87-556 WMITE - CITV CLERK
PINK - FINANCE G I TY OF SA I NT PA U L Council
CANARV - DEPARTMENT
Bl_UE - MAVOR File NO. � ��
Return copy to: • CQUn 'l Resolution
Valuations - Room 218
�Granite) (DN) ' � /
resented y L �
-.____--�
Referred To � ��� � Committee: Date "'T� � ���
Out of Commi.ttee By Date
RESOLV]3D, that the Council of the City of Saint Paul does
hereby authorize and direct the proper City officials to execute
a two (2) year of Lease Agreement referred to as CS/30 commencing
on May 1, 1987 and ending on April 30, 1989 between the City of
Saint Paul and the State of Minnesota for land owned by the State
and located on the West Side of I-35 between Granite and Cayuga
Streets, said land to be used for playground purposes (Cayuga
Playground) . Said lease agreement CS/30 is in effect a renewal
of a preexisting lease agreement between the same parties .
Consideration for use of the property is to be $200 for the
total term of the lease.
COUNCILMEN Requested by Department of:
Yeas DfeW Nays
�`� � In Favor
Rettman J
�� t�l i
S�nnen v __ Against By �� Dir ctor
Tedesco '3,17�� � r n
Wilson 1AC� � � �
APR 2 3 ��o Form Appro ed by City ttorney � \�
Adopted by� Council: Date B �C�.��C 3 (3 �
Certified as Cuuncil S t Y
g},
t�pprov y :Navor. Date
� ��i� � ( 1��� Appr e by Mayor for m�ssion to Council
B
P�.�SH�D �`:::�`,' � 1987
na ement S v es - DEPA MEN7 ������N� _ 07819
�
CONTaCT
298-5317 PHONE . .
Ma:rch 9, 1987 DATE 1 e ,r� Q, e
�
ASSIGN NUhBER FOR .ROUTING ORDER (Cl iv All Locations for Siaru�ure}:
x Departm�nt Director � Director of Management/Mayor '
� Finance and Management Services Director .� � City Clerk .
Budget Di r'eCtor. - ,,,� :Valuation and Assessm�nt �
� City Attorney i
., 4
WHAT WILL BE ACHIE�IEQ BY TAKING ACTION ON� THE ATTACHED MATERIAlS? (Purpose/ . . �
- Rationale) :
R�ecution'of a tw�o-year renewal of Lease Agreement CS/30 between the City of Saint Paul and
the Statetof Minnesota for property use� as an extension of the Cayuga Playground site. �
I
�
COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS ANTICIPATED: J`�.+►��I��D '
The rent is $200 for the term of the lease.
�
_ MAR �8 19$7 a
, �
. :
_ MAYOt�S Q�FI�E
FINANCING SOURCE AND BUQGET ACTIVITY NUN�3ER CHARGED OR CREDITED: (Mayor's signa-
Total Amour�t of°Transaction: 5200.00 quired�ifrunder
� �10,000)
Fu�di rrg Sour.ce: -03170 �
Activity Number: • ,
ATTACHMENTS (List and Number All Attachments) :
1. Council Resolution for' signature. RECEN� „r ;
2. Co.py of Lease Agreement.
3. Map of area. 11�AR ],� �'�87
t)ffICE.OF THE DIREC'Tn�t
DEPARTMENT OF �"'� �r �
' , ANQ MAiW�OEMEN7 �c:;�vi:. ; ;
�
DEPARTMENT REVIEW CITY ATTORNEY REYIEYI
x Yes No Council Resolution Required? � Resolat4on Required? Yes No j
Yes x No Insurance Required? Insurance Sufficient? Yes No
Yes No Insurance Attached:
City is self-insured for liability. !
° � (SEE •REVERSE S�DE FOR INSTRUCTIONS) �
'Revised 12/84 '
• �
� � � �
. � . , f�= ������
Minnesata Department of Transportation
Office of Right of Way
Room 511, Transportation Building
St. Paul, Minnesota 55155
(612 ) 296-3226
S . P. 6235 {10=113 } 901 *02-002 LEASE NO.
PARCELS 103, 103A, 104 and 105 H-4201
COMMERCIAL LFASr
THIS LEASE, made the 3rd day of March, 1987, at St. Paul , Minnesata,
by and betweer. the State of t�innesota, Department of Transnor�ation,
Lessor , �nd 'she �it� af Sa:�nt: �'�u:!_ p "'�nant.
�Ia il le�se to: Dave Nel son
Supervisor of Real Estate
218 City Hail
St. Paul, Minnesota 55102
W I T N E S S E T H
In consideration of payment of th� rent hereir,yi�G�r spPcified to be
paid by Tenant, and the covenants and agreements herein contained,
Lessor hereby leases to Tenant that certain property (herein called
the Premises ) in the Count� af Ramsey, State of Minnesota, the address
of which is the west syde of I-35E between Granite and Cayuga Streets ,
St. Paul.
Type of Property: Vacant Land
� � � � ��-�>��
IT IS AGREED:
1. RENT. Tenant shall pay to Lessor as rent for the Premises
described above the sum of $200. 00, in one payment of $200. 00 in
advance. Rent payment is to be mailed or delivered to Lessor ' s
finance office as follows:
Department of Transportation Make checks payable to:
Office of Financial Management
Accounting Department Minnesota State Treasurer
461 Rice Street
St. Paul , Minnesota 55103
2. PREPAID RENT. Tenant has paid to Lessor the sum of $200. 00 as
rent for May 1, 1987 through April 30, 1989.
3. USE OF PREMISES. Tenant will use the Premises for the following
purpose only: Playground.
It shall be the sole responsibility of Tenant to comply with all laws ,
regulations , or ordinances imposed by any jurisdiction governing the
use • of the Premis�s. Failure to comply will not relieve Tenant of the
obligation to pay rent.
4. MAINTENANCE AND REPAIRS. Tenant shall keep the Premises in good
condition at Tenant's own expense, and shall not call on Lessor to
make any improvements or repairs.
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 Lessor 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 Lessor ,
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 giving the other
party notice in writing at least 60 days prior to the date when the
cancellation shall become effective. Furthermore, this lease shall be
, subject to cancellation by Lessor if the Premises becomes needed for
highway purposes (as determined solely by Lessor ) 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, indemnify, save
harmless, and release Lessor and Lessor '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 propert� ( including Tenant and
Tenant ' s property) occurring on the Premises or connected with
Tenant's use and occupancy of the Premises. #����aees�x��a�x�saXxatx�s�
r�xxls�a�Yr�xx��esc�cx�c�axa�sxA�cx�z��XA�c�a�tx�X�X�a����t�X'��`
$�gX�cX��xx�C�a�p�CX��x�X�X����c�zb�i��Ak�cx�c�d�ess�cxl��o�xs�x�xa�
g�x��Lxxxp�x����s�CX�s�s��x�dx7�x��lmt�c�x�}�x�ea�a��ssx�x��rrex��xaaax
����wX�X�s��c�xasax�u�x�xxa�c�a�x�x�a�sx�s���xx�$�
��i�X���zti��t�'�'{�tX�'���saaax
9. LIABILITY INSURANCE. X�a���tx�a��xa�al�c}d�alsa�x�i�cx�a��xx�eaxn
t����xx�asas��X�xlK���xx�X�kasxx�cxa�i�c���rx�¢acs�aaa��xx���nc�e x
€��tavX�tgsXm�#.��atta�xki�m�.�X��x�ai�c�ci���x
�����ma��t�����ls}��Da�xsa���a�c �$�c@Q��}{d3c�x�x�isxx:eaxiss
��x�����
�X�ti��t���st3��X�k�X���X�������x�cR��v�r�x#�x�a�x��x�xs
���t�K�x}�t�9.����XL��s��LX��X��X��.�X��!tx���xXX�aatcg�sr�tte�s��
���4$X���[����������4����f����51��#��X��L����XKS�k���k,
�����t�xX����������t�t�������tl�X�t��L�a��X��}i�xg�
����X����f�$i�f'K�i�X�F��X��f����72�.�t4�x��4��t4��S��x�X�
������4�K��X�X��i���X���X����4;5��i�FS���s�X�����XX��X
�xfa�oa:lsex���,x�ara�mexxta�tsxa8��c�x�¢�ase�x�ecx&�l�ctxx�z�es�cx��eat��d
ax.xkxsl��x�l�ec�xi�be�x#.i�ecx3c��aesoo�x��e�x��c�sx�o����ax���ec3cx��tx��
�►��3c�cx (See Par . 19 for self-insurance provision. )
10. FIRE INSURANCE. None required. Tenan� will make no claim
against Lessor arising out of any loss to the Premises.
11. RIGHT TO ENTER. Tenant shall allow Lessor, Lessor ' s contractors,
anc3 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 Lessor to enter
upon the Premises to inspect, maintain, and repair any overhead bridge
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 Lessor 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, Lessor 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
Lessor ) , if Tenant is not present to permit entry onto the Premises,
Lessor or its representatives may enter without notice to Tenant, and
for such entry Lessor or its representatives shall not be liable to
Tenant.
1?. ?�DJACENT HIGFIW"�`� FhCiL��'Y. Tez�ar�i� si23li zot permit the storage
of any substance or mater. ial on the Premisas wriich may create a fire
hazard to the adjacent highway facility ( including any overhead bridge
and its structural supports ) . If Lessor determines that Tenant is
using the Premises in such a way as to create a danger to the adjacent
highway facility or the traveling �ublic thereon, and if , upon
receiving notice, Tenant does not remedy the danger to the
satisfaction of Lessor, then Lessor 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 Ten�nt
will be returned.
, � • . �r=�l��
13. SUBLETTING. Tenant shall not assign or sublet this lease without
the written consent of Lessor.
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 operate and maintain such
facilities 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 Tenant contained
in this lease, Lessor may, at any time after default, re-enter and
take possession of the Premises in the manner provided by law. Tenant
will pay Lessor all costs and expenses, including attorney' s fees, in
any successf ul action brought by Lessor 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 Lessor , 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 that this lease shall cancel the
• prior lease as of the beginning date of this lease .
19. ADDITIONAL AGREEMENTS . Tenant may issue to Lessor a statement of
self-insurance in lieu of the certificate of liability insurance
reguired under Paragraph 9. See attached EXHIBIT "�" .
TENANT Approved as to form and execution
CITY OF SAINT PAUL ATTORNEY GENERAL
By:
gy: Special Assistant Attorney General
Title:Director of Community Services
gy: Date :
Title: Mayor
By:
Title= City Clerk
_ By:
Title: Director of Finance and Management Services
LESSOR, STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
COMMISSIONER OF TRANSPORTATION
By-
Director
Office of Right of Way and Surveys
RW00037939G
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A���',,; CITY OF SAINT PAUL
OFFICE OF THE CITY ATTORNEY
O A�'
�`► =i������' �� EDWARD P. STARR, CITY ATTORNEY
��'•,,�.�.s� 647 Ciry Hall,Saint Paul,Minnesota 55102
G12-298-5121
GEORGE LATIMER
MAYOR
EXHIBIT "A"
March 10 , 1987
TO WHOM IT MAY CONCERN:
This letter is to state that the City of Sair� t Paiil ,
Minnesota, is self- insured under the laws of the St�ate o�
Minnesota for the purposes of tort claims against t�his
municipality.
Yours very *ruJ.y ,
�� �
JOHN MCCORMICK
Assistant City Attorney
,�.i111L.P. icr.r�nl � � � . � /} G
cr1IVCE, M�NAGEMENT & PERSONNEL COMMITTEE . (,`�0 7�SS�
-i1 16, 1987
�e 2
11. Resolution amending the 1987 budget by adding $21,646 to the Financing Plan
and to the Spending Plan for Police Department - Patrol Division (laid over
from April 2) . auproved�
12. Resolution amending the 1987 budget by adding $57,200 to the Financing Plan
and to the Spending Plan for Public Works Engineering Fund (upgrade of pyramid
computer) . laid over ,to 4/23
13. Resolution releasing monies from CIB Special Contingency Fund for the Cleveland/
Highlaad traffic signal. avvroved
I4. Resolution amending the 1987 budget by transferring $26,873 from Contingent
Reserve to Co�unity Services Department - Parks and Recreation Division -
Shade Tree Disease Control. approved
15. Resolution amending the 1984-85 Capital Improvement Budget by transferring
$378,000 from Short Line Sanitary trunk to Hawthorne/Ruth Storm Sewer; and
$293,703.71 from Saint Anthony Hill/Elfelt/Lafond; and $89,069 from McAfee/
Arlington Relief Sewer to Phalen Creek Sanitary Interceptor ($482,772.71) .
approved
16. Resolution authorizing amending No. 3 to the lease agreement between the city
of Saint Paul and Millstreet Investment for additional space located in the
Hill Street Municipal Warehouse Complex. approved
17., .�l thozizin e n of a � ' se a ree�2n�'��'� ��� t �
� , ,��-� � g _ �_ y _ ._
of S ,;�ul and��t� '�e of Minne �" 1 nd owned b '�+��'�te and �cated �
o � �P f I-�iN�n Granite an�''�a�yuga for p��$"�o�tei��b�5.
��PPrari�d�
i'. '•:4TY . .
18. Resolution authorizing execution of grant agreement and contract between the
U.S. Department of Housing and Urban Development and the city of Saint Paul for �
the CDBG Year %III Program. approved .
19. Resolution authoriz�.ng an agreement between the city of Saint Paul and Jebco __ __
Properties Inc. on behalf of Citywide Information Services for rental of space
in the Commierce Building (laid over_ from March 19) . approved
20. Resolution authorizing an agreement with Robins Zelle Larson and Raplan Law
Firm whereby said firm will furnish attorneys to work in the Criminal Division
of the City Attorney's Office without cost to the city. approved
�.,
CITY OF S�.INT PB.UL �
�� _ . �:;'.�:�
:siiliii:ti� j OF'FICE OF TH�i CITY COIIYCIL
n
. ' j�e .. �'-� . .�'—'.� .r .. ,J
� Cammittee Repart �� ' ^=
� �:i�anc� l�ana�eme�t. & Personnel Committee.
APRIL 16, 1987
1. Continuation of discussion of the shift of seasonal swimming, Oxford Pool, and
Municipal Stadium from the Special Fund budget to the General Fund budget. discussed
2.• Presentation of the Comprehensive Financing Plan for Capital Improvements in the
Division of Parks and Recreation. discussed
3. Approval of minutes from meeting held April 2, 1987. approved
4. Resolution establishing the titles and specifications for the new titles of City
Planning Aide in Grade 22, Technical Group and City Planning Technician in Grade
29, Technical Group. approved
5. Resolution• establishing the rate of pay for the title of City Planning Aide in .
Grade 22, Section I D 2 of the Salary Plan and Ra.tes of Com�ensation Resolution,
and for the title of City Planning Technician in Grade 29, Section I D 2,
Technical Standard Ranges of the Salary Plan and Rates of Compensation Resolution,
. and that all incumbents of Planning Aide I class be-moved into new �class of City
Planning Aide. approved .
6. Ordinance amending Section 34 of the Civil Service Rules by establishing the
classifications of Manager of Facility Maintenaace, Manager of Facility Operations,
and Ma.nager of Facility Planning in the Unclassified Service (duplicate ordinance
submitted) . withdrawn per Councilmember Scheibel
7. Resolution amending the rate of pay for the titles of Manager of Facility
Maintenance, Manager of Facility Operations, and Manager of Facility Planning
in Grade 24, Section V, Subsection D of the Salary Plan and Rates of Compensation
Resolution (duplicate resolutioa submitted) . wi.thdrawn per Councilmember Scheibel
8.- Ordinance amending the Civil Service Rules by establishing the classifications of
Manager of Facility Maintenance, Manager of Facility Operations and Manager of
Facility Planning in the Unclassified Service. approved
9. Resolution amending the Salary Plan and Ra.tes of Compensation Resolution in
establishing the rate of pay for classifications of Ma.nager of Facility Maintenance,
Manager of Facility Operations and Ma.nager of Facility Planning in Grade 24,
Section V, Unclassified positions. approved
10. Resolution establishing the position of Human Rights Program Analyst in the •
Classified Service at Grade 47 of the Technical Bargaining Unit, Section I D 2
of the Salary Plan and Rates of Compensation, and abolishing the titles of
Human Rights Analyst - Researcher and Affirmative Action Officer, and appointing
John Huyen to position of Human Rights Program Analyst (laid over from April 2) .
apvroved as amended
CTI'y �Ip,LL SEVENTF� FLOOR SAINT PAUL,MINNESO"ra 55102
e�.ae
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