98-272Return copy to:
Real Estate Division
14fl City Hall
RESOLUTION
io
ii
iz
Presented By
Beferred Tn
��� V���r
CfTY OF
Committce: Date
WHEREAS, since 1976 the City has, originally through Lease Agreement CS/30 and subsequently
through Lease Agreement PRl10, leased from the State Department of Transportation a parcel of land
adjacent to the Cayuga Playground which it has incorparated into the said playground; and
WHEREAS, said Lease Agreement PR/10 expired on Apri130, 1996 and has continued on a month-
to-month basis since that tnne; and
WHEREAS, it is the intention of the parties to the said Lease Agreement PR/10 to extend the term of
the lease through Apri130, 1999 as expressed in ihe attached sample copy;
THEREFORE BE IT RESOLVED, thai the proper City officials are hereby authorized and directed
to execute the said Lease Agreement PFU1Q.
rv�
Requested by Department of:
Adopted by Council: Date
Adop 'on Certified by Council Secretary `
By:
Approved y a • D i�l
By:
PAUL, MINNESOTA
Zo
Technol�v & Management Services
By: � i�����.PL�
Dire�t_qr\
Form Approved by Ciry Attorney '�^}.����
J�r �f
1
s ?� �5� �?�.��c�✓
Council File # qg-a� �
Green Sheet # � Z��
�
T.M.S./REAL ESTATE DIVISION Date: 3(10/98 Green Sheet Number: 52179
ontact Peison and Phone Number: � 2 EPAHTMEivT D � C i 23 6 CITY COiJNCII.
DSVe NelsOn � 266-8850 1'T A �i '� � �Z kQ 5'�' �'�'�
UDGET DII2ECTOR 3 FFICE OF FA`AACSAL SV
ust be on Couucil Agenda by: 4 YOR (OR ASSLST .� AL ESLATE DNISION
OTAL 1{ OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS OR SIGNAI'[JRE)
CTION REQUESTED:
To approve Lease Agreement PR/10, formerly CS/30, extending through Apri130,1996 the lease,
from the Minnesota Department of Transportafion, of a parcel abutting and incorporated into
the Cayuga Playground. Ref: 1. Council Resolution to approve lease; 2. Sample copy of Lease
Agreement PRI10.
COMMENDATIONS: APPROVE (A) OR RFJECT (A) F,RCONAL SERVICE CONTRACTS M[IST ANSWER TAE FOLIAWING:
. Has tlle person/firm ever worked under a contract Por this deparhuent'! YES NO
r�.A»Nmic co�ass�rnv A sr,�
. Has this person/fum ever been a City employee? YES NO
crvn, senvice co+�mnss�ox
. Does this person/firm possess a skill not normally possessed by any YES NO
current CSty employce?
CB CObNR1TEE
Ezplain aR YES answers on a separate sheet aud a[tach.
UPPORTS WHICA COUNCIL OBJECTIVE?
COUNCII. WARD(S) 5 DISTRICT PLANNING COUNCII. (�
TIlVG PBO&LEM, ISSUE, OPPOR'CUNITY (Who, Whaf, When, Where, Why?):
Lease Agreement PR/10 expired on Apri130,1992 a�d since then has continued on a month-to-
month basis.
VANTAGES IF APPROVED:
Cayuga Playground will continue to operate as before. �FCE/���_
�=�-.
�, -
y ` i,ry a:,,.:t.,3
ISADVANTAGESIFAPPROVED: ����� ' p�, i,Y�aS . .,„,.•
.
None FSTqTF��VIS/0!V ���� p � ����
MA� � n_ ?agg' ,��� � .
�:� s .r f,_;._rv
ISADVANI'AGES IF NOT APPROVED: ` -� � - - _, _ . "
�a��i:S€ � � ` _ `
The area of Cayuga Playground will be diminished.
OTAL AMOiJN1' OF 1'RANSACTION: $ 1�tEZO.00 cosT�vErn� suncEZ�n ccmcLE or�� �s xo
ING50URCE: ACTIVII'YNUMBER: � r �.� � Q ���� �,��tc�'
ANCIAL INFORMATION: (EXPLAIN)
N�AR � 1 i99�
0
'Rg-3'l a.
Minnesota Department ot Transportation
Office of Land Management
Transportation Buiiding Mailstop 631
395 John Ireland Boufevard
St. Paul, Minnesota 55155-� 899
6� 2 296-9744
S.P.: 6235 ('10=113) 901 �02-002 LEASE N0. H-05895
PARCELS: 103, 103A, 104 and 705 ( 62D003)
COMMERCIAL LEASE
THIS LEASE is made between the State of Minnesota, Depattment of Transportation ("Landlord"), and The
City of Saint Paul l"Tenant").
Mail Lease to: Dave Nelson
Real Estate Manager
Real Estate Division
Room 218, City HaII
St. Paul, MN 55702
IT IS AGREED:
1. In consideration of payment of the rent hereinafter specified to be paid by Tenant, and the covenants and
agreements herein contained, Landiord hereby leases to Tenant that certain property ("PREMISES") in the
County of Ramsey, State of Minnesota, described.as follows:
Address of Premises: The West side of 1-35E between Granite Street and Cayuga Street, Saint Paul, MN
Type of Property: Commercial - Vacant Land
Legal Description:
All of lot 14, Block 1, Edmund Rice's Second Addition to the City of Saint Paul, according to the piat
thereof now on file and of record in the.office of the Register of Deeds in and for Ramsey County.
All those parts of the following described tracts lying westerly of a line 28 feet distant westerly of and
parallel to the centerline of the west frontage road to T.H. 35E known as L'�rie�t street:
Lot 15, 61ock 1, Edmu�d Rice's Second Addition to the City of Saint Paul, according to the
plat thereof now on file and of record in tk�e:office of the Register of Deeds in and for Ramsey
County, Lot 23 and that patt of Lot 22, Auditor's Su6division Number 8, Sa+nt Paul,
Minnesota; according to the plat thereof on file and of record in the office of the Register of
Deeds in and for Ramsey County, ly+ng east of the northerly'extension of the west fine of Lot
14, of Eloc!c 1, of Edmund Rice's Second Addition to ihe City of Saint Pau1.
This lease includes improvemants, if any, and is in effect for the term of 36 months commencing on May 1,
1996 and ending on April 30, 1999, with the right of termination in both Land{ord and Tenant as hereinafter
szi for:h.
��- z�1 a-
2. RENT. Tenant shall pay to Landlord as rent for the Premises the sum of $1,420.00, for the entire term
of the Lease. Payments shall be made as follows: A payment of 5905.00, 5430.OQ for the period
commencing on May 1, 1996 and ending on April 30, 1997 and 5475.00 for the period commencing on May
1, 1997 and ending on April 30, 1998 due with the signing of this �ease. A payment for 5515.00 due on
May 1, t998 for the period commencing on May 1, 7998 and ending on ApriV 30, 1999. Future rent
paymenis are to he mailed or delivered to Landlord's finance office as follows:
Department of Transportation
Office of Financiai Management
Accounting Department
395 John Ireland Bivd., Mailstop 215
St. Paul, MN 55155-1889
Make checks payabie to:
Commissioner of Transportation
3. USE OF PREMISES. Tenant shail use the Premises for ihe following purpose only: RecreationaV playground
area (k�own as the Cayuga Playground).
It shall be ihe sole responsibility of Tenant to comply with all Iaws, regulations, or ordinances imposed by any
jurisdiction governing the use of the Premises. Failure to comply will not relieve Tenant of the obiigation to
pay rent. Tenant's use of the Premises must not interfere with the public's use of any adjacent highway.
Signs or displays will be restricted to those indicating proprietorship and type of activities conducted on the
Premises, and will be subject to regulation by Landlord as to number, size, Iocation, and design.
4. MAINTENANCE AND REPAIRS. Tenant sfia11 keep the Premises in good condition at TenanYs own
expense, and shalf not calf on Landlord to make any improvements or r2pairs.
5. CHARGES AND EXPENSES. Tenant sfiall pay when due all utility charges and any other charges or
expenses connected with Tenant's use of the Premises.
6. NOTICES. All notices herein provided to 6e given, or which may 6e given, by eiiher party to the other,
shall be deemed to have been fuAy given when served personally on tandlord or Tenant, or wfien made in
writing and deposited in the United States Maif and addressed as foilows: 7o Tenant at the mailing address
above stated and to Landford, Department of Transportation, Office of Land Management, Transportation
Building Mailstop 631, 395 John Ireiand Boulevard, St. Paul, Minnesota, 55155-1899. The address to which
notices are mailed may be changed by written notice given by either party to the other.
7. CANCELLATION. This Lease shail be subject to cancetlation by either partv at any time during the term
hereof by giving the other party notice in writing at least 60 days prior to the date when the canceilation will
become effective. Furthermore, this Lease shall be subject to cancellation by Landlord if the Premises become
needed for highway purposes �as determined sclely by Landiord) by giving Tenant notice in writing at Ieast
10 days prior to the date when the cancellation will become effective. in the event of canceNation any
unearned rent paid by Tenant will be returned.
8. INDEMNIFlCA i ION AND REGEASE. Tenant shall defend, indemnify, save harmless, and reiease Landlord
and Landlord's empioyees from and against all claims, demands, and causes of actien for injury to or d°ath
°l�'3��.
of persons or loss of or damage to property (including Tenant and Tenant's property) occurring on the
Premises and connected with Tenartt's use and occupancy of the Premises, regardless of whether such injury,
death, loss, ar damage is caused '+n part by:
(i) the negiigence of Landiord or
(ii) is deemed to be the responsibility ofi Landlord,
because of its failure to supervise, inspect, or con[rol the operations of Tenant or otherwise discover or
prevent aciions or operations of Tenant giving rise to liability to any person.
If any negligence or responsibility of Landiord is unrelated to Tenant's occupancy or use of the Premises,
Tenant will not be obligated to indemnify and hold harmiess as set forth above.
9. INSURANCE. Prior to execution of this Lease by Landlord, the Tenant shall provide Landford with a
properly executed certificate(s) of insurance which shall cleariy evidence the insurance required below, and
provide that such insurance wiil not be canceled, except on 30 days' prior written notice to Landlord.
9.1 Tenant shall maintain during the full term of this Lease commercial general liability insurance
or equivaleni form including Premises-OReratians Liability, ProductslCompleted Operations
Liability {if applicable), Contractual liability, and Fire Legal Liability wlth a limit of not less tha�
$1,000,000 each occurrence. It such insurance contains a general aggregate 4imit, +t wi41
appfy separately to this Lease.
9.1.1 This insurance shall inciude State of Minnesota as an insured with respect to performance of
Lease.
9.1.2 This insurance shall be primary with respecT to any insuranCe or self-insurance programs
coveri�g Tenant, its officers and employees.
9.2 Tenant shall maintain during the fu11 term of this Lease workers' compensation insurance with
statutory limits and employers' liability insurance witfi fimits of not Iess tfian 5500,000 each
accident.
10. FIRE INSURANCE. None required. Tenant shall make no claim against Landlord arising out of any loss
to the Premises.
11. R1GHT TO ENTER. Tenant shafl allow Landiord and Landlord's contractors and authorized {icensees to
enter upon the Premises fior any of the foliowing purposes: to survey the land, to take soil borings, to
perform utility relocaiio� or repair work, or to perfiorm any other work which is preparatory to a highway
construction project; also to make emergency repairs required for highway safety. If there is a highway bridge
above any part of the Premises, Tenant shall allow Landlord to enter upon the Premises to inspect, maintain,
and repair the bridge and its structural supPorts. If any of these operations substantialiy restrict the Tenant's
use of the premises, rent wiil be reduced proportionai to the restricted use of the Premises during the period
of the restricted use. The reduction (or abatementl of rent wil( be Tenant's only claim against Landlord based
on such restriction �or abatement) of use. Tenan2 shal! aAow Land(ord to inspect the premises and to show
the premises by appointment to prospective buyers or renters. Seiore en2ering the Premises for any of the
purposes under this paragraph, Landlord will make a reasonabie effort to notify Tenant, provided, however,
that in case of an 2mergency affecting highway safety (the 2xisience of which wili be determined solely by
Landlord), if Tenant is not present to permit entry onto the Premises, Landlord or its representatives may enter
q�����
without notice to Tenant, and for such entry Landlord or its representatives will not be Iiable to Tenant.
12. ADJACENT HIGHWAY FACiLITY. Tenant shall not permit the storage of any substance or material on
the Premises which may create a fire hazard to the adjacent highway facility 4�ncluding any overhead 6ridge
and its structural supports). It Landiord determines that Tenant is using the Premises in such a way as to
create a danger to the adjacent highway facility or the traveling public thereon, and if, upon receiving notice,
Tenant does not immediately remedy the danger to the satisfac2ion of Landlord, then Landlord may
immediateiy cancel this Lease and take possession of the Premises, Any requirement for giving notice of
cancellation set out elsewhere in this Lease will not apply io canceNation under this section. Unearned rent
paid by Tenant wili be returned.
If a part of the Premises is situate under or adjacent to a highway bridge, Tenant acknowledges that
Landlord's plowi�g and sweep+ng of the bridge may cause s�ow, ice, sand, or road sweepings to 6e pushed
off the sides of the bridge or otherwise expelled off the bridge, faIling onto the Premises. Tenant a9rees that
this risk is specificaliy inciuded in the TenanYs indemnification and release of Landford appearing elsewhere
in this Lease.
13. ASSIGNMEiVT AND SUBLETTING. 7enant shaf{ not assign this Lease or sublet the Premises.
14. CIVIL RIGHTS ACT. Tenant shall not discriminate on the ground of race, color, sex, or national origin
against any person in access to and use of the facilities and services operated or otherwise maintained on the
Premises; and Tenant sfiaH operate and maintain sucfi 4acilities and services in compliance with Title VI of the
Civii Rights Act ofi 1964, and Title 49, Code of Federal Regulations, Part 21 .
15. DEFAULT SY TENANT- LANDLORD'S REMEDIES. The folfowing occurrences are "events of default":
(a) Tenant defaults in the due and punctual payment of rent, and such default continues for five (5) days
after notice from Landlord; however, Tenant will not be eniitled to more than one notice for defauit in
payment of rent during any twelve month period, and if, within tweive months after any such notice, any
rent is not paid when due, an event of default shall have occurred without further notice.
!b) Tenant breaches any of the other agreemenis, terms, covenants, or conditions which this Lease
requires Tenant to perform, and such breach continues for a period of thirty (30) days after notice by
Landlord to Tenant.
At any time after the occurrence of either of the above events of defauit, Landlord may terminate this Lease
upon giving written notice to Tenant and may then re-enter and take possession of the Premises in such
manner as allowed or provided by law. Tenant shail pay Landlord all costs and expenses, including attorney's
fees, in any successful action brought by Landlord to recover unpaid rent, or to recover damages fior breach
of any of the other covenants, agreements, terms, or condicions which th+s Lease requires Tenant to peRo�m,
or to recover possession of the Premises.
16. HO�DING OVER. ff Tenant remains in possession of the Premises after the end of this Lease v�ith the
consent of Landlord, express or implied, Tenani shail occupy the Premises as a Tenant from mo�th to montn,
subject to ali conditions, provisions, and ob�igations of this Lease in effect on the Iast day ot the tetm.
4
q �. . �.� a-
77. MOVING OUT. At the expiration or sooner termination of this Lease, Tenant shall leave Yhe Premises
in as good condition as when delivered to Tenant (except for ordinary wear and any loss covered by insurance
payment to Landlordl.
7 8. SALE OR TRAtJSFER OF PREMlSES. If Landlord sells or tra�sfers the Premises, Landlord's liability for
the performance of its covenants under this Lease shall end on the date of the sale or transfer, a�d Tenant
sha11 look sofely to the purchaser or transferee for the performance of those covenants.
19. RELOCATION ASSISTANGE: Persons, businesses, farms, non-profit organizations, and other entities
(hereinafter collectively referred to as Tenant) displaced by cancellation or termination ot this Lease, or by
moving out prior to cancella2ion or termination of this Lease, are not classified as "displaced persons" and are
not efigible for relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 and iis amendments. By signing this Lease, TENANT affirms that they are not a
displaced person.
20. ADDITIONAL AGREEMENTS. Landlord has accepted a statement of self-insurance by the Tenant in lieu
of the Certificate of liability insurance required in Section 9.
21. ENTIRE AGREEMENT. This Lease contains the entire agreement between Landlord and Tenant with
respect to its sub}ect matter and may be amended o�ly by subsequent written agreement between them.
Excspt for those which are set forth +n this Lease, no representations, warranties, or agreements have been
made by Landlord or Tenant to one another with respect io this Lease.
FILENAME
TENANT
CITY OF SAINT PAUL
By
Its Mayor
Date
Bv
City Clerk
Date
By
Dace
�
Date
Director, Department of Finance &
Management Services
Director, Department of Parks & Recreation
L�\'DLORD, STATE OF MINNESOTA
DEPAItTMENT OF TRANSPORTATION
COi�Ilb1ISSIONER OF TRANSPORTATTON
Ey
Merritt H. Unzie, �ire<tor
Office of Land Management
�I Y•�'��
Approved as m form and exec�tion
s
Assistant City Attomey
Daie
Approved as m fortn and execunon
FOfl SHE ATTOANEY GENERAL
sY
TiUe
Date
Oate
Return copy to:
Real Estate Division
14fl City Hall
RESOLUTION
io
ii
iz
Presented By
Beferred Tn
��� V���r
CfTY OF
Committce: Date
WHEREAS, since 1976 the City has, originally through Lease Agreement CS/30 and subsequently
through Lease Agreement PRl10, leased from the State Department of Transportation a parcel of land
adjacent to the Cayuga Playground which it has incorparated into the said playground; and
WHEREAS, said Lease Agreement PR/10 expired on Apri130, 1996 and has continued on a month-
to-month basis since that tnne; and
WHEREAS, it is the intention of the parties to the said Lease Agreement PR/10 to extend the term of
the lease through Apri130, 1999 as expressed in ihe attached sample copy;
THEREFORE BE IT RESOLVED, thai the proper City officials are hereby authorized and directed
to execute the said Lease Agreement PFU1Q.
rv�
Requested by Department of:
Adopted by Council: Date
Adop 'on Certified by Council Secretary `
By:
Approved y a • D i�l
By:
PAUL, MINNESOTA
Zo
Technol�v & Management Services
By: � i�����.PL�
Dire�t_qr\
Form Approved by Ciry Attorney '�^}.����
J�r �f
1
s ?� �5� �?�.��c�✓
Council File # qg-a� �
Green Sheet # � Z��
�
T.M.S./REAL ESTATE DIVISION Date: 3(10/98 Green Sheet Number: 52179
ontact Peison and Phone Number: � 2 EPAHTMEivT D � C i 23 6 CITY COiJNCII.
DSVe NelsOn � 266-8850 1'T A �i '� � �Z kQ 5'�' �'�'�
UDGET DII2ECTOR 3 FFICE OF FA`AACSAL SV
ust be on Couucil Agenda by: 4 YOR (OR ASSLST .� AL ESLATE DNISION
OTAL 1{ OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS OR SIGNAI'[JRE)
CTION REQUESTED:
To approve Lease Agreement PR/10, formerly CS/30, extending through Apri130,1996 the lease,
from the Minnesota Department of Transportafion, of a parcel abutting and incorporated into
the Cayuga Playground. Ref: 1. Council Resolution to approve lease; 2. Sample copy of Lease
Agreement PRI10.
COMMENDATIONS: APPROVE (A) OR RFJECT (A) F,RCONAL SERVICE CONTRACTS M[IST ANSWER TAE FOLIAWING:
. Has tlle person/firm ever worked under a contract Por this deparhuent'! YES NO
r�.A»Nmic co�ass�rnv A sr,�
. Has this person/fum ever been a City employee? YES NO
crvn, senvice co+�mnss�ox
. Does this person/firm possess a skill not normally possessed by any YES NO
current CSty employce?
CB CObNR1TEE
Ezplain aR YES answers on a separate sheet aud a[tach.
UPPORTS WHICA COUNCIL OBJECTIVE?
COUNCII. WARD(S) 5 DISTRICT PLANNING COUNCII. (�
TIlVG PBO&LEM, ISSUE, OPPOR'CUNITY (Who, Whaf, When, Where, Why?):
Lease Agreement PR/10 expired on Apri130,1992 a�d since then has continued on a month-to-
month basis.
VANTAGES IF APPROVED:
Cayuga Playground will continue to operate as before. �FCE/���_
�=�-.
�, -
y ` i,ry a:,,.:t.,3
ISADVANTAGESIFAPPROVED: ����� ' p�, i,Y�aS . .,„,.•
.
None FSTqTF��VIS/0!V ���� p � ����
MA� � n_ ?agg' ,��� � .
�:� s .r f,_;._rv
ISADVANI'AGES IF NOT APPROVED: ` -� � - - _, _ . "
�a��i:S€ � � ` _ `
The area of Cayuga Playground will be diminished.
OTAL AMOiJN1' OF 1'RANSACTION: $ 1�tEZO.00 cosT�vErn� suncEZ�n ccmcLE or�� �s xo
ING50URCE: ACTIVII'YNUMBER: � r �.� � Q ���� �,��tc�'
ANCIAL INFORMATION: (EXPLAIN)
N�AR � 1 i99�
0
'Rg-3'l a.
Minnesota Department ot Transportation
Office of Land Management
Transportation Buiiding Mailstop 631
395 John Ireland Boufevard
St. Paul, Minnesota 55155-� 899
6� 2 296-9744
S.P.: 6235 ('10=113) 901 �02-002 LEASE N0. H-05895
PARCELS: 103, 103A, 104 and 705 ( 62D003)
COMMERCIAL LEASE
THIS LEASE is made between the State of Minnesota, Depattment of Transportation ("Landlord"), and The
City of Saint Paul l"Tenant").
Mail Lease to: Dave Nelson
Real Estate Manager
Real Estate Division
Room 218, City HaII
St. Paul, MN 55702
IT IS AGREED:
1. In consideration of payment of the rent hereinafter specified to be paid by Tenant, and the covenants and
agreements herein contained, Landiord hereby leases to Tenant that certain property ("PREMISES") in the
County of Ramsey, State of Minnesota, described.as follows:
Address of Premises: The West side of 1-35E between Granite Street and Cayuga Street, Saint Paul, MN
Type of Property: Commercial - Vacant Land
Legal Description:
All of lot 14, Block 1, Edmund Rice's Second Addition to the City of Saint Paul, according to the piat
thereof now on file and of record in the.office of the Register of Deeds in and for Ramsey County.
All those parts of the following described tracts lying westerly of a line 28 feet distant westerly of and
parallel to the centerline of the west frontage road to T.H. 35E known as L'�rie�t street:
Lot 15, 61ock 1, Edmu�d Rice's Second Addition to the City of Saint Paul, according to the
plat thereof now on file and of record in tk�e:office of the Register of Deeds in and for Ramsey
County, Lot 23 and that patt of Lot 22, Auditor's Su6division Number 8, Sa+nt Paul,
Minnesota; according to the plat thereof on file and of record in the office of the Register of
Deeds in and for Ramsey County, ly+ng east of the northerly'extension of the west fine of Lot
14, of Eloc!c 1, of Edmund Rice's Second Addition to ihe City of Saint Pau1.
This lease includes improvemants, if any, and is in effect for the term of 36 months commencing on May 1,
1996 and ending on April 30, 1999, with the right of termination in both Land{ord and Tenant as hereinafter
szi for:h.
��- z�1 a-
2. RENT. Tenant shall pay to Landlord as rent for the Premises the sum of $1,420.00, for the entire term
of the Lease. Payments shall be made as follows: A payment of 5905.00, 5430.OQ for the period
commencing on May 1, 1996 and ending on April 30, 1997 and 5475.00 for the period commencing on May
1, 1997 and ending on April 30, 1998 due with the signing of this �ease. A payment for 5515.00 due on
May 1, t998 for the period commencing on May 1, 7998 and ending on ApriV 30, 1999. Future rent
paymenis are to he mailed or delivered to Landlord's finance office as follows:
Department of Transportation
Office of Financiai Management
Accounting Department
395 John Ireland Bivd., Mailstop 215
St. Paul, MN 55155-1889
Make checks payabie to:
Commissioner of Transportation
3. USE OF PREMISES. Tenant shail use the Premises for ihe following purpose only: RecreationaV playground
area (k�own as the Cayuga Playground).
It shall be ihe sole responsibility of Tenant to comply with all Iaws, regulations, or ordinances imposed by any
jurisdiction governing the use of the Premises. Failure to comply will not relieve Tenant of the obiigation to
pay rent. Tenant's use of the Premises must not interfere with the public's use of any adjacent highway.
Signs or displays will be restricted to those indicating proprietorship and type of activities conducted on the
Premises, and will be subject to regulation by Landlord as to number, size, Iocation, and design.
4. MAINTENANCE AND REPAIRS. Tenant sfia11 keep the Premises in good condition at TenanYs own
expense, and shalf not calf on Landlord to make any improvements or r2pairs.
5. CHARGES AND EXPENSES. Tenant sfiall pay when due all utility charges and any other charges or
expenses connected with Tenant's use of the Premises.
6. NOTICES. All notices herein provided to 6e given, or which may 6e given, by eiiher party to the other,
shall be deemed to have been fuAy given when served personally on tandlord or Tenant, or wfien made in
writing and deposited in the United States Maif and addressed as foilows: 7o Tenant at the mailing address
above stated and to Landford, Department of Transportation, Office of Land Management, Transportation
Building Mailstop 631, 395 John Ireiand Boulevard, St. Paul, Minnesota, 55155-1899. The address to which
notices are mailed may be changed by written notice given by either party to the other.
7. CANCELLATION. This Lease shail be subject to cancetlation by either partv at any time during the term
hereof by giving the other party notice in writing at least 60 days prior to the date when the canceilation will
become effective. Furthermore, this Lease shall be subject to cancellation by Landlord if the Premises become
needed for highway purposes �as determined sclely by Landiord) by giving Tenant notice in writing at Ieast
10 days prior to the date when the cancellation will become effective. in the event of canceNation any
unearned rent paid by Tenant will be returned.
8. INDEMNIFlCA i ION AND REGEASE. Tenant shall defend, indemnify, save harmless, and reiease Landlord
and Landlord's empioyees from and against all claims, demands, and causes of actien for injury to or d°ath
°l�'3��.
of persons or loss of or damage to property (including Tenant and Tenant's property) occurring on the
Premises and connected with Tenartt's use and occupancy of the Premises, regardless of whether such injury,
death, loss, ar damage is caused '+n part by:
(i) the negiigence of Landiord or
(ii) is deemed to be the responsibility ofi Landlord,
because of its failure to supervise, inspect, or con[rol the operations of Tenant or otherwise discover or
prevent aciions or operations of Tenant giving rise to liability to any person.
If any negligence or responsibility of Landiord is unrelated to Tenant's occupancy or use of the Premises,
Tenant will not be obligated to indemnify and hold harmiess as set forth above.
9. INSURANCE. Prior to execution of this Lease by Landlord, the Tenant shall provide Landford with a
properly executed certificate(s) of insurance which shall cleariy evidence the insurance required below, and
provide that such insurance wiil not be canceled, except on 30 days' prior written notice to Landlord.
9.1 Tenant shall maintain during the full term of this Lease commercial general liability insurance
or equivaleni form including Premises-OReratians Liability, ProductslCompleted Operations
Liability {if applicable), Contractual liability, and Fire Legal Liability wlth a limit of not less tha�
$1,000,000 each occurrence. It such insurance contains a general aggregate 4imit, +t wi41
appfy separately to this Lease.
9.1.1 This insurance shall inciude State of Minnesota as an insured with respect to performance of
Lease.
9.1.2 This insurance shall be primary with respecT to any insuranCe or self-insurance programs
coveri�g Tenant, its officers and employees.
9.2 Tenant shall maintain during the fu11 term of this Lease workers' compensation insurance with
statutory limits and employers' liability insurance witfi fimits of not Iess tfian 5500,000 each
accident.
10. FIRE INSURANCE. None required. Tenant shall make no claim against Landlord arising out of any loss
to the Premises.
11. R1GHT TO ENTER. Tenant shafl allow Landiord and Landlord's contractors and authorized {icensees to
enter upon the Premises fior any of the foliowing purposes: to survey the land, to take soil borings, to
perform utility relocaiio� or repair work, or to perfiorm any other work which is preparatory to a highway
construction project; also to make emergency repairs required for highway safety. If there is a highway bridge
above any part of the Premises, Tenant shall allow Landlord to enter upon the Premises to inspect, maintain,
and repair the bridge and its structural supPorts. If any of these operations substantialiy restrict the Tenant's
use of the premises, rent wiil be reduced proportionai to the restricted use of the Premises during the period
of the restricted use. The reduction (or abatementl of rent wil( be Tenant's only claim against Landlord based
on such restriction �or abatement) of use. Tenan2 shal! aAow Land(ord to inspect the premises and to show
the premises by appointment to prospective buyers or renters. Seiore en2ering the Premises for any of the
purposes under this paragraph, Landlord will make a reasonabie effort to notify Tenant, provided, however,
that in case of an 2mergency affecting highway safety (the 2xisience of which wili be determined solely by
Landlord), if Tenant is not present to permit entry onto the Premises, Landlord or its representatives may enter
q�����
without notice to Tenant, and for such entry Landlord or its representatives will not be Iiable to Tenant.
12. ADJACENT HIGHWAY FACiLITY. Tenant shall not permit the storage of any substance or material on
the Premises which may create a fire hazard to the adjacent highway facility 4�ncluding any overhead 6ridge
and its structural supports). It Landiord determines that Tenant is using the Premises in such a way as to
create a danger to the adjacent highway facility or the traveling public thereon, and if, upon receiving notice,
Tenant does not immediately remedy the danger to the satisfac2ion of Landlord, then Landlord may
immediateiy cancel this Lease and take possession of the Premises, Any requirement for giving notice of
cancellation set out elsewhere in this Lease will not apply io canceNation under this section. Unearned rent
paid by Tenant wili be returned.
If a part of the Premises is situate under or adjacent to a highway bridge, Tenant acknowledges that
Landlord's plowi�g and sweep+ng of the bridge may cause s�ow, ice, sand, or road sweepings to 6e pushed
off the sides of the bridge or otherwise expelled off the bridge, faIling onto the Premises. Tenant a9rees that
this risk is specificaliy inciuded in the TenanYs indemnification and release of Landford appearing elsewhere
in this Lease.
13. ASSIGNMEiVT AND SUBLETTING. 7enant shaf{ not assign this Lease or sublet the Premises.
14. CIVIL RIGHTS ACT. Tenant shall not discriminate on the ground of race, color, sex, or national origin
against any person in access to and use of the facilities and services operated or otherwise maintained on the
Premises; and Tenant sfiaH operate and maintain sucfi 4acilities and services in compliance with Title VI of the
Civii Rights Act ofi 1964, and Title 49, Code of Federal Regulations, Part 21 .
15. DEFAULT SY TENANT- LANDLORD'S REMEDIES. The folfowing occurrences are "events of default":
(a) Tenant defaults in the due and punctual payment of rent, and such default continues for five (5) days
after notice from Landlord; however, Tenant will not be eniitled to more than one notice for defauit in
payment of rent during any twelve month period, and if, within tweive months after any such notice, any
rent is not paid when due, an event of default shall have occurred without further notice.
!b) Tenant breaches any of the other agreemenis, terms, covenants, or conditions which this Lease
requires Tenant to perform, and such breach continues for a period of thirty (30) days after notice by
Landlord to Tenant.
At any time after the occurrence of either of the above events of defauit, Landlord may terminate this Lease
upon giving written notice to Tenant and may then re-enter and take possession of the Premises in such
manner as allowed or provided by law. Tenant shail pay Landlord all costs and expenses, including attorney's
fees, in any successful action brought by Landlord to recover unpaid rent, or to recover damages fior breach
of any of the other covenants, agreements, terms, or condicions which th+s Lease requires Tenant to peRo�m,
or to recover possession of the Premises.
16. HO�DING OVER. ff Tenant remains in possession of the Premises after the end of this Lease v�ith the
consent of Landlord, express or implied, Tenani shail occupy the Premises as a Tenant from mo�th to montn,
subject to ali conditions, provisions, and ob�igations of this Lease in effect on the Iast day ot the tetm.
4
q �. . �.� a-
77. MOVING OUT. At the expiration or sooner termination of this Lease, Tenant shall leave Yhe Premises
in as good condition as when delivered to Tenant (except for ordinary wear and any loss covered by insurance
payment to Landlordl.
7 8. SALE OR TRAtJSFER OF PREMlSES. If Landlord sells or tra�sfers the Premises, Landlord's liability for
the performance of its covenants under this Lease shall end on the date of the sale or transfer, a�d Tenant
sha11 look sofely to the purchaser or transferee for the performance of those covenants.
19. RELOCATION ASSISTANGE: Persons, businesses, farms, non-profit organizations, and other entities
(hereinafter collectively referred to as Tenant) displaced by cancellation or termination ot this Lease, or by
moving out prior to cancella2ion or termination of this Lease, are not classified as "displaced persons" and are
not efigible for relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 and iis amendments. By signing this Lease, TENANT affirms that they are not a
displaced person.
20. ADDITIONAL AGREEMENTS. Landlord has accepted a statement of self-insurance by the Tenant in lieu
of the Certificate of liability insurance required in Section 9.
21. ENTIRE AGREEMENT. This Lease contains the entire agreement between Landlord and Tenant with
respect to its sub}ect matter and may be amended o�ly by subsequent written agreement between them.
Excspt for those which are set forth +n this Lease, no representations, warranties, or agreements have been
made by Landlord or Tenant to one another with respect io this Lease.
FILENAME
TENANT
CITY OF SAINT PAUL
By
Its Mayor
Date
Bv
City Clerk
Date
By
Dace
�
Date
Director, Department of Finance &
Management Services
Director, Department of Parks & Recreation
L�\'DLORD, STATE OF MINNESOTA
DEPAItTMENT OF TRANSPORTATION
COi�Ilb1ISSIONER OF TRANSPORTATTON
Ey
Merritt H. Unzie, �ire<tor
Office of Land Management
�I Y•�'��
Approved as m form and exec�tion
s
Assistant City Attomey
Daie
Approved as m fortn and execunon
FOfl SHE ATTOANEY GENERAL
sY
TiUe
Date
Oate
Return copy to:
Real Estate Division
14fl City Hall
RESOLUTION
io
ii
iz
Presented By
Beferred Tn
��� V���r
CfTY OF
Committce: Date
WHEREAS, since 1976 the City has, originally through Lease Agreement CS/30 and subsequently
through Lease Agreement PRl10, leased from the State Department of Transportation a parcel of land
adjacent to the Cayuga Playground which it has incorparated into the said playground; and
WHEREAS, said Lease Agreement PR/10 expired on Apri130, 1996 and has continued on a month-
to-month basis since that tnne; and
WHEREAS, it is the intention of the parties to the said Lease Agreement PR/10 to extend the term of
the lease through Apri130, 1999 as expressed in ihe attached sample copy;
THEREFORE BE IT RESOLVED, thai the proper City officials are hereby authorized and directed
to execute the said Lease Agreement PFU1Q.
rv�
Requested by Department of:
Adopted by Council: Date
Adop 'on Certified by Council Secretary `
By:
Approved y a • D i�l
By:
PAUL, MINNESOTA
Zo
Technol�v & Management Services
By: � i�����.PL�
Dire�t_qr\
Form Approved by Ciry Attorney '�^}.����
J�r �f
1
s ?� �5� �?�.��c�✓
Council File # qg-a� �
Green Sheet # � Z��
�
T.M.S./REAL ESTATE DIVISION Date: 3(10/98 Green Sheet Number: 52179
ontact Peison and Phone Number: � 2 EPAHTMEivT D � C i 23 6 CITY COiJNCII.
DSVe NelsOn � 266-8850 1'T A �i '� � �Z kQ 5'�' �'�'�
UDGET DII2ECTOR 3 FFICE OF FA`AACSAL SV
ust be on Couucil Agenda by: 4 YOR (OR ASSLST .� AL ESLATE DNISION
OTAL 1{ OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS OR SIGNAI'[JRE)
CTION REQUESTED:
To approve Lease Agreement PR/10, formerly CS/30, extending through Apri130,1996 the lease,
from the Minnesota Department of Transportafion, of a parcel abutting and incorporated into
the Cayuga Playground. Ref: 1. Council Resolution to approve lease; 2. Sample copy of Lease
Agreement PRI10.
COMMENDATIONS: APPROVE (A) OR RFJECT (A) F,RCONAL SERVICE CONTRACTS M[IST ANSWER TAE FOLIAWING:
. Has tlle person/firm ever worked under a contract Por this deparhuent'! YES NO
r�.A»Nmic co�ass�rnv A sr,�
. Has this person/fum ever been a City employee? YES NO
crvn, senvice co+�mnss�ox
. Does this person/firm possess a skill not normally possessed by any YES NO
current CSty employce?
CB CObNR1TEE
Ezplain aR YES answers on a separate sheet aud a[tach.
UPPORTS WHICA COUNCIL OBJECTIVE?
COUNCII. WARD(S) 5 DISTRICT PLANNING COUNCII. (�
TIlVG PBO&LEM, ISSUE, OPPOR'CUNITY (Who, Whaf, When, Where, Why?):
Lease Agreement PR/10 expired on Apri130,1992 a�d since then has continued on a month-to-
month basis.
VANTAGES IF APPROVED:
Cayuga Playground will continue to operate as before. �FCE/���_
�=�-.
�, -
y ` i,ry a:,,.:t.,3
ISADVANTAGESIFAPPROVED: ����� ' p�, i,Y�aS . .,„,.•
.
None FSTqTF��VIS/0!V ���� p � ����
MA� � n_ ?agg' ,��� � .
�:� s .r f,_;._rv
ISADVANI'AGES IF NOT APPROVED: ` -� � - - _, _ . "
�a��i:S€ � � ` _ `
The area of Cayuga Playground will be diminished.
OTAL AMOiJN1' OF 1'RANSACTION: $ 1�tEZO.00 cosT�vErn� suncEZ�n ccmcLE or�� �s xo
ING50URCE: ACTIVII'YNUMBER: � r �.� � Q ���� �,��tc�'
ANCIAL INFORMATION: (EXPLAIN)
N�AR � 1 i99�
0
'Rg-3'l a.
Minnesota Department ot Transportation
Office of Land Management
Transportation Buiiding Mailstop 631
395 John Ireland Boufevard
St. Paul, Minnesota 55155-� 899
6� 2 296-9744
S.P.: 6235 ('10=113) 901 �02-002 LEASE N0. H-05895
PARCELS: 103, 103A, 104 and 705 ( 62D003)
COMMERCIAL LEASE
THIS LEASE is made between the State of Minnesota, Depattment of Transportation ("Landlord"), and The
City of Saint Paul l"Tenant").
Mail Lease to: Dave Nelson
Real Estate Manager
Real Estate Division
Room 218, City HaII
St. Paul, MN 55702
IT IS AGREED:
1. In consideration of payment of the rent hereinafter specified to be paid by Tenant, and the covenants and
agreements herein contained, Landiord hereby leases to Tenant that certain property ("PREMISES") in the
County of Ramsey, State of Minnesota, described.as follows:
Address of Premises: The West side of 1-35E between Granite Street and Cayuga Street, Saint Paul, MN
Type of Property: Commercial - Vacant Land
Legal Description:
All of lot 14, Block 1, Edmund Rice's Second Addition to the City of Saint Paul, according to the piat
thereof now on file and of record in the.office of the Register of Deeds in and for Ramsey County.
All those parts of the following described tracts lying westerly of a line 28 feet distant westerly of and
parallel to the centerline of the west frontage road to T.H. 35E known as L'�rie�t street:
Lot 15, 61ock 1, Edmu�d Rice's Second Addition to the City of Saint Paul, according to the
plat thereof now on file and of record in tk�e:office of the Register of Deeds in and for Ramsey
County, Lot 23 and that patt of Lot 22, Auditor's Su6division Number 8, Sa+nt Paul,
Minnesota; according to the plat thereof on file and of record in the office of the Register of
Deeds in and for Ramsey County, ly+ng east of the northerly'extension of the west fine of Lot
14, of Eloc!c 1, of Edmund Rice's Second Addition to ihe City of Saint Pau1.
This lease includes improvemants, if any, and is in effect for the term of 36 months commencing on May 1,
1996 and ending on April 30, 1999, with the right of termination in both Land{ord and Tenant as hereinafter
szi for:h.
��- z�1 a-
2. RENT. Tenant shall pay to Landlord as rent for the Premises the sum of $1,420.00, for the entire term
of the Lease. Payments shall be made as follows: A payment of 5905.00, 5430.OQ for the period
commencing on May 1, 1996 and ending on April 30, 1997 and 5475.00 for the period commencing on May
1, 1997 and ending on April 30, 1998 due with the signing of this �ease. A payment for 5515.00 due on
May 1, t998 for the period commencing on May 1, 7998 and ending on ApriV 30, 1999. Future rent
paymenis are to he mailed or delivered to Landlord's finance office as follows:
Department of Transportation
Office of Financiai Management
Accounting Department
395 John Ireland Bivd., Mailstop 215
St. Paul, MN 55155-1889
Make checks payabie to:
Commissioner of Transportation
3. USE OF PREMISES. Tenant shail use the Premises for ihe following purpose only: RecreationaV playground
area (k�own as the Cayuga Playground).
It shall be ihe sole responsibility of Tenant to comply with all Iaws, regulations, or ordinances imposed by any
jurisdiction governing the use of the Premises. Failure to comply will not relieve Tenant of the obiigation to
pay rent. Tenant's use of the Premises must not interfere with the public's use of any adjacent highway.
Signs or displays will be restricted to those indicating proprietorship and type of activities conducted on the
Premises, and will be subject to regulation by Landlord as to number, size, Iocation, and design.
4. MAINTENANCE AND REPAIRS. Tenant sfia11 keep the Premises in good condition at TenanYs own
expense, and shalf not calf on Landlord to make any improvements or r2pairs.
5. CHARGES AND EXPENSES. Tenant sfiall pay when due all utility charges and any other charges or
expenses connected with Tenant's use of the Premises.
6. NOTICES. All notices herein provided to 6e given, or which may 6e given, by eiiher party to the other,
shall be deemed to have been fuAy given when served personally on tandlord or Tenant, or wfien made in
writing and deposited in the United States Maif and addressed as foilows: 7o Tenant at the mailing address
above stated and to Landford, Department of Transportation, Office of Land Management, Transportation
Building Mailstop 631, 395 John Ireiand Boulevard, St. Paul, Minnesota, 55155-1899. The address to which
notices are mailed may be changed by written notice given by either party to the other.
7. CANCELLATION. This Lease shail be subject to cancetlation by either partv at any time during the term
hereof by giving the other party notice in writing at least 60 days prior to the date when the canceilation will
become effective. Furthermore, this Lease shall be subject to cancellation by Landlord if the Premises become
needed for highway purposes �as determined sclely by Landiord) by giving Tenant notice in writing at Ieast
10 days prior to the date when the cancellation will become effective. in the event of canceNation any
unearned rent paid by Tenant will be returned.
8. INDEMNIFlCA i ION AND REGEASE. Tenant shall defend, indemnify, save harmless, and reiease Landlord
and Landlord's empioyees from and against all claims, demands, and causes of actien for injury to or d°ath
°l�'3��.
of persons or loss of or damage to property (including Tenant and Tenant's property) occurring on the
Premises and connected with Tenartt's use and occupancy of the Premises, regardless of whether such injury,
death, loss, ar damage is caused '+n part by:
(i) the negiigence of Landiord or
(ii) is deemed to be the responsibility ofi Landlord,
because of its failure to supervise, inspect, or con[rol the operations of Tenant or otherwise discover or
prevent aciions or operations of Tenant giving rise to liability to any person.
If any negligence or responsibility of Landiord is unrelated to Tenant's occupancy or use of the Premises,
Tenant will not be obligated to indemnify and hold harmiess as set forth above.
9. INSURANCE. Prior to execution of this Lease by Landlord, the Tenant shall provide Landford with a
properly executed certificate(s) of insurance which shall cleariy evidence the insurance required below, and
provide that such insurance wiil not be canceled, except on 30 days' prior written notice to Landlord.
9.1 Tenant shall maintain during the full term of this Lease commercial general liability insurance
or equivaleni form including Premises-OReratians Liability, ProductslCompleted Operations
Liability {if applicable), Contractual liability, and Fire Legal Liability wlth a limit of not less tha�
$1,000,000 each occurrence. It such insurance contains a general aggregate 4imit, +t wi41
appfy separately to this Lease.
9.1.1 This insurance shall inciude State of Minnesota as an insured with respect to performance of
Lease.
9.1.2 This insurance shall be primary with respecT to any insuranCe or self-insurance programs
coveri�g Tenant, its officers and employees.
9.2 Tenant shall maintain during the fu11 term of this Lease workers' compensation insurance with
statutory limits and employers' liability insurance witfi fimits of not Iess tfian 5500,000 each
accident.
10. FIRE INSURANCE. None required. Tenant shall make no claim against Landlord arising out of any loss
to the Premises.
11. R1GHT TO ENTER. Tenant shafl allow Landiord and Landlord's contractors and authorized {icensees to
enter upon the Premises fior any of the foliowing purposes: to survey the land, to take soil borings, to
perform utility relocaiio� or repair work, or to perfiorm any other work which is preparatory to a highway
construction project; also to make emergency repairs required for highway safety. If there is a highway bridge
above any part of the Premises, Tenant shall allow Landlord to enter upon the Premises to inspect, maintain,
and repair the bridge and its structural supPorts. If any of these operations substantialiy restrict the Tenant's
use of the premises, rent wiil be reduced proportionai to the restricted use of the Premises during the period
of the restricted use. The reduction (or abatementl of rent wil( be Tenant's only claim against Landlord based
on such restriction �or abatement) of use. Tenan2 shal! aAow Land(ord to inspect the premises and to show
the premises by appointment to prospective buyers or renters. Seiore en2ering the Premises for any of the
purposes under this paragraph, Landlord will make a reasonabie effort to notify Tenant, provided, however,
that in case of an 2mergency affecting highway safety (the 2xisience of which wili be determined solely by
Landlord), if Tenant is not present to permit entry onto the Premises, Landlord or its representatives may enter
q�����
without notice to Tenant, and for such entry Landlord or its representatives will not be Iiable to Tenant.
12. ADJACENT HIGHWAY FACiLITY. Tenant shall not permit the storage of any substance or material on
the Premises which may create a fire hazard to the adjacent highway facility 4�ncluding any overhead 6ridge
and its structural supports). It Landiord determines that Tenant is using the Premises in such a way as to
create a danger to the adjacent highway facility or the traveling public thereon, and if, upon receiving notice,
Tenant does not immediately remedy the danger to the satisfac2ion of Landlord, then Landlord may
immediateiy cancel this Lease and take possession of the Premises, Any requirement for giving notice of
cancellation set out elsewhere in this Lease will not apply io canceNation under this section. Unearned rent
paid by Tenant wili be returned.
If a part of the Premises is situate under or adjacent to a highway bridge, Tenant acknowledges that
Landlord's plowi�g and sweep+ng of the bridge may cause s�ow, ice, sand, or road sweepings to 6e pushed
off the sides of the bridge or otherwise expelled off the bridge, faIling onto the Premises. Tenant a9rees that
this risk is specificaliy inciuded in the TenanYs indemnification and release of Landford appearing elsewhere
in this Lease.
13. ASSIGNMEiVT AND SUBLETTING. 7enant shaf{ not assign this Lease or sublet the Premises.
14. CIVIL RIGHTS ACT. Tenant shall not discriminate on the ground of race, color, sex, or national origin
against any person in access to and use of the facilities and services operated or otherwise maintained on the
Premises; and Tenant sfiaH operate and maintain sucfi 4acilities and services in compliance with Title VI of the
Civii Rights Act ofi 1964, and Title 49, Code of Federal Regulations, Part 21 .
15. DEFAULT SY TENANT- LANDLORD'S REMEDIES. The folfowing occurrences are "events of default":
(a) Tenant defaults in the due and punctual payment of rent, and such default continues for five (5) days
after notice from Landlord; however, Tenant will not be eniitled to more than one notice for defauit in
payment of rent during any twelve month period, and if, within tweive months after any such notice, any
rent is not paid when due, an event of default shall have occurred without further notice.
!b) Tenant breaches any of the other agreemenis, terms, covenants, or conditions which this Lease
requires Tenant to perform, and such breach continues for a period of thirty (30) days after notice by
Landlord to Tenant.
At any time after the occurrence of either of the above events of defauit, Landlord may terminate this Lease
upon giving written notice to Tenant and may then re-enter and take possession of the Premises in such
manner as allowed or provided by law. Tenant shail pay Landlord all costs and expenses, including attorney's
fees, in any successful action brought by Landlord to recover unpaid rent, or to recover damages fior breach
of any of the other covenants, agreements, terms, or condicions which th+s Lease requires Tenant to peRo�m,
or to recover possession of the Premises.
16. HO�DING OVER. ff Tenant remains in possession of the Premises after the end of this Lease v�ith the
consent of Landlord, express or implied, Tenani shail occupy the Premises as a Tenant from mo�th to montn,
subject to ali conditions, provisions, and ob�igations of this Lease in effect on the Iast day ot the tetm.
4
q �. . �.� a-
77. MOVING OUT. At the expiration or sooner termination of this Lease, Tenant shall leave Yhe Premises
in as good condition as when delivered to Tenant (except for ordinary wear and any loss covered by insurance
payment to Landlordl.
7 8. SALE OR TRAtJSFER OF PREMlSES. If Landlord sells or tra�sfers the Premises, Landlord's liability for
the performance of its covenants under this Lease shall end on the date of the sale or transfer, a�d Tenant
sha11 look sofely to the purchaser or transferee for the performance of those covenants.
19. RELOCATION ASSISTANGE: Persons, businesses, farms, non-profit organizations, and other entities
(hereinafter collectively referred to as Tenant) displaced by cancellation or termination ot this Lease, or by
moving out prior to cancella2ion or termination of this Lease, are not classified as "displaced persons" and are
not efigible for relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 and iis amendments. By signing this Lease, TENANT affirms that they are not a
displaced person.
20. ADDITIONAL AGREEMENTS. Landlord has accepted a statement of self-insurance by the Tenant in lieu
of the Certificate of liability insurance required in Section 9.
21. ENTIRE AGREEMENT. This Lease contains the entire agreement between Landlord and Tenant with
respect to its sub}ect matter and may be amended o�ly by subsequent written agreement between them.
Excspt for those which are set forth +n this Lease, no representations, warranties, or agreements have been
made by Landlord or Tenant to one another with respect io this Lease.
FILENAME
TENANT
CITY OF SAINT PAUL
By
Its Mayor
Date
Bv
City Clerk
Date
By
Dace
�
Date
Director, Department of Finance &
Management Services
Director, Department of Parks & Recreation
L�\'DLORD, STATE OF MINNESOTA
DEPAItTMENT OF TRANSPORTATION
COi�Ilb1ISSIONER OF TRANSPORTATTON
Ey
Merritt H. Unzie, �ire<tor
Office of Land Management
�I Y•�'��
Approved as m form and exec�tion
s
Assistant City Attomey
Daie
Approved as m fortn and execunon
FOfl SHE ATTOANEY GENERAL
sY
TiUe
Date
Oate