The URL can be used to link to this page

09-1321Council File #_�� Greeu Sheet # 3083857 RESOLUTION MINNESOTA � �, 2(attached) to Lease Agreement PD/7 for the construction of roadway and sidewalk improvements at the City's 3 Canine Training Center, which indudes indemnification clauses, with the Board of W ater Commissioners of 4 the City of Saint Paul at their Mc Carron's Water Treahnent Plant property. Yeas Nays Absent Bostrom �/ Carter ,/ Aarris �/ Helgen � Lantry Stazk ,/ Thune j / l! `� Requested by: � ° ( �P ic� arhnent �� By: J Approved by the � By: � Adopted by Council: Date ��0��drf Ap� Adoption Certified by Coun �I Secretary B By: � Approve y M y . Date � � Sy: to Council BE IT RESOLVED, that the Saint Paul Police Department is authorized to enter into a Third Rider � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �� 12�,1 � v r �-/v r DepardnenUOffiee/COUncil: Date Initiated: FS —FinancialServices 090CT2009 Green Sheet NO: 3083857 Conbct Person & Phone: Deoartrnent SeM To Person InitiallDate Bob Novak ♦ a �n�nc;� SerY��rs �� 266$863 1 olire De arimeot Chief ✓ '�� 2 Attorne ' AHOrne � Must Be on Council Agenda by (Date): Number 3 manciat Services OFS Direcror 28-OCT-09 For Routing 4 1'1lW' ' O'i Ma or/Assishnt Doc. Type: RESOLUfION _ Order 5 ouncil Cl' Comc� 6 i Cleric ' Clerk E-Document Required: N- 7 '°a°ciat Serrices Real Estate 106� CHA DocumentConWch � Contact Phone: Total ffi of Signature Pages _(Clip AII Loeations for Signature) Aetion Requested: CONSENT AGENDtL Approve third dder to lease PD(7 az the Police Depathnent Canine Traning Centet for improvements to the roadway and sidewalk Recommendations: Approve (A) or Rejed (R): Personal Service Conlraets Must Mswerthe Following Questions: Planning Commission t. Has ihis person/firtn ever worked under a contrad for lhis deparlment? CIB Committee Yes No Civil Service Commission 2. Has this personffirm ever been a ciry employee? Yes No 3. Does ihis person/firm possess a skill not normally possessed by any cucrent c�ry empbyee? Yes No � F�cplain ali yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunily (Who, What, When, Where, Why): The roadway and sidewalk need imptovements to better access the Canine Training Center at the McCarron's Water Treatment Plant property Advanqges If Approved: �,� i; ,., r '"_ „^ Access will be sa£er. � �`� � � �� Disadvantages IfApproved: ��q� �� None foreseen. � 1 ,' DisadvanWges If Not Approved: The pavement would be confinue to be uneven, maldng access less safe. TMaI Amount of Trensaction: $80,000.00 CosURevenue Budgeted: , Funat�y source: Canine Foundation act�viry Numner: Financial lnformation: The Canine Founda6on, which is an independent charitable oro ni�arion, will direcfly pay all project costs. (expiain) No ciry funds will be used. November 10, 2009 3:19 PM Page 1 09-1321 BOARD OF WATER COMMISSI0NER5 RESQLtlTION FOR�1 No 7o4i aReservTEO ev Rossbacfi September 8, 20o9 COMMISSIDMER DATF I W'E�EREAS, the Board of Water Commissioners did adopt Resolution No. 2742 which authorized a Lease Agreement between the Boazd and the City of Saint Paul allowing the City to carry out a police canine teazn training and exercise program on certain Board-owned property at the i�IcCazron's Tzeatment Plant (the "Pzetnises'�; and �VI�EREAS, the City desires to construct roadway and sidewalk improvements on the Premises in order to accommodate additional vehicle pazking; and WHEREAS, staff has reviewed the City's plans for said improvements and finds that present and future Board operafions will not be hampered by the construction of said improvements; and VYFIEREAS, staff has prepared a Third Rider to Lease Agreement which amends the Agreement to allow construction of said improvements; and WHEREAS, the city attorney's office has reviewed and approved said Third Rider as to form; now, therefore, be it RESOLVED, that the Board does hereby approve the Third Rider to Lease Agreement with the City of Saint Payl allowing for the construcfion of roadway and sidewalk improvements at the City's canine trauung center located at the Boazd's McCarrons W ater Treatment Plant property and that the proper officers aze hereby authorized and directed to execute said Third Rider on behalfof the Board. Water Commissioners Yeas Pzesident In £avor 4 Anfang Nays Kleindl Rossbach Harxis OPP�� AdoPted by the Board of Vvater Commissioners September 8, �p 09 �c�,��Q � � �� SECY. � 09-1321 Agreement # 02-11238-I THII2D RIDER TO LEASE AGREENIENT THIS AGREEMENT made this 8`� day of September 2Q09, by and betcz�een the BQARD OF WATER COM117ISSIQNEI2S ofthe City of Saint Paul, tilinnesota, ("Board"), and the CITY OF SAINT PAUL POLICE DEPARTMENT, ("City"), being the Third Rider to that certain Lease Agreement ("AgreemenY� made by and between Boazd and City on the 27�' day of June,1978, and as amended on the 9�' day of January, 1995, and by this reference incorporated herein and made a part hereof; C:'I Y Y►L31.�.y.�Y: A WHEREAS, Boazd and City did approve the A�eement for the purpose of allowingthe City to carry out a police catrine teamtraining and exercise pro�am on certain Boazd-owned property at tlie Boazd's McCarron's Water Treakment Plant ("Premises"); and WIIEREAS, Boazd and City did approve a First Ridei to Agreement dated June 10, 1987, which authorized installation of three overhead night light poles on the Premises; and WHEREAS, Boazd and City did approve an Amended Lease Agreement dated January 9, 1995, which extended the term of the Agreement to 3une 26, 2028, with all other tez�ns and conditions remaining unchanged; and WHEREAS, Boazd and City did approve a Second Rider to Agreement dated July 13,1999, which granted approval of a canine memoriat, as was previously approved by staff on March 22, 1995, and which granted approval of an addifion to the canine traiuiug building, as well as vehicle pazking and sidewaik improvements; and WHEItEAS, the City at this time desires to construct roadway and sidewalk improvements on the Premises to provide for additiona] velucle parking; and WIiEREAS, Section 9 of the Ag provides that "The City shall not make any changes or additions to the exterior of the canine training building or any other portion of the premises after complefion of the facilities as shown on the Apri127, 1978 plan for the Canine Training Center, except with the written authorization of the Boazd"; and WHEREAS, Boazd staff has reviewed plans for said improvements and does recommend approval, subject to proper safeguards ofthe property and works of the Board. V:lEn�neering\CLERICALIBOARD1AgeemenrsV.EASEICanine 3rd Aider_09-08-09.doc � Q9-1321 NOW, T'HEREFORE, It is mutually agreed by the City and the Board that the Izase Agreement dated the 27'� day of 3une, 1978, and as amended for an extended term on Ianuary 9, 1995, is hereby amended by adding the following Section 28, with all other terms and conditions unchanged and in effect: 28) The Board grants to the City permission to construct roadway and sidewalk improvements as shown on E�ibit "C", attached hereto and incorporated herein. This T7urd Rider to Lease Agreement is made and executed pursuant to and under the authority ofResolution No. 7041, adopted by the Board of Water Commissioners ofthe City ofSaint Paul the 8� day o£ September 2009. , i i � 4 � i ti:1ENGINEERING\CLERICALIBOARDWGREEMENTS\LEASE1CAlV[[SE 3RD RI�ER_09-OS-09.DOC Z IN WITNESS �VIiEREOP the patties hereta hace eaecuted these presents the ,�eaz as�d day first abave rzTitten. � Approved: BOARD OF WATER COMiYIIS5IONERS OF THE (:ITY OF SAINT PAUL By By Stephen P. 5chneider, General Manager Patrick Harris, President Saint Paul Regional Water Services Approved as to form: By Assistant City Attomey � � M. Harrington, Paul Police De Approveci as to form: By Assistant City Attomey By Mollie Gagctelius, Secretary {`.ITY OF SAINT PAUL, POLICE DEPARTMENT Chris Coleman, Mayor By Shazi Moore, Ciry Clerk By Mazgaret Kelly, Director Office o€Financial Services 09-1321 V:�ENGINEERING\CLERiCAL�BOARDWGTiEEMENT5II RIDER_09-08-D9.DOC 3 . ; � � . �1 09-1321 � [^ : �: i E: ; , �; i ,� ,. �, � �� o � �� ? � �� { 1 L _ 3: �' �� G�r S T��y e�cxt co,n c C�i�- a r �. . ` i �� / j � � e z" M�.T�v c.=V 3 B� i l � ,, ,; �. ��! 2" tVti v L�aT t_� 4 j3 m i t ��`� ��% i _.. _....- / f a�� r 1 i F �� I i �-'} i . , ---- ---- � y ...�� '�' - � ' , , � 'r- � ' . r ' -. ��: "�'��°n:,�'"'a;, i ` � {��:a Q /� '� � b'i"J �� i - . . . � f ,3�+:�°,� jg,, i [ (' � � 7 ��"1 ` �� l� g �f' � ' . : :. �%/ .r. n {�� i ' � . " .s'.�E� j I �I �p' � r' // ��{ � i A^ �: ,p j - � � � 7�{ `� �([ � . . .f� . C b °� `�� 'S" �`p' /,� 'i � � � � } !. F } `./_. ` a I a. X ' . . v?��/. �- m � ; � . . ` �,�.� 9 ' ' i "� V : .�'ts'� � . ``� 3 612 «r5 . - � I v� 9' / ' , o�,,.,. ,,ti ;�%� * ,� : i � , i /.' x ?�Q� '� p � � ' r rn � r,^ V L � �J r � I n� ` � °j.e ,r, �. � t , .�t �� I i �': �1� t ( 1 � rj.n J m� ` k.. t . — k ra r . �oo• °' � ' Exhibit "C" -.. 3e-o" , I � � �� , i —�- -- � � '1��=t 1.; 09-1321 LEASE AGREEMENT THIS AGREEMENT� Made and entered into this ��day of �� y�� i 1978� by and between the BOARD OF WATER COMMISSIONERS OF THE CITY OF SATNT PAi3L� MINNESOTA� pasty o€ the first part� hereinafter called the "Board" and the CITy OF SAINT PAUL-POLICE DEPARTMENT� with mailing address at 101 East Tenth Street� St, Pau1� Minnesota 55101� party of the second part� hereinafter called the ztGity��. WITNESSETH: � WHEREAS� The Board does hereby lease� demise and let unto the Gity and the City ' does hereby hire and lease from Board tfiat certain tract of land situated in the City � of Maplewood� County of Ramsey� described as foLLows and as shown shaded red on the attached E�ibit "A�� said tract of land hereinaftez designated as premises. That portion of the South One-half (SZ) of Section 18� Township 29 North� Range 22 West� County of Ramsey� State of Minnesota. To have and to hold the same for a term of twenty (ZO) years co�nencing on the 'ol��day of ��yt� � 1978� and ending on the �� day of �"v,va�, � 1948� subject to a11 the terms� covenants and conditions set forth in this Lease Agreement, This Lease may be extended foz an additional term subject to the approval of the &oard, I I i WHEREAS� The City hereby covenants and agrees to pay to Board the sum of Qne Dollar ($1.00) yearly in advance beginning on the co�encement date of this Lease� ; the sum of Qne I3ollar ($1.00) per year. WI-IEREAS� The Board maintains and carries out certain operations in resQect to the public water works system of the City of Saint Paul� located within said premises; and 09-1321 f-- WHE$EAS� The City desires percnission to enter upon said premises to carry out ', a police canine team training and exercise progra:a for tfie public; and WHEREAB The Board is willing to grant permission to the City consisLenY with the requirements of safety of said water works system and also consistent with the requirements and safety of Soard persons and property whomsoever and whatsoever� now or in the future located or to be located or relocated within said premises� as else_ where herein provided� NOW� THEREFORE� TT IS MUTUALLY AGREED by and between the partias hereto as follows: That� in consideration of Yhe mutual promises and agreements of the parties hereto� the Board hereby grants to the City� permission to enter upon the necessary portions of said premises and to use the same jointly with the Board� for the purposes aforesaid� subject to the following tetms and conditions. 1) Wherever the word Gity agpears herein� it sha11 mean and include the Cityts agents and employees� and wherever the word Board appears herein it shall mean and include Yhe Board of Water Commissioners and the agents and employees of said Board. 2) This geimit cannot be transferred or assigned by the Gity except with and according to written pezmission of the Board� if given. 3) With relation to_the }nstalla,tion�__construction and maintenance o£ or opera- ��_-�..-� ----- ___ _� _ ___- --- --- tions in respect of said police canine training facility or portion thereof' located within said premises� anything not herein explicitly provided to be furnished� done or paid for by the Board shall be furnished� done and paid , for by the City. 4) The Board reserves unto itself all its rights in said premises not herein or hereby expressly granted Yo the City� including but not necessarily limited to the right to therewithin install any facilities the Soard might deem desirable or necessary also the right to alter� extend relocate or remove its facilities or portions thereof now or in the future Iocated within said premises or adjacent thereto and to maintain and carry out all its operations in respect of its any said facilities now or in the future located or relocated therewithin� all said construction� reconstruction or maintenance operations to be hy the Board or its contractor; also� the right to pezmit the continued existence� maintenance and necessary operations � 2 - 09-1321 in respect of any duly authoxized facilities of others heretofore installed within said premises and from time to ti�e in £uture to authorize others to otherwise use said premises and to tfierewithin install� maintain and operate other facilities in kfnd� manner and extent not inconsistent with uses of said premises hereby permitted to.the City, 5} Phe City agrees to construct the bvil3ing� parking lot� access road� fence� ' sanitary sewer� water service� and all other facilities appurtenant to the canine training center in accordance with the plans an8 specifications as ; prepared by the Department of Community Services� ApriL 27� 1978. t 6) In respect of said canine training facility and components thereof and the { installation maintenance and other operations in respect thereof� the Gity ; shall comply with all vali8 and applicable laws� ordinances� codes and s regulations and shall take out� maintain and pay for all necessary licenses and permits. 7} The Soard shall not be under any obligation or responsibility to act as engineer consultant to the e�ty in any inatter related to said canine training facility. 8) It is understood and agreed by and between the parties hereto that any plans or data supplied by the Board or its engineex in xespect of but not necessarily limited to facilities of the Board or of others located withfn or adjacent to said premises are approximations only and that the Board explicitly does not pretend or guarantee any said plans or data to be either complete or correct. 9) The City shall not make anJ chzrges or additions to the exterior of the canine training building or any other portion of the premises after completion of the facilities as shown on the April 27� 1478 plan for tfie Canine Training Center� e.accept with the written authorization of the Soard. 10) The use of eacplosives of any kind or for any purpose whatsoever within said premi.ses� ammunitiott in hand..held impact_driven typa tools included� is � expressly prohibited and not permitted to the City or its contractors. The vse o€ pistol aimnunition blanks is permiYted as a part of the canine training. 11} The City hereby agrees to accept and assurae all responsibzlity for and all risk o£ damage to and loss or destruction of any structures that it may build upon�the property herein described except fox negligence of the Board. 12) The Gity sha11 not unnecessarily create cause or suffer to exist or to continue to exist� any nuisance or hazard to persons or property within or adjacent to said premises by reason of said canine training facility or the operation thereof or the construction or maintenance of structures located thereon in respect thereof or permit its employees� agents engineers or contractors to do so. - 3 - 09-1321 : 13) The City shall accept a11 responsibility for snow removal on the access road and parking lot� trash hauling from the canine facility� and normal lawn care and tree triicsning within the fenced canine training area. 14) The City agrees to promptly pay a11 costs in any way caused by� related to or arising out of or resulting from its said canine training facility or portion thereof located within said premises� except for the negligence of . the BoaYd� and Lhe Board sha11 be caused no expense vhatsoevet� either �, directly or indirectly in connection with maintenance or other operations - in respect of said canine training facility or portions thereo£ located � within said premises; and� � The City also agrees to pay when due and before they become deLinquent� any - and alI taaces and assessments� if any there ever be levied against said premises or portion thereof or against any other properties o£ the Board by any reason in respect of said canine training facility or components thereof now or in future located within said premises. � 15) The City at all times sha11 maintain and keep said canine training facility and all components thereof located within said premises (including access road) in good coudition and state of repair� free from litter or other - objectionable matter (incLuding dog feces) resulting from the canine train- ing operations, '� L 16) The City at all times shall conform said canine training facilities and all ; components thereof now or in future located within said premises (including i access road) and a1Z its operations in respecY thereto� to and� if necessarg therefor� sha11 ptomptly alter or relocate the same if and as may be requixed by any reason arising out of or because of works of the Board presently or in £uture located or to be Iocated or xelocated or maintained within said premises; and all this shall be accomplished without cost or eacpense to the Board. 27) The City shall be responsible fox the WateY Utility water service connecYion costs to the canine building (see attached Exhibit +�$i�). Water consiunption will be metered and the City agrees to pay prevailing water conswaption rate schedule and meter demand charge for water services outside the Saint Paul city limits. The City will be responsible for any costs necessary to increase the water pressure� within the premises� to a pressure greater than the normal static pressure the Boaxd maintains in its watei mains. 18) The City shall be responsible for aIZ sewer service charges payable to the City of Maplewood for sewer service to the canine facility, 19) The canine training shall be sestricted to the fenced area surrounding the training center5 except that the dogs and training officers may use the pipe storage yard and sludge lagoon area £or training provided the dogs are on a leash or under direct voice control� see attached k�hibit ��A��. If the Board determines that the dogs are not adequately controlled the use of the pipe storage yard and sludga Lagoon area wiZZ be rescinded. - 4 - 09-1321 20) The City shall be Yesponsible for all police officers and dogs from other municipal jurisdictions utilizing the canine training center, 21) The City shall defend and fully indemnify save and hold harmless the Board*s agents and employees wfiile in the performance of their duties� against all Iiability� claims demands and actions or causes of action� o£ whatsoever � character and shall promptly pay and satisfy any and all valid claims and all jud�ents� costs and expense� cost of defense included� arising out of loss , of or damage to property or injury to or death of any persons whatsoever or ' whomsoever by reason of or alleged to have been caused by� resulting from or growing out of� directly or indirectly� wholly or in part� said canine train- � ing facility or portion thereof located within or adjacent to said premises or , because of the design construction� maintenance� alteration� repair� removal or other operations in respect of said canine training facility or poxtion ' thereof located within or adjacent to said premises� except where said Loss , or damage� injury oz death is caused by the negligence of the Board, i 22) Should the City detexmine to discontinue the use� maintenance or other opera- tions in respect of said canine Craining portion thereof now or in future located within said premises� such deternu_nation shall constitute an abandon- ment thereof and of the permission herein and hereby gxanted� and the City shall promptly notify the Board of such determination� and� thereupon� the City� if so authorized and requested� in writing� by the Board or its Manager� shall proceed promptly� either to take up and xemove any abandoned structures or portions thereof located within said premises and thereafter restore said premises to their original state or� with the wzitten consent and d£rection of the Board+s Manager� shall abandon said structures� in place� within said premises. No compensation sha11 be due the City for any said abandoned structure or portion thereof located within said prem3ses. 23) Nothing herein shall preclude either of the parties hereto from exercising such right of eminent domain as either may have pursuant to applicable law. 24) The City may make application to the Board at any time or from time to time in future foY perneission to install and carry out other necessary operations in respect of others of City�s said canine training facility proposed to be Iocated within said premises or other properties of the Board. The Board may grant any additional said peitnission in whole or in part and subject to wfiatever reasonable terms and condiCions it might deem desirable. The grant of any additional said permissions� if any there be� sha2Z be by addenda hereto duly approved by and executed in behalf of the respective parties. - 5 - 09-1321 This Agreement is made and execaLed pursuant to and undex the authoriCy of a ' resolution adopted by the Board of Water Co�issioners of the City of Saint Yaul the � � � day of ��UTA� � 1978� and of a resolution of the City Council of ' Saint Paul� C.F. No. � 7/3� 5` as approved on the � day of � 1978� certified copies of said resolutions being annexed hereto and by this reference � incorporated in and made part hereof the same as if set forth herein verbatim. IN Z+TITNESS WHEREOF� the parties hereto have executed these presents the year and day first above written. - 6 - 09-1321 Annroved as to Forr.�: Assistant City Attorag ' � � � � b APPROVED: � � � ,r P E2mer A. Huset� G'neral nager STATE OF MINNESOTA ) ) SS COUNTY OF RAMSEY } BOARD OF WATER COMMZSSIONERS OF THE CITY OF SAINT TSL� �E�OT BY if -' L�� Leonard W. Levine� President By Thoma D. M Yen� Secretary On this .S�N day of ,o�in1J , 1978� be£ore me� a Notary Public in and for said County� appeared eonard W. Levine and Thomas D. Mogren� to me pexsonally known� who being by me duly sworn� did say that they are the President and Secretary� respectively� of the Board of Watei Commissioners of the City of Saint Paul and that the seal affixed to the aforesaid instnanent is the seal of the Board of Water Commissioners of the Citq of Saint Paal� and that the said Leonard W. Levine and Thomas D. Mogxen acknowledged said instrument to be the free act and deed of the Boarfl of Water Comnissi.oners of the City of Saint Paul. L�%G�z��fi! � _ Notarp Public sey County� Minnesota s+++:a�+ww••.y My co�nissio g�',�,e�§TdGELITA M. CSSNEROS �� NZ� �4AP�8A�RF�NES RAMSEY COUFITY Yy Commiaaion Expirsn Nst 9. 19& { � _ 7 - 09-1321 CITY OF SAZA"T PAUy, MINNESOTA B y AP VED: ( - (�d' �� '� Richard H. Rowan� Chief of Police L'i�L�L� � v - Bexnard J. Carlson� Director of , Finance a d Management._ Services , STATE OF MENNESOTA ) f. ) SS , C4UNTY OF RAMSBY ) On this 7�_ day of �tsLL�''� , 1978� before me� a Notary Public in ; and for said County� appeared�imer� Rose Mfx and Bernard J. Carlson� to ; me pexsonally known� who being by me duly sworn� did say that they are the Mayor� City Clerk and Directox o£ Finance and Management Services� respectively� of the City of Saint Pavl and that the seal affixed to the aforesaid instrument is the �� seal of the Gity of Saint Pau1� and that the said George Latimer� Rose Mix and Bernard J. Carlson acknowledged said instrument to be the free act and deed of the F City of Saint Paul. , Nota� c� Ramse�Gounty�� a s�sao.� ��'"�,ANGEIITA M. ClSNEROS Nfy cormnission � RAAA� �� My Commiyien Evp1� Npy. 7, iPBa � 09-1321 N s�unye lAGOON AQE R .� SCALE: )��=5D0� � r� L _ CAt�INt rap�n�r�tG CC-NT�l� (�i / 1 i � t _1 � fl� MG C!{A P�PE i �'-��`�� STOiZAGE -� �� ' YA � D �J] ' � �l �r� `--- � � G,�2 {� I �a�� 5 �� : i� m�NT i i 4 � ---� � EXN�BIT "� " �� ; a 09-1321 i _ '_—�. =_�� 1 1 ; : '��k+}w�u o+e •e.�...c � { ' s � I , . tu�sx:s Y,,.,• : ns i f � t ` . `�„ ` ` � . .;�� / J' /�' � ' ` ' ,tf 4 � :' f i oe�we x•, �av� e" x..a I I . . �. f ��j / � • r 4 � 'E � :"-':�,., � .. . r li � _, � ;, i s ; � � , �'._: ;:. - �1'� '; . .; - " �°--- i � l � S a � �- � � ;m I . z•,� � � 4 �� qr�i+a �� ' \ \ V�uu�uKA� �., 3 � • � �c . ` � .i7sD4`.: ncv� " � � . , } °� e.`d ;� t > ; �� .• �nsiwao e ° � \ �� .e.'^m � " i �:�� .2 CeuK4 `� � - � _��a 1 � '� �. t Ea `] :. � � �:� � '�''F „a fi. • , 1%J � . 6Va44UnE � � � , 'f g: � \ �,� ' r j • � i � . I �_•� . � '. ` ��y F S � � � '. I ° w.rw. r:rr�i,��:=:x:�s. 'c � , "� __�owEa•eua � \ -, � a E ' `i : ' • 1 e�v eua , `. f ` � S 3�� . n°r �.c s + ' r�. s a' :a.�c..v` �n"''�s a .°..°n° � m 4 i:`1'��`�: v ,<x_> E�:�,� � `��. °`, 8 ,.uP �..w.��: �� e � , � �:`� ;��,e", 1 .�- : � �(s.s � � w `r _ _ _ � � �� - i „ `_"" -�, 1': � E" V � ' ' I.a4' ."�,, �.� � :� - � �--- �--.- - - � - t ,t — `.—�"- - � --el�- ��Ka�„��i�i ;; - ' :. �. ' �' �� g,., o „ � � \ . .�..o � „u. _::. '_��i� �'` �� ` d . �� \�� .�r ec=: •�� 4 4 . . ( ��`.'i` � - i �I �� 1 1{ ,`\ � - ke-.xraww.. ` � \ � � \ /;: ` ! si . V' t_1 ..`j` __�...� ler _ .�\\ � ��..rm„ � ��r_ . ' r � �� t _r�� ! i . °" � • u ` \ `� �� a°�1 : ` S � R ' b •. s p� '�e. ,� ` •� �u= "i! � ��\�� - ��_' i �- w . ^-- . t \\ .�.F? ,.'��' �`b ' �.. � vnuu.owr*�9cs_ '$ j . � \ \ �\ ` s. .. l�"..".. �,0.�6., R.K�, �r ` \ . �� • w\.�.:...Tw��U� �4R. C i • /YY� �el•� ey •. •. � :� �:� � ' . . ' - � •. � � 1. ��ei � � � ~` �. � �• �� S �". � .� ' v� ' I £ _ _� v�Ce inle ............. a�. .Y ' ' ' � �tiuL . r6'xw _ .� ua R � Y \ ^ \', K�� r ' . ��. . �\ . f - �'�h , a�......ae. , `�\\ \ t �� ._...... �� . '11 � � . \ e 4An+� � � � N ` . __' _ .. . ... �'.F �.. � I �\ �,.' ` ^ i _ �� k \. �. . ,,. , � ................. � �' �� r � ; y .e._.. _ : ., � . � .. . � •` " i """" ,. ' °" Tl �_ ) � % t� 1 .. ' S'� At � + � i6 .�� ` �� .. . : �' � �' n �. ` 1: '�� . l � ' . i" • (� 51Te PLC.t� ,`� ; .�,�,�:,;, . 1 x: : ; . �� , ; � ...�. . .._�nr:;� Ex��g�T �,�,� 09-1321 `IRST RiDER Td LtASE FGRt�f•itNT TH1S AGREEME`:T nade thi s�Q� day o= , 1987 by and be- tween the BOARD DF YJATER C�1�1NiSSIONERS of the City of Saint Paul, Ptinneso�a, hereinafier calied the "3oard" and the CITY QF SfiINT PAU� POLICE QtPP.RTh1eNT, hereir.after called "City", being the First Rider �o that czrtain Lease Agreement made by and between said Board and said City ihe 27th day of June, 1978, and by this reference incorporated herein and made a part hereof; W1T�ESStTN: ;4HEREAS, Section 4 of said Lease Agreement provid?5 that "The Ci�y shall not make any changes or additions to the exterior of �h2 canin2 �rainirg building or any other portion of the premises af'ter cor�pletion of ihe faciliti25 as shown on the April 27, 1478 plan for the Canine Training C2nier, except with the wri��en authoriza�ion of �he Board"; and 4JNEREAS, The City conductis training during the hours oT darkness and the Ciiy has requested permission to install ihree overhead night lights vriih poles at no cos� �o the Board in locaiions to be approved by the Board; and WHEREAS, blater Utility staff has reviewed the City's request and staff recemmends approval subject to proper safeguards of �iie proper�y and ��ro�'ks of the Board. N�W, TH�R�FORE, It is mutually agreed by ihe City and the Doard that the !ease Agreement da�ed the 27th day of June, 1478 is hereby amended by adding the fcliowing Seciion 25: _ 25) The City may install three overhead night lights with poles within said premises in locations approved by th2 Board. The City shall provide the Board with 48 hours advance notice before excavating , for �he poles or trenching for underground cabie. , 09-1321 ;his ;irs't Rider to L2as2 �greement is made and executed pursuant to and under �he au�nori�y of Resolution No.,�� aeopteo by the Board of vtater Com;nissioners of the City of Saint Paui th2 � day of , 1987, certified copies of said resolutions being annexed hereio and by �nis referencz incorporaLed in and made part hereof zhe same as if set forth herein verbatim. IN WITNESS WHEREOF, the parties hereto have executed these presents ihe year and day first above written. APFRCYED: 1 , � d l��,�, L,,1 k� iam ! c u c 2on Chief of Police �I7Y OF SAiNT ?NUL � By , By Fin STATE Oi= F4iNi•fE50TA COUNTY OF RA(1SEY SS h . .._...,,..., .,. � _ .,, and t?anagement Services The foregoing instrument was acknowledged before me this Z�� day of J Wy� , 198`� by 6eorge Laiiner, Albert B. Olson and Eugene A. Schiller Pd City Clerk and Direc�or of Finance and Management Services respectively, of Che Ci�y of Saint ?aul, Niinnesota. :w".w.. JFA@� ASKE ;�1�;� NO7ARypVBLIC-MINNESOTA � ��;� HENNEPiN CQUNry "'� MY Commi9ston EzpGes June 7, 79s1 ._� M • (�-� ��-�- gn�r P�rson �ak�ng o et�gement ' z ' � I I 09-1321 APPRO�;ED: � � � �'� l � o�as . togrei , enera anager BOARD GF WATER CObiP9ISS?ONERS OF ThE CITY OF SAINT PFiUi . , sy r � 3 � ris �cosia, Qes� zn r �Y �zmL�� erne �. �ac 'sen, ecr2tary STATE OF IIINNESOTA} ) SS COUi�'TY OF RAMSEY ) �he foregoing instruinent �n�as acknowledged before me this /� � day of (�,_„_¢_._.---' , 1987, by Chris Nicosia, Pres�dent and Vzrne E. Jacabser„ cretary of the Board of Water Commissioners of the City of Saint Paul, a Minnesota • municipal corporation, on behalf of the corporat9on. ' � .,,�._.e.�,_��n_... ''�:: ,., This instrur�ent was drafted by � � . i o �--�� igna ure o person �a g ac now�e gernent Name SainL Paul Water Uiility Address 25 West Fourth St.. St. Paul, M1� -3- FORM APPROVED: 09-1321 cRrr oF sr. P�u� OFFlCE OP THE BOARD OF WATER CAMMESSI0NER5 RESOLUTiON — GENERAL fORM No�a% COMMESS�ONE� DAT . :. :.� s , :'-=�+ ' WHEREbS, A Lease Agreement dat2d the 27th day of June, T978 by and be�ween the City of SainE Paui Potice Department, hera9nafter called "City", and the Soard of Water Co�issioners of the City o,` Saint Paul, hereioaftsr callad "Board", provides for construction, maintenance and operatio❑ of a Canine Training Center on Board-ovmed land near the McCarron Water ?reatment Plant; and 41HEREAS, The City conducts training during ;.ha h�urs of dar?<ness and the City has reguesied permission to install three overhead nighi lights with poles at no cost to the Board in locations aparoved by the Board; and 41HER£AS, Waier Utility staff has reviewed the City's request and staff recommettds approval suoject to proper safeguards of �he property and wor<s of the Boarci; and '�lHEREAS, The attached First Rider to Lease Agreement has been prepared to facilitate the proposed improvement by the C9ty, now, therefore, be ie RESOLVED, That construction of three nigh� lights and poi2s aL the Canine Training Center on Board-oo-med land is hereby approved and thaC the proper officers of the Board are hereby authorized and directed to execute ihe atiached Firsi Rider to Lease agreement on behalf of the Board. Water Commieaioners Yeas Nays �us:�,-.*e a ze:Ya :;'f±3 �.it'�3A3i '�'3�ins�<t�:S f�n+33aL1`oLTJ.` .`^�"`sY'.V'i.i.u" In favor � : -�,ux:: iz= 19� 0}IpOSP{�_ �+4c.v�: — 9ECY. Adopted by the Board of Water Commissioners 09-1321 AMENDED LEASE AGREEMENT This Agreement, made and entered into this � day of January, 1995, by and betwaen the Board of Water Commissioners of the City of Saint Paul, hereafter referred to as BOARD, and the City of Saint Paul, a municipal corporation of the State of Minnesota, on beha3f of its Police Department, herea€ter referred to as CITY. Whereas Board and City have entered into a lease agreement dated the 27th day of June, 1978, whereby the City is permitted to construct and maintain a canine facility for and on behalf of its Police Department; and Whereas, The lease agreement is for a term of twenty (20) years and to terminate the 26th day of Jtxne, 1998; and Whereas, The Board and City intend to extend the term of the lease agreement for an additional term of thirty (30) years subject to the terms and provisions contained in said lease agreement. Now therefore it is hereby agreed by and between the Board and City that the lease agreement dated the 27th day of June, 1978 be and is hereby amended in the following particular: To have and to hold the same for a term of fifty (50} years commencing on the 27th day of J'une, 1978, and ending on the 26th day of June, 2028, subject to all the terms, covenants and conditions set forth in this Lease Agreement, This lease may be extended for an additional term subject to the approval of the Board. In witness whereof the parties have cansed this a,greement to r �_ be executed as of the year and day first above written. 09-1321 AppT�ved as to Form: i � � , /-✓ ,�. � "� � ^� � , n � � "s"s,istant/Cit Attarney ✓ � Approved�. .� .�� , �� ! � � General Man'ager STATE OF MINNESOTA ) ) ss COUNTY OF RAMSEY ) BOARD OF WATER COMMISSIONERS OF oL/.1�� President �� '=' .�-,��-°-' ecretary � an this �,��ay of Sanuary, 1995, before me a Notary Public i and for s�id County, appeared �-,,.;..a �s-r�-:. and ,� ,,,�� , to me personally known, who being by me duly worn, did y that they are the president and Secretary, respectively, of the Board of Water Commissioners of the City of Saint Paul, and that they acknowledge that they have executed this instrument on behalf of the said Board. - _ ... .._- -- ---__-- ' � _, LI �� . SHlRLEYAJONES 4 Notary ubli � N�i�FiY Pt1811C--ARIkNE50TA � ° Rfl�AS:Y COUdfl1' pRy Ccrr,missia� Expirta Ayn113,1996 n �n,�.+.wnnvvrNV�'^^^"^i° • CITY OF SAINT PAUL � f`w'�'7'Z��_G' - fZ- �t`�i'iL"G""o Z�''-" �Iayor 3 � � �..a....� ....., ..,...,. _ .,.._ . �..__ 09-1321 STATE OF MIN�ESOTA ) ) ss COUNTY OF RAMSEY ) On this day of January, 995, before me a Notary Public � i and for said County, ap eared��2� G��-�,�(t�,.fs�z�C�fr�'�:z��.- iCe�� and ��.,, �_ , to me personally U known, who being by me duly sworn, did say that thex are the Mayor, City Clerk and Director o€ the Department of Finance and Manac}ement Services, respectively, of the of the City of Saint Paul, and that they acknowledge that they have executed this instrument on behalf of the said City. �n,u.;,:�:.,-r �_v.,,.n.�,v�nnnn.^.+.n,vw.iw�nna � �q�r-: h.i. i[.''=3.':-:i � �' � � cti NU'., PVJ: e'.vl';� � '..c � �' �. - _ Vy BAytS?` �".bM1i'v 'yCOmm.ex�':�s._.:.3i,2CJp � /.n�el�..riJ.iJJV`/VVyVVy�'VVVVVVVWy�,.r � rL"z�� /if • �� v otary Public J CITY OF ST. PAUL OF'F'ICE OF THE BOARD OF WATER COMMISSLONERS RESOLUTION-GENERAL FQRM 09-1321 na 4344 PRFb'£VTED ➢Y CO�S�IISSTOhFa2 Rettmaa DATE January 9, 1995 Whereas, The Board of Water Commissioners has permitted the Saint Paul Police Department to establish and maintain a canine facility on Board property located within the City of Maplewood; and Whereas, The agreement dated June 27, 1978, by and between the Board and the City of Saint Paul was for a term of twenty (20) years, and the Board is willing to extend the lease agreement for an additional thirty (30) years; now therefore be it Resolved, That the Board of Water Commissioners of the City of Saint Paul does hereby approve amendment to the lease agreement dated June 27, 1978 so as to extend the term thereof to June 26, 2028, and the proper officers of the Board are hereby authorized and directed to execute the lease amendment an behalf of the Board. Water Commissioners Yeas Nays Haselmann Vice President Rettman President Guerin In tavar 3 Opposed Adopted by the Board of Water Commissioners Sanuary 9, , 0 �� secy, 09-1321 � 4,%11"f�� - Council F12e � � S — � � Green Sheet � �(J �v � �RfGINAL RESdLUTiON SAfNT PAUL, N Presented By Referred Ta 1 2 3 4 5 6 7 8 4 10 11 12 13 14 15 16 17 Committee: Date Whereas, The Board of Water Commissioners has permitted the Saint Paul Police Department to establish and maintain a canine facility on Board property located within the City of Maplewood; an d Whereas, The agreement dated June 27, 1978, by and between the Board and the City of Saint Paul was for a term of twenty (20) years, and the Board is willing to extend the lease agreement Por an additional thirty {30) years; now therefore be it Resolved, That the Council of the City of Saint Paul does hereby approve amendment to the lease agreement dated June 27, 1978 so as to extend the term thereof to Sune 26, 2028, and the proper officers of the City are hereby authorized and directed to execute the lease amendment on behalf of the City. Adopted by Council: Date �; t.,�� i'� ,� � Adoption Certified by Council Secretary � �� B Y ; ! •�\.' _ , _ i � ��,—� �� Approved by Mayor:j Date gY' '(C.v Requested by Department of: Water Utility BY ° - �i 1 [! �2'u-��_� l Form Approved hy City Attorney il � � $Y� �Tii��•�f; ,�� j ,/'' '� I Approved by MayoY for Submission to Council $Y�1�- °(��. `e�)fiti*�� 09-1321 l�eczse � l�. � '7 : SECOND RIDER TO LE�SE AGREEMENT � THIS AGREEMENT made this d' dap off/�� 1999 by and between the BOAIiD OF WATER COMMISSIONERS of the City of Saint Paul, Minnesota, ("Board"), and the CITY OF SAFNT PAI7L POLICE DEPA.RTMENT, ("City"), being the Second Rider to that certain Lease Agreement ("Agreement") made by and between Boazd and Ciry on the 27`" day of June, 1978, and as amended on the 9t day o£ January, 1995, and by this reference incorporated herein and made a part hereof; WITNESSETH: WHEREAS, Board and City did approvethe Agreementfortfie purpose of allowing the City to carry out a police cauine team training and exercise program on certa9n Boazd-owned property at the Boazd's McCarron's Water Treaiment Plant ("Premises"); and W$EREAS, Board and City did approve a First Ridez to Agreement dated June 10`�, 1987, wkuch authozized installation of three overhead night Iight poles on the Premises; and t�'HEREAS, Boazd and City did approve an Amended Lease Agreement dated January 9, 1995, which e�ctended the term of the Agreement to June 26, 202$, with atl othei terms and conditions remaining unchanged; and WI�REAS, Boazd staff did approve the construction of a canine memorial on the Premises by means of a letter dated Mazch 22, 1995, from Water Utility Division Manager James L. Haugen to the City's PoIice Department, but the Boazd neverformalIy approved such memorial construction via a Rider to the Agreement; and �- t�I:1CLER[CAUBOARDWereemenu\LEASElcanine 2nd.wpd , 09-1321 WHEREAS, The Cify desires to constrnct an addition to the exterior of the canine training building and additiona[ pazking spaces on the Premises (the "City's Request") and to receive formal Boazd approvaI of its canine memoriat construcrion; and WHEREAS, Section 9 ofthe AgreementprovidestUat "The City shaLlnotmake any changes or additions to the eicterior of the canine training buiIding or any other portion of the premises after completion of the facilities as shown on the Apri127, 1978 plan for the Canine Training Center, except with the written authorizauon of the Boazd' ; and WHEREAS, Board staff has reviewed the City's Request and staff recommends approval, subject to groper safeguards of the properry and works of the Boazd. NO'GV, THEREFORE, It is mutually agreed hy the City and the Board that the Lease Agreement dated the 27`" day of June, 1978, and as amended far an eictended term on 7anuary 9, i99�, is hereby amended by adding the following Sections 26 and 27, with all other terms and conditions unchanged and in effect: 26) The Board affirms and authorizes the permission previously a anted by stafF in said Mazch 22, 1995, letter to the City's Police Department, which is attached hereto as B�ibit "A" and incoiporated herein, atlowing the CiTy to construct a canine memoria[ on the Premises. N�\CLERfCAI.\BOARD1AgreementsU.EASE�canme 2nd.wpd 2 09-1321 27) The Boazd �ants to the City permission to cons� an addirion to the canine training building as well as additional vehicle parking spaces and a sidewalk between the two. Work shall be performed in accordance with attached Eachibit "B", which is hereby incorporated herein, and in accordance with fmal plans to be approved in writing by Boazd staff in advance of mobiiizarion. "Fhis Second Jtider to Lease Aa eement is marle and executed pursuant to and under the authoriry of Resolution No. �`"� adopYed by the Boazd of Water Commissioners of 1.� the City of Saint Paul the 1�__ day of � �� I999, certified copies of said resolutions being annexed hereto and by this reference incorporated in and made part hereof the same as if set forth herein verbatim. N:\CLERICAI.�BOAADWgrcementvll,EASElcanine_2nd.wpd � 09-1321 IN WITNESS WH�REOF,the parties hereto have executedthesepresents theyeu and day first above wrirten. �••:� 1 CITY O PAUL By a �- 1 X��r.-.---�° Mayor By ��Li,t,c,c, c�ty ci�k SOARA OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL, NIINNESOTA � � By��`'1 � �. $emze R. Bullert, General Manager Michael J. Harri , rasident APPROVED AS TO FORiVI: _ t�� , Assistant City Atto ey B�� z-�y��irrJ anet Lindgren,�Sectet COiJNTERSIGNED: rv b'.s---�—�) Jos M. Reid, Director Office of Financial Services N�ICLERICALIBOAELD W greemenrslLEASE�cenine_2nd.wpd 0 �PPROVED: 09-1321 /��' �'� ;';; � . BOARD OF WATER COb1�fISSIONERS ��"�' ' Dino Guerin, Presidenr Janice Reart:an. Vtce Presidenr Stepnen Haselman0. Commissioner David �torris, Commissioner �tichael Harris, Commissioner tiiarch 22, t995 Lieutenant Pazdemik Saint Paul Police Canine Unit , Dear Lieutenant Pazdernik: John Winjum, Supervfsor of Maintenance and t enjoyed meeting with you last week to tourthe pfanned memoriai site. ' The Water Utility has finished reviewing your plans for the Sai�t Pau! Police Canins Memoriai to be constructed near your training center. in viewing these plans, the Utiiity has found that your project woufd not interfere with any future pEans or improvements for our plant, therefore, we support the construction of this Memoriai. If you have any questions or concems, please feel free to call me at 489-1051. yours, � JLH:ip cc: Bemie Bul(ert Dave Wagner John Winjum L. Haicge� � Manager Exf��bEf "A" SAINT PAUL WATER UTILTTY Sui[e ?00 8 4TH ST E Sain[ ?¢ul, b4Y 55202 Tei (612) �98 - 4737 Faz (612) 392 - 78I 1 $rrnie R. Buifett. CrnemF.Yfan�ger Roger d, Moiiror, Cmva! Serv�[es ,Nawger lumes L Huugen, Praductian Mawge� Jumes M. G�PUpmnnn. D+srrib+uiort �Nvnnger � 0 2()'1l��'�'� ,0 � � prrn�pdon�eCY�7edpaper :;p- �� _ _ 09-1321 BOARD OF WATER COMMtSSIONERS RESOLUTION — 6FNERAL FORM 4652 ; PRESENTED SY $itttidge .T�11y 13 t949 COMM55510NER pq ' 'WHEREAS, The Board of Water Comrnissioners, (`Boud"), did adopt Resolution No. 2742 whzch authorized aLease Agreement ("AgreemenY') betweenthe Boazd andthe City of 5aint Paul ("Ciry"), allowing the City to cazry ovt a po&ce canine team trainin.g and exercise program on certain B oard- owned property at the McCarron's Treatment Ptant ("Premises"); and WHEI2EA5, The Ciry desires to construct an improvement to its facilities currenfly on the Premises, such improvements being an addition to the exterior o£the e�sting canine training building, as well as additional parking spaces and a siflewalk; and WI�EREAS, Boazd staffhas reviewedthe City's preliminary plans for said unprovements and finds that present and future Board operations will not be hampered by the construction and operation of said improvements; and WIIEREAS, Boazd staff has prepazed a Second Rider to Lease Agreement which amends the Agreement to allow construction of said improvements, and which affirms and authorizss the pennission to construct a canine memorial, as previously granted by staff in a il�larch 22, 19951etter ta the City's Police Deparl�nent, and staff does reeoxnmend Boazd approval of said Second Rider; and WfIEREAS, The city attorney's office has reviewed and approved said 5econd Rider as to form; now, therefore, be it RESOL�'ED, That the Board does hereby approve tlie Second Rider to Lease Ao eement between the B oazd of Water Commissioners and the City of Saint Pau1 and that the proper officezs aze hereby authorized to execute said Second Rider on behalf of the Boazd. Water Commissioners Yeas Vice President Arcand NBYg Benanav Kittridge Reiter Haselmann Adopted by the Board oY Water Commissianers Ju�v 13, lg,� In £avor 5 _ pPposr� 0 � • SECY. i i ;- I 09-1321 BOnRD OF WATER COMMlSSIONERS RESOLUTION — GENEftAL FORM PRESENTED BY jZOSSbdCFl COMM�SSIOMER {� 7042 DATF September 8, 2009 WHEREAS, the Board of Water Commissioners did adopt Resolution No. 2742 which authorized a F.ease Agreement beiween the Board and the City of Saint Paul allowing the Ciry to carry out a police canine team training and exercise piogram on certain Board-owned property at the McCarron's Treatment Piant (the "Premises"); and W$EREAS, the City desires to construct ioadway and sidewalk improvements on the Premises in order to accommodate additional vehicle pazking; and WHEREAS, staff has reviewed the Ciiy's plans foz said improvements and finds that ptesent and future Board operations will not be hampered by the construction of said improvements; and WHEREAS, staff has prepared a Third Ridec to Lease Agreement which amends the Agreement to allow construction of said improvements; and WIIEREAS, the city attomey's office has reviewed and approved said Third Rider as to form; now, therefore, be it RESOLVED, that the Board does hereby approve the Third Riderto Lease Agreement with the City of Saint Paul allowing far the cons�uction of roadway and sidewalk improvements at the City's canine training center located at the Board's McCarrons Water Treatmern Plant properry and that the proper officers aze hereby authorized and directed to execute said Tivrd I2ider on behalf of the Boazd, Water Commissioners Yeas Anfang Naps Kleindl Rossbach President Harris In favor 4 Opposed Q Adopted by the Board of Water Commissioners September 8, �Q 09 -�"� �`�Q ° . ,.. } SECY. 09-1321 Agreement # 02-11238-I THII2D RIDER TO LEASE AGREEMENT THIS AGREEMENT made this 8"' day of September 2009, by and between fhe BOARD OF WATEIt COMMISSIONEY2S of the Ciry of Saint Paul, Minnesota, ("Boazd"), and the CITY OF SAINT PAUL POLICE DEPARTMENT, ("Cit�'), being the Third Rider to that certain I,ease Agreement ("AgreemenY') made by and between Boazd and City on the 27'� day of June, 1978, and as amended on the 9'� day of January, 1945, and by this reference incorporated hexein and made a part hereof; WITNESSETH: WF3EREAS, Board and City did approve the A�reement for the purpose of allowing the City to carry out a police carrine team training and exercise progazn on certain Boazd-owned property at the Boazd's McCarron's Water Treatment Plant ("Premises"); and WFIEREAS, Boazd and City did approve a First Rider to Agreement dated June 10, 1987, which authorized installation of three overhead night light poles on the Premises; and R'HEREAS, Boazd and City did approve an Amended Lease Agreement dated January 9, I995, which extended the term of the Agreement to June 26, 2028, with all other terms and conditions remaining unchanged; and WHEREAS, Boazd and City did approve a Second Rider to Agreement dated July 13,1999, which gtanted approvai of a canine memorial, as was previously approved by staff on Mazch 22, 1995, and which granted approval of an addition to the canine training building, as well as vehicle pazking and sidewalk improvements; and WfIEREAS, the City at this time desires to construct roadway and sidewalk improvements on the Premises to provide for additional vehicle parking; and WHEREAS, Secfion 9 of the Agreement provides that "The City sha11 not make any changes or additions to the exterior of the canine training building or any other portion of the premises after completion of the facilities as shown on the Apri] 27, 1978 plan for the Canine Training Center, except with the wcitten authorization of the Boazd": and WHEREAS, Board staff has reviewed plans for said improvements and does recommend approval, subject to proper safeguards of the properry and warks of the Board. ; ; �=- � i i , V:�En�m.�neeringlCLERiCAL1BOARD1AgreementslLEASE1Ca�me_3rd Rider_09-08-69.doc 09-1321 NOW, T`FIEREFORE, It is mutually ag�eed by the Ciiy and the Board that the I,ease Agreement dated the 27�` day of June, 197$, and as amended for an extended term on January 9, 1995, is hereby amended by adding the following Section 28, with all other terms and conditions unchanged and in effect: 2&) The Board grants to the City pertnission to construct roadway and sidewalk improvements as shown on Exhibit "C", attached hereto aud incorporated herein. This Third Rider to Lease Agreement is made and executed pursuant to and under the authority ofResoluhon No. 7041, adopted by the Board of Water Commissioners ofthe City of Saint Paul the 8�` day of September 20Q9. i i � � i V;�ENGINEERIFIGICLERICAL�BOARD�AGREEMENfS\LbASE\CAIVRSE 3RD RIDER 04-08-09.DOC 2 : IN R'IT\TESS WHEREQF, the parties hereto have executed these presents the yeaz and day first above written. " Approved: BOARD OF WA1'ER COMMISSIONERS OF THE S::PI'Y OF SAIN'I' PAITL B ay Stephen P. Schneider, General Manager Patrick Harris, President Saint Paul Regional Water Services Approved as to form: By Assistant City Attomey � � M. Hazrington, Paul Police De Approved as to form: By Assistant City Attomey B Mollie Gagnelius, Secretary CITY OF SAINT PAUL, PQLICE DEPARTMENT Chris Caleman, Mayor 5hazi Moore, City Clerk By Mazgazet Kelly, Director Office of Financial Services 09-1321 ViENGINEERING\CLERICAUBOnRD41GREF,b�1TS�I.EASE�CANINE}RD RIDER_09-08-09.DOC 3 � i ; i � ,. 09-1321 ' ' ' �= , �, �'� I �� z; ,�. A ;i ; ,= .� `� � i� ; (j ,: � � i [ 3 � �� ' � � �a� � � � ." G S i'ec e `\� � ` y t� coNC C� i�� -� ;.. G �� Z"�. .L�/3 B m i l �°'� �_� �` i �,. n. r� z" �l�.t�o7 t�ud �3 mi l ��: r� i �-i� �r a�d/ � . . . .. --�.�� _ ____� . ) f '�� i � t � k �� 3,r � /f b '� �^€€�Y^. a'+� ? '` � �� Q � l� >�:" %� �' � P 0' { �� ;�€ ��j o, y �; ; � ' t" ;�,;�� I �� 2-_; ! ; !_° ��j " � , i t� � � Sr �%' :s "� : ,. , � y �'st� r mY. '.- � . � i 60� * (:, �., "i J.. � ,� i a, j � I'`�� ie 9 , � � - �� } �� i L! . . '� 36r2 «�s - � .�rl e � / h / 'y'r � . � f .g _�� / !' .% �-� y� . 1 � 'a 34 `q , f 1 ,_ /�o� - ` ' � "3 ei �s��' � ' i � �'Z�r. � �I� _ w �. . } ds . loo• j � - 3�-Q� Exhibit "C � _ � ..� ' � ��-�-� � - - -- �<.