261371 WHITE - CITY CLERK COU11C11 /����
PINK - FINANCE
CANARY - DEPARTMENT GITY OF SAINT PALTL �d
BLU£ � - tv1AYOR File NO.
��. � C l I�esolution
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED� That the Council of the City of Saint Paul does
hereby authorize Lease Agreement between the City and Group Health
Plan, Inc. , leasing to the said Group Health Plan� Inc. , the usable
portions of the vacated alley adjoining and the South one-ha.lf of
vacated Hendon adjoining to Lots 23 and 24, Block 8, St. Anthony
Park North for the purpose of installing a parking lot, the Lease
to be on an annual basis at compensation of $550.00 per year� subject
to the right of the City to termina.te the Lease by giving thirty
days� prior written notice thereof.
COUNCILMEN
Yeas �tl�r Nays � Requested by Department of:
� Finance & Management Service�
Konopatzki In Favor -
Levine D
�— Against BY � ��- Director
�pc�mRS Raedl�r
Tedesco •
Mme.President � �8't. �O �rj
May .,. Form Approved y i y A rney
Adopted by Council: Date
i
Certifi sed'by Co S y gy f
B �
Y
Approv by Mayo . Date � Approv y or Submission to Council
By BY
Pu�us��o JU 2 973
�� ����,�k,�.. -`'�
� . � . ��"� �� � �.�"4�
, f �'�
� ��� LEAS E
THIS AGREEMENT, Made and entered into this day of
, 1973, by and between the CITY OF SAINT PAUL, a
� municipa.l corporation, (herein called the City) and GROUP HEALTH
PLAN, INC. , a Minnesota insurance corporation, (herein called the
Companyl, WITNESSETH:
1. T`�a� the City hereby leases and rents unto the Compa.ny
the usable portions of vacated alley adjoining and South one-ha.lf
(S. I/2) of vacated Hendon adjoining: Lots twenty-three (23) and
twenty-four (24), Block eight (8), St. Anthony Park North, for the
purpose of using the usable surface of said lots for an extension
of the Company's present automobile parking area.
2. This Lease shall commence as of the lst day of July, 1973,
and shaZl run for a term of one year. This Lease will renew itself
from year to year unless and until either pa.rty shall give to the
other party written notice at least thirty (30) days prior to the
30th day of June of tha.t year tha.t it desires to cancel or termina.te
this Lease Agreement. The City hereby expressly reserves to itself
the right to terminate this Lease Agreement by the givi.ng of thirty
(30) days' prior written notice thereof to Company as herein
provided.
3. The rent sha.11 be paid on or before July l, 1973, and shall
be pa.id annually thereafter on or before the lst of July of each
year, to the Depa.rtment of Fina.nce and Mana.gement Services of the
City, at the rate of Five Hundred Fifty and No/100 Dollars ($550.00)
per year.
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4. That the City reserves the right of ingress and egress
for the purposes of maintaining, repairing, and servicing an
underground sewer pumping station located upon said lots together
with appurtenant connections to said pumping station.
5. The Company agrees to observe and keep all the laws, reg-
ulations, and requirements of the City of Saint Paul, and further
agrees that it will hoZd the City free and ha.rmless from any and
all liability of any kind or nature which may accrue by reason of
the Company's occupancy of the above-described property, and in
connection therewith the City sha.11 not be responsible for any of
the costs in connection with. establishing the said property as an
,
extension of the parking facilities of said Compa.ny, and, further,
that said installation shall be subject to the approval of the
City's Director of Public Works. ,
� 6. The Company, in addition to the above-stipulated rental,
sha.11 promptly pay when due all taxes, general or special, all "
public rates, dues and special assessments of every kind which
sha.11 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 Company to pay and
discharge any taxes, assessments, rates, charges or levies as
herein provided, then the City ma.y, at its option, ter,ninate this
Lease Agreement by giving Company ninety �90) days' written notice,
and Compa.ny sha.11 peacefully give up the possession of the premises
and restore the property to its original condition. Nothing here-
in shall prohibit Company from reasona.bly contesting the levy of
any such tax.
� 2. .
.
7 . Company agrees to furnish and maintain, during the term
of this Lease, public liability insurance which shall protect the
" � City and the Company from claims or dama.ges for personal injury,
including accidental death, which ma.y arise out of the occupation
or use of the demised premises by the Company, which public lia-
bility insurance shall be in an amount of not less tha.n 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 tha.n 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
sha.11 state that thirty (30) da.ys' written notice shall be given to
the City before said insurance is changed or cancelled. Copies of
, said insurance policies or certificates shail be filed with the �
City's Department of Finance and Ma.na.gement Services.
8. The Compa.ny sha.11 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 ena.cted. Any
' � such assignment or subletting without the approval of City . sha.11 be
void, and shall, at the option of the City, termina.te this Lease.
This Lease sha.11 not, nor any part or interest thereof, be assign-
able as to the interest of Company, by operation of law, without
the written consent of City.
3.
w '
9. 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 termina.ted, and the premises re-
stored to its original condition to the satisfaction of the City,
all at the sole cost and expense of the Company. In the event of
such termination, it is expressly agreed upon by and between the
parties hereto tha.t City sha.Il in no way be liable for any dama.ges
caused or incurred by Compa.ny.
10. City and Company do hereby expressly mutually agree tha.t
that certain Lease Agreement of 1971, pertaining to the property
described in pa.ragraph No. ]. herein, be and is hereby rescinded in
its entirety.
In the Presence of: CITY OF SAINT PAUL
By
- Ma.yor
By
Director, Department of Fina.nce
and Management Services
Approved as to Form:
sistant ity Attorney
In the Presence �of: GROUP HEALTH PLAN, INC.
By
Its
By '
� Its
4.
J. WILLI,AM DONOVAN 2�-5317
Valuation Engineer
ROYE. BREDANL, �.. CITY OF SAINT PAUI
Ass't Valuation Engineer BUREAU OF VALUATIONS
286 Cify Hall � �s- /
S�inf Paul, Minnaofe 66102 � � ) �
l
May 1�+, 1973
N�r. Phil Lee
Administrativ� Assistant
Of'fice of the I�.yor
BUIT,D ING
Re; Lease for vacated alley ad�oining and south 1�2 of va.cated Hendon adjoining:
Lots 23 and 2�+, St. Anthor�y Pa.rk North. City owned property leased to Group
Health Plan, Inc.
Dear Phil:
After revi�rir� the terms of the attached lease, I would recommend the annual
rental rate be raised from the present $�90.00 to $550.00 based on current land
values and arrived. at using accept�d valuation procedures.
The revised lease has been prepared by the City A�torney's Off'ice and a copy is
attached �long with an area map with the parcel shown shaded in red, for your
review.
The subject property is the site of an underground sew�r pumping station which
requires that a small area be fenced off fbr access. The rema,ining portion has
been blacktopped at the expense of Group Health and is used as a parking area for
doctors, personnel and patients. The proposed rental reflects an adjustment for
City us� and access to the parcel.
In view� of the foregoing, I would recammend the attached resolution be approved
by the I�yor's Office for submission to the City Council so the revised lease
may be presented to Group Health Plan, Inc. for their review and execution.
Please note that the due date for the proposed anrnzal rental is July 1, 1973.Your
attention to this matter at your earliest convenience would be appreciated.
If you have any questions on this matter, plea,se call me.
Very truly. yQUrs,
.-� ?
`�f f� -_��,�.
J• William Donovan
Valuation Engineer
JWD:�JR:clm
Attach.
cc: Daniel Dunford
Arnold �lickelson
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I, EAS E
THIS AGREE2•SENT, made and entered into this day of
, 1971, by and between the CITY OF SAINT PAUL, a
municipal corporation, (herein called the City). and GROUP HEAZTH
PLAN, IhC., a Minnesota insurance corporation, (herei.n called the
Company) , WITNESSETH:
1. That the City hereby leases and rents unto the Company
the usable portions of vacated alley adjaining and South one-half
(S. 1/2) of vacated Hendon adjoining: Lots twenty-three (23) and
twenty-four (24) , Block eight (8) , St. Anthony Park North, for the
� purpose of using the usable surface of said lots for an extension
of the Co�pany' s present automobile parking azea.
,
2. The peria3 of this iease shall be one year from and after
July 1, 1971, and shall terminate at the expiration of said one .
year or a� any time sooner, upon thirty (30) days' written notice
by the City to the Company.
3.- T'he rent shall be paid on or before July 1, 1971, and sball
be paid anaually thereafter on or before the lst of July of each year,
to the� Conmissioner of Finance of the Ca.ty, at the rate of Four Hundred
Ninety and no/100 Dal.lars ($490.00) per year.
4. That the Gity reserves the right ot ingress and egzessfor
the purposes of maintaining, repairing, and servicing an underground
sewer pumping station located upon said �ots together with appur-
tenant connections to said pumping station. .
, .
S. 'r"�:.z :orr:. :� ��::�;... ::. �::s�+v.: a:.� :;��p �l� �Y�e �awb,
regulations, and requirements of the City of Saint Paul, and
further agrees that it will hold the City free and harmless froin
any and all liability of any kind or nature which may accrue by
reason of the Company' s occupancy of the above described property, �
and in connection therewith the City shall not be responsible for
any of the costs in connection with establishing -the said property .
as an extension 'of the parking facilities of said Company, and,
further, that said installation shall be subject to the approval
of the City' s Chief Engineer.
6. �he Company, in addition to the above stipulated rental,
shall pro:aptly pay when due all taxes, general or special, all
public rates, dues and speeial assessments of every kind which
shall became due and payable upon said real estate or improvements
trereon durir.� the term af this LeasE. �t is further agreed that
in the case of nonpayment or failure by the Company to pay and dis-
charge any taxes, assessments, rates, charges or levies as herein
provided, then the City may, at its option, terminute this Lease
Agreemen� by giving Company ninety (90j days' written notice, and
Comp�r.y sr,all peaceful2y give up the possession of the premises and
restore the property to its original condition. Nothing herein
.shall prohibit Comp�ny from reasonably contesting the levy of any
suc2i tax.
7. Co;r,pany agrees to furnish and maintain, during the t�rm
. of this Lease, public liability insurance which shall protect the
• City and tlie Company �rom claims or datnages for personal injury,
2
.. �
. �
�
including accidental death, which may arise out of the occupation
or use of the demised premises by the Company, which public
liability insurance shall be in an amount of not less than One
Hundred Z'housand 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 Z'hree Hundred Z'housand
� Dollars ($3�Q,000.00) on account of any single accident or incident,
and further include coverage for property damage in an amount not
less than 2hree 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 �hanged or eancelZed. Copies of
said insurance policies or certificates shall be filed with the City
Comptroller. , ..�.�.
8. Z'he Campany shall not sell or assign this Lease ar 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 assiqrs:ient or subletting without the approval of City shall
' be void, and sha21, at the option of the City, terminate this Lease.
�his Lease shall not, nor any part or interest thereof, be assignable
as to the intcrest of Company, by operation of law, witYiout the
written consent of City. • �
9. In the event this Lease Agrcement or any part thereof is
determined by any couzt' s decision to be contrary to any existing
, law, this Lease Agreement shall be terminated, and the premises re-
stored to its original condition to the satisfaction of the City,
� 3
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all at the solc cost and expense of the ComFany. In the event
of such termination, it is expressly agreed upon by and between
the parties hereto that City shall in no way be liable for any
damages caused or incurred by Company.
10. This lease wi12 renew itself from year to year unless
either party notifies the other of a desire to cancel or change the
� � conditions of the lease, or to have possession of the premises with
thirty (30) days' written notice before its expiration.
In Presence of CI � SAI :T �
. `��" ��-��,".•s-= ��`�,�`
,
Mayor
/ s�-�u-�
o issioner �, Publ ' Wor s
/ �
� ..-��i%�� /
City lerk
Countersigned: � �
City Comptroller '
In Presence of UP HEALTF: PLAN, INC. .
. �
� President
Secretary
Forr. nppro �d
. � Approved as to form and execution
���� � this day of , 1971.
Sp� 'i�l��� �is .:aii� C�rpora�ion
Counsel
Special Assistant Corporation
� Counsel
4
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