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270589 . WHITE - CITV CLERK � 1 ` ��� PINK - FINANCE m��'. G I TY OF NT PAIT L COUIICIl �,��t�� � CANARY - DEPARTMENT ���• BLUE - MAVOR File NO. , esolutio� Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, The Sheehy Construction Company is under contract with the City to remodel the Lowry Annex, and as a part of said contract will be required to provide a temporary alternate public sidewalk in front of the premises on Fourth Street, and in order ' to do so will require the use of a portion of the Lowry Annex for a term of at least one year; and WHEREAS, Council has been requested to approve a lease for . a portion of the ground floor of the Lowry Annex to permit Sheehy , Construction Company to construct this temporary sidewalk at the sole expense of Sheehy Construction Company, and further conditioned upon the City receiving annual rent at the rate of $3.00 per square j foot of space utilized by Sheehy Construction Company; now, there- fore, be it RESOLVED, That the Council of the City of Saint Paul does hereby approve said Lease Agreement for the purpose set forth above subject to the terms and conditions set forth in the pro- posed Lease Agreement, a copy of which is attached hereto, and the proper City officers are authorized and directed to execute the Lease Agreement on behalf of the City of Saint Paul. COUNCILMEN Yeas Na}�s � Requested by Department of: Butler Hozza In Favor Hunt ,�1 Levine _ V __ Against BY �F�eecl� Sylvester Tedesco Form Appro e by 'ty At ney Adopted by Council: Date — t�A � 1 ,s7a Certified P -s d }' Council S etar BY By , � � ���+"'� \ Appr d by Mavoc D e � �� �''� 1 9 7 8 Appr v Mayor for Sub io to Council By BY ���E,.�J.����r...�� F..F.!?:if'� .A ,;.J�� . sJ':- 4 +f�h'ti ,. �� ` " �: ���A��� CITY HALL t�.�TI�1En LEASE L E A S E THIS INDE�ITL'RE, Made thzs 26t'� dayo uf January � 197 $ , between the CIiY OF SAI�TT PAUL, hereinafter cal.led "Lessor" , and SIIEEFiY CONSTRUCTION CO. , hereinafter called "Lessee"; 6VITNESSETH, That the Lessor for and in consideration of the covenants and agreer.tents hereinafter mentioned, to be kept and performed by the said Lessee, has leased to the said Lessee the follov��ing described premises: Approximately 150 square feet lying between 19 and 21 ti^). 4th Street at the southern edge of and locate� in the City Hall Annex, ath Street, Saint Paul, D�innesota, to be occupied by said Lessee for the construction and use as a pedestrian e,�alk�aa�� and for no other purpose whatsoever. TO HAVE AND TO HOLD, The said premises for a term of t�aelve months from the lst day o� February, I978 , until the 31st day of January 1979 . The Lessee riay elect to extenc? this lease beyond the above-state� term, and may do so by giving written notice to the Lessor' s Propert_y T�anager at least thirty (30) days prior to the expiration of the stated ter:;i. The term of this lease may then be extended so as to constitute a mor_th-to-month lease� provided, however, that the Lessor may elect to terminate the extended lease agreement, with or ��aithout cause, by the giving of thirty (30) days ' prior written notice of such termination to Lessee. ���������� Lessee agrees to pay as rent for said de::�ised premis�s, consisting of 150 square feet, at the annual rental of $3. �0 per square foot, payable in one lump sum of $450. 00 , in advance. Lessee shall not allov� the premises to be occuvied in whole or in part by any other party, and shall not sublet the premises in whole or in part. Lessee s�all not perriit any r.?echanic' s l�en or encur�brance to be placed unon the premises or any part thereof. Lessee does hereby release, discharge and agree to inder�nif_y, protect, defend and save harmless the Lessor, its emploZ�ees, officers and acrents, from liability for any cost, damage, eypense, injury or casualty to any person or persons or propert_y caused by or arising out of Lessee' s use and occuAancy of said premises. Lessee at its oc•m expense shall maintain during the term of this lease and extension thereof, insuring both Lessee and Lessor as joint insureds, public liability insurance in amounts not less than $300,000. 00 for bodily injuries and $150,000. 00 for propert�J damage, and shall include in such policy contractural liability endorsement. Lessee shall provide to Lessor a copy of such insurance policy or certificate of insurance. Lessee shall obtain at its o<<�n expense insurance covering Lessee' s property from all risks includinc� theft and fire. Lessee at its sole exnense shall perforri the follo�aing: 2 . _ � . � ,_ �����?�'�� .; 1. Keep the premises in good order and repair and promptly replace all glass thereof broken meanwhile with other of the same size and quality. 2. Construct a pedestrian walkway on the leased premises which will provide total separation between the pedestri- an walkway and the City Hall Annex offices. Said passage- way shall be insulated with a minimum of 3 1/2 inches of fiberglass insulation or its equivalent. 3. Provide signs for the Housing Information Office entry at 21 W. 4th Street which will direct its clientele to the building lobby entrance at 25 W. 4th Street. Said sign layout shall be approved by the Housing Information Office director. � 4. Construct two doorways at locations specified by Lessor connecting 21 and 17 W. 4th Street with 19 W. 4th Street. The construction of the walkway and doorways will be at the cost of the Lessee. 5. Restore the premises to their original condition to the satisfaction of Lessor' s Property Manager at the end of the lease terr.i or extensions thereof. 6. Be responsible for making and paying for all alterations and improvements made and necessary for the Lessee' s use of the leased premises. All improvements and alterations must first be approved by Lessor. Lessor shall be allowed free access to the premises hereby leased for the purposes of examining the same, or to make any 3. , ,.� _ , �►���a��`.�� �i meaningful repairs or alterations of_ the premises V�hich tre Lessor May see fit to Make. IN :�ITNESS 4�IHEP.EOF, This lease agreement �s a�nroved and executed by and on behalf of Lessor and Lessee, res�ectively, as of the day and year first a�o�ie written. Approv��d as to �'orm: CITY OF SAT_Nl PAUL By Assis ty A,�i.torney , i�iayor �- Cit�� Clerk Director, Finance and rianagement Services SHEEHY CONSTRUCTION CO. By (Title) 4. . �1 Ols 12/1975 " : ,.,�� � , Rsv.: 9�8/76 , ,EX�.ANAT�ON � AGMIMIS�'tATIliE O�R.S,'� - �.,,....,_��..,,...��..-.., >: ` �„Q�SUTI�, AND OF�INANCE3 ' E � ��..� ,�. ._.�.�..�. , . i� � i � � ' � 1 �.�': �F . .. . . . `�. . . ,. . rr r" . . . ���.:, � �'��� .oat.s �;�r z7, i97e INA�fO_R`.� � � } ,� .�. - � �� �rn: rutYOR �� 1.n1'ir�€� . _ � .:� � � f R t Ri�l�sd �,� F+�►opwrty Mar�aqst_��_U" � - . �� . ;: ' REt Sh�rt 7� L�u - fihsshy Canstruation Co. ����.�_...�..��i EDt ' 'C�is lqsn �11 pars�it &tath�► �a �uts4rtt�at a ��Y �tl�t�Aa�t� p�w�S#,� `wrl�r�r �d#�tt #h�t Cl.i� H�].l Artr:tnt.pru�is�s �� tha� �ha�h�► aar� �s� �► sk#�p .l�t� a�ait�e'� '�1a �kx sou�h Mall, . . a��or�_�� ��TTLiN�ILE FOR THI� ACTI��1s ���A�il���� I�/ I1�111��' A skip hsis� srs�#at� auy fra� ths sa��h t�a7.l;is att �safi �t�t ;�e�el��► and fe�r c:arn�lr�r��ian s�p.tay�as� s�!'��r« f+�il�pr� �t+� � �1 dsxay #►tqe llnnsx s}s�wdttl�in� Prs�sc�,� .—�F�NT.S� � � ; 4ss�s� �- 4 �p3ss . �cil ltsaalutian