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248804 1 1 ' • ORIGINRL TO CI�Y CLERK� � ��lt,/�� 1 � . • ' � � CITY OF ST. PAUL �OE NCIL NO. , ' � OFFICE OF THE CITY CLERK � OUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONE DATF RESOLVED, The proper City officers are hereby authorized to enter into and execute a Lease Agreement with Robert W. Moore Company, for leasing of a portion of the Municipal Stadium more particularly described in, and upon the terms and conditions contained in the attached "Exhibit A", which is made a part hereof by reference. r� �� . � �,�t� �� �Y a i910 COUNCILMEN Adopted by the Council 19— Yeas Nays 1970 Carlson MAY 8 Dalglish pprove 19— Meredith Tn Favor Peterson � Sprafk2 O Mayor A gainst MAY 16 1970 Tedesco PUBLISHED Mr. President, Byrne , � DUPIICAi�TO PRINTER CI I 1 OF ST. PAUL COUNCIL NO. ��1������ OFFICE OF THE CITY CLERK �`E CQUNCIL RESOLUTION-GENERAL FORM PRESENTED BY COMMISSIONEIZ DATF � 'RESOLVED, The proper City offioers are hereby authorized to enter into and execute a Lease Agreement with Robert W, Moore Company, for leasing o� a portion of the Municipal Stadium more �articularly described in, and upon the terms and conditions contained in the attached "Exhibit A"� wh�.ch is made a part hereof by referQnee. °�� � ���� COUNCILMEN Adopted by the Councit 19— Yeas Nays Carlson p,���L "; '�`-��'� ,� Dalglish � 1 Approved 19— I Meredith � Tn Favor Peterson Sprafku � Mayor - Against Tedesco Mr. President, Byrne O � r 's , '�J. WILLIAM DONOVAN 223-5317 Valuation Engineer ROY E. BREDAHL, Jr. C I T Y O F S A I N T PA U L � � Ass't Valuation Engineer BUREAU OF VALUATIONS (^�i 286 City Hall ��J/ � � V $aint Paul, Minnssota 55102 � � �`7 �7b To the Honorable Mayor and Members of the City Council Gentlemen: The Land Gorrnnittee of the City of S�int Paul has considered the request of Robert W. Moore to rent � �portion of the Nfunici�al Stadium �roperty (Midway Stadium),co�mrising an area of ap�roxi.mately two acres. He intends to use the ?�raperty for a. storage yard for road gra.ding equi�pment and other heavy equipment. It is the recommendation of the Land Commi�tee that the CoUncil of the City of Saint Paul authorize such a rental or lease agreement subject to the following conditions: 1. The land to be rented or leased be described as follows: That part of the West 50 feet of the Northeast ,�—� of Section 27, T29 N., R. 23W., and the East 150 feet of the Northwest ,�—� of said Section 27, bounded on the northeast by the northeasterly 1.ine of the I�funicipal Stadium roroperty and on the south by a line 20 feet northerly of and parallel to the north curb line of DeCourcy Drive as constructed. 2. The conmensation payable to the City be in the amount of �145.00 �per month. 3, The lessee f�a.rnish the City insurance and bond in the amount and tyr�e as recommended by the City Corporation Counsel. 4. All site immrovements including grad.�:ng, fill material, surfacing, fencing, driver�rays, etc., to be done in accordance with existing City ordinances and regulations governing the same and to the satisfaction of the Corm�nissioner of Libraxies, Auditorium, and Civic Buildings. All such imorovements to be done by lessee a.t no cost to City. 5. Im�rovement and utilization of subject tract shall in no way impair, damage, or interfere with the existing School District 625 driver training installation east of and in close proximity to subject tract. . � - �� , ~'J. WILLIAM DQNOVAN 223-5317 'Voluation,Engineer ROY E. BREDAHL, Jr. C I T Y O F S A I N T PA U L A55't Valuation Engineer BUREAU OF VALUATIONS 286 City Hell $ain4 Paul, Minnesota 55102 '�'�'� —2— 6. Lease agreement shall be subject to termination by either party u�on 60 days written notice. Upon such cancellation and abandon- ment, the lessee shall at his own cost and expense remove all improvements and restore the site to its original condition to the satisfaction of the Co�ni.ssioner of Libraries, Auditorium and Civic Buildings. Fnclosed hereti�rith is a maro showing the subject lands shaded red thereon. Respectflzlly Submitted, CITY COUNCIL LAND COMfYLLTTEE � .����%�...-.. -.�. By ` J. 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M� ....�c.aes .t ttr. �1a►. • �. t�►rwrat..o! t1rr� �le� a�d tb� o/rratiaq tij► tlr ilet�re�.liva o�:�a��. e - !. ��!'v�+al h tM �+s�lrti+ou Catsoi �p�o�. �; �� k �? 1s p�s�l �iacw�ioa it ws avt�t that w�sb o»satioa� asr ca�tlr� ►1� �rit� �Nrs rr�rssal asra dd fit• ie �ch tM �►si►�i �uani la� �ra�� p� e! � �u ��"� t6� a�t�t. � -� Sotit aa�s�cts. .le�r a�sev.i hr � t.pi ��s�wt. �u N ss�: �� trssei to 1is L�sd tJl�l�attt� fes l.ta nQusr�i astl�a� ea trt �stt+�s. ti�all�. tW :� � P�o�l w�1�t bsN � tt�eubs statiow to ths srat rt�t � 1i�ra� ��tq� l�il� .- ��� � t�� t0 t`f M�! 1�� =M��O! Aw11w �i �t��� ICl1�'Or� t� t�M N 'l0�0ii� �" ` �m � E� �,�.t,�� ��11r; C�M �Ilt�t"� �Ll��N ��+N w�t Ot ���M �� �!� � ,� � ' s�raita�l�s �a • . ]� �ito tes posaiblt latnri Mwlo�E. `:� �.•�:trll� .i�.Rt+r.a, R � s1 �o� t,.r� /�r t a.�� :.,�;����} � . : �, ;: � ClilteN M. 11�1►1ia � d�te�s �,;�-� . ," : �� �. >. __ �'�.- -w.�.�...,,�- <;'i�ct�� �.:�l...r�' . .�r�^.�!.,.. : , __ ___ ---- ---- - � � ������� s � ' .RtGINAL YO CITY CLERK CITY OF ST. PAUL COUNCIL NO. � � FILE � � OFFICE OF THE CITY CLERK .� - OUNCIL RESOLUTION—GENERAL FORM � � � PR[SENTEO BY �'y' ^ l,(���....!�,{, �� DATc i COMMISSIONE?' G`t��i' i � 1 � RESOLVED, The proper City officers are hereby authorized ? to enter into and execute a Lease Agreement with Robert W. rloore Company, for leasing of a por-tion of the Niunicipal Stadium more particularly described in, and upon the terms and conditions contained in the attached "Exhibit A" , which is made a part hereof by reference . � ��{�! A��`P����.�'!. ! ( k � , ( ''� '� f. '-: . i � ^ � ��t, Co►Rorotren 6ouns�t � _ ---) ��� � 1970 � COUNCILMEN Adopted by the Council 19— Yeas Nays �a� a ���Q Carlson pprove 19— Dalglish � Meredith __In Favor � Peterson O Mayor S�rafku Against Tedesco Mr. President, Byrne � �"> ' �O qYADRUPLICAT6 TO D6AARTMtNT ��2� ' �• , CITY OF St. PAUL F�UNCIL NO. ` ." OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM ����� PRESENTED BY COMMISSIONErt �AT '�LVSa, T1� gt+►�r �ity oitieias ar� lw�ttr�► a�t�oris�+1 to •nt•s �ito a�aa .�c.ent• s L.�r. �sr.+rar.et ri�� fo.�.st y. l�a.r�r C�spa�►, i�rr l.saimg o! s �ortioa or t�d ��[na�oipal Sitaai� �srs partienlael�r A��o�iD�d in, and ��► th• t�r�s �sd ��dit io�r oo�eet�ia�� ia tb� atiao��d "�xhibit �N, Mbl+� �s � a pa�rt �eTrv! �j► 1e'ilsY's�t��r. COUNCILMEN Adopted by the Council 19— Yeas Nays Carlson Dalgliah Approve� 19— Meredith Tn Favor Peterson S�,rafku Mayor Tedesco A Sainst Mr. President, Byrne �� . � � , . � - � � �o . �� OFFICE OF TH COMPTROLLER SAINT PAUL MINNESOTA 55102 I LL JOSEPH J. MITCHELL ••• �as RICHARD F. SONNEN CITY COMPTROLLER DEPUTY CITY COMPTROiLER rsay 7, 1970 Haaarable Mayor ThQmas R. Byrne and Members of the City Cauncil Geatlesaea; At your request, your Technical Cammittee studied the allocation of city land to be leaaed to the Robert W. M�ore Canstructioa Cocnpany and the A�rican Hoist and Derrick Companq. The land under study is part of the Midway Stadium property. General information. The property under study has neither sewer nor water service. Some of the roadway within the stsdium area are not dedicated streets. These streets should 1� dedicated to legalize their use as a public atreet. All arrangeatienta for use of this land should be by lease. Robert W. Maore Coastru�tion Compaay. Based on review of maps fur- w�.�� .�...r��r .i nished the committee by the Valuation Buresu, it is recommeaded that the pro- pesc::l area to be leased to this company should be adjusted so as the easterly b���r..��rp line would be the east litte of Hamline Avenue extended and the area to te � .3rrP8 ± to be to the west thereof. All provisioas in the reviaed lease sb.o�l+i be coatiaiied as ia th8 proposed agreement with the exception of the legal description of the property to be leased, Aa�ricaa Aoist and Derrick Company. It is recommended that a site commencisg with the easterly boundary of the Hamline Avenue Ri.ght-of-Way and extenc�?.ng ea:�terly to within one foot of the fence enclosing the storage shed and the un�r�round gasoline storage tank used by the Drivers Training Bureau of Tn�Q�.��ent School District #625 � coasidered for the American Hoist and Perrick c'c�mpany. Should the American Hoist � IIerrick Coffipany operation n�t be cc�±�:�ti'�lP ��ith the Driver TXaining Buxeau operation, arrangements could hE: te..Q� �o :�-�In„a.te the Driver Traiaing Facilities. The propoeed a�tnl huiJ�.in�;, ��gxa�ic::{s�ly si:_ty (60) by ane hundred (100) feet should be loca�ed no C�Oi!'V�4 thRn ii�ty (SC�) feet from the center line of Hamline Avenue. T� aqsure acceptance of the trausfer station on this site, t.z� G.�:^- n���y �h�al.%a `urc�i�h satisfactorq proof to the City Council that the fo?lc�wi.n; h��.y=�f� �afl�a �ccoe��lished: 1. Neighbarhvod approval and acceptance of th� r.l;n. 2. Approval of the site and tt�e operation by trx� M�,tra��-litan Council. 3. Approval by the Polluti�a Cantral Agency. � O + ' ; • ' • ' � Honorable Mayor Thomas R. Byrne and Members of the City Council Page 2 i�ay 7, 1970 Ia general diecuesion it was noted that auch operatioas are compati- ble with the genesal area a�l fits in with the proposed general l�g-range plan of the area. Both contracts, after approval by the l.egal department, should be r8- ferred to the Lat1d Co►an�ttee for its requfred action on the matter. Finally, this ptroposal would have Che transfer station to the east and the Moore storage facilities to the weat of Hamline Aveau�e. When Iiamline Avenne is extended through th�s aree as propoaed ia the long-range traffic plans, the entire atadi�.im area west of Aamline Avenne would be availabie as a aingle site for pbsoible £uture development. Respectfullq eubmitted, f'�_ .,., a/�����,u-���.� :- ; l�,_ , C 1 i�E`c�d W� Ik^.�'�3in - Cha irman ��,.�G��`'�-n.-�Y�;;�J�; _,� Clemens J. Sr:�z,i ck - cre r3r 30 c . -� . . ' ,. ' ��� . � LEASE AGREEMENT � THIS AGREEMENT, made and entered into this day of , 1970, by and between the City of Saint Paul, a municipal corporation of the State of Minnesota, herein— after referred to as "Lessor, " and Robert W. Moore Company, a Minnesota corporation, with address at 1125 DeCourcy Drive , Saint Paul , Minnesota 55103, hereinafter referred to as "Lessee , " WITNE55ETH: 1. Lessor, for the consideration hereinafter set forth, does hereby let unto Lessee certain land, located in the City of Saint Paul , County of Ramsey and State of Minnesota, described as follows ; That part of the West 50 feet of the Northeast 4 of Section 2'7 , T. 29 N. , R. 23 W. , and the � East 150 feet of the North west 4 of said Section 27 , bounded on the noitheast by the northeasterly line of the Municipal Stadium property and on the south by a line 20 feet northerly of and parallel to the north curb line of DeCourcy Drive as constructed. The use of the demised premises by the Lessee shall be limited to that of an equipment storage yard and shop. 2. This lease shall be for an indefinite term and subject to termination, as hereinafter provided, the term of said lease to commence on the first day of June, 1970, and subject to all of the terms , covenants and conditions set forth herein. 3. As consideration for the use of the demised � premises , Lessee shall pay, in advance, the sum of One Hundred Forty—five Dollars (�145. 00) per month, payable at the office of the Commissioner of Libraries, Auditorium and Civic Buildings , i_n the City Hall and Court House , Saint Paul , Minnesota. 4. Lessee agrees to furnish and maintain, during the term of this lease , public liability insurance which shall protect the lessor and the lessee from all claims or damages for personal injury, including accidental death, which may EXHIBIT A ' . . , ., . .�. . � • , , . arise out of the occupation or use of said premises by the Lessee , which public liability insuraalce shall be in an amount of not less than One FIundred Thousand Dollars (�100, 000) per person for injuries, including accidental death , and subject to the same limitations for each person in an amount of not less than Three Hundred Thousand Dollars (�300, 000) on account of any single accident or incident , and fur�her include coverage for property damage in an amount not less than Three Hundred Thousand Dollars (�300, 000) arising out of a single occurrence , which policies of insurance or certificates shall state that thirty (30) days ' written notice shall be given to the City before said insurance is chan�ed or cancelled. Copies of said insurance policies or certifica�es shall be filed with the City Comptroller of the City of Saint Paul . 5. Lessee does hereby e�pressly agree and undertake to fully indemnify, hold harmless and defend the City of Saint Paul , its ageizts , officers and employees from any and all da.mages , 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 said premises by � Lessee . Lessee shall furnish and maintain a surety bond in the amount o� Five Thous�nd Dollars (�5, 000.00) conditioned upon its complying with all the terms and conditions of this lease agreement , including the foregoing indemnification �ro- vision and restoration o�ligation provided for herein. 6 . Lessee agrees to uiake all improvements to the leased preniises entirely at its own cost and expense , and all site improvements ( including, but not limited to , grading, - fill material , surfacing, fencing, a.nd drive�a�ys ) shall. be done in strict accorda,nce with existing city ordinances , S�t;ate laws , and �urther to the satisfaction of the Commissioner. of Libraries , Auditorium and Civic Buildings . Upon the termination -2- - - • ,► . . of this lease agreement 'pursuant to the terms hereof, Lessee expressly agrees , at its own cost, to remove said improvements and restore the demised premises to its original condition and to the satisfaction of the Commissioner of Libraries , Auditorium and Civic Buildings . 7 . Lessee expressly agrees that its use of the demised premises and impro��ements made therein shall in no way impair, damage or interfere with the existing Independent School District #625 driver training installation lying east of and in close proximity to the demised premises . 8 . This lease may be terminated by either party upon sixty (60) days ' written notice thereof at the last known address of the party being notified; service of such notice upon the Lessor shall be made upon the City Clerk. 9. This lease may not be assigned, sub-leased or trans�erred by either party without the prior written consent of the other party. IN WITNESS jVIIEREOF, the parties hereto have hereunto subscribed their hands and seals as of the day and year first above written. � CITY OT SAINT PAUL ,EORN� APP OV D , By �Corporation Counsel Mayor Commissioner of Libraries , Coun�;ersigned• Audi�torium ancl Civic Buildings Attes�; : City Clerk City Co�iipl;roller LESSOR In Presence o:f : ) ROB� W. N10 E C rS ANY � � Y .� _ � -I ,S , . � � '� ��l A%�c��c,�ti � • /\-�\� �vl//(^.�?-��. ��' ) Tt,s � r . • � . . • ,, .. . . STATE OF MINNESOTA ss . � COUNTY OF RA�'�1SEY On this day of , 1970, before me appeared Thomas R. Byrne , Dean. Meredith, Harry E. Marshall and Joseph J. Mitchel_1 , to me personally known, who , being duly sworn, did say that they were respectively the Mayor, Commissioner of Libraries, Auditorium and Civic Buildings , City Qerk and City Comptioller of the City of Saint Paul , that the seal affixed to the foregoing ins�trument is the corporate .seal of said City, and that said instrument was signed and sealed in behalf of said City by authority of Resolution of its City Council , Council File No . , approved , 1970, � and acknowledged said instrumenl; to be the free act , and deed o� said City pursuant to said Resolution. (SEAL) STATE OF MINNESOTA) ) ss . COUNTY OF RAMSEY ) On this g� da.y of 5 �-970, before me , a notary public withiiz said Couizt , personally appeared ��x- w. rn.� , to me personally knosvn, �aho , being duly sworn, did say that he � is respectively the President of ROBERT jJ. r100RE CUNIPA� , d �Lhat the seal affixed to the foregoin� instrulnent is the corporate seal of said Corporation, and �that said instrument was signed and sealed in behalf of said Corporation by authority of its Board o� Directors , and s a i d ��ws,v1 � 7"Yf A�i acknowledged said instrument to be the free act and deed of said Corporation. �/�a's� � F ..- .. .. , � _��1�'� � NO�aty PUb11C � N��.-�, r _ �����-,�_ :t�;nn. r�t� ,�. .._ , =d z��,i9z� P1y Commission expires (S�AL) -4- �. . April �9, 1 a � n�. Clemens Schlee� Secret�ry Techniaal Commit�ee Dear S�.r: Attached is a c�py of' re�alutio t4iat �a� cans3.dered at �oday's Couneil meetin�, aut i�3.n� a I.e with R�bert W. M�ore for a certain portion o� pr r�y a� '�h ut�3.cipa]. Stac3ium. The Mayor a t th on b� referr�d t� the Teehnical Cocam�.ttee study in con3ur�etion with a study af pca��ibl�e sites Por the t sfer loca on af Am�riC�n Hr�ist e,nd Derrick Cnr;r��►ny. Vezy �ruly �roure, +�ity C1.�rk AOfng