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274388 N�MITE - CI�V CLERK �-! PINK - FINANCE GITY OF SAINT PAUL Council �'(L���� CANARV - OEPARTMENT ' BLUE - MAYOR File NO. ' esolution . Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul does hereby approve and authorize the execution by the proper City officers a lease agreement with B rooklyn Center Development Company for use of parts of the City's Bridge Yard located on Second Street at Robert Street for parking cars for a period of one year beginning February 1 , �980 for a monthly rental pay- ment of $560.00 and further sub,ject to such terms as set forth in said agreement, a copy of which is attached hereto and incorporated herein by reference. COUNCILMEN � Requested by Department of: Yeas �7c���N Nays Publ ic !�Jorks Departmen� �� � [n Favor � � Hunt � � Levine __ Against BY Maddox 1980 bonald E, Nygaard, Di rec (T,�JE/RA � Showalter FE� 5 Form Approv d by 'ty Att ey Ado by Coun 1: Date ertified P•_se y Council�Sec tar By t�pprove '�'�� avor: Dat _ Q Appro by Mayor for S sio to neil B �v G,_ �`llit� By Y Pl1�Bt1�'t�Ei) ��� � '`��-{�� _ Lxxr 1 . � ' j12-11-79 � � -° ;� �=� � k ' �� !t 4.�'"� �.}1..� . LEASE AGREEMENT THIS AGREEMENT, made and entered into this day of , 1980, by and between the CITY OF SAINT PAUL, a municipal corporation under the laws of the State af Minnesota, hereinafter referred to as "City" , and the BROOKLYN CENTER DEVELOP- MENT COMPANY (for American Center) , hereinafter referred to as "American Center" , WITNESS�TH: WHEREAS, the City presently owns a building located on Block 31, St. Paul Proper, known as the "Bridge Yard" , which building is presently used for the purpose of storing City vehicles and materials; and WHEREAS, a portion of this building is presently not needed for City municipal purposes and American Center has indicated a desire to lease this space for the purpose of providing parking , space for tenants in its adjacent office buildina subject to the terms and conditions expressed herein: NOW, THEREFORE, the City and American Center for the con- siderations hereinafter set forth mutually agree as follows: 1. American Center is hereby permitted to use and occupy space within the Bridge Yard building for the purpose of parking 14 cars therein, the exact location of parking spaces hereby leased to American Center is identified on the attached Exhibit A. � � . � - � ' 2. This lease shall be effective for a period of 12 months � . commencing the day of , 1980, and terminating the _ _ _ day of , lgg¢, 3. The City reserves the right to terminate this Lease Agreement at any time in the event the use of the leased space is needed for City purposes, provided that the City shall first give sixty (60) days written notice thereof to American Center. 4. This lease may be terminated by the City upon thirty (30) days written notice thereof in the event American Center shall not comply with the terms and conditions set forth in this agreement. ` 5. This Lease Agreement shall not be assigned nor sublet by American Center without the consent of the City as expressed by an amendment to this agreement. • 6. In consideration of the suthority to lease a portion of the said Bridge Yard Building, American Center agrees to pay the City the sum of $560 per month in advance, based on a rate of � $40. 00 for each available parking stall. This rent shall be due and payable in advance to the City on the first day of each month, and checks shall be made payable to the City of Saint Paul and delivered to the Director of the Department of Public Works, 600 City Hall Annex, Saint Paul, Minnesota, 55102. This Lease shall be limited to the parking of 14 auto- mobiles at the locations identified on the attached Exhibit A. � 2. t ' J American Center shall have no interest in the Bridge Yark building except for the purposes set forth herein. The City retains its right to use the portions of the Bridge Yard building for City municipal purposes, except those areas marked as parking stalls and leased to American Center pursuant to this agreement. 7. American Center shall be permitted to install at its own cost and expense a stairway and door providing access between the said Bridge Yark building and the adjacent American Center in a manner acceptable to the City's Director of the Department of Public Works. American Center shall also be permitted to install at its own cost and e�cpense a video type security monitor- ing device in a manner acceptable to the City' s Director of the Department of Public Works. 8. The American Center shall be responsible for maintaining the security of the Bridge Yard building in a manner acceptable to the City's Director of the Department of Public Works, and this shall include the locking and unlocking of the doors to the Bridge Yard building. The Bridge Yard building shall be locked at all hours on holidays and weekends, and between the � hours of 6:00 P.M. and 7: 00 A.M. on regular working days, except when the Bridge Yard building is being used by City personnel or under the presence of American Center' s security personnel. The Bridge Yard building may be unlocked between the hours of ?: 00 A.M. and 6: 00 P.M. on regular working days. The overhead � 3. i � . ; garage door must remain closed, except at the time of entry and � exit to the Bridge Yard building or when being used by City �ersonnel. � 9. American Center shall keep the Bridge Yard building and fixtures therein in good repair and shall be maintained in the same condition as existed at the time t�at this lease was entered into, excepting therefrom normal� wear and tear. American Center shall maintain the leased areas in a neat and clean condition during the term of this lease. 10. American Center agrees not to use or suffer to permit the leased premises or any part thereof to be used for any purpose or use other than herein provided or in violation of any laws, zoning ordinances or other ordinances or of the regulation of any governmental authority, or in any manner that will constitute a legal nuisance or in any manner that will violate, suspend, void, or make inoperative any policy or policies of insurance of any kind whatsoever at any time carried on the leased premises. 11. American Center agrees to pay or cause to be paid before penalty attaches all taxes, assessments, fees or other • charges of whatsoever nature that may be levied, assessed or imposed by any federal, state or local authority on the leased premises. 12. The City shall not be liable to American Center for � � 4. 1 . � � �c� '�` � � . . i;NSt � ; A���'-, � •^1.�� r�� � or any other person or persons for or on account of any injury, � death or damage occasioned in, on or about the leased premises to persons or property of any nature or sort whatsoever, or wheresoever arising, or for or on account of any death or any injury to persons or property that may result by reason of any future lack of repair of said premises, � or improvements thereon, or by or from the use, misuse or� nonuse of said premises or improvements thereon, or by or from any act, omission or neglect of any such =person, or by or from the acts of tenants of adjoin- ing or contiguous property, or in any manner whatsoever growing out of the future condition or use of the demised premises or improve- ments or any part thereof. 13. American Center covenants and agrees to indemnify and hold the City harmless from and on account of any and all loss, damage, claim of damage, liability, expense, costs and attorneys' fees arising out of or resulting from or incurred in connection with the matters or things herein specified, and from and against any and all damage or liability arising from any accident or any occurrence causing injury or death to any person or property, • whomsoever or whatsoever, and due directly or indirectly to the use, misuse or nonuse by American Center or any of its agents, contractors, servants, employees, or licensees or the condition of the demised premises or any part thereof, or arising aut of any failure of American Center in any respect to comply with any of the requirements or provisions of this lease. � 5. � . a . � �!'�� �\� . �w.l � • � . � W� .'.�'7.�f._.. �.... 14. American Center shall at its own sole cost and expense � but for the mutual benefit of the City and American Center, maintain reasonable arid adequate general garage liability insurance and public liability insurance against claims for personal injury, death or property damage occurring in, upon or about the leased premises. The minimum .limits of liability for such insurance shall be $250,OOO � for injury or death to anv one person and $500, 000 for injury or death to more than one person, and the sam� minimum limits with respect to damage to property. The City shall be named as an additional insured on such policy or policies. American Center shall furnish the City with certifi- cates evidencing such insurance and the certificate shall provide that the insurance will not be cancelled except on 10 days' written notice thereof to the City. � 15. American Center shall upon the expiration or earlier termination of this Lease Agreement surrender to City the demised premises in good condition and repair, reasonable wear and tear excepted, and all alterations, improvements and other additions which may be made or installed by or at the insistence of either • party shall become the property of the City and on any such expiration or termination shall be surrendered to City by American Center without any injury, damage or disturbance thereto or payment therefor. , IN WITNESS WHEREOF THE PARTIES HERETO HAVE CAUSED THESE PRESENTS TO BE EXECUTED AS OF THE DAY AND YEAR FIRST ABOVE W ITTEN. � 1 � 6. � y , � , ..> � ,._.. _ : ... _ �'a! . _. ... _ __— _: � , . . , _ , . � �,s� . ., /� ' a � ry��'1r !.. �3� � �� /-�_ • . • . .. __ .. __. _ a . ' � �.� . . . . __ "'� .. ._ �_ . . ' . ... . _ " � ._ . ._.-�.: . ..._.._ . _.�. . • � . ., .. .�..�:� - . .- -- `..:sa�-.: � -.. _. ��.._ -:.. .. . .. _ .... . . . .. a �__.... �-� .... �'.:_.. .. ..,- - . ..�..� . . . � . . . � . ....j _ . _ . _. .. . . � Approved as to Form: CITY OF SAINT PAUL _ • � � By � Assi ta i . t �ney M y r ' ������ � .Director, Departme f City Clerk Public Works � Director, Department of Finance : and Management Services BROORLYN CENTER DEVELOPMENT COMPANY B� - ti = By _; � 7. . . . aM ot : �2/1975 . ' Rev: a/8/76 , EXPLANATiQfV OF ADMINISTRATfVE ORDERS,' � RESOLU7lON5, AtdD ORDINANCES ' - • . :����c=� . � � �.� � ;, ..� i� L� Date: January 3, 1980 JAN 1 51950 MA►��� � T0: MAYOR GEORGE LATIMER ' ''�' FR: Thomas J. Eggum, Public blorks Office Engineer P�E� Parking in Brtdge Yard located on Second St. at Rabert St. � ACTION REQUESTED: • The resolution wou�ld authorize the City to enter into a leaselagreement with Brooklyn Center Development Company (American Cerrter Building) for parkirtg 14 cars in the City's Bridge Yard located on Second St. between the Robert . St. Bridge and the American Cen ter Quilding. This lease would;run for l year beginning Februa ry 1 , 1980� and the City would be paid $560.00 per month. The rate based on a charge of $40.00 per car stall per month. ; PURPOSE AND RATIONALE FOR THIS ACTION: ' Rent will be credited to Fund Code �2101-6801-000. . ATTACHMENTS: Lease Agreement l S �fl�yO.�.T„S . `---�--..,.. � A1073B ` d�NS 1 N/dd ' p p.�NS 7001 3�14BD' ��/j�0 d,�21!! dOHS �l�lOM � �$ 1w , , { __ ---- �� , � —__ � _... --- — � � � ' � � 1 . , b � I l I � I � � I ' N I � � I o II I - � � � � . � � I � � . � -� -� I I � � I . � � . � I II � � � I I � ____________._..._ . ___.__ ► . . _. _ _ --.@-- — ,o�� � `� +O'9t ��.gZ y._ � _ � _._._ �---- — . \ — � — � �� � ., �___. � � � .��,': . � � s � h � � � 4 3 �1SId � . � � , t � � , , ► � , . , _ _.._�_. — __ - -- - - - - - -- - ----- - -,�� _ -- -----� , ; � , � � ` ' � 0 � � �o � b ° � � �------ — ...._... . , � --- . � , J✓.�r� � UID, ' ,1D�� � s��,��y L , r ` '�` 3Stf3�� ; F I � , ' `� ' I j � � I I 1 � � I t ----.,�._..., _�...,,.....,.,....._.,-_ <.�:_.�,.�>., ,., _ . s . �.. � .. .. � . .