277666 WNITE - CITY CLERK �yy���aaacyy� /�y
PINK - FINANCE T♦ �l' 1���`�,
CANARY - DEPARTMENT G I TY OF SA I NT �A V L COUflCIl �r �r ��I
BLUE - MAYOR
City Attny/PBB � File N 0. ,
Resol�tion
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, that upon the recommendation of the valuation
engineer pursuant to Section 51. 01 (9) of the 5aint Paul
Administrative Code, the attached proposed lease of city
property is hereby approved.
i
COUNCILMEN Requested by Department of:
Yeas Nays
Hunt
Levine In Favor
Maddox �
McMahon B
snoWaiter - __ Against Y
Tedesco
aAli�aOTr ��p�
NOV i 0 �° Form Ap roved by City Attorney
Adopted by Council: Date — . .
CertifiE:d •5 by Counc� Se ary BY / '�+ '
By
Approv by Yla or: Date �QV 1 3 y� App d by Mayor o issio to Council
By _ —
PUBLISHED N 0 V 2 1 1981
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� NORTHWESTERN
- BANK BUILDING COMPANY
October 20, �9s� REC:EIVED
NOV � 1981
CITY �ATTORNEY
Department of Planning F� Economic Development
City of Saint Paul
25 West Fourth Street
Saint Paul, Minnesota 55102
Attention: Mark Senn '
Dear Mr . Senn:
Northerly Centre Corporation requests , as per the Lease
Agreement between Northerly Centre Corporation and the
City of Saint Paul , dated October 20 , 1981, the approval
to sublease the space outlined in Exhibit A of the Lease
for the use of a popcorn wagon.
Very truly yours '
�
.��t
W. ames Thomson
Vice President � Secr,�tary
Building Manager
Agent for Northerly Centre Corporation
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840 Northwestern National Bank Building • St.Paul,Minnesota 55101 • 612-227-8749
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CITY OF SAINT PAUL
INTERDEPARTMENTAL MEMORANDUM
To: Council President Ruby Hunt and
Members of the City Council
From: J. William Donovan
Valuation and Assessment Engineer
Date: November 6, 1981
Re: Idorthwestern Bank Lease of Small Area in Skyway
I have reviewed the attached lease and recommend its approval by the
City Council. Revenue f`rom the lease area will be used to offset
mainter�.nce costs for Capitol Centre Plaza.
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❑ note and file � recommendation'a�
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' , OM �l: 32/19 '
Rev.: 9I8/76 .
. Rev. :' 5/7/80
EXPLANATION OF ADF4I#ISTRATIYE ORDERS, Rev. : 4/30f8
RES�LUTIONS AND 0l�INANCES
Q�tG: November 3, 1961
RECEIVED
. T0: Mayor Lat�i.mer �OV 4 �9�}�
FROM: �'�� Senn, D�wntown Operations �G/���� �YQ��� `�.
�; N.W. B�nk Lease of Sma11 Ar�a in Skyway Essement Area
ACTION REQUESTED:
City Council Adoptio�of Attached Resolution
(Apgroved as to Form-City Attorney)
��PProved by Valus�ions Eng�.neer)
� PURPOSf AND RATIONI�t.� FOR THIS ACTION:
-�ermit inereased public activitg in Capitol Centre Skyway Area without
causing a public detriment and is not incansis�ent with the sicyway
public purpose.
-N.W. Bank .requests this oae year lease of an i�ol�.ted port3:oa of the skyway
easement for � commercial uae - Popcorn Wagon of �raditional design.
.
FINANCIA! IMPACT: _ �
N.W. B�nnk wi�ll dedicate lease revenues to the ma:intenance costs: of Capitol Centre
Plaza.
ATTIICHMENTS:
Council Resolut3on
Lease Agreement
. ,
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L E A S E
THIS LEASE is made and entered inta this 2pth day of
October , 1981, by and between the CITY OF SAINT
PAUL, a municipal corporation, hereinafter referred to as "City" ,
and NORTHERLY CENTRE CORPORATION, a Minnesata corporation, her�in-
after referred to as "Northerly. °
The City and Northerly agree and recite that:
1. Northerly is the owner of certain improvements con-
structed on all or parts of Lots 5, 6, 11 and 12 , Block 9,
City of Saint Paul (as well as on other lots in said Block 9) .
2. Such lots (and others) are subject to an easemeMt
granted by Northerly's predecessar in ownership to City,
for a pedestrian concourse system for the use and benefit
of the public as a public way for pedestrian transit through
portions of Northerly's building on said lots . Doc. No.
1819301.
3. The pedestrian concourse system, while maintaining
its principal function as a ��ay for people to m�ve quickly
and in comfort through the downtown area, can be benefitted
by uses which enhance the living environment and serve the
public' s needs for diversity in downtown Saint Paul.
4 . The City is agreeable to leasing a certain limited
portion of the easement for the pedestrian concourse system
to Northerly for uses which are consistent with and enhance
the purposes for which the easement was conveyed; and Northerly
is agreeable to undertake in its turn to sublease said portion
far such uses.
I.
� ! ,
Leased Prenises, Description and Term
In consideration of the mutual promises and undertakings herein,
the City does hereby lease to Northerly that certain portion of its
Easement (which Easement is described in and recorded as Document No.
1819301, office of the County Recorder) , which leased portion is
shown on the attached Exhibit A and is hereinafter called the
"Leased Premises. "
The term of the lease shall be one year, commencing on the
1s� day of Nove�nber , 198�, unless saoner terminated
as provided in this lease.
Such lease may be terminated by the City upon 60 days ' written
. notice delivered to the office of Northerly's building manager, if
the City reasonably determines that any use or sublease of the
�
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Leased Premises is inconsistent with the public use of the pedest�ian
concourse system. • Such lease may be terminated by Northerly upon
written notice .delivered to the office of the Director of the Depart-
ment of Planning and Economic Development. � Any and all costs or
damages resulting from termination of the lease sha11 be borne by
Northerly or its sublessee_
II.
Use and Sublease of the Leased Premises
Northerly is expressly permitted to use or sublease the Leased
Premises for uses consistent with the purposes ot the pedestrian
concourse system, and shall apply a�y lease revenues against its
� costs for operation and maintenance of the adjacent Capital Centre
Plaza. Northerly agrees to submit to the City, before entering into
any sublease or changing the use of the Leased Premises , a written
statement as to the use of the Leased Premises or any sublease there-
of for review and approval by the City. Northerly shall not enter
into any sublease of or change the use of the Leased Premises with-
out the approval of the City.
III.
Insurance
�:� ;
,
Northerly is obligated by that certain Contract for the jale of
Land for Private Redevelopment dated October 14, 1965, between the
HRA, City and Davidson-Baker Co. , Northerly's predecessor in interest,
to
" . . . secure and at all times carry a public
liability policy with rninimum coverages of
$50, 000 to $300,000 for personal injury and
$5,000 for property damage. This insurance
policy shall name the Authority, the City and �
the Redeveloper as insured against any claim
for injury or damage arising out of the opera-
tian, use, maintenance or repair of the pedes-
trian concourse system. "
Northerly will herein provide written assurances, in a form
satisfactory to the Office of the City Attorney, that either its
insurance pursuant to the above Contract, or its blanket liability
policy for its building, names the City as an additional insured
for any and all risks or liability arising out of or connected
with the use or sublease of the Leased Premises.
� ������
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IV.
Improvements
Northerly or its sublessee shall not construct any improveme�ts
on the Leased Premises without the express written consent of the
City. Removal of such improvements required by termination of
this lease or any other cause shall be the responsibility of
Northerly or its sublessee.
' V.
General Provisions
Nothing contained in this Lease shall release or alter any
existing obligations of Northerly with respect to the operatian,
maintenance and repair of the pedestrian concourse system through
its building .
CITY OF SAINT PAUL
By .
Mayor
By . . . .
Director, Department of Planning
and Economic Development
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,
By . . . . . . . . . . . � . . . .
Director, Department of Finance
APPROVED AS TO FORM: and Management Services
�• � I/'3�� gy . . . . . . .
Assis ant Ci Attorney City Clerk
STATE OF MINNESOTA )
) SS. � �
�
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this
day of , 1981, by GEORGE LATIMER, Mayor of the City
of Saint Paul, a municipal corporation of the State of Minnesota,
on behalf of the City of Saint Paul .
Notary Public
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STATE OF MINNESOTA )
) 55.
COUNTY OF Ft�1MSEY )
The foregoing instrument was acknowledged before me this '
day of , 1981, by JAMES BELLUS, Director of the
Department of Planning and Economic Development of the City of
Saint Paul, a municipal corporation of the State of Minnesota, on
behalf of the City of Saint Paul.
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this
day of , 1981, by BERNARD J. CARLSON, Director of
the Department of Finance and Management Services of the City of
Saint Paul, a municipal corporation of the State of Minnesota, on
behalf of the City of Saint Paul.
Notary Public
STATE OF MINNESOTA }
) SS.
COUNTY OF RAMSEY ) �
The foregoing instrument was acknowledged before me this
day of , 1981, by ALBERT B. OLSON, City Clerk of the
City of Saint Paul, a municipal corporation of the State of Minnesota,
on behalf of the City of Saint Paul .
Notary Public
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NORTHERLY CENTRE CORPORATION
By ,,�.� C�, � c�.��
Its �`�}
�i ��-
By
Its
STATE OF P�iINNESOTA )
) SS.
COUNTY OF �7�S�-Y . )
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On this ` �� day of ���,�� } n , 1981 before e a
tary public within and for said County, appeared t��-�,Q�
;�,,Q�'.LQ.. and � r ,
to me personally known, who,�eing ,by me uly sworn, did say that
they are respectively the and
o� the NORTHERLY CENT CORP TION,
and that �aid instrument was signed by authar� y pf ' ts ,,
� , � .�,� , and said�` �}v �
an acknowledged id instrument was the
free act and deed of said corporation.
������.�-�� ��,�-��--�-��
� Notary Public
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a�5K- �lOTARY PU6LtG—M1NNF50Y.; "
HENNcPIN CU:.'N7Y
j M1y commissiort expires Jan.25,Sy:s.;
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