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85-581 M�HITE - C�TV CLERK PINK - FINANCE G TY O F SA I NT PA U L Council � _ . 1 CANARV - DEPARTMENT File NO. � BLUE - MAVOR 1 (counres) u • Resolution Return copy to: Valuatio Room 218 Presented By L � 'I- � Referred To � �� Committee: Date `�� Out of Committee By Date RF50LVED, Th the uncil of the City of St. Paul does hereby au rize and direct the p oper C'ty officials to execute on behalf of the Ci of Saint Paul, a s ven ye r extension of a real property lease agree nt, Public Works 5, rom Fe ruary 1, 1985 to January 31, 1992, between the ity of Saint Paul ( partme t of Public Works jurisdiction) and Brooklyn nter Development Com y for land located at 131 E. Second Street (A.K.A. idge Yard) , legally de ribed as: Part of lock 3 , St. Paul Proper, lying belaw Surface Park adj cent the West side of the American Center Buildin , Said lease be us for underground parking purposes. Consider tion for use of the p �perty is $190,080.00 for the total term of the agree ent. Rent receipts to cred ted to Finance Account Code 12101-6801. COUNC[LMEN Requested by Department of: Yeas Nays �lad�exSonnen +^ °re"' In Favor Masanz Nicosia � � scnetbei __ Against BY �eo � Director -iIIFNeee {�Q 2 5 1985 Form Approved City Attorney Adopted by Council: Date C Certified Pas e ouncil Se t By 3 By t#pproved by Mavor• Dat � a'� � R 2 5 �g APP� y Mayor for Submissi By �.�L�_ . Pu t�s�� ,i�'�` � 19$a F ' nce & Mana ement Servic s � DE.PA'RTMENT ��5�/ NO 1�3'7 ' � �'ONTACT 298�53 PHONE March 14 1985 DATE 1 Q/�� ASSIGN NUMBER FOR ROUTING 0 DER C i All Locations for Si nature : Department Director 4 Director of Management Mayor � Finance and Managem t ervice Director � City Clerk 6 Division of Valuations - Lease Mgmt. 2 City Attorney WHAT WILL BE ACHIEVED BY TA ING AC ION ON ATTACHED MATERIALS? (Purpose/ Reriewal of Lease Agreement .W./5 etween the and Brooklyn Rationale) : Center Development Company or und rou� n�•February 1, 1985 to Januar 31, 1992. MAR 181985 ECEIVED ; FFICE OF TH€ DiRECTOR ' EPARTMENT OF FMANCE ' D MANAGEMENT SERVICES CEIVED AR 2 0 1985 CO T/BENEFIT, BUDGETARY AND PERSON EL IMPACTS ANTICIPATED: MAR 1 �� 955 C ATTORNEY G��._.rscsgiXe; $�.9Q,080�, 0_ �.0.� tal.compex�sation, . �� y-� MAYOR'S OFFICE � --�,°�. C��-_ _ � � FINANCING SOURCE AND BUDGET ACTIVI Y NUNBER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Amount of Transact on: quired if under $10,000) Funding Source: ,Activity Number: 12101- 801 ATtACHMENTS List and Numbe All A tachments : l. Council resolution to b consi ered 2. Copy of Lease Agreement 3. Reports by Valuation En ineer nd Budget Director DEPARTMENT REVIEW - CITY ATTORNEY REVIEW x Yes No Council Resol tion R quired? Resolution Required? Yes No Yes x No Insurance Re ired? Insurance Sufficient? Yes No Yes X No Insurance Att ched: In�,urance Certificate will e atta ed when lease agreement is executed. (S E REVE SE SIDE FOR INSTRUCTIONS) Reyrised 12/84 . � .. . .� ,� . .� `� � s-s�r E�� ,,;� �� CITY OF SAINT PAUL I TERDEPARTMENTAL MEMORANDUM To: May Georg Latimer and embers of the City Council From: J. 'lliam novan Val tions gineer � Date: Marc 14, 1 85 Re: Valu tion gineer's Report on Real Property Lease Agr ent . P.W./5 Pursuant to Chap er 51. 1(9) Lease of City Property, I have examined the referenced agreem nt and have found the follawing to be acceptable: 1. Rental co sidera ion is at the appropriate market value for the property ing 1 ased. 2. The insur ce pr tection as specified in said agreement provides the City ith su table protection. 3. The legal descri tion of the property to be leased is true and correct. 4. The renta consi eration to be received by the City has been designat for d rosit into City Finance Account 12101-6801, and will acco ted for by the Public Works Accounting Division. My reco�mendation is for a�roval for P.W./5. JWD:RF:ag (mayor) cc: Peter Hames . � . . . .� � � __�:::;� �'�=SB�I �,.m '' � �.� CITY OF SAINT PAUL NTERDEPARTMENTAL MEMORANDUM 'Ib: May Georg Latimer and M rs of he City Council � Fro�n: Gr Blees �. Cit Budget Director Date: Mar 14, 1 85 Re: Budg t Dir tor's Report on Property Lease Agreement No. .W./S Pursuant to Chap er 51. 1(9) Lease of City Property, I have examined the referenced agreem nt and have found the follawing to be acceptable: l. Rental co sidera ion is at the appropriate market value for the prope ty bei g leased. 2. The renta consi eration to be received by the City has been designat for d posit into City Finance Account 12101-6801, and will acco ted for by the Public Works Accounting Divisio . My recommendation is for approval for P.W./5. GB:RF:ag cc: Peter Hames <r�-';._-:,. :� . , . .. . �,� �--s�i _ A hority ��.F. or �.o.) CIIY OF SAI PAUL a..,o, 4�• � r.r.�SE rro. � —,� � REAL PROPE _ , ; : � P. �!. S FI D . I,FASE N0. •••• L.EASE AG DATE Fehr��arv l . 1^•`�; LESSOR Citv of �,-�int P ul CITY DEPAR'IM� Publ i c �!or'•s LESS� �r��l;lvn �e:nte:r �e;�telo ri�nt �omninv ADDR��',.S � P_(!_E�x �f3iZ�, Saint au1 , !�tt! ;51(,l� WITNESSETFi That the L SSOR, in consideration of the payment of the ent hereinafter spe ified to be paid by the LESSEE, and the covenant and agreements herei contai ed, does hereby lease, demise and let unto LES F,E. PRIIKISFS ADDRE.SS 1 ;l C. Seconcl S rrc�� .�:./1. Ari�ne Y��r�l) L�GA'L DESCItIPrIO (HEREI REE'ERR� `Il� AS Tf� "LEASID PRFMISFS") f'art of �lnc�� , `'t. �u1 !'rnncr , lvinry hcic��.� ��rfc3C!'. !',-�rl: adjacent o the trAst si,,,e n thn �. ,�riean C^.nter R�ii l�!inn. 1 See Exhibit "A" Plan or Map of leased area which is incorporated herein by this reference. TYPE OF PRUPER`I'Y (VACANr IAND/BUILDING) SQUARE F`OOTAGE ��to StOr�3(•n f,�� tv �� TE�'1 (MONZHS/YEARS) OC1NII�.TICING DATE EL�IDING DATE � � f q 9 a- °'�� Y,�� r�c�nth, F�hruarV 1 , 1°S�� Jantiary �1 , .19Qfi' �.� This lease is subject to the following covenants and agreements by I,ESSEE. COVIIVANPS ArID AGREEI�4��fl.5 BY LESSF� (1) Pur se and Use. The premises shall be used and occupied by LFSS� far the following purpose: 33 auto �arkinn stalls an� more s�ecificallv shoum on Exhihit ''A" � and for no other purpose wi out the prior written consent of LESSOR. (2) Rent. Rent shall be paid in advance, on the first day of each and every payment period thereafter as indicated in the Payment Schedule belaw: TOTAL REI�Tr PAYN�Tr � During Lease Term (Monthly/Annually - Canmencing Date - $ per Period) See Seeti�n 22 - P,ent (?el�/I"1PIlL schedul� LESSEE shall make all payments to LESSOR at the following address: Director of Pi.iblic !Jc�rk.s , 6�� City Hall /Innex, 25 1•l. �!th Street , St. �'a��l , �1tJ i51�2 The applicable account number for CITY FINANCE ACCOUI�ING OODE IS: 121n�-G,t�l (3) INSURANCE REQUIREMENT. LESSEE s all maintain during the term of this lease and upon the leased premises tain insurance coverage which is descr ibed as follows: ��_� n�T i r,i_r- (�3) ��rr1 {a) WORKERS' OOMPEL�ISATION INSURANCE with coverage not less than the statutory limits and II�LOYERS LIABILITY INSURANCE with limits of not less than: I!/,^. PER AOCIDII� 2 , � . ..,� .. - . � -s�� . r (b) �iII�iSI GE�IERAL LIABILITY insurance including bl ket co tractual liability coverage and personal lia- bi ity cov rage with a combined single limit of not less th . � ��,� /A C��L�<rky, <� � PER CKX�ITRRF�ICE Suc insur nce shall (1) name the City of Saint Paul, its electe and appointed officers as additional ins reds; 2) be primary with respect to any Lessor's ins rance r self-insurance program and (3) contain a sta dard c oss liability provision (c) PRO F�t'I'Y I SURANC� including fire, extended coverage and all risk i surance covering the demised premises and all pro rty 1 ated herein belonging to LESSOR, in an amount equ 1 to 9 $ of the full replacement and reconstruction cos of th property. The amount as indicated belaw is � the amount of coverage agreed to by the parties at the inc ption f this lease. Such pol,icy shall be on a rep acemen cost basis, with permission to replace at any site. he amount of insurance shall be increased to amou t equal to 90� of the full replacement and rec nstruction cost of the premise on every annual ann'versary date of this lease. Whenever requested by SOR, SEE shall procure an appraisal of the lea ed prem'ses from an ap�praiser approved by LESSOR, and the new appraisal amount shall then become the new bas' for i surable value. The policy will be issued in e name of LESSOR with loss payable to LESSOR and LE5 as t eir respective interests may appear. N/A pER OOC,'tJRRIIJCE With espect to property losses not covered by insurance, it sh 11 be e responsibility of the LESSEE to pay all costs to re ir or replace the damaged property with like kind d wit in a reasonable time. The LESS� shall be respo sible or the insurance policy deductible amount as state in th Property Insurance policy for the leased premi es. (d) The licies required in this section shall name LFSSOR, and y pers ns, firms or corporations designated by LESSOR as an insur , and shall contain a clause that the insurer canno cance or change the insurance without first giving the SOR 3 days' prior written notice. The i suran shall be placed with insurance oompa�ies appro ed by SOR and copies of the policies shall be deliv red to OR on the date of L�SSOR'S execution of th's agree nt. The policies shall also indicate that veraye shall not be invalid due to any act or 3 amission on the part of the LESSOR. If such policies are not received promptly, the LESSOR shall at its option terminate the lease or place the insurance itself and bill the LFSS� for the cost of coverage as additional rent. It is specifically understood and agreed that al1 of the proceeds oF such insurance policies shall belong to and be payable to the LESSOR, and LESSEE as their interests may appear. If for any reason any of the insurance hereunder is void, the LESSEE is responsible to the LF.SSOR for any uninsured loss. (4) Rent and Other Payments and Right of Entr . LESSEE shall pay LESSOR said rent as hereinabove provided, and in addition thereto, shall pay when due as additional rent, ��X;W(��ri,X��'�iX�3'yXXr��X�r'fBx��Fi��X��PS��r�c�j� �n�2��'XC�Y�cr,YB�G��6�fX��`h'�Cy all taxes general or special, all public rates, dues, charges of whatever nature and special assessments of every kind which shall pecome due and payable upon said real estate or improvements thereon during the term of the lease. (Nothing herein shall prohibit LESSEE from reasonably contesting the levy of any such tax). At all times during the term of this lease, the LESSOR shall have the right, by itself, its agents and employees, to enter into and upon the leased premises during reasonable business hours for the purpose of examining and inspecting the same. (5) Cancellation or Termination. This lease shall be subject to cancellation and termination by LESSOR at any tim� during the term hereof by giving the LESSEE notice in writing at least ninety (90) days, (thirty (30) days for leases with a term of one (1) year or less) in advance of the date when such termination sha11 become effective. In the event of such termination any unearned rental paid by the LESSEE shall be returned to LFSSEE without interest. (6) Notice. All notices herein provided to be given, or which may be given by either party to the other, shall be deemed to have been �ully given when served personally on LESSOR or LESSEE, or when made in writing and deposited in the United States Mail, certified and postage prepaid, 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 shall be mailed may be changed by written notice given by either party to the other. Nothing herein shall preclude the giving of such address change notice by personal service. (7) Assignment and Subletting. LFSSEE shall not assign or sublet this lease without the written consent of the LES.SOR. 4 � � � � .. � � : � � � � C� .�_.�� }�Ix XX�K �QffiX�iX�IX3�}��1�X}��Xg$�ZZ� &� ��t��x�a� a.�x��xixx�x��cx��x��xxx�� x�x ;L��ix�t�x�SKxs�[ ��fX��X�{s�CXt��iX.rX�X�H�&f�KX�B�f�`�KX�XJft�R$ �� XX � � X X�rX�X�i�jK�I �d 3m�1�[K�X�X�t�f3C�?CQC X�b51b18XX5�7�CX7�IQ�SIXX'X�I�XK��5�X7�?�iC�X�I�itSSX��X �X SEE AR ICLE (2 ) (25) (9) Pa me ts in se of Default. LESSEE shall pay LESSOR all co ts and expenses, inc uding easonable attorney's fees in any action brough by LESSOR to recover any re t due and unpaid hereunder, or for the breach r default of any of the cov nants or agreements contained in this lease, o to recover possessi n of s id property, whether such action progresse to judgment or not. (10) Surre der of Premise. The LESSEE, at the expiration of s id term, or any soon r term'nation of this lease, shall quit peacefully nd surrender possessi n of s id property and its appurtenances to LESSOR i as good order and co dition as the property was delivered to the LESS�. (11) Indemn t . T e LESSE� indemnifies, defends, saves and ho ds harmless the City f Sain Paul and any agents or employees thereof from 11 claims, demands, actio s or causes of action of whatsoever nature or character, arising out of or by reason of the lease of the herein descr'bed premises by the ssor t the Lessee or the condition of the premises or as a result of the perati ns or business activities taking place on he premises. It bein fully understood and agreed that LESSEE is aware of e conditions of the eased remises and leases the same "as is". �YX��cm� �xx� ��x3i,�� . x�x�xx��c 'xuX �x�x��t��X�'.��X�?��?t�x X�� , ��x�cx�� x ��xx�x� ��cxr��{�1b�c�c x ��x�k�€��tx�� x xararar�3��x��c�c �p�T��X SE ARTIC E (22) (13) Polluti n and Contaminants. LESSEE agrees to comply with 11 ordinances, laws, ules a � regulations enacted by any governmental bod or agency relating t the c ntrol, abatement or emission of air and wa er contaminants and/o the d sposal of refuse, solid wastes or liquid wast s. LESSEE shall bear 11 co t and expense arising from compliance with s id ordinances, laws, ules, o regulations and shall indemnify, defend, save and hold harmless LES OR fro all liability, including without limitati n, fines, forfeitures, and pe alties arising in connection with the failure by LESSEE to camply with such ordinances, laws, rules or regulations. (14) Controlli Leas . In the event there is any prior existing le se or rental agreemen betwe LESSEE and LESSOR (or its predecessor in inte est) covering the subje t prope ty, it is agreed and understood that this le e shall cancel and t rmina e said prior lease or rental agreement as of t e effective date of t is lea e. (15) Destru tion. In the event of damage to or destruction of t e Leased Premises or any pa t thereof during the term of this lease, LESS 5 shall promptly restore the Leased Premises to substantially the condition existing immediately prior to such damage or destruction, and for that purpose, if such damage or destruction was caused by perils insured against the City of Saint Paul shall make available to LESSF� pro rata, as work progresses, the net proceeds of such insurance. If such proceeds are insufficient to pay the entire cost thereof, LESSEE agrees to pay the remainder of such cost. There shall be no abatements of the rents bec.�oming due and payable hereunder during the period of restoration. (16) Bankruptcy or Insolvency. Any of the following events occurring during the term of this lease shall constitute a default by the LESS�: (a) a petition to have LESSEE adjudicated bankrupt or a petition for reorganization or arrangement under any laws of the United 5tates relating to bankruptcy be filed by LESSEE: (b) a petition to have LESSEE adjudicated bankrupt be filed against LESSEE and not be dismissed within ninety (90) days from the date of such filing: (c) the assets of LESSEE or of the business conducted by LESSEE on the Leased Premises be assumed by any trustee or other person pursuant to any judicial proceedings; or (d) LESSEE makes an assignment for the benefit of creditors. It is an express covenant and agreement of LESSOR and LESSEE that LESSOR may, at its election, terminate this Lease in the event of the occurrence of any of the events in this Article described, by giving not less than ten (10) days' written notice to LESSEE; and when so terminated, LF.SSOR may reenter the Leased Premises. The Lease shall not be treated as an asset of LESSEE'S estate. It is further expressly understood and agreed that LESSOR shall be entitled upon such reentry, notwithstanding any other provision of this Lease, to exercise such rights and remedies as are provided in Defaults/Remedies Section of this Lease. (17) Compliance with Iaws. The progerty described herein may be used for only the purposes stated herein; however, it is the sole ar�d exclusive responsibility of the LESSEE in the use of the property to oomply with any and all laws, rules, regulations or ordinances imposed by any jurisdiction affecting the use to which the property is proposed to be put. Inability or failure on the part of the LESSEE to comply with any of said laws, rules, regulations or ordinances will not relieve the LFSSEE of the obligation to pay the rental provided herein. (18) Non-Discrimination. The LESSEE for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a o�venant 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 the benefits of, or be .otherwise 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 6 , .. _�. . . . �..5 - �8� first-tier subco tracto s, and by first-tier subcontractors in the sel tion and retention oE second tier subcontractors, (3) that such discrimin tion shall not be pr cticed against the public in their access in and use f the facilities and ervice provided £or public accommodations (suc as . eating, sleepin , res , recreation, and vehicle servicing) oonstruct or operated on, ove , or u der the peace of the right-of-way, and (4) tha the LES5EE shall us the p emises in compliance with all other require ents imposecl pursuant to Tit e VI of the Civil Rights Act of 1964, and Title 49, Code of Federal Regula ions, Part 21, Administrative Gode 183.04 and s said regulations may be amended. That in the even of br ach of any of tt�e above nondiscrimination coven nts, the City shall tave th right to terminate the lease and to re-ente and repossess said and an the Facilities thereon, and build the same s if said Lease had n ver be n made or issued. (19) Liens. The SEG sha7_t not permit mechanic's liens or other liens to be file or est blished or to remain against the leased premis s for labor, material or se vices furnished in connection with any addi ions, modiFications, i provem i1ts, repairs, renewals or replacements made t the leased premises, or for ny other reason, provided that if the LESSEE s all first notify th LESSO of its intention to do so and shall deposit in escrow with the L�SSO a sum of money or a bond or irrevocable lett r of credit acceptabl to the LESSOR equal to the amount of the claim of lie , it may in good fait conte t any such claims or mechanic's or other liens filed or established a d in s ch event may permit the items contested to r main undischarged and unsati fied during the period of such oontest. If, i the opinion of the � SOR, t e nonpayment of any such items subjects the le sed premises to any oss or forfeiture, the LESSOR may require the LESSEE o use the escrow accou t to pr ptly pay all such unpaid items. (20) Eminen Domain In the event the entire Leased Premises are t ken by eminent doma n, or uch portion thereof is so taken that in LES EE'S reasonable judg ment it is uneconomic thereafter to restore the Le sed Premises and pr eed u er the terms and provisions of this Lease, LE SEE may terminate t is Le se by giving to LESSOR thirty (30) days' wri ten notice of termin tion, e fective as of the date on which the candemn'ng authority acqui es le al title or physical possession of the Le sed Premises. The t tal aw c} made in such eminent domain proceedings sha be paid to LFSSOK wh shall disburse the proceeds thereof as follaws: (a) First to LESSOR an amount equal to the sum of the follaaing: (i) All osts i curred by LESSOR in connection with the eminent clom in pr ceedings, including but no� being limite to atto ney's ees and expert witness fees; and (ii) An unt qual to that portion of the award attributable � ,. . �. .. ` _ to the land and improvement taken as distinguished fram the LESSEE'S improvements. (b) Second, to LFSSEE, all sums remaining after making the payments provided for in (a) above. (21) Amended. Anything herein contained to the contxary notwithstanding, this lease may be terminated, and the provisions of this lease may be, in writing, amended by mutual consent of the parties herein. DEFAULT RII"fEDIES Failure by LESSEE to observe or perform any of the oovenants and agreements provided herein shall constitute a default. In such event LESSOR may exercise any one or more of the follawing remedies: (1) reenter and take possession of the Premises without termination of this lease, and use its best efforts to lease the Premises to, or enter into an agreement with, another person for the account of LES.SOR; (2) terminate this lease, exclude LESSEE from possession of the Premises, ar�d use its best efforts to lease the Premises to, or enter into an agreement with, another in accordance with applicable law; (3) exclude LESSEE from possession of the Premises, with or without terminating this lease and operate the Premises itself; (4) terminate the Lease, exclude LESSEE from possession of the Premises, sell all or any part of the Premises at the best price obtainable (provided such sale is permitted by applicable law), such sale to be on such terms and conditions as the LESSOR, in its sole discretion, shall determine and apply the proceeds of such sale less any expenses thereof for the account of the LFSSEE; (5) exercise any remedies available to it under the Minnesota Uniform Canmercial Code; (6) take whatever action at law or in equity may appear necessary or appropriate to oollect the rent and additional rent then due and thereafter to beco�e due, or to enforce performance and observance of any obligation, agreement or covenant of the LFSSEE 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 effect, hold the LESSEE liable for the difference between the payments and other costs for which the T•FS.SF� is responsible under this Lease. (8) no remedy herein conferred upon or reserved to LESSOR 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 every other remedy given under this lease or now or thereafter existing at law or 8 • , : . �'S--5'�/ in �uity by s atute. No delay or omission to exercise any right o power accruing upon y defa lt shall impair any such right or power or sha 1 be construed to ' e a w iver thereof, but any such right and power ay be exercised fro time o time and as often as may be deemed expedie t. In order to entit e the SSOR to exercise any remedy reserved to it n this Provision, it hall ot be necessary to give any notice, other th n such notice as may herei expressly required. 9 THE FOLLOWING SPACE BELOW IS PROVIDED FOR ANY ADDITIONAL PROVISIONS OR RDQZJIRII�N'I5. (22) Rental Pavment Sche��ule. Rent shall be ��i� in advanr.e, �n the f i rst day of �cac_h and �v�r�i ravment ner io�1 thereafter �s i n�i cate�l i n the P,�vcient Schedul� he1��,1: pF!?�(1D C��JFRE� R/1TE P�R P/1Y►�1FtaT �c►��n��LE _ _ . . ___-- -- --- - FR(?!1 T� f'.�?,I<.I r!r �T/1LI_ PER rin, -- - .- -�- -Ar,l��lq�_ ,.. 7..-1-'�X� �'` i-31-"�, Ff,�.nn t� ,at;�1,n� 523,7hn,nn 2-1-;E� 1-31-;3�t (,5,�� 7, 1�45.�� ?i,7��.�� ?-1-��i 1-31-9� ;� 7n.nn 7.,31�.�� ?7,7?�.n� 2-1-9� 1-31-?,l�<'_i�J 75.n� ?.,L75.�� 2�,7��•�^ (?3) I nsurancc� Reai.i i rement. LESSFf: sh�l 1 ma i nta i n �I�ir i nry the t�rn �f tl�e lease an•l �innn the leaserl �r�r�ises �ARl1GE LIl1►�II.IT`� IFl��?,�P10E �,iith• �� RRO�n FORt1 FPd�QRSE"1CPlT Hrith a r_omhine�l s n�le limit �f n�t l�ss than: $1 ,0��,0�0 ner occurrence. ,�'� � Such insurance shall name the City � Saint Paul , its electr..d �ncl appo i nted off i cers as arici i t i�n�i l i nsurr.ds :�nd shal l he suh ject t� terms con�tained in Article (�) (d) �f this lease. (2�►) Security of Premises. LESSFF shall be res��nsihle f�r maintainin� the seci.�ri ty of Che L�r i dc�e Ya rd h��i 1�1 i nn i n � manner accA�tahl e t� the f,i tV's �i rect�r af the f)enartment of Piihl ic �.!orl;s. The f?ricl�e `!ar�i biii ldinn shal l he closecl anci locl:ed at �-�11 time, except when hrinry use�i hy City personnel �r at the time of entrv nr exit for parkinn of cars covere�i herein. /lmerican Center shal 1 be i ss�iec) a key fc�r operat i on of the ma i n ��raqe door to the Rr i�i�e Yarcl Uuildin�. l_ESS['F nav have du�lic�te I:eys made at their expense and issue one �f these I<eys t�� each of the drivers �f the thirty-three (3�) cars t� be �arl<c�i in sii<I �iricine Yard. Each driver shall close an�l loc.l< sai�� r:�ne cio�r upon entry or er.it to T.he t�ric��7e `(:�rd. I!nsunervise�f entrv anc� exit t� the �ri�lne Yt�r�i for {��rl:in�) 'iereimder shall hc limite�l tn the hours of 6:?� A.►1, an�i h: �� °.M. on rc��lar t-��rl;inn C�3�/5. �,t ��11 nrher *ir�es, entry anc� exit must h� r.,a�1e undcr the ��resence of Ar�erican �ent^.r's sec�_irit� ners�nnel . (?5) Ren:.iirs , llltrr�ti�ns �nd !laintc�nance. The L�'�S�R shall E:ee� thc� �ri��e Y<�rri hiiilciin� anci fixt�ir�s ther�in in ��o�! ren��ir an� shall he Maintaineci in thA samr condition as �xist^�' at th� time that this le�se �,�is �nt�re�i int�, excr_ptinn th�reform n�rm��l t•��ar ��n� tc��r. The Lf.�S!1� shnll m�int�in the l�ase� �reas in a nc�t ��nc1 c 1 c.�n con��i t i�n r�tlt'I nn Th� t^rn of th i s 1 Aase. -� ------------------ ----_ ._ ---- ._ ..__--__�. ....__. _-- ----------- ` `��' -.-----__ _�___�.. � ___�-_. �`� - -_�..t__ _�— __---- o-r'___J�r__------ 1� � . :, � : . �,�- ��1 IN WI`INESS WHERDO , the parties hereto have set their hands and eals the day and year in thi lease first above written. LESSOR - CITY OF SAINT PAUL MAYOR CITY CLERK DIFZE�X.�R OF FINANCE AI�ID MANAGII�TI' ERVICES . DEPAR'I�Tr DIRDr R C RNE'Y ( RM P VAL) _______________ ______ _______________________________________________ _____ LESSF� t�a�ta.��v/ �. C��,.. �'�-�''-�i �Q� ITS � ITS ITS (LEA.SE) „ LFSSOR NOTARY STATE OF MII�OTA } ) ss. CO(JI1i'Y OF Rl�'JSEY ) . The foregoing instrument was acknowledged before me this day of , 19 , by George Latimer, Mayor of the City of Saint Paul, a municipal corporation of the State of Minnesota, on . behalf of said City of Saint Paul. � , , � �� '�. ., � Notary�.Public " • � The foregoing instrument was acknowledged before me this day of , 19 , by Albert Olson, City Clerk of the City of Saint Paul, a municipal corporation of the State of Minnesota, on behalf of said City of Saint Paul. Notary Public The foregoing instrument was acknowledged before me 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 behalf of said City of Saint Paul. ► Notary Public 12 ' . � . - �.SS�1� �ss� r�ar� �T�;;.. LINOA G. LEMONS STATE OF MI A ) p,�•� � � S E�.,(�.��NOTARYFVBLIC-MINN_SOtA � �•` C�TI�TY OF RAMS � �'tlY1'� RAMEEY COUNTY MY COMM16510N F_%P1R.!:5 JAN. S, 1991 V�YW w�VY�4 The foreg ing in trument was acknowledged before me this �[,� t� day of ► 19�_, bY G.r .S �. -- its �e ('oo� l.� Notary Public 13 --- ----- — -;, _ ... _ _ --- ----= ----_ _ --�--, , ��— .._ �1 Y � � ._--- -`� � '{ �:.� i __._ ,_ � il� � � I z ______.�—._ � i �.�- I � I I � (, � i , ? �'� i I I I I I I I q I � 4� 31 I 32. I 33 . w'.4.: . . ,, � e.I I I I I 1 G� 1 I� �� {••�' I J� ! I I I LOMMVNITy . � �3 i 1`� j ► � � Z� �I � � j �i j i i - — .�R,.��s �, � � � I (1�� _ _� _._.� p — � — — i , ,� q � _� l-'�— � � I � STORA6E, . _, � _� -� -�`- � � i � _ . -_ � — � I 1 I i I I I DnoA��'b,� . I I I I I I `7 I �O I k M-� I L-� � ��„ CENTERB�W. , . ; � 16 I � I i � ' � 12 �� 13 I � I 15 I I � � I` � � T N � I � � � � � i � � � � j �__i___�--- " — 1. i I � _i i � _�d- �-- - l - -� _L ' _ I� .-- - — ; �: i � � . ' i ; �� i � ' ', I; � I � AISLE ' ! V t� ��I � , I� .:' � --�; � `' � - - r- -� _" Tz6__�! �-��, -�� ' �' ` .e� � --�I — i `�6.^ � II ' ` It I i � . I� � . . � I � II � � �� ' { � I � I I' q .I � � `� ___ � ^ L.� � �; v - a 1 N,I � � I 4 I I I I I � I ; I '� o i i � _ 1 � _ � � , ; . ' _ + � _ _ , _ J �...-r--�--� . .. - � � f � ��— � � � '� . � I SURVEYORS i i � •� I � ' Z ABOVE qFF�GE � ' C•onr 1 ' I � I -I�DRAGE � � . ` �RiDGES . '.DtNG I ' � � r� I � �. VI ` I I I � j J .R � BELOW-° i � !,', 4 I . CoNSl'auG.k'�oN a i I i.', i —— — "'y ' I/ _.T � ( � » � Ooo.wer 8 9. � -- SECCNp S. _ �4 I j. .�. �.� y �� 1}yOGAT10�+5 PLAN V/_FW . ��t r � —� I}C�.EASED !'� �__ _J tARKING STAL.'' � i .. .S:^.O/o' !g r.'�_(��. ,� I �, i i � r ; I 3 I S E C U i� ST ' �---_-- —- , ; � � i i �r;v S1. BF:it•� Y:.l;D �� ' � b ' 1 � � PARKIiJG �.;�P; e� + "EXHie�' c."� � �i � ' � 1-26-1984 , _ �r. ' �� ' i • ' " GITY OF SAINT PAUL �0 ^ 5�/' - } � ' , , -F i OI�`I�`ICI� OP' THl� CITY COIINCIL � s 4 " I �``�tl �:' Date ; April 17, 1985 � k _ Na� � � � j� OMMfTTEE RE PORT - ;� , � ;+ . _ � To t sa, r Pau i c�ty counc�i , , FRO � Co mittee oh PUBLIC WORKS r '� ,; CHAIR , CHRIS NICOSIA �. The Public Works C mmittee at its meeting of April 17, 1985 took the � following a tion: ' . �, i Hearinq D te l. 4/23/85 FINAL ORDER: Improving the following street under the RSPP regrading, surfacing, constructing concrete curb ' • ' ' j and tter, constructing ornamental lighting system and _ ; drive where necessary: ARUNDEL STREET from Sherburne , s .. i Avenu to Charles Avenue (City Council requested the ' above to be included with the Arundel-Charles-Edmund � � j proje approved 2/5/85). , I � • ' Reco nded approval. i � 2. 4/30/85 VACATI N: Petition of Ramsey Properties Partnership for the cation of the alley in Block 3, Kittsons Add. (boun d by Broadway, Spruce, Pine and Balsam) for the ; purpos of commercial development. � I , , ' Recom nded approval . ` : � � � i � ` I 3. 4/25/85 VACATI N: Petition of C. Hanson, et al, for the vacation � ;:;' � of th alley in Block l, Denslows Addition. Also for buildi g and fence encroachments in Front and Kent ,' � , Street (bounded by Front, Kent, Stinson and Mackubin � Street ) for the purpose of parking. � � � Reco nded approva l. ! 4. �i 4/30/85 VACATI N: Petition of Robert and Lillian Elm for the vacati n of a sewer easement in Lot 8, St. Josephs Hill � locate west of McKnight Road at Marillac Lane for the i purpos of residential development., � { Recomm nded approval . . " ' . 5. 5/2/85 VACATI N: Petition of Michael Roach for the vacation of , the al ey in Block 2, Majors Addition (bounded by W. 7th i St., omer, Benson and Leland Streets) for the purpose ' , of con tructing an 80 unit apartment building. � Recomm nded approval. � . 6. RESOLU ION: authorizing city to execute a 7-year • �, extension of property lease agreement between the City and Br oklyn Center Development Co. for land located at - • 131 E. Second Street (Bridge Yard). (4-2-85) ' Recomm nded approval. ' 7. RESOLU ION: amending C.F. 260524, 262908, and 84-163 ' �; . � relati g to refunding of SAC credits. (4-2-85) . ; • � Recomm nded approval . ___ _ _ ----- ---___---_— _ , . . � 8. RESOLU ION: relating to vacation of Brown Avenue. (4-2-85) , � � i � � . � i � � Recomm nded approval. '� r` � �; 9. RESOLU ION: approving sale of certain taxforfeited land. '�:' (1-3-5 ) + '' �' Withdr w resolution - already acted upon. ; 'i ' . , ,� . � �� • �� , ... i F It . ,1 . ") i (. .ri + � . ' � , ' .. �i ;,., I� , , t , � �j � � ' � '� ,��: � � , t �j� i� �� ' � �;ts t'� d�F�+ .c��n,,�+ > . . t } � . . . . . . i . ' '. ' . :�..