10-216Council File # 10-216
Green Sheet # 3095797
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CITY
Yeas
RESOLUTION
SAINT PAUL, MINNESOTA
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Presented by
1 WHEREAS, the C'3t�e€3"aint Paul entered into a I.ease Agreement on December 22, 2008 (Council File
2 08-1352) with Ramsey County for the lease of constzuction office space and storage space at the Ramsey
3 County Government Center for the third phase of the St. Peter-Rondo Sewer Tunnel Repairs project
4 through May 31, 2010, and
5
6 Wf�REAS, the City's construction project was compieted in May of 2009, and
8 WHEREAS, the Minnesota Department of Transportation has contracted with Lametti & Sons, Inc. to
9 work on a tunnel project in the same location, and
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11 WHEREAS, the City, with the consent of Ramsey County, desires to assign the ]ease agreement to Lametti
12 & Sons, Inc., and
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14 Now, therefore be it, RESOLVED, that the proper City officials are hereby authorized to execute and
15 approve on behalf of the City the "Assignment and Assumption of I.ease Agreement" in a form and
16 content substantially as set forth in the attached Exhibit A.
Bosnom
Carter
Harris
Helgen
Stazk
Thune
Adopted by Council: Date
✓
Absent Requested by ep
Public W
By �,
Approved by t�
By:
Approved by City
By: \�/,�.il
Adoption Certified by Coun � uretary By:
By:
Approved o ate �� p( J
By:
10-216
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
DeparpnentlOfficelCouncil: '� Date Initiated: '
Pw _ P°b��� Wo�ks 2s �� 20,o Green Sheet NO: 3095797
Contact Person 8 Phone:
Richard Ekobena
266-6253
Must Be on Council pyenda by (Date):
Doc. RESOLUTION
E-Document Required: Y
�ocumentContacC RichardEkobena
ContactPhone: 266-6253
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Assign
Number
For
� Routing �,
Order '
ToWI # of Signature Pages ` (Clip Ali Locations for Signature)
0
1
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�� Appxoval of the attached resolution authorizing the appropriate City officials to enter into an assignment and assumption of lease
, agreement between the Ciry of Saint Paul to Lametti & Sons, Inc. with the consent of Ramsey County.
i .
'�, Recommendafions: Approve (A) or Rejed (R):
. Planning Commission
���. CIB Committee
Civil Service Commission
Personai Service Contrects Must Mswer the Following Questions:
t. Has this personffirm ever worked under a contract for this department?
Yes No
2. Has this personlfirm ever been a city employee?
Yes No
3. Dces this person/firm possess a skill nat normally possessed by any
curreM city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
' Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why):
�, The City entered into a Lease Agreement with Ramsey County conceming the lease of conshvction office space and stoLage space at
� the Ramsey County Govemment Center from December 22, 2008 through May 31, 2010. The Ciry's conshuction project was
I, completed in May of 2009. MnDOT has contracted wi[h Lametti & Sons, Inc. to work on a tunnel project in the same location.
AdvaMages if Approved:
' Disadvantages If Approved:
i
pisadvantages If Not Approved:
Total Amount of $1.00
Trensaction:
Funding Source:
Financial Information:
(Explain)
i �:'
CostlRevenue Budgeted:
��' ��'%�,�� _
Activity Number. � [7� -a'7"91�
January 26, 2010 4:54 PM Page 1
EXHIBIT A
ASSIGNMENT AND ASSUMP'I'ION OF LEASE AGREEMENT, 10-216
BETWEEN THE CITY OF SAINT PAUL AND COUNTY OF
RAMSEY, TO LAMETTI & SONS, INC.
In consideration of One Dollar ($1.00) and other good and valuable consideration, the
receipt and sufficiency of which Is hereby acknowledged, the City of Saint Paul ("Assi�nor"), a
Minnesota municipal corporation, does hereby GRANT, BARGAIN, SELL, CONVEY,
ASSIGN, TRANSFER, SET OVER and DELIVER to Lametti & Sons, Inc. ("Assignee"), a
Minnesota corporation, all of the right, title and interest of Assignor in, to and under that certain
Lease Agreement made as of December 22, 2008, between Assignor and County of Ramsey, a
municipal corporation, conceming the Lease of construction office space and storage space at the
Ramsey County Government Center, 50 West Kellogg Boulevard, Saint Paul, Minnesota
("A�reement"), and all of the rights, powers, benefits, and privileges of the Assignor in, to and
under said Agreement.
Assignee hereby assumes and agrees to perform all of the terms, covenants, obligations
and conditions of said Agreement which are required to be performed or complied with by
Assignor under said Agreement in respect of the period from and afrer the date of this
Assi�nment.
Assignor hereby agrees to indemnify and hold Assignee harmless from and against all
liabilities, damages, costs and expenses (including without limitation intended and by way of
example only, reasonable attomeys' fees, disbursements and amounts paid in settlement of
claims) arising out of the failure of Assignor to perform the respective obligations under said
Agreement in respect of the period prior to the date of this Assignment.
Assignee hereby aa ees to indemnify and hold Assignor harmless from and against all
liabilities, damages, costs and expenses (including without limitation intended and by way of
example only, reasonable attorneys' fees, disbursements and amounts paid in settlement of
claims) arising out of the failure of Assignee or its successors in interest to perform their
respective obligations under said Agreement in respect of the period from and after the date of
this Assignment.
The provisions of this Assignment shall be bmding upon and inure to the benefit of
Assignor and Assignee, and their respective successors and assigns.
City of Saint Paul
By:
Mayor
By:
Director of Public Works
By:
Director of Pinancial Services
Approved as to Form:
By:
City Attorney
Lametti & Sons, Inc.
By:
EXHISIT A
CONSENT TO ASSIGNMENT AND CONSUMPT'ION 10-216
The County of Ramsey hereby acknowied�es, approves and a�rees to the assignment and
assumption of the above-zeferenced Agreement, by Lametti & Sons, Inc., as of the date of this
Assignment. Accordingly, County of Ramsey releases the City of Saint Paul from its obligations
thereunder and from this date forward will look only to Lametti & Sons, Inc. for payment and
performance of the agreed upon obligat3ons under the terms of the A�reement.
Victoria Reinhardt, Chair
Ramsey County Board of Commissioners
:
Bonnie Jackelen, Chief Clerk - County Boazd
Approval Recommended:
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Julio A. Mangme, Director
Department of Property Management
Approved as to form and insurance:
I�
Assistant County Attorney
Funding Account Number: CD8-2T911
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BudgeCing and Accounting
2