85-28 WHITE - CITV CLERK
PINK - FINANCE G I TY OF SA I NT PAU L Council �_��
GANARV - DEPARTMENT
BLUE - MAVOR File NO•
1
Return to: CQu 'l Resolution
Valuations — Room 21
Presented By
Referred To Committee: Date
Out of Committee By Date
BE IT R�SOLVED, that the Council of the City of Saint Paul does hereby
authorize and direct the proper City Officials to execute on behalf of the
City of Saint Paul, a 30-year ground lease agreement, CS/39, between the
City of Saint Paul and the Humane Society of Ramsey County for property
legally described as:
Subject to Beulah Lane, the North 142 feet of the South 413.6
feet of the East 128 feet of the West 627 feet of the Northwest
1/4 of the Northeast 1/4 in Section 27, Zbwnship 29 North, Range
23 West
The property to be leased is located on the west side of Beulah Lane, north
of Jessamine Avenue.
It is to be used for the Humane Society's animal shelter building.
COUNCILMEN Requested by Department of:
Yeas Na s
�l�eSonner�
� Drew �_ In Favor
asanz
Nfcosia
scnetbe� �__ Against BY'
Tedesco Dey�
Wilson
JAN 3 - 1985 Form Approved 'ty Atto ey
Adopted by Council: Date
Certified Pa. - ouncil Se re r BY C ' `
Bp
t�ppr Mavor: Date �"'�� � � f°� �°- App v by Mayor for S ' si o Council
B BY
FUBLISHt�U ,,I;;;: 1.�; 1�85
,
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Finance & Management
Services OE�AR'I"�1T
�����YII����� . ' . . '' . . .
Da�,v�,e�Ne�lson. �nl�TACT .
298-5317 pHUNE � �� .
���.�,��.�.��.....
D�em�be�14. 1984 AATE �� C ._
�to+iting a�a Expianat she�t)
+ -
i huai�r for Routin Ox�far Cti All L�c t9 :
D �^ �;�� ,r��T �f FrVANCE'
_„r,_ 0lpirt�autt Oi r�ctOtr AtVt� ;.:�: ;�„_,.;�N G SERYICES.
,.?_ City Attorney
Qi reetor of h�nac,�nt/Mayor . , .
Fi�snc� and Mana+ge�t S�rvi c�s Df r�tor �
_..,,,, Gi t,y C1 er�c
1, Budg�t flf r+ector
� rin�r�:a�ManraQem�nt �Q�� \��
y .��.��,....��.��.�.. �� �
- �..�. � '
i�a iif 1 i be Achi eved b Taki Acti on on th� At�acl�d Ma r'i'a1 s? P se Rat�ona i e :
.,.t.�.,._.,�.�......__ y ... .�__.__,_,_,�
City �fficials w�ll be authorized to execute a 3U-year ground lease agreeme�t with the
Humane; Society of Ramsey Coutrty for property to be used as the Humane Society's animal
, shelter building, � R�
�Et1/Ep
_ _ . ��'�� � .
FiaaQCi�T. Budaetan► and Pefsormsl Impacts Anti.cf�tad:, � MA�P'S��
_,�.�...._.. .� . -
Th� Humane Soeiety's building.has occupied this site since 1953 by Council Resolution. �
$ot� the City and the Humane Society wish to continue this mutually advantageous arrange-
ment and cause a lease to be executed.
F�dt�n ,.Sou;�ta,�ana F�ma Actfvit,�r�� ,,,,r�._.C.��d: -- - -
N/A _ ,
At�^Latclm�ents (List. and Nuai�ef alt Attacta�t .i ; . - . .. ' ._ :
1. Council Resolution to be eonsidered.
2. Copy of lease agreement
3. Reports of Valuation Engineer and Budget Director
. �
DEPARTl�T AEYIE�i CITY ATTORriEY RE'lIEW
����r�li . . - . , . . , �
_,x. Yes ,� Yo: Co�rctl Reselutien Requfred3 �esolutioet Re4uired? ,_,. Yes ,_,_ �o
_, Yes _,_„_, No Insue�r.a RequiredY ; I�suranca Sufficient4 _, Yes ,� No
� Yes �, No Insur�ance Atta+ct�ed? . � . . :
. ' R�vf sion af Octob�r, 1982
�
I �eee Reversa Side for tns�ructions)
i _
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:,..,'..�,� �
�;�:
-��
CITY OF SAINT PAUL
INTERDEPARTMENTAL MEMORANDUM
To: Mayor George Latimer and
Members of the City Council
From: J. William Donovan ��,-f-�
Valuation and Assessment Engineer �/��
Date: December 14, 1984
Re: Valuation Engineer's Report on Property Lease Agreement No.
CS/39 between the City of Saint Paul and the Htunane Society of
Ramsey County
Pursuant to Chapter 51.01 (9) Lease of City Property, I have examined the
referenced agreement and found the follawing:
1. The property to be leased is located on the west side of Beulah
Lane north of Jessamine Avenue (south of 1115 Beulah Lane) and
legally described as:
The North 142 feet of the South 413.6 feet of the East 128 feet of
the West 627 feet of the Northwest 1/4 of the Northeast 1/4 of
Section 27, 'Ibwnship 29 North, Range 23 West
2. The property is to be used for the Humane Society of Ramsey
County's existing animal shelter building and proposed addition.
JWD:AB:ag
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CITY OF SAINT PAUL
INTERDEPARTMENTAL MEMORANDUM
To: Mayor George Latimer and
Members of the City Council
From: Greg Blees �� '��
City Budget Director , , �
Date: December 14, 1984
Re: Budget Director's Report on Property Lease Agreement No. CS/39
between the City of Saint Paul arxl the Humane Society of Ramsey
County
Pursuant to Chapter 51.01(9) Lease of City Property, I have examined the
referenced agreement and have found the follawing:
l. It is a 30-year ground lease for the Humane Society's animal shelter
building and proposed addition.
2. The canrpensation to the City is $1.00 and other valuable consideration.
3. The lessee is required to maintain workers' compensation and
comprehensive general liability insurance.
AB:ag
<�;r.�;- s::E,>;�t;
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� � � � Autl�ority (C.F. or �.o.) ,�,,. ,, CIIY OF SAI(�(l PAUL
— ,.
r.rAS� �,o. „��,�„ REAL PROPERTY
------------- ��� „
r1Ni-�NC� DLP'r. t�S�� �o. W�• I..FASE AGREEf'�7VT
C��.�—�_
DATE
LESSOFt
CITY OF SAI�T PtiUL
CI'i'Y Dr.PAKll�ir iVI'
DEPARTi1ENT OF COrMUNITY SERVICES
LFSSF.E
kLU�1 ,N� SOCIETY OF �`�ISEY COUNTY ._____
ADD�SS
1115 Beulah Lane�St. Pau11_rfN 55108
idIT�TESSEl'H
That the LLSSOR, in consideration of th� payment oF the rent
n2�einaiter so�ci.fi�d to be �aid b;.- tne L�SSrE, and ti�e covenants and
agreements l�erein cont�air�ed, does l�ereby lease, demise and .let unto L:GSS�;.
PRFl�IISES
ADDR�,SS
1115 Beulah Lane
I.D�A'L DESCRIPrION (Hi:F2�INAFTEi2 REFERI2}� � AS Tl� "LEASED PR�dISFS")
The North 142 feet of the South 413.6 feet of the East 128 feet of the West 627 feet
of the Northwest 1/4 of the I�ortheast 1/4 of Section 27, Township 29 North, Range 23
West
•
. . � �= �s-a�'
See F.xhibit "A" Plan or Map of leased area whicn is incori.-�orated her2in by
this refererice.
TYPr. OF PROPERTY (VACAI�lI' L,AND/BUILDIPdG) SQUAF2E FrX7I'AGE
Building used as an animal shelter __ _____ __ _______�_`__�
TE1Z�1
'IrrR:�t (i�iONTHS/Yr�2S) CX1ti1�1F'Iv'.iING DA`!'1: F.��IDI[�1G DATE
30 Lears �_ _��u�rv_l� 1985___ December_31,_2015
This lease is subje��t to the following covenat�ts an�3 agreemei�ts by
LESSEE.
COVF,NAi�TI'S At�J AGRE��fI'S BY L't;SS�E
(1) Purt�ose and Use. The pr�;nises shall :a� us`��? an� �xcu?ied by
LESSiE ior t"e iollowing ��urr.�se:
A�_an ima 1_s h e 1 t e r�_�------------�------------�---------------�--------
and for no other purpose �.�itnout tne prior written consent oi i�.SSOR.
(2) Rent. Rent shall i_,e paid in advance, on thz fir. sc �ay o� eac�� and
C'VE?iy✓ payrnent �2�1GG there�fter u�S i11C71C�:it2CG lll CI'.� P:�ril��!l� jCrlr?�7U1� 5°1�,�J:
mrAt, ar.r�r PA��� sc.;-��u�.�
During Lease Term (t��nthly/Annually - Co;r�nencing Date - $ per Perio�)
�and other valuable consideration
LESSEE shall ma}:e all payments to LiSSUl� at the fo1la,�i;�g address:
D�artment of Community Services, 300 City Hall Annex, St. Paul, MN 55102
The applicable account nurr�her for CITY FINAi�:L ACL,OUi�rING OODE IS:
(3) INSURANCE REQUIREMENT. L.ES5EE shall maintain during the term of
this lease arx3 upon the leased premises certain insurance cov2raye w!�ich is
described as follows:
(a) �''�RK.EI�S' CXIt"1�'BNSATION insurance with coverage not less than
the statutory limits arx3 employers liability insurance with
limits of not less than: °° - � �
si.000,000 P� �zn�vr
, � � ��- ��-a�
(b) C�hfPEf�ENSIVE GE[1ERAL LIABILITY insu:ar.ce inciudir,g
. blanket contractual liability coverage ar� pe:sonal lia-
� , � bility coverage with a canbined single limit oE not Iess
than:
_�l,000,,000 - -----------p�'.� Oc.�C[JRR:.���i.�
Such insurance shall (1) name tne City of Saint Paul,
i�s elected and appointed officers as additional
insureds; (2) be primary with resoecc to any L�sso:'s
insurance or self-insurance pra�ra,n and (3) contain a "
standard cross liability provision
(c) PROPER'1'Y INSURANC.L includi�g fire, ext�nded coverage a�d
all-risk insurance covering the demised premises and all �
�roperty located herein belonging to LESSOR, in �.�. :amount
equal to 90� oF the fu11 replacement and reconstruction
cost of the property. The ar�unc. as indicated below is
� the arnount of coverage agreeci to by the parties at the
inception of this lease. Such policy sf�all i�e on a
replacement cost basis, with permission to replace at
any site. Tne amount of insurance sna11 be increased
to an �:T�ount equal to 90s of the full replacein2nt and
reconstruction cost of the p. remise on every annual
anniversary date oF this lease. Whenever requzste�
by LESSOi�, LESS�L: shall orocure an appraisal of the
leased p�emises Fra� an appraiser approvei� by LLSSOR,
Und the ne�a �ppraisal a�nount sliGll tnen �-care the ne�.�
�asis ior insurable value. The policy will �� issued
in the name oE LESSOR with loss payable to I,ESSOR and
LESS� as their respective interests may ap�ear.
N/A PEFt OCCURRENC�
With respect to prop2rty losses not covered by insuranr_e,
it shall be the responsibility of the LESSEE to pay all
costs to repair or replace the damage.� property with like �
kind and within a reasonable tirne. The LESSEE shall be
responsible for the insurance policy de�uctible amount as �
stated in the Property Insurance policy for tl�e leased
premises.
(d) The policies required in this section shall na,ne LGSSOR,
and any persons, firms or corporations d2signated by LESSUR
as an insured, and shall contain a clause that the insurer
cannot cancel or change the insurance without first giving �
the L�ESSOR 30 days' prior written notice.
The insurance shall be placed with insurance oompanies
- �approved by LFSSOR 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 coveraye shall not bc� invalid due to any act or
. C� g.�-a�.
, �- omission on the part oE the LES50R. IE suci� policies
are not received promptly, ti�e LESSOR shall at its option
terminate the lease or place the insurance itselF and bill
thz L,I'SSt�, for the cost of coverage as additional rent.
It is speciFically understood and agreed thst a�l of .
tne proceeds oF sucn insurance polici�s shall ��long to
and be payable to the LESSOR, and L�SS�E as their interests
may appear.
I� for any r2ason any oF tne insurance he�2under is
void, the L.�.SSEi, is res�nsible to tn2 L.:SSOR Lor any
uninsured loss.
(4) Rent and Oc.ner Payments and Right of EntrY• LESS�;� shall pay
r,�=tiSOR said rent as hereinat�ove provided, an� in addition tliereto, sh311 pay
when �ue as additional rent, a11 water, elect�ic, gas and othzr lighting,
heating and �ower rents, all tax�s general or special, all pu5lic rat�s,
dues, charges of whatever nature and s�cial assessmen�� of 2very kind wi�ich
shall t�come d.�e and payable uL�on said real estate or im,�rov�ments theceon
during the ter�n of ti�e lease. (Nothin� her.ein shall �roi�i:�it L;:SS�E fro�n
reasonably contesting the levy of any such tax). At all tirnes ducing
the term of tl�is lease, the LESSOR shall have the right, by itself, its
agents and employees, to enter into and upon the leased ;�remises during
reasonable business hours for the purp�se of examininy ��:�d inspecting tl�e
s�.
�.a�, , �o�,.� m,. .H;,.., m� • r'se ��ee� ��
��� C c.�i�.�1 iu�rorc—vz���-f�-3-Rc3 cz�vrr.—S-c-+TS �-2cS E'—sF��
FC ' .. . — . . . � � • •
f ' k�e�e�-b�-�,�,�;;}g ��S-�-��e�rc-e--�-�-�r-��-a-�-�e�-5-t :�i-+}e�--�-9�-} _
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(6) Notice. All notices h�rein provided to be yiv�n, or which rnay be
given by either party to the other, shall be deeine� to have oeen f�lly
given when served personally on LESSOR or LESSEE, or when made in writing
and deposited in the United States Mail, certiFied and postag2 pre�aid, 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, St. Paul,
Minnesota 55102. The address to which the notice sl�all be mailed may be
changed by written notice given by either party to the other. Nothiny
herein sl�all precluc3e the giving of such address change notice by p�rsonal �
service.
- (7) Assignment and Subletting. LESSEE shall not assiyn or sublet this
`le�se without the written consent of the LESSOR �
. . � � � ��°�'
� (3) Repairs, Alterations and Maintenance. It is s�ciiically agreed
and undersrood that LESSEE shall not make or caus2 any improvements oc
repairs to or on said ore mises oF any natuce whatscever without the written
consent of the LESSOR. LESSL-'.E hereby specifically covenants and agrees to
maintuin ti;e �re:nis�s i:� good o�c?er and conditior, a` hi� o�r,r. cos� a^d
exp2nse.
(9) Payments in Case of DeEault. LESSLL shall oay L,ESSO12 all coscs �
and expenses, including reasonable attorney's Eees in any action brought by
LESSOR to recover any rsnt due and unpaid hereunder, or for the bre�cn or
default of any of the covenants or agreements contained in this lease, or to
recover �ossession of said oroperty, �ahether such action progresses to
judgrn�nt or not.
(10) Surrender of Premise. The LESSEL, at the ex�iration ot said
term, or any sooner tzrmination oE this lease, shall quit peacefully and
surrender possession of saici property and its appurtenances to L�SSOR in as
good order and condition as the property was delivered to the L.E5SEE.
(11) Indemnity. The LESSL� indemnifies, def�nds, saves and holds
harmless the Citv of Saint Paul and any agents or employees thereoF from all
claims, demands, actions or causes of action of whatsoever nature or
character, arising out oC or by reason of the lease oF the t�erein descri��d
premises Uy the Lessor to the Lessee or the condition of the premises or as
a resulc of the operations or business activities taking place on the
premiS�S. It �a1R� ful.ly understoe� and agreed that LESSEL is aware oi th�
conditions of t"e leased �rnmises and leases the s�e "as is" .
�1"l) Hold over. Shoulci the LESSEE hold over after the expirat.ion of
the term of this lease with the consent of the LFSSOR, express or implied,
said tenancy sl�ail be deemed to be a t2nancy only from month to month,
supject otherwise to all of the terms and conditions of this lease so far as
applicable.
(13) Pollution and Contaminants. LESSEL agrees to comply with all �
ordinances, laws, rules and regulations enacted by an1 governm2ntal body or
agency relating to the control, abatem�nt or emission of air �nd 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 liaUility, including without limitation,
fines, forfeitures, and penalties arising in connection with the failure by
r.F�S�.E to comply with such ordinances, laws, rul�s or regulations.
(14) Controlling Lease. In the event there is any prior existiny lease
or rental agreement between LESSEE and LESSOR (or its predecessor in interest)
covering the subjecE .property, it is agreed and understood that this lease
_ shall cancel and terminate said prior lease or rental agreement as of the , .
effective date of this lease.
(15) Destruction. In the event of damage to or destruction of the
Leased Premises or any part thereof during the term of this l�ase, LESS�
S
. . � � ��--��
� (3) Repairs, Alterations and Maintenance. It is s�cifically agreed
and understood that LESSEE shall not make or cause any improvements or
repairs to or on said ore mises oE any nature whatsoever without the writt?n
consent of tne LESSOR. LFSSL-.E hereby specifically covenants and agrees to
!ildif�l�<aifl �ilC � .:.Ti1JC�J l:l C'j00G� CLG��� c�.i1C.� COr1G�i�1..�. c::� �ll� O':1:: CO�� �::G�
exx�2nse.
(9) Payments in Case of DeEault. LESSLL shall oay LESS012 all coscs �
and expenses, including reasonable attorney's fezs in any action brought by
LESSOR to recover any rpnt due and unpaid hereunder, or for the brzach or
default of any of th� covenants or agreements contained in this lease, or to
recover �ossession of said oroperty, cahet!�er such action progress°s to
jud�ment or not.
(10) Surrender of Premise. The LESSLL, at the ex�iration oC said
term, or any sooner termination of this lease, shall quit peacefully and
surrender possession oE said property and its appurtenances to L�SSOR in as
good order and condition as the property was delivered to the LESSEE.
(11) Indemnity. The LESS:.G indemnifies, defends, saves and holds
narmless the Ci�v of Saint Paul �nd any agents or employees thereof From a11
claims, demands, actions or causes of action of whatsoever n�ture or
character, arising out oL or by reason oE the lease of the l�erein descri��d
premises by the Lessor to the Lessee or the condition of the premises or as
a resulc of the operations or business activities taking place on the
premises. It �=�ng fu11y understood and agreed tnat LESSEL•' is aware oi the
condicior.s oL th� leased p���mises and leases the sar;e "as is" .
;12) Hold over. Should the LESSEE hold over after the expirat.ion of
the term of this lease wi tt� thz consent of the LESSOR, express or implied,
said tenancy s1�all be dee med to be a t2nancy only from month to month,
subject otherwise to all of the terms and conditions of this lease so far as
applicable.
(13) Pollution ancl Contaminants. LESSEL agrees to comply with all � �
ordinances, laws, rules and regulations enactecl by any governmzntal body or
agency relating to the control, abatement or e,nission oE air and water
contaminants and/or the disposal oF refuse, solid wastes or liquid wastes.
LESSEE shall bear all cost and expense arising L-rom 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.
(14) Controlling I,ease. In the event there is any prior existiny lease
or rental agreement between LESSEE and LES50R (or its predecessor in interest)
covering the subject .property, it is agreed and understood that this lease �
shall cancel and terminate said prior lease or rental agreement as of the �
effective date of this lease.
(15) Destruction. In the event oF damage to or destruction of the
Leased Premises or any part thereof during the term of this lease, LESS�
S
. � �.�_��
shall promptly restore the I.,eased Premises to substantialty the coricition
existi'ng immediately ocio� to such damage or destruction, arx.� for that
purpose, if such damage or destruction was caused by p�rils insured
against the City oF Saint Paul shall make available to L�.SSI� �co rata, as
work prog�esses, the net orocFeds oF sucn insuranc?. If such nroce�ds are
insuFficient to pay the entire cost tn�reoF, Lc:SSL.i 4grees to pay tne
remainder oP such cost. There sha11 �e no abatzments of tl�e rents becoming
due and paya�le hereunder during the o2riod or restoration.
(16) 3ankruptcy or Insolvenc . Any of the foliowing events occ�rring
during the term oF tnis lease shall constitute a default by the LESS�:
(d� a petition �O have L.i:,SSL.E adjudicated i�a,'lnii7�� Oi c�, �C.'�1�1G;7 iOr
reorganization or arrang2ment under any laws of the United States :-elating
to �an�:ruptcy b� Filed by Lc^SSF�.: (b) a �tition to have I.�_.SS� adjudicated
bankrupt b2 fileci against LESSEE and not b2 dismissed witl�in ninety (90)
days from th2 date of suci� filing: (c) the assets of LESSEE or of the
business conducted by LESSEE on the Leased Premises be assumed by any
trust2e or other c�erson pursuant to any judicial proceedings; or (d) LESSEL
makes an assignment for the benefit oF creditors.
It is an express covenant and agreement of LESSOR and LESSEE ct�at LESSOR
may, at its election, terminate this Lease in the evznt oF the occurrence of
any of the events in this Artic�e described, by giving not l�ss than ten (10)
days' written notice to LESSEC; and when so terminated, LESSOR may reent2r
the Leused Pre�nises. The Lease shall not be treated as an asset of
I.ESS�E'S estat2. It is further expressly understoa:i ar�d agce�: �t�ac i_.:�SOR
shall be entitled upon such reentry, notwithscanding any other provision oL
this Lease, to exercise such rights and remedies as are provided in
Defaults/Remedies Section oE this Lease.
(17) Compliance with Laws. The pro�rty descrii�ed herein may be use�
for only the purposes stated herein; however, iL is the sole and exclusiv2
responsibility of the LESSEE in the use of the pr��erty to comply with any
and all laws, rules, regulations or ordinances imp�sed by any jurisdiction . ,
affecting tl�e use to which the property is prop�sed to be put. Inab?lity or
failure on the part of the LESS�E to comply with any of said laws, rules,
regulations or ordinances will not relieve the LESSF�, of the obligation to
pay the rental provided herein.
(18) Non-Discrimination. The LESS�E for himself, his personal
repr�sentatives, successors in interest, and assigns, as a part of the
consideration hereof, cioes hereby covenant and agree, as a covenant running
with the land, that (1) no person, on the ground of race, sex, color,
handicapped condition or national origin shall be excluded from
participation in, be denied tti�e benefits of, or be othertivise 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
�
� � ��-a�
first-tier su�contractors, and by first-tier subcontractocs in t��e se?ection
and retent�ion of second-tier subcontractors, (3) that suc:� discrimination
shall .not i�e practiced against the public in their acce�s in and use oE the
facilities and services provided for public accommodations (such as
eating, sleeping, rest, recreation, and vehicie servicing} const=ucted or
operated on, over, or under the peace of the rignt-of-way, an-.� (i) that the �
jJL,s$t;� S'Cia�i uj2 �f]C �r2ii11525 1(1 compliance `.JiLn ali O�il�.� :c:i'.:iCci:;�?Iii.S
imposed pursuan� to Title VI of the Civil Riyhts r�ct of 195�, and Title 49,
Code of rederal Regulations, Part 21, Administrative Coc�e 133.0=� and as
said regulations may be a-nendec�.
That in the event of oreach of any of the above nondiscrimination cove�ants,
the City shall have the right to terminate th2 leas2 ancf to �e-ent2r and
repossess saiu land and the facilities thereon, and b�.�i�d the sa;ne as if
said Lease had never i�een made or issued.
(19) Liens. The LESSI:� sha].l not permit mechanic's liens or ocher
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 replac2ments �nade to the
leased premises, or for any oLher reason, provid2d that if ti�e :�SSEE; shall
first nocifv tne LESSOR of its intention to do so and shall de�os?t in
escrow with che L�SSOR a swn of money or a �ond or irrevocable letter oi
credit acce�table to tne LFSSOR equal to the amount of the claim of lien, it
may in good faith contest any such claims or mechanic's or other liens filed
or established and in such event may permit the iteins contested to r�main
undischarged and unsatisfied during the �ria3 of sucn cont�st. If, in the
opinion of the :YSSOR, tre nonpayrnent of any such items su�j�cLS t;�,e le�:sed
prernises to any loss or forfeiture, the LESSOR may req_uire the ;,�SS� to use
the escraa account to promptly pay all such unpaid items.
(20) F,minent Domain. In the event the entire Leased Pre�nises are tak,n
by erninent domain, or such portion thereof is so taken that in LESSEL'S
reasonable judgement it is uneconomic thereafter to restor2 the Leas�d
Premises and proceed under the terms and provisions of tl�is Lease, LrSS�E
may terminate this Lease by giving to LESSOR thirty (30) days' written
notice of termination, effec.tive as of the date on which the condemning
authority acquires legal title or physical possession of the Leased
Premises. The total award made in such eminent domain proceedings shall be
paid to Lr^SSOR who snall disburse the proceeds tl�ereof as Follows:
(a) First to LESSOR an ar�unt equal to the sum of the following:
(i) Al1 costs incurred by LESSOR in connection witl� ti�e eminent
domain proceedings, including but not being limited to
attorney's fees and expert witness fees; and
{ii) An amount equal to that portion of the award attributable
. . �_��-��;
to u�e land and improvemert r_aken as distinguished fran the
L,cSS:.�.'S improvements.
' (o) Second, to LESSL•'E, all sums remaining after making the payments
o�ovid� for in (a) acove.
( '- ' ? ?___��� . An, tning hEC ` in coi�cain=c t�� ti��� contr. ary
notwitns�ar.c:ng, cnis lease may � terminated, and the provisions oF this
lease �ay �, in writing, amended by rnutual consenL- of t}�e parties h2r2in.
D�'AUL'T RF1'�IEDIES
Failure bv L,�SEi: to ooserve or perform any oi tne covenants and agree:nents
provided herein shall constitute a d2fault. I:� suci� °VEJ1L LLSSOR mav
exercise any one or more of the folla�iny remedies: j
(l) reenter and take possession of the Premises witnout termination oF
this lease, and �se its best efforts to lease the Premises to, or enter into
an agreement with, another person for the accounL of L�SOR;
(2) terminate this lease, exclude LESS'�E irom �OSJl�SJ1OR of the
Premises, and use ics bnst efiores to lease the �re:ni;es �o, or ente� into
an agreement with, another in accordance witn applicable law;
(3) exclude LESSEE frorn possession of the Pre:nises, with or without
terminating this lease and operate tne Premises itself;
�4� ter:ninate the iC'�?S2, ci;Cil1C3�' L,LjS�"L LiO;:: YG5Sc571JIi OL L.l�
Premises, sell all or any part of the Premises at tl�e �st price �btainabl�
(provide� sucn sale is permitted by applicable law) , sucl� sale to � on such
terms and conditions as the LFSSOR, in its sole discretion, shall determine
and apply the proceeds of sucl� sale less any eapenses tiiereof Lor the
account of the LFSSEE;
(S) exercise any remedies available to it under the yinnesota Uniform
Co�ranercial Code; � -
(6) take whatever action at law or in equity may appear necessary or
appropriate to collect the rent and additional rent then due and tl�ereafter
to become due, or to enforce performance and observance oL any obli�ation,
ayreement or covenant oL the LFSS,.-.."E under this Lease.
(7) in exercising any of its remedies set Forth in this Section, the
LESSOR may, whether or not the Lease is then in etfect, hold the LESSEE
liable for the difference between the payments and other costs for which the
LESSEE is responsible under this Lease.
(8) no remedy. herein �nferred ui.-�on or reserved to LFSSOR is intended
to be exclusive of any other available remedy or remedies, but each and �
'every such remedy shall be cumulative and shall be in addition to ev2ry
other remedy given under this lease or now or thereafter existin9 at law or .
R
� ���'�=��'
in equity by statute. No delay or omission to exercise any rignt or power
accruing,.upon any default shall impair any such right oc power or shall be
construed t� be a waiver thereof, but any such right and power may be
exercised from time to time and as of ten 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
r.otice as ;nay �e herein expressly cequired.
/�
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THE FOLLOWING SPACE BELOW IS PROVIDED FOR ANY ?�DDITIONAL PROVISIONS OR --
r'tEQ(J IREMFI�I'S.
------------------._.._ i
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IN WI�NE.SS W�RDOF, the parties hereto have set their hands and seals
the day �and� year in this lease first above written.
LESSOR - CITY OF SAIN'I' PAUL
rZAYOR
CI'i'Y CL�K ---- ------
DIR�X."I'OR OF FINANCE r'�1�ID MAI�IAGII�I�TT
SERVIC�:S .
DEPAR'I��'v�I' D I R�l�i�
C ITY ATIbRt�,'Y (FORt�i APPROUAL)
LESS�
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ITS
(LFA.SE) �
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i�ESSOR NC71'ARY
S'I't;TE OF hi I N�i i:5�7I'�-; )
) ss.
COCNI'Y OF RAM.SEY )
The foregoing instrument was acknowledg� oeEor2 me �his ____d�y
of , 19 , py George Latimer, P9ayor of ti�e
City of Saint Paul, a municipal co�poration of tl�e State of ytinnesota, on
behalf of said City of Saint Paul.
Notary nu'olic `
Ti�e foregoing instrumemnt :aas acknoa�l��lylec:� �fo�e ��e tl�is __da;�
of , 19 , by Albert Olson, City C12rk oi tne City
of Saint Paul, a municipal corpo�ation of the State of i�innesota, on behalf
of said City of Saint Paul.
Notary Public �
The foregoing instrument was acknowledyed before �e this _ day
of , 19 , by Peter Hames, Director of
Finance and Management Services of the City of Saint Paul, a municipal
�. corporation of the State of Minnesota, on pehalf oF said City of Saint Paul.
_.. _ .
. : . ,, . .;;. _:.
, ,.> .,., ;,, . . _
Notary Public
,�
. � � ��a�'
�5�; ��
STATE OF ltiINN-'t:SC7!'A )
) ss.
COU[�ll'Y OF RAf9SL•'Y ) '
Tne foregoing instrument was acknowledged before rn� tliis _�__^ day
of December _.�_ , 19_��, by _Stanley_ J. Lange�
Patrick J. Rooney_and Ronald C_Evans .____.____�_____,_
its President•�e� t���Il_���t�4���V -------
Not }� Public -------------------
w�ww....�s..�.�e.s�,..e..r..n.e......�.
�W:J M• 'b• � ��I n.+ '•�}
U/`!Q - J !}'�.'��.Y�d
�... NOTARY rU8L1�— ! ' '��SOTA
�;,f�
�: - RA:".�S"cY Ci:L�?ci`!
My Commi:sion Expires 8-19-30
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���� �� �,k��,x��, ISSUE DATE(MMlDU�rr)
., .. ...3�:,
��► , • ' 12-14-84
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?ROOUCER . THIS CERTIFICATE IS ISSUED AS A MATTER OF INFOAMATION ONLY AND CONFERS
EXTEND OR ALOTER THE COVERAGE AFFORDED BY THEiPOLIC ES�BELOW.AMENO,
m,l� ,�nt�l?.o ,ti,�,,??ZC}�, T11C.
!�7^^. '��s,iin�cLo�l ^_v-�n.u�� COMPANIES AFFORDING COVERAGE
.'�i11t..2 :ii�:l'L i_���:i.�� ?r.1 _�5�.�_�7 �
COMPANY A �t, paul Cornp ani=s .—�jl-�
LETTER
COMPANY B
�ETTER
INSURED
COMPANY C
,.J:'11i1�'_ �,OC:l3tY nf _,..."�._'`� ��011l7t}� LETTER
;��?��_;'' „^':� COMPANY p
� ,..
S�. '_'�3tt1; :�'? J_ �_'�:� 1ElTER
COMPANY E
LETTER
s - � c ` . ..c , ,.. ::_
NOTWIT STANDING TANY REOI/R1EMENTNTERM OR COND TIONLOF ANYVCONTRACTUOR OTOHER OOCUM NT WITH RES ECT�TO WN CHL HIS CERT�ICA'TE MAY
BE ISSUEfI DR}1:a'{prFTAIN, TNc 1tiSUUANCE AFFORDED BY THE POLICIES DESCRIt3ED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUS�ONS,AND CONDI-
TIONS OF SIICti POLICtES. LIABILITY LIMITS!N THOUSANDS
- PpLICY EFFECTNE POUCV EXPIRATION EACH q�REGAT
CO TYPE OF INSURANCE POIICY NUMBER OATE(MM/DOM1 DATE(MM/DDlYYI pCCURREN
LTR
GENERAL LIABILITY
INJURY � �
1/1/�5 1/1/3�
,f� S; COMPREHENSIVE FORM 667TILOl.i�{� PROPEFlTY $
" PREMISES/OPERATiONS OAMAOE $
�� UNDERGROUND
EXPLOSION&COLLAPSE HAZARD
�� PRODUCTS�COMPLETED OPERATIONS OOMBINED $ S�O $ SOO
�� CONTRACTUAL
t� INDEPENDENi CONTRACTORS
�� BROAD FORM PROPERTY DANAG[ PERSONAL INJURY $ S OO
� PEPSO�dAL I�vJURY
ttu�av $
AUTOMOBILE LIADILITY �PER PERSON)
� APd'f AUTO ZI1-I�5 L�1��3 �DILY
�i ' �i ALL OVo'tJeD AUTOS fPRIV. PASS.) v�)�]i',�7�.�1� I� $
�THER THAN 1�R���
ALl OWNED AUTOS{�,G��� ���5 � PROPERTY
, Ai HIRED AUTOS DAMAGE $
� " NON-OW?J[D AU7CS
fiARAGE �_IP.BILIiY OOMBINED $ SQn
--:_--��__.� One Onc
, EXCESS LIABIUTY 1�1�^rj �.�l.�u� COMBINEO $;.iillion $,111.
�� :' UMAREILA FORM GC�7iYL'��-�U
OTN[R THAN UMRRELLA FORM S7ATUTOiiY
WORKERS' COMPEN54TION �/Zt/ (EACH ACCIDENn
��r�n ^L� 9/21/35 � 1 �t T roISEASE•POUCY LI
[� AND t:>j7C7i.,.�.J Jc�l
$ , (DISEASE•EACH EMf
EMPLOYERS' LIABILSTY
OTHER
DESGAIPTION OF OPERATiONS/LOCATIONS(VEHICLES/SPECIAI ITEMS
!�<l�'it:i.onul '_'a�te�l. Insurcc?, City ot St. ?'au1, It's '�lecte:i aur? l;�pointe� Ofticers.
�- . . R . • " . ,. . .
•
.�. .,....,..:�<�.,_..:, �,�, ..
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH
(.lt,� n 1 ,��-• '.``=`1?- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENOEAVOF
'i)4���,�1'�^�,r �,r T.�1�,,,,,t�^ MAIL �`� DAYS WRITTEN NOTICE TO THE CERTIFICATE HOIDEFi NAMED TO
LEFf,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR UAB
�1� n�;�Y• ';�1'�_ OF ANY KIND UPON T E OMPANY, ITS AGENTS OH REPRESENTATIVES.
;��. r'.'l�ll y .`'_''i .��_Ln� AUT.N D REPR -
•'� •''�' �
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