04-1107Return copy to:
Real Estate Division
140 City Hall
��
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Refened To
Council File # ��' � �0�
Green Sheet # 3023350
Committee: Date
i WHEREAS, the City has lease 42,700 square feet of vacant land adjacent to Ayd Mill Road and abutting
z unimproved Ashland Avenue to the Snelling Hamiine Community Council to provide community gazden
s plots; and
a
s WHEREAS, lease PW/13, expired Apri130, 2004, and has been on a month to month basis; and
6
� WHEREAS, it is the intentions of both parties to rene�
8
9 NOW THEREFORE BE IT RESOLVED, that the prc
io to execute a five year extension of said Lease Agreeme�
�
�
Kodak ds
digilalscience° �
directed
� Requested by Department of: "
� Public W rks
�
� By: C'`
—� D'ue or
Form ��oved by City
Adopted by Council: Date �o+"�m� a`/,�-}
Adoption Certified b� Council Secretary
By: /�i� /���c,�d� � / �
by Mayor
� . . • . :'� '� . . i . - .F�'rS
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. p�l-Il0"7�
� Green Sheet Green Sheet Green Sheet Green Shee� Green Sheet Green Sheet
DepartrnenUofficelcouncil: Date Initiated:
Pw _�bL�WOrks „-�s-� G reen Sheet NO: 3023350
Contaet Person & Phone:
Dave Nelson
266-8560 �
Must Be on
?c.EAS� �/1C�C�SS "(`Lri.t��
� Deoar6nent Sent To Person 1nit��aUDate
0 blic W rks Real 140 ^�,,%.,('�
ASSign 1 i Attorne Ci Attome / S�[L34'�
^"� �!n
Number 2 bl'c w B e& Di ector �� v�
Fof 3 or's Oftice lYls odAssistant
Routing
Order 4 uncit i ou i1
5 i Clerk Ci Clerk
Total # of Signature Pages �(Clip NI Locations for Signature)
Aetion Requested:
Execute a five yeaz lease between the City and Snelling/Hamline Community Council.
�dations: Approve (A) or Reject (R):
P�anning Commission
CIB Committee
Civil Service Commission
Personal
Must Answer the Following Questions:
1. Has this persoNfirm ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current ciry employee?
Yes No
Explain all yes answers on separote sheet and attaeh to green sheet
Initiating Problem, Issues, Opportunity(Who, What, When, Where, Why):
There is a long standing lease be[ween the City and Snelling/Hamline Community Council tha[ has expired and needs to be re-newed.
Advantages If Approved:
Use of the property will continue as before.
DisadvanWqes If Approved:
None foreseen.
Disativantapes If Not Approvetl:
The Community Council will have to find other property to lease.
Total Amouni of
Transaction:
Fundinp Source:
CosURevenue Budgeted:
Activiri Number:
�S�C�?`J��
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rs�,�,pn+�on P,--�nf
J�::`^:>..i;; t Ji�: !.r°
41L �n� R ��,'�� , -'�nf(;49 i�°Pn§p�
Finaneial Information: Other valuable consideration & services will be accepted in lieu of rent.
(Explain)
,:Cr=;.r: �� ����
�, i �" :, ,''.
(Pw13)
Revised .........................................7/14/99
Authority (C.F. or A.O.)
LEASE 1`TO.
FINANCE DEPT. LEASE NO. PW/13
DATE: March 31. 2004
LESSOR: CITY OF SAINT PAUL
DEPARTMENT OF Public Works
LESSEE: Snelling/Hamline Communitv Council
1573 Selbv Avenue - 319 Libertv State Bank Buildine
Saint Paul, Minnesota 55104
- �. _ i'� 4 � ..
CITY OF SAINT PAUL
STANDARD LEASE
AGREEMENT
[1] Leased Premises. The LESSOR, in consideration ofthe payment ofthe Basic Rent and Additional
Rent hereinafter specified to be paid by the LESSEE, and the covenants and agreements herein
contained, does hereby lease, demise and let unto LESSEE the premises hereinafrer referred to as
the "Leased Premises," consisting of 42,700 square feet of vacant land «hich is legally described
as:
From the Point of Beginning on the West Line of Block 2b, A�ma E. Ramsey's addition to
the City of Saint Paul thirty feet (30.00') south of the intersection of said West Line with the
Southwest Line of Ayd Mill Road Right-of-Way; thence southeasterly for four hundred feet
(400.00') more or less through a point on the South Line of said block 26 and fifty feet
(50.00') west ofthe intersection of said South Line with the said Southwest Line of Ayd Mill
Road Right-of-Way and continuing to the Center Line of unimproved Ashland Avenue;
thence westerly along said Center Line for three hundred feet (300.00') more or less to the
intersection of a southerly extension ofthe said West Line of said Block 26; thence northerly
two hundred seventy feet (270.00') more or less to the Point of Beeinning.
together with any buildings, fixtures in such buildings, improvements and structures, if any, located
thereon;
See Exhibit "A", plan or map of leased area which is incorporated herein by this reference.
[2] Term of Lease. This lease shail be in effect for a term commencing and ending on the dates
indicated below, unless terminated eazlier by the LESSOR as provided herein.
Term
(Months/Years) Commencing Date Endine Date
five years May 1, 2004 April 30, 2009
Page 1 of 10
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[3]
Use of Premises. The LESSEE shall use and occupy the Leased Premises for the following purpose:
Community Gardens, except that an area estimated at, but not limited to 400 square feet, in
one comer of the Leased Premises may be used for composting, provided that composted
material thereby produced shall not be offered for sale, nor shall income otherwise derive
from such use of the premises; and also except as qualified in paza�raph [28], and for o other
purpose without prior written consent of the LESSOR
[4]
and for no other purpose without the prior written consent of LESSOR.
Rent. Rent shall consist of Basic Rent and such Additional Rent as may apply. LESSEE shall pay
all rent in advance, on the first day of the term of the lease and on the first day of each payment
period thereafter as indicated in the Payment Schedule below:
(A) Basic Rent
Total Basic Rent
During Lease Term
See Paragraph 27
Schedule
(Payment Period — Commencing Date —$ per Period)
N/A May 1, 2004 N/A
(B) Additional Rent. Additional Rent means all amounts, other than Basic Rent provided for
in paragraph (4-A) above, that LESSEE shall be obligated to pay under this paragraph or
other provisions of this Lease. Additiona] Rent shall include, but is not limited to, the
following fees, costs and expenses:
(1)
�2)
(3)
(4)
all utilities, including water, electric, gas, telephone, sewage and garbage collection
and disposal;
costs for the repairs, improvements or alterations required to be made by the LESSEE
in pazagraph 11 of this Lease;
all taxes on realty or personalty, general or special; (4) all public rates, dues, charges
and assessments, general or special, of any kind upon the Leased Premises; and
property insurance premium and/or uninsured losses as set forth in paragraph (7) of
this Lease.
In the event that LESSEE does not make such payments (or any payments required to be paid
as Additional Rent), LESSOR may make the payments at its option, and the payments so
paid become Additional Rent, and are due and payable by the LESSEE with the payment of
Basic Rent next required after written notice of same to the LESSEE by LESSOR.
LESSEE shall make all payments of Basic Rent and Additional Rent to LESSOR at the following
address:
The applicable account number for City Finance Accounting Code is:
Page 2 of 10
a�f- llo�
[5] Taxes. LESSEE shali be responsible for and pay all taxes and assessments against the Leased
Premises, except that LESSEE may at its own expense contest and challenge the imposition or
amount of any such tax or assessment as prescribed by law; provided, however, that in the event this
Lease is terminated by either party, LESSOR may at its option require the LESSEE to pay such
contested taYes pending appeai, to place in escrow a sum sufficient to pay said ta�ces, or take other
action that will remove said contested taxes as an encumbrance to title or as an exception to the
transferability of marketable title to the Leased Premises.
[6] RiEht of Entrv. At all times during the term of this lease, the LESSOR shall have the right, by itself,
its a�ents and employees, to enter into and upon the Leased Premises during reasonable business
hours or, in the event of an emergency, at any time for any legitimate purpose.
[7] Insurance.
(A) LESSOR'S Insurance. The LESSOR shall acquire and keep in effect during the term of this
agreement the following coverages:
(1) FIRE AND ALL RISK INSURANCE, on the Leased Premises with limits of not less
than $ shall be purchased by the LESSOR; the LESSEE shall pay, as
Additional Rent, the premium for said insurance and, in the event of a claim, any
deductible. Said insurance shall name the City of Saint Paul as the insured. With
respect to any loss of the LESSOR'S property not covered by insurance, it shall be
the responsibility of the LESSEE, within a reasonable time, to pay all costs to repair
or replace the damaged property with like kind, such reasonable time to be
determined by the LESSOR. LESSEE shall be responsible for insurance of its own
property.
(B) LESSEE'S Insurance. The LESSEE shall acquire during the term of this lease the following
coverage:
(1) The LESSEE shall be responsible for the self insurance of, or the acquisition of
Commercial Property Insurance on, its personal property.
(2) COMMERCIAL GENERAL LIABILITY INSURANCE including blanket
contractual liability coverage, personal injury liability coverage and broad form
property damage liability endorsement with a combined single limit of not less than
$750,000 per occurrence shall be purchased by the LESSEE. Such insurance shall:
(a) name the City of Saint Paul as additional insured; (tz) be primary with respect to
LESSOR'S insurance or setf-insurance; OO) not exclude explosion, collapse and
underground property damage; (d) be written on an"Occurrence" Form policy basis;
and (e) not contain an "aggregate" policy limit unless specifically approved in writing
by LESSOR.
(3) AUTOMOBILE LIABILITY INSURANCE with minimum limits of $750,000
combined single limit and $1,000,000 aggregate, covering hired, non-owned and
owned automobiles.
(4) WORKERS'COMPENSATIONINSURANCEwithnotlessthanstatutoryminimum
limits; and EMPLOYERS' LIABILITY INSURANCE with minimum limits of at
least �100,000 per accident and with an all states endorsement.
Page 3 of 10
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(5) The LESSEE shall supply to LESSOR current insurance certificates for policies
required in Paragraph (7). The said certificates shall certify whether or not the agent
has errors and omissions insurance coverage.
(6) The limits cited under each insurance requirement above establish minimums; and
it is the sole responsibility of the LESSEE to purchase and maintain additional
insurance that may be necessary in relation to this lease.
(7) Nothing in this contract shall constitute a waiver by the LESSOR of any statutory
limits or exceptions on liability.
(8) LESSEE shall place the insurance with responsible insurance companies authorized
and licensed to do business in the State of Minnesota and approved by LESSOR, and
shall deliver copies of the policies to LESSOR on the date of LESSEE'S execution
ofthis agreement. The policies required in paragraph (7) shall be endorsed to indicate
that the insurer cannot cancel or change the insurance without first giving the
LESSOR 30 days' written notice.
(9) Insurance limits shall be subject to the tort claims liability limits as set forth in
chapter 466 of Minnesota Statutes.
(C) Waiver of Subro at� ion. LESSOR waives its right of subrogation for damage to the Building,
contents therein, loss of use thereof, and(or loss of income, up to the amount of insurance
proceeds collected. LESSEE waives its right of subrogation for damage to property in the
Leased Premises, loss of use thereof, loss of income and/or accounts receivable, up to the
amount of their respective insurance proceeds collected. The parties shall notify their
respective insurance companies, in writing, ofthe provisions of this paragraph; and, if either
cannot waive its subrogation rights, such party shall immediately notify the other party, in
writing.
[8] Cancellation or Termination. This lease shall be subject to cancellation and termination by
LESSOR at any time during the term hereof by giving the LESSEE notice in writin� at ninety (90)
days, (thirty (30) days for leases with a term of one (1) year or less or any month-to-month tenancies)
prior to the date when such termination shall become effective. In the event of such termination, and
on the effective date of such termination, LESSOR shall return any uneamed rental paid by the
LESSEE without interest.
[9] Notice. All notices herein provided to be given, or that may be given by either party to the other,
shall be deemed to have been fully given when served personally on LESSOR or LESSEE, or when
made in writing and deposited in the United States Mail, certified and postage prepaid, and addressed
to the LESSEE at the address stated on page (1) and to the LESSOR at the Real Estate Division,140
City Hall, Saint Paul, Minnesota 55102. The address to which the notice shall be mailed may be
changed by written notice given by either party to the other. Nothing herein shall preclude the giving
of such address change notice by personal service.
[lOJ Assignment and Sublettina. LESSEE shall not assign or sublet this Lease without the written
consent of the LESSOR, which consent must be obtained prior to the execution of any agreement
to sublease the Leased Premises.
Page 4 of 10
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[ll] Maintenance and Repairs. LESSEE shall, at its own cost and expense, be responsible for ali
repairs, maintenance and upkeep of the Leased Premises, includin� but not limited to emergency
repairs of any kind; routine maintenance and repair to keep the Leased Premises in good repair, safe
and in compliance with applicable fire, health, building and other life-safety codes; and all repairs
and maintenance needed to keep the buildings or structures on the Leased Premises in good con-
dition, including (a) the exterior (including windows and doors) and interior structure of the
buildings or shvctures, (b) the roof or roofs, �) the heating, ventilating and air conditioning systems
therein, (d) all electrical, plumbing, lighting, mechanical systems, fire suppression equipment, i.e.
fire sprinkler system; and (e) all grounds, fences and roads within the Leased Premises. The
foregoing obligations shall bind the LESSEE regardless of the cause of the damage or condition
necessitating the repair or maintenance.
[12] Pavments in Case of Default. LESSEE shall pay LESSOR all costs and expenses, including
reasonable attomey's fees in any action brought by LESSOR to recover any rent due and unpaid
hereunder, or for the breach or default of any of the covenants or agreements contained in this Lease,
or to recover possession of said property, �vhether such action progresses to judgment or not.
[13] Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner termination of
this lease, shall quit peacefully and surrender possession of said property and its appurtenances to
LESSOR in as good order and condition as the property was delivered to the LESSEE.
[14] Indemnitv. The LESSEE agrees to indemnify, defend, save and hold harmless the City of Saint Paul
and any agents, officers and employees thereof from all claims, demands, actions or causes of action
of whatsoever nature or character, azising out of or by reason of the Lease of the herein described
Leased Premises by the LESSOR to the LESSEE, or the use or condition of the Leased Premises or
as a result of the operations or business activities taking place on the Leased Premises. It is fully
understood and agreed that LESSEE is awaze of the conditions of the Leased Premises and leases
the same "as is."
[15] Holdover. Any holdover after the expiration of the term of this Lease shall be allowed only af[er
receiving the written consent of the LESSOR. Said tenancy shall be deemed to be a tenancy only
from month-to-month. All other terms and conditions of this Lease shall be applicable.
(16] Pollution and Contaminants. LESSEE agrees to comply with all ordinances, laws, rules and
regulations enacted by any governmental body or agency relating to the control, abatement or
emission of air and water contaminants and the disposal of refuse, solid wastes or liquid wastes.
LESSEE shall bear all costs and expenses arising from compliance with said ordinances, laws, rules,
or regulations and shall indemnify, defend, save and hold harmless LESSOR from all liability, in-
cluding without limitation, fines, forfeitures, and penalties arising from the failure by LESSEE to
comply with such ordinances, laws, rules or regulations. LESSOR has the right to perform cleanup
and charge the LESSEE as Additional Rent for such costs should the LESSEE fail to compiy.
Page 5 of 10
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j17] Controlling Lease. In the event there is any prior existing lease or rental agreement between
LESSEE and LESSOR (or its predecessor in interest) covering the subject property, it is agreed and
understood that this Lease shall cancel and terminate any prior leases or rental agreements as of the
effective date of this lease.
[18] Destruction. In the event of damage to or destruction of the Leased Premises or in the event the
premises becomes untenantable or unfit for occupancy due to such damage during the term of this
Lease, LESSOR may at its option:
(A) terminate the lease upon fifteen (15) days' written notice to LESSEE; or
(B) within fifteen (15) days agree to restore the premises within a reasonable time period
following the casualty, charging the costs in excess of the insurance proceeds, if any, to the
LESSEE as Additional Rent; or
(C) tnay direct that LESSEE promptly restore the Leased Premises to substantially the condition
existing immediately prior to such damage or destruction, and for that purpose, if such dam-
age or destruction was caused by perils insured against the LESSOR shall make available to
LESSEE pro-rata, as work progresses, the net proceeds of such insurance. If such proceeds
are insufficient to pay the entire cost thereof, LESSEE agrees to pay as Additional Rent, a
lump sum payment (or in a form agreed upon by the LESSOR) equal to the remainder of
such cost.
The Basic Rents to be paid during the restoration period shall be abated in proportion to the
percentage of loss and impairment o£ the use of the Leased Premises as determined by the
LESSOR, times the number of days of loss or impairment.
[19] Events of Default. The occurrence of any ofthe following events during the term ofthis Lease shall
constitute an event of default by the LESSEE:
(A) the filing of a petition to have LESSEE adjudicated bankrupt or a petition for reorganization
or arrangement under any laws ofthe United States relating to bankruptcy filed by LESSEE;
(B) in the event a petition to have LESSEE adjudicated bankrupt is filed against LESSEE, the
failure to dismiss such petition within ninety (90) days from the date of such filing;
(C) the assets of LESSEE or of the business conducted by LESSEE on the Leased Premises be
assumed by any trustee or other person pursuant to any judicial proceedings;
(D) LESSEE makes any assignment for the benefit of creditors;
(E) the failure by LESSEE to timely pay Basic Rent ar Additional Rent as required by this Lease;
(F) the failure by LESSEE to observe and perform any covenant, condition or a�reement on its
part to be observed or performed as required by this Lease; or
(G) the failure by LESSEE or its surety to discharge, satisfy or release any lien or lien statement
filed or recorded against the Leased Premises within sixty days after the date of such filing
or recording, whichever date is eazlier.
Page 6 of 10
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It is an express covenant and agreement ofLESSOR and LESSEE that LESSOR may, at its election,
terminate this Lease in the event of the occurrence of any of the events described in this paragraph
or in pazagraph (22) relating to liens by giving not less than ten days' written notice to LES SEE; and
when so terminated, LESSOR may reenter the Leased Premises. This Lease and its Leased Premises
shall not be treated as an asset of LESSEE'S estate. It is further expressly understood and agreed that
LESSOR shall be entitled upon such reentry, notwithstanding any other provision of this Lease, to
exercise such rights and remedies as are provided in Paragraph (24) of this Lease.
[20J Compliance �vith Laws. The property described herein may be used for only the purposes stated
herein. It is the sole and exclusive responsibility of the LESSEE in the use of the property to comply
with all laws, rules, regulations or ordinances imposed by any jurisdiction affecting the use to which
the property is proposed to be put. Inability or failure by the LESSEE to comply with any of said
laws, rules, regulations or ordinances will not relieve the LESSEE of the obligation to pay the rental
provided herein.
[21] Non-Discrimination. The LESSEE for himself, his personal representatives, successors in interest
and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant
running with the land, that
(A) no person, on the ground of race, sex, color creed, religion, age, disability, marital status,
status with respect to public assistance or national origin or ancestry shall be excluded from
participating in, be denied the benefits of or be otherwise subjected to discrirnination in the
use of said facilities;
(B) that in connection with the construction of any improvements on said lands and the
fumishing of services thereon, no discrimination shall be practiced in the selection of em-
ployees and contractors, by contractors in the selection and retention of first tier subcontract-
ors, and by first-tier subcontractors in the selection and retention of second-tier subcon-
tractors;
(C) that such discrimination shall not be practiced against the public in its access in and use of
the facilities and services provided for public accommodations (such as eating, sleeping, rest
and recreation) constructed or operated on the Leased Premises; and
(D) that the LESSEE shall use the premises in compliance with all other requirements imposed
pursuant to the Saint Paul Legislative Code Chapter 183.
[22] Liens. The LESSEE shall not permit mechanic's liens or other liens to be filed or established or to
remain against the Leased Premises for labor, materials or services fumished in connection with any
additions, modifications, improvements, repairs, renewals or replacements made to the Leased
Premises, or for any other reason; provided that if the LESSEE shall first notify the LESSOR of its
intention to do so and shall deposit in escrow with the LESSOR a sum of money or a bond or
irrevocable letter of credit acceptable to the LESSOR equal to the amount of the claim of lien,
LESSEE may in good faith contest any such claims or mechanic's or other liens filed or established
and in such event may permit the items contested to remain undischarged and unsatisfied durin� the
period of such contest. If, in the opinion of the LESSOR, the nonpayment of any such items subjects
the Leased Premises to any loss or forfeiture, the LESSOR may require the LESSEE to use the es-
crow account to promptly pay all such uripaid items and if LESSEE fails to pay from the escrow
account, the LESSOR may pay and charge the LESSEE as Additional Rent.
Page 7 of 10
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[23] Eminent Domain. In the event the entire Leased Premises aze taken by eminent domain, or such
portion thereof is so taken that in LESSEE'S reasonable judgement it is uneconomic thereafter to
restore the Leased Premises and proceed under the terms and provisions ofthis Lease, LESSEE may
terminate this Lease by giving to LESSOR thiriy days' written notice of termination, effective as of
the date on which the condemning authority acquires legal title or physical possession of the Leased
Premises. LESSEE hereby waives and releases any claim to or shaze in the Award of Compensation
for the taking, notwithstanding any other provision of law, this Lease or any other agreement.
LESSEE may to the extent otherwise permitted in the eminent domain proceeding, remove its owm
trade fixtures at its own expense.
�24j Default Remedies. In the event an Event of Default occurs under paragraph (19) of this Lease,
LESSOR may exercise any one or more of the following remedies:
(A) reenter and take possession ofthe Premises without termination ofthis Lease, and use its best
efforts to ease the Premises to or enter into an agreement with another person for the account
of LESSEE;
(B) terminate this lease, exclude LESSEE from possession of the Premises, and use its best
efforts to lease the Premises to or enter into an agreement with another in accordance with
applicable law;
(C) exclude LESSEE from possession of the Premises, with or without terminating this Lease
and operate the Premises itself;
(D) terminate the Lease, exclude LESSEE from possession ofthe Leased Premises, sell all or any
part of the Premises at the best price obtainable (provided such sale is permitted by applic-
able law,) such sale to be on such terms and conditions as the LESSOR, in its sole discretion,
shall determine and apply the proceeds of such sale less any expenses thereof for the account
of the LESSEE.
(E) exercise any remedies available to it under the Minnesota Uniform Commercial Code;
(F) take whatever action at law or in equity may appeaz necessary or appropriate to collect the
Basic Rent and Additional Rent then due and thereafter to become due, or to enforce
performance and observance of any obligation, agreement or covenant of the LESSEE under
this Lease.
(G) in exercising any of its remedies set forth in this Section, the LESSOR may, whether or not
the Lease is then in effect, hold the LESSEE liable for the difference between the payments
and other costs for which the LESSEE is responsible under this Lease.
No remedy herein conferred upon or reserved to LESSOR is intended to be exclusive of any other
available remedy or remedies, but each such remedy shall be cumulative and shall be in addition to
every other remedy given under this Lease or now or thereafter existing at law or in equity by statute.
No delay or omission to exercise any such right or power accruing upon any default shall impair any
such right or power or shall be construed to be a waiver thereof, but any such right and power may
be exercised from time to time and as often as may be deemed expedient. In order to entitle the
LESSOR to exercise any remedy reserved to it in this Provision, it shall not be necessary to give any
notice, other than such notice as may be herein expressly required.
Page 8 of 10
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[25j Alterations. The LESSEE will not make any alterations to the premises without the written consent
of the LESSOR, such consent not to be unreasonably withheld. If the LESSEE desires to make any
such alterations, an accurate description shall first be submitted to and approved by the LESSOR and
such alterations shall be done by the LESSEE at its own expense. All such work shall be performed
under the LESSOR'S supervision and any improvements made to the Leased Premises at the
LESSEE'S expense shall become the properiy of the LESSOR at the end of the Lease period.
LESSEE agrees that all alterations will be done in a workmanlike manner and in conformance with
applicable building codes, that the structural integrity and building systems of the building wiil not
be impaired, and that no liens will attach To the premises by reason thereof.
[26] Amended. Anything herein contained to the contrary not withstanding, this Lease may be
terminated, and the provisions of this Lease may be, in writing, amended by mutual consent of the
parties hereto.
[27] Services Provided in Lieu of Cash Rent. The LESSOR agrees to accept, in lieu of the basic rent
that would normally be specified in Paragraph [4] of this agreement, services provided by the
LESSEE in the form of garden plots, as outlined in Exhibit "B", that the LESSEE will make
available to residents of the City of Saint Paul.
[28] Sewer Easement. To provide access to a sewer line running under the Leased Premises, LESSEE
agrees it will not permit garden plots within an area defined as eighteen feet on either side of a Base
Line running from a point on ta southerly extension of the West Line of Block 26 and seventeen feet
(17.00') north of the Center Line of unimproved Ashland Avenue; thence easterly and parallel to the
said Center Line for ninety seven and eighty five one hundredths feet (97.85'); thence northerly to
a point on the Southwest Line of the Ayd Mill Road Right-of-Way and one hundred thirty feet
(130.00') southeast of the intersection with the West Line of said Block 26, as highlighted in blue
on Exhibit "A".
Page 9 of 10
o�-rr�r
IN WITNES5 WHEREOF, the parties hereto have set their hands and seals the day and year in this Lease
first above-wTitten.
LESSOR:
City Attorney (Form Approval)
�� ��
LESSEE:
Its ��P 5���'�fi
Its
1. � vicc �re s
Its
Mayor
City Clerk
Director of Technology & Management Services
Department Director
Page 10 of 10
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