263727 WH17E - CITY CLERK 253�2�
PINK - FINANCE COl1C1C11
BLUERV-sMAYORTMENT GITY OF SAINT PAITL File NO.
� Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVEDf That the Council of the City of Saint Paul does here-
by approve Lease Agreement between the City and Suburban Plumbing
Supply Co. , whereby �he Plumbing Supply Co. will lease a portion
of the City property located below the Selby Avenue Bridge for
storage purposes for a five-year period commencing June 1� 1974,
at an annua.l rental of $1�500.00, and the proper City officers are
authorized and directed to execute the Lease Agreement on beha.lf of �
�., < the City. Rental will be credited to Miscellaneous ReMenue.
COUIVCILMEN
Yeas Na s Requested by Department of:
]� [ I3Tffi�� .
In Favor
Levine �-
� � Against BY `
�n�ra�Cac, Roedler
Tedesco �Y�oVB$'T�R
Mme.President3�3t�XiC I�lY1t
JU N ^ 1 1974 Form Approved b ity t or ey
Adopted by Council: Date •
Certified Council Secretary BY
�
By
Approve Maxor: Date Approved by ayor o missi to Council
By BY f
PUSUSHED JUN 2 9 1974
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. CITY OF SAINT PAUL
Capitel of Minnesots
DEPARTMENT OF PUBLIC WORKS
234 Cify Hall d� Court House 55102
Daniel J. Dunford, P.E.
Director
.1une S, 1974
The Honorable Lawrence D. Cohen
Mayor of the City of Saint Paul
Room 347 City Hall
BUILDING
Re: Proposed resolution concerning
Lease Agreement between the
City and Suburban Plumbing
Supply Co.
Dear Mayor Cohen:
Attached is a proposed resolution which would authorize and direct
the proper City officials to execute an agreement between the City
and Suburban Plumbing Supply Co. by which the City will tease to
the company a defined area under the Selby Avenue bridge for the
purpose of storing materials.
Through this agreement, which covers a five-year period, the City
will receive annual compensation in the amount of $1 ,500.
If the resolution is found to be satisfactory to you, please
approve it for submission to Council .
Yours very truly, �, , �
�,
�-;�ui� � x,� 7'
Daniel J. D ford
Director of Public Works
WAH/MJE/dh APPROVED:
Attachment
r�
rank D. Marzi e i
City Administrato
S . !. .
A G R E. E M E N T c�C r��y�r�
�rUtD �
.
THIS IND�NTURE, Ma.de th:is day of , 197�,
by and bettaeen the CITY OF SAINT PAUL, MINNESOTA, hereinaft�r
called �he Lessor, and SUBURBAN PLUMBING� SUPPLY CO. , hereina.fter
called the Lessee; .
WITNESSETH:
That Les�sor, for and in consideration of the covena.nts and
agreements hereinafter contained and made on the part of Lessee,
does hereby demise and lease to Lessee for use by Lessee, the prem-
ises below the bridge which carries Selby Avenue over the right--of-
way and tracks of the Chicago, Milwaukee, St. Pau1 and Pacific
Railroad Company as shown in red on Exhibit A. which said Exhibit
A is hereunto at�ached and made a part hereof by reference and �
described as follows, to-wit: . -
Tha.t portion of Section 3, Range 23 West, Township 28
North, beginning at a point on the north propexty line
of Selby Avenue 619.7 feet west of the west property
. line of Hamline Avenue; thence sautheriy on a line
parallel to the west property line of Hamline Avenu�
to a point 23 feet south of the north property line of
Selby Avenue; thence easterly on a Iine para11e1 to the
north property Izne of Selby Aven�ue for a distanca of .
approximately 14.5 feet to the east abutment of the
� Selby Avenue Bridge; thence southerly on a line paral-
1e1 to the west proper�y line of Hamline Avenue to a
� point on the south property line of Se1by Avenue; thencp
, westerly on the south property line of Selby Avenue for
a distance of approxima.tely 198 feet to the east right--
. of--way line of the Chicago, Milwaukee, St. Pau1 and
Pacific Railroad Company; thence northwesterly on the
east right-of-way line of said Railroad Company to the
intersection of the right-of--way line and the nort'n
. property li.ne of Se1by Avenue; thence easterly on the
north property line of Selby Avenue for a distance of
approximately 354.5 feet to the point of beginning,
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situate in the County of Ramsey and State of Minnesota, for the
pu�pos� of storing non-combustibl_e materials and for no other
ptir�io5es whatsoever,
To have and to hold the same for and during a period of five
(S) years commencing on the lst day of June, 1974 and expiring on the
3lst day of May, 1979, inclusive. .
The lease may be terminated by the Lessor on ninety (90) days'
1 notice should the terms of this agreement not be complied with by
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�� � the Lessee, whenever the demised property shall be necessary or
useful to the Lessor in the performa.nce of public duties or public
interest. or convenience shall require such termination. .
The least ma.y be terminated on the part of the Lessee, upon
the giving of nine�y (90) days' notice to the Lessor. -
In consideration of said demise and of the covena.nts an.d agree-
ments hereinafter expressed, it is covenanted and agreed as follows:
l. Lessee shall pay as rent for said premises the sum of One
Thousand Five Hundred Dollars ($1,500.OQ) per annu.m, payabTe .
monthly or annua.11y during the term hereof at the oFfice of the
Lessor in the City Hall.
2. Lessee sha11 keep said premises in a clean and orderly
ma.nner in conformity caith any local, county or state la`es .
3 . Permission. is granted to Suburban Plumbing Supply Co. to
construct and maintain a fence around and store non-combustiUle
' rnaterial, cast iron pipe and steel pipe on that portion of City
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property. herein demised, subject to co�nplzance with th� foll�wing
conditions :
�a) Lessee shall perform all such described work at its o�,m
expense under the supervision and to the satisfaction and approv4l
of the Director of the Department of Public Works.
(b) Lessee sha.11 pa.y the cost of engineering and inspection
of such work and pay the costs of publication of any resolution or
ordinance passed in relation to this lease, and any permits relat-
ing to the work contemplated.
(c) Lessee shall properly protect a11 storage areas in rela-
tion hereto in or on Selby Avenue both day and night, so as to
avozd all damage or injury to person or property.
(d) Lessee shall not store ma.terials within three (3) feet of
a�l vertical faces of walls, columns, piers or structural members
of said br�dge or within five (5) feet of the bottom of all deck beams,
stringers, girders or decking of said bridge.
(e) Lessee shall permit employees of the City of Saint Paul
and the Chicago, Milwaukee, St. Paul and Pacific Railroad Company �
or of persons having contracts with the City of Saint Paul or said
Railroad Company, ready access to the premises for irispection or
maintenance �,p rk on said bridge .
(f) Gates suitable for passage of fire fighting vehicles
shall be installed in the fence at locations shown in Exhibit "A" .
(g} The present circulatory access road under the bridge is
not to be blocked and is to be available f�r the use of the adjacent
progerty ot,mers.
. 3.
4. Lessee has examined said premises and a�rees to be
resp�nsible fo� any damages that may occur during the term of this
Iease and as a result of the condition of the fence, structures o�
buildings relating thereto.
5. Any cha.nges or alterations upon the premises ma.de by the
Lessee as may be necessary or desirable in adapting the area to use
as a storage area shall not be made without the prior approval of
the Director of the Department of Public Works and upon the expira-
tion of the term hereby created or any extension thereof, Lessee
will restore the bridge and premises to the identical condition as
w'nen entered upon under this lease,
6. Lessee agrees that zt will p-rotect and save and keep the
Lessor, forever, harmless and indemnified against and from any
penalty or dama.ge or charges imposed for any violation of any laws
or ordinances, wnether occasioned by the neglect of Lessee or those .
holdin.g un.der Lessee, and that Lessee will at all times protect,
indemnify and save and keep harmless the Lessor against an.d from any
and a11 lass, cost, damage or expense arising out of or from any .
accident or other occurrence on or about said premises causing in-
jury to any person or property �vhomsoever or whatsoever, and wi11
pro�ect and indemnz£y and save and keep harmless the Lessor against
and from any and all claims and against and from any and a11 1oss,
cost, damage or expense arising out of any failure of the Lessee in
any respect to comply with and perforn �.11 the requirements and
provisions hereof. `
4.
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7 . That the Lessee shall furnish and deliver .unto the City
� su.rety band in the sum of Tu�o Thousand Dollars ($�,OOO.OQ), made
anrl executed by said Lessee, as Principal and a corporate surety
company as surety to and in favor of the City of Saint Paul as
� � obligee, conditioned tha.t said Licensee sha.11 indemnify and hold
harmless said City against all expense and liabilzty arising out of
this lease agreement, and further conditioned upon the Lessee com--
plying with the terms and conditions of this Lease agreement, which
surety bond sha.11 be in such form as shall be approved by the City
Attorney, and shall have such surety as shall be approved by the
Director of the Depa.rtment of Fin.a.nce and Ma.nagement Services.
8. That said Lessee shall furnish and maintain during the term
of this lease agreement a certificate of public liability insurance
�aherein the City of Saint Paul shall be designa.ted as a co-ins2a.red,
said insurance coverage to be in the following amounts: for personal .
injuries, Fifty Thousand Dollars ($50,000.00) for each person, Three
Hundred Thousand Dollars ($300,000.00) for each occurrence; property
damage to the extent of Three Hundred Thousand Dollars ($300,000.00),.
which public liability insurance certificate sha11 be subject to �
approval by the City Attorney. .
9. Lessee shall not assign this lease.
10. The lease agreement, dated the 2nd day of June, 1969, by �
and between the parties hereto, pertaining to the rental of a portion
of land covered by this agreement, is hereby terminated, it being
understood by and between the parties hereto that this agreement
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shall replace the first above-referred-to lease agreement.
WITh�SS, The hands and seals of the pa,rties hereto the date
and year first above written.
Approved s t Form: CITY OF SAINT PAUL
, .
�
� By .
Assis '�it At o ey yor
irector, Depa.rtment o �nance
and Ma.nagement Services
C�ty C er -
� SUBURBAN PLUMBING SUPPLY C0.
By
Its
Its
STATE OF MINNESOTA ,
ss.
COUNTY OF R.AMSEY -
The foregoing instrument was acknowledged before me this
day of , 1974, by La.wrence D. Cohen, Mayor,
Robert . ru eau, zrector of the Department of Finance and Manage-
n�ent Services, and Rose Mix, City Clerk, of the City of Saint Pau1,
a municipal corporation., on beha.lf of said City.
Notary Public, Ramsey County, Minnesota
My commission expires
6. .
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� STATE OF MINNESOTA
ss .
CaUiti'T'Y OF RAMSEY •
The foregoing instrument was acknowledged befor� me this
day of , 1974, by ,
, and � ,
it e :
, of the Suburban Plumbing SuppZy Co. , on
Title �
behalf of said company. -
Notary Public, Ramsey County, Minnesota
. My commission expires
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