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244644 ORi61NAL TO CITY CLHRK �24464� � ' ' CITY OF ST. PAUL FOENCIL N � ` OFFICE OF THE CITY CLERK UNCIL RES LU ION-GENERAL FORM �-.- PRESENTED BY COMMISSIONE DAT� RESOLVED, That the Council of the City of Saint Paul does hereby concur in the action taken by its Board of Water Commissioners as represented by its Resolution No. 2163, adopted June 24, 1g6g, a copy of which is attached hereto; be it FURTHER RESOLVED, That the proper City officers are hereby authorized and directed to execute, on behalf of the City, Lease Agreemen.t between the City of Sain.t Paul � and National Checking Compan.y pertaining to lease of a portion of Water Board property for a term of twenty (20) years commencing July l, 1969, for an an.nual rental of Three Hundred Dollars (�300.00) , a copy of said Lease being attaohed hereto and incorporated herein by reference. FOR APPR� .Cor io� Co 1 JUN 2 5 1969 COUNCILMEN Adopted by the Councii 19— Yeas Nays J U N � 5 1969 Carlson Dalglish Approvec� 19—_ Meredith Tn Favor Peterson ' � Mayor A gainst Tedesco Mr. President, Byrne �Ifr ��N 2� �� O CITY OF ST. PAUL �44 No._ �'� '' . , ��4 . OFFICE OF THE BOARD OF WATER COMMISSIONERS RESOLUTION —GENERAL FORM PRESENTED BY �'�'� � �1 �� COMMISSIONER DATE _ �� ,� �'h+r xat�ta�l � �f � �ti�aasOta �'a�iay �atis� i�qa��et�t tLat t2�r t31iq► at �aiat Pwl te�orr �S Doar�4 at i�s'� Cara�iasia�a�r� l+war� ap�praaciasi� 19tt3 �tla�e► lest a�t l�a�d loaated in �s sa�t�set ao� at tha Wstar Dirp�rt�a�� St,argysrd p�rapaartiga, 1.ots 1,� and 15, Avdi.t�r�o� S�bd�ir3aio�p► bio. �7, [i6teae�is Adcl3�ic�, � aiiw co��ruc�i.an c:t aaacre�.s toc�tin�e a�d laadi.� pla�i'ru�s �rith a nreLal clsd baild� to ba 4acut�tct�d 'th�orson; a�nd, �'�AS, Th� tern cat' th� lea�r bol� ta� a ZO �ar ,p�siod aa�t�� ad .t� l� �969 �d terain�►ti� aa dw�ae �t3, 4��, a�ad graridi� • aanaallatiam a:�r►r� �� ,t�s� • tirre yw�r pa�iod tith� p�►rty �aa� t�iriat�► sa�d lsas� uy�on �iv►i� �ue► a� part,�► ome y+ear�a xri�t.en a�otia�; �� r�at�nl tv� �a3d prwde�a �11 b� �.t� +��y; t.bat e�aid l�s� �.e etcb��c:� s��3tio+�r t�c� t�a�ra a�re�nt+r noM �► enri�rt�o�� b��n �b� $vard ot kate�r Gaa�mis�ir�ru�� t t��t Ci�r o! Si3a� P�m�l as�id t�M C�t�; 1!�11.r+�lc�e,� S�C. P�w1 aad PaaiP`l.o R�i2rc�d Cor�aqy�, ,ral.d s��s b�i� dat�d Ap�l �,�s 19'13 aad �l.1 2?, i 91 h; and, ��+AS, 3'�a Genea•al �da�►g�r, Mr. C1it�nard �F. Hwtl�+l�xy tyscws4+ds '�ha6 wuth a 1M�s�r b� apprar�cl b� �hi Haard, lT4�kT� �]3�'JR'�� BE I'P R�801�PSD, T2�t i�►s �aaard authariss� and d�x'iofi�s it.s ottio�e'a te rac�ets �a►i+� 1� o�► b�a].f o� ti�s BoMx�1, aad ak�►r�urr� �t�at � Cit►T Ca�amil a1�11 a�r 3a� .#� �st3oa aRt i� �ia�rd aa�cl �2 a�c+�#�r said 1NUa ao D�halt at �r Ci� at �i�t Pa�1. Water Commissioners Adopted by the Board of Water Commissioners Yeas Nays ��'� _ ��A � 196 p �� Q In favor 3 Opposed __ ` �O ASST. SECY. V / ' f _ • . � 244s�� L E A S E THIS AGREEriENT, made and entered into this day of , 1969, by and betiaeen the � CITY OF SAINT PAUL, r1INNESOTA, a municipal corporation; Lessor, and the NATIONAL CHECKING COMPANY, a Minnesota corporation whose mailinb address is 1381 riarshall Avenue, Saintt�'aul , Minnesota 55104, hereinafter called Lessee. That the Lessor does hereby demise and let unto Lessee the following described property: Approaimately 1943 square feet of land located � in the sotiilnsest corner of Water Department Storeyard properties , Lots lj and 15 , Auditor' s Subdivisioti \o. 27 , Kittsondale Addition, more particularly described as follo�as : All tl�at �and lyiii� <<rithin an area bourided �nd described as follo��s : Beginning at the south- westerly cor.ner of Lot 13 in Auditor' s Subaivision No. 27 , Kittsonclale Addition, tlience easterly a distance of 4j ' along the southerly line of Lot 13, thence northerly 6'7 ' , thence westerly to the intersection with the :�iil��rauliee Railroad side . . track, thence south<<esterly along the easterly � tracl� to the soutYierly line of Lot .13 , extended, thence easterly 5 ' to the point of beginnin�, containing . 045 acres , more or less. Subject to the existing easement aranted to the Gross Tietal Products Company on riarch 16, 1925 , Council File 58458. Certificate of Survey dated :�iay 1969 by the Charles 0. Georgi Couipany is attached hereto , designated "�xhibit A" , and by this reference made a part hereof. The term of this lease shall be for a period of t�aenty (�0) . years commencing on July 1 , lg6g, and ter►uinating on June 30, 198g. After five ( 5) years from the date hereof either the Lessor or the Lessee shall have the right to terminate this Agreement at any time and for any reason wliatsoever iipon i�he � giving of the other party one (1) year' s 1�ritten notice thereof. • . The Lessee agrees to pay any and all taxes and assessments that are levied �against the leased premises during the term of this lease. At the expiration of this lease or upon termination of this lease, the Lessee shall remove the buildings and � improvements placed thereon by the Lessee at its own cost and expense. In consideration of the foregoing the Lessee agrees to pa�� the follotaing rental for said premises , the sum o� Three Hundred Dollars (�300. 00) per year, said annual rental to be paid at the office of tlie Board of j�ater Commissioners in tlle City of Saint Paul by January 1 in each year. The Lessor further agrees that the Lessee may use as much of the e�.isting Water Department spur track as lies betsJeen Marshall .Avenue and the northerly limits of the tract of land above described, conditional in that such use shall in no r. manner alienate the use or the rights and privileges tahich said Water Department has in and on said. tracliage , and t17at this agreement is maae subject specifically to those a�reements now in existence Uetween the Board of Water Commissioners of the City of Saint Paul and the Chicago , riili�aulcee , Saint Paul and Pa�ific Railroad Company, said agreements being dated April 23, 1g13 , and April 2'] , 1914. It is further agreed that the Lessee be permitted to construct concrete footings and loading platforms iaith a metal � elad building upon said herein demised land; and that Lessee shall furnish guarantee bond in the amount of P'ive Tl�.ousand Dollars (�5 , 000. 00) to insure removal of above construction at ttie end of this lease period or upon termination at an earlier date. 2 ' � . Lessee shall forever indemnify and save harmless , protect , and defend the City of Saint Paul and the Board of Water Commissioners from any and all liability, suits or demands , including the legal defense costs thereof, for bodily injuiies (including death) or property damages , including loss of use, arising out of operations on premises for �,�hich said lease is issued, which provision shalltnot , ho�aever, apply tiahere such bodily injury or proper�ty dama�e is caused by the sole negligence of the City of Saint Paul or the Board of jJater Commissioners , �ts officials or its employees. � Lessee shall take out and maintain during the life of the contract , comprehensive public liability (including automobile) insuraiice for and in behalf of itself, the City of Saint Paul and the Board of Water Commi,ssioners as joint insureds �which wil.l protect the City, the Board and Lessee from claims for daluages and bodily injuries�, including accidental death, as �eell as �rom claims for property , � damage which may arise from operations , 'all owned, leased and nono��ned vehicles , incidental to the contract , including coverage for damage to structures or underground facilities of any kind, whether such operations be Uy the Lessee or by any contractor or sub—contractor or Uy anyone directly or indirectly employed by either of them. Such insurance shall also include Contractual Liability coverabe and shall insure the liability assumed. by the Lessee und�r the indel�inificatior. clause contained in this contract. The mini�uum amounts of such public liability insurance sliall be as follo�ls : � Bodily i�ijury insurance (includin� cleath) in an amount of not less tlian �250, OOO. UO for all dama;es arising out of bodily injuries to or 3 , ' . death of one person, and subject to the same limit for each person in a total of not less than �500, 000. 00 on account of any one occurrence. Property damage insurance in an amount of not less than �150, 000. 00 for all damages to or destruction of property in any one occurrence, and subject to that limit per occurrence; further suUject to a total of not less than ' �200, 000. 00 for all damages to or destruction of property during the policy period. The Lessee shall take out and maintain. workmen' s compensation insurance providing at least s+tatutol°y limits as provided by the la�as of Minnesota. Said above described insurances shall include the provisiori they cannot be altered or cancelled excep�L oii 1;hirty days ' written notice to the Board, aiid suc}i insurances shall meet with the � appi oval of tlie Corporatioiz Counsel of the City of Saint Paul . Acceptable �vritten proof of said insurance shall be delivered to the Board �aell in advance of the time contetnplated for conunencin� any operation pursuant to this agreement and no said operations shall be commenced, carried on, continued or r. perinitted except after the Board has given Lessee its written approval of said insurance , and said insurance thus approved is in force and effect . IN WITNESS WIiEREOI', the parties hereto have executed these presents in triplicate the day and year first above Saritten. In Presence Of: CITY OF SAINT PAUL, r1INNESOTA By biayor City Clerlc Appr red as t Form: Countersigned: � A �si Caiit C i•pora i i � uiisel City Co�►►ptr•ollei 4 . _ , - ° ' ' � . . , . In Presence Of: BOAR.D OP' ��IATER CO��IISSIONERS . OF THE CITY OF SAINT PAUL By President Secretary . Approved: General tlanagei- Water Departmerit • • In Presence Of: NATIONAL CIiECKING COTTPANY By President Secretary-Treasurer Approvecl as to form and eaecution ttiis day of , 19�g . r. Assistant Corpoi•ation Counsel � 5