255153 OR161NAL TO CITY CL6RK CITY OF ST. PAUL COUNCIL �5�153
� OFFICE OF THE CITY CLERK FILE NO.
C CIL RESOLUTION—GENERAL FORM
PRESENTED BY
COMMISSIONE AT�
WHEREAS, the City of Sa�nt Pau1 has a qualified Fee Tit1e
in real property descrtbed as foilows:
That part af the tand bounded by West Seventh
Street, Norfolk Avenue, and Edgecumbe Road,
as outlined in red on Exhibit A, being approx-
imately 14,650 square feet. Said Exhibit A is
attached hereto and incorporated as a part of
this lease.
; and
WHEREAS, said qualified Fee Title is vested in the State
of Minnesota; and
WHEREAS, Gannon's Inc. desires to lease said real estate;
and
WHEREAS, the State of Minnesota, City of Saint Paul and Gannon's,
Inc. have agreed to terms to be contained in sa9d lease, a copy of wh9ch
lease is attached hereto and made a part hereof by reference; now,
therefore, be jt
RESOLVED, that said Tease be and the same is hereby authorized
to be executed by the proper parties for the City of Satnt Paul.
AU 6 31971
COUNCILMEN Adopted by the Council 19—
Yeas Nays
Butier AU G 4 19�i�1
__�
P�� Appr e 19�
Levine �n Favor
.DZe•r�it�r
Sprafka , I Maqor
Tedesco � Aga'n�t - AUG i �� �
� �UBLISHED
Mr. President, McCarty
��
.�
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S.P. 6201 (�5=111) 901 Lease No. �
Parcei r+SA
LE �, SE '
TIiZS LEASE, made this day of � , 19 , at St. Paul,
Minnesota, by and between the State of Mir.nesota, Department of Highways, Lessor,
AND Gannon's Inc. , Lessee.
WITNESSETH
T'hat the I,essor, " in consideration of th.e payment of the rent hereinafter
specified to be paid by the Lessee, and the covenants and agreements herein
r_or�tained, does he�eby lease, demise and let unto Lessee that certain' propert_�
in the G�unty of Ramsey, State of Minnesota, descriUed as follows:
T�2at part of the land liounded t�y West Seventh
Street, Norfolk Avenue, and Edgecumbe Road,
as outlined in red on Exhibit A, �eing
approxinately 14,650 square feet. Said.
Exhibit A is attached hereto and inccrporated --
as a part of this lease.
The teru� of ti:is lease shall be five (5) years, cor�m�encing on the
day of , 1971, and ending on the day of ,
1976, with the right of termination in both Lessor and Lessee as hereinafter
� set. fartl�, at �he total rental of $6,OOJ.CJ pay4b�e i:o the "State of riinnes�tc?s
Depart-ment of Highways", in lawful money of the UnitPd States, in yearly
installments of $J..y200.00, iii advance, on the f_irst day of each and every yea�-
tixereafter; exceptir.g that receipt is hereby acknowl.edged by the "t,essor of the
sum of $1,200.00 from the Lessee, in payment ior the rent for th.e first yea.r
under. this lease. A1.1 rental payments shall be delivered ta the Depa�tment o_'
Higlzwa5�s, Cffzce o.= Right of Way Operationss at the Sta+�e Nighw�y Building, �.`:.
�'aul, riinnes�ta, �5101. ' �
7'he 7 essee sha7_1 have the option af re..le�a_ing th�s le�se �or one t.erm of
five yF���rs L-y giv�n€ the LE.'SSOf wr�tten nurice n�t :��t�:: tii���� 90 day�. r,rio.• t_o
the expiru�1G11 �iier�of. T'he reri_al fo� such ac3di_r:_c�.1�l Lerin stzall. be $b,0()�i.CO,
pa�able u.poi� ��le Sdll7P_ �ez-r.is as f:or ci�;� �?r:;.iaary fi:c�rcn izei-t�at.
Fage Z c,£ 6 k'a�;�s, . .
�-�,: :�:•"" .. . �_.yT r� ,. ... ..•y � • � • �� `.:�,;:ti..a...�.:�:rxssd�7.:mev.::xuz:�ss:t�u:.��`�,'7ItG`ts"��;ia"�«.«a�`t:v4�Y�rr;2.367i�*f;�..a:'..,..�,,..,,�..w, ._ . ..,..W.L va
�+�.�-.���,�.�,_ - a� 'sf vv�uH..�i.tt.'r'.�.a4h:-.'.'3u� "-�`.'-�=.eC.:_:u:aas.f s�Lt...L:.�t.'Mae. .. .
I
LESSOR AND LESSEE HEREBY COVENANT AND AGRE� AS i�OLLOWS:
(1) The leased premises sha11 be used as a parking lot for au*omobiles
only. �
(2) The. Lessee's use of the leased propertp shal.l not impair or interfere
with the use or safety of the adjacent street or highway faczlities.
(3) The Lessee, for itself and its successors in interest, as a part of
the consideration hereof, does hereby covenant .3nd agree, that it will not
discriminate on the ground of race, color or national origin against any per�on
in their access to and use of the facilities and services so constructed,
. maintained or otherwise operated, and that the Lessee shalz main*ain and
operate such facilities and services in complia�ice with all requirements
imposed pursuant to Title 15, Code of Fede.ral P.egulations, Commerce and Foreign
� T.rade, Subtitle A. Office of the Secretary of C��mmerce, Part 8 (15 C.F.R.
Part 8) and as said regulations 'may be amended. That in the event of breach
of any of the above nondiscriminatory covenants, the Lessor shall have the
ri.ght to terminate the lease and r�--enter and repossess said land �r.d the
facilities thereoii and hold the same as if said lease had never been made or
. issued. '
(4) Arrangement of automobiles shall be as shown on Exhibit A.
� (5) It is ur..derstood by the Lessor and th�� Lessee and by the City of St.
Paul that thirty ��ercent (30%) of rental paymen�s received by the Lessor shall
be €orwarded to tY,.e local taxing authority purs.iant to Mi.nnesota Sta.tutes, 1969, �
' Section 272.68.
(6) The Lessee shall, at its own expense, construct the parking facility
and entrances in accordance with the attached plan, Exhibit A.
(1� �::� 7esSAF' sl�al�, at its own expense, maintain the Ieased premises.
(8) The Lessee shall, at its own expense, at the expir�.tion or sooner
. . . - ' x
termination of this lease, remove the parking facility and restare the pr�mises
ta a condition existirg at tne beginning of this lease.
(9) Structures, of wh�tever nature, shall not be placed or constructed
upon the leased premises.
Page 2 of 6 Pa�;es. - �
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�(10) AI1 construction, maini.enance, and removal performed by the Lessee
shall be sub�ect to inspection and approval by the Lessor and by the City of
St. Paul. In the event any work �r �aterial is rejected as defective, such
work or materiaZ shall be removed and reFlaced to the approval af both the
Lessor and the City of St. Paul. The cost of all removal and replacement worlc
required under this paragrapli shall be paid by the Lessee.
(11) The Lessee shali maintain the existing chain link fence and shall, at
the expiration or sooner termination of this lease, repair or replace any section
of fence damaged by construction, operation, or removal of the parking facility.
� (12) Prior to the execution of this lease by the Lessor, the Lessee shall
� submit to Lessor a performance bond� in the sum of $10,000.00, executed by the
Lessee and his surety and guaranteeing complianc:e with the texms of this lease,
including hut not Iimited to removal of the. par;:ing facility, removal of entrances,
replacement of curbing, sodding,•and repair of ��ny damaged fencing. . �
- (13) The Lessee shall not store �or permit the storage of any materials on
� the premises except the temporary storage of automobiles consistent with the use
�f the premises fr,r parking let purposes.
� (14) The Lessee shall not burn or permit tne burning of any material on
the premises or permit any use which would create a fire hazard,
(15) The Lessee shall be required to maintain a �olicy of comprehensive
�eneral public liaUility insurance cavering the property herein during the term
of the lease in tl�e following amounts: '
� . Minimum coverage per person per occurrence. .$100,�00.00
. • Minimum coverage per occurrence . . . . . . .$300,000.00
Prior to execution. of this lease the L'essee� shall furnish a certificate af insur-
ance to the Department of Highways, Stata of Minnesota, as proof of such coverage.
Such insurance coverage policy shall be equal �o or better than a Comprehensave
Personal Liability; O�aners, Landlords and Tenants Liability, t�lanufacturers and '
Contractors Liability and Comprehensive General Liability Policies, consistent
with the risk involveds specimens of which are or� file in the office of the Com-
missioner of Highwaysg State of r:innesota, Right of Way Division, Room 511,
State Highway Building, St. Paul, Minnesota 55101. ` �
Page 3 of 6 Pages.
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c�v.d.b.,..,�.>.....a+ �ev.ui._ .�...W._. m�s....a.cYi�var,...aw�LL..E�L,,. ._.LU�m - s...c.+�.«I.u..n-�i.r�t�.'.�'.._�� - ,.vrea4�ta `"'.`�JaN����:a'.k.:,.,. tsr.�.,.Y.aJ'.uf_.....v.r.h n.
(16) Lessee agrees to not assign or sublet ttiis lease, and to not make or
suffer an.y alteration to be made in or on said property, without the written
consent of the Lessor. �
(17) Lessee' will pay Lessor said rent as hereinabove provided, and in addi-
tion thereto, wi11 pay, cahen due, electric and power rents and charges aceruing
and payable in connection with said property, if any, during the term of this
lease; and at all '=imes during the term of this lease, the Lessor shall fiave �he
right, by itself, its agents and employee�, to enter into and upon the leased
premises for the purpose of examining and inspecting the same, and for the pur-
pose af inspection, mainte ance, repair or reconstruction of the adjacent street
or high�oay facilit.ies or other related matters pertaining to safety and healt]i
of the generaZ pubLic. The Lessor shall not be responsible or liable f.or a.ny
damage to or inter:=erence with the improvements to, or operations conducted o�i
the Iea�ed premises by reason of any examination, inspection, maintenance (in--
cluding sno�v and ice removal) , repair, construction or reconstruction of the
adjacent street or highway facilities.
(18) Al1 notices herein provided to be gi�Jen, or which may be given, by
either party to the other, shall be deeme�d to have been fully given when served
personally on Lessor or Lessee, or when made in writing and deposited in the 1Jnited
St2tes mail, certified and postage prepaid, and addressed as follows: To the
Lessee at 2728 W. Seventh Street, St. Paul, Minr.esota 55116; To the Lessor a:
State Highway Building, Office of Right of Way C�perations, St. Paul, Minnesota
55101.• The address to which the notices shall be mailed as aforesaid to either
party shall or may be changed by written notice given by such party to the otlier,
as hereinbe�ore provided, but nothing herein contained shall .preclude the giving '
of any such notice by personal service.
(19) To p�y Lessor ai.I cos�s ar.d eygens�s, i:�cl�:ding �tt�rney`s fees in a
. �
r.easonable su�n in any action brought by ,Lessor to recover any rent due and unpaid
hexeunder, or for the breach of any of thE covenants or agreements contained in
this lease, or to recover possession af said properi�y, whether such action
progresses to judgment or not.
Page 4 of 6 Pages. - �
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�:.::.o.�rd4•3iiai:.raV...�.. ..�:Lea.c.s..�� ' �....eii�..r.:�.:.. .....�.....':..1.L.�LQ+Ci;n.w��.. . �'_.::.�.1.ka����'.L.aa.,e..r..,.«.,.:_�a�.1Ai`::f'.f'ws.'�.w.� ;�.....+.r.w..+vl:uCb.�.�w.r+:::, _ �vr..��.._ �. a�.
1
(20) The Lessee indemniiies, saves and holds ham�less the State of Minne-
sota, Department of Highways, and any agents or em�loyees thereof, from all
�Iaims, demands, actions nr causes of action of whatsoever nature or character,
�
arising out of or by reason of the hereir. described prer�ises by the Lessor to the
Lessee. � �
(21) Should the �Lessee hold over after the expiration of the term of this
lease with the cor!sent of the Lessor, express or. implied, said tenancy shall be
deemed to be a tenancy only from month to month.; subject otherwise to alI of
the terr.►s and condiLions of this lease so far as applicable.
. . (22) The property described herein may be used only for the purposes stated
in paragraph one above. It is the sole a-nd exc�usive 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 affect:ing the use to which the property
is proposed tc bE put. Inabili�y or failure on the part of t�e Lessee to comply
with any of said laws, rules,. regulations or ordinances wi�l not relieve the
Lessee of the obligation to pay the rental provided herein.
(23) 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 a£ter such default or breach, and
without any demand on or notice of Lessee or to any other person, of any kind
whatsoever, re-en.ter and take possession of sai:i property and remove all pers�ns
and property therefrom, and L�ssee waives any lf�gal remedy to defeat Lessor's '
� , right of possession hereunder.
(24) This lease may be terminated bq either party at any time during the
term he-re�f by giving the other party written notice at least 60 days next prior
to the date when such termination shall became effeetive. In the event of such
termir.ation, the rent shal]. be prorated as of t1e date of a��sal termination or ,
, _ . i
vacation, whichever is the iater, and any unearned rent p�i.d by the Lessee shall
be returned to the Lessee.
Page 5 of 6 Pages. " .
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IN WITNESS WHEREOF, the parti�s hereto have set their hands and seals the
day and year in this lease first above written. �
' GANNON'S INC.
Approved as to form: By �
Warren Spannaus, Attorney General
Its
By
Special Assistan� Attorney General By �
. Its .
• Lessee
Approved on , 1971 Approved on , 1971
STATE EXECUTIVE COUNCIL CITY OF ST. PAUL
By - sy -
�Executive Secretary
• Its �
. v . By .
F�R� P�
nsel Its
ASS
G r ca �
STATE OF MINAtESOTA
� DEPARTMENT OF HIGHWAYS
Commissioner of Highways
By .
, R. G. Brennan, Director
� � Right of Way Operations
� Lessor
Approved as to exe�:ution: Approved on � , 19_r
Waxren Spannaus, Attorney General Cotnmissioner of Administration
. �
By By
Special Assistant Attorney General Director of Property Management
� Page 6 of 6 Pages. . '
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