�.�ding�`'��► �°�'�';,�T426 WES�IINSTER.
� ° �������`C�,�nmittee 12/13/88.)
9. RESOLUTION 88-1970: Authorizing proper City Laid Over
officials to pay Ed and Barbara Orndorf in
$23,000 for the purchase of property located Committee
at 524 N. DALE STREET for the widening of Dale Two Weeks
Street between Sherburne and Van Buren
Avenues. (Referred to Committee 12/13/88.)
10. RESOLUTION 89-24: Authorizing proper City Approved
officials to pay Esther Miller $45,000 for the 3-0
purchase of property described as the south
1/2 of Lot 15, Block 1, Subd. of Block 13,
Stinson's Division for the widening of Dale
Street between Sherburne and Van Buren.
(Referred to Committee 1/3/89) .
11. RESOLUTION 89-2: An ordinance creating a new Laid Over
Chapter 236 of the Legislative Code in
prohibiting the use of certain packaging Committee
materials for food and beverages sold at One Month
retail. (Referred to Committee 1/3/89) .
12. RESOLUTION 88-1971: Establishing a Approved
coordinated recycling program for the 3-0 with
separation and collection of recycable Amend. to
materials in all City government buildings. Delete
Council supports including space in CHCH Last Paragraph
renovation plans for storage of materials,
encourage the purchase and use of recyclable
and reusable products where feasible and that
Departments assist in the implementation of
this policy. Referred to Committee 12/13/88.
13. DISCUSSION: Continental Cablevision request to Laid Over
renegotiate franchise requirements. for further
Information
14. Other Business.
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