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263773_ 1 WM17E -� CITV CL � PINK - FINAMC � G TY OF� SAIN � PAZTL r,-S / / CANARY - D�A M NT cn�y yy BLUE -�w,4, � Fl 1 HO. �VV / / f� t • � - ' v �� " ci e o� ti a Presented By � " Referred To Committee: Date Out of Committee By Date WHEREAS, The City of Saint Paul and American Hoist and Derrick Company ha.ve entered into a Lease Agreement, dated August 21, 1970, whereby the American Hoist Compa.ny was leased a portion of City- owned property in the vicinity of Midway Stadium for the purpose of constructing, operating and maintaining a solid waste tran�fer station only, the said Lease Agreement commencing on 21st day of August, 1970, and terminating the 20th day of August, 1974, with the option to renew for a further term of four years at a rental of $250.00 per month; and WHEREAS� Said Lease Agreement provides tha.t the American Hoist and Derrick Compa.ny could not sell, assign or sublet the premises without first obtaining the written consent and approval of the Council of the City of Saint Paul; and WHEREAS, The American Hoist and Derrick Compa.ny ha.s indicated its desire to renew the said Lease Agreement for an additiona.l period of four years; and WHEREAS, The American Hoist and Derrrck Compa.ny ha.s stated that it desires to sublet the premises to Occupa.tiona.l Training Center, Incorporated; and WHEREAS, The Mayor ha.s informed the City Council tha.t he agrees - to extend the Lease Agreement for an additiona.l period of four years and recommends tha.t the City Council approve the sublease by American Hoist and Derrick Compa.ny to Occupationa.l Training Center, Inc. , on the condition tha.t the property continues to be used solely for the purpose of operating and ma.intaining a solid waste transfer station; now, therefore, be it COUNCILMEN Requested by Department of: Yeas Christensen Nays Houa Levine In Favor Roedler ` Sylvester Against BY Tedesco � President Hunt Form Approved by ity At orney Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mayor: Date Appro • sy � on t c' By �,, , �� WMITE - CITY CLERK 263,�,�3 BwE• -MIpMVOR E GITY OF SAINT PALTL F lecilNO. CANq�Y - DEPARTM�NT ' �� Council Resolution Presented By Referred To Committee: Date Out of Committee By Date 2 . RESOLVED� Tha.t the Council of the City of Saint Paul does hereby approve the request of American Hoist and Derrick Company, and the said company is hereby authorized to sublet the premises leased to the compa.ny by the City of Saint Paul pursuant to that certain Lease Agreement dated the 21st day of August, 1970; pro- vided, however, tha.t the American Hoist and Derrick Company sha.11 continue to be primarily responsible to the City of Saint Paul for the compliance of all of the terms and conditions of the under- lying Lease Agreement; and be it FURTH�R RESOLVED, Tha.t the Council does concur in the Ma.yor' s actions permitting the extension of the said Lease Agreement for an additiona.l period of four years for the monthly rental of $250.00, and the proper City officers are authorized to execute an addendum to the said Lease Agreement providing for the extension of Lease and continua.tion of the rent of $250.00 per month. � COUNCILMEN R uested b De rtment of: Yeas �hriSt@fISS@Q Nays � � y � Hozza ; Levine In Favor Roedler �j Sylvest�r, Against By Tedesco �974 �•esident Hur�t ,JU N Z a ��m Approved b ity ttome Adopted by Council: Date Certi ' e Council Secretary/' BY By , Appro by Mayor Da 1974 Approved by Mayor for Submission to Council ey By QUBUSHEQ �UL 61974 GITY OF SAINT PAUL _ OFFI(i��: OF TI�F AIAYOIZ ''T'"-�+'°,�� e�saa �acesssaase ��eB LAWRED7CF. D. COHEN MAY�x June 27, 1974 Members of the Council of the City of Saint Paul The City has leased a portion of City property located adjacent to Midway Stadium to American Hoist and Derrick Company for the operation of a solid waste transfer station. This lease was entered into on August 21, 1970 for a four-year term expiring on August 20, 1974. The terms of the lease provide an option to American Hoist permitting them to extend the lease for an additional four-year period. I am in receipt of a request from American Hoist to extend the lease for an additional four-year period so that it wauld expire on August 20, 1978. I recommend that the City approve this request for an extension and submit for your consideration a resolution approving the request of American Hoist and Derrick. American Hoist and Derrick Company has further indicated its desire to sublease the property to the Occupational Training Center, Inc. The present lease authorizes subleases only with the consent of the City Council expressed by adoption of its resolution. I recommend that the City Council approve the sublease to Occupational Training Center, Inc. provided that American Hoist and Derrick Company shall continue to be primarily re- sponsible to the City of Saint Paul under the terms of our lease agreement. This is agreeable to American Hoist and Derrick and I, therefore, submit for your approval a resolution authoriz- ing the sublease. �- _ _._. Yov.rs-_very truly, _ LA a Ma.yor �. 22 . �. . � . �� 53�7� _ _, ` ��?� `�.. "� � 6^ � CITY OF SAINT PAUL f'�.,,'�.Y''" �; � �� ,�_��,,.e..� ��'„ � h�. „ --<<, �t.• „�"�. � _ �-� " �: `'� OFFICE OF THE CITY ATTORNEY . .. .-.. �., 4''� June 25, 1974 �� . � ; � � R. SCOTT DAVI ES � �'-'. ..... .� . 1, �...♦� , r� °'� �_: ../ ,, ; Mr. Frank D. Ma.rzit��i�'" F��[E`\:;:'` Gity Administrator ' City of Saint Paul 365 Building Re: American Hoist & Derrick Co. - Transfer Station near Midway Stadium Dear Mr. Marzitelli: Enclosed please find resolution whereby the City Council would approve extension of the present lease agreement with American Hoist and Derrick Company pertaining to the Solid Waste Transfer Station on City property near Midway Stadium for an additiona.l period of four years commencing on the 21st day of August, 1974, so as to terminate on the 20th day of August, 1978, at the ex- isting rent of $250.00 per month; and, further, approving and authorizing American Hoist and Derrick Company to sublease the property to Occupationa.l Training Center, Inc. , provided tha.t American Hoist and Derrick Compa.ny should continue to be prima.r- ily responsible under the lease agreement to the City of Saint Paul. I suggest tha.t a letter be attached addressed to the City Council whereby the Ma.yor would recommend this action by the Council. If the enclosed resolution were to be adopted by the City Council, a letter should be addressed to American Hoist and Derrick Company from the Mayor setting forth the authorization to extend the term of the lease as well as the approval of the sublease. It would not be necessary to draft a new lease agreement between the City and American Hoist and Derrick Compa.ny. I return herewith your file in this matter. If there is anything fu her tha.t we y do, please notify me. You s ver t 1 , ; .� _ _ . _�� . .. . , + _. , _. �..;:.y—r!c�".'..._ JE J. G ' As tant 'ty A torn �� r ° City Hall, Saint Pa innesota 55102 JJS:er Encls . 612 298-5121 ' �� . INTE��'-OFFICE . . . � . A�E�i�� ,�,� ��►�sT 263'7`73 �L DERRtCK COMPANY ST. PAUL, MiNNESOTA � DATE Noverr�uer 3, 1y70 FROM N�.�,�l��an L' son ;O .7�`.,:: C-. roll ATTN. SUBJECT YOUR LETTER We iiave noted this information, and will make contact with �he per•:,on responsible in advance of �;he date mentiolied. „ / �� / / '�!~�� i '' G 1 � �� . �� .F •� \ \ 1 � \ t �f� � i r ' _ � . ' ti ,t' �*'�� , -�� p ��. - t r�.Y ..� . M' �..-�.�++i^�'w!n'......- . . . . (,!.• ..a�. . . .. � . . ... . . .. . . .. . . . • . , . .� , . � 13 I C� �2 N A. N I� 5 ri I "1' E3 263�7"73 , A'i'TOItN A:YS A'l' I.A�1' (SUO PIUD EER fjllILllLN(7 SAINT PAUL, MINNE50'SA CS:SICJ1 , TSLSFftON6 atia �eai Y<)fiNAtv Y..HI(IR:+ ANCA G011l! Hll FTEYHEV E.8K1"fH . Uctotaer $. 1�70 . ��,,,�,.��M �(�- � _�---�.,,~-'" � ..�. � .-.�... w � ' 1 v�,.M�e�""�� al �1 �r�'r",+a`�A..• .�•. «py�w,�'"'. [� Mr. Patrlc� �3radley ,,�..� ��-� - Amer[can H�i�:t � l�errtc.k C:o. �, 1 63 Suuth Koix;rt Stre�t � >�`-�'•''_ Saint Paul, �9inne.�ota 55107 �`''""'u'""'�"�,.�. . �- Uea r Par. ,,e�+ rnclosc�ci is your copy of the (.:ity's lease of cha Midway transfer station site da�ed August 21, 1970 and recorded Octob�:r 2, 1970 in 3ook 2250 of Kamsey i;oUrity Records, pa�e 785. l�otc� that you �iiust take action prtor ta ".9ay 20, 1a74 if you Want an extension. I su�g�st th.+t you mark your calenda; arcordingly. Yours vc�trllly, 3IiJ1t,'� ANU S:�,j r►� ; ,. .� � �� i � •,��-L Norrna�x i?,. �3�OI"Il '�:L:13:l r r;nclo�ure cc: ��r, john i;. �acrolt � � � ! . � , �� ; ��. ;� , �.m� � , g , �� .` � �;:. �;; . � Ares Cod�612 -�,'�1 THOMA$ J. STEARNS � � ARTHUR M. NELSON . . � ,21t-5!21 � � � �.� \ :`j� , 1 JEROME J. SE6AL • " �: �••�� ' THOMAS M. MOONEY � . � ��'�-,'j KENNETH J. FITZPNTRICK ��' PHUL F, McCLOSKEY, JR. JOSEPH E. CARTWQI6HT CITY OF SAINT PAUL R. S`°n °�� PIERRE N. REGNIER PAUL J. KEILY DANIEL L. fICKER First Assistant LEGAL DEPARTMENT KENNETH A.SKRIEN 316 Cify Hall, St. Paal, Mlnnesota 55102 �� DANIEL A. NLAS Corporetion Counsal August 19, 1970 Mr. Norman Biorn Attorney at Law 600 Pioneer Building Saint Paul, Minnesota 55101 " Fe : Lease Agreement - City and American Hoist Dear Mr. Biorn: Enclosed please find the original and five copies of Lease Agreement including the revisions that you and I discussed on the Lelephone earlier this week. Would you please review the Agreement and, if satisfactory to you and your client, please have the same executed on behalf o£ American Hoist. Also, please insert the date and month that the Lease should commence and terminate in Paragraph 1 .01; also in Paragraph 1 .02, the first date to be inserted should be nir�ety days prior to the date of termination of the Lease, and the second date to be inserted by you in Paragraph 1.02 should be fifteen days a£ter the said ninety-day period. If you have any questions, please feel free to call me . Very truly yours, J ome J . gal As istant Corporation Counsel .JJS :c.r Enc1 . G :� � �G= .,� ,� � i��r1� � . . �. . . - . ��R) I�� , . ' [ - l�t��y 2�'�, �974 . Cfiy �ICr� . - Ci;y o� S�. P�� _ . . Ci*y Hu�l : � _ . - - S�'. Fa:34, .�'��nr,�sa*Q � ..-, S3C. • -. T��is Ie'ttf��r is ic� nc`ify r}sc Cit� ef Sfi, �::�:�; �ha� �'lr:��ri�rn H�i;i �t O�rric�; Cor;�tpan j �' des='.�s fio rarr��,v ;�� iecse c:� land Iocc�,�c� o�� Dc�J�°fC�/ �51✓."-.. T��s ��ga� �escri��io� Is: l E�a� �a�� o` ;t:�: i`!o;tl!:,'Cst 1 i�� af Seci i�� 7. to:^�r�hip �?tv, i:an;e - . „ � . , t3L: ..� ��un�'•_d c.>n xl�� '��;.,� !1y c 1i:,: fi;i•Y i��?) fc�>t �cs� of crtd p:.;a1��1 ��ri�n ��Ize rJcs� 1ir,ti o` s�:r� �.'or?�ZSr�:�� 1��, e� f��e r��r�ncest art:� ` - . �,.,5� E�y ;I:�� i��1�i�r:es��;Iy ar�d ee;,'-•�,{� iir��^s of ;i�:: A�ivr�;ci;�a1 S:cditl:n - �;rczt=�v:"y, C;?G� Jn �i►v s:::.,.i� by a I's.:v ��rrcrfy !;>•'J) f��t t�o:*{�er{y of ar�d . - - •��;e1;�i w i�i� !�E�e t.:::�n c�r',� 1 i n� o� U��ccv;cy D:il�� cs corstruc9��, . . r - � i�:.��e}>>c�r v.�gh cn c�er,:cn, fer r��:��r�t.a3e ir.a,ess �n�! ec�,�ss ►o p�a4ie • I�'c':+�;��,. � Tf1JS �C'.i. {�� 'a; ��'�tS� �•Je�� £::j7ii'O Ciil %\J��?4.'$i ?�f ��7�. i iC?.l� �'�.a!ila L2:Z� CC��:�.'�iji��Ti; �I'll�� I:a re;��t`C� C."'i tl� T��i;1rc�'. �'3�i'T3''. � . .. � � . VeY�J �`Jv�i IOi.3;$� • . /G:� . � � � �� \ C ITY OF SAI NT PAUL ' 8 ��..� � � �`L _ ===� �� OFFICE OF THE CITY ATTORNEY � �, ",._,,.., c� June 25, 1974 �_�=°` f',' � � R. SCOTT DAVI ES ' t.�.:`s � ' °� � -� � c' � � ' Mr. Frank D. Ma.rzit� ' � �' ' City Administrator City of Sai�t Paul ; 365 Building ! i Re: American Hoist & Derrick Co. - Transfer Station near Midway Stadium i Dear Mr. Marzitelli: � Enclosed please find resolution whereby the City Council would : approve extension of the present lease agreement with American Hoist and Derrick Company pertaining to the Solid Waste Transfer ! Station on City property near Midway Stadium for an additional ; period of four years commencing on the 21st day of August, 1974, ' so as to termina.te on the 20th day of August, 1978, at the ex- isting rent of $250.00 per month; and, further, approving and authorizing American Hoist and Derrick Company to sublease the property to Occupa.tional Training Center, Inc. , provided that � American Hoist and Derrick Company should continue to be primar- � ily responsible under the lease agreement to the City of Saint ' Paul. � � I suggest that a letter be attached addressed to the City i Council whereby the Mayor would recommend this action by the Council. • , If the enclosed resolution were to be adopted by the City Council, a letter should be addressed to American Hoist and Derrick Company from the Mayor setting forth the authorization to extend the term of the lease as well as the approval of the sublease. It would not be necessary to draft a new lease agreement between the City and American Hoist and Derrick Company. I return herewith your file in this matter. If there is anything fu ther that we y do, please notify me. You s ver t 1 � ' :`��0!!`�� i i Y L I � �":c�.�..::t. � �. �`�77' � , ,...,-.......e� . t CiLj/ ' ' •_ . _.. � JE -r=��-:�;:,:._:};�:,� J. G � As� tant 'ty A torn �Y !�_ �� . �,�i' ,.., ,��'� � � ' -` / ( City Hall, Saint Paul, innesota 55102 � � , JJS:er Encls. 612 298-5121 ~�� . . ' ,. %�� '. WHITE - CITV CL � PINK � FINANC G TY OF� SAINT PAUL Council CANARY - DEPA MENT File NO. BLUE --MAVO � - ci esolution Presented By � � Referred To Committee: Date Out of Committee By Date WHEREAS� The City of Saint Paul and American Hoist and Derrick Company have entered into a Lease Agreement, dated August 21, 1970, whereby the American Hoist Compa.ny was leased a portion of City- owned property in the vicinity of Midway Stadium for the purpose of constructing, operating and maintaining a solid waste transfer station only, the said Lease Agreement commencing on 21st day of August, 1970, and terminating the 20th day of August, 1974, with the option to renew for a further term of four years at a rental of $250.00 per month; and WHEREAS, Said Lease Agreement provides that the American Hoist and Derrick Company could not sell, assign or sublet the premises without first obtaining the written consent and approval of the Council of the City of Saint Paul; and WHEREAS� The American Hoist and Derrick Company ha.s indicated its desire to renew the said Lease Agreement for an additiona.l period of four years; and WHEREAS, The American Hoist and Derrick Company has stated that it desires to sublet the premises to Occupa.tional Training Center, Incorporated; and WHEREAS� The Mayor has informed the City Council that he agrees to extend the Lease Agreement for an additional period of four years and recommends tha.t the City Council approve the sublease by American Hoist and Derrick Compa.ny'to Occupationa.l Training Center, Inc. , on the condition that the property continues to be used solely for the purpose of operating and ma.intaining a solid waste transfer station; now, therefore, be it COUNCILMEN Requested by Department of: Yeas Nays In Favor Against By Form Approved by ity At omey i Adopted by Council: Date I Certified Passed by Council Secretary By � � By - - • -- . .. �------- •- ^----.,:, �� ' .. .'�� , , . . j , a _ WHITE — CITY CLERK PINK — FINANCE COLLIICII ■LUERV — MAVOqTMENT GITY OF SAINT PAUL File NO. Council Resolution Presented By Referred To Committee: Date Out of Committee By Date 2. RESOLVED, Tha.t the Council of the City of Saint Paul does hereby approve the request of American Hoist and Derrick Compa.ny, and the said company is hereby authorized to sublet the premises leased to the company by the City of Saint Paul pursuant to that certain Lease Agreement dated the 21st day of August, 1970; pro- vided, however, that the American Hoist and Derrick Compa.ny sha.11 continue to be prima.rily responsible to the City of Saint Paul for the compliance of all of the terms and conditions of the under- lying Lease Agreement; and be it FURTH�R RESOLVED, Tha.t the Council does concur in the Ma.yor' s actions permitting the extension of the said Lease Agreement for an additional period of four years for the monthly rental of $250.00, and the proper City officers are authorized to execute an addendum to the said Lease Agreement providing for the extension of Lease and continuation of the rent of $250.00 per month. COUNCILMEN Requested by Department of: Yeas Nays In Favor Against BY Form Approved b ity ttorne Adopted by Council: Date Certified Passed by Council Secretary BY By � • -- — -� t-- ••----- �-- �--L—=----- .., r�,.....,.:� � , . � ' � . . : ��e,� 1 �� .. ��..,,�. �=T-�� < ��9��' ��a,�►��,�� 6��• r; * -��y �: �` t� ; 4� �v: 6S6 PELNAM, BLVD. SAINT PAUL, M1�lNESOT �a F. � y TEL. 646 — 7923 9 �'�'��"�e�;� > � c�?� : -q y� C.�..'.. <� �Y::'y�.� , . ' . . . . (''� /"J"� D R}� `el . R�'4,y.� , � � . . �7 `� . A_�`` �o . t r�+�� ° - . � . . . . n;f ,,,,.. �I .y,vr: � � � � � . � � ,:: ,.. .�, May 3 Q , 19 7 4 .._; �� "� �],1 �� . i� ��. � arr- � �:. . . . � � . �"., �..- �V IV V'� 1�'Y Li�' ..n�� - . � . 4 , .�k' . . . . �" . . . k , . i ' -.. � � . . ^-•1 � ^ , A t 1 as, .� . . . . . : . �. . .+ . t ��P��I'1�,TRAT�� -if . F , �� . . � . . . . . . .. . ` . `� _./�� . . .. � /tif'�T�1"`�`� � Nr. John Geisler +/ , � Theodore Hamm Company (� „ 7 2 0 Payne Avenue , `�(�,, St. Paul, Minnesota 55165 RE: Expansion of Recycling and Employment of Handicapped Persons D�ar Mr. Geisier: On A�ril 15th, 1974, O.T.C. forwarded a request to American Hoist and Derrick Company for their consideration of a four (4) year . lease on the Midway Transfer Station. The cost of the lease �oould be of.f-s�t by a Corporate donation equaling the total lease p-rice. Z^7e also asked for an outright gift of the four (4) diesel tractors and four (4) tri-axle, 65 yard packer trailers, and one front-end� loader. �merican Hoist has made a gift of the four (4} tractors, four (4) � trailers and one (1} front-end loader effective June lst, 1974. f They have informed us that they are not able to act on the second request due to a need for rene��TZl of lease by the City of St. Paul . and approval to sublease by the City of St. Paul. American Hoisf_ has, however, notified us that should the City renew the lease an� approve a sublease, that they will make the building available to O.T.C. on a no-cost basis for four (4) years for the purpose of e�panding our recycling and employment of handicapped persons ' p�ograr.i. `This represents a contribution to O.T.C. by �meri.can Hoist of approx- imately $390,000. 00 and would employ sixty (60) more handicapped � persons the first year on a two shift basis and more than lJ_0 handi- capped indivic:ivals by the end of the second year. O.T.C. woulc� l�ke ! • � . f - . . . . � . . . • ' �,,�,�� _2_ to be able to begin receiving solid waste for processing on or before July Ist, 1974 front private and government trash haulers �� St. P, _�o� t,ie uul area. Thank you, John, for your assistance to date, and I hope you ��ill consider this request with great urgency. Most sincerely, � � : _ ��. �� v John Du Rand Executive Director _ JD j1 • � . . ��t)� !� L � A S F A G R � E ri E N T ;� day of ~ THIS AGREEMLNT, Made and entered into this �_ �'lugust, I�t�, by and between the CITY OF SAINT PAUL, a municipal corporation of the State of Minnesota, hereinafter referred to as "Lessor" , and Ar'IERICAN HOIST AND D�RRICK COMPANY, a corporation of the State of Delaware licensed to do business in the State of Minnesota, hereinafter referred to as "Lessee", . WITNESSET�i: 1 1.01. Lessor, for the consideration hereinaft er set forth, does hereby let unto Lessee certain land located within the City of Saint Paul, Ramsey County, State of Minnesota, described as . �,� � tollows , for a term of four (4) years commencing on the � _ ��;�-ti �UC,.-v`=. , � and terminating on the _ day of �' ;3�)� uL AL� ctv''> c � 1 . 'I;hat part of the Northeastbounded onCthenwest Iownship 29N, Range 23W. , 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 Stadiumfpe�perty, and on the south by a line twenty (24) northerly of and parallel with the nort�o�ether line of I)eCourcy Drive as constructed, g with an easement for reasonable ingress and egress to public highways . 1 .02 . Lessee may request an extension of this Lease for a furtlier term of four (4•) years , which request shall tie transmit��d }� rn , l� to I.essor on or 1�efore the � �� - day of �Y . Sucli written notice sh.all be delivered to the office o£ the City Clerk. If Lessor consents to the exteilsion requested, ��r�-�=�� • a �roval shall be transmiLted to Lessee on or beLore Lhe 4 �- day PI � � �f ��,�'J � , lg�. Reni: for the Period oL extension sl�all bc ;;�:il�ject to a�reement l>y� and between ttie parti_es as ��,�i ;lenceci l�y acicic�i1dutr� �_� tYiis l < ase �gr��uent . . -- ,4 ..,.........�.,.��_�._�_ -_ . _ - ; ' 2 . As consideration for the use o£ the demised premises, ; Lessee slzall pay, in advance, the sum of Two Ilundred and Fifty � Dollars ($250. 00) per month, payable at the office of Lhe City Comptroller in the City Hall and Court llouse, Saint Yaul, rlinnesota. � 3. The Lessee, in addition to the above stipulated rental, shall promptly pay tahen 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 further agreed that in the case of nonpayment or failure by the Lessee to pay and dis- charge any taxes, assessments, rates, charges 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 Lessec: sha.11 peacefull}� give up the possession of the premises and restore tlie property to its original condition. Nothing herein shall prohibit Lessee from reasonably contesting the levy of any such tax. 4. Lessee shall have the right to terminate this Lease in the event tlzat (a) aIl or a substantial part of the leased premises are talcen by the right of eminent domain, or (b) Lessee is de- prived of access to the leased premises . In the event of such termination, Lessee shall restore the premises in the manner and �zs �:>rov:ic3ccl for in I'aragraph 8 of this Lease Agreement. S . L,essee shall have the use of the demisecl premises during tlie term of this I�ease for the purpose o£ constructi:ng, operating ancl tr�.itltaiili_n� a soli.d waste transfer station only. Lessee shall construcL, operate and maintain its said traiisfer station in strict com�,] ia�lcc� ��.itll �l]_]_ ��l�lic�lt�] c orclin��nces , St�_� l_� and I�'c��lcr��l l��ws, cil�i�1 i �; c��:;;j� l_i .3»c� �;-i �h aJ_1 rules ancl r��ul��t=i_o�ii, imi�osecl liy the � rliiu�c�sot<a l'olluti�il Contro]_ l��ency . I.ess�e sh��ll_ not create nor 2- i � -- --- --- � �/�- � . � � �6�`�'�3 maintain a nuisatice, as defined by law, on the demised prernises . 6 . 1,essee agrees to furnish and mainL-ain, during the term of � this Lease , puUlic liability insurance , .wtiich slzal.l 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 Thou- sand 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 i:ncident, and further include coverage 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 ' �aritten notice shall be given to the City before said insurance is changed or cancelled. Copies of said insurance policies or certi£icates shall be filed with the City Comptrollcr . 7 . Lessee does hereby expressly agree and undertalce to fully indernnify, hold harmless and defend the City of Saint Paul, its a�ents, officers and employees from any and all darna�es , claims , losses , judgments , suits , expenses , actions or causes of action in �v�hat�oE�vcr riu�nner arising out of or occasioned by the occupation or use of the demised premises by Lessee . 8 . I�essee agrees to make all improvements to the demised prem- ises entire].y at its o��m cost and experlse , arid all si.tc itn�rovements (incl.uding, l:>ut iZOt limitcd to, gradinb, fill c�kii.erial., surfacing, fer,cil��; an�i clri.vc�tiays ) sh<�11 l:�e done i.i1 strict accorcla;lce ��itl� exist- il_�;; �i L�� ,r�1in:�nce5 and �LaLc la��,�s , anci further to th� rc�isonabl_e ;ati.sl-acL i c�il oL tlic Cot�unissic�iicr o.f_ l.,il�r.arics , lludi.torium and Civi.c 3- ..�''��, '� • , . . - ' ' - � . -� �'��'�"�3 � . ► Builc]ings . Upori the teriliination of this I_.ease Agreement, Lessee expressly agrees , at its own cost, to remove all improvemenLs on � i �lie. dernisec� prcmise.s ai�d to restore the detiu sec3 pr.emi ses to its � original condition and to the reasonable satisfacti.on of the Lessor. � remises shall be so restored within one hundred twenty (12�) I� The p � days of the termination of this Lease . Lessee shall maintain the �:; insurance as described in Clause 6 of this Lease until the demised t i t premises is so restored. 9 . The Lessee agrees to promptly pay all rates ai�d charges which may become due and payable for water, gas, electric current, sewer rental, steam, telephone or other services provided for the s demised premises during the full term of this Lease. lp, The Lessee shall keep the premises in good order and the r exterior of the building free from all refuse, shall keep the sicl�- walks free £rom snow, ice and all oUstructions , and shall pro:iiptl�• and reasonably remove all ashes , garvage and refuse oi c'i11y k111C� � from the premi.ses during said term, taking into consic3�ratioz; the purposes for wllich this Lease is made . The Lessee shall no: �:�^�^.it waste of any kitld to the dcmised prer:�ises durin�; s��icl t�rf:. 11 . At all_ times during tlle terca of tlli s l.c��1sc , f.cssc�:' sli<.il l have the right, by its agel�ts and emplo} ecs , Lo ente. inLu ::lci ul�orl th� deini secl ��remi ses and improvemenLs tl�creon dul i ng reasonable busiile�s 11�urs for the purpose of examining and iilspc_ctii1g tlze same and determining �chether the Lessee shall have complied with its olili�al.i_��i1s lzeretinder. in r.espect of tlze care anci m��ii�ter1ai�ce and use of th� ��remis�s and tlie repair or i cUuild:�nf, oC Ll�ie improveriic_tit�s Lh�reoiz �,hc�1 necc,ssa�-y . 1 ?_ . `1'he l .c s:�ee sllal_1 not. crect: , ��ff i.x c�z- cl i �;��1:� . ,11",, . ; ,•,n c�il tl��, c��tcri ��r o1. �;�lid l�rctn�i_�e� ��iLl��r?ut, , i » ��cl�� i_�i:;l.,;:�� , , i � r:;l. secil�-in;; Lhe ��r.i_Lten cc�ns<:rlt. ��f Ll•.c_ (;�>;;�:�i :,�, ic�ii�� r ��] l.;_��r�_��-i ��`�� , �lucjitorium t�nd Civic i3uilclitig5 . . 4- � . . , ` . � � � � he Lessee shall not sell or assign this Lease or sub- et said premises or any part thereof without £irst obtaining the written consent aild approval of the Council of t}ze City of Saii�t J'aul, ev� c]c�ncecl t�y its resolutioil duly �dopted and enacted. Any . s assignment or subletting without the approval of Lessor shall be void, and shall, at the op'tion of the Lessor, terminate this — _- - ,� Lease . This Lease shall not, nor any part or interest thereof, be a nable as to the interest of Lessee, by operation of law, with- out the written consent of Lessor. � � 14. All notices at any time to be served by the Lessors upon the Lessee shall be in writing and sent by registered mail witk� postage prepaid, addressed to the Lessee, American Hoist and Derrick, 63 South Robert Street, Saint Paul, Minnesota 55107 . All notices at any time to be served by the Lessee upon the Lessors shall be in �ariting aTlci sent by registered mail with postage prepaid to City of Sai_nt Paul, in care of City Clerk, Room 386, City Hall & Court }iouse, Saiiit Paul, Minnesota 55102 . 15. It is a�reed between the parties that in case at any time def��ult shall be m��de by the Lessee in the payment of any reni: upon the ciay when the same shall become due or payable , and such default shall coni�inue for ten ( 10) days , or in case default shall be made by the Lessee in t11e per�ormance of any of the other terms, condi- tions or covenants of said I.ease by said Lessee to be performed, otlier. than the covenant for the payment of rent, taxes and assess- ments as set out � il Para�,raPh 3 above, and said default shall coiltintic ?-or �� r:i ocl of Lhirty (30) cl�Zys after thc scrvice of t,�rittc�>> >��>�_i c� c>l sucl� defaulL by Ll�c ].essor on t�l1e I,cssce (�io tloi�icc of �le��talt_ in the payment of rent Ueing necessary ) , Lheii Llze ],essor :r��_�y ei�Ler int.o and u�,oll tlie c3erni_s�d pr�tnis�s or any parL Ll�c .�� .�f_ �>>l;i r��possc_:�� Lh�_ �atuc , ��.-ii_h vi� ��;iL11ouL pre jt�cl.ice Lo any �l i �s reinc.%' � � s f_or i-ciiL oi l�rc�ich ��;f cc�ve�n�.inl�, �_ind in a�ly such evc-nt � 5- � ' � • • I►�ay, at its option, terminate said Lease by giving written notice of its election so to do, or may, at its option, let the premises or any par. t �tiereof as tlie agent of the. Lcsscc , or othci-wise . Ttie toregoing rights and remedies given to the Lessor are, and shall be - deemed to be, cumulative, and, the exercise of one shall not be deemed to be an election, excluding the exercise by the Lessor at any other or different time of a different or inconsistent remedy, and shall. be deemed to be given to said Lessor in addition to any other and further 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 future time. � 16. 11� the event this Lease Agreement or any part thereof is � determined by any court ' s decision to be contrary to an ex' � ` y isting � la�v, this 1.ease llgreement shall be terminated, and the premises re- stored to its ori�inal condition to the satisfaction of the Lessor, ,:11 at tlie :ole cost and expense of the Lessee . In the event of `,llch termination, it is expressly agreed upon by and between parties hereto that Lessor sha11 in no way be liable for any damages caused or incurred by Lessee. 17 . 01 . It is further agreed, providecl Lessee has fulfilled al.l provisi_o1zs, agre�mei1ts, covenants, arld conditions of tlzis Lease that L�ssor, at the expiration of this Lease Agreernent, shall have ' Lhc� opt�iot� to ptn-cl��_iti� �}ze bti:il�ling a�ic3 ini��roverr�e��ts erc�ct�� oi1 Ll�ie � c3cnli scc3 prc��nise5 tiy i,essee . Noticc oL i_ntent Lo eaea-cise t.r,e pur- cl"-ise oI�L,'-on slial]_ bc transn,iitted in �,:riti_i�lg to l,e�sec 1io l��ter ! ' -.ii l�in��y (�,)O) clays prior to thc term_iu��iLi_on hereof. 7-7 . O� . �;oin�,c�l��zt..ion ior tl�e a,urcl��,:sc� of tl�e� l�uildi_7�g �l�d iri�i_ )�: �:��ru��its ,�i�,�11 }�� cic��tc�rmi>>ecl i�i the� follo��ii1� rnrinner: . � 6- � . . . _ . � 2+6�'�"73 Lessee and Lesso"r shall each appoint a certi.fied � � real estate appraiser, and a third certified real estate appraiser mutually agreed upon Uy the Lessor ��nd Lessee shall be apPointed , the cost of the Clli rd a��ra i ser to be shareci equ�il ly bet�.cen ! l.essor ancl Lessec . . 17 .03 . The three appraisers shall then determine the rr�arket value of the bui1di11g and improvements as of the date of the exer- cise o£ t11e purc]Zase opL-ion and shall subrnit tlleir written determination within thirty (30) days o£ their appointment. A decision of the majority of the appraisers shall be considered the market value of the building and improvements , provided, however, that in no event shall "market value" be an amount less than the Lessee ' s cost of construction less five percent thereof for each year of Lessee' s occupancy of the demised premises . 17 .04 . Lessor shall have the right to either accept or re- ject the proposed consideration, and notice of acceptance or rejection shall be transmitted to Lessee within thirt}T (30) days �of the date that the proposed consideration is submitted to Lessor. The option to purchase shall be considered only as a right of I�essor to o�fer the amount of consideration as determined by the above-described apPraisers as consideration for the purchase of said buildin� and improvernents and sllall not Ue enLorceable as aga_ii�st l,essor_ until such sale is accepted as provided herein. 17 . 05 . If the proposed consideration is accepted , and the � optioii to purchase is exercised by Lessor, Lessee shall £orthwith convey 1�itl.e to �he building and improvements free and clear_ of all encumbi-aizces , �al�at soever, to Lessor no later tllan thirty (30) days froir: rznd <�ftur tl�e delivcry of acccl�ta�zce l�y the Lessor of the l�i-ot�o:.cc1 co,�sicic�r-atio�n. � ] "/ . ;i(, , l �� i:l;e event l.es�or ele�Ls Lo rrjc�ct the c.onsi.clerai_ion ��lt�i cic�;.�� ,��:li��c.; 1�oL to ex��i-c,i�c thc ol�t i_un tc� ��ur�cll�as�� ras l�r�vi�lccl (,c�-c� 7i, i_11i_s Lea�c� sl�iall Lcin�i_l��t.c , r.�ud� tl�e �l��nt:i_sc��l }>rt.�u�.�e:=� sl�,i.11 7- �, i � Y . be restored as provide� in Paragraph $ above . IN G�'ITNESS WIIFREOF, "The Lessor has caused this Lease to be executed on its behalf by its Mayor, Commissioner of Libraries, Auditorium and Civic Buildings, its City Clerk and City Comptroller, rc:spectively, and the Lessee has caused this I.ease to be executed a�1 its behalf by its And , as of the day and year first aboWe written. � t APPROV AS TO FORM: CITY OF SAINT PAUL: Assi arit Corp �itia oun el / Ma r - � . � � � /, . y � � mmissioner of Libraries, .�P}'R(l\�I�,D /1S T� F�F.,'�t Au ' orium d ' vic Bu' dings �,�;ll I: i�:CL I'T�"� : City Clerk A , <jnt Corp a io Cou el (;oun rsigned ; City Comptrol ],er 1n' 1'RF��;•�:^�CI; OF: �1I�1FkIC�1N [IO]�ST 11ND DEk�I.CK CO�1PAi .. ' f 1 � � � . _�_ .-i_ C`r, . � !/ '' ' �- �.c �' l3Y �o.sl.,_,�,,. � '►.�.'_.¢,,,�-�--�--'`-�__ - I L S V�__yL� i • - ,.� , � � ! � '�� _ .. � _�_..:........,� , � , . � And ' -� � I.L�� - ��- 'L*� �� ,. .,l�...r�'_. � , � . � ` � � � � I i � � � �6�'�'73 S'TAT� Ol� MINNESOTA ss . COUNTY OF RAMSEY ) . � On this day of , 19�L , before cne, a notary public wi.thin ancl for said County, personally appearcd Chr�r. les P. McCar�y, Wziliam E. Carlson, Harry E. Marshall, an�3 Lou rlcKenna, to me personally kno�v-n, who, being each by me duly � sworn, dicl say that they are respectively the Mayor, Commissioner of Libraries, Auditoriu.m and Civic I3uildings, the City Clerk, and the City Comptroller of the City of Saint Paul, Minnesota, named in t11e 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 said City of Sai�t Paul by authority �ranted pursuant to formal resolution of the Council of the City of Saint Paul, Cou cil File No. 249074, passed and approved the 28th day of May, 19 , and the sa�.d Mayor, Com- missioner of Li.braries , Auditoriuni and Civic nuildings , City Clerk, ai�d City Comptroller ackno�aledged said instrument to be thE act and deed of said City of Saint Paul. , pursuant to said resolution. Notary Public, Ramsey County, Minnesota My commission expires STATF. C)F r11NNES0'I'!� ) ) ss . CGl?��;'1'Y C�f' l;I�MSE1' ) , � Ui� thi s ,��.��' � clay of ,'l-�, � : - _, .r� , 1 , l�efore ule , a notary Put�lic �aithin a�1cJ- for said Cou�ity and State , �erso�all.y. apPeared � ,.� t I � ,. ; , • ,� "; a.n�l , . ��fi� _ii �" r.�.`f/,--- � � to rr,c ��cr_son�illy l;nown, �•.lio beink ecz�l� Uj� m� duly sworn did say � � � � ' ,� .,� • ,+� . - �� ancl t11e L}�at. lhc�� firc resE��:�cC i �, c ly �he _ , - , � -' r_� j,; ' . o�. i1i�1�.�-i caii 1�0� :�t ancl llerri_cl; Company, - - � - t}��_ cor��o�-ation �n�ii��e�l in the forc;;oii�� ilistrtii�ne»t , and t}ZaL Llie seal af i� i xecl t_c� ;.:aicl i_i�sLrli��e1�iL i s Ll�� coll�oraLe ��.��1 �i s��icl cor��oraLion, .-tru! I i��t �;�z.id i.n::t �-urnci�t tat��; :; i f,nrcl �3I1C� s��,�l c��l i i� l�el�a l f of sai.d cor}>orat i,�>i� t�y aut 1?��-�-�i_Ly� 01" it�� }'.�� ;.r�l oT 1)i��'c.ct�:��:; , ��;�? �r>> d / � , r � ' , ��- � . _ ��. _ �i l l;; i . /7 • � � �:jcl:t��t�] c>�i:;ccl �,i i c} i �i��t. �-!�;nc i�t � c� l:c� tlic� f r� � , ,� �: iet�d af ��i cl r_�;r��o��:� ! .� ,��i; . � , '� 1 �----�.r._�___.i ' _ _._ . , � _ ,� . „i)�il1:x� �'l;l� i � (: � � 'i ,�. �IL� . , '1 il;l(' :Ol�. , ;•, �. .�;:�.,i.- :,,�,'�� ;1�'. � .�,-r �_.t__ _-------�- � , �- . . �Li�,�, y '�.j'„ , i.. � ' .',1i'�UN ".- rvr��w�ti:rir � �':�Ur 2�� L E A S E A G R E E M E N T THIS AGREEMENT, Made and entered into this 21st day of August, 1974, by and between the CITY OF SAINT PAUL, a municipal corporation of the State of Minnesota, hereinafter referred to as "Lessor", and AMERICAN HOIST AND DERRICK COMPANY, a corporation of the State of Delaware licensed to do business in the State of Minnesota, hereinafter referred to as "Lessee", WITNESSETH: 1.01. Lessor, for the consideration hereinafter 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 (4) years commencing on the 21st day of August, 1974, and terminating on the 20th day of August, 1978. That part of the Northeast 1/4 of Section 27, Township 29N, Range 23W., bounded on the west by a line of said northeast 1/4, on the northeast and east by the northeasterly 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, toqether 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 shall be transmitted to Lessor on or before the 20th day of May, 1978. Such written notice shall be delivered to the office of the City Clerk. If Lessor consents to the extension requested, written approval shall be transmitted to Lessee on or before the 4th day of June, 1978. 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 Two Hundred and Fifty Dollars ($250.00) per month, payable at the office of the City Comptroller in the City Hall and Court House, Saint Paul, Minnesota. 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 26��3 estate or improvements thereon during the tercn of this Lease. It is further agreed that in the case of nonpayment or failure by the Lessee to pay and dis- charge any taxes, assessments, rates, charges 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 shall peacefully give up the possession of the premises and restore the property to its original condi- tion. Nothing herein shall prohibit Lessee from reasonably contesting the levy of any such tax. 4. Lessee shall have the right to terminate this Lease in the event that (a) all or a substantial part of the leased premises are taken by the right of eminent doanain, or (b) Lessee 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 this Lease Agreement. 5. Lessee shall have the use of the demised premises during the term of this Lease for the purpose of constructing, operating and maintaining 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 all rules 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 furnish 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 further include coverage 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 certif i- cates shall be filed with the City Comptroller. -2- � �'f�`�'�'73 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 froan 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 agrees to make all improvements to the demised premises entirely at its own cost and expense, and all site improvements (including, but not limited to, grading, fill material, surfacing, fencing and driveways) shall be done in strict accordance with existing City ordinances and State laws, and further to the reasonable satisfaction of the Commissioner of Libraries, Auditorium and Civic Buildings. Upon the termination of this Lease Agreement, Lessee expressly agrees, at its awn cost, to remove all improvements on the demised premises and to restore the demised 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 demised premises is so restored. 9. The Lessee agrees to promptly pay all rates and charges which may be- come due and payable for water, gas, electric current, sewer rental, steam, telephone or other services provided for the demised premises during the full term of this Lease. 10. The Lessee shall keep the premises in good order and the exterior of the building free f rom all 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 considera- tion the purposes for which this Lease is made. The Lessee shall not commit waste of any kind to the demised premises during said term. 11. At all times during the term of this Lease, Lessor shall have the right, by its agents and employees, to enter into and upon the demised premises and improvements thereon during reasonable business hours for the purpose of examining and inspecting the same and determining whether the Lessee shall have coanplied -3- � � � 2��3 with its obligations hereunder in respect of the care and maintenance and use of the premises and the repair or rebuilding of the improvements thereon when necessary. 12. The Lessee shall not erect, affix or display any siqn on the exterior of said premises without, in each instance, first securing the written consent of the Commissioner of Libraries, Auditorium and Civic Buildings. 13.01. 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. 13.02. It is, however, further understood that Lessee enters into this Lease without intention of subletting the premises set forth in Paragraph 1.01 hereof, together with building and appurtenances to Occupational Training Center Inc. and that the term of said sublease shall be coterminous with the term of this Lease. It is also understood that Lessee may enter the subleased premises in the event of any breach of the sublease, and Lessee shall in such event occupy and use the premises for the remaining term of this Lease in accordance with the terms hereof. 14. 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, American Hoist and Derrick, 63 South Robert Street, Saint Paul, 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 to City of Saint Paul, in care of City Clerk, Room 386, City Hall & Court House, Saint Paul, Minnesota 55102. 15. It is agreed between the parties that in case at any time default shall be made by the Lessee in the payment of any rent upon the day when the same shall -4- � ��(� 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 perf ormance 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 for rent or breach of covenant, and in any such event may, at its option, terminate said Lease by giving written notice of its election so to do, or may, at its option, let the premises or any part thereof as the agent of the Lessee, or otherwise. The foregoing rights and remedies given to the Lessor are, and shall be deemed to be, cumulative, and the exercise of one shall not be deemed to be an election, excluding the exercise by the Lessor at any other or different time of a different or inconsistent remedy, and shall be deemed to be given to said Lessor in addi- tion to any other and further rights granted to said Lessor by the terms of this Aqreement, 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 future time. 16. In the event this Lease Agreement or any part thereof is determined by any court's decision to be contrary to any existing law, this Lease Agreement 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 shall in no way be liable for any damages caused or incurred by Lessee. 17.01 It is further agreed, provided Lessee has fulfilled all provisions, agreements, covenants, and conditions of this Lease, that Lessor, at the expira- tion of this Lease Agreement, shall have the option to purchase the building and improvements erected on the demised premises by Lessee. Notice of intent to exercise the purchase option shall be transmitted in writing to Lessee no later than ninety (90) days prior to the termination hereof. -5- � 2s�� 17.02. Compensation for the purchase of the building and improvements shall be determined in the following manner: � Lessee and Lessor shall each appoint a certified real estate appraiser, and a third certified real estate appraiser mutually agreed upon by the Lessor and Lessee shall be appointed, the cost of the third appraiser to be shared equally between Lessor and Lessee. 17.03. The three appraisers shall then determine the market value of the building and improvements as of the date of the exercise of the purchase option and shall submit their written determination within thirty (30) days of their appointment. A decision of the majority of the appraisers shall be con- sidered the market value of the building and improvements, provided, however, that in no event shall "market value" be an amount less than the Lessee's cost of construction less five percent thereof for each year of Lessee's occupancy of the demised premises. 17.04. Lessor shall have the right to either accept or reject the proposed consideration, and notice of acceptance or rejection shall be transmitted to Lessee within thirty (30) days of the date that the proposed consideration is submitted to Lessor. The option to purchase shall be considered only as a right of Lessor to offer the amount of consideration as determined by the above- described appraisers as consideration for the purchase of said building and improvements and shall not be enforceable as against Lessor until such sale is accepted as provided herein. 17.05. If the proposed consideration is accepted, and the option to pur- chase is exercised by Lessor, Lessee shall f orthwith convey title to the building and improvements free and clear of all encumbrances, whatsoever, to Lessor no later than thirty (30) days from and after the delivery of acceptance by the Lessor of the proposed consideration. 17.06. In the event Lessor elects to reject the consideration and deter- mines not to exercise the option to purchase as provided herein, this Lease shall terminate, and the demised premises shall be restored as provided in Paragraph 8 above. -6- IN WITNESS WHEREOF, The Lessor has caused this Lease to be executed on its behalf by its Mayor, Commissioner of Libraries, Auditorium and Civic Buildings, its City Clerk and City Comptroller, 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 AS TO FORM: CITY OF SAINT PAUL: Assistant Corporation Counsel Mayor Commissioner of Libraries, APPROVED AS TO FORM Auditorium and Civic Buildings AND EXECUTION: City Clerk Assistant Corporation Counsel Countersigned: City Comptroller IN PRESENCE OF: AMERICAN HOIST AI�ID DERRICK COMPANY By Its And Its -7- ..-----• - , , - . � ; • �'f 3'�'�3 . � . � 1.. r: � sF � cxl; I: r� }� � •r ` TEIIS 11GREEMENT, 2�1ade �nci entered i11to this � day of . tlugust, 1970, by and be��veen the CITY OF SAINT PE�llL, a rnuni.cipal _ corporation of the St-ate of Tlinnesota, hereinafter referred to as "Lessor" , and A�IEIZICAN HOIST Ai�D DEKRICK COt1F'At�Y, a corporation of the State of Dela�vare licensed to do business in the State of , i•linnesota, hereinafter referred to as "Lessee", , , : taITNESSETH: , . - E - t 1.01. Lessor, for the consideration hereinafter set for�h, does hereby let unto Lessee certain land located ��ithin the City � of Saint Faul, Ramsey County, State of Minnesota, described as. . � _ co�m�encin an the �"� � follo�as , for a term of four (4) years � _.. . �-- �2t��ti - - clay o£ AUe,v�.� , 1970, and terminating on the _ � c�.t}� o f �'J Ctv: T , 1974: ' 'I'hat part of the I�oxtheast 1/4 of SecLian 27 , • ' 1'oc��nship 29\, Range 23[�?. , bounded on the west by � line fifty (SO) feeL easL of and �a-ra].lel with the ��Test line of said northeast 1/4, on the norttieast azld east b}T the northeasterly and easterl}r li�ies of the 1`lunicipal Stadium property, az�d on the south by a line twenty (20) feet northerl�r of and parallel �aiLh the north curb line of DeCourcy Drive as constructed, together _ with an easemez�t for reasonable ingress and _ egress to public hightaays . 1.02 . Lessee may request an extensioiz of this Lease for a . Ltirtlier Lerin of four (4�) }�ears , �ahich request sh�ll be transmitted �� to I.essor on or be�ore t}ie � �� - �ay pf �AY , 1974. Such writLen noCice sh.all be delivered to the office of the City' � : Cler�. I f Lessor coti�ez�ts to tlie eaC�ci1sion rec{ucsLed, <<�riL�en ��. a ��roval 5ha11 t�e �r�t�s<<u_t��ed to Lesse� orl oL l�eLai-e tlle _�____ d�5' I �l 1974. F:eizL for t�he pcL:�od o£ e}:tcnsi.on p f '-•J� '��J F= f . �l;�ill t�c� S�il�ject to a;reenent. U}' and bet�.�een t�ie parties as e.�i ;leI1C��ci l,y �i�]cir�r�cltu�; ��o Lhis l.ea:;e ��rec«<<l1t . - .- . . '. ; � ' � : �. � ��63'��3 ...�.__.�fr.__,__T_--.�.��. _ - � ` � � l3 . ��.-' 1'11e Lessee sha11 not 'sell or as.sigil �tlis Lease or sub- lc� said premises or an}T �art thereof �ti�iti�out fi.rst� obLaining t��e ��•:ritten coilsenL- aiicl ap��roval of the Council of �l�e Cit}r af Saii�t 1'<�ul, e�Ticlencecl Uy its resolut_ion dL�ly �dop�ed and enacted. Any " sucii assignment� or subletting iaithou� the apProval of Lessor shaZl be void, and shall, at the op'tion of the Lessor, terminate this - Lease . This Lease shall not, nor any part or interest i:hereof, be assigriable as to the interest of Lessee, by opexation of la��, with-- out the ��ritten consent� af Lessor. 14. Al1 notices at any time to be served by the Lessors upon the Lessee sliall be in ��riting and sen� by registered mzil 1�7ith � 4 p�stage prepaici, addressed to the Lessee, E�merican Hoist and Derrick, 63 South Robert Street, Saint Pau1, Minnesota 55107 . All natic,es at any time to be served by the Lessee upon the Lessors shall be in �ariting ancl sent. by registered mail_ with postage prepaid to City of Saint Paul, in care of City Clerk, P.00m 386, City �Iall & Court }louse, Sa�.1�t� Paul, TlinnesoLa 55102 . 15 . It i-s agreecl bet�aeen the parties that in case at any time clefault slzall be m�de by the Lessee in t11e payment of any renL upon t��e clay ��het1 the satne sliall liecome due or pa}�aUl.e , and such default _ sha11 conLiriue for ten ( 10) days , or in case default sliall be riade liy the Lessee in tl�e per�or.c�ance of any oF tlze oti�er terms, concli- �ivils or ec��enants of said I..ease b}r sai.c] Lessee to Ue l�erfarmed, �t�ier. tha�� t�he co�renr:int for thr_� pa}rtneTit oL rcnt, taxes acid assess- rnent�s as se� out -i.n P�zr_a�,z-<�zPh 3 al�o��e , ancl saicl c�efau7_t s�•iall ' � coi�ti_»uc fc�r �z ��er. :ic�<1 of_ Lhi.�-Ly (30) cl�lys aLLer L��c� scrv�cc oL �•�i'i_tCei� uc�t i ce c�L SUC11 clefaulL- by tlie l.essor ot� t�he I.essee (�1� � not.:i ce oL cicl:r_�ult a_r� tiic� ��iyrlci;� �I_ rcn� bein�; ne:cess��ry) , tltc« t.hc Lcssor i,,,�� c.�Lcr iiito ,-�nd ��c,n thc <3cri_i sed E�i.c��.�ises or �iz,�� j��irL l �jc�-c.c�( �:��;.i r��v�:-,��:-::: L1�� .-��: - , � i l.l� i�t' ��.itha_►i_ jit-c�jur_1_icC� Lo ur��' of_ , • i L� r�inc.c�i i �:; i oc� t�cr�L oc hrc�t�c}� <�f co��c��ir7��L , �t�3;_l :i_i1 Fl)1}� Stic.li e��c•c2� �_