85-1187 M�1KTE ~CITV CIERK
PINK - FINANCE COUQCll p
• C4tNAf3V ` DEPARTMEN7 ITY OF SAINT PAUL File NO. a�� ����
BI.UE - MAVOR
Valuationsy(DN) — Room 218 Duncil �Resolution
Presented By �
Referred To. mmittee: Date
Out of Committee By Date
stun of $80,000.00, subj t t�o the oonditions of said sale oontained in
the above referenced M morandum of Sale of Real Estate. Said sum to be
charged fram C.I.B. f number 93083-023, Indian Nbunds Park Acquisition, to
be reimbursed by the Me r�politan Council's Park & Open Space Program.
8E IT FU1�I��R RESOL , that the proper City officials are hereby
authorized ar�d directed execute a lease agreeement for the period of time
between the closing dat and the possession date.
COUNCILMEN Requested by Department of:
Yeas Nays
Drew -
Masanz In Favor Finance & Management Services
Nicosia
Scheibel
9e+++,e� d Against BY
T��� Director �
W4lsatr p_y�_�j
Adopted by Council: Date C7 � ��p5 rm Approved by City Attorney
Certified P s d b uncil a BY G`"�Y� ���/aS
gy,
Ap by 1Vlavor: Date SEP — �} ��5 Approve y y for Sub ' sion to Council
By
PUBLISHED S P - 7 1985
WHITE -LITV CLERK
PIRK �FINANCE COIlI1C11 /
GANARV - DEPARTMENT ' . ITY OF SAINT PAUL File NO. ��^ ` /� �
BLUE - MAVOR
Return copy to: ouncil R Q� � • n
Valuations (DN) - Room 218
Presented By
Referred To C m ittee: Date
Out of Committee By Date
Wf�[tEAS, the City o Saint Paul, ac�ing through its Valuati� �gineer,
has secured an agreeme t for the purchase for the following described
property:
Those parts of t 10 and the Northwesterly 30 feet of
Lot 9, Block 15 "Suburban Hills", lying Northerly
of a line exte ing fro�n a point on the Northwesterly
line of Lot 7, id Block 15, distant 165 feet South-
westerly froan most Northerly oorner of said Lot 7
to a poin� � Northvaesterly line of Lot 20, said
Block 15, dist t 145 fee� Southerly fracn t.�e m�st
Northerly corne of said Ipt 20
WHEREAS, this prop rty is necessary for the expansion of the Indian
Mounds Regional Park anc� was approved for acquisiti� by the Saint Paul City
Council on August 6, 198 in Oouncil File number 85-1020. T'he price at which
the property may be pur hased is $80,000.00, which is a fair and reasonable
price for the subject property according to the independen� appraisal
obtained by the Valuati Engineer; and
WHEREAS, the Valua ion Engineer has recommended the purchase of said
property at the price s ted above and under the tern�s and conditions as set
forth in the Mem�randiun f Sale of l�al Estate which is attached hereto and
iricorporated by this re rem:e.
N�7W 'Ii�REE'ORE SE IT LVID, that the proper City officials are hereby
authorized and directed to pay Jeffrey R. and Karen M. Klinkerfues, record
awners of the subject p perty and any outstanding enc�unbrance holders the
COUNCILMEN Requested by Department of:
Yeas p�� Nays
Masanz In Favor
Nicosia
Scheibel
Sonnen Against BY
Tedes�o "rector �L
Wilson �-L'�''
orm Approved by City Attorney
Adopted by Council: Date C C'"_� a�,�r
Certified Passed by Council Secretary BY �—
g�.
Approved by Mavor: Date Approved by Mayor for Submission to Council
By BY
Finance & Mana ement Services
g DEPARTMENT �� �`� �1�� Np 3O
Dave Nelson CONTACT
298-5317 PHONE
Au ust 22 1985 DA7E �Q,/�� �� --
ASSIGN NUMBER, FOR ROUTING ORDER li All Locations for Si nature :
Department Director �c Director of Management/Mayor
� finance and Mana m t Servic s Director 5 City Clerk
� $Ud tOr' �� 6 Valuations
� City Attorney _ _
WHAT WILL BE ACHIEVED BY TAKING A TION ON THE ATTACHED MATERIALS? (Purpose/
Rationale) :
The acquistion of 51 Mounds Bou evard for the expansion of Indian Mounds Regional Park will be
completed. ' �
Also a lease agreement will be xecuted for the period of time between the closing date and
the possession date.
COST/BENEFIT BUDGETARY AND PERSO NEL IMPACTS ANTICIPATED:
The purchase price of $80,000 ill be reimbursed to the Citcy from the Metropolitan Council's
Park and Open Space program.
FINANCING SOURCE AND BUDGET ACTIV TY NUMBER CHARGED OR CREDITED: (Mayor's signa-
ture not re-
Total Amount of Transaction: $80,00o quired if under
$10,000)
Funding Source: ciB
Activity Number: 93083-023
ATTACHMENTS List and Number All ttachments : R�r��V�D
1. Council Resolution to be onsidered. _ Ae���S
2. Copy of Final Order appro ing the acquisition. -"�'
q-•:
3. Lease agreement for occup ncy after closing. � �A��f�►�+� �CTQR
4. Valuation Engineer's Repo t U u e1 �VANCE
5. Budget Directors report ����'��T�Sv�ISEB�@�S
DEPARTMENT OF FMANCE
AND MANAGEMENT SERV�CES
DEPARTMENT REVIEW CITY ATTORNEY REVIEW
x Yes No Council Resolution equired? Resolution Required? Yes No
x Yes No Insurance Required. Insurance Sufficient? Yes No
Yes x No Insurance Attached:
(SEE RE ERSE SIDE FOR INSTRUCTIONS)
Revised 12/84
HOW TO USE THE GREEN SHEET _
The GREEN SHEET has several PURPOSES:
1, to assist in routing documents and in securing required signatures
2. to brief the reviewers of documents on the impacts of approval
3. to help ensure that necessary supporting materials are prepared, and, if
required, attached.
Providing complete information under the listed headings enables reviewers to make
decisions on the documents 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) . The personnel impact
is a description of change or shift of Full-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 signed by the
outside agency 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. Initiatinq Department 5. Finance Director
3. City Attorney 6. Finance Accounting
ADMINISTRATIVE ORDER (Budget Revision) ADMINISTRATIVE ORDERS (all others)
1. Activity Manager 1. Initiating 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 RESOLUTION (Amend. Bdgts./Accept. Grants) COUNCIL RESOLUTIDN (all others)
1. Department Director 1. Initiating Department
2. Budget Director 2. City 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. City Clerk
7. City Council
8. Chief Accountant, F&MS
SUPPORTING MATERIALS. In the ATTACHMENTS section, identify all attachments. If the
Green Sheet is well done, no letter of transmittal need be included (unless signing
such a letter is one of the requested actions) .
Note: If an agreement requires evidence of insurance/co-insurance, a Certificate of
�nsurance should be one of the attachments at time of routing.
Note: Actions which require City Council Resolutions include:
1. Contractual relationship with another governmental unit.
2. Collective bargaining 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 indemnification.
7. Agreements with State or Federal Government under which they are providing
funding.
8. Budget amendments.
�,�' `�i�� �'
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'ti ' ' t
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CITY OF SAINT PAUL
INTERDEPARTMENTAL MEMORANDUM
T0: Mayor George La i.mer and
Members of the ity Council
P�QM: J. William Dono an
Valuation �gin r
DATE: Augus� 22, 1985
RE: Valua�ion F�gi eer's Report on the Acquisition of
51 Mounds Boule ard
I have examined the referenced acquisition and found the following to be
true:
1. The property is located adjacent to �he Indian Mounds Regional
Park, and is egally described as follaws:
�ose �s of Ipt 10 and the Northwesterly 30 feet
of Lot 9, Block 15, "Suburban Hills", lying Northerly
of a li extending fram a point on the Northwesterly
lirie of � 7, said Block 15, dis�ant 165 feet South-
w�es�erl from the most Northerly corner of said Lot 7
to a poi t on the Nor�hwesterly line of Lot 20, said
Block 1 , distant 145 fee� Southerly fram �he most
Nor�her corner of said Lot 20
2. The legal de ription of �he proper�y to be acquired is correct.
3. The purchase price of $80,000.00 is a fair and reasonable price
for the pro rty to be acquired.
��__ ,i�'�'
�,�'g���,
�:�. „
2 „�^�,;'.;,;.�°,�
CITY OF SAINT PAUL
INTERDEPARTMENTAL MEMORANDUM
T0: Mayor George La imer and
Members of the ity Council
F'ROM: Gregory Blees ��
Ci�y Budge� Dir tor
DATE: August 22, 1985
Re: Budget Director s Report on �he Acquisi�ion of 51 Mounds Boulevard
I have examined �he re erenced acquisi�ion and found the following to be
true:
l. The acquisit on referenced above will be paid for out of the
Ci�y's C.I.B. fund 93083-023 in the amount of $80,000.00.
This expendi� re will be reimbursed through the Metropolitan
Council's Par and Open Space Program at a later date.
2. The acquired proper�y will enlarge and improve Indian Mounds
Regional Park
3. The fee titl holders will carry homeowners insurance on the
proper�y un�i the City �akes possession.
�,
/ ��"- //�7
.!
•`'�' ''• � CITY OF SAINT PAUL
. ,. �
� � •� DEPARTMENT OF FINANCE AND MAN/1GEMENT SERVICES
.
a• � "� � V/1LU/1TION DIVISION
��'"'��;:..'� ' . 218 City Hall
GEORGE LATIMER Saint Paul,Minnesots SS702
M/►YOR 612•79d-S317
. RAI�ID[JM ON SAI� OF RFAL F�TATE
1. Purpose of sale of Real Estate to City:
For the expansion f Ind.ian Mounds Regional Park. �
2. Location of Real tate: 51 Mounds Blvd.
3. Legal Description: .
Those parts of IAt 10 and �he Northwesterly 30 feet of Lot 9, Block 15,
"Suburban Hills", ying Northerly of a line extending from a point on
� the Northwesterly ine of Lot 7, said Block 15, distant 165 feet South-
westerly from the st Northerly corner of said Lot 7 to a point on ��_
the Northwesterly ine of Lot 20, said Block 15, dis�ant 145 feet
Southerly fram the most Northerly corner of said Lot 20
4. Name and address o Seller:
' Jeffrey R. K].inker ues and Karen M. Klinkerfues
51 Mounds Houlevar .
St'. Paul, NII�1 5510 ,
,
5. Recomm�nded Purcha e Price: $80,000.00
Purchase price sha be distributed according t,o the taxes and
encumbrances � th premises.
6. Items to be retain by seller:
Stove, refrigerato and tw�o window air oonditioners.
7. Real Estate Taxes: Seller shall pay all of the property taxes due and
payable during cal ndar year 1985 as well as any delinquent taxes not '
yet paid. :�n,r TAf�S v+� �a eL:,-�^�:.: 'A�►r� �,��,•
8. Seller to pay all ssessments levied against said property as of the
date of closing.
9. Type of Conveyance required: Gonveyance of marketable fee title to the
City by Warranty ed to be prepared by the City.
Page 1 of 3 pages
i
�=�� //��
10. Seller to furnish er's Duplicate Certificate of Title for said
property, City wil obtain Registered Property Certificate.
��e
11. Seller agrees to d liver possession of the subject prop2rty not later L�,��3�
, �han September 27, 1985. �Cf t...:.s�-+s.. �� c.w a�;.:��•:a �Pr,:. r��.,. 'zu��'4'�s p.�,,,a; �
- 12. Closing date shall be August 30, 1985 at which time the title to the �T'��'�"'�
premises sha�l b conveyed to the City,' the closing date may be
postponed and resc eduled by mutual agreement of the parties hereto.
13. Seller shall be re ponsible for the termination of all utilities and
payment of all uti ity oosts and expenses incurred as of the date of
Seller's vacation f the subj'ect property. These utilities include but
are not limited to water, sewer, gas, electric, telephone, and other
heating ar�d pawer ents.
14. On the day of clos'ng, �he seller shall enter into a lease agreement
with the City for he period of time fran the day of closing to
September 27, 1985 which is the proposed possession date by the City a�
a rental rate of $ .00. Seller shall comply with the terms ar� ,
conditions c�ntain in the standard lease form for the City of Saint
Paul, Division of sessments and Valuations, Depart�nt of Finance.
15. Ia� the event this roperty is destroyed or substantially damaged ka�-
+
. - � d'',�'✓/�7
Building Departmen an opportunity to inspect the premises in
the morning hours o determine if the building can be moved.
NOTE: Conditions lis ed above are not binding until approved by City
Council. �
. City: ,
Seller: ��
Sign
Signed: `� � . / '� �,. � Valuation Engineer
,-�=^� Z�L� C.GY�C.� �J%�
�
Date:
Ddt@: �,� .. '� � � � '`
YOUR SIC�IAZTJRE DOES IVOT � Zt� SE NOTARIZID
r..,.;.,-°.,�"'i��'..'";'l �/Z"G/��
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�!i.;U�]tiJ�ls •n� �S:,c�.,sn:Eu��� i�)i�.'i�;�:�
. . ���. �I��.G !?: eii�iLi1�C1Y�.�!�l���`r�.'.�c�f{5+�7�i
Page 3 of 3 pages
. �
. �:s--i�8�j
-. .,-.. .
City of St.,Paul - � COUNCIL FILE NO. �-S — ��°�D
,:
� FINAL ORDER !N ``` � -
By ` - `'�^-
CONDEMNATION PflOCE DINGS _ . File No. 18k01
1,rutiag in the Matter of :cquirin ap�a ep�se� and recx�otioaal puxpoaas, tbnae pwrts of . _ �
,��xa Lot 10 and tlrs�2�lorthsn�+t�rly 3U Fett of Lot 9, Block 15, Suburban Hills, �
� lying aoYtharl o� s li�a� �xtendiag iran a poiat oa che northwes tarly .
Iin� o� Loe 7, said Bloek ls, dfs�at 165 fNt south++esterly lras th• '
+ � �ost northerly cora�r at sai,d Lnt 7 to a paiac aa th4 northrie�tarly .� F�
liae oE Lot 20 said Bleck �S, Dlstaat 145 fa�� so�therlq fro� th� ° �:
� woat aartherly co�cner o# aaid �t 20; .. � �� `
� . .• ... E . 4 - _ � . ' :
. i� t _- �. � . �.
,� n
� ! ,�11 thit pxxt ! Lot� 15 a�d the so�theasterly IO`feet froat aad re�r,
oP Lot 16, Blo k 15, Snburbaa Hills Additioa ta St. Psu2 accordiag ' •- �
to the plat !i ed ia C•� oE ?oNn Pl�ts, PaAe 19, Whicb li�es aorth of
tls� iiae descr bed •s Eollo�tst BegiQaiag oA the liaa betaeea Lots
� 7 aud $ ia nai Bloek IS at a poictt 16S feet south of santh line oE
Unioa Street, liovods Boulevsrd, and nsaaing thence �in a north�r�at-
erly direction ta a line betvseu Lots 20 and �I ia aaid 81ock 15 at •
? a potat 145 fe t aoat2� of sout6 lin� of"aaid ifiioa Straet for the s��
'��� ex�aasioa of Z ian ?louads. Be�inaoal Psrk. :
. �:
� _..� . ''.�
under Administrative Order � approved � � !,'
� �
under Preliminary Order � - G 3 � approved 7 ��� ��
,
A public hearing having been ad upon the above improvement upon due notice, and the Council havirEg heard
all persons, objections and recommen ations relative thereto, and having fully considered the same; therefore, be it
RESOLVED, That the Council of the City of Saint Paul hereby orders said improvement to be made
RESOLVED FURTHER, That the Council hereby determines the estate required for this improvemertt to be
fee simple, absolute 3�6tC$YcX�r� s described above; and the City Officers and City Attorney are hereby authorized
and directed to take all actions nec to acquire said real estate by pu�chase or eminent domain.
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CO C�1EN Adopted by the Council: Date AUG 6 IC��J
Yeas �saaa ays
�r�� Certified Passed by Council Secretary .
Seb�3b�1 _�tn Favor By
3oaata
?�d��co �
Wilsoa gainst —
Mayor
. ��-� ����
Authority �.F. or A.o.) �,,.,,, CITY OF SAINT PAUL
FMS/13 4• � � P��
• � .
. ,
I,EASE N0. . �
. � .
•. �
FIN�ICE D . LEASE I�. •••• . �.� �7�T
DATE
Au£ust 22, 1985 __
. I�F.SSOR �
_ __Ci_t�_of Saint Paul . r__
CZTY DEPAR'IP'�NT -
Finanra ancl Alana�;,�� �3
. �''.S.S�'i �
_._Jeffr� R. and Karen M. Klinkerfues
ADDRES.S � .
S1 Mounds Blvd.
WITNESSEl'Fi
� That the LESSOR, in consideration of the payment of the rent �
hereinafter specified o be paid by the LESSEE, and the covenants and
agreements herein contai ed, do�s hereby lease, demise and let unto I,ESSF�.
PRFI�lISES
ADDRF�S.S �
S1 Mounds Blvd.
I,DGAL DES�ItIPTION (F�REI RE�'ERR� T�0 AS TEIE "LEASID PRFMIS�SS")
Those parts of Lot 10 an the Northwesterly 30 feet of Lot 9, Block 15, •
"Suburban liills", lying orthexly of a line extending from a point on.
the Northwesterly line of Lot 7, said Block .l5, distant 165 feet Southwesterly
from the most Northerly orner of said Lot 7 to a point on the Northwesterly
line of Lot 20, said Blo k 15, distant 145 feet Southerly from the most Northerly
corner of said Lot 20
1
� See Exhibit "A" Plan or Map of leased area which is incorporated herein by
this reference.
� TYPE OE' PROPE�tTY (VAC1�1Nr LAND/BUILD�IJG) S4UARE FC)OTAGE �
- Buildin� 2243 sq. ft.
�
� (�S�y�gg) OONP�ICING DATE II�IDING DATE �
. �3�months � , , Au�ust 31, 1985 October 14, 1985
This lease is subject to the �ollowing covenants and agreements. by
LESSEE. �
C!OVIIVI�KTS ADID AGE2F�TTS BY LESSEE
(1) Purpose and Use. The premises shall be used and occapied by
LFSS� for the follawing purpose: .
� living _quarters
and for rb other purpose without the prior written consent of LF�SOR.
(2) Rent. Rent shall be paid in adyance, on the first day of each-and
every payment period thereafter as indicated in the Payment Schedule bei�v:
Z�OTAL RENr PAYN�Tr SC�ULE
� During Lease Term . (Nbnthly/Annually - Gortmencing Date - $ per Period)
$1.00 _
LESSEE shall make all payments to LESSOR at the follawing address:
. The applicable account number for CITY FINANCE ACCOU[JrING OODE IS:
(3) INSURANCE REQUIREMENT. LESSEE sha1L maintain during the terr� of
this lease and upon th� lPase��premises certain insurance coverage which is
described as follows: �
(a) WORKF.�2.S' OOMPF�ISATION INSURANCE with couecage not less than
the statutory limits and II�IAYERS LTABILITY' INSURANCE writh
limits of not less than:
N�A PER AOCIDII�TP
2
. �=�.s����
. fb) OCMPIIiQIS VE GIIVERAL LIABILITY insurance including
blanket c ntractual liability coverage ar�d personal �lia-
bility oo erage with a oombined single limit of not less
� thain:
N/A . PER OOC(JFUtII�]CE
Such insu ance shall (1) name the Citcy of Saint Paul,
� its elect and appointed officers as additional
�insureds; (2) be primary with respect to any Lessor's
' insurance or self-insurance program and (3) vontain a
standard ross liability p�ovision
(c) PROPEl7PY NSURANCE including fire, extended ooverage and
� all-risk nsurance covering the demised premises ar�d all
property ocated herein belonging to LESSOR, in an amount
equal to 0$ of the full replacement and reconstruction
cost of t e property. The amount as indicated belaw is .
the amoun of coverage agreed -to by the parties at the
inception of this lease. Such policy shall be on a
replaceme t cost basis, with permission to replace at •
• � any site. The amount of insurance shall be increased �
to an nt equal to 90$ of t,he full replacement ar�d
reconstru tion cost of the premise on every annual
. anniversa y date of this lease. Whenever requested __..__
• by LFSSOR LESSEE shall procure an appraisal of the --����
. leased pr mises fram an appraiser approved by LES.SOR,
and the n w appraisal amount shall then become the new
basis for insurable value. The p�licy will be issued
. in the n of LF.S,SOR with loss payable to LESSOR and
iFS.RF� as their respective interests may apQear.
insurance during occupancy
Lessee wi 1 continue homeowner
With res t to property losses not oovered by insuranve,
it shall the responsibility of the LES.SEE to pay all
. costs to r pair or replace the damaged property with like
kind and w thin a reasonable time. The LF�SEE shall be '
responsibl for the insurance policy deductible anbunt as
� stated in e Property Insurance policy for the leased
premises. � •
(d) The polici s required in this section shall name LESSOR,
� and any pe sons, firms or eorparations designated by LES.SOR
as an insu ed, and shall contain a clause that the insurer
cannot .can 1 or change the insurance without first giving
the LES.SOR 30 days' prior written notice.
The insura ce shall be placed with insurance oo�m�anies
approved LESSOR and oopies of the policies shall be
delivered o. LF�.SOR on the date of I,�SSOR'S execution �
of this ag eement. The policies shall also indicate
that cover ye shall not be indalid due to any act or ,
3
omission on the part of the LESSOR. If such policies
are not received promptly, the LESSOR shall at fts aptian
terminate the lease or place the insurance itself and bill
the LESS� for the cost of coverage as additional rent.
It is specifically understood and agreed that all of
� the proceeds of such insurance policies shall belong to
and be payable to the LESSOR, and LESS� as their interests
may appear.
� If for any reason any of the insurance hereunder is
• void, the LESS� is responsible to the LESSOR for any
uninsured loss. '
�4� � Right of Entr .
---i r
. ' I , I
. � � I
� ). 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 duri�g
reasonable business hours for the purpose of examining and inspecting the
Same. (see provision number 22, page 10)
(5) Cancellation or Termination. This lease shall be subject to
cancellation and termination by LESSOR at any time during the term
� hereof by giving the LE�SSEE notice in writing at least ni:nety (90)
days, (thirty (30) days for leases with a term of one (1) year or less) in
advance of the date when such termination shall become effective. In the
event of such termination any unearned rental paid by the LESSEE•shall be
returned to L�'.SS� 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 fully
given when served personally on LESSOR or LESSEE, or when made in writing
and deposited in the United States Mail, certified and postage prepaid, arid
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
c.hanged 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. L�SSEE s.hall not assign or sublet this
lease without the written consent of the LFS.SOR.
, . 4
� � � ��5-ii��
(8) Repairs, A1 erations and Maintenance. It is'specifically agr•eed
and understood that L SSEE shall not make or cause any improvements or
repairs to or on said p emises of any nature whatsoever without the written
- consenC of the L�ES.SOR LESSF� hereby specifically oovenants and agrees t�o
maintain the premise in good order and condition at his own cost and
expense.
(9) Payments i Case of Default. LFSSEE shall pay LFSSQR all costs �
and expenses, includi reasonable attorney's fees in any action brought by _
LESSOR to recover any ent due and unpaid hereunder, or for the breach or
default of any of the enants or agreements contained in this lease, or to
recover possession o said property, whether .such action progre�ses to .
judgment or not. ' '
(10) Surrender of Premise. The LESSE�, at the expiration of said
term, or any soor�er terminati�on of this lease, shall• quit peacefully and
surrender possession o said property and its appurtenances to I,F�.SOR in as
gaod order and conditi as the property was delivered to the LESSE�.
(11) Indemnity. The LESSEE indemnifies, defends, saves and Holds
� harmless the City of int Paul and any agents or employees thereof from all
- • claims, demands, ac ions or causes of action of whatsoever nature or
character, arising out of or by reason of the Iease of the herein described__
premises by the Lessor to the Lessee or the oazdition of the premises or a�- �
a result of the oper tions or business activities taking place on the
premises. It being fu ly understood and agreed that LESS�E is aware of the
conditions of the leas premises and leases the same "as is".
��•
(13) Pollution nd Contaminants. LESSEE agrees to comply with all
ordinances, laws, rul s anci regulations enacted by any governmental body or
, agency relating to t e control, abatement or emissfon of air and water
contaminants and/or th disposal of refuse, solid wastes or liquid wastes.
LESSEE shall bear all cost and expense arising from compliance with said
ordinances, laws, rule , or regulations and shall indemnify, defend, save ar�d
hold harmless LESSOR .from all liability, fncluding without limitation,
fines, forfeitures, penalties arising in connection with the faiiure by
I�.SF.E to oa�ly with uch ordinances, laws, rules or regulations.
(14) Controlling ase. In the event there is any prior existing lease
or rental agreement be ween LESSEE and LESS�R (or. its predecessor in interest)
oovering the subject p operty, it is agreed and understood that this lease
shall cancel and term'nate said prior lease or rental agreement as of the
effective date of this lease.
e,-LESS�-
5
es�t�t�an;�--a,=u-�-i-ar--that
agair�s�-i:�e-E-i�t�+-�aL�n zL--r
}nsd€€�e�e�r� �e-�+���~n�-e-ee�` ���e � •"^�E-a�Tee�e-�—�,e-
��'- f3ef--d+t��-�'��er�r� a` � �' ,
- (see provision number 23, page 10)
(16) Bankruptcy or :tnsc�.lv�iicZ Any of the f�llowing events oocurring
� • du�ing the term of this lease shall ccrostitute a default by the LESS�:
(a) a petition to have �I..k�:��:�LE adjudi.c:at�d bankrupt or a petition for.
reorganization or arr<�iy�:iuent unc�er any laws of the •United States relating
to bankruptcy be filed by i��'SF..�: (t,� a ��*_i.tic.x� ta have L�E'SSEE adjudicated
bankrupt be filed againsr. I,E:�Sr:f�, and not Ge dismissed within ninety (90)
days from the date of :;�.,ch filing: (c) the assets of LESSEE or of the -
business conducted k�y f,ESSt::� c�n the I.�ased Premises be assumed by any
trustee or other per�an �,ursuant to ai�y juciic:ial proceedings; or (d) LESSEE
makes an assigrunent far the beneEit of creditc�rs.
, It is an express covenant and agreement of LESS�R and LESSEE that LESSOR �
may, at its election, terminate this Lease in the event of the occurrenoe of
any of tlie events in this Article described, by giving not less than ten (1Q.�
days' written notice to LES.S�; and when so terminated, LESSOR may reenter
the Leased Premises. The Lease shall not be treated as an asset of
I�FSSF�'S estate. It is further expressly understood and agreed that LF�,SpR
shal.l be entitled upon such reentry, notwitt�standing any other provision of
this Lease, to exercise such r ights and remedies as are provided in
Defaults/Remedies Section of this Lease.
(17) Gompliance with Laws: 7fie pro�rty described herein may be used
for only the purposes stated her�in; h�wever, it is the soYe and exclusive
responsibility of thE LE;�S�E in t�.Fie use c�f thE� p�•c7perty to comply with any
and all laws, rules, regulati;,r,� r.r c�rdi�l:�nc:.�s imfx���.�cl by any jurisdiction
affecting the use to which the.proFx�rty is proposed tc� be -put. Inability or
failure on the part of the I.ESSEE to comply wi th any of said laws, rules,
regulations or ordinances will nat ralieve the LFSSEE of the obligation to
pay the rental provided herein.
(18) Non-Discrimination. The LESSEE for h.imsel•f, his personal •
representatives, successors in interest, and assigns, as a part of the
vonsideration hereof, does hereby vovenant and agree, as a oovenant runninq
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 selecti� and retention of
h
_ . � �..�����
first-tier subcontract rs, and by first-tier subcontractors in the selection
and retention oE seco -tier subcontractors, (3) that such discrimination
shall not be practiced against the public in their access in and use of the
facilities and servic s provided for public accommodations (such as
eatiny, sleeping, re,st, rer.reation, and vehicle servicing) .constructed or
operated on, over, or nder the peace of the right-of-way, and (4) that the
LESSEE shall use the remises in compliance with all other requirements
imposecJ pursuant to Ti le VI of the Civil Rights Act of 1964, and Title 49, �
Code of Federal Regul tions, Part 21, Administrative Gode 183.04 and as
said reg�lations may amended.
That in the event of b each oF any of the above nondiscrimination covenants,
the City shall have t e right to terminate the lease and to re-enter and
repossess said land a d the facilities thereon, and build the same as if
said Lease had never en made or issued.
(19) Liens. Zrie I� sha].1 not permit mechanic's liens or other �
liens to be filed or es abli�hed or to remain against the leased premises for
labor, materials or s rvices furnished in connection with any additions,
modifications, improve ents, repairs, renewals or replacements made to the
. leased premises, or fo any other reason, provided that if the LESSEE shall �
first notify the LESS R of its intention to do so and shall deposit in
escrow with the LESS R a sum of money or a bond or irrevocable letter of
credit acceptable to th LESSOR equal to the amount of the claim of lien, it
may in good faith cont st any such claims or mechanic's or other liens filed�
or �established and in uch event may permit the items contested to remain
undischarged and unsat sfied during the period of such oontest. If, in the
opinion of the L,I3SSOR, he nonpayment of any such items subjects the leased
premises to any loss o forfeiture, the LESSOR may require the LESS� to use
the escrow account to rompt.ly pay all such unpaid items.
(20) Eminent Doma'n. In the event the entire Leased Premises are taken
by eminent domain, or such portion thereof is so taken that in LESSEE'S
reasonable judgement it is uneconomic thereafter to restore the Leased
Premises and proceed ncier the terms and pravisions of this Lease, LESS�E
may terminate this I, ase by giving to LE;SSOR thirty (30) day5' written
notice of termination, fFective as oP the date on which the candemning
authority acquires 1 gal title" or physical possession of the Leased
Pre�nises. The total a ard made in such eminent domain proceedings shall be
paid to LFSSOR who sha 1 disburse the proceeds thereof as follaws:
(a) First to R an amount equal to the. sum of the following:
(i) Al1 costs incurred by LESSOR in oonnection with the eminent
domain p oceedings, including but not being limited to
. attorney' � fees and expert witness fees'; anci
(ii) An a►n�un equal to that portion of the award attributable
7
_ to the land and improvement taken as distinguished from the
�I,ESS�'S iniQrovements.
. (b) Second, to IFSSEE, all s�ans remaining after m�king. the payments
provided for in (a) above.
(21) Amended. Anything herein contained to, the contrary
notwithstanding,�s lease may be terminated, arx3 the pravisions of this
lease may be, in wri.ting, amended by mutual consent of the parties herein.
Dg'A[JLT RFI�'�UIFS •
Failure by LFSSEE to observe or perform any of the co�venants a�d agreements
provided herein shall constitute a default. In such event LESSOR may -
exercise any a� or nbre of the follawing remedies:
.' (1) reenter aryd take possession of the- Premises without terminaticn of
this lease, and use its best efforts to lease the Premises bo, or enter into
an agreement with, ar�other perso� for the a000unt, of I�:S90Rf
- (2) terminate this lease, exclude LESSEE from posaession of . the
� Premises, and 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 withou�--
terminating this lease and operate the Premises itselff --��--
(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 tro be on such
� terms and oonditions 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 IFSSEE;
' (5) exercise any remedies available to it under the Minnesota Uniform
Carmercial Code;
(6) take whatever action at law or in equity may appear necessary or
appropriate to oollect the rent and additional rent then due arx3 thereafter
to become due, or to enforce performance and observance of any obligation, ,
agre�nent or cavenant of the LESSE� under this I,ease.
� (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 o�sts for which the
LESS� is responsible under this Lease.
(8) no remedy herein oonferred upon or reserved to LES90R is int�encled
to be exclusive of any ot�her 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 thereaf ter existing at law or
8
���ii��
in eyuity by statute. No de].ay or omission to exercise any right or power
accruing upon an,y defau t sha11 impair any such right or p�wer or shall be
construed to be a wa'ver thereof, but any such right and power may be
exercised from time t time and as often as may be deemed expedient. In
order to entitTe the SSOR to exercise any remedy reserved to it on this
Provision, it shall n t be necessary to give any notice, other than such
�r�otice as may be herei expressly required.
�
9
Tf�; FOLIAWING SPACE BELOW IS PROVIDED FOR ANY ADDITIONAL PROVI3IONS OR
RDQUIRII�1JrS•
22. 1tENT AND OTHER PAYMENTS: LESSEE shall be responsible for the termination
of all utilities and 'payment of.all utility costs and expenses incurred
as o€ the date of LESSEE's v�cation of the subject property. These
utilities include but are not limited to water, sewer, gas, electric,
telephone, and other heating and power rents. .
23. DESTRUCTION: In the event this property is destroyed or substantially
damaged by fire or some other cause between the time of closing, August
30, 1985, and the time of the City's actual possession, the City shall
be entitled to the return of a portion of the purchase price.
10
r ����i'��
,
IN WIZNESS F, the parties hereto have set their hat�ds and seals
the day and yeat in his lease first above written. _
LESSOR - CITY OF SAINT PA[JL
�. MAYOR
CITY CI�EiFC
, DIRDCI�UR OF FINAI�CE ArID MANA� �
SERV.fCFS
DEPAR'l1�TI' DIRDCtOR
CITY ATI�ORNEY (FORM PROVAL) _.__
�:a�as=maa==�a=aa=sa =--oa====o=o=o=a_=a=�x=r_==x=a�=aa=a=�a=s�c:=aaaasaaaaza
��' .
I�. — ---
I� --- - -
IZ5 — - "
��E)
11 ' •
LE.S.SOR I�TARY
S'!'ATE OF MIDflJE90TA �) .
) ss.
OOUATI'Y 0�' RAM.SEX )
The foregoing �instrument was �knowledged before� me this day
of. , 19 , by George L'atimer, 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 Cfty
• of Saint Pau�, a municipai �orporation of the $tate of Minnesota, � behalf
• of said City of �Saint Paul.
Notary Public
The foregoing �instrument was acknowledged before me this day '
Edward Wazn
of , 19 , by , 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
, � � � ��'S//��
r�ss� r�o►r�r
STATE OF MI�r ) .
) ss. .
OOCINTY OF RAM.SEY )
' The foregoin instrument was acknowledged t�efore me this day
' of _ , 19 . by
its `
� Notary Public
13