95-102• � ,-ct,
11������,r`t
C1TY
Presented By:
Referred To:
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Committee: Date
WHEREAS, To maintain the streets of the City of Saint Paul in a safe and passable condition during the
winter snow season, ii is necessary to remove from the streets as many vehicles as possible thai are in
viofation of snow emergency regulations; and
WHEREAS, The Police Department fmpound Lot is not large enough to store all impounded autos during
the winter towing season; and
WHEREAS, represeniatives of the Police Department have tenatively agreed to rent overtlow storage space
from the Saint Paul River Terminal Corporation and Shiely Company; and
WHEREAS, the Real Estate Division has confirmed that the agreed upon rents are representative of market
values for similar property; and
WHEREAS, it is necessary to increase the work force of the Impound Lot by a minimum of two seasonal
positions to handle the increased rate of towing during the months of January, February, March, and
December; and
WHEREAS, 7he Mayor pursuant to Section 1 �.07.1 of the Charter of the City of Saint Paul, does ceRify that
there are available for appropriation funds in excess of those estimated in the 1995 budget; and
WHEREAS, The Mayor recommends that the following addition be made to the 1995 budget:
FINANCING PLAN
435-Police Impound Lot
24050-Impounding Lot
4077-Towing Revenue
4Q95-Administration Fee
All Other Fund Spending
SPEPJDING PLAN
435-POlice Impound Loi
24050-Impounding Lot
0122-Part Time Not Certified
0281-Rental - Land
0299-Other Misc. Services
AIt Other Fund Spending
MITfNESOTA
Counci� Fi�e # 5- I b�'
Green Sheet # � � g j�
�
Paqe 1 of 2
CURRENT
BUDGET
GHANGES
AMENDED
BUDGEf
280,000.00
14�,OO�.UO
689,415.00
1,109,415.00
0.00
21,000.00
360,000.00
728,415.00
1,109,415.00
75,000.00
3�,�0�.00
0.00
105,000.06
15,249.00
4,400.00
85,351.00
0.00
105,000.00
NOW, THEREFORE BE IT RESOLVED, that the proper City Officials are hereby authorized and
directed to execute Lease Agreement PD/27 with the Saint Paul River Terminai; and
(Continued on ne� page)
355,000.00
170,0O�.OQ
689,415.00
1,214,415.00
15,249.00
25,400.00
445,351.00
728,415.00
1,214,415.00
C122994A
q5.���
.�
Councii Fie #
Green Sheet 3
Page 2
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NOW, THEREFORE BE IT RESOLVED, that the proper City Officials are hereby authorized and
directed to execute Lease Agreement PD/28 with the Shiely Company; and
BE IT FURTHER RESOVED, that the Impound Lot be authorized to hire two seasonal employees for
the manths of January, February, March, and December.
BE iT FUR7HER RESOLVED, That the City Councif approves these changes to the 1995 budget.
Adoptio Certified by Councii S creta :
By:
Approved by I r. te / j� ; ,�s�' ,�/
B Y' ���2�' ��(�G.k'
Requested by Dep�+e�nt of:
Police
�
Approval
by
Sy: __�� d�-�-� U� "�-�-�C
Form ApprA� y�City Attorney:
BY� .�� �itivi-e� /- /( �r
Appro� by May for b+'opgo C_ouyicl:
BY� 1�'`.,1��di� � ��/ z�
.i-y=---.. .
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C122994A
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St. �a�l t�ofice Department Date: 1/3/1945 Green She� Nnmber. g13gp
� � 1 PPARTIdFl�ir DIRLCIUR 5 QiY COUN(�.
Pc�on aod P6me Nambet
d, 2 ATTORNEY �,/ 4 (3�Rg
Lt. Stephen Roscoe 292-3520 � DIRECYOR 3 .& MGL SVG DII4
6 YOR(ORASSSPANl) 7 FSTAIED1VLgON
os[ be on Comnl Age�da hq.
# OF SIGNATUSLE PAGES 1 (QIP AiI. IACATSO7$ ImR SSGI3AIURL�
CIION UASi'FD
o approve Lease Agreement PD/27 consisting of space for appm�mately 100 cazs, and Lease Agreement
D/28 consisting of space for approximately 200 cars, to be nsed as overIlow for the imponnd lot. To
ppmve the hiring of two seasonal employees for the months of January, February, March and December.
f: 1. Couneil Resolution for approval; 2. Sample copy of Lease Agreement PD f 27; 3. Sample Copy of
Lease Agreement PD/28.
M1b1II�IDATIONS: APPROVE (A) OR RE1HC"l (R) NAI. SIIZVICE CONl'RAC15 MUST ANSWER Ti1L� FOLiAYJING
PIAN[�II[1G CObIlNLSSION S�� L Has tht peson/E� ever wrted mder a cootmct for this depaztment? YES NO
QVII. SERVICE COMDRSSZON Has ttis peson/Srm ever 6een a Cfty empbqee? YES NO
CB COMhffP1II? Dors tha peaon/firm po�s a st�4 not noxmallY P� bY �Y
_ (Wnent Cty empbyee? YES NO
' all YES aoswea on a sepaiatc sheet and attazh.
Y(1RTS WEIICdI COUNCII. OB1EC17VE?
COUNQI. WARD(S� Z DISfRIGT PT1ITII�IQJG COUNQ[.
TING PROBLFM, SSSOE, OPPORl'UNC1Y (Who, What, When, Wheie, Why?x
e Snow Emergency Towing contract was separated from the basic towing contract. This will increase the
umber of vehicles removed from the streets of St. Paul that impede Public Works in plowing the streets o
St. Paul. This increased towing will necessitate an increase in storage capacity at the Impaund Lot. It
Iso increases the work that is necessary to process these towed vehicles.
VANfAGPS IF APPROVFA: t
e additional storage and personnel will allow the storage of snow emergency towed vehicles to be
andled in a proper, safe and efficient manaer.
�,�a• *% ° _ .� �' "���
°,�,..:,, _. �,,, x �
isnuvarrrn��s m arrxov�:
None °'��� �- � ����
LSADVANl'AC.ES IF NOT APPROVFD
f storage space and personnel are not available to handle the nwn �v,� �eow�d�during declared
snow emergencies, towing of these velucles will be curtailed, an��� �of Snow from the streets of St.
aul will be restricted. �����
AMOUPTI' OP TRANSACIION: ,� " COSP/REVF1VfJE BUDGL�'1FA (QRCLE ONL� YES NO
� TOS
ING SOURCE; Towed Vehicles A�i�vriy ��x: � 3 S� 24050
cr�u. n�oxMn�nox: <Exe�uv� Cost is passed on to owners of vehicles towed for snow emergency violations.
inimnm charge $70.00 per vehicle. Estimated 1500 vehicles towed during snow season.
y5-to2'
(Pd27)
Revised 12/21i94
Authority (C.F. or A.O.)
LEASE
FINANCE DEPT: LEASE NO. PD/27
DATE: December 2L 1994
LESSOR: St. Paul River Terminal Corporation
751 Barge Channel Road - St. Paul. Minnesota 55107
LESSEE: CITY OF SAINT PAUL
POLICE DEPARTMENT
751 Barge Channel Road
[1] Leased Premises. The LESSOR, in consid:eration of the payment of the Basic Rent and
Additional Rent hereinafter specified to be paid by ihe LESSEE, and the covenants and
agreements herein contained, does hereby lease, demise and let unto I,ESSEE the premises
hereinafter referred to as t2�e "I.eased Premises," whose address is:
and which is described-as:
space for approximately 100 vehicles within fenced property.
L
[3]
See E�:hibit "A", plan or map of leased area which is incorporated herein by this reference.
CITY OF SATNT PAUL
STANDARD LEASE
AGREEMENT
Term of Lease. This lease shall be in effect for a term commencing and ending on the dates
indicated below, unless terminated earIier by the LESSOR as provided herein.
Term
(Months/Years)
4 Months
Gommencing Date
December 1, 1994
Ending Date
March 31, 1995
CJse of Premises. The LESSEE shall use and occupy the Leased Premises for the foilowing
purpose:
Stora e of Impounded Vehicles
and for no other purpose without the prior written consent of LESSOR.
i
�f5-la2�
[4] Rent. LESSEE shall pay ail rents in advance, on the first day of the term of the lease and
on the first day of each payment period thereafter as indicated in the Payment Schedule
below:
Payment Schedule
Tota1 Rent
During Lease Term
$1,000.00
I (Period - Commencing Date - $ per Period)
Monthly December i, 1994 $250.00
LESSEE shall make all payments of Basic Rent and Additional Rent to
LESSOR at the following address:
751 Barge Channel Road - St. Paul. Minnesota 55107
The applicable account number for City Finance Accounting Code is:
[sl
Taxes. LESSOR shail be responsible for and pay all taxes and assessments against the
Leased Premises.
{6} Ri�ht of Entrx At ail times during the term of this lease, the LESSOR shall have the right,
by itseif, its agents and employees, to enter into and upon the Leased Premises during
reasonable business hours to examine and inspect the same, provided that such entry does
not interfere with the conduct of of�icial business or compromise security of the team
station.
[7] Insurance.
(A) LESSOR'S Insurance. The LESSOR shali acquire and keep in effect during the term
o£ this agreement the following coverages:
(1) FIRE AND ALL RISK INSURANCE, including fire, extended coverage and
all-risk insurance covering the Lzased Premises and all property located
therein belonging to LESSOR, in an amount equal to 90 percent of the ful]
replacement and reconstruction cost of the property.
(2) COMPREHBNSIVE GENERAI. LIABILITY INSURANCE including
blanket contractual liability coverage and personal injury liability coverage
with a combined single limit of not less than $600,000 per occurrence and
$1,000,000 aggregate. Such insurance shall (a) name the City of Saint Paul as
additional insured; (b) be primary with respect to LESSEE'S insurance or
self-insurance; (c) contain a standard cross liability endorsement.
(3) AUTOMOBILE LLABILIT'Y INSURANCE with minimum limits of $60Q000
combined single limit and $1,000,000 aggregate, covering hired, non-owned
and owned automobiles.
F:
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(4) WORKERS' COMPENSATION INSTJRANCE with not less than statutory
minimum limits; and EMPLOYERS' LIABILIT'Y INSURANCE with
minimum limits of at least $100,000 per accident and with an all states
endorsement.
(5) The LESSOR shall supply to LESSEE current insurance certificates for
policies required in Pazagraph (7). 'Fhe sai� certificates shail 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 LESSOR to purchase and maintain
additional insurance that may be necessary in relation to this lease.
(7) Nothing in this contract shali constitute a waiver by the LESSEE of arry
statutory limits or exceptions on liability.
(8) LESSOR shall place the insurance with responsible insurance companies
auihorized and licensed to do business in the State of Minnesota and
approved by LESSEE, and shail deliver copies of the policies to LESSEE 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 wiihoui first giving the LESSEE 30 days' written notice.
(B) LESSEE'S Insurance. The LESSEE shail 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) 'Ti�e LESSEE is self-insured under the laws of the State of Minnesota for the
purposes of tort ciaims against the LESSEE. See Eachibit "B", the LESSEE'S
Certi�cate of Self Insurance, attached hereto and, by this reference, made a
part hereof.
(C) Waiver of Subrogation. LESSOR waives 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 collected. LESSEE waives 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 writing,
of the provisions of this paragraph; and, if either cannot waive its subrogation rights,
such party shall immediately notify the other party, in writing.
{8] Cancellation or Termination. This lease shall be subject to cancellation and ternunation by
LESSEE at a� time during the term hereof by giving the LESSOR notice in writing at least
ninety (90) days 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 to
the LESSEE without interest airy unearned rent that the LESSEE has paid in advance.
qS,�o2�
[9J Notice. All nouces 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 LESSOR at the address stated on page (1) and to the
LESSEE at the Division of Valuations, Real Estate Section, 218 City Ha11, Saint Paul,
Minnesota 55102. The address to which the notice shatt he 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] Assignment and Subletting LESSEE shall not assign or sublet this Lease without the
written consent of the I,ESSOR, which consent must be obtained prior to the execution of
any agreement to sublease the Leased Premises.
[ll} Maintenance and Repairs. LESSOR shall, at its own cost and expense, be responsible for
all repairs, maintenance and upkeep of the Leased Premises, including but not limited to
emergency repairs of any kind; routine maintenance and repair to keep the L.eased Premises
in good repair, safe and in compliance with applicabie fire, health, building and other
life-safety codes.
[12] Surrender of Premises. The LESSEE, at the e�cpiration of said term, or any sooner
ternunation of this ]ease, 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.
[13j Indemniri: The LESSOR 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 con-
dition of the premises.
[14] Holdovec Any holdover after the expiration of the term of this L,ease shall be allowed only
after receiving the written consent of the LESSOR. Said tenancy shail be deemed to be a
tenancy only from month-to-month. All ather terms and conditions of this Lease shall be
applicable.
[15) Pollution and Contaminants. LESSOR agrees to comply with all ordinances, laws, 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. LESSOR shall bear all cost and expense arising from compliance with said
ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold harmless
LESSEE from all liability, including witl�out limitation, fines, forfeitures, and penalties
arising from the failure by LESSOR to comply with such ordinances, laws, rules or regula-
tions. LESSEE has the right to perform cleanup and deduct such costs from the monthly
rental payments should the LESSOR fail to comply.
[�
��-.�c�
[16j Contrelling Lease. In the event there is airy 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.
[17] Destruction. In the event of damage to or destruction of the L.eased Premises or in the
event tbe premises becomes untenantable ar unfit for occupancy due to such damage during
the term of this L,ease, LESSOR may at its option:
(A) terminate the lease upon fifteen (15) days' written notice to LESSEE; or
(B) within fifteen (15) days agree to restore the premises within a reasonable time �,eriod
following the casualty. �
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 proportion of said L,eased Premises that are in suitable condition for occupancy and are
actually occupied by the LESSEE.
Cisl Default Remedies. In the event the LESSOR fails to observe and perform any covenant or
condition of agreement on its part to be observed or performed as required by this Lease
and this failure persists for 30 days, the LESSEE may, at its election:
(A) send notice to LESSOR that self help measures will be taken by LESSEE and
charged to LESSOR, such charges to be deducied from subsequent payments of
Basic and Addational Rent beginning with the rent next due and continuing, should
the rent next due be insufficient to reimburse the LESSEE'S expenditures, until such
time as LESSEE has been fully reimbursed for said expenditures and reasonable
accrued interest; or
(B) terminate this L.ease by giving not less than thirty days' written notice to LESSOR,
provided that, should the LESSOR rectify its failure to observe or perform as
required within the said thirty day period or by a mutually agreed upon date, said
written notice shall be withdrawn.
Termination, as provided in this paragraph shail release the LESSEE of any further
obligation to pay Base Rent or Additional Rent, as defined in Paragraph (4), to
LBSSOR or to LENDER. Any monies paid in advance for rental of the Leased
Premises subsequent to the date of termination shall be refundable to the LESSEE
and shall be due on the date of termination.
[19] Compliance with Laws. The property described herein may be used for oniy the purposes
stated herein. It is the sole and exclusive responsibility of the LESSEE in the use of the
property to comply with al] laws, rules, regulations or ordinances imposed by airy jurisdiction
affecting the use to which the property is proposed to be put. The LESSOR shall comply
with all laws, rules, regulations or ordinances imposed by any jurisdiction affecting conduct
on the property, and shall allow no violation of such laws, rules, regulations or ordinances
by its agents or employees or by other tenants.
7
qs �oz
(20] Liens. I3either the LESSOR nor the LESSEE shali permit mechanic's liens or other liens
to be filed or established or to remain against the I.�ased Premises for labor, materials or
sarvices fumished in connection with azry additions, modifications, improvements, repairs,
renewais or replacements made to the L.eased Premises, or for airy other reason. Ttie
LESSOR and the LESSEE shali indemnify, defend, save and hold harmless the other from
all claims, demands, actions or causes of action of whatsoever nature or character arising
therefrom. In addition, LESSOR agrees to indemnify, defend save and hold harmless the
L.ESSEE from all cla.ims, demands, actions or causes of action of whatsoever nature or
character arising out of or from aary activities of LESSOR or persons or companies under
its control and supervision.
[21) Eminent Domain. In the event the entire Leased Premises are taken by eminent domain,
or such portion thereof is so taken that in the LESSEE'S reasonable judgement it is
uneconomic or otherwise impractical thereafter to restore the L.eased Premises and proceed
under the terzns and provisions of this lease, LESSEE may terminate this Lease by giving
to the LESSOR thirry days' written notice of termination, effective as of ihe date on which
the condemning authority acquires legal title to or physical possession of the L,eased
Premises. The LESSEE shall be entitled to its leasehold interest in all economic damages
in the condemnation award. LESSEE may, to the extent otherwise permitted in the eminent
domain proceeding, remove its own trade fixtures at its own eapense.
[22] LESSEE'S Obligations. The LESSEE will keep the I.eased Premises clean and will not
allow airy condition to exist that would create a nuisance or fire hazard, or that would
increase the rate of insurance on the I.eased Premises.
LESSEE shall not waste or misuse water, gas, steam or any other utilities furnished by the
LESSOR. LESSEE shali not, in any manner, deface or injure, or permit the defacing or
injury of, said L.eased Premises or any part thereof, or overload the floors.
LESSEE shall, at its own expense, repair any injury to the Leased Premises, other than
ordanary wear and tear, that has occurred during the term of the lease.
[23] Non-Disturbance in the Event of Change of Ownership. In the event of the sale of the
L.eased Premises or foreclosure of the mortgage or any change of ownership by other means,
the instrument of transfer shall bind the succeeding owner, as a direct lease between the
succeeding owner and the LESSEE, to the covenants and obligations of LESSOR as
described in this L.ease Agreement for the balance of the term of said lease.
The holders of any mortgages that predate this lease, upon succeeding the LESSOR as
owners of the Leased Premises, shall be bound as by a direct lease with the LESSEE to the
covenants and obligations of LESSORS as described in this lease agreement.
Upon assumption by the succeeding owner of said covenants and obligations, the LESSOR
shail be relieved therefrom, provided, however, that the LBSSOR shall not be released from
arry claim resulting from a default of the LESSOR occurring prior to the date of such sale.
LESSEE shall accept the succeeding owner as LESSOR and shall adhere to all terms and
conditions of the LESSEE as described in this L.ease Agreement for the balance of the term
of said ]ease.
3
�s �aa�
[24] A3tesations. The LESSEE will not make any alterations to the premises without the written
consent of ihe LESSOR, such consent not to be unreasonabiy withheld. If the LESSEE
desires to make airy such alterations, an accurate description sha11 first be submitted to and
approved by the LESSOR and such alterations shail be done by the LESSEE at its own
eagense_ All such work sha11 be performed under the LESSOR'S supervision and airy
improvements made to the Leased Premises at the LESSEE'S expense shall become the
properry 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 building codes,
that the structural integrity and building systems of the building will not be impaired, and
that no liens will attach to the premises by reason thereof.
[25] LESSEE'S Si�ns. L,ESSEE may elect at its own cost and expense to provide and install an
exterior sign; provided, however, that the size, design and manner of installation of said sign
shall be subject to the written approval of the LESSOR.
[26] LESSEE'S Personal PropertY LESSOR shall have no obligation to repair or maintain any
personal property or equipment brought into the Leased Premises or installed therein by
LESSEE for LESSEE'S purposes, and LESSEE shall be pemutted to remove said personal
properry upon the termination of this Lease. LESSEE shall, at its own eacpense repair airy
damage to the Leased Premises caused or created by the installation or removal of said
personal property.
[27] LESSOR'S Release of Responsibilitv_. LESSOR shall not be responsib]e for security of the
area or for damage or theft of vehicies or other property stored on the L.eased Premises.
[28] Amended. Anything herein contained to the contrary notwithstanding, this Lease may be
terminated, and the provisions of this Lease may be, in writing, amended by mutual consent
of the parties herein.
�
�t S, �02�
IN.'WITNL�SS WHEREOF, the partits hereto have set their hands and cenls the day and ycar in
this L�ease first abave-writtcn.
MaYor
C:ity Clerk
Director of Financc and
Management Services
Departmant birector
v ary astom�y � orm A PP�)
LESSax
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F to
� Lease Agreement PD/27
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CITY OF SAINT PAUL
?�om Coteman, ?✓,m�or
9���
OFFICE OF THE CITY ATTORKEY
Tinro;hp E. Mcrx, Cr��Arrorncy
Cnii D'n�ision
:0'J Ciry� Hall Te1cpF�r.e: 672 ?65-Si10
IS A'cst Krllogg Bh�d. Facsin:iJe: 612 298-5619
Scint Pcul, ,d!ir.r,escra 55702
Exhib+t "B"
to
Lease Agreement PD/27
TO Yr�'IOM IT MAY COATCERN:
This letter is to confirn that the City of Saint Paul,
Minnesota, is self-insured under the provisions of Minnesota
Statutes Section 466.01, et seq, for the purposes of tort claims
against this municipality.
Yours very truly,
J���� �
JOHN B. MC COR�iICK
Deputy City Attorney
Civil Division
c�aas�
Revised 12/21/94
Authority (C.F. or A.O.)
LEASE
FINANCE DEPT. LEASE I�TO. PDL28
DATE: December 21. 1994
LESSOR Shielv Comgany
_ 2915 Waters Road, Suite 105 - Eagan Minnesota 55121-1523
LESSEE: CITY OF SAINT PAUL
POLICE DEPARTMENT
681 Barge Channel Road
[1] Leased Premises. The LESSOR, in consideration of the payment of the Basic Rent and
Addifional Rent hereinafter specified to be paid by the I,ESSEE, 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 approximately 1,5 acres of
enclosed land whose address is:
and which is described as space for over 200 vehicles within fenced property.
I2l
[3l
See E�ibit "A", plan or map of leased area which is incorporated herein by this reference.
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 L.ESSOR as provided herein.
Term
(Months/Years)
3 Months
Commencing Date
7anuary 1, 1995
c� �=ro�
CITY OF SAINT PAUL
STANDARD LEASE
AGREEMENT
Ending Date
March 31, 1995
Use of Premises. The LESSEE shall use and occupy the Leased Premises for the following
purpose:
Storage of Impounded Vehicles
and for no other purpose without the prior written consent of LESSOR.
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{4] Rent. LFSSEE shall pay all rents in advance, on the first day of the term of the lease and
on the fust day of each payment period thereafter as indicated in the Payment Schedule
below:
Payment Schedule
Total Rent
During Lease Term
$2,550.00
� (Period - Commencing Date - $ per Period)
Monthly January 1, 1995 $850.00
LESSEE shall make all payments of Basic Rent and Additional Rent to
LESSOR at the foilowing address:
2915 Waters Road. Suite 105 - Eagan. Minnesota 55121-1523
'The applicable account number for City Finance Accounting Code is:
[5]
Taxes. I.ESSOR shall be responsible for and pay all taYes and assessments against the
L.eased Premises.
[6] Riu_ht of Entr�. At all times during the term of this lease, the LESSOR sha11 have the right,
by itself, its agents and employees, to enter into and upon the Leased Premises during
reasonable business hours to examine and inspect the same, provided that such entry does
not Interfere with the conduct of official business or compromise security of the team
station.
[7] Insurance.
(A) LESSOR'S Insurance. The LESSOR shall acquire and keep in effect during the term
of this agreement the foilowing coverages:
(1) COMPREHENSIVE GENERAI. LIABILTTY INSUItANCE including
blanket contractual liability coverage and personal injury liability coverage
with a combined single limit of not less than $600,000 per occunence and
$1,000,000 aggregate.
(2) AUI`OMOBILE LIABILITY INSURANCE with minimum liznits of $600,000
combined single limit and $1,000,000 aggregate, covering hired, non-owned
and owned automobiles.
(3) WORKERS' COMPENSATION INSUI2ANCE with not less than statutory
minimum limits; and EMPLOYERS' LIABILITY INSUI2ANCE with
minimum limits of at least $100,000 per accident and with an all states
endorsement.
(4) The LESSOR shall supply to LESSEB current insurance certificates for
policies required in Paragraph (7).
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(5) The limits cited under each insurance requirement above establish minimums;
and it is the sole responsibility of the LESSOR to purchase and maintain
additional insurance that may be necessary in relation to this lease.
(6) Noihing in this contract shall constitute a waiver by the LESSEE of any
statutory limits or exceptions on liability.
(7} LESSOR shall place the insurance with responsible insurance companies
authorized and licensed to do business in tbe State of Minnesota. The policies
required in paragraph (7) shall be endorsed to indicate that the insurer cannot
cancel or materially change the insurance without first giving the LESSEE 30
days' written notice.
(B) LESSEE'S Insurance. The LESSEE shall acquire during the term of this lease the
foliowing coverage:
(1) The LESSEE shall be responsible for the salf insurance of, or the acquisition
of Commercial Properry Insurance on, its personal property.
(2) The LESSEE is self-insured under the laws of the State of Minnesota for the
purposes of tort claims against the LESSEE. See Exhibit "B", the LESSEE'S
Certificate of Self Insurance, attached hereto and, by this reference, made a
part hereof.
(C) Waiver of Subrogation. LESSOR waives 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 collected. I.ESSEE waives its right of subrogation for
damage to property in the I.eased Premises, loss of use thereof, loss of income
and/or accounts receivabie, up to the amount of their resgective insurance proceeds
coilected. 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 immediately notify the other party, in writing.
[8] Cancellation or TermSnation. This lease shali be sub}ect to cancellation and termination by
LESSEE at any time during the term hereof by giving the LESSOR notice in writing at least
ninety (90) days prior to the date when such termination shall become effective. In the event
of such termination, and on the effective date of such ternunation, LESSOR shal] retum to
the LESSEE without inierest airy unearned rent that the LESSEE has paid in advance.
[9] 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 fuily given when served personally on LESSOR �r
LESSEB, or when made in writing and deposited in the United States Mail, certified and
postage prepaid, and addressed to the LESSOR at the address stated on page (1) and to the
I.ESSEE at the Division of Valuations, Real Estate Section, 218 City Hall, 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 preciude the giving
of such address change notice by personal service.
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[10] Assignment and Subletti�. 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
airy agreement to sublease the Leased Premises.
[llj Maintenance and Renairs. LESSOR sball, at its own cost and e�ense, be responsible for
all repairs, maintenance and upkeep of the Izased Premises, including but not limited to
emergency repairs of any kind; routine mainteaaace and repair to keep t1�e Leased Premises
in good repair, safe and in compliance with applicable fire, health, buiiding and other
life-sa£ery codes.
[12) Surrender of Premises. The LESSEE, at the e�cpiration of said term, or any sooner
temunation 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.
j13J Indemnitv The I,ESSOR 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 con-
dition of the premises.
The LESSEE agrees to indemnify, defend, save and hold harmless the Shiely and any
agents, officers and employees thereof from all claims, demands, actions or causes of action
of whatsoever nature or character, arising out of ox by reason of the actions of the LESSEE
upon the L.eased Premises.
[14] Holdover. P,ny hoidover after the eapiration 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.
[15] Pollution and Contaminants. LESSOR agrees to comply with all ordinances, laws, rules and
regulations enacted by any governmental body or agency relating to the conuol, abatement
or emission of air and water contaminants and the disposal of refuse, solid wastes or liquid
wastes. LESSOR shall bear all cost and expense arising from compliance with said
ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold harmless
LESSEE from all liability, including without limitation, fines, forfeitures, and penalties
arising from the failure by LESSOR to comply with such ordinances, laws, rules or regula-
tions. LESSEE has the right to perform cleanup and deduct such costs from the monthly
rental payments should the LESSOR fail to comp]y.
[16] Controlling Lease. In the event there is any prior e�sting lease or rental agreement between
LESSEE and LESSOR (or its pzedecessor 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.
.�
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[17] Destruction. In the event of damage to or destruction of 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) within fifteen (15) days agree to restore the premises within a reasonable time period
following the casualty.
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 detemuned by
the proportion of said Leased Premises that are in suitable condition for occupancy and are
actually occupied by the LESSEE.
[18j DeFault Remedies. In the event the LESSOR fails to observe and perform any covenant or
condition of agreement on its part to be observed or performed as requued by this Lease
and this failure persists for 30 days, the LESSEE may, at its election:
(A) send notice to LESSOR that self help measures will be taken by LESSEE and
charged to LESSOR, such charges to be deducted from subsequent payments of
Basic and Additional Rent beginning with the rent next due and continuing, should
the rent next due be insufficient to reimburse the I.ESSEE'S e�cpenditures, until such
time as LESSEE has been fully reimbursed for said expenditures and reasonable
accrued interest; or
(B) terminate this Lease by giving not less than thirty days' written notice to LESSOR,
provided that, should the LESSOR rectify its failure to observe or perform as
required within the said thirty day period or by a mutually agreed upon date, said
written notice shall be withdrawn.
Termination, as provided in this paragraph shall release the LESSEE of a� further
obligation to pay Base Rent or Additional Rent, as defined in Paragraph (4), to
LESSOR or to LENDER. Arry monies paid in advance for rental of the I.eased
Premises subsequent to the date of termination shall be refundable to the LESSEE
and shall be due on the date of termination.
[14] Comnliance 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. The L.ESSOR shall comply
with all laws, rules, regulations or ordinances imposed by any,}urisdiction affecting conduct
on the property, and shall aliow no violation of such laws, rules, regulations or ordinances
by its agents or employees or by other tenants.
l.-i
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[20] Liens. Neither the LESSOR nor the LESSEE shall permit mechanic's liens or other liens
to be 51ed or established or to remain against the Leased Premises for labor, materials or
services furnished in connection with any additions, modifications, improvements, repairs,
renewals or replacements made to the Leased Premises, or for auy other reason. The
LESSOR and the LESSEE shall indemnify, defend, save and hold harmless the other from
all claims, demands, actions or causes of action of whatsoever nature or character arising
therefrom. In addition, LESSOR agrees to indemnify, defend save and hold harmless the
LESSEE from all claims, demands, actions or causes of action of whatsoever nature or
character arising out of or from any activiues of LESSOR or persons or companies under
its control and supervision.
[21j Eminent Damain. In the event the entire I.eased Premises are taken by eminent domain,
or such portion thereof is so taken that in the LESSEE'S reasonable judgement it is
uneconomic or otherwise impractical thereafter to restore the L.eased Premises and proceed
under the terms and provisions of this lease, LESSEE may ternunate this Lease by giving
to the I,ESSOR thirty days' written notice of termination, effective as of the date on which
the condemning authority acquires legal title to or physical possession of the Leased
Premises. The LESSEE shall be entitled to its leasehold interest in a11 economic damages
in the condemnation award. LESSEE mag to the ea�tent otherwise pemutted in the eminent
domain proceeding, remove its own trade fixtures at its own expense.
[22) LESSEE'S Obligations. The L.ESSEE will keep the I.eased Premises clean and will not
a11ow any condition to e�st that wouid create a nuisance or fire hazard, or that would
increase the rate of insurance on the Leased Premises.
LESSEE shall not waste or misuse water, gas, steam or any other utilities furnished by the
LESSOR. LESSEE shali not, in any manner, deface or injure, or permit the defacing or
injury of, said Leased Premises or any part thereof, or overload the floors.
LESSEE shall, at its own e3cpense, repair any injury to the Leased Premises, other than
ordinary wear and tear, that has occurred during the term of the lease.
[23] Non-Disturbance in the Event of Change of Ownershi� In the event of the sale of the
Izased Premises or foreclosure of the mortgage or any change of ownership by other means,
the instrument of transfer shall bind the succeeding owner, as a direct lease between the
succeeding owner and the LESSEE, to the covenants and obligations of LESSOR as
described in this Lease Agreement for the balance of the term of said lease.
The holders of any mortgages that predate this lease, upon succeeding the LESSOR as
owners of the Leased Premises, shail be bound as by a direct lease with the L,ESSEE to the
covenants and obligations of LESSORS as described in this lease agreement.
���
Upon assumption by the succeeding owner of said covenants and obligations, the I.ESSOR
shall be relieved therefrom, provided, however, that the LESSOR shall not be released from
any claim resulting from a defauit of the LESSOR occurring prior to the date of such sale.
LESSEE shall accept the succeeding owner as LESSOR and shall adhere to all terms and
conditions of the LESSEE as described in this I.ease Agreement for the balance of the term
of said lease.
�
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[25) Alterations. The LESSEE will not make a� 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 dane by the I,ESSEE at its own
expense. All such work shall be performed under the LESSOR'S supervision and any
improvements made to the I,eased Premises at the LESSEE'S ea�pense shall 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 building codes,
that the structural integrity and building systems of the building will not be irnpaired, and
that no liens wiil attach to the premises by reason thereof.
[26] LESSEE'S Signs. LESSEE may elect at its own cost and expense to provide and install an
exterior sign; provided, however, that the size, design and manner of installation of said sign
shall be subject to the written approvai of the LESSOR.
[27] LESSEE'S Personal PropertX LESSOR shall have no obligation to repair or maintain airy
personal property or equipment brought into the Leased Premises or installed therein by
LESSEE for LESSEE'S purposes, and LESSEE shall be permitted to remove said personal
property upon the termination of this Ixase. LESSEE shall, at its own expense repair any
damage to the Leased Premises caused or created by the installation or removal of said
personal property.
[28] LESSOR'S Release of Resgonsibilitv LESSOR shall not be responsible for security of the
area or for damage or theft of vehicles or other property stored on the Leased Premises.
[29] Amended. Anything herein contained to the wntrary notwithstanding, this Lease may be
terminated, and the provisions of this Lease may be, in writing, amended by mutual consent
of the parties herein.
�
OUT�OT
A t�o�
\`'�_ o
t Exhibit "A"
to
Lease Agreement PD/28
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CITY OF SAINT PAUL
T�orm Co7em¢n, Mm+or
OFFICE OF THE GTY ATTORKEY /��� ��
Tinmthy E. Mars, Cim Amomey
Cn�i! D'n�ision
+P9 Ciry� t7a71 Telcp7wr.e: 672 ?f/�-5710
75N�cstKclloggBh�d. Fatsin:r7e:6i2198-56I9
Scir.� Pcul A!ir.r.uota 55102
Exhibit "B"
to
Lease Agreement PD/28
TO WHOM IT MAY COATCERN:
This letter is to confirm that the City of Saint Paul,
Minnesota, is self-insured under the provisions of Minnesota
Statutes Section 466.01, et seq. £or the purposes of tort claims
against this municipality.
Yours very truly,
J���� �
JOHN B. NC CORMICK
Deputy City Attorney
Civil Division