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276811 WHITE - CITY CLERK � ('� PINK ' FINANCE ��. CANARY - DEPARTMENT . ;l�.A BI.UE - MAYOR GITY OF SAINT PAiTL F1eci1N0. " v� C��T�U ncil Resolution Presented By � Referred To Committee: Date Out of Committee By Date RESOI,VID, That the Council of the City of Saint Paul does hereby authorize and direct the praper City Officials to �xecute on behalf of the City of Saint Paul. a one (1) year extension of a lease agreement between the City of Saint Paul and the State of Minnesota for land awned by the State and located on the West side of I-3� E between Granite and Cayuga Streets, said land to be used for play- graund purposes. (Acker Playground). Consideration for use of the property to be $200.00 anrrually. (May 1, 1.981 to Apri1. 30, 1982) �u;.�-�n y . D�� O COUIVCILMEIV Requestgd by Department of: Yeas Nays Hunt � a ent of ce and Mana em �evine In Favor Maddox � McMahon __ A g31I1 S l B sr'°",�ite� — C�.� ree or � c� Tedesco Wilson MAY 7 1981 Form Approved by City Attorney Adopted by Council: Date — Certified P s_e Counc.il ecretar � r By Approved :Navor: Da e ` ,781 Appr d y Mayor for ssi n to Council By — — BY �t��±►�t3Ea MAY 161981 " ONIOI; 12/1975 : . Rev. : 9/8/76 ` EXPLANATION OF ADMiNISTRATIVE OROERS �� . �- , �L 0 � Date: April 23, 1q81 Tfl: MAYOR GEORGE LATIMER � FR: J, Tiim. Donc+van, valuation �.neer, Dept. oP Finance de I�+f�nt. �ervice� (_$xt. 7019) RE; I�eaee o�' 8tate of I�.nnesota �runk HighWaY 3S-E right-of-xay land to the C3.ty oP �t. Pau1 for the Acl�er Playground site. � ACTiON REQUESTED: Apprave for aub�i.saion to City Council a resolution authorizing the extensioa of the present lease for one (1) Yass'. PURPOSE A1dD RATiONALE FOR Tt�IS ACTION: _ This action wauld continu.� to put what wo�].d otherwiae be uawsed lsnd to sc,aane good use as �►n eatensioa of the Acker Playgra�nd 3ite and at a rste of �200.00 aant�e�].lY• The Depart�ment of Caa�mnuiity 8erv3.ce$ has renrieored the proposed lea�e and concurs. _ RECEIVED ATTACHh1ENT5: APR Z`7 1981 1. �o�uncil 8eaolution OFFfCE OF THE DIRECTOR 2. Propos�d I,esae DEPARTMENT OF FINANCE 3• �� - AND MANAGEMENT SERVlCES y . � ��f��.�. �NNESpT ��tr 420 .�'111711�'SOt�� _ - � Q DE�partment of Trai��sp��rtation ; Q Trapsportation Building .� /.�3�� 4�-1 �`ti �Q° St. Paul, Minnesota 55155 ! T OF TF�P� March 19, 1981 F>�,�,�,�• Z96-3226 Mr. J. William Donovan Valuation and Assessment Engineer 218 City Hall St. Paul, Minnesota 55102 Please refer to: 360 S.P. 6280 (35E=390) 904 *90-457 Lease No. H-3344 Parcels 103, 103A, 104 & 105 - Ramsey County Rent: $?_.00.00 Per 7ear Property Address: West side of T.H. 35E bet. Vacant Land Granite and Cayuga Sts., St. Paul Deer Mr. Donovan: Enclosed are the original and two copies of a lease agreement covering the premises noted abone for the period from May l, 1981 to April 30, 1982. Please have two of the city officials sign each one before two witnesses, and return them to this office as soon as possible with payment for the rent in advance. It will also be necessary to enclose a copy of the city council resolution authorising this action. When duly processed, one copy of the lease will be sent to you for your files. According to the terms of the lease, payment for the rent must be paid in advance. Please make check or money order payable to "Minnesota Department of Transpor- tation", and mail to Transportation Annex Building, 461 Rice Street, St. Paul, Minnesota $5103. If you have any questions regarding this lease, please contact Dennis Martin of the Property Management Unit at 296-1131. Sincerely, ��%S�i� J. H. Ashe Acquisition Engineer Right of Way Operations An EqualOnportunitv Emnlnver , , ' ' , r � � . . f ' .. ��<� 1 IH O`)� ' ' � . . � \ ;� � ��i��' ��. . . _ i I,� ;: `��f+ ,• \,, ..^^% , / % 1 '�I r ,� 4 `1` ��1� , • ; � �Z�� '1 . f . ... �s'. ' �� 1rry • .. � �� ,`�' � 1 • ' � ii�� •• � �'' !� . � / �,r . ii ;o � � � � r ' . %�. � _ . ;' !�� •I' ��. ' , '• %ry.`r , •! ' �. ' , � <�'�� ,� �� .��! r. /� ,' ��.` l� ` _ 1.1�,�, ^�;�3.r� , ! ��+�` _:.1. �: f, , A � -.Y �! • l .� . - -- ii :�: � �• ,�. � .� � r . . r ,S (�T. , � - n l / r�G' , r � I '• / .. • � l. 1• �� r. �� ..... . . � 1 V /� �'v . ,^ �b '• bu}. . ... r .. , 0��. . • �: �'.i . ,'1'�1:f. �. � �. !�. .�r _ � ' � f � ' '�..�,. ;� � • l�. .^� .� y . �� .t •� \\ `•,' . . . . 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RI � /.,:s �GrC> � � , ]! � '�'� .�'o -s`, r ----_-.�L.-- -,�__„J ,�i _ . J �L�� i � ! . � �� "��/��V1�� .-/-"'- -- ...1 . � ,�;,-t�.r' ^----� ., I e�.�tn/DOT 2568(t t-761 LEASE NO. H. 3344 ' s.P' 6280 (35E=390) 904 �90-457 �'�' 7 PARCEL NO$�.��.104 & 105 "" `' �� LEASE THIS LEASE, made this 19thday of t''Iarch _ 1981 ,at St. Paul,Minnesota,by and be- tween the State of Minnesota, Department of Transportation, Lessor, AND City of St. Paul _ Lessee,of St. Paul, Minnesota MailTo: �86 City Hall, St. Paul, Minnesota 55102 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 herein contained, does hereby lease, demise and let unto Lessee that certain pro- perty in the County of RamseY , State of Minnesota, the address of which is _ _West side of 35E between Granite and Cayuga Streets Type of Property: VaCant Land Legal Description: All of Lot 14, Block l, Edmund Rice's Second Addition to the City of St. Paul, according � to the plat thereof now on file and of record in the office of the Register of Deeds in and for Ramsey County. All those parts of the following described tracts lying westerly of a line 28 feet distant westerly of and parallel to the centerline of the west frontage road to T.H. 35E known as L'Orient Street: Lot 15, Block 1, Edmund Rice's Second Addition to the City of St. Paul according , to the plat thereof now on file and of record in the office of the Register of Deeds in and for Ramsey County, Lot 23 and that part of Lot 22, Auditor's Subdivisic No. 8, St. Paul, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Ramsey County, lying east of the northerly extension of the west line of Lot 14, of Block 1, of Edmund Rice's Second Addition to the City of St. Paul. including improvements, if any, for the term of twPlvP ��) �__.months, commsnciny nn the_1s�__day� of May , 19�1, and ending on the.�Qthday of!_ Ar,.�il __, 19$2__, with the right of termination in both Lessor and Lessee as hereinafter set forth, at the total rental of $_200+00 �`___ _ payable to the "State of Minnesota, Department of Transportation", in lawful money of the United States,�►��ewt�►Fy�iflst�au- rnerrts-of-�---------------�advaflee;-op-�ae----------�ay.e��ac,�i-arxl�uer-y-cxwuLh.thau�.afL�c;�xce{�t in9-- that receipt is hereby acknowledged by the Lessor of the sum of $_ ?(X1-DII___from the Lessee, in paynient for the first and last month's rental under this lease. All rental payments shall be delivered to the Dep�rUnent �iT�ansportat�on, • . Annex Office of Finaricial Administration, at the State Transportatio�Building,-Re>ewr3(ir&�.-Rea1-�AA�iwaeseta-6b-1g�. �61 �i�e Street St. Paul, MN 55103. The herein described property is not, at this date, being used for tate ig way purpos�s. Lessee hereby covenants and agrees as follows: ('I) To use the property for the following purposes only; Playground (2) To pay Lessor said rent as hereinabove provided, and in addition thereto, to pay, when due, all water, efec- tric, gas and other lighting, heating and power rents and charges accruing and payable in cannection with said property during the term of this lease; 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 durinc� reasonable business hours tor the purpose of examining and inspecting the same, also to allow to have placed upon said premises, at all times, notice of ��For Sale�� and to allow prospective bidders on the buildings on said premises to enter and inspect the same during said reasonable business hours. (3) 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 sixty (60) days next prior to the date when such termination snall be- come effective. In the event of such termination any unearned rental paid by the Lessee shall be returned to Lessee. (4) All notices herein provided to be given, or which may be given, by either party to the ather, 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: To the Lessee at address above stated and to lessur, Department of Transportation, at State Transportation Building,St. Paul, Minnesota.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. (5) Not to assign or sublet this lease, and not to make or suffer any alteration to be made in or on said property, without the written consent of the Lessor. 1 J � � ��.' (6) It is specificalty agreed and understood that Lessee shali not call on Lessor to make any improvements or re- pairs on said property of any nature whatsoever, but Lessee hereby specifically covenants and agrees to keep the same in good order and condition at his own cost and expense. (7) To atlow Lessor, its agents and employees, to enter into and upon the leased premises during reasonable business hours for the purpose of surveying and testing the soil by usuat methods. (8) To pay Lessor all costs and expenses, incfuding attorney's fees in a reasonable sum in any action brought by Lessor to recover any rent due and unpaid hereunder, or for the breach of any of the covenants or agreements contained in this lease, or to recover possession of said property, whether such action progresses to judgment or not. (9) If any rent shall be due and unpaid, or if default shall be made in any of the covenants or agreements on the part of the Lessee contained in this lease, Lessor may, at its option, at any time after such default or breacfi, and without any demand on or notice to Lessee or to any other person, of any kind whatsoever, re-enter and take possession of said property and remove all persons therefrom, and Lessee waives any legal remedy to defeat Lessor's right of possession hereunder. (10) At the expiration of said term, or any sooner termination of this lease, to quit and surrender possession of said property and its appurtenances, to Lessor in as good order and condition as the property was delivered to the under- signed Lessee, reasonable wear and tear and damage by the elements and other casualties excepted. (11) Lessee shall keep said property insured in the amount of $ None __against fire and extended coverage, and the Lessee will make no claim of any nature against Lessor by reason of any damage to said property in the event same is damaged or destroyed by any cause whatsoever. Such policy shall name the Lessee "as named insured, Lessee" and an endorsement attached naming Lessor as sole Payee, in the event of a loss. (12) The Lessee indemnifies, saves and holds harmless the State of Minnesota and any agents or employees there- of from all claims, demands, actions or causes of action of whatsoever nature or character, including but not limited to negligence on the part of the State of Minnesota, its agents or employees, arising out of or by reason of the lease of the herein described premises by the Lessor to the Lessee. (13) 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 montti, subject otherwise to alt of the terms and conditions of this lease so far as applicable. (14) In the event there is any prior existing lease or rental agreement between Lessee and State (or its predecessor in interest) covering the subject property, it is agreed and understood that this lease sfiall cancel and terminate said prior lease or rental agreement as of the effective date of this lease. (15) The property described herein may be used for any of the purposes stated in Paragraph 1 above; 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 wfiich the property is proposed to be put. In- ability or failure on the part of the Lessee to comply with any of said laws, ru!es, regulations or ordinances will not relieve the Lessee of the obligation to pay the rental provided herein. The attached NON-DISCRIMINATION APPENDIX is in�.�pQr�ted he ei� as. a �art �� this leas�. n e event �his ease is te inate in accordance with Paragraph 3 herein, the rent shall be prorated as of the date of actual termination or vacation whichever is the later. (17) The Lessee shall be required to maintain a policy of comprehensive yeneral public iiability insurance cover- ing the property herein during the term of the lease in the following amounts: _ : Minimum Coyerage per person per occurrence $ SPlf InfiLrerl Mi�imum Coverage per occurrence. $ fiP1 f Tn�ured _ Prior to execution of this lease the Lessee shall furnish a certificate of insurance to the bepartrnent of Transportation, State of Minnesot�,as proof of such coyerage.Such insurance coverage policy shall be equal to or better than a Comprehensive per- sonal Liability;Owners, Landlords and Tenants Liability, Manufacturers and Contractors Liabi�ity and Comprehensiv� General Liability Policies,consistent with the risk involved,specimens of which are on file in the office of the Commissioner of Trans- portation,State,of Minnesota, Right of Way Division, Room 509, State Transportation Buildiny, St. Paul, Minnesota 55155. Anything herein contained to the contrary notwithstanding,this lease may be terminated,and the provisiuns of this lease may be, in writing,altered,changed or amended by mutual consent of the parties hereto. A��,�ovFa �i �� IN WITNESS WHEREOF, the parties hereto hav�r set their hands and seals the day and yPar in this lease firr� �z`r�/ above written. /��l��l��/ `�".-'`�'��9 � 03��O U CITY OF ST. PAUL -------- ------------------------- LESSEE , gy BY— ��-y>'► Director of Finance & Man�g"T'' Servsces --- -- TITLE�---_ _--Mayor ----- BY t� Director of Corr�unity Services gY ----" ----- -- - -- APPROVED BY TITL.E City Clerk STATE AUDITOR: STATE OF MINNESOTA Department of Transportation COMMISSIONER OF TRANSPORTATIOM BY Director of Right of Way Operations � Approved as to form and execution LESSOR ► ,, ; this day of , 19 , Approved on_ __ __ _____ 19_ Attorney General Commissioner of Administration � BY Special Assistant Attorney General Real Estate Management Division � ,� � �� ra�� _ , � �� NONDT�CRIMINA'.l'IUN APPENnIX � The leasee for hienself, his personal representatives, successors in interest� and assigns, as a part of the consideration hereof, does hereby covenant and aF;ree, as a covenant running with the land� that (1) no person, on tha ground af race, color, or nation�l origin aha11 be excluded from participatian in, be denied the t�enefits of, or be otherwise sub�ected to discrimination in the use of said facilities, (2) that in connection with the con�truction of any improvements on said lands and the furnishing of services thereon� no discrim- inxtion shall be pr�cticed in the se'lection of employeea and contractore� by contractors in the selection and retention of fii•st-tier subcontractors, and by firet-tiei• subcontractora in the gelection and retention of second-tier �subcontractors, (3) thr�� uch discrimine�tion shall not be practiced against the public in their accesa to and u8e of the facilitiee and servicea provided far public accommodatioiis (such as eating� sle�ping, r�st, recreation� and vehicle servici,ng) constructed or operatgd on, over, or under the space of the right-of-way, and (4) that the le�see shall use the premises in complian�e with all other requirements imposed pursuant to Title VI of the Civil Righte Act of 19G4� and Title 4q, Code of Federal Regulrations, Part 21, and as aaid regulations may be euaended. That in the event of breach of any of the above nondiscrimination covenants, the State ehal.l have the right tb terminate the leaae and to re-enter and re- possess said land and the facilities thereori� and hold the same as iF said lease had never been made or issued.