87-1797 WHITE - CITV CLERK
PINK - FINANCE GITY OF SAINT PAUL Council (/�'�
. CANARV - OEPARTMENT File NO. v • _• L � �
� BLUE MAVOR �
�
Council Resolution
Presen d By
� �3
Referred To Committee: Date
Out of Committee By Date
BE IT RESOLVED , that the proper City officials are
uthorized to execute a lease agreement between the State of
innesota Department of Transportation and the City of Saint
aul covering three (3) parking lots along the north side of
leventh Street between Cedar and Jackson Streets. This lease
' s for a period of twelve (12) months, beginning November 1 ,
987 and ending October 31 , 1988. 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.
( arkinglots )
COU CILMEN Requested by Department of•
Yeas Nays �
Nic ia ��.�..-t �" .. G (�1
In Favor
Sch 'bel � �
- Against BY
Sonn n �
Weid 1z-3-�? ,��
Wil n DEC 2 ? �987 Form Appr ved b City Attorney �,�
Adopted by ouncil: Date
Certified Pa d ncil Secre By � 2 2 �6�
By
r 1 �� Appr ved by Mayor for S mi sion to Council
A►pprov avor: Date .
B
� PUBLISHED J�;N - � �988
a c , & n ment Services DEPARTMENT � �7� N'0 _ 089'72
vP i►�p�son ONTACT
� ,
P ONE
November 3 i987 DATE ��W�� Q, �,
�
ASSIGN NIJMB R FOR ROUTING ORDER Cl.i :A11 Locations for Si nature :
Depart nt Dfrector � Director of Management/Mayor
� Finance and Management Services Director � � City Clerk �
Budget irector
� C i ty At o�^ney .
WWAT WILL ACHIEY. D BY TAKING ACTION ON THE ATTA ED MATERIAl.S? (Purpose/
Rationale) :
This will xtend for 12 ulonths - the lease of thr� lots on the North side of Ele�enth Street
providing arking� for approxima.tely 60 police veh cles,
�'� �;�.--��
����
C ST BENEF T BUDGETARY AND R�RS.ONNEL IMPACTS ANTI IPATED: �'�`�" `' ^ ���7
The ental fee is $1.00 for the 12-month per�od. ' :':;`� ���:���
FINANCING OURCE AND BUDGET ACTIVITY NUMBER CHARGE�D OR CREDITED: (Mayor's signa-
. ture not re-
Total unt pf�1'ransaction: $1.00 quired fif under
� $10,000)
Fundin Sou�rce:
Act i v i Number: � �.: RECEIi/Ep�
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ATTI4CHMEN S L�st and Number Al l Attaciunents : ��� 2 '�87
� OFFICE pF THE DIRECTOR
_ , , DEPARTMENT �F FjNANCE
VD MqNAGEfvIENT SERVICES
� � � .
� � � � � �i �
� .
DE�'ARTME REVIEW CITY ATTORNEY REVIEW
X Yes No Counci� Resolution Required? ` � Resolution Required? Yes No
Yes No Insurance Required? � Insurance Sufficient? Yes No
Yes 1� Insurance Attached:
(SEE •REVERSE SIDE FOR I TRUCTIONS)
. Revised 2/84
. . . � . �.�� 7� �7��
Minnesota Department of Transportation
Office of Right of Way
Room 511 , Transportation Buildinq
St. Paul, Minnesota 55155
(612 ) 296-3226
S.P. 280 ( 35E=390) 902 *90-456 LEASE N0.
PARCE S 104 , et al H-4284
COMMERCIAL LEASE
THIS LEASE, made the lOth day of November, 1987 , at St. Paul,
Minn sota, by and between the State of Minnesota, Department of
Tran portation, Lessor, and the City of St. Paul, Tenant.
Mail lease to: Dave Nelson
Supervisor of Real Estate
218 City Hall
St. Paul, Minnesota 55102
W I T N E S S E T H
In onsideration of payment of the rent hereinafter specified to be
pai by Tenant, and the covenants and ,agreements herein contained,
Les or hereby leases to Tenant that certain property (herein called
the Premises ) in the County of Ramsey, State of Minnesota, the address
of hich is the north side of llth Street between Cedar Street and
Jac son Street, St. Paul.
Typ of Property: Vacant Land
Le al 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.
in luding improvements, if any, for the term of 12 months commencing
on November 1, 1987 and ending on October 31 , 1988, with the right of
te mination in both Lessor and Tenant as hereinafter set forth.
IT IS AGREED: �
1 . RENT. (Paragraph Omitted) .
2 PREPAID RENT. (Paragraph Omitted) . �
�
,
3 . SE OF PREMISES. Tenant will use the Premises for the following
purp se only: Police Car Parking, including unmarked units.
It s all be the sole responsibility of Tenant to comply with a11 laws,
regu ations, or ordinances imposed by any jurisdiction governing the
use f the Premises. Failure to comply will not relieve Tenant of the
obli ation to pay rent.
4 . AINTENANCE AND REPAIRS. Tenant shall keep the Premises in good
cond ' tion at Tenant's own expense, and shall not call on Lessor to
make any improvements or repairs.
5 . TILITY CHARGES. Tenant shall pay when due all utility charges
and any other charqes or expenses connected with Tenant 's use of the
Pre ises.
6 . NOTICES. All notices herein provided to be given, or which may be
giv n, by either party to the other, shall be deemed to have been
ful y given when served personally on Lessor or Tenant, or when made
in riting and deposited in the United States mail and addressed as
fol ows: To Tenant at the mailing address above stated and to Lessor,
Dep rtment of Transportation, at the State Transportation Building,
Off ce of Right of Way, St. Paul, Minnesota, 55155. The address to
whi h notices are mailed may be changed by written notice qiven by
eit er party to the other as herein provided.
7 . CANCELLATION. This lease shall be subject to cancellation by
eit er party at any time during the term hereof by giving the other
par y notice in writing at least 60 days prior to the date when the
can ellation shall become effective. Furthermore, this lease shall be
su ject to cancellation by Lessor if the Premises becomes needed for
hi way purposes (as determined solely by Lessor) by giving Tenant
no ice in writing at� least 10 days prior to the date when the
ca . cellation shall become effective. In the event of cancellation any
un arned rent paid by Tenant shall be returned.
8. INDEMNIFICATION AND RELEASE. Tenant shall defend, indemnify. save
ha mless , and release Lessor and Lessor's employees from and against
al claims, demands, and causes of action for injury to or death of
pe sons or loss of or damage to property ( including Tenant and
Te ant ' s property) occurring on the Premises or connected with
Te ant 's use and occupancy of the Premises.
9 . LIABILITY INSURANCE. Tenant shall maintain during the full term
of this lease a policy of public liability insurance with the
fo lowing minimum limits of liability:
Bo ily Injury and Property Damage Combined Self-Insured
Th insurance policy shall include the coverage provided by one of the
fo lowing policies , consistent with the risk involved: Comprehensive
Ge eral Liability; Premises-Operations Liability; Owners ' , Landlords ' ,
an Tenants ' Liability; Manufacturers ' and Contractors ' Liability.
Pr ' or to execution of this lease by Lessor, the Tenant shall have a
Certificate of Insurance sent to Lessor as proof of coverage. The
Certificate shall name the State of Minnesota as Additional Insured
an shall designate the leased Premises as the location covered by the
p licy. �
10 . FIRE INSURANCE. None Required. Tenant will make no claim
agai st Lessor arising out of any loss to the Premises.
11 . RIGHT TO ENTER. Tenant shall allow Lessor, Lessor 's contractors,
and tility companies to enter upon the Premises for any of the
foll wing purposes: to survey the land, to take soil borings, to
perf rm utility relocation work, or to make emergency repairs required
for ighway 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
pro ortional 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
ren ers. Before entering the Premises for any of the purposes under
thi paragraph 11 , Lessor will make a reasonable effort to notify
Ten nt, provided, however, that in case of an emergency affecting
hig way safety (the existence of which shall be determined solely by
Les or) , if Tenant is not present to permit entry onto the Premises,
Les or or its representatives may enter without notice to Tenant, and
for such entry Lessor or its representatives shall not be liable to
Ten nt. �
12 . ADJACENT HIGHWAY FACILITY. Tenant shall not permit the storage
of ny substance or material on the Premises which may create a fire
haz rd to the adjacent highway facility (including any overhead bridge
and its structural supports ) . If Lessor determines that Tenant is
usi g the Premises in such a way as to create a danger to the adjacent
hig way facility or the traveling public thereon, and if, upon
rec iving 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 reguirement 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
wi 1 be returned.
13 SUBLETTING. Tenant shall not assign or sublet this leasc without
th written consent of Lessor.
14 CIVIL RIGHTS ACT . Tenant shall not discriminate on the ground of
ra e, color, or national origin against any person in access to and
us of the facilities and services operated or otherwise maintained on
th Premises; and the Tenant shall operate and maintain such
fa ilities and services in compliance with Title VI of the Civil .
Ri hts 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
an 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
ta e possession of the Premises in the manner provided by law. Tenant
wi 1 pay Lessor all costs and expenses, including attorney's fees, in
a successful action brought by Lessor to recover any rent due and
u aid hereunder, or for the breach of any of the covenants or
a reements contained in this lease, or to recover. possession of the
P emises .
1 . HOLDING OVER. If Tenant holds over after the expiration of the
t rm of this lease with the consent of the Lessor, express or implied,
t e tenancy shall be deemed to be a tenancy only from month to month,
subje t otherwise to all of the terms and conditions of this lease so
far a applicable.
17 . OVING OUT. At the expiration or sooner termination of this
lease, Tenant shall leave the Premises in as good condition as when
deliv red 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
Tena t and the State of Minnesota (or its predecessor in interest )
cove ing the Premises, it is aqreed that this lease shall cancel the
prio lease as of the beginning date of this lease.
19 . ADDITIONAL AGREEMENTS. Tenant shall maintain grass areas and
less r ' s chain link fence along the northerly boundary of the
thre lots.
TENA T Approved as to form and execution
CITY OF ST . PAUL ATTORNEY GENERAL
By:
Spec al Ass stant Attorney General
By: Date:
Tit e
By: �
Tit e
LES OR, STATE OF MINNESOTA
DEP RTMENT OF TRANSPORTATION
COM ISSIONER OF TRANS]?ORTATION
By:
irector �
ffice of Right of Way and Surveys
RWO 042920E.R1
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-------- ----------------------- ,AGENDA ITEMS C�'�0'7°/7¢ 7
.
. ID#: 87— 541 ] DATE REL: [lc/07/87� AGENCiA C�ATE: (C�Ca/C�i�/i�ti] I TEF1 #a ( 1
SUBJECT: [LEASE AGMT WITH MDOT COVERING 3 PARKING LOTS-11TH BET. CEDAR & JKSN]
C.R. STA F: [ � P ] SIG:[WEIDA ] OUT—[ ] CLERK �A8f88}-/Z/9
ORIGINAT R:[FINANCE ] CONTACT:[DAVE NELSON — 5317 ]
ACTION:[ ]
]
C.F.# [ ] ORD.# [ ] G.S. RETURNED [00/00/OU] FILE CLOSED [ ]
� � � � � � � � � � � �
FILE IN 0: [RESOLUTION/SAMPLE AGREEMENT/MAP ]
C 7
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