87-1223 WMITE - CITV CLERK
PINK - FINANCE COUIICIl /J
CANARY - DEPARTMENT G I TY OF SA I NT PAIT L X
BLUE - MAVOR File NO. /, �-/��
Valuationsy-tRoom 218 oun il Resolution � �
(BayWest) (EC) � j / �
Presented By __
Referred To Committee: Date
Out of Committee By Date
WHEREAS . Bay West, Inc. has proposed to lease for five (5)
years the property described below, which is owned by the City of
Saint Paul:
A portion of land lying under the Jackson Street Bridge over
the Burlington Northern tracks (Bridge #5664) and lying
between Pennsylvania Avenue on the South and Acker Street on
the North.
and
WHEREAS , Bay West, inc. has agreed to pay to the City of
Saint Paul the sum of $4,275.00 , $855.00 being due on July 15,
1987 and $855.00 due on July 15 of each succeeding year over the
life of the lease; and,
WHEREAS, Bay West, Inc. has agreed to use the property for
storage of non-combustible materials and for no other purpose
without the prior written consent of the City of Saint Paul; and
WHEREAS, Bay West, Inc. has agreed to furnish a key to the
fence which will be constructed around the property or otherwise
to allow reasonable access to the representatives of the City of
Saint Paul.
BE IT THEREFORE RESOLVED, that the proper City officials are
hereby authorized and directed to execute on behalf of the City a
five (5) year lease to Bay West, Inc. of the property described
above.
COUNCILMEN
Yeas Drew Nays Requested by Department of:
�— Finance & Mana ement
Rettman In Favor
Scheibel
�� _�__ Against BY Director
. Weida
tivilson AUG 2 � �•487
Form App ved by Ci tt rney
Adopted by Council: Date —
Certified Passe ncil Se BY
� � �
By
Approv d Mavor: at =a—��1�_ e�_�{�__�� 8�PP�oved May r ission to Counc'
� � '
B _ _
Pt��'��u�D �t i ,� �, 9 198�
Finance�`& Mana ement Services DEP{�IRTMENT � . ��� �/ . �� ����� '
I � / �.2��
Dave Nelson � CON ACT �'� .
298-5317 PH E • , . ,
July 6, 1987 DAT ��r� � i' ,, �
�
SIGN NW�ER .FQR. ROUTING ORDER Cli Al Locations for Si nature : �
� Department airector Director o# Management/Mayor
Finance and Mana,g�nent Services Dire tor ; 3 City Clerk
BUdyet ��1"eCtOP ' �Va1�.at,inn,a/ asesamenta
8 City Attorney- _
WHAT WILL BE ACHIEYED BY TAKING ACTION THE ATTACHED MI�TERIALS? (Purpose/ .
Rationale) :
Execution of five (5) year lease (PW36) between the City of Saint Paul and Bay West-, Inc.`
of a portion o� laitd lying unSer the Ja ksqn' Street Bridge for the stor�ge of non-combustible
materials. �
COST BENEFIT BUDGETARY AND PERSONNEL I PAC7S ANTICIPATED:
The City shall receive $4,275.00 in equ l payments of $855.00 beginning July 15, 1987 and
each.July 1$. thereafter over the life o the lease. .
FINANCIN6 SOURCE ANO BUDGET ACTIVITY N MBER CHARGED OR CREDITED: (Mayor's signa-
ture. not re- "
Total Amount�of "Transac�.ion: 54,2�5.00 quired if under :
� $10,000)
Fu�dir�g. Source: .
Activity Number: .
ATTACHMENTS List and Number All Atta hments : "" RECE���
�
l. Resolution for signature� �J�� 7 }987
2. Letter from Rondi Erickson, Pres3d nt, Bay West, Inc. �OFFICE
3. Sample copy of }.ease 0�THE p��CTpR.
4. Map - . : . DEPARTMENT OF FMANCE ,
�� MANAGEMENT���3
DEPARTMENT REVIEW CITY ATTORNEY REYIEW
Yes No Council Resolution Required? � Resol�tion Requirea? Yes No
Yes No Insurance Required? Insurance Sufficient? Yes No
Yes No Insurance Attached: I
, . � (SEE �REVERS SIDE FOR INSTRUCTIONS)� �
Revised 12/84
' . ' �. �-� � � ;c-��/�..��
DULUTH OFFICE:
� ���, P.O.Box 7023
Bay W � � 517 So.59th Ave West
ENVIRONMENTAL SERVICES � Duluth,MN 55807
218/628-1093
5 Empire Drive• St.Paul,MN 55103• 612/291-0456
REC���'��
7/���7
Valuatior�s& �sss�;smp�n�'v 'a vices
July 3, 1987 Dept Fmenc�� �a��
Mr Dave Nelson
Real Estate, Risk and Facilities Manager
City of St Paul
218 City Hall
St Paul, MN 55102
Dear Mr Nelson:
Enclosed are both copies of the lease between the City of St Paul and Bay West.
We have signed and notarized them. I assume one copy will be returned to me
after it has been signed by the proper City officials.
Also enclosed is our check for $855.00.
When we fence the area we will see that the Bridge people get a key or have
some other acceptable arrangement for access.
Sincerely,
�r4 C�/l•d-t+.
Rondi C Erickson
President
. .: : . � ,, .D� � �� ��-�>-/��3
Revised 4/17/86
Authority (C.F. or A.O. )
LEASE NO.
FINANCE DEPT. LEASE NO. PW/36
4 �,iT7 p�
DATE ,�� vr
a x
June 19, 1987 .� ���1111I111 b
� �ul I II a
LESSOR � ~
�ss•
City of Saint Paul
CITY nEPARTrtENT CITY OF SAINT PAUL
Public Works - contact: Bridge Division REAL PROPERTY �
i
LESSEE LEASE AGREEMENT j
Bay West, Inc.
ADDRESS
5 Empire Drive, Saint Paul, Minnesota 55103
(1) Leased Premises. The LESSOR, in consideration of the payment
of the Basic Rent and Additional Rent hereinafter 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 the "Leased Premises":
(here insert the Legal Description)
A portion of land lying under the Jackson Street Bridge over the Burlington
Northern tracks (Bridge 4�5664) and lying between Pennsylvania Avenue on the
South andAcker Street on the North.
See Exhibit A
together with any and all buildings , fixtures in such buildings ,
improvements and/or structures , if any, located thereon;
Whose Street Address is
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See Exhibit "A" Plan or Map of leased area which is incorporated
herein by this reference.
,� Type of Property (Vacant Land/Building) Square Footage �
Vacant land under brid�e 8555 s4 ft
(2) Term of Lease Tbis lease shall be in effect for a term
commencing and ending on the dates indicated below, unless terminated
earlier by the LESSOR as provided herein.
Term (Months/Years) Commencing Date Endinq Da�e
5 years July 15, 1987 Julv 14,1992
(3) Use of Premises. The premises shall be used and occupied by
LESSEE for the following purpose:
Stora�e of non-cumbustible materials
and for no other purpose without the prior written consent of LESSOR.
(4) Basic Rent. Rent shall be paid by the LESSEE in advance, on
the first day of � each and every payment period thereafter as indicated
in the Paymen.t Schedule below:
Tota1 Basic Rent Payment Schedule '
During Lease Te.rm (Monthly/AnnualZy - Commencing Date - $ per Period)
$4275 Annuallv Jul�,�, 1987 �855_00
LESSEE shall make all payments of Basic Rent and Additional Rent
to LESSOR at the following address:
Public Works Accounting Division 600 Citg Ha11 AnnPx� sr pa„7 � MN_ 551(19
The applicable account number for City Finance Accounting Code is:
4 �ls0 6Rn1
(5) Additional Rent. The LESSEE shall pay all Additional Rent.
Additional Rent means all amounts, other than Basic Rent provided for
in paraqraph 4 above, which LESSEE is or may become obligated to pay
under this paragraph or other provisions of this Lease. Additional
Rent includes, but is not limited to, the following fees, costs and
expenses : (a) all utilities , including water , electric , gas ,
telephone, sewage and garbage collection and disposal; (b) costs for
the repairs , improvements or alterations required to be made by the
LESSEE in paragraph 12 of this Lease; (c) all taxes on realty or
personalty, general or special; . and (d) all public rates , dues ,
charges and assessments, ge.neral or special, of any kind upon the
Leased Premises. In the event that LESSEE does not make such payments
(or any payments required to be paid as Additional Rent) , LESSOR may
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make the payments at its option, and the payments so paid become
Additional Rent, and are due and payable by the LESSEE with the
payment of Basic Rent next required after written notice of same to
the LESSEE by LESSOR.
(6) Taxes. LESSEE shall be responsible for and pay all taxes and
assessments against the Leased Premises, except that LESSEE may at its
own expense contest and challenge the imposition 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, LESSOR may at its
option require the LESSEE to pay 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 the transferability of marketable title
to the Leased Premises) .
(7) Ri�ht of EntrY. At all times during the term of this lease ,
the LESSOR shall have the right, by itself, its agents and employees,
to enter into and upon the Leased Premises during reasonable business
hours for the purpose of examining and inspecting the sarae.
(8) LESSEE'S Insurance. LESSEE shall maintain during the term of
this lease and upon the leased premises certain insurance coverage
which is described as follows:
(a) WORRERS' COMPENSATION INSURANCE with coverage not
less than the statutory limits and EMPLOYERS
LIABILITY INSURANCE with limits of not less than:
' $100,000 PER ACCIDENT
(b) COMPREHENSIVE GENERAL LIABILITY insurance including
blanket contractual liability coverage and personal
liability coverage with a combined single limit of
not less than:
Combined Sin le Limit Bl/PD �600,000
g PER OCCURRENCE
Such insurance shall (1) name the City of Saint Paul,
its elected and appointed officers , employees and
aqents as additional insureds; (2) be primary with
respect to LESSOR'S insurance or self-insurance
program; (3) contain a standard cross liability
endorsement, (4) not exclude explosion, collapse and
underground property damage; and (5) be written on an
"Occurrence" Form policy basis.
(c) PROPERTY INSURANCE including fire, extended coverage
and all-risk insurance covering the demised premises
and all property located therein belonging to LESSOR
in an amount equal to 90$ of the full replacement and
reconstruction cost of the property. The amount of
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the deductible, if any, shall not exceed N�Q $ of
full replacement. The amount as indicated below is
the amount of coverage agreed to by 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 908 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
appraisal 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.
NJA 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 policy deductible amount (as
stated in the Property Insurance policy for the
leased premises) to the LESSOR in the event of any
� loss covered or which would be covered by the policy.
(d) The policies required in this section shall name
LESSOR, and any persons, firms, or corporations
designated by LESSOR as an insured, and shall contain
a clause that the insurer cannot cancel or change 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 on the date of LESSOR'S execution of this
agreement. The policies shall also indicate that
coverage shall not be invalid due to any act or
omission on the part of the LESSOR. If such policies
are not delivered to the LESSOR as provided, the
LESSOR may at its option terminate the Lease or place
the insurance itself and bill the LESSEE for the cost
of coverage as Additional Rent.
It is specifically understood and agreed that all of
the proceeds of such insurance policies shall belong
to and be payable to the LESSOR, and that the LESSOR,
after application of such proceeds to the loss, may
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apply any remaining proceeds to a separate noninsured
loss of the LESSEE arising 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 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 returned 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 deposited in the United States Mail ,
certified and postage prepaid, and addressed to the LESSEE at the
address stated on page 1 and to the LESSOR, at the Division of
Valuations, Real Estate Section, 218 City Hall, Saint Paul, Minnesota
55102. The address to which the notice shall be mailed may be changed
by written notice given by either party to the other. Nothing herein
shall preclude the giving of such address change notice by personal
service.
(11) Assi�nment and Sublettin�. 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 agreement to
sublease the Leased Premises.
(12) Maintenance and Repairs LESSEE shall, at its own cost and
expense, be responsible for al.l repairs, maintenance and upkeep of the
Leased Premises, including but not limited to emergency repairs of any
kind; routine maintenance and repair to keep the Leased Premises in
good repair , safe and in compliance with applicable fire , health,
building and other life safety codes; and all repairs and maintenance
needed to keep the buildings or structures on the Leased Premises in
good condition, including (a) the exterior and interior structure of
the building or structures , (b) the roof or roofs , (c) the heating ,
ventilating and air conditioning systems therein, and (d) all
electrical, plumbing, lighting and mechanical systems (including
windows) . The foregoing obligations shall bind the LESSEE regardless
of the cause of the damage or condition necessitating the repair or
maintenance.
(13) Payments in Case of Default. LESSEE shall pay LESSOR all
costs and expenses, including 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 agreements contained
in this lease, or to recover possession of said property, whether such
action progresses to judgment or not.
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(14) 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 LESSBE.
(15) Indemnit . The LESSEE 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 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 taking 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
all ordinances , laws , rules and regulations enacted by any
governmental body or agency relatinq to the control, abatement or
emission 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, laws, rules , or regulations 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 charge 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 cancel and terminate any prior
leases or rental agreements 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 damage during 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 agree to restore
the premises 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; or may direct that LESSEE promptly restore
the Leased Premises to substantially the condition existing
immediately prior to such damage or destruction, and for that purpose,
if such damage or destruction was caused by perils insured against the
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LESSOR shall make available to LESSEE pro rata, as work progresses,
the net proceeds of such insurance. If 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 LESSOR)
equal to the remainder of such cost. The Basic Rents to be paid
during the restoration period shall be abated in proportion to the
percentage of loss and impairment 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 following events occurring
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 United States relating to bankruptcy
filed by LESSEE;
(b) in the event a petition to have LESSEE adjudicated bankrupt
is filed against 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 proceedings;
(d) LESSEE makes any assignment for 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 LESSEE to observe and perform any covenant,
condition or agreement on its part to be observed or
performed as required by this Lease; or
(g) the failure by LESSEE or its surety to discharge, satisfy
or release any lien or lien statement filed or recorded
against the Leased Premises within 60 days after the date
of such filing or recording, whichever date is earlier .
It is an express covenant and agreement of LESSOR and LESSEE that
LESSOR may, at its election, terminate this Lease in the event of the
occurrence of any of the events 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 Lease and its Leased Premises shall not be
treated as an asset of LESSEE'S estate. It is further expressly
understood and agreed that LESSOR shall be entitled upon such reentry,
notwithstanding any other provision of this Lease , to exercise such
rights and remedies as are provided 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, regulations 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, 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 part of the
consideration hereof , does hereby covenant and agree , 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 public accommodations
(such as eating, sleeping , rest, and recreation) constructed or
operated on the Leased Premises, and (4) that the LESSEE 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
liens to be filed or established or to remain against 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
LESSOR equal to the amount of the claim of lien, LESSEE may in good
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
undischarged 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) 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 judgement it is uneconomic thereafter to
restore the Leased Premises and proceed under the terms and provisions
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of this Lease, LESSEE may terminate this Lease by giving to LESSOR
thirty (30) days' written notice of termination, effective as of the
date on which the condemning authority acquires leqal title or
physical possession of the Leased Premises. LESSEE hereby waives and
releases any claim to or share in the Award of Compensation for the
taking, notwithstanding any other provision of law , this Lease or
another agreement. LESSEE may to the extent otherwise permitted in the
eminent domain proceeding, remove its own trade fixtures at its own
expense.
(25) Default Remedies. In the event an Event of Default occurs
under paragraph 20 of this Lease, LESSOR may exercise any one or more
of the following 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 terminating 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 discretion, 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
Uniform Commerical Code;
(f� take whatever action at law or in equity 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 obligation,
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 liable for the difference
between the payments 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 exclusive of any other available remedy or
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remedies , but each and every such remedy shall be
cumulatine and shall be in addition to every other remedy
given under this lease or now or thereafter existing at law
or in equity by statute. No delay or omission to exercise
any right or power accruing upon any default shall impair
any such right 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 reserved to it on this Provision, it shall not be
necessary to give 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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.
THE FOLLOWING SPACE BELOW IS PROVIDED FOR ANY ADDITIONAL
PROVISIONS OR REQUIREMENTS .
(2�J Lessee shall be permitted to install a fence along the perimeter of the
leased premises subject to the following conditions:
(a) Lessee shall perform all 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 engineering and inspection of such
work and pay the costs of publication of any resolution or ordinance
passed in relation to this lease, and any permits relating to the
work contemplated.
(28) Lessee shall not store materials within three (3) feet of all vertical
faces of walls, columuns, piers or structural members of said bridge or
within five (5) feet of the bottom of all deck beams, stringers, girders or
decking of said bridge.
(29) Lessee shall permit employees of the City of Saint Paul or of persons
having contracts 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 maintenance
work, the Lessee shall relocate the stored material at his own expense.
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IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year in this Lease first above written.
LESSOR - CITY OF SAINT PAUL
MAYOR
CITY CLERR
DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES
DEPARTMENT DIRECTOR
CITY ATTORNEY (FORM APPROVAL)
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LESSEE
ITS
ITS
ITS
Revised 4/17/86
(LEASE)
12
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LESSOR NOTARY
STATE OF MINNESOTA )
) ss .
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged 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 foregoing instrument was acknowledged before me this
day of , 19 ,
by _____________________ _, Director of Finance and
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
LESSEE NOTARY
STATE OF MINNESOTA )
) ss.
COIINTY OF RAMSEY )
The foregoing instrument was acknowledqed before me this
-----------day of ----------------------' 19 .
bY -----
its
Notary Public
13
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AGENA MATERIALS
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COUNCIL ID�� ,lj� � DATE RECEIVED ��'Z �
AGENDA DATE AGENDA ITEM 4�
SUBJECT - `v���
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ORIGINATOR '� CONTACT �,��,�� �!7�� J ( -S��/ 7
RESEARCH STAFF ASSIGNED DATE SENT TO CLERK ��
COUNCIL ACTION
MASTER FILE INFO AVAILABLE � �-ay�, / .0 ,�
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ORD'/RESOL. �� DATE FILE CLOSED
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