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271513 WHITE - C�TV CLERK �►�y�-�� PINK - FINANCE � t CANARV - DEPARTMENT GITY OF .SAINT PALTL COUIIClI BLUE - MAVOR File NO. RETURN COPY TO Council Resolution VALUATION BUREAU Presented By � Referred To Committee: Date Out of Committee By Date WHEREAS� the City of Saint Paul owns certain lands in the vicinity of the Nfunicipal Staclium; and WHERF�AS, the Crosby American Properties, Inc. has requested permission to continue to lease a portion of said City awned land described as follows; That part of the Northeast 1�4 of Section 27, Township 29 N, Range 23 W., bounded on the west by a line fifty (50) feet east of and parallel with the west line of said northeast 1��+, on the northeast and east by the north- easterly and easterly lines of the Municipal Stadium property, and on the south by a line twenty (20) feet northerly of and parallel with the north curb line of DeCourcy Drive as constructed, together with an easement for reasonable ingress and egress to public highways. RESOLVID, that the proper City Officials are hereby authorized to enter into' an agreement for a four year and six month term with the Crosby American Properties, Inc. providing monthly rental of $350.00 and - provided further that the Crosby American Properties, 2nc. furnish a liability insurance contract in which the City of Saint Paul is also named insured, the limits of which are to be no less �han the general statutory liability for a municipality as limited by Minnesota State Statutes. COUNCILMEIV Requested by Department of: Yeas Nays Butler � �n Favor Fin and Mana t Services Hozza Hunt Levine __�__ A ga i n s t —� �— Maddox �� r�eC�r Showalter Tedesc Form Approved by City Attorney Adopted oun . Date ��'� �5 � Ce ied P� ed by Cou �1 Secretary B 7 ��7�' M. t�pproved by ;Nav . ate _ L��7 ��7� Appro ed Mayor for Sub ' s' n t ncil BY - BY E'UBLISHED AUG 5 197 , . � i : � , . , ,. • � o � . � . . . ,� - � � � . . . . , a ; �-� '). :. . o � , . 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RESOLt1TIONS, AND O�DZI�IANCES �'�� . . • R ' Dat�: Jurie 13, 1978 Tp�/ MAYOR GEORG£ LATIMER � aW� �g; J. Wm. Donovan, Valuation & Assessmen.t Engi.neer, Dept. of Finance & M�►t. Services (E�t, 5317) . �; Renewral lease�agreement with a recoa�nend.ed increaae of comapensation6� E C E � V E � for Crosby.�merican. Properties (a wholly awned subsidiafy of Americ�.�� 'xo is t� an a v e r r ic k co�npan,y) JUL 1 4 1978 MAYOR'S Q� AcT=oH ��vESZ�n: ' � Approval recom�endation to increase monthly rental f'rami $250.00 to $350.00 and renewal lease for four years.and ffi3�x months. PLTRPOSE AND RATIONALE FOR TfiIS ACTI�N: � : For 59,835 $�� 'eet of land•the: increase will be f'r� 62¢ to 66¢ per equare foot per year, anc� capitalization rate will 3.ncrease fYo� 8�, to 11�; there ha� been no. increase in compensation since the origlnal lease was si.gned in 1970. ATTAC�sM�?TS: . � 1. CA�lacil Resolution . 2. Area Map . 3. Copy o�' Leaae A�reement . �� L E A S E A G R E E M E N T THIS AGREII�N'P, Made and entered into this 21st day of Au�ust, 1978, by and between the CITY OF SAINT PAUL, a municipal corporation of the State of Minnesota, hereinafter referred to as "Lessor", and Crosby American Properties, a corporation of the State of Minnesota licensed to do business in the State of Minnesota, hereinafter referred to as "Lessee", WITNESSETH: 1.01. Lessor, for the consideration hereinaf'ter set forth, does hereby let unto Lessee certain land located within the City of Saint Paul, Ramsey County, State of Minnesota, described as follows, for a term of four (�+) years and six (6) months commencing on the 21st day of August , 1978, and terminating on the 20th day of Februaxy , 1g83. That part of the Northeast 1�4 of Section 27, Township 29 N, Range 23 W., bounded on the west by a line fifty (50) feet east of and parallel with the west line of said northeast 1�4, on the northeast and east by the northeasterly and easterly lines of the Municipal Stad.ium property, and on the south by a line twenty (20) feet northerly of and parallel with the north curb line of DeCourcy Drive as constructed, together with an easement for reasonable ingress and egress to public highways. 1.02. Lessee may request an extension of this Lease for a further term of four (4) years, which request sha11 be transmitted to Lessor on or before the 20th day of August , 1982. Such written notice shall be delivered to the off`ice of the City Clerk. If Lessor consents to the extension requested, written approv�l shall be transmitted to Lessee on or before the 4th day of Se�tember , 1982. Rent for the period of extension shall be subject to agreement by and between the parties as evidenced by addendum to this Lease Agreement. 2. As consideration for the use of the demised premises, lessee shall pay, in advance, the sum of Three Hundred and Fifty Dollars ($350.00) per month, payable at the office of the City Comptroller in the City Hall aid Court House, Saint Paul, Minnesota. �,+��a� 3. The Lessee, in addition to the above stipulated rental, shall promptly pay when due all taxes, general or special, all public rates, dues and special assessments of every kind which shall become due and payable upon said real estate or improvements thereon during the term of this Lease. It is flzrther agreed that in the case of nonpayment or failure by the Lessee to pay and discharge any taxes, assessments, rates, chaxges or levies as herein provided, then the Lessor may, at its option, terminate this Lease Agreement by giving Lessee ninety (90) days written' notice, and Lessee sha11 peaceflzlly give up the possession of the premises and restore the property to its original condition. Nothing herein shall prohibit Lessee from reasonably contesting the levy of any such tax. �+. Lessee shall have the right to terminate this Lease in the event that (a) a11 or a substantial part of the leased pre.mi.ses are taken by the right of eminent doma.in, or (b) I,essee is deprived of access to the leased premises. In the event of such termination, Lessee shall restore the premises in the manner and as provided for in Paragraph 8 of �his Lease Agreement. 5. Lessee sha11 have the use of the demised premises during the term of this Lease for the purpose of constructing, operating and main- taining a solid waste transfer station only. Lessee shall construct, , operate and maintain its said transfer station in strict compliance with all applicable ordinances, State and Federal Laws, and in compliance with a11 r�a._tes and regulations imposed by the Minnesota Pollution Control Agency. Lessee shall not create nor maintain a nuisance,as defined by law, on the demised premises. 6. Lessee agrees to f�irnish and maintain, during the term of this Lease, public liability insurance, which shall protect the Lessor and the Lessee from claims or damages for personal injury, including accidental death, which may arise out of the occupation or use of the demised premises by the Lessee, which public liability insurance shall be in an amount of not less than One Hundred Thousand Dollars ($100,000.00) per person for injuries, including accidental death, and subject to the same limitations for each person in an amount of not less than Three Hundred Thousand Dollars ($300,000.00) on account of any single accident or incident, and flzrther -2- ��.�� include covera.ge for property damage in an amount not less than Three Hundred Thousand Dollars ($300,000.00) arising out of a single occurrence, which policies of insurance or certificates shall state that thirty(30) days written notice shall be given to the City before said insurance is changed or cancelled. Copies of said insurance policies or certificates shall be f`iled with the City Comptroller. 7. Lessee does hereby expressly agree and undertake to fully indemnify, hold harmless and defend the City of Saint Paul, its agents, officers and employees from any and all damages, claims, losses, judgments, suits, expenses, actions or causes of action in whatsoever manner arising out of or occasioned by the occupation or use of the demised premises by Lessee. 8. Lessee a�rees to .ma,ke all improvements to the demised premises entirely at i�s own cost and expense, and all site i.mprovements (including, but not limited to, grading, fill material, surfacing, fencing and drive- ways) shall be done in strict accordance with existing City ordinances and State laws, and flirther to the reasonable satisfaction of the Director of Finance and Management Services. Upon the termination of this Lease Agreement, Lessee expressly a�rees, at its own cost, to remove all i►�provements on the demised premises and to restore the demi.sed premises to its original condition and to the reasonable satisfaction of the Lessor. The premises shall be so restored within one hundred twenty (120) days of the termination of this Lease. Lessee shall maintain the insurance as described in Clause 6 of this Lease until the deraised premises is so restored. 9. The Lessee agrees t� promptly pay all rates and charges which may become due and payable for water, gas, electric current, sewer rental, steam, telephone or other services provided for the d�mised premises during the fla.11 term of this Lease. 10. The Lessee shall keep the premises in good order and the exterior of the building free from atl refuse, shall keep the sidewalks free from snow, ice and all obstructions, and shall promptly and reasonably remove all ashes, garbage and refuse of any kind from the premises during said term, taking into consideration the purposes for which this Lease is made. The Lessee shall not commit waste of any kind to the demised premises during said term. _3_ r�/��.��V 11. At all times during the term of this lease, Lessor sha11 have the right, by its agents and employees, to enter into and upon the demised premises and i.mprovements thereon during reasonable business hours for the purpose of examining and inspecting the same and determining whether the Lessee shall have complied with its obligations hereunder in respect of the care and maintenance and use of the premi.ses and the repair or rebuilding of the improvements thereon when necessary. 12. The Lessee shall not erect, affix or display any sign on the exterior of said premises without, in each instance, first securin$ the written consent of the Director of Finance and Management Services. 13. The Lessee shall not sell or assign this Lease or sublet said premises or any part thereof without first obtaining the written consent and approval of the Council of the City of Saint Paul, evidenced by its resolution duly adopted and enacted. Any such assignment or subletting without the approval of Lessor shall be void, and shall, at the option of the Lessor, terminate this Lease. This Lease shall not, nor any part or interest thereof, be assignable as to the interest of Lessee, by operation of law, without the written consent of Lessor. 1�+. All notices at any time to be served by the Lessors upon the Lessee shall be in writing and sent by registered mail with postage prepaid, addressed to the Lessee, Crosby American Properties, 63 South Robert Street, Saint PaU.l, Minnesota 55107. All notices at any time to be served by the Lessee upon the Lessors shall be in writing and sent by registered mail with postage prepaid to City of Saint Paul, in care of City C1erk,Room 386, City Hall�d Court House, Saint Paul, Minnesota 55102. 15. It is agreed betweenthe parties that in case at any time default shall be made by the I,essee in the payment of ar�y rent upon the day when the same shall become due or payable, and such default shall continue for ten (10) days, or in case default shall be made by the Lessee in the performance of any of the other terms, conditions or covenants of said Lease by said Lessee to be performed, other than the covenant for the payment of rent, taxes and assessments as set out in Paragraph 3 above, and said default shall continue for a period of thirty (30) days after the service of written notice of such default by the Lessor on the Lessee (no notice of default in the payment of rent being necessary), then the Lessor may enter into and upon the demised premises or any part thereof and repossess the same, with or without prejudice to any of its remedies -�+- ��.f'�� for rent or breach of covenant, and in any such event may, at its option, termi.nate said Lease by �ving written notice of its election so to do, or , may, at its option, let the premi.ses or any part thereof as the agent of the Lessee, or otherwise. The foregoing rights and remedies given to the Lessor axe, and shall be deemed to be, cUmulative, aid the exercise of one sha11 not be deemed to be an election, excludin� the exerciee by the Lessor at any other or different time of a different or inconsistent remec�y, and shall be deemed to be given to said I,essor in addition to any other and ftiirther rights granted to said Lessor by the terms of this Agreement, or by law, and the failure upon the part of the Lessor at any time to exercise any right or remedy hereby given to it shall not be deemed to operate as a waiver by it of its right to exercise such right or remedy at any other or flzture time. 16. In the event this Lease Agreement or any part thereof is determined by any Court's decision to be contrary to any ea�.sting law, this Lease Agree- ment shall be terminated, and the premises restored to its original condition to the satisfaction of the Lessor, all-..at the sole cost and expense of the Lessee. In the event of such termination, it is expressly agreed upon by and between parties hereto that Lessor sha11 in no way be liable for any dam,ages caused or incurred by Lessee. -5- ��.f�� IN WITNFSS WHERF�F, the Lessor has caused this Lease to be executed on its behalf by its Mayor, its Director of Finance and Mana�ement Services and its City Clerk, respectively, and the Lessee has caused this Lease to be executed on its behalf by its and , as of the day and year first above written. APPROVED AaS TO FORM: CITY OF SAINT PAUL: �.��'7d'. Mayor Assistant Ci Attorney Director of Finance and Mana.gemen'C"':"�'f°V"`ce'�' City Clerk CROSBY AMERICAN PROPERTIES COMPANY By Its And Its -6- �4e~/ .r.fJ�� S TA.TE OF MLNNF�OTA ) ) ss. COUNTY OF RAMSEY ) On this day of , 1978, before me, a notary public within and for said County, personally appeared George Latimer, Bernard Carlson, and Rose Mix, to me personally kno�m, who, being each by me duly sworn, did say that they are respectively the Mayor, Director of Finance and Management Services, and the City Clerk of the City of Saa.nt Paul, Minnesota, named in the foregoing instrument, and that the s�a1 affixed to said instrument is the seal of the City of Saint Paul, and that said instrument was signed and sealed in behalf of said City of S aint Paul by authority granted pursuant to formal resolution af the Council of the City of Saint Paul, Council File No. , passed and approved the , and the said Mayor, Director of Finance and Management Services, and City Clerk acknowledged said instrument to be the act and deed of said City of Saint Paul, pursuant to said resolu�ion. Notary Public, Ramsey County, Minnesota My commi.ssion expires ' STATE OF MCNNF50TA ) ) ss. C OtTNr.i'Y OF RAbS EY ) On this day of , 1978, before me, a notary public within and for said County and State, personally appeared and , to me personally known, who being each by me duly sworn did say that they are respectively the and the of Cr�sby American Properties, Inc., the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that sa.id instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, a,nd said and acknawledged said instru.ment to be the free act and deed of said corporation. Notary Public, Ramsey County, Minnesota N�y coacunission expires � -7-