D001708CITY OF SAINT PAUL
�
OFFICE OF THE MAYOR
ADMINfSTRATIVE ORDER
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ADNIIl�iISTRATIVE ORDER,
No: ��ai7o�
nate: 1 °� �' / �
BE IT HEREBX ORDERED, that the proper Ciry officials are authorized and directed to execute a one
yeaz lease agreement, leasing to Suzanne 5tenson, an adjoining property owner, approximately 7,300 square
feet of vacant land, lying along the north side of Cliff Road between Ann and Michigan, to be used as a
garden plot°
AFPROVED AS TO FORM
d���� ^e^ S°'� l7 �`I t� � Gi, ��CU6` .aJ� . ll/�
Assistant City Attorney Deparpment Hea �� �
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Date
���<, �zs5c�ti Y�— ,
A mistrative Assistant to Mayor
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T.M.5.lREAL ESTATE DIVISION
'ontact Person and Phone NumLer:
Dave Nelson
266-8850
Date: May 11,1999
2 EPARTMEi
.o
.r�°` 1 QTT ATTQ]
Green Sheet
UDGfiT DIRECfOR
Comn7 Agenda bq:
, # OF SIGNATU
[�1 �EQUESTED:
� 3 ��`�y�
ALL LOCATIONS FOR
To authorize Lease Agreement PW/20, a one year lease, to Suzanne Stenson, of approa�mately
7,300 squaze feet of vacant land on the north side of Cliff Road to be used as a garden plo�
Ref: i. Administrahve Order for signature; 2. Sample copy of Lease Agreement PW/20.
svcs
;RSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING:
Has the persov/Firm ever woriced uoder a conhactfor this departnient? YES NO
PLANMNGCOMMI.ASWN
� STAFF
Has this perso�Srm ever beep a CiTy employee?
cmc
YFS NO
. Does tLis person/6rm possess a skiD aot aonnally possessed by any Y�S NO
cmxent C1Ty employee?
Cffi COMMTITRE
-- Iain alI YES a�wers on a se te sheet a� attacli.
IRTS WHICH COUNCIL
:TIVE?
CIL WARD(S) Z DISTRICT PLAIVNING COUNCIL g
�TING PROBLEM, ISSUE, OPPORTUNITY (Who, Whay Wheu� Where� Why?):
Suzanne Stenson offered to lease the propertg for garden space.
9.GES IF APPROVED:
The lessee will have use of the property for garden space. The City will realize rent of $60.85 a
month.
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NfAGFSIFAPPBOVFA: q � _ .�_ . __ � , _�
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None ;�,:,� � � 3Jaa
'ANTAGESIFNOTAPPROVID: ..,. ._ �.'' � � � ... ___`___.,
The lessee will not have the garden space; the CSty will not receive the rent
AM�UNT OF TRANSACTIQN: $$^� COST/REVENUE BUDGETED (CIRCLE 4NE) YES NO
�c so�cE: N�A ncz�rY rro�Ex: N!A
INFQRMATION: (EXPLAIN)
������F�'^
MAY 2 6 1999
�JTY �LE��
cocm�ac
C[.ERK
.
(Pw20)
Revised
Authority (C.F. or A.O.)
LEASE NO.
FTNANCE DEPT. LEASE NO. PW/20
DATE: May 1. 1999
LESSOR: CITY OF SAINT PAUL
DEPARTMEI�T OF PUBLIC WOT2KS
LESSEE: SUZANNE STENSON
CITY OF SAINT PAi3L
STANDARD LEASE
AGREEMENT
[1] Leased Premises. The LESSOR, 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 LESSEE the premises hereinafter referred to as
the "Leased Premises," whose address is:
7,300 squaze feet, more or less, of vacant land lying north and east of Cliff Road between Ann &
Michigan, as shown in Exhibit "A" pian or map of leased area and as described in Bxhibit "B", both
. of which are incorporated herein by this reference. ,
[2] Term of Lease. This lease shall be in effect for a term commencing and ending on the dates
indicated below, uniess terminated eazlier by the LESSOR as provided herein.
Term
(Months/I'ears) Commencing Date Ending Date
1 yeaz May 1, 1999 April 30, 2000
[3l
.
[4]
Use of Premises. The LESSEE shall use and occupy the Leased Premises for the following purpose:
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 oP 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 L.ease Term
$730.20
3chedule
(Payment Period — Commencing Date —$ per Period)
monthly May 1, 1999
$60.85
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(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 ander this paragraph or
other provisions of ffiis Lease. Additional 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, sewaQe 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, char�es
and assessments, general or special, of any kind upon the Leased Premises; and
property insurance premium andJor uninsured losses as set forth in paragraph (7) of
this I,ease.
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.
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LESSEE shall make all payments of Basic Rent and Additional Rent to LESSOR at the following
address:
Public Works Accountine - 1000 Citv Hall Annex - 25 West 4"' Street - St. Paul. MN 55102
The applicable account number for City Finance Accounting Code is:
All Basic and Additional Rent sha11 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.
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[SJ Taxes. LESSEE shall be responsible for and pay all t�es and assessments a�ainst 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, hoivever, that in the event this
Lease is terminated by either party, LESSOR may at its option require the LESSEE to pay such
contested taxes pending appeai, to place in escrow a sum sufficient to pay said taxes, 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] Ri2ht of Entr� 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.
[�
(A) LFSSEE'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
Property Insurance on, its personal property.
{2) 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 occunence
shall be purchased by the LESSEE. Such insurance shall: (a) name the City of Saint
Paul as additional insured; (b) be primary with respect to LES50R'S insurance or
salf-insurance; (c) 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.
[7] Tnsurance.
(3)
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.
•
(4)
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.
(5)
Nothing in this conuact shall constitute a waiver bp the LESSOR of any statutory
limits or exceptions on liabil'aty.
(6) LESSEE shall place the insurance with responsibie 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 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.
(7) Insurance limits shall be subject to the tort claims liability limits as sei forth in
chapter 466 of Minnesota Statutes.
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(B) WaiverofSubroeation.LESSORwaivesitsrightofSubronationfordamaQetotheBuilding
contents therein, loss of use thereof, and/or loss of income, up to the amount of insurance
proceeds collected. LESSEE tivaives its right of Subrogation for damage to property in the
Leased Premises, loss of use thereof, loss of income andlor accounts receivable, up to the
amount of their respective insurance proceeds collected. The parties shall notify their
respec[ive 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 shall be subject to cancellation and termination by
LESSOR at any time durina the term hereof by gavin� the LE5SEE notice in writing at ninety (90)
days 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 unearned rental paid by the
LESSEE �vithout interest.
[9] Notice. All notices herein provided to be given, or that may be given by either par[y 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 posta�e prepaid, and addressed
to the LESSEE at the address stated on page (i ) 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.
[10) Assignment and Sublettine. LESSBE shall not assi;n 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 I.eased Premises.
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[ll] Maintenance and Re�airs. LESSEE shall, at its own cost and expense, be responsible for all
repairs, maintenance and upkeep of the Leased Premises, including but not limited to emergency
repairs of any kind; routine maintenance and repair to keep the L.eased 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 I.eased Premises in good con-
dition, including (a) the exterior (including windows and doors) and interior structure of the
buildinos or structures, (b) the roof or roofs, (c) 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 regazdless of the cause of the damage or condition
necessitating the repair or maintenance.
[12] Payments in Case of Defaul� 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 L.ease,
or to recover possession of said property, whether such action progresses to judgment or not.
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• [13j 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
LFSSOR in as good order and condition as the property was delivered to the LE5SEE.
[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 ali claims, demands actions or causes of action
of whatsoever nature or character, arising out of or by z'eason 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 resuit of the operations or business activities taking place on the Leased Premises. It is fully
understood and agreed that LE�SEE is awaze of the conditions of the Leased Premises and leases
the same "as is."
[15] Hoidover. Any holdover after the expiration of the term of this I.ease shall be allowed only after
receiving the written consent of the LESSOR. Said tenancy shall be deemed to be a tenancy only
from month-to-montY�. 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 comply.
(17] Controtling Lease. Tn 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 aLreements as of the
effective date of this lease.
[18] Events of Default. The occunence of any oP the following events durine the term of this Lease shall
• constitute an event of default by the LESSEE: y
5
• (A) the filing of a peution to have LBSSEE adjudicated bankrupt or a petition for reor�anization
or arran�ement under any laws of the United States relating to bankruptcy filed by LESSEE;
(S) in the event a peution to have LESSEE adjudicated bankrupt is filed against LESSEE, the
failure to dismiss such petition within ninety (90) days from the date of such filina;
(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 procaedings;
(D) LESSEE makes any assignment for the benefit of creditors;
(E) the failure byLESSEE to timelypay Basic Rent or Additional Rent as required by this Lease;
(� the failure by LESSEE to observe and perform any covenant, condition or agreement on its
pazt to be observed or performed as required by this L.ease; 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.
• Tt 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 paragraph
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 I.ease 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 entitied upon such reenuy notwithstanding any other provision of this Lease, to
exercise such rights and remedies as are provided in Paragraph (24) of this Lease.
[19] Co �liance with 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 affectin� 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.
[20] Liens. The LESSEE shall not permit mechanic's liens or other liens to be filed or established or to
remain aaainst the Leased Premises for labor, materials or servaces fumished in connection �vith 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
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• 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 during the
period of such contest. If, in the opinion of the LESSOR, the nonpayment of any such items subjects
the I.eased Premises to any loss or forfeiture, the LESSOR may require the LESSEE to use the es-
crow account to promptly pay all such unpaid items and if LESSEE faiis to pay from the escrow
account, the LESSOR may pay and chazge the LESSEE as Additional Rent.
[21] Eminent Domain. In the event the entire Leased Premises are taken by eminent domain, or such
portion thereof is so taken that in LESSEE'S reasonable jud�ement it is uneconomic thereafter to
restore the Leased Premises and proceed under the terms and provisions of this Lease, LESSEE may
terminate this Lease by giving to LESSOR thirty 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 Award of Compensation
for the takin�, notwithstanding any other provision of law, this Lease or any other agreement.
LESSEE may to the extent otherwise permitted in the eminent domain proceedin�, remove its own
trade fixtures at its own expense.
• [22] Default of Pa�ment. LESSEE agrees that, should it default on any payment owing and due to be
paid to LESS012 as provided in this agreement including but not limited to Basic Rent and
Additional Rent, then the remaining unpaid balance shall, atthe option of the LESSOR, immediately
become due. Said LESSEE further aorees that the LESSOR may, at its option and without notice to
LESSEE, enter judgment against LES3EE in Ramsey County District Court for the amouni of the
unpaid balance. And LESSEE does hereby confess judoment in the amount of the unpaid balance
due upon default, and does authorize the LESSOR to enter judgment as provided above. LESSEE
does hereby agree that the LESSOR, at its option, may enter a judgment, at any time 4vithin one year
of the time the last payment shall have come due, for the full amount of the unpaad balance due
pursuant to the confession of judgment provided herein.
[23] Alterafions. 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 desctiption sha11 first be submitted to and approved by the LESSOR and
such alterations shall be done by the LESSEE at its o�vn 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 property of the LESSOR at the end of the L.ease period.
LESSEB agrees that all alterations will be done in a workmanlike manner and in conformance with
applicable building codes, that the structural in[egrity and building systems of the building will not
• be impaired, and that no liens will attach To the premises by reason thereof.
• [24] Amended. Anything herein contained to the contrary not withstanding, this L.ease may be
terminated, and the provisions of this Lease may be, in wriun�, amended by mutual consent of the
par[ies hereto.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year in this L,ease
• first above-written.
LESSOIt:
Mayor
City Clerk
Director of Technology & Management Services
.
Department Director
City Attomey (Form Approval)
LESSEE:
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EXHIBtT "B"
to
LEASE AGREEMENT PW/20
All that part of Ziegler and Maizizer s Subdivision of Block 13, Winslow's Addifion taken for street right-of-
way lying easterly of a line 25.00 feet easterly of and parallel to the west I1ne of Lot 5, said Ziegler and
Mainzer's Subdivision and northerly and westerly of the following described line:
begimung at a point on the west line of Lot 4 of said Ziegler and Ma.inzer's Subdivision, a distance
of 4.77 feet north of the southwest corner of said I.ot4; thence easteriy 22.72 feet to apoint 5.78 feet
north of the south line of said Lot 4; thence northeasterly along a tangenfial curve concave to the
northwest hauing a radius of 296.0 feet, a distance of 223.87 feet, thence northeasteriy, tangent to
the last described curve, a distance of 86.74 feet to a point 4.80 feet south of the north line of said
Ziegler and Mainzer's Subdivision, said point being "Point A", and there terminating;
and southerly and westeriy of the following described line:
beginning at said "Point A"; thence northwesterly 5.02 feet to a point on the north line of said
Ziegler and Mainzer's Subdivision, 282.31 feet east of the northwest corner of said Ziegler and
Mainzer's Subdivision and there terminating.
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