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85-1188 � WHITE - CITV CI.ERK PINK -'�INANCE COU�ICII ��j-"//yr GANARV - DEPAIiTMENT G TY OF SAI-NT PALTL (Jv� �/�� BLUE - MAVOR File NO. � Return copy to: } . . (DN) Valuations — Room 218 �u C es� ul�i�n Presented By ��/"�' � Referred To Committee: Date Out of Committee By Date Wf�[tE'AS, the City of int Paul, acting through its Valuation �gineer, has secured an agreeme t for the purchase for the following described property: All that part of Lot 15 and the Southeasterly 10 feet front and rear, f Lot 16 Block 15, Suburban Hills Addition to St. aul according to the plat filed in C. of Zbwn Plat , Page 19, which lies ryorth of the line described follaws: Beginning on the line between Lots 7 8 in said Block 15 a� a point 165 feet south f south line of Uni� Street, now Nbunds Boulevar , and running �hence in a north- w�esterly direct'on to a line between Ipts 20 and 21 in said Block 1 at a point 145 feet south of south line of said Un'on Street. �S, this proper y is necessary for the expansion of the Ind ian Mounds Regional Park ar�d was approved for acquisition 1� the Saint Paul City Council on August 6, 198 in Council File Number 85-1020. Z"he price at which the praperty may be pur ed is $85,000.00, which is a fair and reasonable price for the subject roperty according to the independent appraisal obtained by the Valuati �gineer; and WI�REAS, the Valuation Engineer has recommended the purchase of said property at the price s ted above and ur�der t.he terms and corx�itions as set forth in the Memprandtun f Sale of Real Estate which is attached hereto and incorporated by this ref rence. NI�W TI�REE'ORE BE IT �OLVED, that the proper City officials are hereby authorized and directe to pay Jerry A. and Faye F. Durheim, record owners of the subject property any outstanding enc�uabrance holders the sum of $85,000.00, subject t the conditions of said sale contained in the above referenced Memor um of Sale of Real Estate. Said sum to be charged fran C.I.B. fund number 3083-023, Indian MotarX3s Park Acquisition, to be r � COUNCILMEN 2 Yeas p�� Nays Requested by Department of: Masanz Finance & Ma.na ement Services N�cosia in Favor Scheibel Sonnen Against BY Tedesco irecto�� / Wilson orm App ve City Attorney ��3 � Adopted by Council: Date Certified Passed by Council Secretary BY C o��Q 2 By A►pproved by iNavor: Date Approved by Mayor for Submission to Council BY BY WNITE - CITV CLERK PINX -�INANCE CO{��1C11 . (� �/n� BLUERV - MAypRTMENT I TY OF -SA�I NT PA U L �rs'— �o . File N0. (DN)rValua.tions - Room 218 ouncil�Resolution Presented By � • Referred To Committee: Date Out of Committee By Date BE IT FURTI�R RF50L , that the proper City officials are hereby authorized and directed execute a lease agreement for the period of time between the closing date and the possession date. � COUNCILMEN Requested y Department of: Yeas p�� Nays Masanz Finance & Mana�emPnt SPYVI CAR Nicosia [n Favor Scheibel �.�e�r- Against BY T��,� Director �� Wli�se'*' ^ � �y-�- �7� Adopted by Council: Date AU [ 9 orm Approved by City Attorney Certified Pa s d y ouncil S ar BY C � By np� A►pp ve b Mavor: Date � ��`� Approv by yor r Submiss'o to Council By By PUBLISHED SEP _ 7 1gg5 na ement Services DEPARTMENT ��^�/�� N� 3067: Dave Nelson CONTACT ✓� 2 8-5317 PHONE Au ust 22, 1985 DATE 1 e�� ,, „r ASSIGN NUNBER FOR ROUTING ORDER li All Locations for Si nature : Department Director 4 Director of Management/Mayor � Finance and Management Servic s Director � City Clerk � 6 Valuations 1 City Attorney WHAT WILL BE ACHIEVED BY TAKING A TION ON THE ATTACHED MATERIALS? (Purpose/ Rationale) : The acquisition of 75 Mounds Bbu evard for the expansion of Indian Mounds Regional Park will be completed. Also a lease agreement will be e ecuted 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 $85,QOO wi 1 be reimbursed to the City from the Metropolitan Council's Park and Open Space Program. FINANCING SOURCE AND BUDGET ACTIV TY NUNBER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Amount of Transaction: $85,000 quired if under $10,00U) Funding Source: cIB Activity Number: 93083-023 ATTACHMENTS List and Number All ttachments : RECEIVED _... 1. Council Resolution to be c nsidered. 2. Copy of Final Order approv ng the acquisition. AU G 2 3 1985 3. Lease agreement for occupa cy after closing. 4. Valuation Engineer's Repor OFFICE OF THE DIRECTOR 5. Budget Directors report DEPART'MENT OF fMANCE AND MANAGEMENT SERVICES DEPARTMENT REVIEW CITY ATTORNEY REVIEW �_Yes No Council Resolution equired? Resolution Required? Yes No x Yes No Insurance Required? Insurance Sufficient? Yes No Yes x No Insurance Attached: (SEE REV RSE 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 approv�l 3. to help e.nsure that necessary supporti.ng materials are prepare�, and, i£ required, attached. Providing complete information under the listed headings enables reviewers to m�ke decisions on the documents and eliminates follow-up contacts that may delay e�ecutfon. The COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS heading provides space to e��lain 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 fre�uent types of documents: CONTRACTS (assumes authorized budget exists) 1. Outside Agency 4. Mayor 2. Initiating 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 RESOLUTION (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 Counc'il 8. Chief Accountant, F&MS SUPPORTING MATERIALS. In the ATTACHMENTS section, identify all attachments. If the Green Sheet is well done, nu 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 . Insurar�ce should be one of the attachments at time of routing. Note: Actions which require City Council Resolutions include: l. 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. _ ,::::� f��- �.s ii��' i: -��'+1�L�'.�� m,.',:.a�` CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM T0: Mayor George La i.mer and Members of the ity Council F%)M: J. William Dono an Valua�ion Engin r DATE: August 22, 1985 RE: Valuation �gi r's Report on the A�quisi�ion of 75 Mounds Boule ard I have examined the re erenced acquisition and found the following to be true: 1. The property is located adjacent to the Indian Mounds Regional Park, and is egally described as follaws: All �hat gart of Lot 15 and the Southeasterly 10 feet front rear, of Lot 16, Block 15, Suburban Hills �ddition to St. Paul according to the pla� filed in C. of Pla�s, Page 19, which lies nor�h of the line des ribed as follows: Beginning on the line between ts 7 and 8 in said Block 15 at a point 165 feet south of south line of Union Stree�, naw Mounds ulevard, and running thence in a north- wes�erly direction to a line between Lo�s 20 and 21 in said lock 15 a� a point 145 feet south of south line of aid Union Street. 2. The legal des ription of the property �o be acquired is correct. 3. The purchase rice of $85,000.00 is a fair and reasonable price for the prope ty to be acquired. _�:;::� ��.�=ir�� '' ;P �;, � � � ��;�� CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM T0: Mayor George La i.mer and Members of �he i�y Council F%x�: Gregory Blees ' Ci�y Budget Dir tor " :�- DATE: Augus� 22, 1985 Re: Budge� Direc�or s Report on �he Acquisition of 75 Mounds Boulevard I have examined the re erenced acquisi�ion and found the following to be �rue: 1. 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 $85,000.00. This expendit re will be reimbursed �hrough the Metropolitan Council's Par and �en Space Program at a later date. 2. The acquired roper�y will enlarge and improve Indian Mounds Regional Park 3. The fee title t�lders will carry homeowners insurance on the proper�y unti the Ci�y takes possession. �' ��-- //�� .% •°"'•• CITY OF SAINT PAUL 4� � � � DEPARTMENT OF FINANCE /1ND MANAGEMENT SERVICES �' "� • VALUATION DIVISInN �... 218 City Hall GEORGE LATIMER Saint Paul,Minnesota 55102 MAYOR 6124q&5317 R�11�IDL�I OI�T SAI� OF REAL FSTATE l. Purpose of sale of al Esta�e �o Ci�y: . For the -expansion Indian Mounds Regional Park. 2. Loca�ion of Real ate: 75 Mounds Blvd. � 3. Legal Description: All that part of 15 and the Southeasterly 10 feet front and rear, of Lo� 16 Block 15, S burban Hills Addition to St. Paul according to �he plat filed in C. of Zbam Plats, Page 19, which lies north of the line described as foll : Beginning on �he line be�ween T,oks 7 and 8 in � said Block 15 at a ink 165 fee� south of soukh line of Union Street,"'� naw Mounds Boulevar , and running �hence in a northw�es�erly direc�ion to a line between �s 20 and 21 in said Block 15 at a poin� 145 fee� sou�h of south line of said Union S�ree�. 4. Name and address of Seller: � Jerry A. Durheim Faye F. Durheim 75 Mounds Boulevard St. Paul, MN 55106 5. Reccmnended Purchas Price: $85,000.00 Purchase price shal be distributed accordi�g to �he �axes and encumbrances� on the premises. 6. Ite� to be retain by seller: Kitchen cabinets, w 11 mirror in living roo9n, free standing fireplace � stove in living r , track lighting in living room, kitchen appliances (dishwasher, trash c�or, refrigerator, micrawave oven, range) and , securi�y monitors. �`�`,.. �/ �� Y� ' , U ' '�` f ls �� v �' K s c�, [,',.,,. k �:�` s ��•< <-._ v� �'� r�'. i � y� � t'1`�� 7. Real Estate Taxes: Seller�shall pay all of the proper�y taxes due arid payable during cale dar year 1985 as well as any delinquent kaxes no� ye� paid. 8. Seller �o pay all a sessments levied agains� said property as of the da�e of closing. Page 1 of 3 pages .� . ��.�//�� 9. Type of C7onveyance equired: Conveyance of markekable fee ti�le to the Ciky by Warranty �o be prepared by �he City. 10. Seller �o furnish er's Duplicate Certificake of Title for said property, City will obkain Regis�ered Property Certifica�e. 11. Seller agrees to d liver possession of t;he subjeck property no� la�er - , than Oc�ober �, 1�8�. v r:� 12. Closing date shall August 30, 1985 ak which �ime the ti�le �o the premises shall be conveyed �o the City, �he closing date may be pos�poned and resch uled by mu�ual agreement of �he par�ies hereto. 13. Seller shall be res sib�.e for the termination of all ukili�ies and paymen� of all u�il ty costs and expenses incurred as of �he dake of Seller's vacation o the subject property. These utili�ies include but are not limi�ed to ater, sewer, gas, electric, telephone, and other heating ar� pacaer r nts. 14. On the day of closi g, the seller shall enter inko a lease agreemen� with the City for t period of time fran the day of �losing ko October ]�4' �, ch is �he proposed possession da�e by the City at a rental �t��$1 00. Seller shall oomply wikh �he kerms and conditions c�nkain in khe standard lease form for the Ci�y of Saink --�° Paul, Division of sessmen�s and Valuations, Uepartment of Finance. 15. In �he even� �his operty is destroyed or substan�ially damaged by fire or some o�her use prior �o closing, this agreemenk may becane null and void at th Ci�y's opkion. In the case of any damage occurring prior to the closing date, the Ci�y may opk ko deduct the amount of such damage from the pur ase price. If such damage occurs between the kime of closing and the ti.me of City's actual possession, �he Ci�y shall be entitled to the ret n of a portion of the purchase price. 16. Seller 5hall deliver the keys to �he premises �o �he Division of Valuations, 218 Ci�y Hall immediately upon vaca�ing the premises. 17? None of the provisi ns of this agreement is in�ended to or shall be merged by reason of he Warran�y Deed that will be transferred be�ween the parties hereto, r shall such d�ed be deemed to affec� or impair the provisions and enan�s of this agreement. 18. Sellers shall prior to �he date of closing negotiake and arrange wi�h the 7.bwn & Coun�ry k of Newport tor the appropriake payoff amoun� � and documents necess y to rel.ease Zbwn & Coun�ry Bank's mortgage lien agains� the subject roperty filed as documerit number 771827, dated November 30, 1984 w ich is included as a memorial in Certificake of Title numb�r 628394. Page 2 of 3 pages � � . ' �ds//�� 19. Miscellaneous: Seller shall allo�w City or its agents access to the premises by appointrnent prior the date of City's possessi� for purposes of implementing actio for the disposition of improvements. NOTE: Conditions lis ed above are not binding until approved by City Council. , �, City: Seller: . Sign : o---'�"" Signed: ` Valuation Eazgineer � ; Date: � ,� Date: � � �s YOUR SICTTAZURE DOFS NOT D� � BE NOTARI ZID Page 3 of 3 pages 3 �„�-- ,�� City of S t.,Paul COUNCIL FILE NO.- '}"-5 — ��"? 0 , FINAL ORDER IN '' � � BY .•... CONDEMNATION PROCE DINGS _ File No. 18k01 V�.�tiag In the Matter of acqulrin cp�a spxse� aa� recreatioaat purpo�es, tboee parts o!t ward T.�ot 10 ana tha� Hort!»Materl�t 30 Fe�t of Lot 9, Blocic 15, Suburbsa Hills, � ' lying noYtharl o! a lin� �xteadiag fran u po3nt oa c3�� norttiwesterly , linf of Lot 1, aaid �lock ls, disr,.aat I65 !Nt south++eaterly �roes tlte � �ost northerlq coraer oi said Lot 7 to a painc aa the norLhtireaterly _ , 5 line oP Lot 20 said Bloek IS, Distant 145 feat so�therlq from th� • ° : so�t aartherly corner o# said Lot 20; . t - :� . � -� ' � .,. �i qa �' . •:�;, `�. � '� � AI1 th�t part f Lot� 13 aad tha aoathessterly I0�`#eet froat aad rear. o� Lot 16, Blo k 15, 5uburbaa Hills Addition to St. .P�u2 according ' -- : ta the plat !i ed ia C.: of ?o�+n Pl�ts, PaAe 19, �hieh lies aoxth o�C tlu iiaa descr bsd as follo�ts: Beginaiag ou the 21aa betaeea Lots 7 aad $ in �ai Block IS at a point 16S feet south of sauth liae oF Uaion Stzeet, Mouoda Boulsvard, and nsas�ing thence in a northwest- � erly direction to a line betveea Lots 2� ��td ZI ia gaid Block 1S ae � - a poiqt 145 t� t eoath of sout6 Iine of"said tinioa Streat gor the 5' � . ��• rxpat�aion of I ian Ho�nds geg3aoml Park, °�.: . •- .-.-� � � �� :� under Administrative Order approved ' � �'� p / .5� '� under Preliminary Order 4 G ✓� � approved 7 �� , A public hearing having been ad upon the above improvement upon due notice, and the Council having heard all persons,�objections and recommen ations relative thereto� and having fully considered the same; therefore, be it RESOLVED, That the Council f the City of Saint Paul hereby orders said improvement to be made RESOLVED FURTHER, That the Council hereby determines the estate required for this improvement to be fee simple, absolute ��Sdfvx� s described above; and the City Officers and City Attorney are hereby authorized and directed to take all actions nece sary to acquire said real estate by purchase or eminent domain. f�bG��i.`�6�eX�XtYi�aY`�i�i��t�e`t}ra��iSfYc4Cli�K3�4i3C�f�fiYeYd��{lLiC$iC�3�X X XaC}bX}f�Nel�.' �tXktbll�iK}�{{i�fDE��}t�[�HiC��Kbd�3iL�R��lir�}3b�Cb�CdXiC]pd�xOCbqfi�I�{t1�X x x�x�x��xxxat�xr�a ac��x�x�x�cx�xx�x�t�¢x��K�Y�x�"bs�i��XX CO[JNCI�LtMEN Adopted by the Council: Date AUG 6 I��J Yeas �sana ayS �iC�� Certified Passed by Council Secretary . Scb�ibtl In Favor By 8aeme� ?�d�sco Wilsoa �d11`s� Mayor . �� ,i� � Autt�or•�.y (c.F. or A.o.) ,,,.,,, CITY OF SAINT PAUL '�� ` RE�L PROPER'�Y FM S/12 _ LF.ASE NO: � � ;� . . • • w� . 'FI DEPT. LEA.SE N0. •••• LF�ISE AG�TIT DATE August 22, 1985 LF.S.SOR _ _� _ City of Sain Pau�__ �_` CITY DEPAl7IME1�Tr ,�Annnn �nrj h1a SPYV][`P��J,2 I.IGU7J��''• . _Jerry A• and F�e F Durheim _.__._ ADDRF�SS . 75 Mounds Blvd. , �____�__ . • WIZR�TE.SSEI'Ei �--•-- That the LESS R, in consideration of the payment of the rent hereinafter specifi d to be paid by the LESSEE, and the covenants and agreements herein co ain�d, cfoes hereby lease, demise and let unto LESSEE. ' PRFS'IISES , ADDRE'SS 75 Mounds Blvd. I,DGAL� DF�CFZIPrION ( INAFrER REE'ERRID Zt� AS Tf� "LE�ASID PREMISES") All that part of Lo 15 and the Southeasterly 10 feet front and rear, of Lot 16 Block 15, Su urban Hills Addition to St. Paul accord"ing to ttie Plat filed in C. of Town Plats, Page 19, which lies north of �he line described as follow : Beginning on the line between Lots 7 and 8 in said Block 15 at a oint 165 feet south of south line of Union Street, now Mounds Boulevar , and running thence in a northwesterly direction to � a line between Lots 20 and 21 in said Block 15 at a point 145 feet south of south line of sa d Union Street. � 1 See Exhibit "A" Plan or Map of leased area wYiich is incorporated herein by this reference. TYPE OF P1�JPEIrPY (VAC�Nr LAND/BUILDING) SQIIARE E�C�rAGE BuildinQ 9,900 sq.' ft. TERM Z�f4 (MONTHSIYEARS) OOr'A�NCING DATE II�IDING DATE � months , Au�,uRr 31, 1985 -Acxe�e-�-31. '-r°,°��-- � This lease is subject to the following covenants and agreements by LESSEE. � OOVII�]ANTS ANID AGR�TTS BY LESSEE (1) Purpose and Use. The premises shall be used and occupied by LFSSEE for the following purpose: ' . ' LivinQ auarters and for r�o other purpose without the prior written consent of LESSOR. (2) Rent. Rent shall be paid in advance, on the first day of each..�.Li� every payment period thereafter as indicated in the Payment Schedule below: Z�OTAL RENTr PAYN�r SC�I.E During Leas.e Term (Monthly/Annually - Cc�nmencing Date - $ per Period) $1:00 _ LESSEE shall make all payments to LESSOR at the following address: ' ` � The ap�licable account number for CITY FINANCE AoC0Ui�1TING OODE IS: (3) INSURANCE REQUIREMENT. LESSEE shall maintain during the term of . this lease and upon the leased premises certain insurance coverage which is described as .follaws: � (a) wORKIIZS' OOP�II�ISATION INSIJRANCE with coverage not less than the statutory limits and II�IAY�t.S LIABILITY INSURANCE with limits of not less than: N/A PIIZ ACJCIDII�Tr 2 � . �'_,�y/� � . (b) OCr�gIEIVS GIIJERAL LIABILITY insurance including blanket c ntractual liability coverage and personal �lia- bility co rage with a vombined single limit of not less than: JA . PIIt oOCURRIIVCE Such insur ce shall (1) name the City of Saint Paul, � its elect and appointed officers as additional insureds; (2) be primary with respect to any Lessor's insurance r self-insurance program and (3) oontain a standard c oss liability p�ovision . (c) PROPIIr!'Y I SURANCE including fire, extended ooverage and ' all-risk i surance covering the demised premises ar�d all ' property 1 ated herein belonging to LESSOR, in an amount equal to 9 $ of the full replacement and reconstruction oost of th property. �The amount as indicated belaw is . the amount of coverage agreed to by the part,ies at the inception f this lease. Such policy sha11 be on a replacemen cost basis, with permission to replace at • � any site. The amount of insurance shall be increased � to an amou t equal to 90$ of t,he full replacement ar�d reconstruc ion cost of the premise on every annual anniversar date of this lease. Whenever requested _..__ • by LF.SSOR, LESSEE shall procure an appraisal of the ��-� leased pre ises from an appraiser approved by LF�SOR, and the ne appraisal amount shall then becane the new basis for nsurable value. The policy will be issued , in the n of LESSOR with loss payable to LESSOR and LFSSEE as heir respective interests may appear. insurance during occupancy , Lessee wil conCinue homeowner With respec to property losses not covered by fnsuranoe, it shall be the responsibility of the LF�.SEE to pay all ' costs to re ir or replace the damaged property with like kind and wi hin a reasonable time. The LFSSEE shall be responsible for the insurance policy deductible amount as • stated in Property Insurance ,policy for the leased premises. (d) The policies required in this section shall name LES.SOR, and any per s, Firms or corporations designated by LF�SOR as an insur , and shall contain a clause that the insurer cannot cance or change the insurance without first giving the I,ES.SOR 3 days' prior written notice. The insuran shall be placed with insurance oom�anies approved by SOR and� oopies of the policies shall be delivered to LF.S.SOR on the date of LESSOR'S execution • of this agre ment. The policies shall also indicate that coveray shall not be invalid due to any act or . 3 anission on the part of the LESSOR. If such policies are not received prorc�tly, the LF�SOR shall at its option terminate the lease or place the insurance itself and bill the LESSEE for the cost of c�overage as additional rent. It is specifically understood ar� agreed that all of � � the proceeds of such insurance policies shall belong to and be payable to the LFSSOR, and LES�EE as their interests may appear. � � If for any reason any of the insuranc� hereunder is • void, the LESSEE is responsible to the LESSOR for any uninsured loss. �4� � Right of Entr . � � . � � . , � I � � ). At all times during � the term of this lease, the LESSOR shall have the right, by itsel.f, its agents and employees, to enter into and upon the leased premises durir�:,g+ reasonable business hours for the purpose of examining and inspecting the S�: (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 LESSEE notice in writing at least ninety (90) days, (thirty (30) days for leases with a term of one (1) yeax or less) fn 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 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 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, ar�d 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. LESSEE shall not assign or sublet this lease without the written consent of the LES.SOR. 4 � . �� (8) Repairs, A1 erations and Maintenance. It is specifically agreed and understood that L SSEE shall not make or cause any improvements or repairs to or on said emises of any nature whatsoever without the written consent of the LESSOR LESSF.E hereby specifically covenants and ag�ees to maintain the premise in good order and condition at. his own cost and . expense. (9) Payments i Case of Default. LESSEE shall pay LESSOR all oosts � � 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 venants or agreements contained in this lease, or to recover possession of said property, whether such action progresses to judgment or not. ' , (10) � Surrender f Premise. The LESSEE, at the expiration of said � te,rm, or any sooner te mination of this lease, shall quit peacefully and surrender possession o said property and its appurtenances to IESSOR in as good order and conditi as the property .was delivered to the LESSEE. (11) Indemnity. .The �LESSEE indemnifies, defends, saves and holds harmless the City of Sa'nt Paul and any ager�ts or employees thereof from all claims, .demands, act'ons or causes of action of whatsoever nature or character, arising out of or by reason of the lease of the herein descri6ed- premises by the Lessor to the Lessee or the oondition of the premises or�as a result of the operations or business activities taking� place on the premises. It being fu ly understood and agreed that LFSSEE is aware of the conditions of the leas premises and leases the same "as is". (1'l) Hold over, hould the LESSEE hold over after the expiration of the term of this lease with the consent oF the LESSOR, express or implied, said tenancy shall be deemed to be a tenancy only from month to month, subject otherwise to al of the terms and conditions of this lease so far as applicable� at such ti , the rent would increase to $550.00/month. (13) Pollution a d Contaminants. LESSEE agrees to comply with all , . ordinances, laws, rule and regulations enacted by any governmenta•1 body or � � agency relating to th control, abatement or emission of air and water . contaminants and/or th disposal of refuse, solid wastes or liquid wastes. LESSEE shall bear all ost and expense arising from compliance with said . ordinances, laws, rules or regulations and shall indemnify, defend, save and hold harmless LESSOR rom all liability, including without limitation, fines, forfeitures, and penalties arising in connection with the failure by LESSEE to eomply with s ch ordinances, laws, rules or regulations. (14) Controlling ase. In the event there is any prior existing lease or rental agreement bet een LESSEE and LESSOR (or its predecessor in interest) oovering the subject pr perty, it is agreed and understood that this lease shall cancel and termi ate said prior lease or rental agreement as of the. effective date of this ease. , e�i:or�-o€-_��e � 5 . r � �ed . g- • �ozlE�eg�eoaes,�-��-�Pzeeee�s 6�'$EI@��i3B�t'3i3A��-�-�-RNPkl-g��APE�B �� ns�€z}e}e��-�e-�ay-��re-e�t-}-�e ee9� �►e- � s (see provision number 23, page 10) (16) Bankruptc� or Insolvency. Any of the following events ovcurring . 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 , reorganizati� or arrangement under any laws of the United States relating to bankruptcy be filed by LFSSEE: (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 tihe busine,ss 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 (lQ)._ days' written notice to LESSEE; and when so terminated, LE.SSOR may reenter the Leased Premises. The Lease shall not be treated as an asset of � LFiSS�'S estate. It is further expressly understood and agreed that I,�SSOR 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 property described herein may be used . for only the purposes stated herein; howQVer, it is the sole and exclusive responsibility of the LESSEE in the use of the property to comply 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 r�t relieve the LESSEE of the obligation to pay the rental provided herein. (18) Non-Discrimination. The I,ESSEE for himself, his personal � representatives, successors in interest, and assigt�s, as a part of the vonsideration hereof, does hereby vovenant and agree, as a oovenant running with the land, that (1) no persom, on the ground of race,. sex, color, handicapped condition or national origin sha11 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 vonnection 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 �� first-tier suboontra tors, and by first-tier subcontractors in the selection � and retention of sec nd-tier subcontractors, (3) that such discrimination shall not be practi ed against the public in their access in and use of the facilities and servi ces provided for public accommodations (such as eating, sleeping, r st, rec:reation, and vehicle servicing) constructed or operated on, over, o under the peace of the right-of-way, and (4) that the LESSEE shall use th premises in compliance with all other requirements imposeii pursuant to itle VI of the Civil Rights Act of 1964, and Title 49, � Code of Federal Reg lations, Part 21, Administrative Code 1d3.04 and as said regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, � . the City shall have the right to terminate the lease and to re-enter and . repos'sess said land and the facilities thereon, and build the same as if said Lease hac3 never been made or issued. (19) Liens. The LESSEE sha].1 not permit mechanic's liens or other liens to be fileci or stablished or to remain against the leased premises for labor, materials or services furnished in connection with any additions, modifications, impro ements., repairs, renewals or replacements made to the leased premises,. or or any other reason, provided that if the LESSEE shall � Eirst notify the LE SOR of its intention to do so and shall deposit in � escrow with the L�S OR a sum of money or a bond or irrevocable letter of . credit acceptable to the LESSOR equal to the amount of the claim of lien,--•it may ,in good faith co test any such claims or mechanic's or other liens flred or established and i such event .may Permit the items contested to remain undi�charged and uns tisfied during the period of such oontest. If, in the. opinion of the LT,SSO , the nonpayment of any such items subjects the leased premises to ai�y loss or forfeiture, the LESSOR may require the LESSEE to use the escraw account t promptly pay all such unpaid items. (20) Eminent Do ain. In the event the entire Leased Premises are taken • • by eminent domain, r such portion thereof is so taken••that in LESSEE'S reasonable judgeme t it is uneconomic thereafter to restore the Leased . Premises and procee uncler the terms and provisions of this Lease, LESSEE may terminate this Lease by giving to LESSOR thirty (30) days' written notice of terminatio , efEective as of the date on which the condemning authority acquires legal title or physical possession of the Leased Premises. �he tota�l award made in such eminent domain proceedings shall be paid to LF�SSOR who s 11 disburse the proceeds thereof as follaws: (a) First to R an amount equal to the sum of the follawing: (i) All cost incurred by LESSOR in connection with the eminent domain proceedings, including but not being limited to attorney's fees and expert witness fees; and (ii) An amou t equal to that portion of the award attributable � to the land and improvement taken as distinguished -from the I,F�SE:E'S i�rovements. . (b) Second, to LFSS�, all sums remaining after making� the payments provided for in (a) above. ' (21) Amended. Anything herein contained to the contrary � notwithstancling, this lease may be terminated, and the provfsia�s of this lease may be, in writing, amerhded bY mutual consent of the parties herein. DF�'AUI,T RFI�DIFS Failure by LESSEE to observe or perform any of the oavenants and agreements provided herein shall constitute a default. In �such event �LESSOR may exetcise any one or more of �the follawing remedies: . (1) reenter and �k�P�efforts to 1 aserthe Prem ses to tor erniter�into this lease, and use its an agreement with, ar�other person for the aocount of LESSOR; � (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 le�se ancl oQerate the Premises itself= (4) terminate the Le�se,f �elPa�isesSat the�best�price obtainablee Premises, sell all or any pa t o . (provided such sale is permitted by applicable law), such sale to be on such� terms and oonditions as the LESSOR, in its s�ole discretion, shall determine and apply the proceeds of such sale less any expenses thereof for the account of the LF�SEE; • (5) exercise any remedies available to it under the Minnesota Uniform . Co�nercial Coc7e; _ (6) take whatever action at law or in equity may appear necessary or � appropriate to oollect the rent and additional rent then due azx] thereafter to become due, or to enforce performance• and observanoe of anx obligation, agreement or covenant of the LESSE� 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 LESS�E liable for the difference between the payments and other oosts for which the I,F,SSE� is responsible under this Lease. _ (S) no remedy herein oonferred upon or reserved� tA 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 remec7y given under this lease or naw or thereaf ter existing at law or 8 . : � ��_,,�'� in ec�uity by statut . No del.ay or omission to exercise any right or power accruing upon an,y de ault shall impair any such right or power ar shall be construed to be a aiver thereof, but any such right and power may be exercised from tim to time and as often as may be deemed expedient. In order to entitle th LESSOR to exercise any remedy reserved to it on this Provision, it shall not be necessary to give any notice, other than such �r�otice as may be her in expressly required. / ; � % � / i ,/ , � 9 THE FOLIAWING SPACE BELOW IS PROVIDED FOR ANY ADDITIONAL PROVISIONS OR _ RDQtJI�2II��l5• 22. RENT AND OTHER PAYM�NTS: LESSEE shall be responsible for the termination of all utilities and payment of all utility costs� and expenses incurred as of the date of LESSEE's vacation of the subject property. These utiTities 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 � . '. � ��ii�� IN WI'INESS F, ,the parties hereto have 5et their hands and seals � the day and year in this lease first above written. - � LESSOR� - CITY OF SAINT PAUL MAYOR . CITY CLERFC DIR�JCIC�R OF FINANC�E AI�ID MANAGIIKE�TT SERVICES DEPARZ1�Tr DIRDClOR CITY ATIC)RNEY (F�RNI PROVAL) ===s=====_=====a==a= --=---=-=-----=====s=====aexa=o=s===�n====xooxa=�==eaa== �S'�'i IZ5 � � I� - - - ITS � ��E) . 11 e LESSOR NOTARY , � STATE OF MIla1F�SOTA ) . ) ss. OO�JNTPY OF R�1M.SEY ) 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 5aint Paul. Notary Public . The foregoing instrument was acknowledged before me this day ---•— of , 19 , by Albert Olson, Cit� 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 ackn�wledged before me this day Edward Warn of , 19 , by ��c, Director of Finance and Management Services of the City of Saint Paul, a municipal corporation of the State of Minnesota, � behalf of said City of Saint Paul. Notary Public 12 . _ � ' � ��/�d LESSEE NC)TARY STATE OF MINbTESOTA ) ) ss. COUIVi'Y OF RAM.SEY ) The foregoing n�trument was acknowledged before me this day of . , 19 , by its ' Notary Public 13