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95-101Return copy to: Real Estate Division 140 City Hall Presented By Referred To Committee: Date �� 1 2 3 4 5 6 7 8 9 10 11 12 13 WHEREAS, the Metropolitan Waste Control Commission (MWCC) has requested permission to construct and maintain a stairway access to its Lake Street Siphon Tailbox from Mississippi River Boulevard over land belonging to the City of 5aint Paul and managed by the Department of Parks & Recreation; and WHEREAS, the Deparnnent of Parks & Recreation has agreed to MWCC;S request; and WHEREAS, L.ease Agreement PR/14 will grant pemussion to MWCC to construct and maintain such stairway access for a period of five years with the opuon to e�:tend the term in five year increments; THEREFORE BE IT RESOLVED, that the proper City officials are hereby authorized and directed to execute Lease Agreement PR f 14. Requested by Department of: Finance 8 Manaaement Services \ ��d � Director Adopted by Council : Date ��. � � 1 q �l S Adopti Certi£ied by Council Secretary Bp: Approved b M�p Date �'! `� � Bp : Y f /O.P//ill �!'� _ // , ORIGINAL RESOLUTION CI71( OF SAINT PAUL, MINNESOTA Form Approved by City Attorney s ���a�L,/�i�we�s.� �--/6— Sf � Approved by Mayor for Submission to Council Sy�G'!!�"���r�� �� l� �D�J cow►�u ��e # -ta( Green Sheet # �8a'� i ' F.M.S./REAL ESTATE DIVISION Date: 1/4/95 Green Shcet Nnmber: 2g7g2 1 FPARIMFNP DIRECPOR 6(iPY QOUN(II, Peaon �d Phone N�bet r' 2 A71�ORNCY 5 QERg ..sa Dave I�telson 266-8850 �' DIBECfOR 3 & MGT. SVG DIR. YOR(ORAS9SPAN1) 7 r?c�'a�rFDIVLS[ON ffi[ be on Couool A�ada by: # OF �GNAIURE PAGES I (QlP AIS.I.00A1i01� FOR QGNAIVRL� C1ION REQUESiFD: o anthorize Lease Agreement PR/14 granting to the Metmpolitan Waste Control Commission (MWCC) rmission to construct and maintain staiiway access to its Lake Street Siphon Tailbos. e£ 1. Council Resolution ior approval; 2. Sample Copy of Lease Agreement PR/14. N9�d�IDATIONS APPROVS (A) OR REILCf (R) NAL SEItVICE CONfRACl'S MUST ANSR�f,+R THE FOIIAWING PIAIVNQQG COMAIISSION ST�' Has the pe�on/5� ever wotted mda a oonttaiY for 16is depaitment? YES NO CdVQ. SERV[CE COMf�SIS40% Has this pea�(6rm ever 6xn a 6ty e�pbpx? YFS NO CID COMMf11Fd. lloes this petson/fam poase� a skBt not mimat 6 9 �9 — (�tent(Styemplo9ee? YL�S NO � a➢ YES a�wes � a separete shxt and atlTh. R1S WIIIQI COUNQ[. OBlEC11VE? covrrcn, wn�s� 4 DISTRICl' PIANPllNG COUNQ[. 13 1ING PROBLFd1f, ISSUF., OPPOICI'UNIlY (Who, Whak Wheo. Whete. WhY-�X CC requested permission to construct and maintain stairway access to its Lake Street Siphon Tailbox. S+ac^^^��" .'�=a�^r�rr�#s ` VANI't1GPS IF APPItOVPD: _., _ _ .. ... CC will have stairway access to its Lake Street Siphon Tailbox. eai^�:9V.L v f��� ISADVANl'e1GES IF ApPROVFD: N/A JAN i3 199a ���� � ��� ISADVANl'AGES IF NOT APPROVFD: CC will not have stairway access to its Lake Street Siphon Tailbox irTAL AMOUNl' OF TRANSACIION: $1�(�0 COSf/AEVFNUE BUDCEIFD (QRQE ONL� YPS NO ING SOURCE NIA AG'lIVI1X NUMBER: GAI.IlVFORMAIIOK (E}�IAII� q5- f al (prla� Revised 9J29/94 Authority LEASE NO. FINANCE DEPT: LEASE NO. PR f 14 DAT'E: July 1. 1994 LESSOR: CTTY OF SAINT PAUL DEPARTNTENT OF PARKS & RECREATION LESSEE: MEIROPOLITAN COUNCIL 230 East Fifth Street Saint Paul. Minnesota 55101 [1} Leased Premises. The LESSOR, in consideration of the 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," consisting of that portion of City property required for construction and maintenance of stairway access to the LESSEE'S Lake Street Siphon Tailbox from Mississippi River Boulevard. See F�hibit "A", plan or map of leased azea which is incorporated herein by this reference. A.O.# CITY OF SAINT PAUL STANDARD LEASE AGREEMENT [2] Term of Lease. This lease shall 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) Commencing Date Ending Date 5 years April 1, 1995 March 31, 2000 LESSEE shall have the option to extend the term of this agreement in five year increments, with all other terms and conditions remaining in full force and effect, by written request at least 90 days prior to the ending date. �5-(Dl [3] Use of Premises. The LESSEE shall use and occupy the Leased Premises for the following purpose: Construction and Maintenance of Stairwav Access to the LBSSEE'S Lake Street Si�hon Taiibox and for no other purpose without the prior written consent of LESSOR. Design of the stairway and construction schedule are subject to approval by the L,ESSOR prior to construction. [4] Kent. Rent shall consist of Basic Rent and such Additional Rent as may apply. LESSEE shall pay all rent in advance, on the fust day of the term of the lease and on the first day of each payment period thereafter as indicated in the Payment Schedule below: (A) Sasic Rent Schedule Total Basic Rent During Lease Term $1,000.00 (Payment Period — annual Commencing Date April 1, 1995 $200.00 (B) Additional Rent. Additional Rent means a11 amounts, other than Basic Rent provided for in paragraph [4-A] above, that LESSEE shall be obligated to pay under any provision or provisions of this Lease. In the event that LESSEE does not make such payments (or ax�y payments required to be paid as Additional Rent), LESSOR may make the payments at its option, and the payments so paid become Additional Rent, and are due and payable by the LESSEE with the payment of Basic Rent next required after written notice of same to the LESSEE by LESSOR. LESSEE shall make all payments of Basic Rent and Additional Rent to LESSOR at the following address: Department of Parks & Recreation - 300 Citv Hall Annex - Saint Paul. Minnesota 55102 (i) The applicable account number for CYty Finance Accounting Code is: [5] Right of Entry, At all times during the term of this lease, the LBSSOR 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. — $ per Period) 2 � 5-fal [6] Insurance. (A) LESSEE'S Insurance. LESSEE shall provide during the term of this lease the following coverage: (1) PERSONAL PROPERTY INSURANCE. The LESSEE shall be responsible for insurance to the fuil value of its personal property, either by: (a) providing self insurance; or (b) acquiring Commercial Property Insurance. {2) COMPREHENSIVE GENERAL LIABILIT'Y INSURANCE. Tf�e LESSEE shall be responsible for providing comprehensive general liability coverage, 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 $600,000 per occurrence. LESSEE shali provide such insurance by: (a) providing self insurance; or (b) acquiring comprehensive general liability insurance. Such insurance shall: (a) name the City of Saint Paul as additional insured; (b) be primary with respect to LESSOR'S insurance or self-insurance; (c) not exclude expiosion, collapse and underground property damage; (d) be written on an "Occurrence" Form policy basis; and (e) not contain an "aggregate" policy limit unless specifically approved in writing by LESSOR. (3) AUTOMOBILE LIABILITY INSURANCE. The LESSEE shall provide automobile liabiiity coverage with minimum limits of $600,OOQ combined single limit and $1,000,000 aggregate, covering hired, non-owned and owned automobiles. LESSEE shall provide such coverage by: (a) providing selfinsurance; or (b) acquiring automobile liability insurance. (4) WORKERS' COMPENSATION INSURANCE. LESSEE shall provide workers compensation coverage with not less than statutory minimum limits; and EMPLOYERS' LIABILIT'Y II3SURANCE with minimum limits of at least $100,000 per accident and with an all states endorsement. LESSEE shall provide such coverage by: (a) providing self insurance; or (b) acquiring workers' compensation insurance. [c] �5-�oi (5) The LESSEE shall supply to LESSOR current insurance certificates for policies required in Paragraph [6] or, where applicable, a copy of its Af�idavit of Self- Insurance. The said insurance certificates sha11 certify whether or not the agent has errors and omissions insurance coverage. (6) The limits cited under each insurance requirement above establish minimums; and it is the sole responsibility of the LESSEE to purchase and maintain additional insurance that may be necessary in relation to this lease. (7) 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 [6j shall be endorsed to indicate that the insurer cannot cancel or change the insurance without first giving the LESSOR 30 days' written notice. (8) Nothing in this contract shall constitute a waiver by the LESSOR of any statutory limits or exceptions on liability. (B) Waiver of Subro at� ion• LESSOR waives its right of subrogation for damage to the Building, contents therein, loss of use thereof, and/or loss o£ income, up to the amount of insurance proceeds collected. LESSEE waives its right of subrogation for damage to property in the Leased Premises, loss of use thereaf, loss of income and/or accounts re- ceivable, up to the amount of their respective insurance proceeds collected. The parties shall notify their respective insurance companies, in writing, of the provisions of this paragraph; and, if either cannot waive its subrogation rights, such party shall immediate- ly notify the other party, in writing. [7] 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 one (1) year 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 return any uneamed rental paid by the LESSEE without interest. [8] Notice. All notices herein provided to be given, or that may be given by either party 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 the United States Mail, certified and postage prepaid, and addressed to the LESSEE at the address stated on page {1) and to the LESSOR at the Real Estate Division, 218 City Hall, Saint Paul, Minnesota 55102. The address to which the notice shal] 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. e! _ R5 io� [9] Assignment and Subletting LESSEE shall not assign or subiet this Lease without the written consent of the LESSOR, which consent must be obtained prior to the execution of any agreement to sublease the L,eased Premises. [10] Maintenance and Repairs. LESSEE shall, at its own cost and expense, be responsible for all repairs, maintenance and upkeep of the Stairway Access and the grounds beneath and surrounding the Stairway Access, including but not limited to emergency repairs of any kind; routine maintenance and repair to keep the Stairway Access in good repair, safe and in compliance with applicable fire, health, building and other life-safety codes; and all repairs and maintenance needed to keep the I.eased Premises, including all grounds, fences and paths servicing the Stairway Access, in good condition. The foregoing obligations shall bind the LESSEE regardless of the cause (other than, in whole or in part, negligence by the LESSOR) of the damage or condition necessitating the repair or maintenance. [ll] Paxments in Case of Default. LESSEE shall pay LESSOR all costs and expenses, including reasonable attorney's fees in any action, in which the LESSOR is the prevailing party, to recover any rent due and unpaid hereunder, or for the breach or default of any of the covenants or agreements contained in this L.ease, or to recover possession of said property, whether such action progresses to judgment or not. [12j Surrender of Premises. The LESSEE, at the expiration of the initial term or the final subsequent term if this L.ease Agreement is to be renewed, or any sooner termination of this lease pursuant to the terms of this agreement, shall quit peacefully and surrender possession of said property and its appurtenances to LESSOR. Except as requested in writing by the LESSOR, the LESSEE shall remove any improvements it has installed or constructed, and shall restore the I,eased Premises to as good order and condition as it was delivered to the LESSEE. [13] 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 construction and use of the herein described Stairway Access by the LESSOR to the LESSEE, or condition of the L,eased Premises or as a result of the operations or activities taking place on the L.eased Premises. It is fully understood and agreed that LESSEE is aware of the conditions of the grounds surrounding and beneath the proposed Stairway Access and leases the same "as is." This indemnification shall not apply in the event of claims, demands, actions or causes of action arising, in whole or in part, out of or by reason of negligence on the part of the LESSOR. [14] Holdover. Any holdover after the expiration of the term of this Lease shall be ailowed 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. 5 ��-�o► [15] Pollution and Contaminants. LESSEE agrees to comply with all ordinances, ]aws, rules and regulations enacted by any governmental body or agency relating 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 harmless LESSOR from all liability, including 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 charge the LESSEE as Additional Rent for such costs should the LESSEE fail to comply. [16] Controlling Lease. In the event there is any prior existing lease or rental agreement betv✓een 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. [17] Destruction. In the event of damage to or destruction of the Stairway Access or in the event the premises becomes untenantable or unfit for occupancy due to such damage during the term of this I,ease: (A) LESSOR may at its option terminate the lease if: (1) within fifteen (15) days LESSEE has not declared its intention to restore the Stairway Access; or (2) within s'vcty (60) days LESSEE has not restored the Stairway Access. (B) LESSEE may at its option terminate the lease provided that it shall remove any structures or improvements it has constructed, including the said Stairway Access. [i8] Events of Default. The occurrence of any of the following events during the term of this L,ease shall constitute an event of default by the LESSEE: (A) the failure by LESSEE to timely pay Basic Rent or Additional Rent as required by this Lease; (B) the failure by LESSEE to observe and perform any covenant, condition or agreement on its part to be observed or performed as required by this Lease; or (C) the failure by LESSEE or its surety to discharge, satisfy or release airy lien or lien statement filed or recorded against the property within s'vcty days after the date of such filing or recording, whichever date is earlier. 0 q5-lbl It is an e�cpress 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 [21] relating to liens by giving not less than ten days' written notice to LESSEE; and when so terminated, LESSOR may reenter the Lzased Property. 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 [23) of this Izase. [19] Compliance with Laws. 'The property described herein may be used for only the purposes stated herein. It is the sole and exclusive responsibility of the LESSEE in the use of the property to comply with 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, regulations or ordinances will not relieve the LESSEE of the obligation to pay the rental provided herein. [20] Non-Discrimination. 1'he LESSEE for itself, its 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 of race, sex, color creed, religion, age, disability, marital 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 discrimina- tion 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 employees and contractors, by contractors in the selection and retention of first tier subcontractors, and by first-tier subcontractors in the selection and retention of second-- tier subcontractors; (C) thai such discrimination shall noi be practiced against the public in its access in and use of the facilities and services provided for public accommodations (such as eating, sleep- ing, rest and recreation) constructed or operated on the Leased Premises; and (D) that the LESSEE shall use the premises in compliance with al] other requirements imposed pursuant to the Saint Paul L.egislative Code Chapter 183. r� q�-roi [21] Liens. The LESSEE shall not permit mechanic's liens or other liens to be filed or established or to remain against the Leased Premises for labor, materials or services fumished in connection with any additions, modifications, improvements, repairs, renewals or replace- ments made to the Leased Premises, or for a� 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 estabTished and in such event may pemrit the items contested to remain undischarged and unsatisfied during the period of such contest. If, in the opinion of the LESSOR, the nonpayment of any such items subjects the Lzased Premises to any loss or forfeiture, the LESSOR may require the LESSEE to use the escrow 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. [22] Eminent Domain. In the event the entire L,eased Premises are taken by eminent domain, or such portion thereof is so taken that in LESSBE'S reasonable judgement it is uneconomic thereafter to restore the Stairway Access and proceed under the terms and provisions of this L,ease, LESSEE may terminate this L.ease 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. [23] Default Remedies. In the event an Event of Defauit occurs under paragraph [i8] of this I,ease, LESSOR may exercise any one or more of the following remedies: (A) terminate this lease and exclude LESSEE from possession of the Premises; (B) 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 of the L�SSEE under this Lease. (C) in exercising any of its remedies set forth in this Section, the LESSOR may, whether or not the Lease is then in effect, hold the LESSEE liable for the difference between the payments and other costs for which the LESSEE is responsible under this L,ease. 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. No delay or omission to exercise any such right or power accruing upon any default shal] 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. �3 �5-lb! [24j Default of Payment. 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 of the 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 grovided 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. [25] Alterations. The LESSEE wil] not make any alterations to the premises without the written consent of the LESSOR, such consent not to be unreasonably withheld. If the LESSEE desires to make any such alterations, an accurate description shall first be submitted to and approved by the LESSOR and such alterations shall be done by the LESSEE at its own expense. All such work shali be performed under the LESSOR'S supervision and airy improvements made to the L.eased Premises at the LESSEE'S e�ense shali become the property of the LESSOR at the end of the Lease period. LESSEE agrees that all alterations will be done in a workmanlike manner and in conformance with applicable buiiding codes, that tt�e structural integrity and building systems of tbe building will not be impaired, and that no liens will attach Ta the premises by reason thereof. [26] Amended. t�nything herein contained to the contrary not withstanding, this Lease may be terminated, and the provisions of this L.ease may be, in writing, amended by mutual consent of the parties herein. E �l5 �(ol IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year in this Lease first above-v.�ritten. LESSOR: NfA Mayor N/A City Clerk Director of Finance and Management Services Department Director City Attorney (Form Approval) LESSEE �-/Ei�'oPa� -�vu.t'G;/ �- l�(e�. �a-�e r Its M',9�,'AL=GE' - Gt`�si�1�19�2 o��P✓�c-�S its �/ �ts , �/"�✓L/�:N QO * ��n - � � � ! � ��� �� ��� �� �o 95-�0� ( STAIRWAYACCESS TO METROPOLITAN COUNCIL'S LAKE STREET SlPHON TAILBOX FROM MISSISSIPPI RIVER BOULEVARD ��o '� � � _—.-- — —. 16 LF 29� RC.P.. GL 7Y ' _ (tom M.N 2] to M-H- 82 ... R � r ?, 't �%.:4. � � � Y . .4',.�4: \ \y.._ �"S• ` �4. \ iv -: ��s.� `? : � E: , �; ,} �;� � . . � I � � 1 —` � : 3��M ♦ O�T-' v I . 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