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86-1452 WHITE - C�TV CLERK PINK - FINANCE � I TY O F SA I NT PA U L Council C4NARV - DEPARTMENT File NO• ������ BLUE - MAVpR Valuationsy-tRoom �218 � •l Res lution �`� (DN) (AdmOrder) � ��p Presented By Referred To Committee: Date Out of Committee By Date RESOLVED tha the proper City officials are h reby authorized and direc ed to execute on behalf of the City of aint Paul (Police D partm nt) a six and one-half month Lease Agre ment (PD/19) �omme cing on October 15, 1986 and extending th ough April 30 , 198 with American Hoist & Derrick for 5.5 acr s of vacant land lo ated on the West side of Robert Street and outh of Fillmare Av nue f r a temporary impound lot. Gross monthly ent s all be $5, 800. COUNCILMEN Requested by Department of: Police Department Yeas �, Nays µ�°�'' [n Favor Finance & Mana ement Service Rettman � Scheibel ,d � � Sonnen _ Ag81t1St By Directo Tedesco B � w�ison Chief of •Police Adopted by Council: Date D 1 � ��8b' Form Appro ed by City or y Certified Pa.s unci Secr r BY � � By Approv Mavor. D't _ [ Q � Approved Mayor f bmis ' n to C uncil By — ` U�!IS�E Q�T ?�� . i . ��� o r PARTMENT N. 06144 Dave Nelson �� CONTACT 298-5317 PHONE October 6 1986 � DATE �/�� ,,`Qr , SIGN NUhBER FOR R UTING RDER 1i All Locations for Si nature c . 3 Department Dire tor �' 4. Director of Manageme /Mayor 2 Finance and Man gement Servic ,,s Director � 5 City Clerk Budget Director 6 valuations 1 City Attorney � WHAT WILL B� ACHIEV D BY KING TiON ON THE ATTACHEa MATERIA�S? (Purpose/ . . Rationale) : Police Department�w 1 hav an ad tional area for use as a temporary impound lofi this winter. � ,; ; RECE(VE'D ,; OCT 0 � I��b OST BENEFIT BUDGE ARY AN PERSO NEL IMPACTS ANTI IPATED: ' �. RECE�VE � _,r,. The City will have s ace f snow �irds this winter. ���� ��CT 619 6 � OFFIC� OF THE DI ECTpR- ;; OEPARTMENT OF ANCE � _ ANO MANA�OEMENT � �INANCING SOURCE AN BUDG ACTIV TY NUaBER CHARGED OR CRED.ITED: (Mayor's signa- 537,700 ture not re- Total Amaunt of " ransa ion: quired if unde � �10,000) Fundin_g Source• 435.�- 051-02 5-4000 ' Activity Number• • ATTACHMENTS List a d Num r All ttactunents : 1. Council Resolut on fo s'ignat re 2. Copy of Lease Ag eement _ � DEPARTMENT REVIEW CITY ATTORNEY REYIEW „�Yes No Counc'1 Res ution equired? ' Resolution Required? Yes No - Yes x No Insur nce R uired j Insurance Sufficient? Yes No Yes x No Insu nce A ached:'i � SEE •RE. ,RSE SIDE FOR INSTRUCTIONS) Revised 12/84 . . -d'� -i y.s� ' � �� �� / � LEASE AGREEMENT THIS LEAS AGRE MENT is entered into between AMERIC N HOIST & DERRICK COMP NY , � 45 St. Peter Street , Suite � 1800 , t. Paul , Minnesota 55102 ( "LESSOR") and the CITY OF SAINT PAUL ( "LES EE") . Lessee is desi ous of leasing the vacant land in St Paul as outlined on Ex ibit A attached. The parties are agreeab e to the leasing of said property under the following terms and condi ions : 1) Term of Lease. This Lease shall commence on October 15, 1986, and continue u til A ril 30 , 1987 . 2) Use o the Premises shall be solely for the s orage of automobiles a d oth r related uses , and for no other purpose. No ° manu£actuxing hall ccur on the Premises. The property m y be used only by Lessee . 3) Lease aymen . The rental for use of the property 5.5 acres) is $5 , 800.OQ p r mon h with the payments coming due on or efore the lOth of each m nth. 4) Non-a sigmm �t. Lessee's interest herein sha 1 not be assigned, tran ferre , or granted. Lessee shall not sublet any part of the subject land . 5) Lessee shall , at all reasonable times during busin ss hours , admit Les'sor a d its agents upon the Premises to inspect the Premises . 6) Lessee agre s to accept the Premises as of the da e of this Lease and to t ereaf er keep them in good order and free fr m refuse, ordinary wear and ear excepted. Lessor , by signing t is Lease , hereby acknow edges that, to the best of Lessor's infor ation and belief, during the eriod of the corporation's control of t e subject property, it h s not used or permitted the use of the subject property as a haz�rdous wast disposal facility as defined in Sect ' on 115A.03 Subd. 10 of Ch pter 121 of the I,aws of Minnesota of 1983 nd Lessor further acknow edges that the subject property has not been subject to or contaminate b,y he release of any hazardous substance, hazardous wast.e , polluta ts or contaminants as defined in Section 115 . 02 . 7) Lessee shal keep the Premises free of all liens and shall indemnify and hold essor harmless from any liens and en umbrances resulting from any w rk performed or material furnishe3 by essee. 8 ) Lesse is elf - insured under the laws of the State of Minnesota f.ar he pu poses of tort clairas against Lessee . 9) Lesse may terminate this Lease upon thirty (30) days' written notice. Any improvements to the leased Premises s all remain or be re�noved by Le see at ttie sole discretion of Lessor , xcept far . , �-���z the light�ing i prov ;nents made by the ]Gessee , of which t e Lessee shall have th righ to remove the lighting improvemen s at the terminatipn of this L ase . 10) Lessee shall have no option to purchase the leased remises . 11) Lesse shal be liable for the costs , including attorneys' fees, involved in any suit against Lessor for any litigation under the terms of this Lease ' n which Lessee is found to be at fault y a court judgement. 12} Less r an Lessee are not aware of any condemnation proceedings . 13) At the conc usion of the Lease , in the event that the Lease is not ren�got ' ated Lessee shall vacate immedi.ately and leave the property. 14) In rhe ev nt oi abandonment � Lessar may re- nter and declare the I� ase v id and relet tne Premises. Lessee shall be respnnsi�l� for al.l r maining Lease payments iE no written t rmination �s given. ''' 15) Lessee shall indemnify, clefend, and hold Lessor har less from any and all cl ims a ising from Lessee' s use of the Premis s or from t�e conduct of ' ts bu iness or from any activity, work or th ' ngs which may be pe�mitte or s ffered by Lessee in or about the Premi es during the term here f. L ssor shall indemnify , defend , and ho d Lessee harmless from any a d all claims arising =rom Lessor 's u e of the Premises or fr m th conduct of its business or from any ctivity , work or thir.gs whic may be permitted or suffered by Les or in or about the Pre is�s rior to the term hereoi (except as therwise provided here ' n, be inczing October 15 , 1986 , or on the date of occupancy.) Le see h r�by assumes a11 risk of damage to p operty or injury ta gerso s in r about the Pren�ises f.rom any cause, nd Lessee hereby waives 11 cl ims in respect thereof agains� Lessor , excepting where said damage a ises out of neqligence of Lessor , it agents , employees or c ntrac ors, or failure on the part of Lessor o perform its covenants o agre ments under this Lease . 15) Waive of S brogation. Lessor hereby releases L ssee and Lessee hereby elea es Lessor and its respective officers , agents , employees and s rvants from any and all clai.ms or demands fo damages, loss, expense or injury to the Premises , or to the fur ishings , fixtures , and quip ent , or inventory or other property f either Lessor ar Less e in, about, or upon the Premises , as the ca e may be , which is cause by t e respective parties and in force at t e time of ' any such l�ss rovid d, howev�r, that suc:i waiver shall be effective only to the ext nt pe mitted by the insurance covering such oss . 17) Lessee shal not pollute or contaminate the Iease area in any way. Les e� s all be r�sponsiblc For any and al cleanup ' . � � �--�--/c(,��— : associated wit such pollutants which are attributable to Lessee's operations'. 18) Lessee shall be responsible for all expenses inclu ing , but not limited to main enance and repairs, utilities, hooku s at its expense, fencin , lig ting, and changes, and any other operating costs directly attri uted to Lessee's operations. Lessee shal also be responsible fo any and all permits required by any governmental agency in conn ction with zoning ordinances or otherwise. Lessor shall remove t e mou d of dirt north of and adjacent to the concrete block wall para lel t Plato Avenue by November 13 , 1986 . 19) Lessee shal be responsible for and shall promptl pay all utilities and ny ot �r expenses directly attributable to Lessee's operations that becom due and payable concerning the Premis s during the term of th ' s Lea e. Real estate taxes and special assessments shall be paid b Less r . 20) A11 no ices hall be sent as follows unless otherwis stated : To Le sor : Mr . Kurt Williamson American Hoist & Derrick Company 345 St. Peter Street, Suite #1800 St. Paul , MN 55102-1637 To Le see: Mr . David Nelson Real Estate Supervisor Department of Finance & Management Services 218 City Hall St. Paul , MN 55102 21) Lessee shall have the right to cancel this Lease wi hout any financial penal y onl in the event that the Lease Agreemerit known as P.D. 14 betwee Port Crosby Associates and the City ,of S int Paul receives a spe ial u e permit by the City of South St. Pa 1's City Council and the said ease is approved by the City of St. Pa 1's City Council . � � � � � v�,-�-�-�u��- IN W�TNES WHER OF, the parties hereto have signed a d sealed this Leasq Agre ment s of the day and year first written ab ve . AMERICAN HOIST & DERRICK COMPANY By Its ` _ CITY OF SAINT PAUL By N/A per Charter 86 Administrati e Code Mayor By Director of Finance & Management By_NLA per Charter 86 Administrativ Code C ' Clerk B y �� ��— ----- — � ief of Police (Hoist) f �' "` _ . ' I : ������ ��� � � � � : � � ��- /�'S� i -, r � � ' � i � � I _d---- � - --- ------ -- --- . � � . _ - ,, � � � _ � � �>`� �. s -� y __ _ _ -- - � . - _ _ � _ - � .� f I Q � �� � � , ',, � �,"°� � t � ' C,j f � oo �� .; '� 1' ' �` , � v '� � i � `� ► 1� � `� � � .�-� � I � � � '- , - - - - . . 2 � g � , . / I _ • '� � �` ;r " /� / ' ! i � , � � � `, � ' . ( / � / , • {�i � � r � / ' { l�r •,� � t j ZL�•� � / . � j ;� � � �+ r i , � � � F • � . , � � � . • �i �. r ,� �►? :� � � � �,�--�-� _ , , ..� � � � �� . `s � � � � ; " -� r„ � �o i ,-1 i a � "� ( - + ; .r � 1 ' � J :� .� _,.� . �,; �. � � ti ' �j � -- • �-.. � -• �':�� �y���;.�' � ;-: '��-" . � ' � �` �, // �' � l• .-Y.tiYa . .y.. 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