245519 ORIGINAL TO CITY CLERK. CITY OF ST. PAUL COUNCIL 1�1/1. 24551�
f OFFICE OF THE CITY CLERK F`E ���v
U IL RESO TI N-GENERAL FORM
PRESENTED BY �'Z�,I'���,�.
COMMISSIONE DATF
RESOLVED, By the Council of the City of Saint Paul,
that the proper City officers are hereby authorized and
directed to execute, on behalf of the City of Saint Paul,
agreement between Northern States Power Company and the
City in connection with the lease of land for the plan
for the floodwall exten.ders, as more particularly set
forth in said agreement.
FOR APPROV
t. Corp r Co el
v
SEP 91969
COUNCILMEN Adopted by the Counci� 19_
Yeas lvays $Ep 91969
Carlson
�� Approved 19—
Meredith �n Favor
Peterson �
Sprafku Mayor
Tedesco —�--Against
Mr. President, Byrne ��IS�E� SEP 13 1969
a��
• • lin_ 3
+ ,����i
LEA,SE AGREII�'.�NT �
THIS AGREEMEI�IT, made and executed this day of ,
1969, by and between NORTHERN STATES POWER COMPANY, a Minnesota corporation, here-
inafter referred to as "NSP", and the CITY OF SAINT PAUL� a Municipal corporation
of the State of Minnesota� hereinafter referred to as "City".
Wf�REAS, NSP ia the fee owner of the real property, hereinafter referred
to as "Leased Premises", situated in the City of Saint Paul, Caunty of Ramaey, State
of Minnesota, described as follows, to-wit: •
That portion of Section 12, Township 28 North, Range 23 West,
beginning at a point on the Northerly right-of-way line of
Shepard Road 359•�+l feet Northeasterly of the Southwest corner
of Block 5 of Northern States Power Company Plat; thence North-
westerly at right angles to said line a distance of 58 Peet; �
thence Northeasterly on a line parallel to the Northerly right- ' ��
of-way line of Shepard Road a distance of 64 Peet; thence South- �,�L� �
easterly at right angles to said last mentioned line a distance
of 58 feet; thence Southwesterly along the Northern right-of-
way line of Shepard Road to the point of beginning.
and
Wf�REAS, The City desires to construct a building on the Leased Premises
for the purpose of storing the City's emergency floodwall extenders;
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreement contained to be kept and performed, NSP and City hereby mutuall,y agree
as follows:
1. This lease is subject to the right, privilege, and easement hereby reserved
� due and p�yable on the lst day of January� 1970, and the payment for each successive
year to be p�}rable in advance on or before the first day of each such year� such
pr�yments shall be made to NSP at its offices at 360 Wabasha� St. Paul, Minnesota,
j5102, or at such other place as NSP shall designate in writing.
�s NSP hereby grants the City permission to construct said building upon �he
Leased Premises, and the City hereby agrees to construct said building� Pences and
gates in strict accordance with the plans and specifications as prepared by the
City's Department of Public Works, Contract No. M-487.
5. NSP hereby grants to City such right of access to and fram the Leased
Premises as may be reasonably necessary for the construction of said building as
atated in Item B-1 on Page 7 of said Contract; prov3.ded, however, that such right
of access shall not interfere with or hinder the operation and maintenance of NSP's
facilities and shall comply with all rules and regulations established by NSP; and
that such right of access shall terminate upon completion of the construction of
said buildin�. Thereafter, City shall have access through the double gate to be
installed by City on the Leased Premises adjacent to Shepard Road. City shall coqnply
with all security regulations of NSP as notified from time to time.
6. City, as its own sole responsibility� and at its own expense, shall pro-
cure any and all permits, licenses, and authorizations required by any public authority�
as may be required in connection with City's use of the premises or activities thereon,
and shall camply with all requirements of said authorities.
7. City shall keep and maintain the Leased Premises in a neat, safe and order�y
manner and free of hazardous or objectionable conditions. City sha11 indemnify and
L,.��a 'nTC�n L----' --- ., _ �.. _ _
.
" the authority of City as required or permitted by this lease� and City sha11 defend,
indemnify, and hold NSP and said Leased Premises haxmless from any and all claim,
lien, liability, or expense, including attorneys' fees arising fram or by reason of
the exercise or purported exercise of any right� privilege, or authority granted to,
or obligation imposed upon, City hereunder.
9. City hereby accepts the Leased Premises in their present condition wi+hout
ar�y promises, agreements, or obligations, expressed or implied, on the part of NSP
to make any improvements or repairs thereon. Upon the termination of this Agreement,
the City shall quit and surrender said Leased Premises and restore the Leased Premises
to as near its original condition as when received, ordinary wear and tear excepted.
10. City, at its option, shall have the privilege of extending this agreement
for three successive extensions, each such extension to be for a period of 5
years from the date of expiration of this lease or from the date of expiration of,
the period af extension then in effect. Such privile�e may be exercised by City by
giving NSP written notice nP City's intention to exercise such privilege oP extension
at least 120 days prior to the expiration of the term of this Agreement or of the
period of extension then in effect. Any such extension shall be sub�ect to all terms
and conditions of this lease, except as to the amount of rental to be paid. The
rent applicable to each such extension period shall be camputed on the basis of the
real estate taxes levied against said Leased Premises.
11. NSP and the City may terminate this lease at any time and for any reason,
notwithstanding an�y other provisions hereof� upon the submission to the other party
of a written notice of termination thereof which shall be served upon the other
r
.
. IN wITNESS WHERr,OF, the parties hereto have executed this agreement the
d�y and year first above written.
In Presence of: NORTI�RN STATES P OMPAIVY
� 7 G�\�� --��.__�—�_ /
� By -'� ?�
Vice President-Ehgineerin�
�� _~ � �
And_ , %L/✓�ZI—r
Secretary
� CITY OF SAINT PAUL
By
Mayor
Approved s to form:
And �
Commissioner of Public Works
As i Cor r i o se
And
City Clerk
Approved as to form and
execu�tion this day
ot' , 1g69.
Countersigned:
Assistant Corporation Counsel
City Comptroller
�
APPROVE �
IAND (�
APPROVED
AW DEPARTMENT
APPROVED
OP RATING DEPP.RTMENT
APPROVED
I VICE PRESIDENT
' J,
7
DUPLICATE TO PRINTER �45 519
CITY OF ST. PAUL ��EN��� NO.
OFFICE OF THE CITY CLERK -
COUNCIL RESOLUTION-GENERAL FORM
PRESENTED BY
COMMISSIONER DATF
�?ESOL�r^��3, �y the Council ofi the City o� Saint �aul,
that the prope� Ca.ty o��iaers are hereby autlzorizect a�.d
clirected to ezecute, on behal� o� the City of �aint �'�.ul,
agreement ��t��.Te�r� l�Tort�aer�a �tat�s �'ot�e*er Coa�pany �a�c� t��.�
City �n conn�ectioz� �rfth t�e 1e�.se of land �or tY�e pl�.�
:�or �he �loac���r�ll E�:te�.c�er�, as �ore particularly �e1;
�orth in �aicl agreement.
��� �� ����
COUNCILMEN Adopted by the Council 19—
Yeas Nays � ; � �-�
�,,?_
Carlson
�� � Approved 19_
Meredith Tn Favor
Peteraon
�� Mayor
Sprafkw
A gainst
Tedesco
Mr. President, Byrne
O