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251565 ,�OR16I!{AL TO CITY CLHRK �5���J ' CITY OF ST. PAUL couNCi� " - OFFICE OF THE CITY CLERK �+�E NO. C UNCIL RESO TION—GENERAL FORM PRESENTED BY COMMISSIONE '� DATF WHEREAS, The Port Authority of the City of Saint Paul is the owner of a certain tract of land situa.ted in the County of Ramsey and State of Minnesota, known as the Southport Industrial District; and WHEREAS� The City of Saint Paul is desirous of leasing said tract of land for the storage of motor vehicles by the Department of Public Safety; and W�IEREAS, The Port Authority ha.s determined tha.t said lease would be in accordance with its general plan of industrial develop- ment; and WHEREAS� A lease has been prepared in which said tract of land is legally described on Exhibit A and ma.rked as Parcel C on Exhibit B; now, therefore, be it RESOLVED� By the Council of the City of Saint Paul, Tha.t the leasing of said tract of land for the storage of motor vehicles by the Department of Public Safety is approved, and the proper City officials are hereby authorized to execute said lease on beha.lf of the City of Saint Paul. ���� '�e � Q�� G°�� ��P,Q o������ �p ��� ��,. o�c � 6 i9�o COUNCILMEN Adopted by the Counci� 19_ Yeas Nays Butler ��� i � 1970 Carlson prove 19— Levine n Favor Meredith Sprafka (� A gainst �r-T�dEHCo �� Mr. Preaident, McCarty PUBLISHED D�C 1919?0 0 � � - � r . - /► v � « � E� � � ' �� �g a � S�r �..,_,,..__._�_ _ __ _ __ _ _ I�, L E A S E �=�'`�--�/,�i _— �� THIS LEASE, Made and executed this day of . , 1970, by and between PORT A l�I RITY OF T , a public corporation organized and existing under the - �rovisions of Minnesota Statutes, Chapter 458, hereinafter called 'Landlord" and CITY OF SAINT PAUL, a municipal corpora ion of the State of Minnesota, hereina.fter called "Tenant", � WITNESSETH: � I . Demised Premises - Term Landlord does hereby lease, demise and let unto Tenant and Tenant does hereby hire and' lease from La.ndlord that certain tract of land, situa.ted in the County of Ramsey and State of Minnesota, legally described on Exhibit A, attached hereto and made a part hereof, together with easements and appurtenances thereto, subject to existing encumbrances, and together with all buildings, struc- tures and improvements constructed and to be constructed on said tract of land, which premises are hereinafter called "Demised . Premises". TO HAVE AND TO HOLD THE SAME for a term, hereinafter called "Original Term", commencing on the lst .day of December, 1970, and ending on the lst day of December, 1980, unless sooner termina.ted as hereinafter provided, subject to all of the terms, covenants and conditions set forth herein and subject to Tenant' s right and option to extend said term as hereinafter provided in Article of this Lease. . ~ II. Rentals Tenant hereby agrees to pay to Landlord monthly in advance, beginning on the commencement date of this Lease, at Landlord' s office in the City of Saint Paul, Minnesota, or at such other place as La.ndlord ma.y from time to time designate in wr�.ting, and Land- lord hereby reserves from Tena.nt, rental in the aggregate amount of the following items : Rent Item No. 1: La.nd rental for the Demised Premises of $550.50 per month, payable in advance of each month of the Original Term. Rent Item No. 2: An amount computed as follows : The prin- cipal cost of Improvements, as defined in Paragraph IV of this Lease, plus 6% interest thereon; principal and interest to be - amortized over a term commencing at the completion of the authorized Improvement and running for the balance of the Original Term. III. - Use Tena.nt sha.11 have the right to use the Demised Premises as a facility for the storage of motor vehicles and a11 purposes re- lated or incidental to and usua.11y conducted in .connection with tha.t business. : Tenant agrees not to use or suffer to permit Demised Premises or any part thereof to be used for any pu�pose or use other tha.n herein provided or in violation of any laws, zoning ordina.nces or other ordina.nces, or of the regulation of any governmental author- ity, or in any manner tha.t will constitute a legal nuisance, or in any manner that will violate, suspend, void, or ma.ke inoperative any policy or policies of insurance of any kind whatsoever at any time carried on the Demised Premises . IV. Improvements . The Demised Premises are presently unimpm ved. La.ndlord agrees during the term of this Lease, upon the reasonably�request of Tena.nt, to construct such Improvements as are required to meet the needs of Tenant' s storage facility business, said Improvements to include fencing, lighting, surfacing, and the construction of an office facility, according to plans to be submitted to �and approved by Landlord. V. Indemnity La.ndlord shall not be liable to Tenant or to any other person or persons for or on account of any injury, death or dama.ge occasioned in, on or about the Demised Premises to persons or prop- erty of any nature or sort whatsoever, or wheresoever arising, or for or on account of any death or any injury to persons or property that ma.y result by reason of any future lack of repair of said 2. ` premises, or improvements thereon, or the wiring, equipment, furnishings, fixtures or apparatus therein or thereof, or by or from plumbing, gas, water, steam or other pipes or sewage, or by " or from the use, misuse, or nonuse of said premises or improvements thereon or any part thereof, or any equipment, furnishings or fix- " tures therein or apparatus thereof by any person lawfully or unlaw- fully upon said premises, or by or from any act, omission or neglect of any such person, or by or from the acts of tenants of adjoining or contiguous property, or in any ma.nner whatsoever growing out of the future condition or use of the Demised Premises or improvements or any part thereof. Tenant covena.nts and agrees to indemnify and hold La.ndlord harmless from and on account of any and all loss, dama.ge, claim of dama.ge, liability, expense, costs and counsel fees arising out of or resulting from or incurred in connection with the ma.tters or things hereinbefore specified, and from and against any and all dama.ge or liability arising from any accident or any occurrence causing injury or death to any person or property whomsoever or whatsoever and due directly or indirectly to the use,. misuse or nQnuse by Tenant or any of its agents, con- tractors, servants, employees or licensees or the condition of the Demised Premises or any part thereof, or any appurtenances or equip- ment thereof or therein, or arising out of any failure of Tenant in any respect to comply with any of the requirements or provisions of this Lease. Tena.nt shall at Tenant' s sole cost and expense, but for the mutual benefit of La.ndlord and Tenant, ma.intain reasonable and adequate general public liability insurance against claims for per- sonal injury, death or property damage occurring in, upon or about the Demised Premises, and on, in or about the streets, parking lots, sidewalks and passageways on and adjoining the Demised � Premises. The minimum limits of liability of such insurance shall ` be Five Hundred Thousand ($500,000.00) Dollars for inju (or death) to any one person, and One Million ($1,000,000.00� Dollars for injury (or death) to more than one person, and One Hundred Thousand ($100,000.00) Dollars with respect to damage to property. Tena.nt agrees to furnish Landlord with certificates evidencing such insurance written in companies acceptable to La.ndlord and including La.ndlord as a na.med insured on the policy. All such certificates � shall provide tha.t the insurance evidenced thereby wi11 not be cancelled by the insurer except on ten (10) days ' written notice to La.ndlord. VI. Taxes The Tenant agrees to pay, or cause to be paid, before pena.lty attaches, all taxes, excise taxes, assessments (whether general or - special), fees and other charges of whatsoever na.ture (whether 3. ; ordina:ry or extraordina.ry) , levied, assessed or imposed by Federal, State or local authorities on the Demised Premises or the ownership thereof or the rents received therefrom, which are due and payable during the Origina.l Term and all Extended Terms� if any, including , any taxes assessed as of January 2, 19 , even though such date ma.y be prior to the date of the execution of this Lease. If at any time any such taxes, assessments, fees and other charges due and payable during the Origina.l Term and all Extended Terms, if any, shall be levied by the State of Minnesota or any political subdivision thereof against the Landlord with respect to its in- terest in the Demised Premises, or rentals payable by the Tena.nt hereunder, the Tenant agrees to pay, or cause to be paid when due , any and all such taxes, assessments, fees and other charges . With respect to assessments for public improvements or benefits which, by law, are payable or at the option of the taxpayer may be paid in installments, the Tena.nt shall pay all such installments which become due and payable thereafter. Nothing contained in this Lease shall require the Tena.nt to pay any franchise, estate, inheritance, succession, capital levy or transfer tax of the Landlord, or any income, excess profits or revenue tax, payable by the Landlord, under this Lease, except to the extent hereina.bove provided. VII Insurance � . During the Original Term and all �xtended Terms , if any, Tenant shall keep �;he Demised Premises insured agai�lst all risl�s; � _ except �Iood, and against war damage (�ahen available) , for tlie full replacement value , in a co�upany or com��anies to be approved by Landlord, with loss payable �;o Laizdlord and Tez�ant as their iespective interest may appear. . Tenant shall pay pr. omptl3> when due all premiums on such in- surance . The original policies sI1a11 be delivered �;o and kept � and rei;ained by Landlord as addii�ional security for the covenants of Tenant l�erein, t,rith a certificate furnished for any. mortgagee or trustee under a bond issue . Before the e�piration o� any such policy of insurance , Tenanl; shall del�osit with Landlord a ne�a � Policy to replace the policy so e�piring, or a rider renewing �;he same . 4. VIII . Repairs and Maintenance Tenant shall at all times, and at its own expense� keep the Demised Premises and all roadways, yard, sidewalks, sewer and water lines and other improvements, even though not named herein, specifically, in good order, repair and condition, and repair all dama.ge done to the Demised Premises from whatever source or cause. Tena.nt shall ma.ke no alterations or improvements to the Demised Premises without obtaining the Landlord' s advance written consent, which consent sha.11 not be unreasonably withheld. Tenant agrees that any and all alterations or improvements under this clause are subject to Clause IV of this Lease. - IX. Utiliities Tena.nt agrees to pay for a11 utilities and other services used in, on or about the Demised Premises. during the Origina.l Term and all Extended Terms, if any, including but not being limited to electricity, 'water, sewer, gas, telephone, lighting, garbage and rubbish removal. X. Remedies If Tena.nt should fail to remedy and default in the payment of any sum due under this Lease for sixty (90) days after written notice specifying said default, or fails to keep or perform any of the other provisions, covena.nts or conditions of this Lease to be kept or performed by Tena.nt within a period of sixty (60) days after written notice to Tenant specifying such default, then and in either such event La.ndlord may at its option and without limit- ing Landlord in the exercise of any other right or remedy it may have on account of such default, and without any further demand or notice: - . a) Declare this Lease at an end, re-enter the Demised Premises with or without process of law, eject all - parties in possession thereof therefrom, and re- possess and enjoy said premises together wi�h all additions, alterations and improvements thereto. b) Cure any such default and charge the cost thereof as additiona.l rent to be paid forthwith by Tena.nt with interest thereon at the rate of six percent (6%) per annum. 5. The remedies of Landlord as hereina.bove provided are in ad- dition to and not exclusive of any other remedy of La.ndlord herein given or which may be permitted by law. Any re-entry as provided for herein shall be allowed by Tenant without hindrance, and La.nd- lord shall not be liable in damages for any such re-entry or be guilty of trespass . � XI. Notices All notices, dema.nds, consents or requests which ma.y be or are required to be given by either party to the other shall be in writing. � All notices, demands, consents or requests given by La.ndlord to Tenant sha11 be sent by United States registered or certified ma.il, postage prepaid, addressed to Tenant at the De- mised Pr-emises, Saint Paul, Minnesota, or such other place as Tenant ma.y designate by notice in writing at least ninety (90) days before the effective date of such change of address . All notices, demands, consents or requests by Tenant to La.ndlord shall be sent by United States registered or certified ma.il, postage prepaid, addressed to Landlord at 330 Minnesota Building, Fourth and Cedar, Saint Paul, Minnesota, or at such other place as La.ndlord may from time ta time designate in a written notice to Tenant at least ninety (90) days before the effective date of such change of address. Notices, demands, consents or requests served in the ma.nner hereinabove described sha11 be deemed sufficiently served or given at the time of the mailing .thereof. XII. . Assignment and Subletting This Lease shall not be assigned, nor shall the Demised Premises; or any part thereof, be sublet, used or occupied by any other per- son without Tenant first obtaining the written consent of Landlord thereto expressed in a resolution adopted by its Commissioners. A11 of the provisions of this Lease shall be binding upon every assignee, sublessee, user or occupant of said premises., or any part thereof, with or without the consent of Landlord, and Tenant here- under hereby� guarantees the performa.x�ce of a11 provisions of this Lease by any assignee, sublessee or occupant. XIII. Access The La.ndlord or its nominee or nominees shall at all times during usual business hours, have the right to enter upon said _ Demised Premises to inspect the same, to make reasonable and 6. necessary repairs thereon for the protection and preservation thereof, to make reasonable and necessary repairs �to any improve- ments in, on or about the Demised Premises, and to cure any defaults of the Tena.nt hereunder, but nothing herein shall be � construed to require the Landlord to ma.ke such repairs or to cure such defaults . La.ndlord or its nominee or nominees sha.11 have the right to enter upon the Demised Pr�mises at any time within the last two years of the Origina.l Term or any Extended Term, for the purpose of showing the same to prospective tena.nts thereof. XIV. Surrender of Premises Tenant shall , upon the expiration or earlier termination o� this Lease , surrender to Landlord the Demised Premises includiiig, i�*ithout limitation, all Uuildings , improvemeiits and �ix�;ures , e�- cept Tenant ' s movaUle trade fixtures and �urniture and equipment, - then upon the Demised Premises , in good condition and repair, reasonable wear aiid tear excepted; and all alteratiozzs , improve- men�;s and other additions �,Thich may be made or installed by or at tlie instance of either . party hereto or by any assignee or sub- tenant of the Tenant hereunder, to , in, upon or about ��Lhe Demised Preiiiises , excepi; Tenailt ' s �iiovable tr�de �ixtuies , furniture and equipn�ent , sliall Ue the property of i;he Landlord, and on any sucli e�piration oi terminatioii, shall be suireildered to Landlord by Tenant witliout any injury, dauiage or disturbance thereto or pay- - ment therefor. _ Aiovable tra.de fixtures , �urni{�ure and equipme�it installed in � the Demised Piemises or placed therein U�T� Tenant or any assignee or suUtei�ant thereoi' shall xiot be deemed to become a part of the Demised Premises and the sa�iie may Ue i emoved from tlie llemised Premises at or before the eapiration or termination of this Lease if it can be removed ivithout damage or injuiy to the Demised Pretnises and if Tenant be not then in dei'ault hereundei. . In the event that Tenant shall hold the Deuiised Premises after the expiration or terinination of this Lease laith the consen{� of Landlorci, e�.pressed or implied, but �aithou�L renet,�al as provided iii Article XIX liereo�, sueh holding over shall , in the ��bsence of ���ritten agieement on tile subject; , Ue deemed to have cieated a month-to-month tenailcy i;erminable on thir�Ly (30) days ' notice by eitller party �;o �;lie othei, at a montlzly ren�;al equal �(;o thai; here- in provided, and othert,•ise subject �o all of �Llie �i;er�us and prozTisions o� this Lease . 7. . � � � . �• . Renewal At the expiration of the Original Term and any Ex ended Term hereina.fter mentioned, this Lease may be renewed at the option of - the Tenant for an additiona.l Extended Term of years upon and subject to all of the terms, covena.nts and conditions ' ontained in . this Lease, provided that: �. a) �Tena.nt must give Landlord written notice at least one year prior to the expiration of any term of Tenant' s desire to renew this Lease for an Extended Term. b) Tena.nt must not be in default at the commencement of any Extended Term. c) This Lease shall not be renewable for more than two Extended Terms without the written consent of the La.nd lord. XVI. Renegotiation of Rent The amount specified as rent, however, shall be subject to cha.nge as of the first day following the Original Term, as follows: No later than 120 days prior to the expiration of the Original Term, duly authorized officers of La.ndlord and of Tenant shall meet and sha11 m.ake .reasonable efforts � to negotiate and to agree upon the amount which shall - be effective as rent during the succeeding Extended Term. XVII . General Provisions The captions o� the pa�°agraplls azid articles of this Lease are for conveniezzce only, and shall not be cousidered or referred to conce2iiing questioxls o� in-L-erpieta�;ions or construction. . The various rights , options , elections , po�aers and remedies of tlie Landlord coni;ained in this Lease shall be cons�rued as cwnulative , and no one of i;hem e�clusive of any otlier� or of any other legal or equi�;al.�le reniedy whicli Landlord might otherwise have in the event of breach or de�aul�; in the i;erms h�reoi , and �Lhe e�ercise of o�1e righi; or r. emedy by Landloi d shall �no�; in aiiy— wise impair its riglit to any o�;her right or remedy ian�;il all obliga�t;ions imposed upon Teilant have been fully performed. 8. � It is unders�ood and agreed that all of the provisions of � this Lease aie to be construed as covenants and agreements , as though tlie words importing such covenan�s and agreenients t��ere used in each separate provision hereof. It is fur�;her agreed that all of Tenant ' s covenants and agree�uents herein contaii2ed are condi- tions , and that the ,time o� the performance of each i� of the essence o� i�his Lease , and 'tliat the strict performance of each _ shall be a condition piecedent to the right of Tenant to remai�l � ii1 possessioxi of the premises or i;o have this Lease continue in effect. . The relationship between tile parties hereto shall , at all - times , Ue that of Landlord and Tenant and Tenant is �iot to be . deemed or . considered at any time as agent o� Landlord, nor in any sense a join�L adveilturer with Landlord. No waiver o� any default of Tenazlt hereunder sliall Ue im- plied froin axiy omission by Landlord to tal:e action on account o� such default if such def ault persis�;s or is repeated, and no ex- press wai�Jer shall affect tlie default otlier than the clefault speci�ied in the e�press waiver, anci that on13T for the time and to the exteni; tlierein stated.. One or more tieaivers of any co�Te- nant , term or condition of this Lease by Landlord s�iall not be construed as a waiver o� any subsequent breach of the same covenant , teriii or condition. The consent or approval by Landlord to oi of any act by Tenant requiring Landloi a ' s coiisent or appz oval shall not be deemed to �aaive or render unnecessary Lazldloid ' s consent or approval 1;0 oi of any, subsequent similai acts by Tenant . This Lease shall not be terminable for any reason b3T Tenant , except as expressly provicled for in this ins�;rument , jlithout limiting the generality o� the foregoing, and e�cept as expressly provided for in this instl�ument , damage to or des�;ruci;ion of axiy � port.ion or all of the buildings , struc�;ures an�. fi��;izres upon or tvhich are a part o� �;he Deniised Premises Uy fiie , i;lie elements or any other cause whatsoever, �ahether or not withou�; faull; on the par�; of Tenan-L , shall xlot ter�uinate this Lease or entitle Tenant to any abatement o� or reduci;ion in rent payable by Tenant here- under or otherwise af�ect the respective obliga�;ions of �;tie parties here�to , any present or �uture la�a to the contrary nots��iths�;anding. Furthermore , if not due to or caused �by the �rillful conduct of Landlord the use of tlie Demised Premises for any purpose shoulci at any time during the term of this Lease be prohibit�d Uy la�t� or ordixlance or o�;her goveiiimeni;al authori�;y, or preveiited by iiijunc- tion or other local inteiference by any private perso�i, firm or corporation, Tenant shall not be entitled Uy reason tl�ereof to . surrender� �;he Demised Premises , or to aziy aJ�atement or r. educ�;ion 9. in rent, or otherwise affect the respective obligations of the parties hereto except as herein specifically provided, but shall be privileged to proceed legally to determine that such con- stitutes a taking or condemnation. Tena.nt hereby agrees to each and a11 of the terms, covena.nts and conditions of this Lease and to keep and perform promptly those which are the obligation of the Tenant, it being further agreed that each and all of the covenants and obligations of this Lease sha.11 be binding upon and inure to the benefit of the parties here- to as the case ma.y require and, as well, their respective succes- sors and assigns . IN WITNESS WHEREOF, The parties hereto have caused these pres- ents� to be executed as of the day and year first above written. PORT AUTHORITY OF THE CITY In �Presence of: OF SAINT PAUL By . �resi ent And Secretary ` Approved as to Form: CITY OF SAINT PAUL � By ssistant orporation ounsel yor And . . ity er Approved as to Form Countersigned: and Execution: omptro er ssistant orporation ounsel 10. v � STATE OF MINNESOTA ss. COUNTY OF RAMSEY On this day of , 1970, before me, a notary public w—it�iin and for sai ounty, personally appeared Richard C. Radma.n, Jr. , and Louis H. Meyers, to me personally known, who, being each by me duly sworn, did say that they are respectively the President and the Secretary of the PORT AUTHORITY OF THE CITY OF SAINT PAUL, the public corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of. said corporation, and that said instru- ment was signed and sealed on behalf of said corporation by authority of its Board of Commissioners, and said Richard C. Radman, Jr. ,. and Louis H. Meyers acknowledged said instrument to be the . free act and deed of said corporation. Notary Public, Ramsey County, Minn. My commission expires STATE OF MINNESOTA ss. - COUNTY OF RAMSEY - On this day of , 1970, before me, a notary public wit in and for sa1 ounty,� personally appeared Charles P. McCarty, Harry E. Ma.rshall, and Lou McKenna., to me per- sonally known, who, being each by me duly sworn, did say that they are respectively the Mayor, the City Clerk, and the City Comptroller of the City of Saint Paul, Minr'"esota, named in the foregoing instru- ment, and that the seal affixed to said instrument is the seal of the City of Saint Paul, and that said instrument was signed and sealed in behalf of said City of Saint Paul by authority granted pursuant to formal resolution of the Council of the City of Saint Paul, Council File No. , passed and approved the � day of , �970, and the said Ma.yor, City Clerk, and City Comptroller acknowledged said instrument to be the act and deed of said City of Saint Paul, pursuant to said resolution. Notary Public, Ramsey County, Minn. My commission expires 11.