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10-608Council File # `(j-�( �� Green Sheet # 31ll959 CITY RESOLUTION SAINT PAUL, MINNESOTA � Presented 1 2 3 4 5 6 7 8 9 10 11 12 WIIEREAS, since 1976 the City has, leased from the State Department of Transportation a pazcel of land adjacent to the Cayuga Playground, which it has incorporated into the said playground; and WHEREAS, it is the intention of the parties to the said Lease Agreement PRl10 to extend the term of the lease through Apri130, 2012; therefore be it RESOLVED, that the proper City officials aze hereby authorized and directed to execute a two-yeaz lease extension to Lease Agreement PR/10. Bostrom Carter Requested � Adoption Certifi by Co icil Secretary G By � BY� � Approved a : Date ( 2(j By: Stazk Adopted by Council: Date �' By: �— Approved b City BY� LKL'�� for ic.�-Cop Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � FS —FinanciaiServices Contact Person 8 Phone: Bob Novak 266-8863 Must Be on Council Agenda by (Date): 09-JUN-10 Type: RESOLUTION E-Dxument Required: N Oocument Contact: Contact Phone: 19 MAY 2010 ■�► Assign Number For Routing Order Total # M Signature Pages _(Ciip Nl Loeatlons for Signature) Green Sheet NO: 3111959 0�inancial Services �� Reak estate 1 ukc and Rttreation De aiUnent Director � Z " Attorne C' Attoroe 3 avor•sOftice nrn�...� � — I CONSENT AGENDA. Authorize proper City officials to approve the renewal of Lease PR/10, the lease of properiy &om MnDOT being used as part of Cayuga playground. Recommendations: Approve (A) or Rejed (R): Planning Cammission CIB Committee Civil Service Gommission Personal Service Contracts Must Answer the Following Queslions: t. Has this personlfirm ever worked under a contract forthis department? Yes No 2. Has this persoNfirtn ever been a city employee? Yes No 3. Does this personlfirm possess a skill not normally possessed by any current aty employee? Yes No Explain aIl yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity {Who, What, When, Where, Why): This lease has been in effect since 1976 aod is up for renewal for another 2 yeazs Advantages If Approved: The use of playgoup properly continues as is. Disativanqges If Approved: None foreseen. Disadvantages If NM Approved: The leased area would not be part of the playground, a disadvantage to the City. 7ota1 Amount of $ � 400.00 Transaction: Funding Source: Financial Information- (Explain) aai�rty Numnec $ a year, paid in two payments of,_ $700 each. `- :: ' i � �, a ��� � CostlRevenue Budgeted: May 19, 2010 1038 AM Page 1 io-�Og Minnesota Department of Transportation Metro District 1500 W. County Road B2 Roseville, MN 55113 651-234-7699 PARCEL: 6235 (10=) 901 0103 LEASE NO. 62004 AMENDMENT OF COMMERGIAL LEASE No. 5 THIS AGREEMENT, is made by and between the State of Minnes'ota, epa ment of Transportation ("Landiord") and City of St. Paul ("TenanY'), and shali e an a en ment and addition to Lease No. 62004. WITNESSETH: WHEREAS, Landlord and Tenant entered into Lease No. 62004 ( ase") involving the rental of a commercial property; WHEREAS, the parties deem certain amendments d, d al terms and conditions mutually beneficial for the effective continuation O�said Le se,; d NOW THEREFOR, Landlord and Tenant agree t� terms and conditions which shail bec�ome a part date set forth hereinafter. ! I�d/or addition of the following No. 62004, effective as of the 1. Effective on April 30, 2010, tf�is Lease No. 620 `� shall be renewed for a period of 2 Year(s) commencing on May `l, 2010 an ntinu g through April 30, 2012, with the right of termination in both Laridlord a Tena t as set forth in the Lease. , , s 2. Effective on April 30, 2010, 'ec � n 2 of th Lease is deleted in its entirety and the following is substituted in lieu t reof: 2. RENT. Tenant shaf{ pay to Landlord s rent for the Premises the sum of One Thousand Four Hundred and No/100 D I�ars ($1,400.00) in Two (2) payments of Seven Hundred and No/100 Doliars ($7 0.00) due and payable days upon receipt of this lease. Rent payments are to be mailed or delivered to Landlord`s finance ofifice as follows: Department of Transportation Office of Financial Management Accounting Department 395 John Ireland Boulevard - Mailstop 215 St. Paul, Minnesota 55155 Make checks payable to: Commissioner of Transportation 3. Effective April 30, 2010, Sections 9 and 10 of the Lease are deleted in their entirety Commercial Amendment Page 7 0( 4 LS1022 3/29/2010 1 c�- (cC� �S and the following Sections 9 and 10 of the Lease is substituted thereof: 9. INSURANCE. Psior to execution of this Lease by Landlord, the Tenant sha11 provide Landlord with a properly executed certificate(s) of insurance which shall clearly evidence the insurance required below, and provide that such insurance will not be canceied, except on 30 days' prior written notice to Landlord. 9.1 Tenant shall maintain during the full term of this Lease commercial general liability insurance or equivalent form including Premises-Operations Liabi�ity, Products/Complete Operations Liability (if appiicabfe), Contractual Liabiliiy, and Fire Legal Liability with a limit of not less than $2,0O�,OQO each occurrence. !f such insurance contains a general aggregate limit, it will be equal to or greater than $2,000,000 and appiy separately to this Lease. 9.1.2 This insurance shall be primary with respect to any insurance or self-insurance programs covering Landlord, its officers and employees. 9.2 Tenant shall maintain during the fuli term of this Lease workers' compensation insurance with statutory limits and employers' liabi(ity insurance with limits not less than $100,000 bodily injury by disease per employee, $500,000 bodily injury by disease aggregate and $100,000 bodily injury by accident. An Umbrella or Excess Liability insurance policy may be used to supplement the policy limit to satisfy the full policy limits required by the Lease. If Minnesota Statute 176.041 exempts Tenant from Workers' compensation insurance or if the Tenant has no employees in the State of Minnesota, Tenant must provide a written statement, signed by the authorized signer of the contract, stating the qua�ifying exemption that excfudes Tenant from MN Workers' Compensation requirements. If during the course of the contract the Tenant becomes eligible for Workers' Compensation, the Tenant must comply with the Worker's Compensation Insurance requirements included herein and provide the State of Minnesota with a certificate of insurance. 4. Effective April 30, 2010, Section 20 of the Lease is hereby deleted and the following Section 20 is substituted therefore: Section 20 HAZARDOUS SUBSTANCES OR POLLUTANTS OR CONTAMINANTS. Tenant shall not cause or permit any hazardous substance or pollutant or contaminant to be used, generated, stored or disposed of on or in the Premises by Tenant, TenanYs agents, employees, contractors or invitees. (f the Tenant causes or allows the Premises to become contaminated in any manner by hazardous substances or pollutants or contaminants, during the term of this Lease, Tenant shall indemnify and hold harmless the Landlord in accordance with Section 8 of this Lease. Shis indemnification is intended to, and shall, survive the termination of this Lease. Without limitation of the foregoing, if Tenant causes or permits the presence of any hazardous substance or pollutant or contaminant on the Premises, and that presence results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary Commercial Amendment Page 2 of 4 LS7022 3/29J2010 lU-(o0� actions approved by the Landlord to return the Premises to a condition that is in accordance with ali applicable Federal, State and Local regulations. Commercial Amendment Page 3 of 4 LS1022 3/29/2010 TENANT City of St. Paul � • ' Signa#ure . mt Name LANDLOR[�, �TATE OF DEPARTM�IT OF TRAI COMMISSIONER OF TR � � \ � . >OTA ATION 2TATION Thomas O'Keefe, P.E. Metro Program Deliv�ry Engineer Date Approved as to form and execution OFFICE OF CONTRACT MANAGEMENT i� Title Date \ U- COO fS Commercial Amendment Page 4 of 4 LS1022 3/29/2010 Council File # `(j-�( �� Green Sheet # 31ll959 CITY RESOLUTION SAINT PAUL, MINNESOTA � Presented 1 2 3 4 5 6 7 8 9 10 11 12 WIIEREAS, since 1976 the City has, leased from the State Department of Transportation a pazcel of land adjacent to the Cayuga Playground, which it has incorporated into the said playground; and WHEREAS, it is the intention of the parties to the said Lease Agreement PRl10 to extend the term of the lease through Apri130, 2012; therefore be it RESOLVED, that the proper City officials aze hereby authorized and directed to execute a two-yeaz lease extension to Lease Agreement PR/10. Bostrom Carter Requested � Adoption Certifi by Co icil Secretary G By � BY� � Approved a : Date ( 2(j By: Stazk Adopted by Council: Date �' By: �— Approved b City BY� LKL'�� for ic.�-Cop Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � FS —FinanciaiServices Contact Person 8 Phone: Bob Novak 266-8863 Must Be on Council Agenda by (Date): 09-JUN-10 Type: RESOLUTION E-Dxument Required: N Oocument Contact: Contact Phone: 19 MAY 2010 ■�► Assign Number For Routing Order Total # M Signature Pages _(Ciip Nl Loeatlons for Signature) Green Sheet NO: 3111959 0�inancial Services �� Reak estate 1 ukc and Rttreation De aiUnent Director � Z " Attorne C' Attoroe 3 avor•sOftice nrn�...� � — I CONSENT AGENDA. Authorize proper City officials to approve the renewal of Lease PR/10, the lease of properiy &om MnDOT being used as part of Cayuga playground. Recommendations: Approve (A) or Rejed (R): Planning Cammission CIB Committee Civil Service Gommission Personal Service Contracts Must Answer the Following Queslions: t. Has this personlfirm ever worked under a contract forthis department? Yes No 2. Has this persoNfirtn ever been a city employee? Yes No 3. Does this personlfirm possess a skill not normally possessed by any current aty employee? Yes No Explain aIl yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity {Who, What, When, Where, Why): This lease has been in effect since 1976 aod is up for renewal for another 2 yeazs Advantages If Approved: The use of playgoup properly continues as is. Disativanqges If Approved: None foreseen. Disadvantages If NM Approved: The leased area would not be part of the playground, a disadvantage to the City. 7ota1 Amount of $ � 400.00 Transaction: Funding Source: Financial Information- (Explain) aai�rty Numnec $ a year, paid in two payments of,_ $700 each. `- :: ' i � �, a ��� � CostlRevenue Budgeted: May 19, 2010 1038 AM Page 1 io-�Og Minnesota Department of Transportation Metro District 1500 W. County Road B2 Roseville, MN 55113 651-234-7699 PARCEL: 6235 (10=) 901 0103 LEASE NO. 62004 AMENDMENT OF COMMERGIAL LEASE No. 5 THIS AGREEMENT, is made by and between the State of Minnes'ota, epa ment of Transportation ("Landiord") and City of St. Paul ("TenanY'), and shali e an a en ment and addition to Lease No. 62004. WITNESSETH: WHEREAS, Landlord and Tenant entered into Lease No. 62004 ( ase") involving the rental of a commercial property; WHEREAS, the parties deem certain amendments d, d al terms and conditions mutually beneficial for the effective continuation O�said Le se,; d NOW THEREFOR, Landlord and Tenant agree t� terms and conditions which shail bec�ome a part date set forth hereinafter. ! I�d/or addition of the following No. 62004, effective as of the 1. Effective on April 30, 2010, tf�is Lease No. 620 `� shall be renewed for a period of 2 Year(s) commencing on May `l, 2010 an ntinu g through April 30, 2012, with the right of termination in both Laridlord a Tena t as set forth in the Lease. , , s 2. Effective on April 30, 2010, 'ec � n 2 of th Lease is deleted in its entirety and the following is substituted in lieu t reof: 2. RENT. Tenant shaf{ pay to Landlord s rent for the Premises the sum of One Thousand Four Hundred and No/100 D I�ars ($1,400.00) in Two (2) payments of Seven Hundred and No/100 Doliars ($7 0.00) due and payable days upon receipt of this lease. Rent payments are to be mailed or delivered to Landlord`s finance ofifice as follows: Department of Transportation Office of Financial Management Accounting Department 395 John Ireland Boulevard - Mailstop 215 St. Paul, Minnesota 55155 Make checks payable to: Commissioner of Transportation 3. Effective April 30, 2010, Sections 9 and 10 of the Lease are deleted in their entirety Commercial Amendment Page 7 0( 4 LS1022 3/29/2010 1 c�- (cC� �S and the following Sections 9 and 10 of the Lease is substituted thereof: 9. INSURANCE. Psior to execution of this Lease by Landlord, the Tenant sha11 provide Landlord with a properly executed certificate(s) of insurance which shall clearly evidence the insurance required below, and provide that such insurance will not be canceied, except on 30 days' prior written notice to Landlord. 9.1 Tenant shall maintain during the full term of this Lease commercial general liability insurance or equivalent form including Premises-Operations Liabi�ity, Products/Complete Operations Liability (if appiicabfe), Contractual Liabiliiy, and Fire Legal Liability with a limit of not less than $2,0O�,OQO each occurrence. !f such insurance contains a general aggregate limit, it will be equal to or greater than $2,000,000 and appiy separately to this Lease. 9.1.2 This insurance shall be primary with respect to any insurance or self-insurance programs covering Landlord, its officers and employees. 9.2 Tenant shall maintain during the fuli term of this Lease workers' compensation insurance with statutory limits and employers' liabi(ity insurance with limits not less than $100,000 bodily injury by disease per employee, $500,000 bodily injury by disease aggregate and $100,000 bodily injury by accident. An Umbrella or Excess Liability insurance policy may be used to supplement the policy limit to satisfy the full policy limits required by the Lease. If Minnesota Statute 176.041 exempts Tenant from Workers' compensation insurance or if the Tenant has no employees in the State of Minnesota, Tenant must provide a written statement, signed by the authorized signer of the contract, stating the qua�ifying exemption that excfudes Tenant from MN Workers' Compensation requirements. If during the course of the contract the Tenant becomes eligible for Workers' Compensation, the Tenant must comply with the Worker's Compensation Insurance requirements included herein and provide the State of Minnesota with a certificate of insurance. 4. Effective April 30, 2010, Section 20 of the Lease is hereby deleted and the following Section 20 is substituted therefore: Section 20 HAZARDOUS SUBSTANCES OR POLLUTANTS OR CONTAMINANTS. Tenant shall not cause or permit any hazardous substance or pollutant or contaminant to be used, generated, stored or disposed of on or in the Premises by Tenant, TenanYs agents, employees, contractors or invitees. (f the Tenant causes or allows the Premises to become contaminated in any manner by hazardous substances or pollutants or contaminants, during the term of this Lease, Tenant shall indemnify and hold harmless the Landlord in accordance with Section 8 of this Lease. Shis indemnification is intended to, and shall, survive the termination of this Lease. Without limitation of the foregoing, if Tenant causes or permits the presence of any hazardous substance or pollutant or contaminant on the Premises, and that presence results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary Commercial Amendment Page 2 of 4 LS7022 3/29J2010 lU-(o0� actions approved by the Landlord to return the Premises to a condition that is in accordance with ali applicable Federal, State and Local regulations. Commercial Amendment Page 3 of 4 LS1022 3/29/2010 TENANT City of St. Paul � • ' Signa#ure . mt Name LANDLOR[�, �TATE OF DEPARTM�IT OF TRAI COMMISSIONER OF TR � � \ � . >OTA ATION 2TATION Thomas O'Keefe, P.E. Metro Program Deliv�ry Engineer Date Approved as to form and execution OFFICE OF CONTRACT MANAGEMENT i� Title Date \ U- COO fS Commercial Amendment Page 4 of 4 LS1022 3/29/2010