01-1257Council File # �\���5�
ORIGINAL
Presented By
Referred to
RESOLUTION
CITY OF SAINT P,AUL, MINNESOTA
Green Sheet # �7 �
�
Committee: Date
1 WHEREAS, Saint Paul Public Schools, Independent School District 625, has proposed to
2 lease a.43 acre azea of Langford Park adjoining the School DistricYs Saint Anthony Pazk
3 Elementary School to provide for school-related outdoor activities including construction of a
4 children's play equipment azea for elementary school age children; and
5 WHEREAS, the proposed lease and children's play area is consistent with the Master
6 Plan for Langford Park developed by the St. Anthony Pazk Langford Initiative far the
7 NeigJ�borhood Good (SAPLING) organization, as approved and adopted by the St. Anthony Park
8 Community Council on December 13, 2000, and by the Saint Paul Pazks and Recreation
9 Commission on June 13, 2001; and
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11
12
13
14
15
16
WHEREAS, the St. Anthony Pazk Community Council at its September 13, 2001,
meefing reviewed and approved the proposed lease area and site plan, and recommends approval
by the Pazks and Recreation Commission and City Council; and
WHEREAS, the Division of Parks and Recreation has reviewed the proposed lease area
and site plan and recommends approval; and
WHEREAS, the term of the proposed lease is to be ten years, with option to renew for
two additional five years terms; and
17 WHEREAS, the Saint Paul Parks and Recreation Commission at its November 14, 2001 f
18 meeting adopted Resolution #01-13 which concurred with the proposed lease of said .43 acre
19 azea of Langford Pazk adjonung the St. Anthony Park Elementary School to Saint Paul Public
20 Schools, Independent School District 625, and recommended approval by the Saint Paul City
21 Council;
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22 NOW, THEREFORE, TT RESOLVED by the Council of the City of Saint Paul, that the
23 Mayor and the proper city officials aze hereby authorized and d'uected to enter into a lease with
24 Saint Paul Public Schools, Independent School District 625, for a.43 acre azea of Langford Pazk
25 adjoining the St. Anthony Pazk Elementary School in a form and content substautially as set forth
26 in the agreement draft attached hereto.
27
r
Yeas Nays Absent
Benanav ✓
Blakey _ ,/
Bo5trom ✓
Coleman ,i
Harris_ ✓
Lantry _ ,i
Reiter ✓
I fl II � I
Adopted by Council: Date �p.e, 7.0
Adoption Certified by Council Secretary
BY ����,- �, 4
Approved by Mayor: Date: `+"'�-'� �` �
By:
Di
By
by:
of Parks and Recreation
:� � 1�/ .�
Form Approved by City Attorney
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Ey: VJ_��.-x.�,
Approved by Mayor for 5ubmission to
Council 3
By:
V
DEPARTMENT/OFFICE/CAUNCIL DATEINITIATED GREEN SHEET NO. 113298
Parks and Recreation Nov 20, 2001
C ��'�-S
CONTACTPERSONANDPHONE INRIA E INITIAL/DATE
JohnWirka 266-6411 � OFPARTMEMDIRECTO / 4 cmcouNa�
UMBFRFO Z CITYATTORNEY � S CITYCLERK
MU5TBEONCOUNCIIAGENDABY(DATE) ��� FINANCIALSFRVICESDIR FINANCIALSERV/ACCTG
�r��GVVT J�f/�/��0/ .3 MHYOR(ORASSISTANT) B PARICSANDRECREATION
TOTAL#OFS16NATUREPAGES � (CLIPALLLOCATIONSFORSIGNATURE)
ACTION REQUESTED.
Approval of City Council Resolution
Saint Paul Public Schools - City of Saint Paul
Lease Agreement: Langford Park - Saint Anthony Park Elementary School
RECOMMENDATIONS: Appmve(A)orRe�ect(R) PERSONALSERVICECONTRACTSMUSTANSWERTHEFOLLOWINGQUESTIONS:
_PLANNINGCOMMISSION QVI�SERVICECOMMISSION �_ Hasihispersonffrtneverworkeduntlerawn[actforthisdepariment?
CIB COMMITTEE A Parks and Recreatioo Commission YES NO
A STAFP 2 Has this persoNfrm ever been a uty employee'+
YES NO
DISTRIGT COUNGIL
— 3. �oesthisperson/frmpossessaskilinotnormallypossess2tlbyanycurtenicityemployee'+
SUPPORTSWHICHCOUNGLOBJECTNE'+ YES NO
�plain all yes answers on sepa2te sheetantl attach to green shee[.
INITIATING PROBLEM, ISSUE, OPPORTUNITV (Who. What, When, Where, Why).
Saint Paul Public Schools proposes to lease a.43 acre area of Langford Park adjoining school property at Saint Anthony
Park Elementary. The area will be used for school related outdoor activities including children's play equipment area
for elementary-school aged children. The Saint Anthony Park Community Council, the Parks and Recreation Commission
and the Division of Parks and Recreation recommend approval.
ADVANTAGESIFAPPROVED
Approval of lease agreement will result in a clear definition of responsibilities between schools and Parks, and the school
play area projectcan proceed.
DISADVANTAGESIFAPPROVED' p'p�:s������ �"�''�
None
� ��� � � ��u�
DISADVANTAGES IF NOTAPPROVEO: � '�
Lease and related work cannot proceed. �__"'` .: .-.
TOTALAMOUNTOFTRANSACTION $ NA COST/REVENUEBUDGETED(CIRCLEONE) YES NO
FUNDING SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION (EXPLAIN)
o � -t�.s?
Saint Paul Parks and Recreation Commission
RESOLUTIOr O1-13
�VHEREAS, the Saint Paul Pazks and Recreation Coiflmission is an appointed body
established to advise the Mayor and City Council on long-ran�e and city-wide matters related to
Parks and Recreation; and
WHEREAS, Saint Paul Public SchooIs, Independent School District 62�, has proposed to
lease a.43 acre area of Langford Park adjoinin� the School District's Saint Anthony Park
Elementary School as illustrated on the attached site plan dated September 13, 2001, to provide
for school-related outdoor activities including construction of a children's play equipment azea
for elementary school age children; and
�VFIEREAS, the proposed lease and children's play azea is consistent with the Master
Plan for Langford Pazk developed by the St. Anthony Park Langford Initiative for the
Nei;hborhood Good (SAPLING) organization, as approved and adopted by the St. Anthony Park
Community Council on December 13, 2000, and by the Saint Paul Pazks and Recreation
Commission on June 13, 2001; and
WHEREAS, the St. Anthony Park Community Council at its September 13, 2001,
meeting reviewed and approved the proposed lease azea and site plan, and recommends approval
by the Pazks and Recreation Commission and City Council; and
WHEREAS, the Division of Parks and Recreation has reviewed the proposed lease azea
and site plan and recommends approval; no�v, therefore,
BE IT RESOLVED, that the Saint Paul Pazks and Recreation Commission hereby
concurs �vith the proposed lease of a.43 acre azea of Langford Pazk ad}oining the St. Anthony
Park Elementary School to Saint Paul Public Schools, Independent School District 625, and
recommends approval by the Saint Paul City Council.
Adopted by the Saint Paul Parks and Recreation Commission on November 14, 2001
Yeas 5
Nays _Z_
Resolution 01-13
Absent 1 �
Attested to by ,
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Staffto the Parks and Recreation Commission
(pr57)
Revised
Authority (C.F. or A.O.)
LEASE NO.
St. Anthon�Park Tot Lot
FINANCE DEPT. LEASE NO. pR/57
DATE: Sentember 28 2001
LESSOR: CITY OF SAINT PAUL
DEPARTMENT OF PARKS & RECl2EATION
LESSEE: ISD # 625
360 Colborne Street
Saint Paul Minnesota 55102
Term of Lease. This lease shall be in effect for a term commencing and endin� on the dates
indicated below, unless tersninated earlier by the LESSOR as provided herein.
[1] Leased Premises. The LESSOR, in consideration of the payment of the Basic Rent and Additional
Rent Hereinafter specified to be paid by the LESSEE, and the covenants and agreements herein
contained, does hereby lease, demise and let unto LESSEE the premises hereinafter referred to as
the "I.eased Premises," whose address is:
See Exhibit "A", plan or map of leased area which is incorporated herein by this reference.
[2}
Term
(MonthslYeazs)
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.
Commencing Date
10 Years
[37
December 1, 2001
,RKS
TION
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CITY OF SAINT PAL3L
STANDARD LEASE
AGREEMENT
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OCT222001
Ending Date
November 30, 20ll
The LESSEE shall have the option of renewing this a�reement for two additional 5 year terms.
LESSEE shall provide written notice not later [han 120 days prior to expiration of its intention to
renew.
Use of Premises. The LESSEE shall use and occupy the Leased Premises for the following purpose:
and for no other purpose without the prior written consent of LESSOR.
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[4] Rent. Rent shall consist of Basic Rent and such Additional Rent as �'� shall pay
ali rent in advance, on the first day of the term of the lease and on �e hrst day of each payment
period thereafter as indicated in the foliowing Payment Schedule:
(A) Basic Rent
Total Basic Rent
During I.ease Term
$1.00
Schedule
(Payment Period —
Commencing Date
— $ per Period)
10 Year
December 1. 2001
1.00
(B) Additionai Rent. Additional Rent means all amounts, other than Basic Rent provided for
in pazagraph (4-A) above, that LESSEE shall be obligated to pay under this pazagraph or
other provisions of this I.ease. Additional Rent shall include, but is not limited to, the
following fees, costs and expenses:
(1)
(2)
(3)
(4)
(5)
all utilities, including wa[er, electric, gas, telephone, sewage and gazbage collection
and disposal;
costs for the repairs, improvements or alterations reguired to be made by the LESSEE
in paragraph 11 of this I,ease;
all taxes on realty or personalty, general or special;
all public rates, dues, charges and assessments, general or speciai, of any kind upon
the Leased Premises; and
property insurance premium and/or uninsured losses as set forth in pazagraph (7) of
this Lease.
In the event that LESSEE does not make such payments (or any payments required to be paid
as Additional Rent), LESSOR may make the payments at its option, and the payments so
paid become Additional Rent, and aze due and payable by the LESSEE with the payment of
Basic Rent next required after written notice of same to the LESSEE by LESSOR.
LESSEE shall make all payments of Basic Rent and Additional Rent to LESSOR at the following
address:
The applicable account number for City Finance Accounting Code is:
All Basic and Additional Rent shall be payable on the date certain provided herein, or — if no date
certain is provided — within 30 days of [he billing date. The Lessor shall charge interest of 1.5% per
month on any Basic or Additional Rent remaining unpaid beyond the due date as here provided.
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[5} Taxes. LESSEE shall be responsibie for and pay all taxes and assessments against the Lzased
Premises, except that LESSEE may at its own expense contest and challenge the imposition or
amount of any such tax or assessment as prescribed by law; provided, however, that in the event this
I.ease is terminated by either party, LESSOR may at its option require the L.ESSEE to pay such
contested taxes pending appeal, to place in escrow a sum sufficient to pay said tases, or take other
action that will remove said contested taaces as an encumbrance to title or as an exception to the
transferability of mazketable title to the Leased Premises.
[6] Ripht of Entrv. At all times during the term of this lease, the LESSOR shall have the ri�ht, by itself,
its agen[s and employees, to enter into and upon the Leased Premises during reasonable business
hours or, in the event of an emergency, at any time for any legitimate purpose.
[7] Insurance.
(A) LESSEE'S Insurance. The LESSEE shall acquire during the term of this lease the following
coverage:
(1) The LESSEE shall be responsible for the self insurance of, or the acquisition of
• Commercial Property Insurance on, its personal property.
(2) The LESSEE shall provide proof of self-insurance, to comply with chapter 466 of
Minnesota Statutes, or shall acquire COMMERCIAL GENERAL LIABILTTY
INSURANCE including blanket contractual liability coverage, personal injury
liability coverage and broad form property damage liability endorsement with a
combined sinale limit of not less than $750,000 per occurrence shall be purchased
by the LESSEE. Such insurance shall: (a) name the City of Saint Paul as additional
insured; (b) be primary with respect to LESSOR'S insurance or self-insurance; (c) not
exclude explosion, collapse and underground property damage; (d) be written on an
"Occunence" Form policy basis; and (e) not contain an"aggregate" policy limit
unless speciPicaily approved in writing by LESSOR.
(3) The LESSEE shall provide proof of self-insurance, to comply with chapter 466 of
Minnesota Statutes, or shall acquire AUTOMOBILE LIABILTI'YINSURANCE with
minimum limits of $75Q000 combined single limit and $1,000,000 a��regate,
covering hired, non-owned and owned automobiles.
(4) WORKERS' COMPENSATION INSURANCE with not less than statutory minimum
limits; and EMPLOYERS' LIABILITY I�i'SURANCE with minimum limits of at
least $100,000 per accident and with an all states endorsement.
{5) The LESSEE shall supply to LESSOR cunent insurance certificates for policies
required in Paragraph (7). The said certificates shall certify whether or not the agent
has errors and omissions insurance covera�e.
(6) The limits cited under each insurance requirement above establish minimums; and
it is the sole responsibility of the LESSBE to purchase and maintain additional
insurance that may be necessary in relation to this lease.
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(7) Nothing in this contract shall constitute a waiver b}�'t'�ie �ESSOR of any statutory
limits or exceptions on liability.
(8) LFSSEE shall place the insurance with responsible insurance companies authorized
and licensed to do business in the State of Minnesota and approved by LESSOR, and
shall deliver copies of the policies to LESSOR on the date of LESSEE'S execution
of this agreement. The policies required in pazagraph (7) shall be endorsed to indicate
that the insurer cannot cancel or change the insurance without first givin� the
LESSOR 30 days' written notice.
(9) Insurance limits shall be subject to the tort claims liability limits as set forth in
chapter 466 of Minnesota Statutes.
(B) Waiver of 5ubroeation. LESSOR waives its right of subrogation for damage to the Buildin�,
contents therein, loss of use thereof, and/or loss of income, up to the amount of insurance
proceeds collected. LESSEE waives its right of subrogation for damage to property in the
Leased Premises, loss of use thereof, loss of income and/or accounts receivable, up to the
amount of their respective insurance proceeds collected. The parties shall notify their
respective insurance companies, in writing, of the provisions of this pazagraph; and, if either
cannot waive its subrogation rijhts, such party shall immediately notify the other party, in
writin�.
[8] Canceilation or Termination. This lease sha11 be subject to cancellation and termination by
LESSOR at any time during the term hereof by giving the LESSEE notice in writing at ninety (90)
days, (thirty (30) days for leases with a term of one (i ) yeaz or less or any month-to-month tenancies)
prior to the date when such termination shall become effective. In the event of such ternunation, and
on the effective date of such temunation, LESSOR shall return any unearned rental paid by the
LESSEE withou[ interest.
[9] Notice. All notices herein provided to be given, or that may be given by either party to the other,
shall be deemed to have been fully given when served personally on LESSOR or LESSEE, or when
made in writing and deposited in the United States Mail, cerCified and postage prepaid, and addressed
to the LESSEE at the address stated on page (1) and to the LESSOR at the Real Estate Division, 140
City Hall, Saint Paul, Minnesota 55102. The address to which the notice shall be mailed may be
changed by written notice given by either party to the other. Nothin� herein shall preclude the givin�
of such address change notice by personal service.
[lOJ Assi2nment and Subletting LESSEE shall not assign or sublet this Lease without the written
consent of the LESSOR, which consent must be obtained prior to the execution of any agreement
to sublease the Leased Premises.
[ll] Maintenance and Reaairs. LESSEE shall, at its own cost and expense, be responsible for all
repairs, maintenance and upkeep of the Leased Premises, includin� but not limited ro emer�ency
repairs of any kind; routine mnintenance and repair to keep the Leased Premises in good repair, safe
and in compliance with applicable fire, health, building and other life-safety codes; and all repairs
and maintenance needed to keep the buildings or structures on the Leased Premises in good con-
dition, including (a) the exterior (includina windows and doors) and interior structure of the
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buildin�s or structures, (b) the roof or roofs, (c) the heating, ventilating and r eonditio ' s
therein, (d) all electrical, plumbina, ligh[ing, mechanical systems, fi$�� ssion equipment, i.e.
fire sprinkler system; and (e) all grounds, fences and roads within the Leased Premises. The
foregoing obligations shall bind the L,ESSEE regardless of the cause of the damage or condition
necessitating the repair or maintenance.
[12] Pavments in Case of Default. LESSEE shall pay LESSOR all costs and expenses, includina
reasonable attorney's fees in any action brought by LESSOR to recover any rent due and unpaid
hereunder, or for the breach or default of any of the covenants or agreements contained in this Lease,
or to recover possession of said property, whether such action progresses to judgment or not.
[13] Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner termination of
this lease, shall quit peacefully and sunender possession of said property and its appurtenances to
LESSOR in as good order and condition as the property was delivered to the LESSEE.
[14] Indemnitv. The LESSEE agrees to indemnify, defend, save and hold harmless the City of Saint Paul
and an.y agents, officers and employees thereof from all claims, demands, actions or causes of action
of whatsoever nature or character, arisina out of or by reason of the Lease of the herein described
L,eased Premises by the LESSOR to the LE3SEE, ar the use or condition of the I.eased Premises or
as a result of the operations or business activities taking place on the Leased Premises. It is fully
understood and agreed that LESSEE is aware of the conditions of the I,eased Premises and leases
the same "as is."
[15] Holdover. Any holdover after the expiration of the term of this L,ease shall be allowed only after
receiving the written consent of the LESSOR. Said tenancy shall be deemed to be a tenancy only
from month-to-month. All other terms and conditions of this Lease shall be applicable.
[16} Pollution and Contaminants. LESSEE agrees to comply with all ordinances, laws, rules and
regulations enacted by any governmental body or agency relating to the control, abatement or
emission of air and water contaminants and the disposal of refuse, solid wastes or liquid wastes.
LESSEE shall beaz ali costs and expenses arising from compliance with said ordinances, laws, rules,
or regulations and shall indemnify, defend, save and hold hamiless LESSOR from all liability, in-
cludin� without limitation, fines, forfeitures, and penalties arising from the failure by LESSEE to
comply with such ordinances, laws, niles or regulations. LESS OR has the right to perform cleanup
and charge the LESSEE as Additional Rent for such costs should the LESSEE fail to comply.
[17] Contro]ling Lease. In the event there is any prior existin; lease or rental agreement between
LESSEE and LESSOR (or its predecessor in interest) covering the subject property, it is agreed and
understood that this Lease shall cancel and terminate any prior leases or rental agreements as of the
effective date of this lease.
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[18] Destruction. In the event of damage to or destruction of the I,eased P��7� or in the event the
premises becomes untenantable or unfit for occupancy due to such damage during the term of this
Lease, LESSOR may at its option:
(A) terminate the lease upon fifteen (15) days' written notice to LESSEE; or
(B) within fifteen (15) days agree to restore the premises within a reasonable time period
followin� the casualty, chazgin� the costs in excess of the insurance proceeds, if any, to the
LESSEE as Additional Rent; or
(C) may direct that LESSEE promptly restore the Leased Premises to substantially the condition
existing immediately prior to such dama�e or destruction, and for that purpose, if such dam-
age or destruction was caused by perils insured against the LESSOR shail make available to
LESSEE pro-rata, as work progresses, the net proceeds of such insurance. If such proceeds
aze insufficient to pay the entire cost thereof, LESSEE agrees to pay as Additional Rent, a
lump sum payment (or in a form agreed upon by the LESSOR) equal to the remainder of
such cost.
The Basic Rents to be paid during the restoration period shall be abated in propor[ion to the
percentage of loss and impairment of the use of the I,eased Premises as deternuned by the
'LESSOR, times the number of days of loss or impairment.
[19] Events of Default. The occurrence of any of the following events during the term of this Lease shall
constitute an event of defauit by the LESSEE:
(A) the filing of a petition to have LESSEE adjudicated bankrupt or a petition for reorganlzation
or arrangement under any laws of the United States relating to bankruptcy filed by LESSEE;
(B) in the event a petition to have LESSEE adjudicated bankrupt is flled against LESSEE, the
failure to dismiss such petition within ninety (90) days from the date of such filing;
(C) the assets of LESSEE or of the business conducted by LESSEE on the Leased Premises be
assumed by any trustee or other person pursuant to any judicial proceedings;
(D) LESSEE makes any assignment for the beneFit of creditors;
(E) the failure by LESSEE to timely pay Basic Rent or Additional Rent as required by this I.ease;
(F) the failure by LE3SEE to observe and perform any covenant, condition or agreement on its
put to be observed or performed as required by this Lease; or
(G) the failure by LESSEE or its surety to dischazbe, satisfy or release any lien or lien statement
filed or recorded against the Leased Premises within sixty days after the date of such filing
or recordin„ whichever date is earlier.
It is an express covenant and agreement of LESSOR and LESSEE that LESSOR may, at its election,
terminate this L,ease in the event of the occurrence of any of the events described in this paragraph
or in paragraph (22) relating to liens by givin� not less than ten days' written notice to LESSEE; and
when so terminated, LESSOR may reenter the Leased Premises. This Lease and its Leased Premises
shall not be treated as an asset of LESSEE'S estate. It is further expressly understood and agreed that
LESSOR shall be entitled upon such reentry, notwithst�tnding any other provision of this Lease, to
exercise such rights and remedies as are provided in Paragraph (24) of this Lease.
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(20] Cotnuliance with Laws. The property described herein may be used for only the purposes stated
herein. It is the sole and exclusive responsibility of the LESSEE in the use of the property to comply
with all laws, mles, regulations or ordinances imposed by any jurisdiction affectina the use to which
the property is proposed to be put. Tnabiliry or failure by the LESSEE to comply with any of said
laws, rules, regulations or ordinances will not relieve the LESSEE of the obligation to pay Yhe rentai
provided herein.
[21) Non-Discrimination. The LESSEE for himself, his personal representatives, successors in interest
and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant
running with the land, that
(A) no person, on the ground of race, sex, color religion, age, disability, marital status,
status with respect to public assistance or national origin or ancestry shall be excluded from
participating in, be denied the benefits of or be otherwise subjected to discrimination in the
use of said facilities;
(B) that in connection with the construction of any improvements on said lands and the
furnishing of services thereon, no discrimination shall be practiced in the selection of em-
ployees and contractors, by contractors in the selection and retention of first tier subcontract-
ors, and by first-tier subcontractors in the selection and retention of second-tier subcon-
tractors;
(C) that such discrimination shall not be practiced aaainst the public in its access in and use of
the facili[ies and services provided for pubiic accommodations (such as eating, sleeping, rest
and recreation) constructed or operated on the I,eased Premises; and
(D) that the LESSEE shall use the premises in compliance with all other requirements imposed
pursuant to the Saint Paul L,egislative Code Chapter 183.
(22] Liens. The LESSEE shall not pernut mechanic's liens or other liens to be filed or established or to
remain a�ainst the Leased Premises for labor, materials or services fumished in connection with any
additions, modifications, improvements, repairs, renewals or repiacements made to the Leased
Premises, or for any other reason; provided that if the LESSEE shall first notify the LESSOR of its
intention to do so and shall deposit in escrow with the LESSOR a sum of money or a bond or
irrevocable letter of credit acceptable to the LESSOR equal to the amount of the claim of lien,
LESSEE may in good faith contest any such claims or mechanic's or other liens filed or established
and in such event may permit the items contested to remain undischarged and unsatisfied durin� the
period of such contest. If, in the opinion of the LESSOR, the nonpayment of any such items subjects
the Leased Premises to any loss or forfeiture, the LESSOR may require the LESSEE to use the es-
cro�v account to promptly pay all such unpaid items and if LESSEE fails to pay from the escrow
account, the LESSOR may pay and charge the LESSEE as Additional Rent.
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[23] Eminent Domain. In the event the entire I.eased Premises are taken���i�i�i'ti8nf cZomain,�
portion thereof is so taken that in LESSEE'S reasonable judgement it is uneconomic thereafter to
restore the I.eased Premises and proceed under the terms and provisions of this Lease, LESSEE may
tem this L.ease by giving to LESSOR thirty days' written notice of tennination, effective as of
the date on which the condemning authority acquires legal title or physical possession of the L.eased
Premises. LESSEE hereby waives and releases any claim to or share in the Awazd of Compensation
for the taking, notwithstanding any other provision of law, this I.ease or any other a�reement.
LESSEE may to the extent otherwise permitted in the eminent domain proceeding, remove its own
trade fixtures at its own expense.
[24] Default Remedies. In the event an Event of Default occurs under pazagraph (19) of this Lease,
LESSOR may exercise any one or more of the following remedies:
(A) reenter and take possession of the Premises without termination of this L,ease, and use its best
efforts to ease the Premises to or enter into an agreement with another person for the account
of LESSEE;
(B) terminate this lease, exclude LESSEE from possession of the Premises, and use its best
efforts to lease the Premises to or enter into an agreement with another in accordance with
'applicable law;
(C) exclude LESSEE from possession of the Premises, with or without terminating this Lease
and operate the Premises itself;
(D) ternunate the Lease, exclude LESSEE frompossession of the I.eased Premises, sell all or any
part of the Premises at the best price obtainable (provided such sale is pernutted by applic-
able law,) such sale to be on such terms and conditions as the LESSOR, in its sole discretion,
shall determine and apply the proceeds of such sale less any expenses thereof for the account
of the LESSEE.
(E) exercise any remedies available to it under the Minnesota Uniform Commercial Code;
(F) take whatever action at law or in equity may appear necessary or appropriate to collect the
Basic Rent and Additional Rent then due and thereafter to become due, or to enforce
performance and observance of any obligation, agreement or covenant of the LES SEE under
this Lease.
(G) in exercising any of its remedies set forth in this Section, the LESSOR may, whether or not
the Lease is then in effect, hold the LESSEE liable for the difference be[ween the paymen[s
and other costs for which the LESSEE is responsible under this Lease,
I�io remedy herein conferred upon or reserved to LESSOR is intended to be exclusive of any other
available remedy or remedies, but each such remedy shall be cumulative and shall be in addition to
every other remedy given under this Lease or now or thereafter existin; at law or in equity by statute.
No delay or omission to exercise any such right or power accruing upon any default shall impair any
such right or power or shali be construed to be a waiver thereof, but any such right and power may
be exercised from time to time and as often as may be deemed expedient. In order to entitle the
LESSOR to exercise any remedy reserved to it in this Provision, it sha11 not be necessary to give any
notice, other than such notice as may be herein expressly required.
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[2�] Default of Pavmen� LESSEE aa ees that, should it default on any payment owing and due to be
paid to LESSOR as provided in this agreement, including but not liauted to Basic Rent and
Additional Rent, then the remaining unpaid balance shall, at the option of the LESS OR, immediately
become due. Said LFSSEE further aa ees that the LESSOR may, at its option and without notice to
LESSEE, enter judgment against L.ESSEE in Ramsey Counry District Court for the amount of the
unpaid balance. And LESSEE does hereby confess judgment in the amount of the unpaid balance
due upon default, and does authorize the LESSOR to enter judgment as provided above. LESSEE
does hereby agree that the LESSOR, at its option, may enter a judgment, at any time within one yeaz
of the time the last payment shall have come due, for the full amount of the unpaid balance due
pursuant to the confession of judgment provided herein.
j26] Amended. Anything herein contained to the contrary not withstanding, this I,ease may be
terminated, and the provisions of this Lease may be, in writing, amended by mutual consent of the
parties hereto.
��� o�-�u�t
IN WITNESS WHEREOF, the parties hereto have set their hands and seals th yeaz in t'
first above-written. *c
LESSOR:
Mayor
City Clerk
Director of Technology & Management Services
Department Director
City Attomey (Form Approval)
LESSEE:
Its
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SouMreat wme� o/ Lot 73, rr �� r.+�
� 8(ack 37. ST. MRHONY P/RK � Wg 56•IAE ^ r. �•�
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PARCEL A DESCRlPTION
That patt or long[ord Pc(k os shown on fha plet ot SL ANTHONY PARK,
according to tha rocordvd plat therool. Ramsey Counry, Minnasota whlch
lias easferly o/ fhe folloWing descnbed line:
Commencing ot the 90�UIW09( cornar o/ Lot 73, Hlock 37,
sold Sf. ANIHONY pnRK; thenae South J8 deg`aes 12 minutes
27 seeonds West e eistonce of 68.66 leet to the southe�ly
fine of Knopp SVaoE ond tl�s point o( beg(nn(ng of fina to be
desc�ibad; thent6 BouNtedy 528.55 faot abng a ncrt—tangential
eurve to the right, soid eune hevin9 a radius of 22B.68 /eet,
o cenWJ ongfe of 732 degroea 25 minutes 52 saconda. a
eho�V beonng of South 71 dagrees 50 minutos 19 aeconds
Enst and a cha�d af 418.51 leot !o tho northeAy (ine of
Lanyfwd Pork Eaat and thero sat0 Ane termintes.
Fo� the purpass o/ tAls duscnption the souN llna o( said Block J7 is
asaumed to hove n beariny of Nortfi 8a dagrees 56 minutos <9 eeconds
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Langford Park Playground Task Force
Recommendations 8J30/01
We recommend the following:
1. Lease and maintenance considerations
A) that the leased property line consist of an extended arc which
intersects Knapp and Scudder streets at approximately the same
location as the current fease line but with the central portion moved
toward the recreation center just enough to clear the peace garden,
basketball court and proposed playground by one foot or whatever
amount is minimally necessary from the current district proper'ty iine;
and that language be inciuded in the lease agreeing to no further
encroact�ment on Langford Park by the St. Paul School District; and
that language be included in the lease setting forth specific lines of
accountability for maintenance and repair of eguipment and grounds.
B) that a total redeveSopment of the existing turf in the play area
follow the playground construction at a seasonally appropriate time
including: the aeration of the soii to lessen compaction, addition of
topsoil, reseeding and watering, and followed by any other regular
maintenance afForded city parks.
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C) that the equipment be ordered before the end of this year, 2001, to
take advantage of the $8,127 in kind contribution ofFered by EFA in
their proposal dated: 8/27/O1.
2. Safetv & Securitv
A) that neighbors in conjunction with the Community Councii and the
St. Paul Biockwatch program initiate a strict park-wide enforcement of
curfew, noise, and any other ordinances subject to repeated viofation.
The elements of this initiative would inciude:
a. a meeting with Meredith Vog4and of the St. Paul Police
Department to organize a watch program outlining speciflc
reporting, enforcement procedures, and a{ist of current city and
park ordinances regarding curfew, noise, etc.. (Park hours are 8 am
- 10 pm)
2. Safetv &'Securitv continued
b. advising neighbors to call 911 to report any events or behavior in
� violation of city and park ordinances, i.e., cars parked on grass or
bfacktop, loud boom boxes, offensive language; the greater the
number of compta+nts, the higher the leve! of response by the St.
Faul Police.
c. the addition of a street light near the piayground equipment to
detract from inappropriate nigi�t time use of the area (specifics
contained in Additionai Landscaping Considerations.)
3) Desican
We recommend the following playground and landscaping design which
reflects input from The St. Paui School District, St. Paul Parks and Rec,
EFA, St. Anthony Park Elementary School staff and parents, Langford
Park neighbors, and other interested community members,
incorporating the following considerations:
A) Piayground equipment
a. That the equipment consist of the items listed on the 8/Z7/01
proposai from EFA with the tayout they propose there.
b. that for aesthetic reasons, the optionai equipment colors 6e tan,
brown, and pine green.
c. that for maintenance, aesthetic, and safety reasons, the edge
around the playgro�nd area be constructed of concrete instead of
wood.
d. that the school make the final determination on pea rock or sand
for the surface other than the area with ADA required synthetic
surface.
: �IG'c.r.�trt•��r.r�- -
a. that the two spruce trees be removed to eliminate need for bi-
level (step-down) piay areas; allow for additionai equipment but
smaller footprint; and reduce playground encroachment on Park
property. -
�
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B) Additionaf landscaping considerations continued � , �� �
b. that new trees be incfuded in the fandscaping pl� . � R�
with horticulturist, to repiace spruce trees and add visual buffers.
c. that no permanent fences be built anywhere on leased property
between the schooi and Langford Park.
d. that a landscaped (mowable) berm--which will not effect
drainage away from the schooi--be added to visually bufFer
equipment and naturaily inhibit unsafe access between piayground
and Langford St. East.
e. that one old historical streetiight similar to those along Carter
and Doswell streets next to College Park (with cast-iron bars,
corrugated po%s, and brass & copper luminarres) be purchased and
added on the park side of the playground to help discourage
inappropriate activity efter dark.
f. that, in consuitation with the elementary schooi, the prairie
garden be moved and redesigned to fit into existing District or
leased property.
Task Force Members who participated in preparation
of these proposafs:
.7im Beattie, Linda Hewitt, Courtney Hoard, Malcolm McGregor,
Scott Midness, Terri Petersen, ]oyce Holoubek, ]on
Schumacher, Wendy Tuily. Facilitator: Gordon Murdock
�
., .. • - � t - \�.57
,��� ;�� :¢`� �� ��
Prairie Garden Recommendation �� �.
����
We ask that the Prairie Garden not be moved, and that it become a
community garden. These are the reasons:
- It would be very difficult to move. Prairie piants have very deep
roots, so it woufd be difficuft to dig them up, and many would not
survive. Weeds would thrive in the disturbed soil, and it would take
several years of intensive weeding and mowing to get rid of them.
- The garden has been, and wili be in the future, maintained by
people who are not associated with the school
- The school community wiil stiil be able to use and enjoy the
garden.
We have discussed this plan with the Site Council chair, who thinks
it is a good idea, and wili propose it to the site committee. We
have contacted a member of the task force, who aiso supports the
plan.
To provide long term care, we would form a maintenance committee
and sign a maintenance agreement with Parks and Recreation, and
we woufd have that approved by District 12.
Unless the Site Council of SAP Elementary School asks specificaliy for
the Prairie Garden to be moved, we recommend that the garden not
be moved, and that in the future be considered a community
garden.
Marcie O'Connor and Dan Clark