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271801 N�H17E — CITV CLERK PINK — FINANCE G I TY OF SA I NT PA U L `� R l d CANARY — DEPARTMENT F le C1 NO. `�'' ��-`—/�� BLUE — MAVOR uncil Resolution - Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, That the Council of the City of Saint Paul does hereby approve and authorize the proper City officials to execute a lease agreement between the City and the State of Minnesota Department of Transportation, whereby the City will lease for a term of one year at a rent of $1 .00 a portion of Lots 1 and 2, Block 7, Merriam Rearrangement of Merriam Park, to be used for playground purposes for Merriam Park Recreation Center; a copy of said lease agreement to be kept on file in the Department of Finance and Manage�nt Services. COUNC[LMEIV Requested by Department of: Yeas Nays Butler `� Commun i t rvi ces Hozza In Favor Hunt / r � L,evine � __ Against Maddox Showal Te�e"sco Adopt.�d by Counci : fe �"� � 4 '9�� Form Apprqved by ity Attor I , � rtified s d by Co ci etary BY �. By; � � �`' � t�p ve by iVlavoc Da � ��''`� Appr by Mayor for S mi sion to Council BY — BY P��a�:,�� r�� `�� . ;� f �'s.�..<�;�ai ��r1NESpTq n� 2° Minnesota Department of Transportation � � �� Transportation Building, St. Paul, MN 55155 ��'oF TaP�� Phone 296-1131 August 3�� 19?$ Mr. Robert P. Piram, Director Department of Community Services 545 City Hall St. Paul, Minnesota 551�z Please refer to: 360 S.P. 6282 (94=392) 902 L�ase No. H-2993 Parcels 71, 72, '73 Rent: �1.00 Per Year Ramsey County Vacant Land Property Address: S.W. Corner of St. Anthony and Prior Ave.� St. Paul Dear Mr. Pir�n: Enclo�sed are the original and four copies of a lease agreement covering the premises noted above for the period from November 1� 1978 to October 31, 1979- Ple�uae hane two authorized city officials sign each one before two witnesses, and return them to this office as soon as possible with payment for the rent. It w:ill be necessary to include a copy of the city council reaolution authorizing this agreement. When duly processed, one copy of the lease will be sent to you for your files. If you h�ne any questions regarding this lease� pledse cont�ct Dennis Mmrtin of the Propert� Man.agement Uni� at 296-1131. Sincerelyi J. H. Ashe Acquisition Eagineer Right of W� Operationa An Equal Opportunity Employer � R r � � • ` OM O1: I2,/1975 Rav. : 9/8f�6 EXPLANATION QF ADMINISTRATIVE ORDERS, . RE LUTIONS, AND ORDINANCES . � �� Dat�: September 1 , 1978 � � RECEIVED Tp; MAYOR GE�RGE LATIMER SE'�6 1g78 � -MAYOR'� Qi�� F�: Thomas J. Ke11ey RE: Lease agreement between �City and Minnesota Dept. of Transportation , ACTI4N REQUESTED: . Approva1 of Counci1 Resolution authorizing Lease Agreement . r � PURPOSE AND RATIOI►�ALE FOR TBIS ACTZON: � . City leases land from MN. DOT for Merriam Park Rec. Center fo� $1 annu�'�'4y. - ATTAC:�iTS: � Council Reso1ution � ' � Copy of Algreement � ' '!. I � a _ � -'i . ��'' y .. � _ . • � . ,�-",� ' -�. �r �� .\� � '� � � . � ' : \� - " i ^ �. �/ . � . � \ �J,�I \ � � } '� f�t-�`. 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' U, � • t`�� _. ..!��R _ `��. �� ; N.E- 18��Eim -3673' �I \ `�„%� - � , , -�+=:�aZ��?�C �� 4. .E — ►g��Llm —54.7h h : ' + ', '�... '"�� ', �l _ ,-- � , � . C . REFL,fEG�O.T 97*83 98 t . . `` _ '� ' , -_ ' -� n ,,� --� E.-- 24"Cc►c —25.�s � t •, .; ,'� • . � _ S E- Ss�rnp —�8 �9' . . . �, � ` �� R�r=. L.�'"��P.O.i: J9+C3.i7 _ i � � � • \ = . P F ---82.49' • � . • i - S_— . � \• _ � { W.— 2U' �.Im-2�.7G� E , r�, __`� _v:�. �'tOEi3J ,. , ' � , .,�r �`?='Jt?T. 9�-25_87 AMD. SLCPE O.��Er� '�� 353�5J . s.E — 30"oQk - �4 �2' POt?. 5 P£282 ��=392)902 � - ,' • S. - Ip Lccus;-23.97� . - S.W.- �2"Co1al�a-9.41' -- - . ._ - ,- � � � S.P. 6282 ( 903 ) - - � � �iEF� � I �, � °�f�K .�D�. ''_ PA R. OW v E� LOT BL}::�=�T�� ,�- l��,� , � Subd. �Ik. I, 4 I r m a E . B r e n n�n � r I I I ----- - ---- � ��k 60 D�na�d Eu��ne_ Neumonn Y.--- P�2,3Z8�4 {i - --i2C�>�� - , : � �.� P�fk 6i Jarnes��. Lee Pt.2 � &4 II-- -813�-_ ;- - -� ^ �� l�{ �� . _ " .__"_ ." ___.'.__"___'_'.__ " _ _ _"' _ `.' _� __ " - "' ';' F t . � ' -—- - _---- -- r..-.c- -- -- -- —- — ; --- - _'� Ft. bat. oft. tak. � - ---- I- ----- ----: - -- -- ---- . -- ------• - - .��: Ei (Exp 1�_�-6�) � �� '� . : _ .. .. . _ : _ " � . . � .. + . . . � ' � � S.i? 6282 ( °02 ) � � �- Tn�pir : �'c �� f ,� r� „� � � u � r,r � �� ; nr,� � ��, � 4 + � ��.�� . � , - . .�. � ,vo��i�scRl�;z�A•rioN �rE>�N��x. � The lessee for himself, his �ersonul re�resentati�es, successors in interest, ard assi�ns, as a part of the consideratian hereof.� dc�es hereby covenant and _ a�ree, as a covenan[ runnir.g with the land, that (1) no person� on the grou�d of race, colorf or national ori�in shall be excluded from par[icipation in� be denied the benefits of, or be otherwise subje�ted to discrimination in the use of said facilities, (2) �hat in connectian with the �onstruction of any ir��rover,ents on said 1_ands and the furnishing of services thereon� no discrim- � ination shali be practiced in the selection of employees and contractors, by con�ractors in the sele�tion and retention of first-tier suhcantractors, and b} firs[-tier subcor.tractors in the selectton and retention of second-Lier subcontractors, (3) that such discriminatfon shall not be practiced against the public in their access to and use of �he facilities �nd services provided , for �ublic accorarn�dations (such as eating, sleeping, rest, rPCreatian, and t•ehicle servicin�) censtructed or operated on, over, or under the space of the - ri�ht-of-way� and (4) that tl:e tessee sha:l use the premises in compliance with a12 other requiremen[s imposed pursuant to Title VI of the Civil Rights Act of 1964, and Title 49, Code of Federal Regulations, PArt 21, and as said regulations may be a�enc3ed. '" That in the evnnt of breach of any of the above nondiscrimination covenants� the State shall have the right to terminate the lease and to re-enter and re_ ��ossess said land and the facilities thereon� and hald the same as if said lease had never been made or issued. � i• �,;'D`V' ?668111-76) , ' - �4_-3�_2�.�4? �'�.��. H._2�9�_ • s P._ �z82 4— • PARCEL NO._�l� 72� Pt,_'�j LEASE THIS LEASE, made this lst day of Au�ust , �g�g ,at St.Paul, Minnesota, by and be- tween the State of Minnesota, Department of Transportation, Lessor, AND City of_St. Paul, De�artment of Parks Lessee,of 545 City Fiall, St. Paul MailTo: Robert P. Piram, Director, Department of Community Services, 545 City Hall� St. Paul, MN 55102 - — , WITNESSETH ' That the Lessor, in consideration of the pzyment of the rent hereinafter specified to be paid by ;he Lessee, and the covenants and agreements herein contained, does hereby lease, demise and let unto Lessee that certain pro- perty in the County of_ �s�Y ._____ , State of Minnesota, the address of whicl� is S.W. corner of St. Anthony and Prior �ve. , St. Paul Type of Property: Vacant Land Legal Description: p�t of Lots 1 and 2, Block 7, Merriam Rearrangement of Merriam Park (As to Blks. 7, 8, 9, 10 and 16) as outlined in red on the attached map, which is hereby " incorporated as a part of this lease. including improvements, if 2ny, for th� ,_.!n of_ twelve(12 --�--�onrhs, commencir•.. cr ihr.__fir��_.�ay a� November , 1g_7�„ 4;;� ending on the_��tday of OCt�ber _ �g —. �., with tt�e right of termination in both Lessor and Le:ssc-e as hereinaf:er set `orth, at the to*al rental of �_1 QO__!� payable to the "State of Minnesota, Departrnent of Transport:ation", in lawful money of the linit::d�ta:es,3c4�p��g� O�PIYIRY'I��.XYYYYYYYwYY� f�S x Yi'.p.'�711y_`l:;,�.:��+t'l..1�1.�'I.�.7a'�:J��.+..�.i.-k�:}'�.3�1T1'.-Z9 �� a'��':43::t_'�s��7C}�ir,`,};`��gr ��+SC �receipt is hereby ackno�vledged by zne: Lessor of the sum of e 1.00 _f;�„7: ,��P Lessee, in payrr,�:�t for the7fp��iental UfIC�Bt t�i!S ;,ese. AI� ,-�f1jB� Uc`," �2f1iS Sh�i� j- C�,�I,.ered t� tn: ;�N;�artment o'7ran�perta;ion, nne5: Office of Financial Administration, at ti�e State Transport�t a�i��i;d;r,g c•�::.,;,,X� SL Paul, Minnesota 55155. The herein described property is not, at this daze, be�n used f�:4K?-o»�';`�e Si,reet 9 ��_ �ht�:s�� p,,;poses. Lessee hereby covenants and agrees as fotlo�vs: (1) To use the property for the foliowing purposes only; Playground purposes (2) To pay Lessor said rent as hereinabove rovid p ed, and in addition thereto t _ , o pay, when due, all water, efec tric, gas and other lighting, heating and power rents and charges accruing and payable in connection with said property during the term of this lease; and at all times during the term of this lease, the Lessor shall have the right, by itsa.lf, its agents and employees, to enter into and upon the leased premises during reasonable business hours for the purpose of � examining and inspecting the same, also to allow to have placed u�on said premises, at all times, notice of "For Sale" • and to allow prospective bidders on the buildings on said premises to enter and inspect the same during said reasonable business hours. (3) This lease shall be subject to cancellation and termination by either party at any time during ihe ten-n hereof by giving the other party notice in writing at least sixty (60) days next prior to the date when such termir,ation shall be- come effective. In the event of such termination any unearned rental paid by the Lessee shall be returned to Lessee. • (4) All notices herein provided to be given, or which 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 Unite�' States mail, certitied and postage prepaid, and addressed as follows: To the Lessee at address above stated and to Lessor, Department of Transportation, at State Transportation Building,St. Paul, Minnesota. The address to which the notices shall or may be mailed as aforesaid to either party shall or may be changed by written notice yiven by such party to the other, as hereinbefore provided, but nothing herein contained shall preclude the giving of any such notice by personal serv�ce. (5) Not to assign or sublet this lease, and not to make or suffer any alteration to be madp in or on said property, without the written consent of the �essor. ` , . . . ' ��,,r-��`� t'� (6) It is specifically agreed and understood that Lessee shall not call on Lessor to make any improvements or re- pairs on said property of any nature whatsoever, but Lessee hereby specifically covenants and agrees to keep the same in good order and condition at his own cost and expense. (7) To allow Lessor, its agents and employees, to enter inio and upon the leased premises during reasonable business hours for the purpose of surveying and testing the soil by usual methods. (8) To pay Lessor all costs and expenses, including attorney�s fees in a reasonable sum in any action brought by Lessor to recover any rent due and unpaid hereunder, or for the breach 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. (9) If any rent shall be due and unpaid, or if default shall be made in any of the covenants or agreements on , the part of the Lessee contained in this lease, Lessor may, at its option, at any time after such default or breach, and vuithout any demand on or notice to Lessee or to any other person, of any kind whatsoever, re-enter and take�possession of said property and remove all persons therefrom, and Lessee waives any legal remedy to defeat �essor's right of possession hereunder. (10) At the expiration of said term, or any sooner termination of this lease, to quit and surrendpr possession of said property and its appurtenances, to Lessor in as good order and condition as the property was delivered to the under- signed Lessee, reasonable wear and tear and damage by the elements and other casualties excepted. (11) Lessee shall keep said property insured in the amount of �__ N��___ against fire and extended coverage, and the Less�e �vill makz no claim of any nature against Les�er by reason of any damage to said property in the event same is damag��j ur des*.royed by any cause whatsv�ver. Such policy shall name the Lessee �"as named insured, Lessee'" and an end��rser,trt attached naming �essor as soie P��ee, in the event of a loss. (12) The �esse� in,;emnifi�s, :aves and holds narm!es, the 5tate of Minnesota and any agc:nts or employeas there- of from all claims, dem�nds, actiens or causes of action of �r.^a:�c��=�;er nature or character, including but not limited to neg�igence on the p�rt cf tha State of Minn�so*a, its agents or �r;c:!:_>v.es, arising out of or by reason of the lease of the herein described premises �y the Lessor ta the !essee. {13) Sh�uid the Lessee hold ovar after r,�� expiration :,r -.�,e tzr,n ofi this lease w;th the consent of the Le�or, express or imp(ied, said tentncy s:�all t>e deer:ied *_o be a ten�r„-, ,:;'sy fr;,m month to month, sub;ect oiherwise to all of the terms anC vondiiions uf this lease so far as ar�plicable. (14) In the euent there is any prior exi;*ing lease or re;�.;-s �r,reement be±ween �@SS2@ 3t1� St32c (or its predecessor in interesti covering the subject proFerty, ir �, ,;.�r�:�� and unde :.r�,�,! °��:>t this (e�sa s�all cancel and terminate said prior lease or rent:i! agreement as of the effecti�� +s-� cf this less.^. (15) Tne property described herain may he u�ed for a �; _,f cre purposes stated in Paragraph i dbove; ho��vever, it is the sele �nd excl�sive rasponsibi{iiy oi t`e Lessee in tfie �,;� •�� ;.�;;y to compl� vvith an� ar.d all ia��vs, ruies, regulations c� urdinances �r-re ?d by any , �.� �;;on af`actir ; �o ;��;ch the property is propoveo ta be pu:. 1n- ability or fai+;;re on the part oi *,he �F�:�ee ;o :,�,;�p�y �n�ith a;,;- . ;�;�,. rules, regulations or ordi:ianc•�s will n�t relieve tn�� L: >ee of the obli,3t:cn to pa, t�,; r;:;;tal provided �'�:� attached NON–DISCRT:�IINr1TI0N APPE�dDIX is lri��,:s�o t`r1ie e enienis le se s terr7 nat din acco dalr= �,..,� ra,;:;ra�t� 3 herein, the rent shall b� prorai�d as of t the date of ac.ual termination or vacation whict�zver is the later. (17) The Lessee shall be required to maintain a policy of comprehensive general public liability insurarce cove�- ing the property herein during the term of the lease in the folioN�ing amounis: Minimum Coverage per person per occurrence $ Minimum Coveraye per occurrence $ Self Insured Prior to execution of this lease the Lessee shall furnish a certificate of insurance to the Department of Transportatien,State of Minnesota, as proof of sucn coverage. Such insurance coverage policy shal! be equal to or better than a Compr?liensive �-- sonal Liability;Owners, Landlords and Tenants Liability, Manufar.turers and Contractors Liability and Comorehensive General Liability Policies, consistent with ihe risk involved, specimens of which are on file in the office of the Corrimissioner of Trans- portation, State of Ulinnesota, Right of Way Division, Room 509, State Transportation Buildi�g,St. ►'aul, Minr�esota 55155. Anything herein contained to the contrary not�vithstanding,this fease may be terminated,and the provisicns of this lease may be, in writing,altered,changed or amended by mutual consent of the parties hereto. ti IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year in this lease fiirst above written. CI'ITY OF ST. PAUL In the presence of: DEPAR'P�1ENT OF PARI{S ` LESSEE — BY TITLE -- — BY TITLE � APPROVED BY STATE OF PAINNESOTA STATE AUDITOR: Department of Transportation ' ' COMMISSIONER OF TRANSPORTATION BY Director of Right of Way Operations LESSO R Approved as to form and execution this_ day of , 19__. Approved on _ _ 19_ --- -- Attomey General Commissioner of Administration --------- BY----—---- ------_.-- pecial Aasistant Attorney General Real Esiate Management Division