84-324 WHITE - CiTV CLERK �
PINK - FINANCE G I TY O F SA I NT PA IT L Council '/
CANARV - DEPARTMENT File NO• �• -���
BLUE - MAVOR
�
REI'URN COPY TO VALUATIONS Council S�`u�Z
D NIS ION ROOM 21 .
�
Presented By
Referred To Committee: Date
Out of Committee By Date
BE IT RESOLVED, That the Council of the City of Saint Paul does
hereby authorize and direct the proper City officials to execute on behalf
of the City a f ive (5) year extension of a real property lease agreement,
F.M.S./7, between the City and Payne-Minnehaha Community Council allowing
the erection and maintenance of a sign expressing the self-pride of the
Railroad Island neighborhood on a City owned vacant lot bounded by
Lafayette Road, DeSoto Street and Tedesco Street and legally descr ibed as
follaws: �
Subject to Street, that part lying north
of Tedesco Street of Lot l, Block 11, Warren
ancl Winslaw's A�.7dition to the 7.bwn of St. Paul.
COUNCILMEfV Requested by Department of:
Yeas Nays �
Fietcner Fina & gemen Services
Drew In Favor
Masanz
Nicosia
scheibei _ Against BY Director
redesco
Wilson
Adopted by Council: Date �R �` � 198� Form Appro d by City Attorn
G �
Certified Y s b C cil S ar BY � �
By
t#pproved b � vor. Date _ �A — 9 ���� APPr e by Mayor for Subm' si to Council
By B
�
f� uB�ESN� � Ma 1� �98�
~ C,i� ��'��
Services
Fir�nce & Management �EpARTt•tENt
�� ��
Dave Nelson „ ,�„rONTACT . �
298-5317 ptiONE �^ �"1 � �, �
�� t �� � �
February 14, 198�+ OATE �
(Routing and Expianation Sheet)
Assic� Nur�er for Routinc�„Order {Clip A11 loc_ations for Ma�y,cral Si�t re):
_,,�„ oepart�nt D�rectar ��g 21 i984 RECEIVED
OFFICE OF THE DIR�CTOR FEA 1 7 �
2 City Attarney DEPARTMENT OF �MANCE
Mayar AND MANA E�:�IV�v'lCES
,_,_„ F��ance an� t�tana�� er��ces oi ECEIV�� CITY ATTOR��FY
� city c� � . �. 6 1 '�1984
`��: or FEB d C �$� ,
--�— MAYOR S OFFICE
6 �"ine�ee- Lease M,ana.�ement MAYOt�'S OFFICE
r...� .. .., �.�. �.,.�-
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�hat Wi17 be Achieved b Takin Action on tt�e Attached Mat�rials? Pu s�se Rationale :
A 5-year extension of F.M.S..�7 between the City and Payne-�Iinnehaha C�mmun3.ty
Council allvwing a sign expressing the self-pride of the Ra3lr+oe,d Island
neighborhood on a City �rned vacant lot.
Financiai , 3ud9etan� and Perscnnel Impacts Anticipated: .
.r....,..`_.._�.____�..�_. . —�--�--
None
Fundin9 Saurc� and Furtd ActivitY Numlaer Charc�d or Credit�d: _ _
+.�rr�. ..�...�.w+.�.++w� �.��
N�A �
Rttachments (List at�d N�nber ai1 Attac.ha+ents}: _
l. Council Resolution to be consider�d
2. Copy of I,ease Agreement F.M.S./7
3. Reports of Valuation Engineer and Budget Director
DEPAR7MENT REYIE�I CITY ATTORNEY REYIEW
x Yes No Council Resolution Regaired? Resoiut�on Required? Yes No
�
x Yes No Insurance ltequired? Insurance Sufficient? Yes "do
Yes Na Insurance Attached?
Revision of October, 1�8�
(�ee Reverse S�de far Ins�ructions)
• ' � GF �y- 3q'il
Form Date: 3/25/83 �
AUTHORITY (C.F, or A.O.� � CIIY OF SAINT PAUL
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A�• ;
LEASE N0. o r � P���
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♦ � .
F.M.S./7 FINANCC DEPT. LF.�iSE N0. • �••• �� (.FASE AGREE�IT
DATE
December 6, 1983 •
LESSOR
City of Saint Paul
CITY DEPARTMENT
Finance and�Management Services
LESSEE
. Payne-Minnehaha Community Council, hereinaEter referred to as
"Payne-Minnehaha."
ADDRESS
715 Edgerton Street, St. Paul, MN. 55101
WITNESSETH
That the LESSOR, in consideration of the payment of the rent
hereinafter specified to be paid by the LESSEE, and the covenants and
agreements lierein contained, does hereby lease, demise and let unto LESSEE.
�
, PREMISES
ADDRESS
A vacant lot bounded by Lafayette Road, DeSoto Street and Tedesco Street
LEGAL DESCRIPTION •
Subject to Street, that part lying north of Tedesco Street of Lot 1, �
Block 11, Warren and Winslow's Addition to the Town of St. Paul.
Hereinafter referred to as "premises".
See Exhibit "A" Plan or map of leased area .
TYPE OF PFOPERTY (VACANT LAND/BUILDING) SOUARE FOOTAGE
Vacant land approximately 1,500 square feet
, TERM ' .
TERM (MONTHS/YEARS) COMMENCING DATE ENDING DATE
5 Years December 6, 1983 December 5, 1988
;d; th the rigtit of termination in both LESSOR and L�E'SSEE as hereinafter set forfh.
° � � �F �y-�3-?�/
. ,
This Lease is sub�ect to the following covenants and agreements
�` by LESSEE. ,
COVENANTS AND AGREEMENTS BY LESSEE
(1) Purpose and Use. Tiie premises shall be used and occupied by
LESSEE for the fol]owing purpose: erecting and maintaining a sign expreasing
xhe self-pride of the Railroad Island neighborhood.
and for no other purpose without 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 below:
TOTAL RENT PAYMENT SCHEDULE
During Lease Term (Monthly/Annually - Commencing Date - $ per Period)
$1.00 and other valuable consideration
LESSEE shall make all payments to LESSOR to the following address:
NO
The applicahle account number for CITY FINANC�: ACCUUNTING CODIs LS:
xx
(3) Insurance Requirement. LESSEE shall furnish and maintain durinR
the term of this lease agreement a certificate of insurance in the amounts
stated below. LESSEE shall have the option of obtainin� an owne�s protective
policy for this specific lease naming the City as an additional insured or
naming the City of Saint Paul as an additional insured on LESSEE'S existing policies.
COMPREHENSIVE GENERAL PUBLIC LIABILITY:
Minimum Coverage each occurrence M�n�mam-Eoverage-aggregaEe
$ B.I. & P.D. $500,000.00 $ xx
AUTOMOBILE LIABILITY: '
�linitnam-eovera�r eaci�-oeen�rene c H#n#�►n�n-6eve�age-a���ega6e
$ xx T_ $ xx
PROPERTY:
iYfi�imu�Eo�re�age-s�iai�-be-�.09�6-e�€-Re�lac emQUt-Il�1 tie
$ xx
(a) Prior to execution of this lease the LESSEE shall furnish a
certificate of insurance to the City for approval. If LESSEE fails to
comply with the requirements of insurance, LESSOR may obtain` such insur'ance"°"�,'._"' '_�"-
and keep the same in effect and LESSEE shall pay LESSOR the premium costs �
thereof on demand.
(4) Rent and other Payments. LESSEE shall pay LESSOR said rent as
hereinabove provided, and in addition thereto, to pay, when due, as additional
rent, all water, electric,gas and other lightin�, heating and power rents, all
taxes general or special, all public rates, dues, charges of whatever nature and
2-
, � . ��" �y-�y
special assessments of every kind which shall become due and payable upon
�- said real estate or improvements thereon during the term of the lease.
�Nothing herein shall prohibit LESSEE from reasonable contesting the levy
of any such tax); and 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 either party at any time during the term
hereof by giving the other party notice in writi.ng 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 terminat3on shall become effective. In
the event of such termination any unearned rental paid by the LESSEE shall
be returned to LESSEE 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, and addressed as follows: The LESSEE at address above stated
on page 1 and to LESSOR, City Lease Management, 218 City Hall, St. Paul,
Minnesota 55102 and Rent Payment location as stated on Page 1. The
address to which the notices shall or may be mailed as aforesaid to
either party shall or may be changed by written notice given by such
party to the other, as hereinbefore provided, but nothing herein contained
shall preclude the giving of any such notice by personal service. �
Assigr�ment and Subletting LESSEE shall not assign or sublet this
lease, and�not to make or cause any al.teration to be made in or on said property,
without the written consent of the LES�OR.
�8� Repairs, Alterations and Maintenarice It is speci£ically agreed and
understoo that LESSEE shall not make any improvements or repairs to or on said
premises of any nature whatsoever without proper written consent of LESSOR. LESSEE
hereby specifically covenants and a�rees to maintain the premises in good order
and condition at his own cost and expense.
(9) Payments in C�se of. Defaiilt LESSF.E st�all pay I.RSSOR all cost4 and
expenses, including attorney's fees in a reason��ble sum in any actian brought
by LESSOR to recover any rent due and unpaid hereunder, or for the breach or
default of any oF the covenants or a�;reementr� contained i�n this lease, or to
recover possession of said property, wliether. such action progresses to judgment
or not.
See Article No. 18, .Page S.
XXX�t� �C�XX
X�XX�Ll4�RX�t�i[l�XXX�#XD��{2[2CYDiD{X� KK�7i�K�38�CXXXXXXX
XRRJ#�Il�Ifi�RRX4i�X�#7C�XI�X�€XXXX�XJCKX}C�Ip4�D(KK�C(��CCC�C}CKOQ�SGR�CX
�[�4FM�i�IYKY��i}C!(i�}€�IX�{�iEK�,EX��fDIX��7CX�f�d�7{�SdL7{$�X�(�{,��X���X
(11) Indemnity. The LESSEE indemnifies, defends,-s�aves and holds harauless
the City of Saint Paul and any agents or employees thereof f�om all clai�.s,
demands, actions or causes of action of whatsoever nature or character,
including but not limited to negligence on the part of the City of Saint Paul,
its agents or employees, arising out of or by reason of the lease of the herein
described premises by the LESSOR to the LESSEE or the condition of the premises,
it being fully understood and agreed that LESSEE is aware of the leased premises
and lease the same "as is".
(12) Hold Over. Should 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, sub3ect otherwise
to all of the terms and conditions of this lease so far as applicable.
(13) Controllin�; Lease. In the event there is any prior existing
lease or rental agreement between LESSEE and City (or its predecessor in
-3_
_ _�.�.���-��.,�.-1�.r�.,.��,�,�:�:.�u
interest) covering the subject property, it is agreed and understood that
` this lease shall cancel and terminate said prior lease or rental agreement
as of the effective date of this lease.
(14) Compliance with Laws. The property described herein may be
used �or only the purposes stated herein; however, 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 not relieve the
LESSEE of the obligation to pay the rental provided herein.
(15) 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 covenant running
with the land, that (1) no person, on the ground of race, color, sex, or
national origin shall be excluded from participation in, be denied the
benefits of, or be otherwise sub,jected 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 first-tier
subcontractors, and by first-tier subcontractors in the selection and
retention of second-tier subcontractors, (3) that such discrimination
shall not be practiced against the public in their access to and use of
the facilities and services provided for public accommodations (such as
eating, sleeping, rest, recreation, and vehicle servicing) constructed
or operated on, over, or under the peace of the �ight-of-way, and (4) that
the LESSEE shall use the premises in compliance witti all other requirements
imposed pursuant to Title VI of the Civil Rights •Act of 1964, and Title 49,
Code of Federal Regulations, Part 21, Administrative Code 183.04 and as said
regulations may be amended.
That in the event of breach of any of tlie above nondiscrimination
covenants, the City shall have the right to terminate the lease and to re-enter
and repossess said land and the facilities thereon, and hold the same as if
said lease had never been made or issued.
(16) Amended. Anything herein contained to the contrary 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/REMEDIES
Failure by LESSEE to observe or perform any of the covenants and
agreements provided herein shall constitute a default. In such event LESSOR
may exercise any one or more of the following remedies:
(T) 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, snother person for the account of LESSOR: •
(2) terminate this Lease, exclude LESSEE from possession 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 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 LESSEE;
(5) exercise any remedies available to iC under the Minnesot�a-.-- �
-4- _
, � . G�'F �'y-32��
Uniform Comonercial Code;
� (6) take whatever action at law or in equity may appear necessary .
or appropriate to collect the Rent and additional Rent then due and tliereafter
to become due, or to enforce performance and observance of any obligation,
agreement or covenant of the LESSEE 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 LESSEE is responsible under this Lease.
(8) No remedy herein conferred upon or reserved to LESSOR intended
to be exclusive of any other avilable 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 in equity by
statute. No delay or omission to exercise any right or power accruing upon
any default shall impair any such right or power or shall be construed to be
a waiver thereof, but any such right and power may be exercised from time to
time and as often as may be deemed expedient. In order to entitle the LESSOR
to exercise any remedy reserved to it in this Provision, it shall not be
necessary to give any notice, other than such notice as may be herein expressly
required.
THE FOLLOWING SPACE BELOW IS PROVIDED FOR ANY ADDITIONAL PROVISIONS OR REQUIREMENTS
(17) Any change or alteration of the existing sign, or its place-
ment shall require the written approval of the Director of the Department
of Public Works.
(18) Upon termination or expiration of this lease Payne-Minnehaha
shall remove all improvements or objects from the Premises and shall peace-
fully surrender said Premises to the City in the same condition as exiated
prior to the leasing of the Premises to Payne-Minnehaha, and that Payne-
Minnehaha thereafter shall have no claim or right to the premises. '.
' �
-5-
� . �r �y-.�y
IN WITNESS WHEREOF, the parties hereto have set their hands and
4 seals the day and year in this lease first above written.
LESSOR - CITY OF SAINT PAUL WITNESS:
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MA OR
CITY CLERK
DIRECTOR OF FINANCE AND MANAGEMENT
SERVICES
DEPARTMENT DIRECTOR
CITY ATTORNEY (FORM APPROVAL)
LESSEE WITNESS:
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CITY OF SAINT PAUL
INTERDEPARTMENTAL MEMORANDUM
'Po: Mayor George Latimer and
Members of the City Council
Fram: J. William Donovan
Valuation and Assessment Engineer
Date: February 14, 1984
Subject: Valuation Engineer's Report on Real Property
Lease Agreement No. F.M.S./7
Pursuant to Chapter 51.01 (9) Lease of City Property, I have examined the
above referenced agreement. The property to be leased is a vacant lot
bounded by I,afayette Road, DeSoto and Tedesco Streets. The total rent to be
paid to the City during the 5-year term of the lease is $1.00 and other
valuable consideration.
My reco�iendation is for approval of F.M.S./7.
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CITY OF SAINT PAUL
INTERDEPARTMENTAL MEMORANDUM
To: Mayor George Latimer and
Members of the City Council
FraHn: Greg Blees ��/��
City Budget Director
Date: February 14, 1984
Subject: Budget Director's Report on Property Lease Agreement No. F.M.S./7
Pursuant to Chapter 51.01 (9) Lease of City Property, I have examined the
above referenced agreement. The total rent to be paid to the City during
the 5 year term of the lease is $1.00 and other valuable consideration.
My recomnendation is for approval of F.M.S./7
JWD:DN:dm
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