273294 WHITE - C�TV CLERK
PINK - FINANCE G I TY O F SA I NT PA U L Council .�j��w�.�
CANARY - DEPARTMENT File NO. � �
BLUE - MAVOR
RETURN COPY TO oA TION BUREAU uncil Resolution
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Presented By
Referred To . Committee: Date
Out of Committee By Date
RESOLVED, that the proper City officials are heraby authorized and
directed to execute on behalf of the City of Saint Paul an agreament
leasing certain real property to S.P.S. Gbmpany, Inc. for the parioa
between June 1, 1979 through January 31, 1985, inclusive, in the
form and manner approved by the O�fice of the City Attorney.
COUNCILMEN Requested by Department of:
Yeas Nays
�� [n Favor Fi and ement Services
Hozza J -
Hunt ire ct or
I,evine _ __ Against BY
Maddox
Showalter
TedesCO Form Approved by City Attorney
Adopted by Council: Date JUL 1 0 1979
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Certified Pass 'by C�Lnc� , cTetary
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t�p r by iVlavor. Da _ �UL � � �� Ap o ed by Mayor for Sub is" to�Council
By _ _ By
t�1,IS�+FO J U l. 2 i 1979
• G����' ����`�'��`�
CITY OF SAINT PAUL
DEPARTMENT OF FINANCE AND MANAGEMENT SERVICES
DIVISION OF ASSESSMENTS AND VALUATIONS
MEMO �
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To: Peter Hames
JUN 2 � "Q�`�
MAYt"JR'S OFFICE
Frosn: J. Will3am Donovan
Date: J'une 28, 1q79
Re: Suburban Plwnbin� Lease under Selby Bridge
Please be inf'ormed that the insurance cosnpany for Suburban Plumbing he�s
settled re].�at3.ve to the costs associated wi�h the repe.irs to the Selby
Avenue Bridge. The settlement wa.s �or pr�ctically the errtire cost of
the repairs. I reccymmend the lease as proposed be a �rcnred.
L�C/ ,' _
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CC: Berna.rd J. Carlson
Telephone612/298-5317 286 City Hall, Saint Paul,Minnesata 551f
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: tN�l OI: 12/1975
Rev.: 9/8f76
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EXPLAlVRTI01� OF ADMIN'ISTRATIVE,OftDERS,
N , S
�ECEIV.ED�
: ��a � s 4s�s :
Date: Jt+ae 12, �979 _ � JNAYC�'�' � .
T0: (�AYaR �iEQRGE LATIbfER �
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�R: � �'.:Willi� Dc�ao�ran, V�.7.uatic,�► aad l�,s�i�ssme�.Epgtae� �{�i. �17) ��ri�t ,
. _ ... .
of F�nee & l�l�ssgea:��t ��ices
RE: R�ns�l crP-L'ee►se Agre�me�rt betweetl City o� 8t. Pa'�,L a�rd S�tb�beWot �la�bi.�ig
�PP�-Y C�!!tp��p :
ACTI(NI.REQUEStEtI� .
_ A�rc��."oa rmecao��ti.on �0 3ncrea�ae aam�1 reatal �rawt �yStiQ.E)0 te �1.,750��,
eatend�g 1ee��e to Jam�s►ry 1985. ;,,
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PURP4St I�iD RATI___„O1V�E FOR�THIS I�CTION: �
Cap�ense��t�s b�s acrt beea iacr�sed �i.nce 1974. � . `
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�`�A��,titFNTS: ,
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l. C�anci]. Re�,olutio�
2. area ]li�p '
3. .Cc�py of' I�ease Agrae�eat
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A G R E E M E N T
THIS INDIIVTU�tE, M,ade this Day of , ,
by and between the CITY OF SAINT PAUL, MLNNESOTA, Hereinafter called the
Lessor, and SUBURBAN PLU2�ING SUPPLY COPR'A1�tY, hereinafter called the Lessee;
4TITNFSSETH:
That Lessor, ,for and in consideration of the covenants and agreements
hereinafter contained and made on the part of Lessee, does hereby demise
and lease to Lessee for use by Lessee, the premises belaw the bri.dge which
carries Selby Avenue over the right-of-way and tracks of the Chicago,
Miltaaukee, St. Paul and Pacific Rai].roac3 Compariy as shown in red on
Exhibit A, which said Exhibit A is hereunto attached and made a part hereof
by reference and descri.bed as follows, to-wit:
That portion of Section 3, Range 23 West, Tawnshi.p 28 North,
beginning at a point on the north property line of Selby '
Avenue 619.7 feet west of the west property line of Hamline
Avenue; thence sautherly on a line parallel .to the west
property line of Hamline Avenue to a point 23 feet south of
the north property line of Selby Avenue; thence easterly on
a line parallel to the north property line of Selby Avenue for
a distance of approxi.mately 14.5 feet to the east abutment of �
the Selby Avenue Bridge; thence southerly on a line paralle7
to the west property line of Hamline Avenue to a point on the
south property line of Selby Avenue; thence westerly on the
south pro�erty line of Selby Avenue for a distance of approx-
imately 198 feet to the east right-of-way line of the Chicago,
Milwaukee, St. Pau1 and Pacific Railroad Com�any; thence
northwester]�y on the east right-of-way line of said Railroad
�ompany tn tn.e intersection� of the rigY:t-of-way 7�.ne ana the -
north property line of Selby Avenue; thence easterly on the
north property line of Selby Avenue for a distance of approx-
imately 354.5 feet to the point of beginning,
situated in the Caunty of Ramsey and State of Minnesota, �or the purpose
of storin� non-combustible materials and for no other purposes whatsoever,
To have and to hold the same for and during a period� of five (5)
years eight (8) months commencing on the lst day of June, 1979 and expiring
on the 31st day of Januaxy, 1985, inclusive.
The lease may be terminated by the Lessor on ninety (90) days
written notice should the terms of this agreement not be comp)ied with by
the Lessee, or jlhenever the demised property shall. be necessary or useflil
to the Lessor in the performance of public duties, or whenever public
interest or convenience shall require such termination.
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The lease may be termin���d on the part oi the Lessee, upon the
giving of ninety (90) days' nn'�ice to the Lessor.
In consideration of sai�z ��se and of t�e covenants and agreements
hereinafter expressed, it i� <;ovenanted and a�reed as follot,rs:
l. Lessee shal:l pay as rent for said pre..ni.ses the sum of One
Thousand Seven Hundr�:<i Fifty Dollars (�1,750.00) per annum,
payable monthly or n.nnually during the term hereof at the
office of the Lessor in the City Hall. "
2. Lessee shall keep sa7.d Premi.ses in a clean and orderly
manner in conformity '�-th any local, county and state laws.
3. Permission is grantecl to Suburban Plumbing Supply Co. to
construct and maintuin a fence araund and store non-combust-
ible material, cast •lron pipe and steel pipe on that portion
of City property heresin de,mised, subject to compliance with
the folloRai.ng condit:Lans:
(a) Lessee shall pc�:rform all such.described vrork at zts
otm expense un�i�r the supervision and to the satis-
faction and �>>��a'oval of the Director of the Department
of Public �Jork:�.
. (b) Lessee shall ��;�V the cost of engineering and inspection
of such �rork :���i pay the c�sts of publicat�cn of �.i�y
resolution or vrdinance passed in relation to this .
lease, and a�V Permits relatin� to the work c�ntemplated.
(c) Lessee shall ��.roperly protect all storage areas in relation
hereto in or aii Selby Avenue both day and night, so as ta
avoid all dam�r:a or injury to person or �property.
(d) Lessee sha11 71��� store materials within three (3} fee� of .
all vertical t`�ues of t�alls, columns, piers or structural
members of sa��i bridge or within five {5) feet of the
bottom of aI1 ,��'��t beams, strin�;ers, girders or decking
of said bri���.�•
(e) Lessee sha11 ;�''.�'iit �mployees oF the City of Saint Paul
and the Chic:s�•`, 1�lwaukee, S�. Pau1 and Pacific Rai]soad
Campany or o:' ��'xsons having contracts with the City of Saint
Paul or saa.:; :�-�Zlroad Company, ready access to the premi.ses
for inspec�a.��' Ux maintenance work on said bridge.
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(f) Gates suitable for passage of fire fighting vehicles
shall be installed in �he fence at locations shown in
Exhibit "A".
(g) The present circulatory access road under the bridge is
not to be blocked and is to be available ior the use of
the adjacent property otaners.
�+. Lessee has examined said premises and agrees to be responsible for
any damages that may occur during the term of this lease and as a
result of the condition of the fence, structures or buildings
relating thexeto.
5. An�y changes or alterations upon the premises made by the Lessee
as may be necessaxy or desirable in adapting the axea to use as
a storage area shall not be made without the prior approva.l of �
the Director of the Department of Public Works and up�n the
expiration of the term. hereby created or any extension thereof,
Lessee trill restore the bridge and premises to �he identical
condition as when entered unon under �his lease.
6. Lessee agrees that it wi11._protect and save and keep the Lessor,
forever� harmless and indemnified a�ainst and fram any penalty ar
damage or charges imposed for any violation of ar�y la,ws or orc�in-
ances, whether occasioned by the ne�.ect of Lessee or those holdi.ng
under I,essee, and that I,essee j�rill at a11 times protect, indemnify
and save and keep harmless the I,essor against and frctm any and all
loss, cost, damage or eapense arising out of or from any accident
or other occurrence on or about said premises causing injury to
any person or property whomsoever or whatsoever, and will protect
and indemnify and save and keep harmless the Lessor a�ainst and
from any and all claims and against and from ar�y and a11 loss,
cost, damage or expense arising out of any failure of the I,essee
in any respect to comply with and perform all the requirements and
provisions hereof.
7. That the Lessee sha11 furnish and deliver unto the City a surety
bond in the sum of' T«o Thousand Do]lars ($2,000.00), made and
executed by said Lessee, as Principal anc� a corpora.te surety
company as surety to and in favor of the City of Saint Paul as
obligee, conditioned that said Licensee shall indemnify and hold
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; harmless said City against all expense and liability arising
out of this lease agreement, and further conditioned upon the
Lessee complying with �he terms and conditions of this Lease
agreement, which surety bond shall be in such form as shall
be approved by the City Attorney, and shall have such surety
as shall be approved by�e I7irector of the Department of
Finance and Management Services.
8. That said Lessee shall flirnish and main�ain during the term
of this lease agreement a certificate of public liability
insurance wherein the City of Saint Pa.uZ shall be designated
as a co-insured, said insurance coverage to be in the following
amounts: for personal injuries, �if`ty Thousand Dollars ($50,000.00)
for each person, Three Hundred Thousand Dollars ($300,000.00)
for each occurrence; property damage to the extent of Three .
Hundred Thousand Dollars ($3�0,000.00), t�rhich public liability ,
insurance certificate shall be subject to approval by the City
Attorney. -
9. Lessee sha11 not assi�n this lease.
10. The lease agreement, dated the lst day of October, 197�+, by and
between the parties hereto, pertaining to the rental of a portian
of land covered 'ny this agreemen�;, is hereby ter,ni.nated, it being
understood by and bet�reen the parties hereto that this agreexnent
shall replace the first above-referred-to lease agreement.
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WIZTiFSS, The hands and seals of the parties hereto the date and
year first above written.
A�proved as to Form: CITY OF SAII�TT PAUL
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By
Assistant City Attorney yor
Director, Finance and
Management Services
City C1erk
SUBURBAN PZUMBING SUPPLY COMPANY -
By
Its
Its
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STAT� OF i�TJ1VESOTA �
) Ss.
COUNTY OF RA:•�.SEY )
The foregoing instrument was acknawledged before me this
day of , 19 , by George Latimer, Mayor of the City
of S4int Paul, a municipal corporation of the Sta�e of Minnesota, on
beha3f of said City of Saint Pau1. •
� Notary Public, County, Minnesata
Njy commission expires
STATE Or Mi1VNFSOTA )
) ss.
COUIdTY OF RAI�ZSEY )
The foregoing instrument tJas ackna�aled.ged before me this '
day of , 19 , by Rose Mix, City Clerk of the City of
Saint Paul, a municipal corporation of the State of Minnesota, on behalf of
said City of Saint Paul.
Notary Public, County, T;innesota
N�y commission e.Ypires
STATE OF r�ff�i1NESOTA )
) ss.
COUNTY OF RAP�SEY )
The foregoing instrument was acknowledged before me this
day of , 19 , Bernard Carlson, Director of the
Department of Finance and Management Services of the City of S aint Paul,
a r�unici�al corporation oi the State of Minnesota, on behalf o�' said City
of Saint Paul.
Notary Publi.c, County, hLinnesota
N�y commission expires
^6^
sTAT� or r��sox� )
) ss.
COjTiV"TY OF �EY )
The foregoing instrument was acknowledged before me this
day of , z979, bY ,
, and �
Title
, of the Suburban Plumbing Supply Gomcpany, on
Title
behalf of said company.
Notary Public, County, Minnesota
l�y commissa.on expires `
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