86-939 ��
�MHITE - GTV CIERK
PINK - FINANCE G I TY O F SA I NT PA LT L Council �y�_ 9� ///���
CANARV - OEPARTMENT Y
BLUE - MAVOR �Ile NO. � /
Return copy to: • C�unC ' Resolution �'� �
Valuations - Room 21
(Counres) (DN) '� � 1
Presente By
Referred o � ✓"}/���� Committee: Date � �'� �
Out of Comm tte By Date
RES LV D, That the Council of the City of Saint Paul does
hereby a th rize and direct the proper City Officials to execute
on beha f f the City of Saint Paul a three (3) year lease
agreeme t etween the City of Saint Paul and West Publishing
Company PW 27) for property along Shepard Road between Chestnut
and Rams y ounty Adult Detention Center located within the following
describe a eas:
Ric d Irvines Addition Blks 26 thru 41 and 46 thru 53
subj ct to esmt part of Lots 1 thru 7 SEly of fol L; beg on
NWly ' L f and 44 .77 ft from NW cor of Blk 46 , th NFly at
ang o 13 deg 04 min to R from sd NWly L to NWly L to NWly
L oflsd blk and subj to rd Lots 10 11 12 & 14 & all of Lot 13
Blk 6 nd
Rice an Irvines Addition Blks 1 thru 25, 42 thru 45 and Blks
54 t ru 56 subject to rd and esmts & vac st accruing the fol;
beg t S cor of Lot 5 Blk 45 th NWly 47.4 ft on SWly L of
Lot NEly to a point on CL of vac Ontario & 132.2 ft NW
of ine of Shepard Rd th curve R on a Rad of 3544 ft to
the E ine of Blk 43 also being the NW line of Shepard Rd th
SW o g sd rd to Sly cor of Blk 45 th NWly to beg being part
of k 43 44 & Blk 45
for a p 'v e parking lot.
Conside at ' on to the City for the use of said property is to be
$90,000 '00 for lease term commencing June 1, 1986 to May 31,
1989.
COUNCILME Requested by Department of:
Yeas Drew ys �
N"°s'e In Favor
Rettman �
Scheibel
Sonnen __ Ageipst BY
i'.deaee� I
Wilson ��� � O ��D�
Adopted by Council: I Date Form Approve City Attor ey
B ��i�.r.iL �
Certified P•s d c S ta y Y
BS JpL � �F �� Appr d by Mayor for Submi si to ounc'tl
Approved avor. at
By Y
i
PUBtISNED J U L 1 91986
Finance & M,ana. em t ervices. � DEPARTMENT � ' �a�R�`3/ �1T° _ 05423
. . _ . �
�ave Neison _ , CONTACT
298-5317 PHONE
DATE ���� � � �r �
�
ASSIGN NUI�.ER FOR UT NG ORDER Cli A1l Locations for Si na�ure :
,,,_ Department Dir to � 4 Director of Management/Mayor
�� Finance and Ma ge ent ervices Director - � City CTerk
�_ B � _�Yaluations
� i City Attorney
WHAT WILL BE ACHIE D Y TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/
Rationale) :
Execution of a th e ) year T.ease Agreement (PW/27) between the City of Saint Paul and
West Publishing C pa . Dcnc�"�D
rECE1VtD ««,� �
��� I �� J U N 0� MAY 2 g '�
r�---
��aYO��s o�FicE C�TY ATTORNEY �
COST BENEFIT BUDG AR AND PERSQNNEL IMPACTS ANTICIPATED:
The rent revenue e ed will be divided in the following manner: 30X Ramsey Caunty (in
lieu. of taxes) 37. % o the State of Minnesota (highway funds rei.mbursement) and 32.97Y
to the City of Sai ul (Public Works). .
fINANCING SOURCE B GET ACTIVITY NUNBER CHARGED OR CREDITED: (Mayor's signa-
ture not re-
Total Amount of" an action: $g0,0o0 quired if under
Fundin.g Source: - � �10,000)��C��D
� �
Activity Number: 1 101-6801 . i��AJ � �9�
ATTACHMENTS List a N mber All Attachments : ��'ECYOR
�".►.4NCE
R��E I V E D �E�V�c�
1. Council Resolu on to be considered.
2. Copy of Lease . re ent
3. Reports by V�1 ti Engineer and Budget Director
' ,`� . JUN 61986
� � CITY ATTORNEY
DEPARTMENT REVIEW ' CITY ATTORNEY REVIEW
x Yes No Counc R solution Required? ' Resolution Required? x Yes No '
�Yes No Insur ce equired? Insuran�e Sufficient? Yes No
Yes X No In.sur ce ttached:
� (SEE •REVERSE SIDE FOR INSTRUCTIONS) .
Revised 12/84
,. . -. HOW TO USE THE GREEN •SHEET � , . ,
. ,. . . _.
The GREEN SHEET has several PURPOSES: � ' � � �
l, to assist in routing doc�ments and in securing required signatures
2. to brief the reviewers of documents on the impacts of apQroval
3. to help ensure that necessary supporting materials are prepared, and, if
� required, attached. '
Providing complete informa'tion under the listed headings enables reviewers to make
decisions on the docwments and eliminates follow-up contacts that may delay execution.
The COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS heading provides �space to explain
� the cost/benefit aspects of the decision. Costs and benefits related both to City
budget (General Fund and/or Special Funds) and to broader financial impacts (cost
to users, homeowners or other groups affected by the action) . T3ze personnel impact
is a description of change or shift of E'ull-Time Equivalent (FTE) positions. �
If a CONTRACT amount is less than $10,000, the Mayor's signature is not required,
if the department director signs. A contract must always be first siqned by.the
o�tside, �g�ncy before routing through City offices. .
Below is, the preferred ROUTING for the five most frequent types of documents:
. CONTRACTS (assumes authorized budget exists) � �
.. 1. Outside Agency 4. Mayor
2. Initiating Department 5. Finance Director
3. City Attorney 6. Finance Accountinq
ADMINISTRATIVE ORDER (Budget Revision) ADMINISTRATIVE ORDERS (all others)
1. Activity Manager 1. Initiatinq Department
2. Department Accountant 2. City Attorney
3. Department Director 3. Director of Management/Mayor
4. Budget Director 4. City Clerk '
5. City Clerk
6. Chief Accountant, F&MS
COUNCIL RESOT�UT.�ON (Amend. Bdgts./Accept. Grants) COUNCIL RESOLUTION (all others)
1. Department I�ixector 1. Initiating Department
2. Budget Dir�tor 2. Citj� Attorney
3. City 'Attorney 3. Director of Management/Mayor
4. Director of Management/Mayor 4. City Clerk
5. Chair, Finance, Mngmt. & Personnel Com. 5. City Council �
6. C�ty Clerk
7. City Council
8. Chief Accountant, F&MS
SUPPORTING MATEx,�Ai;S. • I�T the ATTACHMENTS section, identify all attachments. If the
Green Sheet is well done, no letter of transmittal need be included (unless siqning
such a letter is bne of �he�requested actions) .
Note: If an. aqrs�ment �requi�c�sb�-e�viderice of insurance/co-insurance, a Certificate of
Insuranae��ffihould be ane! di the attachments at time of routing.
Note: Actions which require Citp Council Resolutions include: �
1. Contractual relationship with anather governmental unit. �
2.. Collective barqaining contracts. � ,
� 3. Purchase, sale or lease of`land.
4. Issuance of bonds by City.
5. . Eminent domain.
6. Assumption of liability by City, or granting by City of indemnifica�tion. .
7. Agreements with State or Federal Goverr�ment under which they are providing
funding.
8. Budget aiaendments. . .
1ZE.'V1_5t_'c:< <��i'. :ti'� ,
' . . , �� �3y�
____ Authority (C .F . or A. O . )
LEASE NO, '� •��• / 27
�'INANCE DE T. LEASE NO . ��• Gs������''
�` `� �'�.
DATE —�--------------_.._ ��f. ' ��,G'.
� o fi'``�� a ^
C� � �isit���iljtl� '�
: < i i ,�
�
March 281 1 6 --- -- --�_____ �'�v,s ``�
� �'`:+',• ;y s c .�
L�S S G rZ :`�=,�=�,;''
C1L4 of air . Paul _` _____ ___ CI I Y Ur S�IN� PAUL
CITY �E?AR "�IE T ?��;1_ PROPERT�'
Public w rks __ __.______ —___-_—_ LtA�E ,A�RE�MENT
LESSr,E
k�est rub 'ish n Com�ny `--- ---- —.�
AI?Dcc�SS
50 West ell , Po�_levara ___v__ ___
(.l} L2I se Premises. �he LESSOR, in consideration of the �a� ment
_ � �
of the rea h r2inaft� r speciFied to be paid by tize LESSEE , and the
covenar.ts 3 agree:r,ants k:arain contained, doas hereby 1?ase, demise
and le � u o LESSEy the following de� cribed pre �nises , which are
hezeinaf�er�l re arred to as the "Lz�sed Dremise�" :
AddYess
7��. r",�;�_� � � r._d 19� C'�e�tnut Stre�t_ (Eoraler InuusLrial. Steel. Cor:�aiaer S:i_te)
Lega? DesC i. Li.^,fl : (jl1C�'2 � e?3SZu y?: c?� Iit1S@S 1riC �llii=_' 3i71 arl[j 1ii
fJUl.'t.(� :.Il .y^ S � i:. tl1Ct?S � �3ilu improv� .T,2i7tS � tO�r? tner Wltil c�i iOZC :30:1a �.
, groper ��I � �: 1 :� dr� I.003tE�3 O:1 �;7F? �.3CC? � Gt �3R� CjeSCY1DP_d Z�O�JZ dS
f:r:e iect5�� �2 iS2S.)
RIC:E AI�D IR�JIi �5 DP,ITION LLKS 26 thru 4�1 3nd 4h tY:z-u 53 subject t,:� es�nt part of I.ots 1
thru 7 SF]yo u fo L; heg on N?•dly L of und 44.77 ft Lrom r?t�J cor ot B1k 40, tn NEi_y at
angie of 1'3 d Q min to F `rom sca NWly L tc IvkT1y L of sd blk and suUj to rd Lots 10
�1 12 & 14 & 1 f Lot 13 �1� 46 arid
Rice and Irvi s dditien :�1'ccs i thru 25, 42 thru 47 and Bl�:s 5�• thru �6 subject to rd
and esmts & v• . � a=cr�uing tl�e fol; L�eg at S cor o� Lot 5 TIk 4� th NW1�; 47.4 ft on
S?•71y L of. Lot � �' i.El� to a �:oint on CL of vac On*_arie & 13='.2 ft NT�� of NW L:ine of
Shepard Rc tY� tir e R on a i�ad of 3544 ft to the SE Line of li11: 43 also b�ing the NW
lir.e of Shep2t R th S'v? along sd r.d to S1;� cor c-f B1k 45 t;� NWly Lo heg oe�ng part
of_ i31ks !+3 µ4 � B % 45
�
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See Exhib 'Ijt A" Plan or Map of leased area which is incorporated
herein by hi reference.
Type of Pr e ty (Vacant Land/��gX� . Square Footage
Vacant Lan ': 27,429 square feet
(2) T rm of Lease This lease shall be in effect for a term
commencing an ending on the dates indicated below, unless terminated
earlier by ,Ih LESSOR as provided herein.
Term ( /Y ars) Commencing Date Ending Date
3 yea June 1, 1986 May 31, 1989
(3) IIselof Premises. The premises shall be used and occupied by
LESSEE for he following purpose:
Parking
.�_
and for no th r ourpose without the prior written consent of LESSOR.
(4) Ba �ic Rent. Rent shall be paid in advance , on the first day
of each an e ery payment period thereafter as indicated in the
Payment Sch 'du e below:
Total Rent I Payment Schedule
During Leas T rm (Monthly/Annually - Commencing Date - $ per Period)
$90,000.00 Quarterly June 1, 1986 $7,500.00
LESSEE a make "all payments to LESSOR at the following address:
City of St. ul Department of Public Works 25 W. 4th St. City Hall Annex St. Paul, Mn.
55102
The app ca le account number for City Finance Accounting Code is:
4�12101-680
( 5) Ad it onal Rent. LESSEE shall pay LESSOR said rent as
hereinabove '' pr vided , and in addition thereto , shall pay when due as
Additional en , all water , electric, gas and other lighting , heating
and power en s , mana�ement Eees , LESSEE ' S pro rata share of the
LESSOR'S cos o major repairs as specified in provision (il) , LESSEE's
pro rata sha e F the installation of capital investment items which are
primary for l h purpose of reducing operating costs, all taxes general
or special , lal oublic rates , dues , charges of whatever nature and
special ass 'I s ents of every kind which sha11 become due and payable
upon said r l estate or improvements thereon during the term of the
lease. (Notlin herein shall prohibit LESSEE from reasonably contesting
the levy of a y such tax) . LESSEE shall also pay to the LESSOR
Additional R nt as such may be owing on the same dates and in the same
manner as r nt A3ditional Rent means ali amounts other than rent ,
which LES5E-�I is or may �ecome obligated to pay pursuant to this lease
including bui t limited to amounts required by Subsection 7 (d) . In
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the even � L SSEE does not make such payments , LESSOR may make the
payments at its option, and iP it does , the amounts so paid become
Additiona R nt.
( 6) ' g t of EntrY. At all times during the term of this lease ,
the LESSO s all have the right, by itself, its agents and employees,
to enter nt and upon the Leased Premises during reasonable business
hours for th purpose of examining and inspecting the same.
(7) L SS E'S Insurance. LESSEE shall maintain during the term of
this leas a d upon the leased premises certain insurance coverage
which is es ribed as follows:
(a) ' W RKERS ' COMPENSATION INSURAVCE with coverage not
1 ss than the statutory limits and EMPLOYERS
' L BILITY INSURANCE with limits of not less than:
100 000 PER ACCIDENT
(b) IC MPR�HENSIVE GENERAL LIABILITY insurance including
bi nket contcactual liability coverage an3 personal
' liability coverage with a combined single limit of
n less than:
600,000 PER OCCURRENCE
Su h insurance shall (1) name the City of Saint Paul,
it elected and appointed officers , employees and
ag nts as additional insureds ; ( 2) be primary with
re oect to LESSOR'S insurance or se1F- insurance
pr gram ; ( 3) contain a standard cross liability
en orsement, (4) not exclude explosion, collapse and
un erground property damage; and (5) be written on an
"O currence" Form policy basis.
(c) PR PERTY INSURANCE including fire, extended coverage
Ian all-risk insurance covering the demiszd premises
an a11 property located therein belonging to LESSOR
in an amount equal to 908 of the fu11 replacement and
' re onstruction cost of the property. The amount of
th deductible, if any, shall not exceed � of
fu 1 replacement. The amount as indicated below is
'th amount oF coverage agreed to by the parties at
Ith inception of this LeasP. Such polic;� shall be on
a eplacement cost basis , with permission to replace
Iat any site . The amount oP insurance shall be
in reased to an amount equal to 90 $ of the full
re lacement and reconstruction cost of the premises
on every annual anniversary date of this Lease.
Wh never requested by LESSOR, LESSEE shall procure an
p raisal of the Leased Premises From an appraiser
p roved by LESSOR, and the new appraisal amount
h 11 then become the new basis for insurable value.
h policy will be issued in the name oE
�
. ,
.
. . . �� y� �
_
ILE SOR with loss payable to LESSOR and LESSEE as
Ilth ir respective interests may appear.
-.
N/A _ AMOUiVT AGREED UPON COVERAGE
IjWi h respect to property losses not covered by
lin urance , it shall be the responsibility of the
IILE SEE to pay all costs to repair or replace the
Ida aged property with like kind and within a
�re sonable time. The LESSEE shall be responsible for
Ith insurance policy deductible amount as stated in
Ilth Property Insurance policy for the lease3
I r mise s . The Lessee is responsible for insuring its own property.
(d) I�;I h policies required in this section shall name
I E SOR, and any persons , firms , or corporations
� e ignated by LESSOR as an insured, and shall contain
ause that the insurer cannot cancel or change the
jl' n urance without first giving the LESSOR 30 days '
I ri r written notice.
Ih insurance shall be placed with insurance
o panies approved by LESSOR and copies of the
ol cies shall be delivered to LESSOR on the date of
ES OR'S execution of this agreement. The policies
h 11 also indicate that coverage shall not be
nv lid due to any act or omission on the part of the
ES OR. If such policies are not delivered to the
ES OR as provided , the LESSOR may at its option
er inate the Lease or place the insurance itselP and
il the LESSEE for the cost of coverage as
dd tional Rent.
t s specifically understood and agreed that all of
he proceeds of such insurance policies shall belong
o nd be payable to the LESSOR, and LESSEE as the ir
Int rests may appear.
If or any reason any of the insurance hereunder is
I i , the LESSE� is responsible to the LESSOR Eor any
II i ured loss.
(S) Can el ation or Termination. This lease sha11 be subject to
cancellatio ' a d termination by LESSOR at any time during the term
hereoF by g vi g the LESSEE notice in writing at least ninety (90)
days , ( thir y 30) days for leases with a term oE one (1) year or
less) in ad a e of the date when such termination shall become
effective. I e event of such termination any unearne3 rental paid
by the LESSE s a11 be returned to LESSEE wittiout interest.
I�
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(9) Ili N tice. All notices herein provided to be given, or which
may be g" v n by either party to the other , shall be deemed to have
been ful y iven when served personally on LESSOR or LESSEE, or when
made in ri ing and deposited in the United States Mail, certified and
postage re aid, and addressed to the LESSEE at the address stated on
page 1 a Id o the LESSOR, at the Division of Valuations , Real Estate
Section, P21 City Hall , Saint Paul , Minnesota 55102. The address to
which th n tice shall be mailed may be changed by written notice
given byjji er party to the other. Nothing herein shall preclude the
giving of� su n address change notice by personal service.
.
( 10) �Ii A si�nment and Sublettinc�. LESSEE shall not assign or
sublet th s ease without the written consent of the LESSOR.
(11) �� Re airs , Alterations and Maintenance . It is agreed and
-- --- ----------- -- -------- --
understoo t at LESSEE shall perform at its own cost and expense all
emergencl r pairs , improvements or alterations , health and safety
repairs Id routine maintenance in order to keep the premises in a
good and �lsa e condition. LESSOR shall be responsible for major
repairs ( nv lope of the building, HVAC, Roof, Mechanical systems) to
the build ng and the structure during the term of the lease. LESSEE
shall obt in written consent from the LESSOR for any physical changes
as state il a ove to the premises other than emergency repairs or
routine m in enance.
(12) I a ments in Case of Default. LESSEE shall pay LESSOR all
— ---- -- ---- — -------
costs and xp nses, including reasonable attorney's fees in any action
brought by� LE SOR to recover any rent due and unpaid hereunder , or for
the breach�I or default of any of the covenants or agreements continued
in this le se or to recover possession of said oroperty, whether such
action pro re ses to judgment or not.
(13) ur ender of Premises . The LESSEE , at the expiration of
said term r any sooner termination of tnis lease , shall quit
peacefull nd surrender possession of said property and its
appurtenan es to LESSOR in as good order and condition as the property
was delive ed to the LESSEE.
(14) � d nity. The LESSEE indemnifies , defends , saves and holds
harmless t e ity of Saint Paul and any agents or employees thereof
from all c ai s , demands , actions or causes of action of whatsoever
nature or ha acter , arising out of or by reason of the Lease of the
herein des ji d premises by the LESSOR to the LESSEE or the condition
of the pr � ;nises or as a result of the operations or business
activities �Ita ing place on the premises. It is fully understood and
agreed tha ! L SEE is aware of the conditions of the leased premises
and leases j h same "as is".
(15) Hllld Over. Should the LESSEE hold over after the expiration
of the ter of this Lease with the consent of the LESSOR, express or
implied, s I' d tenancy shall be deemed to be a tenancy only from month
to month, s bj ct otherwise to all of the terms and conditions of this
lease so fa a applicable.
d
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(16) � o lution and Contaminants. LESSEE agrees to comply with
all ordi a ces , laws , rules and regulations enacted by any
governme Ita body or agency relating to the control , abatement or
emission r ir and water contaminants and/or the disposal of refuse,
solid was es or liquid wastes.
LESSEE sh�l 11 bear all cost and expense arising from compliance with
said ordila ces , laws , rules , or regulations and shall indemnify ,
defend, s ve and hold harmless LESSOR from all liability, including
without jim tation, fines , forfeitures , and penalties arising in
connectio j w th the failure by LESSEE to comply with such ordinances ,
laws , rul s r regulations. LESSOR has the right to perform cleanup
and charg l t e LESSEE for such costs should the LESSEE fail to comply.
(17) I on rollin Lease. In the event there is any prior existing
lease orir ntal agreement between LESSEE and LESSOR (or its
predecess ' n interest) covering the subject property, it is agreed
and under to d that this Lease shall cancel and terminate any prior
leases or e al agreements as of the effective date of this lease.
(18) e truction. In the event of damage to or destruction of
the Leased Pr mises or in the event the premises becomes untenable or
unfit for c pancy due to sucn damage during the term of this Lease,
LESSOR ma a its option terminate the lease upon f if teen (15) days
written nl i to LESSEE; or within fifteen (15) days agree to restore
the premi es within a specified time period following the casualty,
charging t e osts in excess of the insurance proceeds , if any, to the
LESSEE as dd tional rents; or may direct that LESSEE promptly restore
the Leasjd remises to substantially the condition existing
immediatel ior to such damage or destruction, and for that purpose,
if sucn da ag or destruction was caused by perils insured against the
LESSOR sh I11 make available to LESS�E pro rata, as work progresses ,
the net pr ce ds of such insurance. If such proceeds arz insufficient
to pay th le tire cost thereof , LESSEE agrees to pay as Additional
Rent , a lul p sum payment or in a form agreed upon by the LESSOR the
remainder j f sucn cost. The rents to be paid during the restoration
period sha 1 e abated in proportion to the loss and impairment of the
use of theljLe sed Premises �ased upon the number of days of loss or
impaired . jl
( 19) an ru�tc� or Insolvenc� Any of the following events
occurring ur ng the term of this lease snall consticute a default by
the LESSEEI
(a) �la etition to have LESSEE adjudicated bankrupt or a
Ilpe ition for reorganization or arrangemen_t under any
i�la s of the United States relating to bankruptcy be filed
Illlby LESSEE;
(b) I�a etition to have LESSEE adjudicated bankrupt be filed
!, g inst LESSEE and not be dismissed within ninety ( 90)
I� a s from the date of such filing;
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( � e assets of LESSEE or of the business conducted by
SSEE on the Leased Premises be assumed by any trustee
0 other person pursuant to any judicial proceedings; or
(dl L SSEE makes any assignment for the benefit of creditors.
It is anlex ress covenant and agreement of LESSOR and LESSEE that
LESSOR ma , t its election, terminate this Lease in the event of the
occurren e f any of the events described in this Article or in
Article elating to liens by gi��ing not less than ten ( 10) days'
written n ti e to LESSEE; and when so terminated, LESSOR may reenter
the Lease P emises. This Lease and its Leased Premises shall not be
treated s n asset of LESSEE'S estate. It is further expressly
understoo a d agreed that LESSOR shall be entitled upon such reentry,
notwiths an ing any other provision of this Lease , to exercise such
rights an r medies as are provided in Defaults/Remedies Section oF
this Leas .
(20) o liance with Laws. The property described herein may be
used for on y the purposes stated 'nerein. It is the sole and
exclusivel re ponsibility of the LESSEE in the use of the pr_operty to
comply wi h ny and all laws, rules, regulations or ordinances imposed
by any j ri diction affecting the use to which the property is
proposed o e put. Inability or failure on the part of the LESSEE to
comply wi h ny of said laws , rules , regulations or ordinances will
not relie e he LESSEE of the obligation to pay the rental provided
herein . I
(21) on Discrimination. The LESSEE for himself , his personal
representa iv s , successors in interest,and assigns, as a part of the
considera io hereof , does hareby covenant and agree , as a covenant
running wi h he land, that (1) no person, on the ground of race, ses,
color, han ic pped condition or national origin shall be excluded from
participat on in, be denied the benefits of, or be otherwise subjected
to discril i ation in the use of said faciiities , ( 2 ) that in
connectionlwi h the construction of an1 improvements on said lands and
the furni hi g of services t:�ereon , no discrimination shall be
practicedji the selection of employees and contractors , by
contracto s in the selecti � n and retention of Eirst - tier
subcontrac or , and by first-ti�r suUcontractors in the selection an�3
retention f econd-tier subcontractors, (3) that such discrimination
shall not e racticed against the public in their access in an3 use
of the fac 1 ' ties and services provided for public accommodations
(such as e ti g , sleeping , rest , recreation, and vehicle szrvicing)
constructe ' o operated on, over , or under the peace of the right-of-
way, and (4� t at the LESSEE shall use the premises in compliance with
all other �l e uirements imposed pursuant to Title VI of the Civil
Rights Actlof 1964 , and Title 49 , Code of Federal Regulations , Part
21, Admini tr tive Code 183.04 and as said regulations may be amended.
I
That in th e ent of breach of any of the above nondiscrimination
covenants, he City sha11 have the right to terminate the lease and to
re-enter a r possess said land and �he Pacilities tnereon, and build
the same a ii said Leasz had never been made or issued.
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(22) �I L ' ns. The LESSEE shall not permit mechanic's liens or other
liens toilb filed or established or to remain against the Leased
Premises �lfo labor , materials or services furnished in connection with
any addi i ns , modifications , improvements , repairs , renewals or
, replacem n s made to the Leased Premises , or for any other reason,
, providedl�ith t if the LESSEE shall Pirst notify the LESSOR of its
intentio t do so and shall deposit in escrow with the LESSOR a sum of
money oriia ond or irrevocable letter of credit acceptable to the
LESSOR e ua to the amount of the claim of lien, LESSEE may in good
faith co te t any such claims or mechanic's or other liens filed or
establish d nd in such event may permit the items contested to remain
undischar ed and unsatisfied during the period of such contest. If, in
the opin n f the LESSOR, the nonpayment of any such items subjects
the Lease P emises to any loss or forfeiture, the LESSOR may require
the LESS j use the escrow account to promptly pay a11 such unpaid
items an �� i LESSEE fails to pay from the escrow account, the LESSOR
may pay a d harge the LESSEE as Additional Rent.
(23) �' m nent Domain. In the event the entire Leased Premises
are taken ;jby eminent domain, or such portion thereof is so taken that
in LESSE ! S reasonable judgement it is uneconomic thereafter to
restore t eased Premises and proceed under the terms and provisions
of this L as , LESSEE may terminate this Lease by giving to LESSOR
thirty (3 ) ays ' written notice of termination , effective as of the
date on �hi h the condemning authority acquires legal title or
physical s ession of the Leased Premises. The total award made in
such emin nt domain releases all share and participation in said
award. L jSS E may to the extent otherwise permitted in the eminent
domain pro ee ing, remove its own trade fixtures at its own expense.
(24) ef ult Remedies. Failure by LESSEE to observe or perform
any of thejco enants and agreements provided 'nerein shall constitute a
default. ��jn such event LESSOR may exercise any one or more of the
following em dies:
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(a) �re nter and take possession of the Premises �vithout
i�te mination of this Lease , and use its best efforts to
���le se the Premises to , or enter into an agreement with ,
�iian ther person for the account of LESSOR;
(b) ��� e minate this lease, exclude LESSEE from possession of
i h Premises , and use its best efforts to lease the
r ises to, or enter into an agreement with, another in
�ic rdance with applicable 1aw;
(c) ixc ude LESSEE from possession of the Premises , with or
i out terminating this lease and operate the Premises
ts lf;
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(d) ilte minate the Lease, exlude LESSEE from possession of the
IPr mises , sell all or any part of the Premises at the
� be t price obtainable (provided such sale is permitted by
!{ ap licable law) , such sale to be on such terms and
Ico ditions as the LESSOR, in its sole discretion , shall
jde ermine and apply the proceeds of such sale less any
lex enses thereof for the account of the LESSEE.
(e) Ilex rcise any remedies available to it under the Minnesota
�IUn form Commerical Code;
( f) �'ita e whatever action at law or in equity may appear
jne essary or appropriate to collect the rent and
lad itional rent then due and thereafter to become due, or
ilto enforce performance and observance of any obligation,
Illag eement or covenant of the LESSEE under this Lease.
(g) �lin exercising any of its remedies sat forth in this
�� e tion, the LESSOR may, whether or not the Lease is then
I' n effect, hold the LESSEE liable for the difference
e een the payments aad other costs for which the LESSEE
I' s responsible under tnis Lease.
(h) I� o remedy herein conferred upon or reserved to LESSOR is
Int nded to be exclusive of any other available remedy or
� e edies , but each and every such remedy shall be
um lative and sha11 be in addition to everl other remedy
iv n under this lease or now or thereafter existing at
a or in equity by statute. No delay or omission to
xe cise any right or power accruing upon any default
h 11 impair any such right or power or shall oe
on trued to be a waiver thereof, but any such right and
ow r may be exercised from time to time and as often as
ay be deemed expedient. In order to entitle the LESSOR
o xercise any remedy reserved to it on tnis Provision,
t hall not be necessary to give any notice, other than
uc notice as may be herein expressly required.
( 25 ) Al, e ded . Anything herein containe3 to the contrary
notwithstan in , this lease may be terminated, and the provisions of
this Leasejma be , in writin� , amended by mutual consent oP the
parties her in
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THE FOLLO I G SPACE BELOW IS PROVIDED FOR ANY ADDITIONAL
PROVISIONSIOR REQUIREMENTS .
(26) PARKING�LO DEVELOPMENT RE UIREMENTS '
The Les or ill allow the Lessee to construct and maintain a parking facility
on the em' ed premises subject to the following conditions:
a. Les ee hall obtain all required permits for such work and comply
wit al requirements of the St. Paul Zoning Code including the
sit re iew approval. .
b. Les l e hall perform all such work at its own expense and to the
sat Ifa tion and approval of the Director of the Department of
Pub I'c orks.
(27) WAIVER R LOCATION BENEFITS. . Lessee agrees to waiver all, if any, relocation
benefit I th t may be owing as a result of their eventual vacation of the premises.
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IN W ITN SS WHEREOF , the parties hereto have set their hands and
seals thel a and year in this Lease first above written.
LESSOR - CITY OF SAINT PAUL
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MAYOR
CITY CLERK
DIRECTOR OF FINANCE AND �'y �
MA G M N SERVICES - G
Ili N A E E T �,3 �
DEPARTMENTiDI ECTOR
CITY ATTOR EY (FORM APPROVAL)
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LESS�S III
ITS
-- — —
ITS I
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ITS I
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Revised 11/ I 2/ 5
(LEASE)
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LESSOR NOTARY
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STATE OF IN ESOTA )
) ss .
COUNTY OF II'IRA SEY )
The folle oing instrument was acknowledged bePore me this
� day of-------------------' 19 by
---- --'
George La i er , Mayor of the City of Saint Paul , a municipal
corporati f the State of Minnesota, on behalf of said City of
Saint Pau
�I
Notary Public
The o egoing instrument as acknowledged before me
this ay of , 19 , by
Albert Ols n , City Clerk of the City of Saint Paul , a municipal
corporatio o the State of Minnesota, on behalf of said City of
Saint Paul
III Notary Public
I
The f re oing instrument was ac�cnowledged before ;ne this
day of -----------------' 19--------'
by _____ _____, Director oF Finance and
— -------------
Managemen S rvices of the City of Saint Pau1 , a municipal
corporatio � o the State of Minnesota, on behalf of said City of
Saint Paulj
Notary Public
LESSEE NOTARY
STATE OF MIINE OTA )
) ss .
COUNTY OF R MS Y )
The f llle oing instrument was acknowledyed beEore me this
---------I — ay ° f ---------------------- ' 19 ----- '
by
its
Notary Public
12
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CITY Of SAINT PAUL
'� '`= II DEPARTMENT Of FINANCE /1ND MANAGEMENT SERVICES
f� i� �=
��"�' "�� VALUATION DIVISION
�`"'�T;„`.-c°°� 218 City Hall
GEORGE LATIMER II Saint Paul,Minnesota 55102
MAYOR 612•298-5317
To: ayor George Latimer and
embers of the City Counci�
// >
From: II . William Donovan V'
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luation and Assess ent Engineer
Date: II y 23, 1986
Re: II LOA?IOH BNGIPBBR'S RBPORT ON RBAL PROPBRTY
ASB AGRBSME�iT 1�10. PI�i/27
Pursuant I o hapter 51.01 (9) Lease of City Property, I have
eaa=ined e eferenced agreesent and have found the folloMinq to
be accepta le
ill. Rental consideration is at the appropriate
sarket value for the property being leased.
II2. The insurance protection as specified in said
aqreeaent provides the City Mith suitable
protection.
Ij3. The legal description of the property to be
leased is true and correct.
II4. The rental consideration to be received by the
City has been designated for deposit into City
Finance Account 12101-6801, and will be accounted
for by the Public Works Accounting Section.
My recoa=e I a ion is for approval for Pi�l/27.
JI�TD:BF:aq
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;',� ',',; I CITY OF SAINT PAUL
�,; ;� :; �I DEPARTMENT OF fINANCE AND MANAGEMENT SERVICES
"•�' "�� �I VALUATION DIVISION
'^`.,,,T,„"��'` II 21a clty Hdll
GEORGE LATIMER�I Saiot Paul, Minnesota 55102
MAYOR II 612•296-5317
To: lil Mayor Geor e Latimer and
9
Members of the City Council
From: I� Greg Blees
ity Budget Director i�
Date: ay 23, 1986
Re: UDGBT DIR$CSOB'S RBPOBT OH REAL PROPERTY
EASB AGRBEMBI�iT PW/27
Pursuant I o hapter 51.01 (9) Lease of City Property, I have
examined t e eferenced agreement and have found the following to
be accepab e•
�� 1 . Rental consideration is at the appropriate
market value for the property being leased.
I�li2 . The rental consideration to be received by
the City has been designed for deposit into
City Finance Account 12101-6801, and will be
accounted for by the Public Works Accounting
Section.
My recommelda ion is for approval for PW/27 .
RF:ag
cc: Eugen li S iller
(Latimer2) �i
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.� � `L�� IM.IJ �1�J .��_ .
II�� ' �� . � (��-9 3�
� 'i'� CITY OF S.AINT PAUL
�.i';;� 'i OFFICE OF TI3� CITY COIINCIL
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.ua ce 14�ana ement � Personnel Committee.
July 3, 1986
1. Approvallliof inutes from meeting held June 26, 1986. Approved
2. Update o Ci y of Saint Paul Retirees and Dependents members regarding retiree
insuranc (1 id over from 6/26). Discussed
3. Discussill o policy and procedures for non-metro area job candidates (laid
over fro 6/ 2) . Discussed '
4. Resoluti a thorizing insurance coverage for District Council Board and
Director l (1 id over from 4/3). Laid over indefinitely
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5. Resoluti a proving 1986-1987 Labor Agreement between Independent School
District o. 625 and International Union Operating Engineers Local 967 and
two Mema nd of Agreement between Independent School District No. 625 and
the Inte at onal Union of Operating Engineers Local 967. Approved
. b�; Rp�solnt3, � a ri�zisg ��utieu�o€ _a �pear 2eaee �caemant betwe -
- �u^t�e -_ _
�.�y�crf i� PactY ��t+d West �'{i"blishing Coatpanp'"�� g�opertq �}a�g ,$hepard
R�fac� be tn kest�teA-a�d Ra�as7r. flp+�,ty `Adi�it �I��id�e�' Centef. �pp�d
7. Resolutio � a horizing a contract for Cable Access Saint Paul (CASP). Laid Over
8. Resolutioll a horizing an agreement with Minnesota Department of Public Safety,
Bureau of �ICri inal Apprehension and the City of Minneapolis for the operation
and maint an e of the Minnesota Automated Fingerprint Identificatian Network
(MAFIN) s te for calendar year 1987. Approved
9. Resolutiol� ap roving architectural contract Public Aousing Agency scattered
site-hous g evelopment between PHA and the city. Apvroved
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10. Administrl'I iv Order:
D-8047: th rization for payments for Community Fourth of July celebr t�ons.
�Discussed
1,1. Executive II rd r (laid over from 6/5) :
: E-24: I ta lishment of an Employee Policy of HTLV-III Disease (AIDS} .
'sc ssed
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CITY HALL SEVENTE-I FLOOR SAINT PAUL,MIl�INESOTA 55102
°�'�s
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