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274908 WHITE - C�TY CLERK � PINK - FINANCE GITY OF SAINT PAITL Council CANqRV - DEPARTMENT File NO. �� BLUE - MAVOR RETURN OPY TO v�A o��U o i Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul does hereby authorize and direct the proper City Off`icials to execute on behalf of the City of Saint Paul a one (1) year e�ension of a lease agreement between the City of Saint Paul and the State of Minnesota for land owned by the_State and located on the West side of I-35 E between Granite and Cayuga Streets, said land to be used for play- ground purposes. (Acker Playground). Consideration for use of the property to be $200.00 annually. COU[VCILMEN Requested by Department of: Yeas MCMAHON Nays -E�t� ,�j F`i nanc and Man S ervi c e s Hozza In Favor Hunt Levine � __ Against BY � Maddox Director v� Showalter �� M� �. 3 �98a Form Approved by City Attorney Adopted by Council: Date ai� a� �/7�0 Certified Pa. • d by Council , retar � By A�pproved avor• Date _�� Q�j 80 Appr ved by a r for S b tssion to Council BY ��; �'�'1=-rx� By �i'K�� p�uSttEU MAY 2 4 1980 , WN OI: 1�J19�5 � Rev.: 9/8/76 _ �� EXPLAAiATIQN OF ADMINISTRATI�IE OROfRS, L , :� " �, ; . :� � �• w r �' ,� . MA'►` Z • 4980 Date: April 30, 1980 �� T0: MAYOR:6EORGE LATIMER FR: �� J. Wm. Donovan, Valuation Engineer, Dept. of lnnance & Management 6er�'ices (Ext. 5317) RE; Lease of State of Minnesota Trunk Highway 35-i, right-of-way land to the City of St. Paul for the Acker Playground Site. � � ACTIt�N REQUfS� Approve for aubmission to Council a resolution authorizing the extension of the present lease for one (1) year. PJRPOSE AND RATIONRLE FtNt THIS' ACTION: This action would contirxue to put what wauld otherwise be unused land to some good use as an extension of the Acker Play�raund Site and at a rate of $200.00 annually. The Department of C�munity 5ervices has reviewed. the proposed lease and concurs. A�ACFIMENTS: l. Cov.ncil Resolution ' 2. Proposed Zease 3. Area t►�p ,.: • r •� • � / � . . - � , %�.,,,� • � r"',� �.,` ,! � � _ •� , '< <° , } •.` � . i . '•'`-�'" ; e `�-� '�.,,� � - �� . 'l , ; l ' r�, •` , � ,, ' , , � �' . f , ' ' . '', .. '�/ -r � • �s r � •�� `l•.i�1 ':i i-�.�r'� � . . 1.` �•,r1 -I � � ` ��. • • '�;�f' • � . � 't � �,Z�(P�e . J a ' �. 1 r. �� f` ... �c;,.i� •' �` � l ' I � � � � � � � � JP'� , �� 7 . /ly ' .. � � I ' ' ` � F (i -"'�.�� ee�Yt�/(' �•• 1 .. + �� ' . /� / . . � � � �� _ . ��.,� �f.! 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'��o. • . l .'� . • i yy_ � •Y� ',�� `: �:.. R !' �..-.. . ' .j� !' � ,, � •„ �'r'�'•• ..... : �' •.� �•��_ ''" �:.r.. . � ` '::: • �. � '�• G� :ti •^ ; l. •'"'�''. , '_'�y.r •. �/. . ' _ .,.��-•�•,t117�y��. rwt'. i r • 1 . � :,[��J�� '� Y� y'� � i \"ssa_ .f�.� -;'1+_�•'�•'�5�� ' .t 1 p '.� . .`�,i .�� f. • " '"'s �:� e�� '. ,�� C�.'a' . ' ,, , . . . �`. • F ' sC �� . �'^ �rLf �'_.�,�- .�. --�.� i � �_4 r•-'_— ,_. +-.,�.�.....,�_ '_..,.�-.��z�•(aDE��S'1 � `�:; �'. , �2•.' . '� • --.. -r - ;� .9.+ ';' _ ! ' �� . .... . . 1 • r ---,;.__._. „ . ' � � ;; ' ^± y �. . � . i t� y ��. : . . I .�) I �/_ ,'� ' �� , ' � � T• � Acker Playgraund Site ' ;• � � . c ,'�� '� , . .. r Leased by City Prom ; � , -----_.1_��q. � State oY Minnesota � i l, • _-._-,.., . (Z.S. 35 E Row) . , . . ,,; `_'_l��y� i . _ -�.a�r � . -� , ,,. , �. _, , i r �� ,� � so-r --s;�-+-�-.-, 1 �-- ----__.l � i ?0 MnlOOT 256811t•761 � ' LEASE N0. H.32` s.P. 6280 (35E=390) 901+ *90-457 `��"'r`1 PARCEL N0. 103. 103A, 10�+ & 105 � � '�� '�' � LEASE TNIS LEASE,made this �th day of F��I'uArv `__.___._, 19�n,at St. Paul, Minnesota, by and be- tween tlu�State of Minnesota, Department of Transportation, Lesso�, AND ______�;�� St.��__`�__.______. 5t Pr�ul, Minnesota — -- -- _Lessee,of-----------------__------------ — ----- �86 City Hall, St. Paul, Minnesotr� 551.c�2 M a i l T a:---------- -----.—__—___..__-_-----___.._. ---------- ------- WITN _FSSETN That the Lessor, in consideration of the payment of #he rent Iiereinafter specified to be paid by t1�e Lessee, and the covenants and agreements herein contain�d, daes hereby le;ase, demise and let unco Lessee tl�at certain pro- perty in the County of_ R°�m��Y ___!___._._________ , St�te oF Minnesotc�, the adclress of which is ��J�st side of 3�E between Grr�nite and Cayi��;�, �treet�—_- _------------^------- Type of Property: VaCF�rit I.and I_egal Description: Al1 of Lot 14, B1ock 1, Edmund Rice's .�econd kcidition to the City of St. Paul, according to the plat thereof now on file and of record in the office �f the Register of Deeds in E for Ramsey County. All those garts of the follawing described tract�; lying westerly of a line ?_8 fPet distar. westerly of and parallel �o the center line of the west fronta�;e road to T.H. 35E known as L'Orient Street: Lot 15, Block 1, Edmund Rice's Second Acldition to the City of St. Paul, according to the plat thereof now on file and of record in the office of the Register of Deed� in and for Ramsey County, Lot ?_3 and that part of Lot 2�?, Auditor's Subdivision Nc. 8, St. Paul, Minnesota, accordint; to the plat thereof on file and of record in the office of the Register of Deeds in and for R��msey Coiinty, lying east of the northerly extension of the west line of Lot l�f, of Block 19 of Edmund Rice's Second Addition to the City of St. Paul. includinp improvoments, if any, for the term ofV.�twelve _�:t?_� _ months, commancing �n the1��._._.day of M�y — —, 1980 , and ending on the�OthdR�y oi______�Pri�------.----._. 19.�.�1, wi;h the right of �erminetion in Uoth Lessor and L.essee as hereinafter set forrh: at the total rerit,�l af $.__ �n�-�n___._..___.__...,_..._._ payable to t`�a "State of Minnesota, Oepartment of Transpi�rtatiori", in lawf�_i1 mr,nay nf the iJnitad States?t�F?E�i7i74D�'{Di�S�fa74- XL(tltl`(+�\'�DC$XXXXX2�CXXXJ$?iX2Us�{dCa3i�J`tit�3�f�7CQ�j��!�CXXY Y Y.:k)".X'fRiy��FY`E a63(�f�Yi)(D!i.:r'ii'�4��TS l4�'}��f�6`EtT�Y�►�'xo�+i?S�if�{��„ at��t receip; is hereby acknowledged by the Lessor of the sum of $�.'�n�nn__.._.__._.__...�rorn ti�e Lessee, �n payrr;��it far the f��st and last month's rental under this le�se. All rental r�ayments shall lie rl�rlivered to th�: E��partment of"�;ansportahc;n, l�nnex Office of Financial Adminisiration, at the State Transportatio�(3uilding,�t3c�c;�rx5t@3{St. Faul, iVlinnesot�C�S�lOj. The herein described ro ert � is noi, at this date, bain used fort�ila�el�,lCFiwaStreet p p } g g y purpos�s. Lessee hereby covenants and agrees as follows: (1) Tu use the property for the following purposes only; pl�y�round (2) To pay Lessor said rent as hereinabove provided, and in acfditinn thereto, to pay, when ciue, afl water, c�lec- tric, gas and other lighting, heating and power rents and charges accruing and payable in cnnnection with said proF�erty dwiny the term of this lease; and at all times duriny the term of this Iease, the Le�cor shall have the right, by itsc;lt, its agents and employees, to enter into and upon the leased premises d�iring reac�nable business hours for the purpose of examininy and inspecting the same, also to allow to have pluced upon said premises, at aU times, notice of "For Sale" end to allow prospective bidders on the buildings on said premises to emer and inspect the same during said reasonablr, business hours. (3) Tl�is lease shatl 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 st��all be- curr�e effective. In the event uf 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 �arty to the other, shall be d�eemed to have been fulty given wt�en served personally on Lessor or Lessee, or when made in writing and deposited in the United States mail, certified and postage prepaid, and address�d as follo�vs: To the Le�see at address above stated and to Lessor, Depar tment of Transportation, at State Transportation Building, St. Paul, Minnc:sota. The address to which tlu�nntir.r,,shall i,r niay I,r� mailed as aforesaid to either party shall or may be changed by written notica given by such party to the other,as hereinbefore provideci, but nothing herein contained shall preclude the giving of any such notice by per,onal service. (5) Not to assign or sublet this lease, and not to maka or suffer any alteration to be made in or on said property, witl�out the written consent of the Lessor. � �� ir .�W✓ �.. (6) it is specifically agreed and understood that Lessee shall not call on Lessor to make any improvements or re- pairs on said property of any nature whatsoever, but Lessee hereby spocifically covenants and agrees to keep the same in good order and condition at his own cost and axpense. (7) To allow 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 usual methods. (8) To pay Lessor all costs and expenses, including 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, whettier such action progresses to judgment or not. (9) tf 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 breach, 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 therofrom, and Lessne waives any legal remedy to dofeat 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 tha under- signed Lessee, reasonable wear and tear and damage by the elernents 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 causo whatsaever. Such poticy shall name the Lessee '�as named insured, Lessee" and an endorsement attached naming Lessor as sole Payee, in tlie event of a Inss. � Ex�.�p� � t{v r y,��i c.t e�,ac.�t k�e S�e 11MrnneS►�-Cl�Zn ��-S G�^�S (12)�The Lessee in�r�ihifies, saves an�holds harm�ss the State of Minnesota a�d ny agents or employees there- of from all claims, demands, actions or causes of action of whatsoever nature or character�iQ��t7Qc�}t�c�i��o tWQ�Ait,i?}�e�D�,�t�g�/a/IS��R�}�arising cut of or by reason of the leasc of the herein described premises by thc Lessor to the Lcssce. (13) Should the Lessee huld over after the oxpiration of the term of this lease with the consent oi the Lessor, express or implied, said tenancy shall be deemed to be a tenancy only from month to montli, subject oth^rwise to all nt the tenns and conditions of this lease so far as applicable. (14) In the event there is any prior existir�g lease or �ental ayrcement between Lessee and State (or its predecec�or in interest) covering the suhject property, it is ayre�d and undersiood that this lease shall cancel and terminate said prior leasc or rental agreement as of the �ffective date of this lease. (15) The property described herc�in may be used for any <�f the purposes stated in Parngraph 1 abovc�; howr,ver, it is the sole and exclusive responsibility of the Lessee in the use of the property to comply with any and all I�.iws, rul�s, regulations or ordinanccs imposed by any juris�iiction affecting the use to which the property is proposed to be put. tn- ability or failure on the part of the Lessee to comply with any of ,aid la�vs, rules, regulations or ordinances wift nut relieve me Lessee of the obligation to pay the rental providcd hcrein. Ttte attached NON-DISCRIMINATION API'ENDIX is inc�o�at�ed h��re�ir� a� a �art of.'. thia leace. n t e event tus ease is te, minatecl in accc>rdance with Paragraph 3 herein, the rent shall k,e prorated as af the date of actual termination or vacation whichever is thc later. (17) The Lessee shall be required to maintain a pulicy of curnprehensive yeneral public liability inn�rance �over- ing the property tierein during the term of the lease in tlie following amounts: � Minimum Coverage per person per occurrence $. SP_�f_ I�r§ured Minimum Coverage per occurrence $�elf Insured __ Prior to execution of this lease the Lessee shali fumish a certificate of insurance to the bepartment of Transportation,State of Minnesota,as proof of such coverage. Such insurance coverage policy shall be equal to or better than a Comprehensive per- sonal Liability;Owners, �andlords and Tenants Liability, Manufacturers and Contractors Liability and Comprehensive reneral Liability Policies,consistent with tho risk involved,sNecimens of which are on file in the office of the Commissionf�r of Trans• portation,State of Minnesota, Right of Way Division, Room 509,State Transportation Building,St.Paul, Mirniesvta 5a155. Anything herein contained to the contrary notwithstanding,this lease may be terminated,and the provisions of this lease may be, in writing,altered,changed or amended by rtiutual consent of the parties hereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year in this lease first above written. In the presence of: , --��:�..�}��,. M�yo�-�m�T�`°D-LE�S EE, - --_____ �._ r`r'r��ti 6''� , .._-._._._ RY. -- -- � Q ; _ _ ___-_�- _ ` `� City Clerk TITLE �¢ _ 'itY -'�� _��-?S— --- aY- - Director of Finand'eTla6d Management Services APPROVED BY STATE UF MINNESOTA STATE AUDlTOR: • Department of Transportation COMMiSSIUNER OF TRANSPORTATION BY------ - --- Director of Right of Way Operations LESSOR Approved as to form ar�d execution this_ day of _—_. ----._, 1�—_-. Approved on. ---, ty_ — _Attorney General Commissioner of Administration ---_-- BY- — — Special Assistant Attorney General Real Estate Management Division � � r � ' Y .� �� p+�� I�NDISCRIMINATION APPENDIX �°°'`� "'� ` The lessee for himself, his personal representatives, succeasors 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, 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 conatruction of any improvements on said lands and the furnishing of services thereon, no discrim- ination shall be practiced in the selection of employees and cantractors, by contractors in the selection and retention of first-tier subcontractors, and by firs[-tier subcontrac[ors in the selection and retention of second-tier subcontractors, (3) that such discrimination shall not be precticed against tl�e public in their access to and use of the facilities and services provided for public accommodadons (such as eating� sleeping� rest, recreation� and vehicle servicing) constructed or operated on, over, or under the space 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 1y64, and Title 49, Code af Federal Regulations, Part 21, and as said regulatians may be amended. That in the event of breach of any of the abov�e nondiscrimination covenants, the State shall have the right to terminate the lease and to re-enter and re- possess said land and the fACilities chereon, anct hold the same as if said lease had never been made or issued. I.' ....i�s a' /'t!� ,,...-------�..• "... - . . ^,�� . lq g"� � .�t'"`XJ /h 4` ..M S/ .. � �r� C