272609 WHITE - CITV CLERK n.r��. �
PINK - F�NANCE 1
CANARV - DEPARTMENT GITY OF SAINT PAUL COUflCll /', ��, �
BIUE - MAVOR File NO. r � �`�
cil Resolution
Presented By 14 �
Referred To Committee: Date
Out of Committee By Date
RESOLVED, That the proper City officers are authorized to
execute Lease Agreement with the State of Minnesota, Department of
Highways, for the purpose of leasing State-owned land to be used by
the City to store City-owned official Police patrol cars only, the
said Lease Agre�nent being for a term of two years commencing May
l, 1979, with the option to renew for one additional two-year term,
at the total rent of $1.00.
COUNCILMEN
Yeas Nays Requested by Department of:
Butler PO LICE
Hozza [n Favor
,�� ,� �_ %��.,�,-,`_
Levine __�__ Against BY
Maddox Richard H. Rowan
Showalter
� � �� Form Approved rne
Adopte Council: Date �
C tified Pa. • y Co � Secfetary BY
gy, /�/ �.
t�p d by Mavor: Date 9 19� Appr e y Mayor for 'ssi to C ncil
gy By
�UBLISNED MAP 1 7 1979
. .l �
,� � ,`�
�` , ' . OM Ol: 12/1975
EXPLANATION OF ADMINISTRATIVE ORDEI�,S, Rev: 9/8/76 �
` RESOWTIONS, AND ORpINANCES
€�,M, ��
�I�tY � -�vary 27, 197'9 < . � .rR
.`
,,
_�y
TO: ��MAYQR GEORGE LATIMER
FR: Chief Rowan
RE: Lease Agreement with the St�ate of Minnesota �,
ECE �yE �
FEB 2 8 t9�g
�IIA�l�'s ��
ACTION REQUESTED: Enactment of atinched Council Resolution . �
PURPOSE AND RATIONALE FOR THIS ACTION:
Fori�he purpose af oontinuing the lease agreement with t!� State of Mit�ota
for 1he �lo"rth Side of l lth Street, between Minnesota and Robert Streets.
ATTACHMENTS: Couricil Resolution
�
��������
S.P. 62E0 (35E=39�) 902 Lease No. �-3051
L E A S E
THIS LFASE, made this 14th day of February, 1979, at St. Paul,
Minnesota, by and between the State of Minnesota� Department of Transportation,
Lessor, and the City of St. Paul, Department of Public Safety, Le+�see.
WITT�SSETH
That the Lesser� in coasideration of the paymeat of the rent hereiaafter
specified to be paid by tl�e Leseee, an� the cavenants and a►`reements herein
contained, does hereby lease, desiae and let unto Leasee that certain rrolertr
in the County of Raawsey, State of Minnea0tw� deBeribed aa follows:
ThAt area of lau�d ffiituate alon� the north side
of Eaet Eleventl� Street, b�tveen Minnesota
Street and Robert Street in the City of St. Paul,
as outlined in red on �chibit A, which fa attached
hereto and incorporated aa a part of thie lease.
The term mf thie lease shall be two (2) yeare, conuxencina on tY�e lat
day of May, 1979• �d endin.� on the 30th day of April, 19a1, with the rieht of
termination it� beth Leseor and Lessee as hereinafter set forth, at the total
rental of $1.00 an�l other valuable conaideratimn, payable in advanc� to the
State of Minnesota� Depart�ent of Transportation� in lawful mo�aey ef the United
States. Rental payment shall be delivered to the Department of Transportation,
Office of Financial Adminiatration, State Transportation Annex Building,
461 Rice Street, 5t. Paul, Minnesota 55155-
The Lessee shall hane the option oP renewiat thia lease for one terw of
two yeara ?�y givi.nt the Lesaer xritten notice not later than 30 days prior to
the expiration thercof. The rental amount for euch additional tera� shall be the
sa�ae as fcr the primary tero� hereof.
f:
LFSSOR AND LFSSEE HEREBY COVENANT AND AGREE AS FOLI,OWS:
(1) The leased premises s�a.11 be ueed aa a parkin� lot for official police
squad cars, both marked and unmarked, only.
(2) The Lessee's use ef the leased pro�erty shall not inpair er interfere
with the uee or safety of the ad�ecent street or hi�hway facilities.
(3) Arranbeoent of sqund cars Bhall be as Bho�+n on �chibit A.
(4) The Lessee skall, at its or+n expense, construct the parkina facility
�nd entruscea in accordance with the nttached rlan� bchibit A.
(5) The I�easee shall, at its own expenee, �aintain the leased preatises.
(6) The Lessee shall, at ite ovn expenae� at the expiration or sooser
teru�ination of this lease, if requested ig writia� by the Le�BOr� remove the
parking facility and restore the premiaea to a condition exietine at the be6iasint
of this lease.
(7) The Lessee ahall notify both the Leasor and the St. Paul Department of
Public Worke prior to construction usd prior to removal ef the parking facility.
(a) Structures, of whatever nature, ehall not be placed or conetructed
upon the leased premises.
(9) All construction, mainteaance, removal. and replace�aent performed by
the Lessee shall be sub�ect t• iaarection and approval by the Lessor and by the
City of St. Paul, Department of Public Works.
(10) The Leasee shall n►aintain the al�acent existing chain link fence a�d
shall, at the ex�iration or Bomner termination of tlnis lease, re�air or replace
any section of fence da.maaed by construction� operation, or removal of the �az�kin�
facility.
(11) Tl�e Lessee ehall n�ot atore or lermit the etera.6e of any material8 oa
the premises except the temporary stora.ee of official police squad c�rs.
(12) The Lessee shall effectively linit the entrance to or exit from the
parkins lot to periods' other than periods of reak traffic flow alona East Eleventh
Street.
Pa�e 2 of 5 Pages
(13) Lessee ahall not assi6n or sublet thia lease.
(14) Lessee shall not raake or sufier e�ny ailt�ration to be made on the
leased premises, beyond those alterationa a�llowed b� this lease, without the
r+ritten consent of the Lessor.
(15) Lessee shall pa�y s�ny char6ea accruing and payable in connectio� with
said property, if a�ny, durin6 the terma ef this lease; a�nd at all times durin�
the term of this lease� the Lessor shAll have the rirht� by it8elf, its ageAts
and employees, to enter into and upos the leased premiaes for the purpose af
exauaininB and inapectin� the sane, and for the r�arpoae of inapection, maintenance,
repair or reconstructimn of the ad�acent street or highray facilities or other
related matters pertainin6 to safety and health of the genera.l public. The
Lessor shall not be responsible or liable for any damage to or interference with
the improvements to, or operations conducted on the leaeea premises by reason of
any examination, inspection, maintennnce (includin� anow a�nd ice rea�oval), rept�ir,
c�nstruction or recmastruction of the ed�acent street or highway facilities.
(16) All nmtices herein provided to be 6iven, or which may be �iven, by
either party or the other, ahall be deeraed to hnve been fully 6iven when aerved
persenall' on�Leasor or Leseee, or when meele in writing and deposited in the IInitea
States ma.il, certified and rosta�e rrepaid, and addressed as follows: To the
Lessee at the Delartment of Public Safety Buildin�, 101 $. lOth Street, St. Paul,
Minnesota 55101; to the LeBaor at State Tranaportation Buildin`, Office of Right of
Way Operations, St. Paul, Minnesota 55155• The address to whick the noticea shall
be mailed ae aforesaid to either party shall or caay be cha.naed by written notice
gi�en by such party to the other, aa hereinlrefore provided, but nothin6 herein
containel shall preclude the �ivina of an� such notice my personal service.
(17) Lessee ehall pay Lessor all costs and e�c�►enaes, includin` attorney'a
fees in a reasonable sum in any action tirought by Leseor for the breach oi any of
the covenants or a6reements contained in this leaae� or to recover poeseeaiom of
said property, whether such action progresses to judgment or not.
Page 3 of 5 Pages
:,
(la) The Lesaee indemnifiea, saves eind holda harialese the Lessor and
any a6ents or employees thereof, from all claims, demands, actions or causes of
action of whatsoever nature or character, arising out of or by reason of this leaee.
(19) Should the Lessee hold over after the expiration of the term of this
lease with the consent of the Lesaor, express or implied, said tenancy ehall be
dee�aed to be a tenancy only frora month to donth, sub�ect otherwise to all ef
the terins and conditions of tl�is lease so far as arplicable.
(20) The �roperty described hereig ma�r be used only for the purposes stated
in para�raph one above. It is the sole and excluBive responsibility of the Lessee
in the use of the property to coa�ly r+ith any and all lawB, rulea, regulation or
ordinances imposed by any jurisdiction affecting the use to which the property is
proposed to be put.
(21) If default sha11 be nxde in any of the covenants or agreements on the
part of the Lessee contained in this lease, Leasor may, at its option, at any time
after such default or breach, and rrithout any dea�and on or notice of Lessee or to
any other person, of any kind whatsoever, re-enter and talce poesession of said
property and re�ove all persons and property therefrom, and Lessee waives any 1e6a1
remedy to defeat Lessor's right of possesaion hereunder. The Lessor specifically
reserves the right to tercainate this lease under this paragraph if a traffic survey
by either the St. Paul Departceent of Public Works Traffic Bureau or the Lessor
reasonably shows that a traffic hazard or potential cause for traffic disruption
has been created by the Lessee's use of the premises and remains uncorrected after
the Lessee has received notice of such traffic hazard or potential cause for traffic
disruption.
(22) This lease me�y be terminated by either party for any reason at any tine
durina the term hereof by giving the other party written notice at least 30 d.ays
ttext prior to the date xhen such termination shall become effective.
Page 4 of 5 Pages
t-
N
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year in this lease first above written.
Approved as to form• CITY OF ST. PAUL, Lessee
Warren Spannaus, Attorney General �
By
gy Its a or
Special Assistan� Attorney General ,, ,p
B � � �
y „ •
. � �
Its Chief of Police
APPROVED by Councfl Resolution By
Director, Department of Finance
C.F. � and Managernent Services
Dated
STATE OF MZNNESOTA. Lessor
DEPARTMENT OF TRANSPORTATION
���t ,. Commissioner of Transportation
� i'a,
G
_, -_.
Cc: � �
.. �
'-ly
R. H. Sullivan, Director
Right of Way Operations
Approved as to execution: Approved on
Warren Spannaus, Attorney General Commissioner of Administration
By
,gy Director, La.nd Division
Special Assiatant Attorney General
Page 5 of 5 Pages
_.: _
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