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84-563 WHI7E - CiTV CLERK PINK - FINANCE G I TY OF SA I NT PAU L Council CANARV - DEPARTMENT J/�� r7 / BLUE - MAVOR File NO. v -`� � RETURN COPY TO VALUATIONS �ou il R olution DIVISION Room 218 � � Presented By Referred To Committee: Date Out of Committee By Date B� IT.RF�SOLVID, That the Council of the City of Saint Paul does hereby authorize arHd direct the pr�per City Officials t�o execute on behalf of the City a five (5) year extensi� of a real property lease agreement, P.W./13, between the City and Snelling-HaQnline Conmunity Gouncil allawing an urban garden on a city o�wned vacant lot bouncled by Hamline Avenue, Ashland Avenue and the Short Line R�aad and leqally described as follaws: Block 26, Anna E. Raomsey's P�7ition, IIztargement of, to Saint Paul, Minnesota COUNCILMEN Requested by Department of: Yeas F�etcher Nays Finance and Management Services Drew � [n Favor Masanz � Nicosia Di r8 C tO r scneibe� __ Against BY Tedesco Wilson MaY - 3 1984 Form Approv City Attorney Adopted by Council: Date Certified as•ed y Counc'1 Se ar ' BY C ` � By �pp by iNavor: Date �` — � � �`g Ap by Mayor for Su is ior�_ to Council B B .�UBIISNfD �„��` 4� �^�� - (.�- ��'"��o� _ RFCEIVED �y.,�. ��i�iVED APR 2 0 19.84 APR � 31984, Fituac� AR?i�NT OFFICE OF TH . R AY�R'S OFFlCE Dave lTdro� ,t�T DEPARTMENT F F NC� 29 • 7 � . M aNONE ��,�� ril 17, 1l86 DATE � , . (Routi ng ar►d Exp 7 u�atf a�n Sh�) , ; _ t N r for a r � C7 i A� 4�at�aas �r Mht � : ��€tsr't�l�1t Qi rlCt�4�' Pablic Works �(�� , � Q��2-' �(�'aU� ,.�,�;;; ct�r A�Y f� l�t.�-e. �t.cs w�'oz.e' � r �' t�qa�rrtft�a�a►r RECEIVED C,4U�(-�. �(�� ,C.C,Q, F#nit�re �td M��t See�te�s Of ra�r ,,,6, C��y t7� AP R `� 5 'i984 � �- �1��" u9;�.e.�.� ,.. ,�,.. �8�r#�et E�trscoar- . MAYOR'S OFFICE �S��x.C�' .��,e�.s � _ : 7� , F�.�utnce. - Lex�e Msnageaent ,,;�+'� _ l.�' ��t G�/ _....,..,, �1� ,�y'' S3/ � ' i� .1 . .,� T � f� � : A : t A 5-year extens3�oa of P.W./13 betWeea the_ City a�nd S�e111ag-lia�line�Coornuity H�uncil allovi�g ss Orbaa gaxden on a City-oNned vacast lot. : �; '� , A�t`C'EG'� " None � ; f f rI , r or - N/A . _ - . � ��.f. �1d !lrMabl�r ail �: 1. Council Yesolutioa to be considered • 2. Copy of �eaae Agree�aent P.W./13 3. 8epmrta of Valuation Engiaeer � Budget DirecWr CfPOt�tT`�!T _t�EYt€�1 " �I't'Y X�'TC�tIl�1f� ��E�i' . . �,rrw.i...i,r�.,r . _ . _ . _. . . .........�. . . �, . . � . . �%, Yes ,,,w„�,_ ►�b Ga�ci j :R+esoi�rtf�t R�uf r�d? titsat utfo�r R�tM r�e�'� „�,w, `��s ,,,,�,,,,, !!�► � � Yts ,,,,�,�, i�1u It�su�aa�ce Rsqtri red? It�e�e� �i cf�? �,,,,,, Y�s „�,_,,, t�o ...�. Yes ,�,,.,,, No Itr�vr"ssresee Atl�ad�td? _ � t�erf s#t� af fl�ober, t 9�2 . : c,� �� t�t�s� �- : : �a F- �y_ s�� :°'�� " ��:�� CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM 'Ib: Mayor George Latimer and Members of the City Council Frosn: J. William Donovan Valuation and Assessment Engineer Date: April 17, 1984 Subject: Valuation Engineer's Report on Property Lease Agreement No. P.W./13 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 Hamline Avenue, Ashland Avenue and the Short Line Road. 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 reconmendation is for approval of P.W./13. JWD:DN:dm ��r: . .„ c�_ �-5� � :'''��E �:;�° �� CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM 'Ib: Mayor George Latimer and Memb�rs of the City Council Fram: Greg Blees City Budget Director Date: April 17, 1984 Subject: Budget Director's Report on Property Lease Agreement P.W./13 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 P.W./13. � DN:AB:dm w�r,^._ ` (s� ��°� � � � Form Date: 3/25/$3 AUTHORTTY (C.F, or A.(1.� � CIIY OF SAINT� PAUL �...., S�` � �.r•.AS� N0. • � REAL PR(�ER�fY + � � �=i°u � P.W. 13 FINANCL DEP7'. 1.1:ASI: N0. •�,,,�•• � I�ASE AGREErE-7VT DATE ' LESSOR City of Saint Paul CITY DEPARTMENT Public Works � � LESSEE � Snellinsz-Hamline Community c'��,n�t1 � . ADDRESS 113 North Saratoga Street. Saint Paul. MN 55104 WITNESSETN That the LESSOR, in consideration of the payment of the rent hereinafter specified to be paid by the LESSEE, and the c.ovenants and agreements l�erein contained, does hereby lease, demise and let unto LESSEE. PREMISES ADDRESS The area bounded bv Hamline Avenue' " '�'^�a "°�^••° and the Short Line Road_ ' LEGAL DESCRIPTION Block 26, Anna E. Ramsey's Addition Eniargement of, to Saint Paul, Minnesota Hereinafter referred to as "�remises", , See Exhibit "A" Plan or m.ip af lcasect �rc�a TYPE OF PROPF.RTY (VACANT T.AND/BUILDING) SOUARF•. FOOTAGR V��ant iand __ M_ 42 700 s4uare feet _ TERM " � TERM (MONTHS/YEARS) - COMMENCING DATC ENDING DATE � 5 vears Mav 1. 1984 April 30. 1989 ;d;th the rigt�t of termination in both LESSOR and LESSEE as hereinafter set forth. � - . �� -�--�� This Lease is sub,ject to the following covenants and agreements by LESSEE. C09ENANTS AND AGREEMENTS BY LESSEE (1) Purpose and U�e. 'i'�ie premises shall be used and occupied by LESSEE for the followin� purpose: Urban Garden Pro�ect and for no other purpose without the priar 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 Pollowin� address: Not annlicabl,� -- Th� applicahle ac.count numhc.�r for CITY FINANCI: ACCUUNTING CODi: T.S: . N/A (3) Insurance Requirement. LESSEE shall furnish and maintain durinR � the term of this lease agreement a cextificate of insurance in the amounts • stated below. LESSEE shall have tfi�e option of obtaininR an owne�s 'prntective 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 existin� poiicies: COMPREHENSIVE GENERAL PUBLIC LIABILITY: Minimum Coverage each occurrence Minimum Covera�e ag�re�ate $ B.I. $500,000 $ � � and �. • � AUTOMOBILE LIABILITY: • Minimum Coverage each 'occurrence Minimum Covera�e a��;regate $ XX S � PROPERTY: Minimum Coverage shall be 100! oF Replacement Value $ 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 insurance � and keep the same in effect and LESSEE shall pay LBSSOR the premium costs thereof on demand. (4) Rent and other Pavments. LESSEE shall pay LESSOR said rent as . hereinabove provided, and in addiCion thereto, to pay, when due, as additional rent, all water, electric,�as and other li�htin�, heating and power rents, all taxes general or special, all public rates, dues, charges of whatever nature and -2- � , , f �� 'l-�� special ass�ssments 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 emplayees, 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 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 shall become effective. In . the event of such termination any unearned rental paid by the L�SSEE 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. � � Assir;nment and Subletting. LESSEF, shall not assign car 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 LESSOR. �8� Repairs, Alterations and Maintenance. It is specifically agreed and understoo that LGSSEE shall not make any impr�vements or repairs to or on said premises of any nature whatsoever wi.thout proper written consent. of LESSOR. LESSEF. hereby specifically covenants and a�rees to maintain the premises in �ood order and condition at his own cost and �expense.� • (9) Pay�ents in �ase oE Def�1u].t. I.ESSh:E shall pay 1.i;SSOR all costs and � expenses, includi'ng attorney's fee� in a reasonable sum in any ��ction brought by LESSOR to recover any rent due and imPaid I�ereunder, �r for tl�c k�reach or default of any oE the covenants or a�;reements contained in this ].ease, or to recover possession of said property, whether sucl� acCion pro�resses to jud�ment or not. (10) Surrender of Premise. 'fhc LESSf:E, at the expiration of said t�rm, or any sooner termination oE this lease, to quit peacefully and surrender possession of said property and its appurtenances to LESSOR in as �ood order and condition as the pro�erty wa� delivered to tlie undersigned LI;SSEB. defends, (11) Indemnity. The LESSEE indemnifies�/ saves and holds harmless � the City of Saint Paul and any agents or employees thereof from all claims, demands, actions or causes of action of whatsoever nature or character, includfng 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 here�.n described premises by �he 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. Shoulc3 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 anly from month to month, subject otherwise to all of the terms and conditfons of this lease so far as applicable. (13) Controlling Lease. In the event there is any prior existing lease or rental agreement between LESSEE and City (or its predecessor in _3_ . . �/ � �/.5�3 , 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 for only the purposes stated herein; however, it is the sole and exclusive res{�onsibility 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. Enability or fai�ure on the part of the LESSEE to comply with any of said laws, rules, regulatio.ns or ordinances will not relieve the . LE$SEE of the obligation to pay the rental provided herein. � (15) Non-Discrimination. The LESSEE for himself, his personal �epresentatives, successors in inteXest, and assigns, $s 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�ected 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 coritractars, by contractors in the se}.ection, and retention of first-tier � subcontraEtors, , 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 tlieir access to and use of the facilities and services provided for public accommodations (such as eating, sleeping, rest, recreation, and vehicle s�rvicing) constructed or operated on, over, or under the peace of the right-of-way, and (4) that the LESSEE shall use the premises in compliance with 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 the above nondiscrimination covenants, the City�shall have the right to terminate the lease and to re-enter and xepossess 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 Failur� 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: . (1) reenter and take possess�on of the Premises without termination of this Lease, and use its best efforts to lease the Premises to, or enCer into an agreement wit�►, another 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 ac.cordance 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 5uch terms and conditions as the LESSOR, in its sole discretion, shall determine and apply the proceeds of such sale iess any expenses thereof for the account of the LESSEE; (S) exercise any remedies available to it under the Minnesota -4- . �/_' �'�/-5703 , . , - Uniform Commercial 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 thereafter 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 fn 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 equfty 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 consCrued 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 �S PROVIDED FOR ANY ADDITIONAL PROVISIONS OR REQUIREMENTS -5- Gl� �t/j7o 3 . � IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year in this lease first above written. LESSOR - GITY OF SAINT PAUL WITNESS: MAYOR CITY CLERK DIRECTOR OF FINANCE AND MANAGEMENT - SERVICES DEPARTMENT DIRECT�R ' CITY ATTORNEY (FORM APPROVAL) LESSEE WITNESS: ' f 9 � .�v . n�.. �,�,�.:�.�...� � � .� _ ITS aw�- ��:�� C�. ��,.�,U-. - ITS _ ITS � _6_ j� � ; I � I I . ; � � � /E I ' ' ' Z3 � 26 �� 27 28 ; � �5 I , ' z � Z3 24 � .`O � � '� I9 i 20 2/ � 2 ; �;, , � ' �; /5 /6 � /7 /8 ' � � ; j i ;(��= � .5�� I t � � � � ! _ I 57. j 4 � � � I � � �o _6� . .. I � j 40 � -- 1—.� -� . o .J�� — - —s__._!�._J—. �_ 6¢ �se.zi . h . . , . °� ,� � ---.---- ..--�- .--�--- ..—�-a a a� � ,, �� -- 60 QO , � � 40 'e.a4 ' ts• 177.9/ �I � i I � ; � , j , � ^ � � i ` � ' 6 5 4 3 � 2 � / � /4 � o 'I a��;fr. . Q '0 9 I 8 � I i � / ti �; �' � ! ; � � I I i . f3 � � I � � i p �i � I � I ' � ' ' �-------�_ f1 '' � ._� ! 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G � ' � � � \ j . . _ � � . � � �'• ; � ,.•• ;' ' 4p_�._.. 65 �Z4• � �'"\�=" !%C, j � � �60- � �40 . , .�. . ',� � ,,�� ` o ' �� '� .. �:�----- - —7- .. c;f :4tJ ��, � 9 •,� , er ':T ' •• « I .y . I? \ � ' �,r , 6 .�I I � o IS.BS� � . � l wl i ' � `i (��` \�� \ •, � . �l,1 � ; ; � �� /9 I ZO � 21 22 � ,_ ,�e� \ � � • �� 2 /3 /4 /5 /6 /� /8 � ;, � � �q � — i �'� �� . � ; � o� -� , i �' , I • x.f� � �I� �/f�� ` � � ' ' � ! _ 1��.�� - ♦ �,e° cn ,,n � 49. ,s..s � – � � �o� � , � \ �� . - .. o� �. ° .. . • � • ��..,.a, �`,sa ,zs.�. EXHIBIT "A�� . •� r� • � ' ``•p� • ! . � , � . I . � AREA TO BE LEASED / i � i . � , I 5 ; 4 I3 2 / e . c � � � P , � � �° - � � - ` _ I i v tl � , � . � � ' . ..r' , � y N � � 1 _..._.___._ ._.�. __.._...-------�.--,----� r- _ �.