07-901Return copy to: jmb
Public Works Tech, Services
1000 City Hall Annex
Council File # (}�
Green Sheet # 3043690
RESOLUTION a-�
O� SAf_AY�PAUL, MINNESOTA
Presented
WFTEREAS, since 1981 the City has leased, through Lease Agreement PW/13, 42,700 squaze
feet of vacant land adjacent Ayd Mill Road and abutting unimproved Ashland Avenue to the
Snelling/Hamline Community council to provide community gazden plots; and
WHEREAS, the instrument of that lease has a renewal date of August 1, 2007; and
WHEREAS, it is the expressed intention of both parties to extend the lease for an additional five-
year term; and therefore
BE IT RESOLVED, that the proper City officials aze hereby authorized and directed to execute
Lease Agreement PW/13 as attached.
Requested by Departxnent of:
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Form Appr by Ciry omey
BY� -' �� �. S .
Form A v d Mayo r mi ' to Council
By:
Adoption Certified by Co cil Secretary
BY� � S
Approve y M . D „ � °/ / �h -�_
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
D� �90 /
p�(�I —Pubtic wo�ks
Contact Person 8 Phone:
Jean Borgen
266$866
Must Be on Council Auen
Doc. Type: RESOLUTION
E-DOCUmerrt Required: IJ
DocumeM CoMad:
ConWct Phone:
ToW i# of Signature Pages
06SEP-07
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Auign
Number
Fw
Routing
Order
(Clip All Lowtions for Signature)
Green Sheet NO: 3043690
0 blic Works
1 ublicWorks De artmentDirector
2 ' Attorne ChadSfaW
3 a or's Office Ma orlAssistant
4 oupN
5 ' C1erk Ci Ckrk
CONSENT AGENDA. Renew lease for community group to continue planting garden as they have on ttils site since 1981. No rent
five-yeaz lease for beau6fica5on project, with clause added for City to easily repossess, if necessary, for any Ayd MIlI pmject.
Pianning Commission
Ci8 Committee
Civi1 Service Commission
1. Has this person/firtn ever worked under a contract for this department?
Yes Na
2. Has this perso�rtn ever been a city employee? '
Yes No
3. Does this person/firtn possess a skill not twrmally possessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, {ssues, Opportunity (Who, Nfiat, Wheq Where, Why):
Unused City land that volunteer gcoup, in association with Snellingf IIaniline Community Center, beautifies.
AManWges If Approved:
City land wiil be landscaped and maintained at no cost to the City.
�isadvantages If Approved:
None foreseen.
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Disadvantages If NM Approved:
City would have to resume maintenance of property.
-- 'Transaction: $
Funding Source:
Financial lnformation:
(Exp(ain)
Activity Number.
f - s;n- - . , ' �»- f•
a7Li 1 � LUo�
CosURevenue Budgeted:
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September 6, 2007 10:57 AM Page 1
(File Name_ PW13 1
Revised
Authority (C.F. or A.O.)
LEASE NO. PW/13
BATE:_ _ _ 7une 22, 2007
LESSOR: CITY OF SAINT PAUL
DEPARTMENT OF PUBLIC WORKS
LESSEE: Snellinp/Hamline Community Center
1684 Selby Avenue
Saint Paul_ Minnesota 55104
a7-�DI
CITY OF SAINT PAUL
LEASE
AGREEMENT
1) Leased Premises. The LBSSOR, in consideration of the payment of the 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 LESSBE the premises
hereinafter refened to as the "Leased Premises," consisting of 42,700 square feet of vacant land
which is legally described as:
From the Point of Beginning on the West Line of Block 26, Anna E. Ramsey's Addition to
the City ofSaint Paul thirty feet (30.00) south of the intersection ofsaid West Line with
the Southwest Line ofAyd Mill Road Right-of-Way; thence southeasterly for four hundred
feet (400.00) more or- Zess through a point on the South Line ofsaid block 26 and fifry
feet (50. 00) west of the intersection of said South Line with the said Southwest Line of
Ayd Mi11 Road right-of-way and continuing to the cenfer line of unimproved AshTand
Avenue; thsnce westerly rzlong said center line for• three hundred feet (3D0. DD) more or
Zess to the intersection of a southerly extension of the said West Line ofsaid Block 26;
thence northerly hvo hundred seventy feet (270.00) more or less to the Point of
Beginning.
together with any buildings, fixtures in such buSldings, improvements and structures, i£ any,
located thereon;
See Exhibit "A", plan or map of leased area wkuch is incorporated herein by this reference.
2) Term of Lease. This lease shall be in effect for a terzn commencing and ending on the dates
indicated below, unless terminated earlier by the LESSOR as provided herein.
Term
(Months(Yeazs)
Commencing Date
Ending Date
Five years August l, 2007 July 3l, 2012
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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 1'vnited to 400 square feet, in one
corner of the Leased Premises may be used for composting, provided that composted material
thereby produced shall not be offered for sale, nor shail income otherwise derive from such use
of the premises; and also except as qualified in Pazagraph (28),
and for no other purpose without the prior written consent of LESSOR.
4) l2ent. 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
Payment Schedule
Total Basic Rent
During Lease Term
See Pazagraph (27)
all utilities, including water, electric, gas, telephone, sewage and gazbage
collection and disposal;
i)
ii)
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costs for the repairs, improvements or alterations required to be made by the
LESSEE in paragraph 11 of this Lease;
charges and
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or personalty,
$ per Period)
N/A
I a11 public rates, dues,
kind upon the Leased
properiy 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 reguired 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 tt�e LESSEE by
LESSOR.
Commencing Date
August 1, 2007
b) Additional Rent. Additional Rent means all amounts, other than Basic Rent provided for
in Paragraph (4-a) above, that LESSEB sha11 be obligated to pay under this pazagraph or
other provisions of this Lease. Additional Rent shall include, but is not limited to, the
following fees, costs and eapenses:
(Payment Period
lJ�-�I6/
LESSEE shall make all payments of Basic Rent and Addifional Rent to LESSOR at the
foilowing address:
The applicable account number for City Finance Accounting Code is:
All Basic and Additional Rent shall be payable on the date certain provided herein, or if no date
certain is provided, within 30 days of the billing date. The LESSOR shall charge interest of 1.5%
per month on any Basic or Additional Rent remaining unpaid beyond the due date as here
provided.
� Taxes. LESSEE shall be responslble for and pay all tases and assessments against the Leased
Premises, except that LESSEE may at its own expense contest and challenge the imposition or
amount of any such taY or assessment as prescribed by law; provided, however, that in the event
this Lease is terminated hy either pariy, LESSOR may at its option require the LESSEE to pay
such contested taxes pending appeal, to place in escrow a sum sufficient to pay said taaces, or
take other action that will remove said contested t�es as an encumbrance to title or as an ex-
ception to the transferability of marketable title to the Leased Premises.
b) Rieht of Entrv. At all times during the term of this lease, the LESSOR shall have the right, by
itself, its agents and employees, to enter into and upon the Leased Premises during reasonahle
business hours or, in the event of an emergency, at any tune for any legitimate purpose.
� Insurance.
a) LESSOR'S Insurance. The LESSOR shall acquire and keep in effect during the term of
this agreement the following coverage:
i) FIRE AND ALL RISK INSiJRANCE, on the Leased Premises with limits of not
less than $ shall be purchased by the LESSOR; the LESSEE shall pay, as
Addifional 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 wvered by insurance, it shall be
the responsibility of the LESSEE, within a reasonable time, to pay a11 costs to
repair or replace the damaged property with like kind, such reasonable time to be
deternzined by the LESSOR. LESSEE shall be responsibie for insurance of its
own property.
b) LESSEE'S Insuzance. The LESSEE shall acquire during the term of this lease the
foliowing coverage:
i) The LESSEE shall be responsible for the self insurance of, or the acquisition of
Commercial Pmperty Insurance on its personal property.
ii) COMM.ERCIAL GENERAL LIABTLITY INSUI2ANCE includ'ang blanket
contractual liability coverage, personal injury liability coverage and broad form
property damage liability endorsement with a combined s'vngle limit of not less
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than $1,000,000 per occurrence shall be purchased by the LES5EE. Such insur-
ance sfiall: (a) name the City of Saint Pau1 as additional insured; (b) be primary
with respect to LESSOR'S insurance or self-insurance; (c) not exclude explosion,
collapse and underground properiy damage; (d) be written on an"Occurrence
Form" policy basis; and (e} not contain an"aggregate" policy lunit unless
specifically approved in writing by LESSOR.
iii) AUTOMOBILE LIABILITY INSURANCE with minimum limits of $1,000,000
combined single limit and $2,000,000 aggregate, covering hired, non-owned and
owned automobiles.
iv} WORKERS' COMPENSATION INSURANCE with not less than statutory
minimum limits; and EMPLOYERS' LIABILITY INSURANCE with minimum
limits of at least $100,000 per accident and with an all states endorsement.
v) The LESSEE shall supply to LESSOR current insurance certificates for policies
required in Paragraph (7). The said certificates sha11 certify whether or not the
agent has errors and omissions insurance coverage.
vi) The limits cited under each insurance requirement above establish minitnums; and
it is the sole responsibility of the LESSEE to purchase and maintain additional
insurance that may be necessary in relation to this lease.
vii) Nothing in this contract shall constitute a waiver by the LESSOR of any statutory
limits or exceptions on liability.
viii) 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 of this agreement. The policies requued in Pazagraph (7)
shall be endorsed to indicate that the insurer cannot cancel or change the
insurance without first giving the LESSOR tlurry (30) days written norice.
ix) Insurance limits sha11 be subject to the tort claims liability limits as set forth in
Chapter 466 of Minnesota Statutes.
c) Waiver of Subroeation. LESSOR waives its right of subrogation for damage to the
Building, contents therein, loss of use thereof, and/or loss of income, up to ihe amount of
insurance proceeds collected. LESSEE waives its right of subrogation for damage to
property in the Leased Pretnises, loss of use thereof, loss of income and(or accaunts re-
ceivable, up to the amount of their respective inswance proceeds collected. The pazties
shail notify their respective insurance companies, in writing, of the 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 shal] be subject to cancellation and termination by
LESSOR at any time during the term hereof by giving the LESSEE notice in writing at ninety
(90) days, (thizty (30) days for leases with a term of one (1) yeaz or less or any month-to-month
b�- Ibl
tenancies) prior to the date when such termination shall become effective. In the event of such
termination, and an the effective date of such termination, LESSOR shall rei�xm 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, 25 W. 4�' St., 1000 City Hall Annex, Saint Paui, Minnesota 55102. The address to
which the notice shall be mailed may be changed by written notice given by either pariy to the
other. Nothing herein shall preclude the giving of such address change notice by personal
service.
10) Assi�nment and Sublettine. 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.
11) Maintenance and Reuairs. LESSEE shall, at its own cost and expense, be responsible for all
repairs, maintenance and upkeep of the Leased Premises, including but noi limited to emergency
repairs of any kind; routine maintenance and repair to keep the Leased Pretnises 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 condition, anciuding (a) the extezior (including windows and doors) and interior structure of
the buildings or shuctures, (b} the roof or roofs, (c) the heating, ventilating and air conditioning
systems therein, (d) all electrical, plumbing, lighting, mechanical systems, fue 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 regazdless 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, uacluding
reasonable attorney'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, whether such acfion progresses to judgment or
not.
13) 5urrender of Premises. The LESSEE, at the expirarion of said term, or any sooner termination
of this lease, sha11 quit peacefully and surrender possession of said properiy and its tenant
buildouts and trade fixtures to LESSOR in as good order and condition as the property was
delivered to the LESSEE. LESSOR reserves the right to accep� tenant buildouts and trade
fixtures, or LESSEE must remove them.
14) Indemnitv. The LESSEE agrees to indemnify, defend, save and hoid harniless 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 chazacter, arising 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 aware of the conditions of the Leased
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Premises and Ieases the same "as is."
1� Holdover. Any holdover after the expiration of the term of this Lease shall be allowed oniy after
receiving the written consent of the LESSOR Said tenancy shall be deemed to be a tenancy only
from month-to-month. Ali other terms and conditions of this Lease shall be applicable.
16) Pollution and Contaminaats. LESSEE agrees to comply with ali 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 d'asposal 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 indemni£y, defend, save and hold harmless LESSOR from all
liability, including without limitation, fines, forfeitures, and penalfies arising from the faiIure by
LESSEE to comply with such ordinances, laws, zules or regulations. LESSOR has the right to
perform cleanup and chazge the LESSEE as Additional Rent for such costs should the LESSEE
fail to comply.
1'� Controlling Lease. In the event there as any prior existing lease or rental ag�eement between
LBSSEE and LESSOR (or its predecessor in interest) covering the subject property, it is agreed
and understood that this Lease shall cancel and termfnate any priar 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 untenable 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 (I S) days written notice to LESSEE; or
b) within fifteen (15) days agree to restore the premises within a reasonable time peziod
following the casualty, chazging the costs in excess of the insurance proceeds, if any, to
the LESSEE as Additional Rent; or
c) may direct that LESSEE prompfly restore the Leased Premises to substantially the
condition e�sting immediately prior to such damage or desizuction, and for that purpose,
if such damage 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 insur-
ance. 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 'unpaizment of the use of the Leased Premises as determined by
the LESS012, times the number of days of loss or impainment.
19) Events of Default. The occurrence of any of the following events during the term of this Lease
shall constitute an event of default by the LESSEE:
b��i4 /
a) the filing of a petition to have LESSEE adjudicated banlaupt or a petition for
reorganization or arrangement under any laws of tfie United States relating to bankruptcy
filed by LESSEE;
b) in the event a petition to have LESSEE adjudicated banlcrupt 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 pwsuant to any judicial proceedings;
d) LESSEE makes any assignment for the benefit of creditors;
e) the failure by LESSEE to timely pay Basic Rent or Addirional Rent as required by this
Lease;
fl the failure by LESSEE to observe and perform any covenant, condifion or agxeement 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 earlier.
It is an express covenant and agreement of LESSOR 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
pazagraph or in Paragraph (22) relating to liens by giving not less than ten days written notice to
LESSEE; 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 fiuther expzessly
understood and agreed that LESSOR shall be entifled upon such reentry, notwithstanding any
other provision of this Lease, to exercise such rights and remedies as are provided in Paraa aph
(24) ofthis Lease.
20) Comnliance with Laws. The properry described herein may be used for only the purposes stated
herein. It is the sole and exclusive zesponsibility of the LESSEE in the use of the properiy to
comply with all laws, rules, regulations or ordinances unposed by any jurisdiction affecting the
use to which the property is proposed to be put. Inabiliry or failure by the LESSEE to comply
with any of said laws, rules, regulations or ordinances will not relieve the LESSEE of the
obligafion 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 considerafion hereof, does hereby covenant and agree, as a
covenant running with the land, that
a) no person, on the ground of race, color, national origin, religion, sex, fairuly status,
disability, receipt of public assistance, sexual or affectional orientation, marital status,
creed or age shall be excluded from participating in, be denied the benefits of or be other-
wise subjected to discrimination in the use of said facilities;
07-�61
b) that in connection with the construction of any improvements on said lands and the
furnistvng of services thereon, no discrimination shall be pracficed in the selection of em-
ployees and contractors, by contractors in the selection and retention of first fier
subcontractors, and by fizst-tier subcontractors in the selecfion and retention of second--
tier subcontractors;
c) that such discriminarion 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, sleep-
ing, rest and recreation) constructed or operated on the Leased Premises; and
d) that the LESSEE shall use the premises in compliance with ali other requirements
iznposed pursuant to the Saint �aul Legislative Code Chapter 183_
22) Liens. The LESSEE sha11 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 sutn 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 sucla claims or mechauic's or other liens
filed or established and in such event may pernut the items contested to remain undischazged and
unsatisfied during the period of such contest. ff, in the opinion of the LESSOR, the nonpayment
of any such items subjects the Leased Premises to any loss or forfeiture, the LE�SOR may
requize the LESSEE to use the escrow account to promptly pay all such unpaid items and if
LESSEE fails to pay from the escrow account, the LESSOR may pay and charge the LESSEE as
Additional Rent.
23) Eminent Aomain. In the event the entire Leased Premises are taken by eminent domain, or such
portion thereof is so taken that in LESSEE'S reasonable judgment it is uneconomic thereafter to
restore the Leased Premises and proceed under the terms and provisions of this Lease, LESSEE
may temunate 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 share in
the Awazd of Compensafion 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 own trade fixtures at its own expense.
24) Default Remedies. In the event an Event of Befault occurs under patagraph (19) of this Lease,
LESSOR may exercise any one or more of ihe following remedies:
a) re-enter and take possession of the Premises without ternunation of this Lease, and use its
best efforts to lease the Premises to or enter into an agreement with another person for the
account of LESSEE;
b) ternunate this lease, exclude LESSEE from possession of the Premises, and use its best
efforts to lease the Premises to .or entez into an agreement with another in accordance
with applicable law;
0
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c) exclude LESSEE from possession of the Premises, with or without temvnating this Lease
and operate the Premises itself;
d) tenninate the Lease, exclude LESSEE from possession of the Leased Premises, sell ali or
any part of the Premises at the best price obtainable (provided such sale is pernaitted by
applicable Iaw,) such sale to be on such terms and conditions as the LESSOR, in its sole
discrerion, shall detemune 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 tlae Minnesota Uniform Commercial Code;
fl take whatever action at law or in equity may appear necessary or appropriate to collect
the Basic Rent and Additional Rent then due and thereafter to become due, or to enforce
perforxnance and observance of any obligation, agrezment 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 uuder this Lease.
No remedy herein confened upon or reserved to LESSOR is intended to be exclusive of any
other availabie zemedy 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
equiry 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 fime 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.
2� Alterations. The LESSBE will not make any alterations to the premises without the wtitten
consent of the LESSOR, such consent not to be unreasonably withheld. If the LESSEE desires to
make any such alterafions, an accurate descripfion 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 ihe Leased
Premises at the LESSEE'S expense shali become the property 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 will not be unpaired, 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
terniinated, and the provisions of this Lease may be, in wriUng, amended hy mutual consent of
the parties hereto.
27) Services Provided in Lieu of Cash Rent. The LESSOR agrees to accept, in lieu ofthe basic
rent that would normally be specified in Pazagraph (4) of this agreement, services provided by
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D� -�a�
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 n,n.»ng under the Leased Premises,
LESSEE agrees it will not permit gazden plots within an azea defined as eighteen feet on either
side of a Base Line runn;ng from a point on the southerly extension of the West Line of Block 26
and seventeen feet (17.00') north of the Center Line of uniinproved Ashiand 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 tliirry feet (130.OQ') southeast of the intersection with the West Line of said
Block 26, as lughlighted in blue on Exhibit "A".
29) Roadwav Puruoses. As it may be necessary by the City of Saint Paul Public Wozks
Department, the entire Leased Premises occupied by LESSEE, shall revert to the LESSOR.
LESSOR shall give as much notice as possible to the LESSEE of its intention to occupy the
premises for the purpose of widening, altering or repairing roadways, and/or using Leased
Premises for staging azea in the event of widening, altering or repairing roadways.
10
�'1-�a l
IN WITNESS WFIEREOF, the parties hereto have set their hands and seais the day and year in this Lease
fust above-written.
LESSOR:
Mayor
City Attorney (Form Approval)
City Clerk
Director — Office of Financial Services
Departrnent Director
LESSEE:
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Its
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