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