257127 ORIOINAL TO CITY CL6RK �J����
CITY OF ST. PAUL �LE NCIL NO. �
' — . OFFICE OF THE CITY CLERK
N R LUTIO —GENERAL FORM
PRESENTED 9Y
COMMISSIONE - ATF
RI��LY�, �ha� the Co�.n�il �f the City of �aint Pag]. dAe� her�bg apprc�ve
the bnsine�s l�ase a,� it pertains to 1110 North Da1e Street, 8aint Paul, Minnesota,
which prc�perty was acc,�ired by the �ity �'or Lo�b Ls�ke Pa,rk, and the proper City
of'fYcere axe hereby anthorized arid direeted to exect�te on behalf of the City the
said bassiness lease bet�reen the City and Chaxles C. Pogauski, a ecrpg oP aaid
b�.siness lease being attach�d h�reto and incorporated here3.n by referenee.
V�'�
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Go�n,e\
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J�►i� 2 0 '�72
COUNCILMEN Adopted by the Council 19—
Yeas Nays
Butler � JAN � 1 �9�_
r.,,,�—�-n'�-�.� pr
� - � Tn Favor
Meredith
�,/ yor
Sprafka -
Tedesco ABainst .��7�
puB� E� J AN � 9
Mr. President, McCarty
�O
�� -� ' ' `��'��fs1::�:4iA�-8]. ,(DL) e , y,,�
. . " . . ' � � Pro�ect Ao. T.oeb Lske
/>- " . .
, � Parcel (s) No.
• _ .. File No. 1? 20 ,
" � Lease No. 106
LEA SE ,G5d�2'�
By this lease made this � day of - . , �. � , 19 72 , by and bet�reen
the City of Saint Paul, Minnesota. :ereinzfter referred to as the�Lessor",) and
Charles C.Pd�anski �
�
�t
* a�n individu�.l doing business under the name of Dale Street Chiropractic Clinic
Hereinaftex referred to as the "Ter.ant" , �he Tenant is permitted the teaoorary use
of the pre�nises hereinaf`ter identi�ied while completing axrangements to vacate.
The Lessor� �or and in consideration of the covenants and agreements hereina.fter made
on the part of the Tenant, does hereby ?ease to the Tenant the premises in the City oi .
Saint Paul, County of Ramsey, State of Niinnesota� described as
LOt 15. BloCk 6� Como PY'OG�P(`t Additinn
ar_d having a street address of 1110 North Da1e Street. St. Paul, Minnesota
to be used solely for the purpose oi a chir�=ra�ti� �li�i�
To have aad to l�ld the same for tne term commencing on the lst day of ov er �
19__?1__, and e�?ring on the �p-�h day of November � 19 71
inclia.sive, and �rom month-te-mon�a tnere�.fter; provided, tha� tne Lessor or the Tenan;.
may terminate this le�se upon thirty (30) days written notice of term.ination to the
other. -
Tt is covenanted and agreed as follows:
ARTICLE 1. 'I^ze Tenant snall pay the i,essor atBureau of Valuations. 286 Citv Ha.11 ,
Saint �aul, Minnesota, as rent for said premises the swn of
o hundred te and no lOfl -=----------------------------------------------- Dollars
210.00 �er month in advance on ox beiore the £irst day of each month ana every
month during sai3 ter�. The Ter_ant sha1Z be entitled to a refund of the unused portion
of his rent should he move out prior to the end of the period through which the rent
has been paid. The Tenant musz surrender his key to an authorized employee of the
Lessor upon vacating the prer:iises. Tne Tenant shall be liable for a.nd shall pay a11
chaxges for utilities and�or services to the premises during the term as indicated in
Article No. 9 of �r,is lease. Should the Tenant fail to pay for su�h utilities and
services, when due, t::e I,essor shall have the right to pay same� the amount whereof
will be so �uch �ddi�ional rea� a.nd to be �ayable with the neyt installment of rent due.
The Tena.nt shall not �e responsible for payrsent of real property taxes charged against
the premises.
ARTICLE 2. The Ter_art having been in possession of the premises knows the condition
of sa.me, and �.dmits that no rearesentation as to the condition thereof has been made by
the Lessor wilich is not endorsed thereon, and agrees that the I,essor will zlot alter�
repair or improve sa.id pre.mises.
ARTICLE 3. The lessor and its Agents sh�,ll not be liable to the Tenant for arLy
dama�e or in�ury to th� Tena.nt or the '"e.�ani;'s property occasioned by the failure of
the Lessor to keep said premises ir. repair, nor sha.l.l the Lessor be liable for a�y
damage or injur� arisiu? from anf act, omission or ne�ligence o�' co-tenants or of o�her
persons, occupar,ts oi �re same bui�.ding or of adjoining buildings, or of the Lessor's •
agents, servar.�s rr eLiploS�ees, all claims for anysuch daraage or in�ury being hereby =
expressly wai��ed by the 'i e�ar.t. .
* Cross out inapplicable stater�ents
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� ' ARTiCLE 4 The Tenant shall not make alterations in, or 'a�lditions to the said
prtmises without the wxitten consent of the Lessor. The Tenant sha]1 keep said vremises-�
tegether with ad�oinin� areas, alleys and sidewalks, in a clean, safe and healthf�z].
eondition and all sidewalks in front of, �and along said premises shall be cleared of
ice and snow, and the Tenant shall comply with all Federal, State and Local Laws with
regard to the use and condition of the leased premises� at the Tenant's sole expense.
At the termination of this lease, the Tenant sha.11 surrender the premises to the
Lessor in substantially as good condition as when received, ordinary weax and damage
by fire, the elements or other cause beyon3 the control oP the Tenant excepted. �
ARTICLE 5. The Tenant does hereby release, discharge and agree to indemui�r, pro-
tect, defend and save harmlessthe Lessor and the City of Saint Paul, Minnesota from
liability for ar�y cost, d�snage, expense, injury, or other casualty to any person
whomsoever or property whatsoever cause3 by or axising out of the Tenant's use and
occupancy of said premises; and in addition, the Tenant shall f�u�nish a uublic liability
insurance policy to the Lessor as follaws: Bodily Injury Liability in the amount of
not less tha.n $�����.�p for each person and $3���•�1
for each occurrence, and Property Damage Liability in the a.mount of not less than
$ 15os�•� for each occurrence, naming the City of Sa.int Paul,
Minnesota as ce-insured. The Tenant need not fl�rnish such insurance if the Zessor
expressly waives the same in the space immzdiately following.
ARTICLE 6. The Tenant shall not allaw said premises to be occupied in whole, or
in part, by any other party, an3 sh�l]. not sublet the sa.me in whole or in paxt, nor
assign this lease without, in each case, the written consent of the Lessor; and the
Tenant shall not permit any transfer by operation of law of the Tenant's interest created
hereby. The Tenant shall not permit any mechanic's lien or encumbrances to be placed
upon the premises or any part thereof.
ARTICLE 7. The Lessor shall h�.ve the right without notice to sell, destroy, or
otherwise dispose of any �ersonal property left on the premises by the Tenant after he
has vacated or aban3oned the leased premises, or been evicted theref�om.
ARTICLE 8. The Tenant shall replace at his awn expense any glass broken on said
premises during the continuance of the lease. � ,
4 .
ARTICLE 9. The Tenant shall be responsible for the prompt payment of a11 charges
tor public utilities and ser�i-public or priva.te services such as water, fire sprinkler
fee, conserving and non-conserving air conditioner fees, gas, electricity, sewerage
disposal, refuse or ash removal, snow removal, grass or weed cutting a.nd any special
service, except, water, electricitY, and �as.
ARTICLE 10. The Lessor sha.11 flirnish to the Tenant, � for the term of the lease
�cx , heai �d�aa� When
necessary for the purposes for wnich said premises are leased; except when pre�rented
by strike, accident or other cause beyond control of the Lessor. The provisions of this
paragraph shall no-c apply unless in the space immediately fol].owing, the I,essee sha11
expressly agree to f�rni�h heat. The Lessor will furnish heat.
ARTICLE 11. The Tenant agrees to permit the Lessor or the I,essor's employees, agents
or contractors to enter said premises at a11 reasonable time to inspect them, or to make
repairs, alterations or ir,�provements or for ar�y such other purposes as may be deemed
necessary by the Lessor and to insert such tools, appliances and pipes as they may deem
necessary for the purpose of making said repairs, alterations or improvements, the Tenan�
hereby waiving any and all claims and demands for loss or da.mage, or diminution of rent
onaccount thereof, or on account of any obstruction to sidewalks, entrances or windaws.
Pa.ge 2 of 4
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ARTICI,E 12. The Tena.nt agrees that the Lessor will not be holdan or liable for
aay loss or da.mage which may be sustained by the Tena.nt or others by�ree,son of the
t�eezing, bursting, overflawin� or defect of arLy water, se�wer, gas or stea.m pipes,
closets or sinks, in or about said premises or f�om any premises overhead nor for ar�y
loss or damage which directly or indirectly may be sustained by wa.ter, sewer� or gas,
nor for the loss or damage caused by water, ice or snow f�o�n roofs, skylights, trap
doors or otherwise, nor �'or loss or dama�e by thereason of the present or flzture
condition of repair of said premises or for loss or damage axising from acts or amissions
of the Tenant or other Tenants or occupiers.
ARTICLE 13. Other provisions:
The lease and all covenants and agreements herein contained shall be binding upon and
inure to the respective heirs, ad�inistrat�rs, successors and assigns of all the
parties to this lease.
IN WITNESS WHEREOF, the parties hereto have executed this lease the day and year
first above written.
In Presence of CITY OF SAINT PAUL
BY
Mayor
. . � ' Com¢nissioner of
� .. . ,
� City Clerk
Countersi�ned:
;�ORM � f��''�E� .
' � City Comptro]1er
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1
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Page 3 of 4
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In Presence of � � ; /�
,;. �,� ��. ��/C
- .� � .�:�d-✓ Tenant .
�`' �
Tenant
STATE OF MINNESOTA ) . -
) ss.
COUNTY OF RAMSEY )
On this day of , 1970
before me, a notary publ.ic within and for said County, personally
appeared Charl�S�flBI���et�y, , Harry E.
Marshall, and , to me personally kno�•m, who, being each
by me duly scaorn, dic� say that they are respectively the hiayor,
the Commissioner of ,
the City Clerk, and the City Comptroller of the City of Saint Paul,
Minnesota, named in the forec�oing in�trum�nt, .and that the seal
affixed to said instruruent is the seal of the City of Saint Paul, .
� and that said instrument was sign�d and sealed in behalf of said
City of Saint Paul by authority granted pursuant to formal re5olution
of the Council of the Czty of Saint Paul, Council File Pio. ,
• passed and approv�d the day of , 1970, �.nd
the said giayor, Cor��,missioner of ,
City Clerk, and City Comptroller acY.no��ledged �aid instrument to be
the act and deed of said City of� Saint Paul, pursuant to said resolutioa.
4 . .
. Notary Public, Ramsey County, Minn.
My commission expires
STATE OF MINNESOTA ) .
) ss. .
COUNTY OF RAMSEY )
� /�7;d
On t�is ��_ day o£ �Q , �,
before me, a notary public ��ithin and tor said County, personally
a eared `
PP � �lr'i�r s �, �o s'�:.-�s�i .
to me known to b� the person described in, and who executed the
foregoing instrument, and acknowledged that he executed the same
, as /�; S free act and deed. �� .
� Notary Public, Ramsey County, Minn. .
� � � ' - � .
, My commission expires �
' RICHARD E FA�iEttg�,p�
` � �ry PubNC. R�mNY CountY� MM�n.
' �Y �t�iWo� �!S�Ot ZT.1973. ,
� .
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