256920 ORIOINAL TO CITY CL<RK •- ���
' CITY OF ST. PAUL �LE N�� NO.
'`- OFFICE OF THE CITY CLERK
" � OUN R O UTION—GENERAL FORM
PRESENTED BY
COMMISSIONE � AT�
RESOLVED, That the Council of the City of Saint Paul
does hereby approve Lease Agreement between the City and
East Metropolitan Day Activity Center Council, Inc. , lessee,
whereby the City rents Fire Station No. 24 located at East Seventh
and Flandrau Streets, for a term of two years, in consideration of
the lessee making improvements to the premises at its own expense,
for the sum of $1.00 annual rent, and said lessee shall operate
a work activity center for �entally retarded adults in cooperation
with the Occupational Training Center and Merrick Day Activity
Center; and be it
FURTHER RESOLVED, That the Mayor, Commissioner of Public
Safety, City Clerk, and Comptroller are hereby authorized to
execute said I,ease algreement on behalf of the City of Saint Paul.
fORM A D
� • 'on nsei
.�EC 3 p 1971
COUNCILMEN Adopted by the Counc 19—
Y� xaqs DEC 3 0 197�
Butler
�a Conway Appr 19_
Levine
Favor
Meredith
Sprafka � or
Tedesco Against $ � 72
PUBLISHED JAN
Mr. Preaident, McCarty
���
� aegt. 9: 197Z
N;s°. 37�rcie� 1�. li).as
Corpa���.tian �aur��21
.�uiicTi27�
t�'�'S�Y� �;;.1.': '
`i�Y�; �ouraay:i. �°c:�c��t� -4�:�,t yQU pre�a.r� �r� a,�;s�eer�ent f'or
Counc�`i �a�if:�catio� le�.�in� tlie prernises �nowari as Fir�
��a-�ar�� �om �� a� the ;�out�e�st c:crner o�' .E. :�ev�nth
and r1�.,Ydrau �;�s� to ��ae i;�s� P�.etra?aol.i�r�n �7ay �c�ti�p3.�y
lr�7X�E.'� LQLtT'dC�.l.' �I].r'.• .
V�'2"�f �"121.� �OUY'8�
��.�� G�..�3'�.
Ao/��
! • . • a . . �}i'.n.. ..
♦ /����'�/
v o
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this day
of , 1971, by and between the City of
Saint Paul, a municipal corporation of the State of Minnesota,
hereinafter referred to as "Lessor" , and East Metropalitan Day
Activity Center Council, Inc. , hereinafter referred to as "Lessee" ,
WITNESSETH:
1. Lessor, tor the consideration hereinafter set forth,
does hereby let unto Lessee certain land and building identified
as Fire Station No. 24 located at the Southeast corner of East
Seventh Street and Flandrau Street, Saint Paul, Minnesota, for a
term of two (2) years commencing on the lst day of December, 1971,
and terminating on the 3ath day of November, 1973.
2. As consideration for the use of the demised premises,
I,essee shall pay the sum of On� Dollar ($1.00) annually, shall at
its own expense remodel, decorate and furnish the building, and at
the expiration of this lease, all such improvements made by Lessee
shall become the praperty of Lessor.
3. Lessee shal'1 have the use of the demised premises during
the term of this lease only for the purpose of operating a work
activity center for mentally retarded adults in cooperation with �he
Occupational Training Center and Merrick Day Activity Center. Lessee
will be responsibl� for obtaining and administering federal, state
and local grant manies from ap�xopriate agencies to bring the c��mised
premises into conformity with jafety standards and to finance the
�
�.. .. �.
,
, .. t
. � p��,;
_..._ _ ' • . _ �:
. • • ,
.
staff, equipment and nther necessary expenses for the program.
Lessee will furnish Lessor with copies of pxogress and other
reports made to the various agencies and keep Lessor informed
of all developments. Lessee shall not create nor maintain a
nuisance, as defined by law, on the demised premises.
� 4. �he Lessee, in addition to the above-stipulated rental,
shall promptly pay, when due, all taxes, general or speci.al, and
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 texm 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 condition. Nothing herein
shall prohibit Lessee from reasonably contesting the levy of any
such tax.
5. 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 �f not less than One Hundred Thousand
Dollars ($100, 000.00) per person for injuries, in�luding accidental
death, and subject to the same limitations for each person in an
amount o� not less than T'hree Hundred Thousand Dollars ($300,000.00)
2
, �. .
, . . ,�^ � �� �,
. . ...
R.w
• , �"m .
� • . �
♦
on account of any single accident or incident, and further include
coverage for property damage in an amount not less than T'hree
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 shaZl be given to the
• City before said insurance is changed or cancelled. Copies of said
insurance policies or certificates shall be filed with the City
Comptroller.
Lessee further agrees to obtain and maintain during the term
of this lease agreement fire and extended coverage insurance on
the building, premises, contents and fixtures contained on the
demised premises with an insurance company authorized to do business
in the State of Minnesota, and Lessee shall file a copy of such
insurance policy with Lessor.
6. Lessee does hereby expressly agree and undertake to fully
indemnify, hold haxmless and defend the City of Saint Paul, its
agents, officers and employees from 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.
7. �he Lessee agrees to promptly pay all rates and charges
which may become due and payable for water, gas, electric current,
sewer rental, steam, telephone or oth er services provided for the
d�mis�d premis�s uurin� the f�:l? tern� of t;ii� lease.
8. The Lessee shall keep the premises in good order and the
exterior of the building free trom all refuse, shall keep the side-
walks free from snow, ice and all obstructions, and shall promptly
and reasonably remove all ashes, garbage and refuse of any kind
3
� l„
�
. ��'„ .
.
from the premises during said term, taking into consideration the
purposes for which this lease is made. The lessee shall not commit
waste of any kind to the demised premises during said term.
9. 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 complied with its
obligations hereunder in respect to the care and maintenance and
use of the premises and the repair or rebuilding of the improvements
thereon when necessary.
10. 1'he Lessee shall not erect, affix or display any sign on
the exterior of said premises without, in each instance, first
securing the written consent of the Commissioner of Finance.
11. �'he 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 Gouncil 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 vQid, and shall, at the option of the Lessor, terminate this
lease. 2'his 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. `
i2. In tl�� event this leas� agr�ement or any part thereof is
deternnined by any court' s decision to be contrary to any existing
law, this lease agreement sh�ll 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
4 �
� ......:.
. . . . . . . . . 4 . . • . '� 9 . . . ' 4 ..
._.__._ . ' ' ' ��;,.
.
such termination, it is expressly agreed upon by and between the
parties hereto that Lessor shall in no way be li�ble for any
damages caused or incurred by Lessee. �
13. 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 domain, or (b) Lessee is deprived
of access to the leased premi.ses. In the event of such termination,
Lessee shall restore the premises in the manner and as provided
herein.
14. Lessee agrees to make all improvements to the demised
premises entirely at its own cost and expense, and all improvements �
shall be first approved by the Lessor and shall be done in strict
accordance with existing City ordinances ana State laws, and to the
satisfaction of the Lessor.
15. Upon termination of this lease agreement and upon request
of Lessor, Lessee expressly agrees, at its own cost, to remove all
improvements on the demised premises and to restore the d.emised prem-
ises to its original condition and to the reasonable satisfacta.on of
Lessor. Lessee shall maintain the insurance required herein until
the demised premises is so restored.
16. It is agreed between the parties that in case at any time
default shall be made by the Lessee in the performance of any of
the terms, conditions or covenants of said lease by said Lessee to
be performed and said default shall continue for a peri.od of �ten (10)
days after the service of written notice of such default by the Lessor
on the Lessee, then the Lessor may enter into and upon the demised
5
�
, . �µ
e �,b;*.
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. Z'he 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 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 a.t 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.
IN WITNESS WHEREOF, the Lessor has caused this lease to be
executed on its behalf by its Mayor, its Commissioner of Public Safety,
its Gity Clerk, and its City Comptroll�r, respectively, and the Lessee
has caused this lease to be executed on its behalf by its �
and its , as of the day and year first above written.
CITY OF SAINT PAJL
Approve as to F�m Mayor
Spe `r Assis�� or ration Commissioner of Public Safety
Counsel
City Clerk
Approved as to form and
execution this c3ay of Countersigned:
, 1971.
City Comptroller
Special Assistant Corporation ,
Counsel
6
� �
� . ` y�,��Y.�
6r
� I
. ^
EAST METROPOLITAN DAY ACTIVITY CENTER
In Presence of COUNCIL, INC. �
BY
Its
And
Its
7
��.
, ,.._.
, , . . - � .. ,
�r ��
J. WrLL)AM DONOVAN � � � 423_�� �
' Valua'rion Engineer
Ro'0 E. BREDAPiL, ��. ' C I T Y O F S A I N T PA U L
Ass't �I'luation Engineer BUREAU OF VALUATIONS
{
286 Cifiy Hall
Saint Paul, Minnesota 55102
���ss
September 8, 1971
The Honorable Mayor and Members
of the City Counci.l
City of Saint Faul
Gentlemen and Madam:
The City of Saint Pa.ul has received a request from the East Metropolita,n
Day Activity Center Council� Inc. (ENIDACC) to lease from the City� surplus
Fire Station No. 24 located at the Southeast corner of East Seventh and
Flandrau Street. The subject fi.re station was sched.uled for public sale
on July 29' 1971 but withdrawn f`rom the sale by the Council to allaw time
to consider the proposal submitted by ENIDACC. Disposition of the fire
station was referred to the City Land Co�nnmittee and the matter has now been
placed on Thursday morning's Council Agenda to afford ENIDACC the opportunity
to submit their proposal to the entire Council.
The plan or proposal submitted by E1�ACC is basical7y as follows:
I. The City of St. Paul wi11 l�ase Fire Station Buildi.ng at the
corner of Fla.ndrau and East!7th Streets to the East Metro-
politan Day Activity Center Council� Inc. (ENIDACC) for the
sum of $1.00 per y�ar for two years.
II. ENIDACC will in cooperation with the Occupational Trainin�
Center and Merrick Day r.ctivity Center for mental7,y retaxded
will utilize the buildir� for a Work Activity Center for
mentall.y retarded adults accordin� to the program description
enclosed.
III. ENIDACC will be responsib�e for obtaining and administering
federal, state and local grant money from appropriate agencies
to brin� the building into conformity with safety sta,ndards and to
finance the staff' equipment and other necessary expenses for
the program. The fair market value of the building's floor space
will be used as an in-kind contribution to match funds f�om state
and federal sources where necessary. The lease will certif� the
intent of the City to have this building used for the purpose of
in-kind local matching.
N. ENIDACC wi.11 furnish the City of St. Paul copies of pro�ress and
other reports made to the vaxious agencies and will ke�p the City
informed of a11 developments.
.
' �` a
. �
, •
+ -2-
V. ENIDACC will declare their firm intent to vacate the building
at the end of the two yeaxs �and wi11 either continue the
program at another site or drop the program depending on the
results obtai.ned durin� the two yeax pilot pro�ram.
The Land Co�nittee, in its deliberation on this matter, expressed a feeling
of concern about the possibility of establishing a precedent should the
im�►ed.iate request be granted. There is also the legal question as to whether
the City Council has the power to lease or rent its real property for the
proposed rent of $1.00 per year.
Respectfully submitted.,
�
,_. ��,),�'��__��,�-._---
° �j. William Donovan
� Secretaxy� Land Committee
JWD:dm