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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� --- 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 , . : , 1�:��IlS1��g0� : • 4 � . i � .1��?�1S 105�N N I Vd _ ��.r..�.,..,_ � � -- � � � � � � � i ` . � � y ' , ► 4`�7 , ' � , . i „ • •. . � � T\� , . • .\ \,, I / . ' � ,:, � � � i � � \\ � ' � � . � , ; � � � � � . ,, �. w . �., � ; . . � f�� �� , � ,�.. � ' � � � . -.� . � � � . � � � . . w � � 'T. �� � � i' •�, , Z ; �,. �� h � w , , µ ; �,�jJ ,'�� ,` lU � � � � a�L � � �'` �� i �� 2 - F- � •\ j 1-' � ' `,`�• � i � i , z � !'' ' r: . F-- � . � \, r- � �'� 7 .� w . .. - . � . •�\ �U . � > � � � w �, J " � �.� , � ; , �.�, W �� ; ; � � \ � . .� �- ' • }� � O � � � �\ ' , X �� .� , :+ �• � � � : � ; � ,� ' , . . '�� � ; � � � � . ., \ .� 3 ' p . .� ` � , � : , � , � � . T � P�- � z . . . , ;. �. � � ; ::�.,� � , . .� � . ,► � �: . , � l�: . . • ; : z � ' - i � � - , � ' i ; , . ' M � . � . m . � j . . . � , �• _ � • � ( ��y . � 'r �`�/r . � . ' � , .. .� ' � . ''� . � ' � � � , � - � ' .� � ' - � ' . ' . . . . � ' � , . .. . • . . � t • � � 1� �!1S ?!`dC137 � �. � � ��; ' . .- � : � : � , .1���1Sb'1.oS�NNIW .� . . . . � . . � , ; � . . . . � ,,. , . , . � � . � ; , � . � ..:..._.,..:....._.. . ,. � -------- ----------------------- ,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 [ ] ------- ---------------------------------------------------------------------- ------- ----------------------------------------------------------------------