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265735 WH�ITE - CITY CLERK PINK - FINANCE CANARV - DEPARTMENT GITY OF SAINT PAITL COUI1C11 BLUE - MhVOR File �O. 2�5'7�5 ' � ' � un il Resolution Presented By Refer o Committee: Date Out of Committee By Date WHEREAS, The Port Authority has leased property in Southport Industrial District to the City of Saint Paul on beha.lf of its Police Depa.rtment for the purpose of motor vehicle storage and related purposes for a term expiring Ma.rch 1, 1981; and WHEREAS, Both the Authority and City desire to amend the Lease Agreement so as to provide tha.t the Authority will construct an impound lot building with office facilities, laboratory facil- ities and automobile inspection areas, relocate the fence and develop necessary driveways and pa.rking facilities at an estima.ted cost of $127, 151.56, extend the term so as to expire December 31, 1995, and require that the City reimburse the Authority for the impro�ement costs plus 6% annua.l interest amortized over the term of the Lease; now, therefore, be it RESOLVED, By the Council of the City of Saint Paul, tha.t the proposed Modification of Lease Agreement dated September 25, 1970, as modified by Agreement dated Janua.ry 19, 1971, between the Authority and the City of Saint Paul, be and is hereby in all respects approved, and the proper City officers are hereby author- ized to execute the Lease Modification Agreement on beha.lf of the City. Approved: � C'ty Budget D'rector COUNCILMEN Requested by Department of: Yeas Nays Christensen � Hunt In Favor Levine � Rcedler Against BY Sylvester Tedesco President�X Hozza Adopted by Council• ate ,�1t 9 5 19� Form Approved Ci Att ey Certifie e b ncil cretary � BY Y Appro by Mayor: ate Approved b May r mission to Council BY By , � PUB��sHE� JUL �g 197� F����== �•ti�� CITY OF SAINT PAUL � .. OFFICE OF THE CITY ADMINISTRATOR o � , .. : > `�vrI`�c sLIP . THOMAS J. KELLEY c iap ta; ji�r„�ve�ents �rocram council xesolutions 365 C ity H a I I, Sa i nt Pa u I, M i n nesota 55102 PLEAgg pp NOT iF8MpV8 THIS RdUTING SLIP OR 11TTAC�D COVBR LSTTER �6�2� 29$-4928 ' FRdDM THB COUNCIL I�ESOLOTIOTI3. Tli11NlC Y00. initial, Dete �ypR ��j���' . and Fosward v U 11 DUDGBT 11PPR�riiALs Richard E. Schroecler � Office of the Hudget Director, � 367 City Hall on approving the proposed "Modification 2� ��I�' �p�ML` dated June 17, 1975, relating to the agreement between the Saint Paul Police Director, nsPt. of Finance s taar►aqement aint Paul Port Authority. Smrvi�s, 113 City 8a11 3� g�RM AppppVpL; N. Blees, Office of the Budget Director, for: of Police. City Attorney, 6`7 City Hal ient amends the existing Lease Agreement 4) T�sMi'r'rru. 'ro r�►YOx� lowing major modifications: ✓ Peter G. Hames Offfce og the City A�i.nistrator � y ty will construct an impound lot building 365 City Hall 11t1ES� laboratory facilities and auto- s) MAYORAL APPROVAL: n areas, relocate the fence and develop Phillip Lee/Albert Olson ays and parking facilities, all at an cost of $127,151.56 Olfice of the Mayor, 347 City Hall s) INTRODt1CT10� TO CITY COUNCIL: ation date of the Lease Agreement from Councilman Sylvester o December 31, 1995. Chairimn, Council Pinance Committae 7th Floor, City Hall City reimburse the Authority for the 7) PLACEL�IiT ON CO�RICIL AGBWDA: s plus 6� annual interest amortized - the Lease. Albert Olson City Clerk, 386 City Hall � wiil be able to finance the Lease oao-s/2a/�5 rom profits currently being generated ' operations. A profit is realized by auctioning abandoned automobiles and by selling old junkers for scrap. The Port Authority will finance the project improvements from current reserves; there will be no revenue bonds issued or new tax liability. The project was recommended by the Office of City Planning on May 8, 1975. The Budget Director has approved the requested funding method, and the City Attorney has approved the form of the resolution. � � � � �6��35 Mayor Cohen -2- July 2, 1975 Action Requested: 1) Mayor's approval of resolution and transmittal to City Council. 2) If Council adopts the resolution, the six attached copies of the "Modification of Lease Agreement" will have to be signed by Mayor Cohen, the City Clerk, and the Director of the Department of Finance and Management Services, and properly notarized. Four copies should be returned to Eugene Kraut, one to Chief Rowan, and one to the Department of Finance and Management Services. Attachments: 1) Council Resolution with attached "Modification of Lease Agreement," dated June 17, 1975. 2) Six copies of "Modification of Lease Agreement," dated June 17, 1975. TJK:GNB:kk Attachments cc: Richard E. Schroeder ����, ° C I T�����V T PA U L 6 �F� � , �� JULZ - 1975��� � OFFICE OF THE CITY ATTORNEY June 30 1975 J PIERRE N. REGNIER � ni�i �:;�ac. , � % L ;�,� ,` �. o, � i � _ u� _�_f Mr. Peter Hames Office of City Administrator City of Saint Paul 365 Building Re: Port Authority Lease - Police Impound Lot Our File G-71-0170 Dear Mr. Hames: I am informed that you have requested tha.t the resolution and lease modification for the Police Department's Impound Lot be sent to you for processing. Enclosed are six copies of the lease modification and also a draft of a City Council resolution approving same. The Port Authority Board approved the Agreement at its June 17 meeting, and all copies of the Agreement ha.ve been signed on behalf of the Authority. After the resolution is adopted by the City Council, the six copies of the Agreement should be signed and notarized. Four copies of the Agreement should be returned to Eugene A. Kraut of the Authority, one copy for the Finance Depart- ment, and the last copy for the Police Depa.rtment. If you ha.ve any questions, please call. Very ruly ours, , _ � JERO �J. AL Assis nt i y Attorney JJS :er Enc�ls. cc:Eugene Kraut, Port Authority Sgt. Ted Brown, Police Department City Hall, Saint Paul, Minnesota 55102 612 298-5121 ; , � • � r .i ' "�t `� � � � 265'735 r . MODIFICATION AGREEMENT THIS AGREEMENT, Made and entered into this ��� day of � June, 1975, by and between the PORT AUTHORITY OF��'HE CITY OF SAINT PAUL, a public corporation organized and existing under the provisions of Minnesota Statutes, Cha.pter 458, hereina.fter referred to as "La.ndlord", and the CITY OF SAINT PAUL, a muni- cipal corporation of the State of Minnesota, hereina.fter referred to as "Tenant"; � WITNESSETH: � WHEREAS, La.ndlord and Tena.nt have entered into a certain Lease Agreement, dated September 25, 1970, as modified by Agreement, dated January 19, 1971, whereby Tenant occupied a certain tract of land owned by La.ndlord in the Southport IndustriaZ District for the purpose of storage of motor vehicles, and all purposes related or incidental thereto, for a term of ten years commencing on the lst day of Ma.rch, 1971 and terminating on the lst day of Ma.rch, 1981, and providin� that Landlord would construct certain improvements at Tenant s request with the cost of such improvements to be reimbursed to Landlord amortized over the term of the Lease plus 6% annua.l interest; and WHEREAS, Tena.nt has requested that Landlord construct im- provements in addition to wha.t was contemplated at the commencement of the origina.l term and to extend the Lease Agreement for an additional period, all of which is acceptable to Landlord; NOW, THEREFORE, IT IS MUTUALLY AGREED, By and between La.ndlord and Tenant as follows: 1. That tha.t certain Lease Agreement between La.ndlora and � Tenant, dated September 25, 1970, modified January 19, 1971, be . and is hereby further modified as follows: A) The term of the Lease sha.11 be and is hereby extended for an additiona.l period so as to expire on � December 31, 1995. � B) Rent Item Number 2 is amended so as to provide tha.t the amount shall be computed as follows: The una.mortized principa.l cost af improvements as defined in Paragraph IV heretofore constructed or ma.de � . by La.ndlord plus the principal cost of all additional improvements as defined in Paragraph IV, as amended, plus 6% per annum interest on all of .the said principal costs of all improvements. All proceeds received by Landlord from the sale of the mobile home office ♦ , $ .. �, �, - � ,, ,: . . � � .�265'7�5 , . MODIFICATION AGREEMENT THIS AGREEMENT, Made and entered into this Z� day of - - June, 1975, by and between the PORT AUTHORITY OF��`�7�Z`ITY OF SAINT PAUL, a public corporation organized and existing under � the provisions of Minnesota Statutes, Cha.pter 458, hereinafter referred to as "La.ndlord", and the CITY OF SAINT PAUL, a muni- cipal corporation of the State of Minnesota, hereina.fter referred to as "Tenant"; � � WITNESSETH: � � WHEREAS, La.ndlord and Tena.nt have entered into a certain Lease Agreement, dated September 25, 1970, as modified by Agreement, dated Janua.ry 19, 1971, whereby Tenant occupied a certain tract of land owned by La.ndlord in the Southport Industrial District for the purpose of storage of motor vehicles, and all purposes related or incidental thereto, for a term of ten years commencing on the lst day of Ma.rch, 1971 and terminating on the lst day of Ma.rch, 1981, and providin� tha.t Landlord would construct certain improvements at Tena.nt s request with the cost of such improvements to be reimbursed to La.ndlord amortized over the term of the Lease plus 6% annua.l interest; and WHEREAS, Tenant ha.s requested that La.ndlord construct im- provements in addition to wha.t was contemplated at the commencement of the origina.l term and to extend the Lease Agreement for an additional period, all of which is acceptable to La.ndlord; NOW, THEREFORE, IT IS MUTUALLY AGREED, By and between La.ndlord � and Tenant as follows: � 1. That tha.t certain Lease Agreement between La.ndlord and Tenant, dated September 25, 1970, modified Janua.ry 19, I971, be . and is hereby further modified as follows: A) The term of the Lease shall be and is hereby extended for an additiona.l period so as to expire on - December 31, 1995. � B) Rent Item Number 2 is amended so as to provide tl�at the amount sha.l l be computed as f o l lows: The unamortized principa.l cost of improvements as defined in Paragraph IV heretofore constructed or made - . by Landlord plus the principal cost of all additional improvements as defined in Paragraph IV, as amended, plus 6% per annum interest on all of the said principal. costs of all improvements. All proceeds received by Landlord from the sale of the mobile home office i .,� , . ,. , �� , .` . ' ������ presently on the site shall be deducted from the prin- cipa.l cost of improvements. Item No. 2, Rent, including both princi�al and interest, shall be computed on the basis of a 20-year lease term (240 months) commencing on Janua.ry 1, 1976 and terminating on December 31, 1995. C) Paragraph IV, entitled "Improvements", is amended to add the following: Additiona.l improvements to be constructed in 1975 consist of an impound lot building to contain office facilities, laboratory facilities, automobile inspec- tion areas, and also relocation of the fencing and development of the necessary adjacent driveways and pa.rking facilities. Estima.ted cost of these improvements is $127, 151.56. . � 2. Tha.t except as herein modified, alI of the terms and - conditions of tha.t certain Lease dated September 25, 1970, as modified by Agreement dated January 19, 1971, shall remain in full force and effect. � 3. This r�odification of Agreement shall take effect from and after the lst day of January, 1976. IN WITNESS WHEREOF, The pa.rties hereto have caused these presents to be executed as of the day and year first above written. � PORT AUTHORITY OF THE CITY - OF SAINT PAUL ;., . , � , ,, . � . , ., • ,,, By :•� �, . , r i t . ,;;��,;�����cr,� i � i,. . , . ; � . . ,;r t '`�` !) i�; i.1 � ' � , $EGr �dI`�7 , 1 ,� '-,, . , '.��I'���� ,�.,.�`' Y+, ��, "� ,� ����i���i:�,',`� . 2� , � `� ������ MODIFICATION AGREEMENT �. THIS AGREEMENT, Made and entered into this /7 day of June, 1975, by and between the PORT AUTHORITY OF�ITY OF SAINT PAUL, a public corporation organized and existing under the provisions of Minnesota Statutes, Chapter 458, hexeina.fter referred to as "La.ndlord", and the CITY OF SAINT PAUL, a muni- cipal corporation of the State of Minnesota, hereinafter referred to as "Tenant"; WITNESSETH: WHEREAS , Landlord and Tenant ha.ve entered into a certain Lease A.greement, dated September 25, 1970, as modified by Agreement, dated January 19, 1971, whereby Tenant occv.pied a certain tract of land owned by La.ndlord in the Southport Industrial District for the purpose of storage of motor vehicles, and all purposes related or incidental thereto, for a �erm of ten years commencing on the lst day of March, 197I and termina.�ing on the lst day of March, 1981, and providin� tha.t La.ndlord would construct certain improvements at Tena.nt s request with the cost of such improvements to be reimbursed to Landlord amortized over th� term of tre Lease plus 6% annua.l interest; and WHEREAS , Tenant ha.s requested that La.ndlord construct im- provements in addition to wha.t was contemplated at the commencement of the original term and to extend the Lease Agreement for an additional period, all of which is acceptable to Landlord; N�W, THEREFORE, IT IS NNTUALLY AGREED, By and between Landlord and Tena.nt as follows: 1. Tha.t that certain Lease Agreement betwe�n La.ndlord and Tenant, dated September 25, 1970, modified Janua.ry 19, 1971, be and is hereby further modified as follows: A) The term of the Lease sha.11 be and is hereby extended for an additiona.l period so as to expire on December 31, 1995. B) Rent Item Number 2 is amended so as to provide that the amount shall be computed as follows : The una.mortized principa.l cost of improvements as defined in Paragraph IV heretofore constructed or ma.de by La.ndlord plus the principal cost of all additiona.l improvements as defined in Paragraph IV, as amended, plus 6% per annum interest on all of the said principal costs of all improvements . Al1 proceeds received by Landlord from the sale of the mobile home office £: _ '� ' ���f1�` c1 presently on the site shall be deducted from the prin- �ipal cost of improvements. Item No. 2, Rent, including both principal and interest, sha.11 be com ted on the basis of a 20-year lease term (240 months�commencing on Janua.ry 1, 1976 and terminating on December 31, 1995. , C) Paragraph IV, entitled "Improvements", is amended to add the following: Additiona.l improvements to be constructed in 1975 consist of an impound lot building to contain office facilities, laboratory facilities, automobile inspee- tion areas, and also relocation of the fencing and development of the necessary adjacent driveways and pa.rking facilities. Estima.ted cost of these improvements is $127, 151.56. 2. That except as herein modified, all of the terms and conditions of tha.t certain Lease dated September 25, 1970, as modified by Agreem�nt dated Janua.ry 19, 1971, sha.11 rema.in in full force and effect. 3. This Modification of Agreement sha.11 take effect from and after the lst day of January, 1976. IN WITNESS WHEREOF, The pa.rties hereto ha.ve caused these presents to be executed as of the day and year first above written. PORT AUTHORITY OF THE CITY . OF SAINT P UL By c� . resi e � � � � ., Secretary 2. 7 . . � � � 265'7�5 STATE OF MINNESOTA ) � ss. � COU�ITY OF RAMSEY On this f���" d.ay of �--� , 1975, before me, a notary public wi�iin and for i oun y, personally appeared John L. Segl and Louis H. Mey rs, to me personally known, who being each by me duly sworn, did say tha.t they are respectively , the President and the Secretary of the PORT AUTHORITY OF THE CITY OF SAINT PAUL, � the public corporation na.med in the foregoing znstru.*nent, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Commissioners, and said John L, Seg�. and Louis H. Meyers acknowledged said instrument to be the free act and deed of said corporation. ,� %'� ��n����,�� /� ��COE C. BROWN //"S� '� �" �lafa�^`� ROS . �NNESOTA � , ����/La=�✓�`'y� 7lda � �1..-S..t�P {.'r � ��"''�;.. NOTARY PUBLIC %� ' RpMSEV COUNIY 5 1g80 � Notary Public, Ramsey County Minn. � ission ExP�res Au8• � My c ommi s s i on expi re s � •-�-�� `.°°�,...� My Comm CITY OF SAINT PAUL By , N yor City er Director, Department o Fina.nce and Ma.na.gement Services STATE OF MINNESOTA ) � ss. COUNTY OF RAMSEY On this day of , 1975, before me, a � � notary public witzin and for sai County, personally appeared La.wrence D. Cohen., Mrs. Rose Mix, and Roger A. Mattson, to me per- sona.11y known, who each by me being duly sworn, did say tha.t they are respectively the Ma.yor, City Clerk and Director of the Depart- ment of Finance and Ma.nagement Services of the CITY OF SAINT PAUL, the municipal corporation named in the foregoing instrument and that the seal affixed to said instrument is the seal of the City of Saint Paul, and that said instrument was signed and sealed in behalf of the City of Saint Paul by authority granted pursuant to f ormal resolution of the Council of the City of Saint Pa�u.l, Council File No. , passed and approved the day of , 975, and the said Mayor, City C1erk and Director of the Department ot Finance and I�lanagement Services acknowledged said instrument to be the act and deed of said City of Saint Paul, pursuant to the said resolution. Notary Public, Ramsey County, Minnesota 3. _ . � � ' AO[TPING SLIP . CaDital �mwaents Prosra�u C,touncil Resolutions PLE�iSB DO NOT l�lIOVS THIS RdOTIUCa SLIP OR PiTPACIiBp COVE$ !'1�M THS COtlNCIL RBSOL[1'rION3. TH7U11f YW. Initial-, Date . u,a rox�►ara 11 lUDGB'P APPR0IIAL: Richard E. Schroer�er — � Office of the 8ud9et Director. � 367 City Hall 2) lONDIt#G APP1i0VAL: Dirsctos, Dspt. of Finance s ManagMtent Sasvfcem, 113 City Hall 3) FORM 11PPADVAL: City Attorney, 6a7 City Hall 4) TRJ�NSMITTAL TO NAYORt ✓ Peter G. Hames Office of the City Adeiniatrator � y 365 City Hall 5) MAYOR7IL APPAiDVliL: Phill.ip Lee/Albert Olson OPffca of the Mayor, 347 Cfty Hall 6) IlITROOOCTION R'O CITY CO�IL: Councilman Sylvester Chair�nan, Couacil Finance Goaoittae 7th Floor. City Hall 7) PLi1C8MlI�'F 011 COUNCIL AC.BliDAs Albert Olson Cfty Clerk, 386 City Flall 08D-S/28/75