D002304CITY OF SAINT PAUL
C�
OFFICE OF THE MAYOR
ADMINISTRATIVE ORDER
No: ��a3o�
Date: � ��'(��
TIVE ORDER,
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BE IT HEREBY ORDERED, that the proper City officials aze authorized and directed to execute a lease
agreement with the District 11 Community Council for the purpose of provading garden plots for the
residents of District 11 through the 2003 growing season.
APPROVED AS TO FORM
Assistant i y Attorney�
;�` ��-�
Date
Department
Administrative
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
,(�p�a3D�- � .
TE 'reclwology and Management Serv
Contad Person & Phone:
Dave Nelso9.� \�
266-8850 V j�
ToWI # of Signature Pages
03JUN-03
�
Assign
Number
For
Routing
Order
Green Sheet NO: 204113
0 (Cechnoloav aod Maoaeemeot 5� i
I �Ciri Attornev I MeeLan Rilev
2 iTechnoloev aod Maoaeemeot S� Director �
3 911avor's Office Deoutv Mavor I
4 i echnolo¢v and Maoaeement S I Dave Nelson I
(Clip All Locations for SignaW re)
To authorize the execurion of a lease agreement with the District 11 Community Council for community gazden plots. Ref: 1.
Administrative Order for consideration; 2. Sample Copy of lease agreement.
idations: Approve (A) or R
Planning Commission
CIB Committee
Givil Service Commission
t. Has this personffirm ever worked under a wntract for this department?
Yes No
2. Has this perso�rm ever been a city employee?
Yes No
3. Does this person/firtn possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to gree� sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Residents of the azea would benefit from gazden plots.
AdvanWqes If Approved:
Residents would have access to gazden plots.
Disadvantapes If Approved:
None
DisadvanWges If Not Approved:
There would be no such access.
ToWI Amount of
Transaction:
Pundinp Source:
CosURevenue Budgeted:
Activity Number:
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Financial Information:
(Fsplain)
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; (pw47)
Revised
Authority (C.F. or A.O.)
LEASE NO.
FINANCE DEPT. LEASE N0. PWl47
DATE: AprillS, 20�3
LE5SOR: CITY OF SAINT PAUL
DEPARTME�TT OF PUBLIC W ORKS
CITY OF SAINT PAUL
LESSEE: DISTRICT 11 COMMUNITY COUNCIL STANDARD LEASE
AGREEMENT
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[1] Leased Premises. The LESSOR, in consideration ofthe 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," which is legally described as:
��:
all that part of Block 1, Colle�ePl"ace lying southwesterly ofthe southwest right-of-way line
of Pierce-Butler Route
See Exhibit "A", plan or map of leased area which is incorporated herein by this reference.
(2] Term of Lcnse. This lease sh'all be in effect for a term commencing and ending on the dates
indicated below, unless terminated earlier by the LESSOR as provided herein.
Term
(Months/Years)
Five Months
_,
C„oiiimencing Date
June 1, 2003
Ending Date
October 31, 2003
[3] Use of Premises. The LESSEE shall use and occupy the Leased Premises for the following purpose:
C ommunitv eardens to be manaeed bv Midwa Gieen Spirit Gardeners, on behalf of the LESSEE
and in accordance with the conditions specified in this aereement ___
and for no other purpose without the prior written consent of LESSOR.
[4] Rent.
(A) Basic Rent In lieu of Basic Rent, the LESSEE agrees to provide to the residents of District
I l, on a non-pzofit basis and in fu11 compliance with Para�raph (22] of this a�reement,
� garden plots and any services essential to the said garden plots, charging for such provision
only what may be required to offset expenses incurred.
Page 1 of 12
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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 shali be obligated to pay under this paragraph or
other provisions of this Lease. Additional Rent shall include, but is not limited to, the
following fees, costs and expenses: `
(1) ail utilities, including water, electric, gas, telephone, sewage and gazbage colIection
and disposal;
(2) costs for the repairs, improvements or alterations required to be made bythe LESSEE
in pazagraph 11 of this Lease;
(3) all taxes on realty or personalty, general or special;
�� ��� (4) all public rates, dues, charges and assessments, general or special, of any kind upon
s���� i� -�vs� noc.c) � Leased Premises; and
�wb� ecf- fo '��-XeS �
n-�he euen f� �eccSer � properry insurance premium and/or uninsured losses as set forth in pazagraph (7) of
c�c cg_ tp��n.P,�J �s Lease.
b y�a+r�5 e y C� �� event that LESSEE does not make such payments (or anypayments required to be paid
�"hcc f 7l�;P ,P.¢,o�p.pri {i� as Additional Rent), LESSOR may make the payments at its option, and the payments so
-'� c,c l d h e--fa-Xe c�,� Paid become Additional Rent, and are due and payable by the LESSBE with the payment of
o ��� r , �, �� Basic Rent next required after written notice of same to the LESSEE by LESSOR.
=c� u. cd f �t- w�;�ce�e - �/•R ,( �°a sP fo r� �i � c� - �< �s -f�-�c ex-e _r��o, f; � du.kc S .. . .
• (5j "lases. Lh���,�. snati be responsible for and pay all taxes and assessments against the Leased
Premis except that LES5EE may at its own expense contest and challenge the imposition or
amount of any su or assessment as prescribed by law; provided, however, that in the event this
Lease is terminated by either ESSOR may at its .option requiz� •tk�e T.�SSEE to pay such
contested taxes pending appeal, to place in es um sufficient to pay said taxes, or take other
action that will remove said contested taxes as an encumbrance o' exception to the
transferability of marketable title to the Leased Premises.
(6] Ri2ht of Entrv. At all times during the term of this lease, the LESSOR shall have the right, by itself,
its agents 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.
[7) Insurance.
(A) LESSOR'S Insurance. The LESSOR shall acquire and keep in effect durino the term of this
agreement the following coverages:
(1} FIREANDALLRISKINSURANCE,ontheLeasedPremiseswithlimitsofnotless
than �shall be purchased by the LES50R; the LESSEE shall pay, as Additional
Rent, the premium for said insurance and, in the event of a claim, any deductible.
Said insurance shall name the City of 3aint Paul as the insured. With respect to any
loss of the LESSOR'S property not covered by insurance, it shall be the responsibility
� of the LESSEE, within a reasonable time, to pay all costs to repair or replace the
damaged property with like kind, such reasonable time to be determined by the
LESSOR. LESSEE shall be responsible for insurance of its own property.
Page 2 of 12
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(B) LESSEE'S Insurance. The LESSBE 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
Commercial Property Insurance on, its personal property.
(2) COMMERCIAL GENERAL OR PUBLIC 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 $1,000,000, per occurrence, $2,000,000 aggregate, 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 LBSSOR'S insurance or self-insurance; (c) include an
"all services, products or completed operations" endorsement ,(d) not exclude
explosion, collapse and underground property damage; (e) be written on an
"Occurrence" Form policy basis; and (fl not contain an"aggregate" policy limit
unless specifically approved in writing by LESSOR.
(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 shall be the sole responsibility of the LESSEE to purchase and maintain additional
insurauce tYiai may be necessary ii1 relation 10 tliis lease.
(5) Nothing in this contract shall constitute a waiver by the LESSOR of any statutory
limits or exceptions on liability.
(6) LESSEE shall place the insurance with responsible 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 set forCh in
chapter 466 of Minnesota Statutes.
(C} Waiver of Subro¢ation. LESSQR�vaives its right of subrogation for damage to the Building,
contents therein, loss of use thereof, and/or loss of income, up to the amount of insurance
proceeds cotlected. LESSEE �vaives its right of subrogation for damage to property in the
Leased Premises, loss of use thereof, loss of income and/or accounts receivable, up to the
amount of their respective insurance proceeds collected. The parties shall notify their
respective insurance companies, in �vriting, of the provisions of this paragraph; and, if either
�i cannot �vaive its subrogation rights, such party shall immediately notify the other party, in
writing.
Pa�e 3 of 12
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[81 Cancellation or Termination. This lease shall be subject to cancellation and termination by
• LESSOR at any time during the term hereof by giving the LESSEE notice in writing at ninety (90)
days, (thirty (30) days for leases with a term ofone (1) yeaz or less or any month-to-month tenancies)
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 retum any unearned rental paid by the
LESSEE without interest.
[9] Notice. All notices herein provided to be given, or that may be given by either pariy 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 thei3nited 5tates Mail, certified and postageprepaid, and addressed
to the LESSEE at the address stated on page (1) and to the LESSOR at the Real Estate Division,140
City Halt, 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] Assienment and Sublettin2. LESSEE shall not assign 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 Leased Premises.
[ll] Maintenance and Repairs. LESSEE and Midway Green Spirit Gardeners, at their own cost and
expense, shall be responsible for all maintenance and upkeep af the Leased Premises, including but
not limited to maintenance ofplantings and hedges and riuf covered paths within the garden area and
• for any signage, fencing or strucuires within the garden area; and shall be responsible for
maintenance of compost bins and the removal of plant material and trash generated by garden
operations.
LESSOR shall be responsible for mowing any turf covered areas not within the garden area and for
maintaining all trees and shrubs existing as of the date of commencement of this Lease and for the
removal of any trash not generated by garden operations (i.e. illenal dumping).
[12] Pavments in Case of Default. LESSEE shall pay LESSOR all costs and expenses, including
reasonable attorney'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 Lease,
or to recover possession of said property, whether such action progresses to judgment or not.
[13] 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
LESSOR in as good order and condition as the property was delivered to the LESSEE.
[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 all claims, demands, actions or causes of action
of whatsoever nature or character, arising out of or by reason 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 result of the operations or business activities taking place on the Leased Premises. It is fully
• understood and agreed that LESSEE is aware of the conditions of the Leased Premises and leases
the same "as is."
Page 4 of 12
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. [15] Holdover. Any holdover after the expiration of the term of this Lease 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-month. All other terms and conditions of this Lease shall be applicable.
•%
[16] Poliution and Contaminants. LESSEE agrees to comply with all ordinances, laws, rules and
regulations enacted by any governmental body or agency relatin� 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 hannless 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 chazge the LESSEE as Additional Rent for such costs should the LESSEE fail to comply.
[17] Controllin Lease. In 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 agreements as of the
effective date of this lease.
[18] Destruction. In the event of damage to or destruction o£ the Leased Premises or in the event the
premises becomes untenantable or unfit for occupancy due to such damage during the term of this
Lease, LESSOR may at its option:
(A) terminate the lease upon fifteen (15) days' written notice to LESSEE; or
(B) �vithin fifteen (15) days agree to restore the premises within a reasonable time period
foliowing the casualty, ch1�'ging the costs in excess of the insuranceproceeds, if any, to tl�e
LESSEE as Additional Rent; or
(C) may direct that LESSEE promptly restore the Leased Premises to substantially the condition
existing immediately prior to such damage or destruction, and for that purpose, if such dam-
age or destruction was caused by perils insured against the LESSOR shall make available to
LESSEE pro-rata, as work progresses, the net proceeds of such insurance. If such proceeds
are insufficient to pay the entire cost thereof, LESSEE agrees to pay as Additional Rent, a
lump sum payment (or in a form agreed upon by the LESSOR) equal to the remainder of
such cost.
The Basic Rents to be paid during the restoration period shall be abated in proportion to the
percentage of loss and impairment of the use of the Leased Premises as determined by the
LESSOR, times the mimber of days of loss or impairment.
[19} Events of Defnult. The occurrence of any of the following events during the term of this Lease shalt
constitute an event of default by the LESSEE:
(A)
�
�B)
the filing of a petition to have LESSEE adjudicated bankrupt or a petition for reorgani2ation
or arrangement under any laws of the United States relating to bankruptcy filed by LESSEE;
in the event a petition to have LESSEE adjudicated bankrupt is filed against LESSEE, the
failure to dismiss such petition +vithin ninety (90) days from the date of such filing;
Page 5 of 12
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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 }udicial proceedings;
LESSEE makes any assignment for the benefit of creditors;
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, cond'ation or agreement on its
part to be observed or performed as required by this Lease; or
the failiue by LESSEE or its suzety 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.
It 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 Lease 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 entitled upon such reentry, notwithstanding any other provision of this Lease, to
exercise such rights and remedies as are provided in Paragraph (24) of this Lease.
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[20] Com�liance �vith Laws. The property described herein may be used for only the purposes stated
herein. It is the sole and exclusive responsibility of the LESSBE in the use of the property to comply
�vith all laws, rules, regulations or ordinances imposed by any jurisdiction affecting 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, re�ulations or ordinances will not relieve the LESSEE of the obli�ation to pay the rental
provided herein.
[21] Non-Discriminition. The LESSEE for himself, his personal representatives, successors in interest
and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant
running with the land,that
(A) no person, on the ground ofrace, sex, color creed, religion, sexual or affectional orientation,
age, disability, marital or familial status, status with respect to public assistance or national
origin or ancestry shall be excluded from participating in, be denied the benefits of or be
otherwise subjected to discrimination in the use of said facilities;
(B) that in connection with the construction of any improvements on said lands and the
furnishing of services thereon, no discrimination shall be practiced in the selection of em-
ployees and contractors, by contractors in the setection and retention of first tier subcontract-
ors, and by first-tier subcontractors in the selection and retention of second-tier subcon-
tractors;
(C)
(D)
that such discrimination shall not be practiced against the public in its access in and use of
the facilities and services provided for public accommodations (such as eating, sleeping, rest
and recreation) constructed or operated on the Leased Premises; and
that the LESSEE shall use the premises in compliance with all other requirements imposed
pursuant to the Saint Pazil Legislative Code Chapter 183.
Page 6 of 12
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• (22] Liens. The LESSEE shall not permit mechanic's liens or other liens to be filed or established or to
remain a�ainst the Leased Premises for labor, materials or services fumished in connection with 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
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 undischazged and unsatisfied during the
period of such contest. If, in the opinion ofthe LESSOR, the nonpayment of any such items subjects
the Leased 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 fails to pay from the escrow
account, the LESSOR may pay and charge the LESSEE as Additional Rent.
[23] 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 judgement 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 taking, notwithstanding any other provision of law, this Lease or any other agreement:
LESSEE may to the extent other�vise permitted in the eminent domain proceeding, remove its own
• trade fixtures at its own expense.
[24] Default Remecties. In the event an Event of Default occurs under paragraph (l9) of this Lease,
LESSOR may cxercise any one or more of ihe follo�ving remedics:
(A) reenter and take possession ofthe Premises without termination ofthis Lease, and tise its best
efforts to else the Premises to or enter into an agreement with another person for the account
of LESSEE;
(B) terminate this lease, exclude LESSEE from possession of the Premises, and use its best
efforts to lease the Premises to or enter into an agreement with another in accordance with
applicable law;
(C) exchide LESSEE from possession of the Premises, with or without terminating this Lease
and operate the Premises itself;
(D) terminate the Lease, exclude LESSEE from possession of the Leased Premises, sell all or any
part of the Premises at the best price obtainable (provided such sale is permitted by applic-
able law,) such sale to be on such terms and conditions as the LESSOJt, in its sole discretion,
shall determine and apply the proceeds of such sale less any expenses thereof for the account
of the LESSEE.
(E) exercise any remedies available to it under the Minnesota Uniform Commercial Code;
� (F) take whatever action at law or in equity may appear necessary or appropriate to collect the
Basic Rent and Additional Rent then due and thereafter to become due, or to enforce
performance and observance of any obligation, agreement or covenant ofthe LESSEE under
this Lease.
Page 7 of 12
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• (G) in exercising any of its remedies set forth in this Section, the LESSOR may, whether or not
the Lease is then in effect, hoid the LESSEE liable for the difference between the payments
and other costs for which the LESSEE is responsible under this Lease.
No remedy herein conferred upon or reserved to LESSOR is intended to be exclusive of any other
available remedy or remedies, but each such remedy shall be cumulative and shall be in addition to
every other remedy given under this Lease or now or thereafter existing at law or in equity by statute.
l�o delay or omission to exercise any such right or power accruing upon any default shall impair any
such right or power or shall be construed to be a waiver thereof, but any such right and power may
be exercised from time to time and as often as may be deemed expedient. In order to entitle the
LESSOR to exercise any remedy reserved to it in this Provision, it shall not be necessary to give any
notice, other than such notice as may be herein expressly required.
[25] Default of Pavment. LESSEE agrees that, should it default on any payment owing and due to be
paid to LESSOR as provided in this agreement, including but not limited to Basic Rent and
Additional Rent, then the remaining unpaid balance shall, at the option ofthe LESSOR, immediately
become due. Said LESSEE further agrees that the LESSOR may, at its option and without notice to
LESSEE, enter judgment against LESSEE in Ramsey County District Court for the amount of the
unpaid balance. And LESSEE does hereby confess judgment 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 within one year
• of the time the last payment shall have come due, for the full amount of the unpaid balance due
pursuant to the confession of judgment provided herein.
[26] Installation of P'cr�cc. Tl�e L�SSOP. shall not install any fcncc within 15.00 icct of tlic curb.
[27] Plantin�s. Plantin�s �vithin 15.00 feet of the curb shall comply with the boulevard planting
ordinance: Section 105.04 of the Saint Paul Legislative Code, see "Exhibit "B", which is
incorporated herein by this reference.
[28] Amended. Anything herein contained to the contrary not withstanding, this Lease may be
terminated, and the provisions of this Lease may be, in writing, amended by mutual consent of the
parties hereto.
•
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IN WITNESS W�IEREOF, the parties hereto have set theiz hands and seals the day and year in this Lease
first above-written.
LES5012:
Mayor
City Clerk
Director — Office of Financial Services
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•
Department Director
City Attorney (Form Approval)
LESSEE:
Its /.�x.ec�./zu-c. �•,-e.� f
MIDWAY GREEN SPIRIT
GARDENERS
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EXHIBIT` ��� ����
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Sec.10�.0�. I3oulev�rd planting.
(a) Piirpose. It is the purpose and 3ntent of the City of Saint Paul to allo�v propeRy owners to plant an
maintain the boulevard areas adjoinin� their property in a manner �vhich enhances and improves the
aes[hetic appearance of city streets, avenues and alleys.
(b) De�jtitio�is.
Boulevnrd shall mean the public ri�ht-of-«�ay 1yin� be[ween the property line and sidewalk, and
between the sidewalk and the roadway, or where no sidewalk exists, behveen the property Ilne and tl
roadway.
Noxious tiveeds shall mean the �nnual, biennial and perennial plants which 1re deemed by tltc
comm+ssioner of ��riculture to be injurious to public health, environmen[, public roads, crops, lives!
and other prope�2y, as set for[h in Minn. Rules 1505.0730, includin� but not limited to: Convol`�ulu
�rvensis (Field Bindweed), Cannabis sativa (Hemp), Rhus radicans (Poison ivy), Euphorbia esula (I
Spurge), Sonchus arvensis (perennia] Sow thistle), Cirsium vul�are (bull Thi ;ume zss Thistle)� nse
(C�nada Thistle), Carduus nutans (musk This[lz) and Carduus �tcanCholdes (p
(c) P(nntii�gs perniirted. A property o��ner in the City oF Saint P��ul shall be pennittcd to plant, care
for 1nd maintain gardcns on the boulc��ards �djacef�t to their pcopert}', subjec� co the res[ric[ions set
� forth below.
(}) 1'fantin�s m�iy nol exccerl twcnty'-four (24) inchcs in hei�ht.
(2) Pl�u�tings m��sl bc inai�xaincd in such ai ���a�� tl�:�t thcic is n�� o��cih:�n� <�i cnuu;�;lunrnt unto tl�.
sidc��•aik, curb or stree[ area.
(3) Plancin�s ma}' includc flowcrs, vcgetaUles and other plants, but in no cvent shall any no�ious �
bc plantcd or maintaincd.
(4) No licrUicides, pes[icides and/or fertilizas may Uc used in thc maintenance of bardens uncfer C�,
section without written approvnl oF the city forester, which appt'oval shalt contain thc type and a��
of said herUicide, peslicide and/or fertilizec ��•hich is permi[ted.
(5) T;o �ardcn sha11 Uc pianted on tite boulevard wi[hout written cCocirmenta[ion that the prop�� �}'
has con[actcd "Gophcr Statc One Call" foi utility locations forty-eight (4S) hours bcEorc dlQ°�n�
has planned plantin�s wliich will not interFerc wi[h said utilitics.
(d) Cor��pticuice requirements. The citizen ser� ice ofFice department, di�•ision of property co�e
enforcement, shall have the �uthority to investi�ate bo«levatds to determine compliance with th
section. For ai�y pi�operty deemed to be in violation, the enforcement ofFicer shall gi�'e not�ce of
. �lleged violation to thc properry owner, follo���ing the procedures set fo�th in section 45.10 of tl�.
Paul Legislative Co<la The division of propeity code enforcement may ad���tionally determine �
a plantin� otlier�vise in compliance ���ith this chapter nonetheless poses a nuisan�� °t t��Z�`�' `���
take nction to abate such nuis�nce or haz�cd.
Page 11 of 12
EXHIBIT "B"
�flo �3 ��-
� (e) Pc�blic tivorks and zitilities. Notwiths[andin� the foregoin�> all such boulevards remain public
property and subject to the right of ihe city to perform necessary work, to plant, trim and otherwise
maintain trees, to access utilities and to store excess snow. Tn the event the city interferes �vith
boulevard plantings in the course of such work, it shall be responsible only to restore the boulevard to
the original grassy state by use of black dirt and grass seed. In no event shall the city be liable for any
dama�e to, disruption of or removal of plantin�s, either direct or indirec[, as a result of the city, its
employees, agents or con[ractors performin� any installation, maintenance or repairs.
(C.F. No. 9b-892, §§ 1, 9-30-96; GF. No. 99-1034, §§ 1, 11-10-99) �
.
u
Pa�e 12 of 12