261621 WH17E - CITV CLERK 261621 �
PINK �- FINANCE COU11C11
BLUERY�MAVORTMENT GITY OF SAINT PAiTL File NO.
� C n il Resolution
�
� ,
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, That pursuant to Section 231 .05 of the Saint Paul Legislative
Code, (as amended by Ordinance PJo. 14662, approved December l , 19�0) pertaining
to regulations for the adjusting of sewer service charges, and upon the
recommendation of the Department of Public t�lorks and approval of the Board
of Water Commissioners, the Council of the City of St. Paul does hereby
certify that because of partial diversion of their total water consumption
from the City of Saint Paul 's Sanitary Sewer System, the below listed firms have
justifiable reason for application of an adjustment to their sewer service charges
as levied in accordance with Resolution, Council File No. 260368, approved
December 22, 1g72, and be it
FURTHER RESOLVED, That a full or partial refund of paid sewer service charges,
based upon these adjustments, shall be refunded from the "Sewer Service Fund"
and shall be in the following amounts:
NAI�E
ADDRESS TI ME E'ERf OD AMQ.111�1-�
St. Paul Dispatch � Pioneer Press MAR-APR 1973 $ 302.18''
55 E. Fourth St. 5�101
United States Gypsum Co. MAY 1973 $ 57•25
1120 E. Seventh St. 55106
�lhirlpool Corp. t1AR-MAY 1973 $25,565.83
$50 Arcade St. 55106
Koppers Eo. Inc. MAY 1973 $ 2,300.90
1000 N, tiamline Ave. 55104
Jacob Schmidt Brewing Co. APR-MAY 1973 $ 1 ,981 .42
882 W. Seventh St. 551�2
COUIVCILMEN Requested by Department of:
Yeas Nays
Hunt Pub 1 i c Works
Konopatzki In Favor
Levine
Meredith A gains t BY `
Sprafka
Tedesco Daniel J. D ford Sewers
Mme.President Butler
Form Approved by City ttorn
Adopted by Council: Date
Certi ' a � ed,by C ary BY
By
Approved by Ma . Date Approve _ Submission to Council
By ' BY
WHITE - CITY CLERK t (�(�����
PINK �- FINANCE COUI1C11 Jh
BLUERY -jviAYORTMENT GITY OF SAINT PAUL File NO. /�r'v
� ouncil Resolution
� I -
Presented By
Referred To Committee: Date
Out of Committee By Date
PAGE 2
First fdational Bank of St. Paul APR-JUNE 1973 $ 188.00
lOg E. Fourth St. 55101
Gittette Co. APR 1973 $ 4g0.49
Fifth @ Broadway 55101
Theodore Namm Co. APR 1973 $42,�08.08
720 Payne Ave. 55102
COUNCILMEN Requested by Department of:
Yeas Butler Nays
I�n�et- � Public Works
Konopatzki In Favor
Levine
Meredith Against BY `
� Roedler Daniel J. Du ord Sewers
Tedesco
Mme.President BRtiEr
JUL 10 19� Form Approved by ity ttor
Adopted by Council: Date
Certified Passed by Council Secretary BY I
By
Approve , r: Date Q �g� Approved by Mayor for Submission to Council
By BY
lUBLISHED JUL 14 i973
' �`���
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.M.
CITY OF SAINT PAUL
Capital of Minnesota
DEPARTMENT OF PUBLIC WORKS
234 Cify Hall & Court House 55102
DAfdIEL J. DUiJFORD
Di rector of Publ i c IJorks
June 25, 19�3
Honorable Lawrence C�. Cohen
;layor of St. Paul
Room 367
City Nall
Dea r (layo r Coh en:
Please submit attached proposed resolution to the Council for action.
Attached Board of 4Jater Commissioners ' Resolution dated June 25, 1373,
should also be submitted as verification of their approval .
Yours very truly,
(�6/i�"L j��'
Dan i el J. D�Ifford
D i recto r of Pub 1 i c 4dorks
HWJ/WLT/bp
Attachment
� CITY OF ST. PAUL No._ ��
—��
t OFFICE OF THE BC?ARD OF WATER COMMISSIONERS ��
RESOLUTION—GENERAL FORM
PRESENTED BY
COMMISSIONER � pq'TF � ��! 14?3
�i�� �i�r '�1i � 4� ��r�` �M� ��'i� f��'O�f� '��
]�walaMAAa1�3oD oi �i�l�ard ,A. 8e3�r, I�ii�' �d�x�, D��tr"ti�►t r�t Tm►31� i�kux'lts�
�a 11�1 1•�t� at �u 24, 1973 to tAe DoNUrd� �at t1�12 ox� �as��al r�!'�qds at pald
�enr�ar �r�r1e� 6hax��p b� �ra�►t�al a�► 3,3atrd 3ss Lh� lstt.�ar j ra�d r��t�irds to bs aird*
t�ma f�hs *l�s�+r� Sor�►�isi 11u�d".
Water Commissioners
Adopted by the Board of Water Commissioners
Yeas Nays
D�ttli�'
'�iC� PrlaS.doett ll�rwLit� — d�A� �� 196-��
In favor � Opposecl � � � '�
O ASST. SECY.
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f ii,
nnH� z5sa (�oa2) LEASE NO.H. 2032
' '' r S.P. 6280 (35Fr390) 04 *90-457
,,
PARCEl.�VO, ln3 10�A 1(l4 � 105
LEASE
THIS LEASE,made this 18thday of J�e , 19 73,at St.Paul,Minnesota, by and be-
tween the State of Minnesota,Department of Highways, Lessor,AND City of St. Psul
Lessee,of_ St. Paul, MiAn.
Mai1To: 286 City Hall, St. Paul, Minn. 55102
WITNESSETH
That the Lessor, in consideration of the payment of the rent hereinafter specified to be paid by the Lessee,
and the covenants and agreements herein contained, does hereby iease, demise and let unto Lessee that certain pro-
perty in the County of R$�eY , State of Minnesota, the address of which is
West side of 35E between Gran�te & Cayuga Streets
Type of Property: Vacant land
Le al Description:
A1� of Lot 14, Block 1, Edmund Rice's Second Addition to the City of St. Paul,
according to the plat thereof now on file and of record in the Office of the
Regis.ter of Deeds in and for Ramsey County.
All those parts of the following described tracts lying westerly of a line 28 feet dis-
tant westerly of and parallel to the center line of the west frontage road to TH 35E
known as L'Orient Street:
Lot 15, Block 1, Edmund Rice's Second Addition to the City of St. Paul, according
to the plat thereof now on file and of record in the office of the Register of Deeds
in and for Ramsey County, Lot 23 and that part of Lot 22, Auditor's Subdivision No.8,
St.Paul, Minnesota, according to the plat thereof now on file and of record in the
office of the Register of Deeds in and for Ramsey County, lying east of the northerly
extension of the west line of Lot 14, of B1ock 1, of Edmund Rice's Second Addition to
the City of St. Paul;
including improvements, if any, for the term of ��lve (12) months, commencing on the lst day of
May , 19 73, and ending on the30th day of A ril
P , 19 74, with the
right of termination in both Lessor and Lessee as hereinafter set forth, at the total rental of $ 1.00
payable to the "State of Minnesota, Department of Highways", in lawful money of the United States,�tcc�mntct�dx�
�eat�3nf�c , �Fi�c�PG���iF� �aW�[&r�C1[]e��tieYet�xx0�7¢Ia��XOcet�Cexcepting
that receipt is heraby acknowledged by the Lessor of the sum of $ 1.00 from the Lessee, in payment for
�'�4�1��2G�ental under this lease. All rental payments shall be delivered to the Department of Highways,
Office of Financial Administration, at the State Highway Building, Room 305, St. Paul, Minnesota 55155.
The herein described property is not, at this date, being used for State highway purposes.
Lessee hereby covenants and agrees as follows:
(1) To use the property for the following purposes only; Playground
(2) To pay Lessor said rent as hereinabove provided, and in addition thereto, to pay, when due, all water, elec-
tric, gas and other lighting, heating and power rents and charges accruing and payable in connection with said property
during the term of this lease; and at all times during the term of this lease, the Lessor shall have the right, by itself, its
agents and employees, to enter into and upon the leased premises during reasonable business hours for the purpose of
examining and inspecting the same, also to allow to have placed upon said premises, at all times, notice of ""For Sale"�
and to allow prospective bidders on the buildings on said premises to enter and inspect the same during said reasonable
business hours.
(3) This lease shall be subject to cancellation and termination by either party at any time during the term hereof
by giving the other party notice in writing at least sixty (60) days next prior to the date when such termination shall be-
come effective. In the event of such termination any unearned rental paid by the Lessee shall be returned to Lessee.
(4) All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed
to have been fully given when served personally on Lessor or Lessee, or when made in writing and deposited in the United
States mail, certified and postage prepaid, and addressed as follows: To the Lessee at address above stated and to Le�or,
Department of Highways, at State Highway Building, St. Paul, Minnesota. The address to which the notices shall or may
be mailed as aforesaid to either party shall or may be changed by written not�ce given by such party to the other, as here-
inbefore provided, but nothing herein contained shall preclude the giving of any such notice by personal service.
(5) Not to assign or sublet this lease, and not to make or suffer any alteration to be made in or on said property,
without the written consent of the Lessor.
��,.
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S� t e
�. �-�+ � (6) It is specifically agreed and understood that Lessee shall not call on Lessor to make any improvements or re-
pairs on said property of any nature whatsoever, but Lessee hereby specifically covenants and agrees to keeq the same in
`good order and condition at his own cost and expense.
(7) To allow Lessor, its agents and employees, to enter into and upon the leased premises during reasonable
business hours for the purpose of surveying and testing the soil by usual methods.
(8) To pay Lessor all costs and expenses, including attorney's fees in a reasonable sum in any action brought by
Lessor to recover any rent due and unpaid hereunder, or for the breach of any of the covenan�s or agreements co�tained '
in this iease, or to recover possession of said property, whether such action progresses'to judgment or not.
(9) If any rent shall be due and unpaid, or if default shall be made in any of the covenants or agreements on
the part of the Lessee contained in this lease, Lessor may, at its option, at any time after such default or breach, and
without any demand on or notice to Lessee or to any other person, of any kind whatsoever, re-enter and take possession
of said property and remove all persons therefrom, and Lessee waives any legal remedy to defeat Lessor�s right of
possession hereunder.
(10) At the expiration of said term, or any sooner termination of this lease, to quit and surrender possession of
said property and its appurtenances, to Lessor in as good order and condition as the property was delivered to the undQr-
signed Lessee, reasonable wear and tear and damage by the elements and other casualties excepted.
(11) Lessee shall keep said pro�erty insured in the amount of $ -- against fire and extended
coverage, and the Lessee will make no claim of any nature against Lessor by reason of any damage to said property in
the event same is damaged or destroyed by any cause whatsoever. Such policy shall name the Lessee "�as named insured,
Lessee�� and an endorsement attached naming Lessor as sole Payee, in the event of a loss.
(12) The �Lessee indemnifies, saves and holds harmless the State of Minnesota and any agents or employees there-
of from all claims, demands, actions or causes of action of whatsoever nature or character, including but not limited to
negligence on the part of the State of Minnesota, its agents or employees, arising out of or by reason of the lease of the
herein described premises by the Lessor to the Lessee.
(13) Should the Lessee hold over after the expiration of the term of this lease with the consent of the Lessor,
express or implied, said tenancy shall be deemed to be a tenancy only from month to month, subject otherwise to all of
the terms and conditions of this lease so far as applicable.
(14) In the event there is any prior existing lease or rental agreement between Lessee and State (or its predecessor
in interest) covering the subject property, it is agreed and understood that this lease shall cancel and terminate said prior
lease or rental agreement as of the effective date of this lease. .
�
(15) The property described herein may be used for any of the purposes stated in Paragraph 1 above; however,
it is the sole and exclusive responsibility of the Lessee in the use of the property to comply with any and all laws, rules,
regulations or ordinances imposed by any jurisdiction affecting the use to which the property is proposed to be put. In-
ability or failure on the part of the Lessee to comply with any of said laws, rules, regulations or ordinances will not
relieve the Lessee of the obligation to pay the rental provided herein.
(16) In the event this lease is terminated in accordance with Paragraph 3 herein, the rent shall be prorated as of
the date of actual termination or vacation whichever is the later.
�17) The Lessee shall be required to maintain a policy of comprehensive general public liability insurance cover-
ing the property herein during the term of the lease in the following amounts
Minimum Coverage per person per occurrence $ Self Insure�
Minimum Coverage per occurrence ' $ Self InsLred
Prior to execution of this lease the Lessee shall furnish a certificate of insurance to the Department of Highways,State of
Minnesota,as proof of such coverage. Such insurance coverage policy shall be equal to or better than a Comprehensive Per-
sonal Liability;Owners, Landlords and tenan#s Liability, Manufacturers and Contractors Liability and Comprehensive General
Liability Policies,consistent with the risk involved,specimens of which are on file in the office of the Commissioner of High-
ways,State of Minnesota, Right of Way Division, Room 509,State Highway Building,St. Paul,Minnesota 55155.
Anything herein contained to the contrary notwithstanding,this lease may be terminated,and the provisions of this
lease may be, in writing,altered,changed or amended by mutual con5ent of the parties hereto. -
IN WtTNESS WHEREOF, the parties hereto have set their hands and seals the day and year in this lease first
above written.
In the presence of: CITY OF ST. PAUL
LESSEE
�. BY
TITLE
BY
TITLE
APPROVED BY STATE OF MINNESOTA
STATE AUDITOR: Department of Highways
COMMISSIONER OF HIGHWAYS
' BY
Director dF Righc of Vrlay Operations
L ESSO R
Approved as to form and execution �
this day of , 19 . Approved on , 19_
_Attorney General Commissioner of Administration
BY
Special Assistant Attorney General Director of Land Division
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