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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 � 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 "• ���1.�+.��!'�'�'"' (P �7" 7/ Certified Pass 'by C�Lnc� , cTetary � B;, - +\J� 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 � � �� ��. � r �R � �' � 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/ ,' _ ------- - ,L CC: Berna.rd J. Carlson Telephone612/298-5317 286 City Hall, Saint Paul,Minnesata 551f � .- i ° . . - .. .. � . � . . : tN�l OI: 12/1975 Rev.: 9/8f76 �G��_ TM; � EXPLAlVRTI01� OF ADMIN'ISTRATIVE,OftDERS, N , S �ECEIV.ED� : ��a � s 4s�s : Date: Jt+ae 12, �979 _ � JNAYC�'�' � . T0: (�AYaR �iEQRGE LATIbfER � . _. _ . , ,� . ��_` �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. ;,, � � � : � PURP4St I�iD RATI___„O1V�E FOR�THIS I�CTION: � Cap�ense��t�s b�s acrt beea iacr�sed �i.nce 1974. � . ` • � . - : , . ' ' ; . , .� . �`�A��,titFNTS: , � l. C�anci]. Re�,olutio� 2. area ]li�p ' 3. .Cc�py of' I�ease Agrae�eat , A t ' ' �' '� `-� � ���,� 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. • � , , � ������ 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. -2- (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 _3� .. r , ; 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. -4_ , ����� � 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 . � . By Assistant City Attorney yor Director, Finance and Management Services City C1erk SUBURBAN PZUMBING SUPPLY COMPANY - By Its Its ^5_ 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 ` �7_ i � , - ,, . � ����� . � . .. , . � _ + � . 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