HomeMy WebLinkAbout1994-12-07 DTPC PacketMEETING NOTICE
The Downtown Parking Commission will meeting Wednesday, December 7, 1994, at 8:30
a.m. in the Stillwater City Council Chambers
AGENDA
1. Lease agreement for Desch building.
2. UBC Parking lot update.
3. 1994 revenues and expenditures. Stu Glaser.
4. Downtown parking fees.
EXHIBIT "G"
PARKING LEASE AGREEMENT
THIS AGREEMENT is made this
day of
, 1990, by and between MARK L. DESCH and GLORIA
M. DESCH, husband and wife ("Lessor"), and THE CITY OF
STILLWATER, a Municipal Corporation of the State of Minnesota
("City").
RECITALS
A. Lessor is the owner of land (the "Property") located in
the City of Stillwater, County of Washington, State of Minnesota,
legally described as set forth on Exhibit "A" attached hereto.
B. The City desires to lease a surface parking lot on the
part of the Property described in Exhibit "B" attached hereto
(the "Parking Area") and to create the necessary leasehold rights
for joint use of the Parking Area by Lessor and the City.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, it is hereby agreed that:
1. Exclusive Possession of Parking Area. Lessor shall
have exclusive use of the Parking Area between the hours of 6:00
a.m. and 6:00 p.m. Monday through Friday, except that Lessor
shall not have exclusive use of the Parking Area on New Year's
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,
and Christmas Day ("Public Holidays").
2. Nonexclusive Lease of Parking Area. Lessor hereby
leases to City, and City hereby leases from Lessor, nonexclusive
use of the Parking Area (a) between the hours of 6:00 p.m. and
6:00 a.m. Monday through Friday, (b) on Saturday and Sunday, and
(c) on Public Holidays (collectively "Public Use Periods").
3. Rent. City shall pay to Lessor rent in the sum of Six
and 25/100 Dollars ($6.25) per month per parking space on the
first day of every month during the term of this Agreement.
Lessor is not required to send statements for rent.
4. Use. City shall be permitted to use the Parking Area,
as leased in Section 2 hereof, for public parking purposes and
for law enforcement purposes for the benefit of the Lessor and
the Public.
5. Construction. Lessor shall, at its sole expense,
design and construct a surface parking lot ("Parking Lot") on the
Parking Area in the following manner:
a. The Parking Lot shall have bituminous surface;
b. The Parking Lot shall consist of approximately 80
parking spaces;
c. There shall be vehicular access to and from the Parking
Lot to North Main Street.
6. Signage. The City shall, at its sole expense and
subject to the approval of the Lessor, design and install signage
that clearly identifies the Public Use Periods provided for by
this Lease Agreement.
7. Maintenance and Operating Expense. City shall pay, as
additional rent, thirty percent (30%) of the maintenance and
operating costs of the Parking Area.
8. Trash Pickup and Sweeping. The City shall provide a
trash receptacle for the Lot and shall empty it and sweep the Lot
on the same schedule and at the same frequency that other
downtown parking lots are cleaned.
9. Insurance. City shall maintain comprehensive liability
insurance, naming Lessor as an Additional insured and containing
a nonsubrogation clause, in an amount equal to at least
$1,000,000.00 per occurrence for Lhe use of the Parking Area by
the City and the Public.
10. Indemnity. The City hereby indemnifies, defends and
saves Lessor and its employees, agents, insurers, assigns, and
affiliated partnerships and corporations harmless from and
against all claims, actions, costs (including without limitation
reasonable attorneys' fees and costs and witnesses' fees and
costs) or damages of every kind and'description (including
without limitation claims for property damage or personal
injury), fees, judgments, expenses, liabilities, liens, and
suits, known or unknown, liquidated or unliquidated, which accrue
to or are suffered by any person or property resulting from acts
or omissions of the Public and the City, its employees, agents,
and licensees in connection with the use of the Parking Area.
11. Term. This Agreement and the rights and covenants
contained herein shall have a term of fifteen (15) years ("Term")
subject to extensions or termination in accordance with the
provisions hereof. The Term may be extended for three (3)
additional five-year (5) periods ("Renewal Option") only by
written notice from the City to Lessor. The City shall exercise
the Renewal Option by giving Lessor written notice at least six
(6) months prior to the expiration date of this Agreement or any
renewal term. If the City does not exercise a renewal option,
the City shall execute and deliver to Lessor a written
termination of this Agreement in recordable form.
12. Default. In the event either party hereto shall fail
to take any action or to pay any amount payable by such party
hereunder ("Event of Default"), then the nondefaulting party
("Nondefaulting Party") may, but shall have no obligation to,
provide the defaulting party ("Defaulting Party").with written
notice specifying the Event of Default. If the Defaulting Party
fails to cure the Event of Default within thirty (30) days of
receipt of such notice, or such further time as reasonably
necessary to complete a cure, then the Nondefaulting Party may,
but shall have no obligation ,to, perform such act or pay such
sum, and the cost of curing the Event of Default shall be
immediately due and payable by the Defaulting Party, together
with interest at the lower of (i) twelve percent (12%) per annum
or (ii) the highest amount allowed by law, until paid.
13. Notices. All notices provided herein shall be in
writing and shall be deemed delivered when personally served or
when sentby first class certified mail, return receipt
requested, served or addressed as follows:
If to the City: City of Stillwater
216 North Fourth Street
If to Lessor:
Stillwater, MN 55082
Attention: Steve Russell -
Mark L. Desch and Gloria M. Desch
9985 Arcola Court
Stillwater, MN 55082
or to such other address as either party may designate by notice
given pursuant to this Section 14.
14. Successors and Assigns. This Agreement and the rights
and covenants contained herein shall run with the land, and shall
be binding on and inure to the benefit of and be enforceable by
the parties hereto and their respective successors and assigns.
15. Subordination, Nondisturbance and Attornment. This
Agreement is and shall be subject and subordinate at all times to
all existing and subsequent mortgages placed on or against the
Property, including all extensions, renewals, amendments and
supplements thereof, provided that the rights of the City under
this Agreement are recognized. The City hereby agrees to promptly
execute and deliver upon written request by Lessor all necessary
subordination documents required by Lessor's lenders or
purchasers if such lender or purchaser delivers a nondisturbance
agreement to the City.
16. Surrender. Subject to the terms of this Agreement, on
the last day of the Term or any renewal thereof, or on the sooner
termination of this Agreement, or rights of possession under
Agreement, the City shall peaceably and quietly surrender the
Parking Area, and shall remove its trade fixtures and personal
property ("Personal Property") from the Property. Personal
Property not so removed shall be deemed abandoned by and shall
become the property of the owner of the Property.
17. Governing Law. This Agreement shall be governed by
Minnesota Law.
LESSOR
Peu
And
ark--L. Desch
>'.2)•
Gloria M. Desch
CITY OF STILLWATER
By a}
ahalta,oe,4,04.../
Wally /Abrahamson, Mayor
And )72/L)L,Le-
Mary Lou/Johnson, 1erk
All that part of Lot No. Two (2), of Section No. Twenty-eight (28), of
Township No. Thirty (30) North, of Range No. Twenty (20) West, described
as follows:
Beginning at a point in the East line of Main Street (as originally laid
out) in the City of Stillwater, Two Hundred and Sixty and four tenths
(260.4) feet, Northerly from the North line of Mulberry Street, and running -
thence Easterly parallel with and Two Hundred and Sixty & 4/10 (260.4) feet
Northerly from the said North line of Mulberry Street, One Hundred and Eight
Five (185) feet, thence Northerly parallel with said Main Street (as origina
laid out) Thirty (30) feet, thence Westerly parallel with said North line
of Mulberry Street One Hundred and Eighty-five (185) feet to the said East
line of Main Street, thence Southerly Thirty (30) feet to the point of
beginning. Excepting a strip off the Westerly side of the above described
property -heretofore deeded to the City of Stillwater for a change in the lir
of said Main Street
•
Exhibit "A"
Exhibit "B"
ADDENDUM
NO. 1
This Addendum, made this -1)() day of June, 1992, by and
between Mark L. Desch and Gloria M. Desch, husband and wife,
Lessor, and the City of Stillwater, a Minnesota corporation of the
State of Minnesota, City;
RECITAL
A. The parties to this Addendum are the parties a lease made
the 9th day of August, 1990, for property at 333 North Main Street,
Stillwater, Minnesota, (the "Lease").
WITNESSETH:
A. The improvements contemplated by the lease are now
complete and the parties agree that the term of the lease shall
begin July 1, 1992 with the rent set forth in the lease to begin on
that day.
B. That the insurance paragraph set forth in paragraph 9 of
the lease is hereby modified to hereafter read as follows:
"9. INSURANCE. The City shall maintain comprehensive
liability insurance naming Lessor as an additional
insured and containing a non -subrogation clause in an
amount equal to at least $600,000 per occurrence for the
use of the parking area by the City and the public."
In all other ways the lease shall remain in force and effect.
LESSOR
BY k4 r` �J�✓
Mark L. Desch
BY- L-lcT 27
Gloria M. Desch
CITY OF STILLWATER
By
ally Abrahamson,
c L-
Mayor
BY !' _4--mac,
Mary Lou/Johnson, C k
DONALD L. BEBERG
CHIEF OF POLICE
7'o :
il iwater
THE BIRTHPLACE OF MINNESOTA
POLICE DEPARTMENT
MIMOI ANI)UM
I)owu t own I'o r k i ng t'omm i �; y i on
From: S.W. (.;laser
Date: I2/06/94
Re: Parking Revenues 1994
J
61)
c3
TIMOTHY J. BELL
CAPTAIN
Revenue Activity for 1994 through October:
Parking Meter 'Pickets
Parking Permits
Washington County Fines
October 1994
$ 7,950
$ I_1_-5 2 4 0 0
$10,234 35
Total $29,708.35
October 1993
9,839.00
$12,767.00
$18,957.00
$41,563.00
212 North Fourth Street, Stillwater, Minnesota 55082
Business Phone: (612) 439-1314 • 439-1336 • FAX: 439-0456
Police Response/Assistance: 911
its About Your Bill,
2-1234
7DAYS
mini? See Back
your Account Number Ready
urtt Number
00110 0005 1 7
rvIce Address
S10LWESTEPINER TSTOF
STILLWATER MN 55082
10-20
11-16
Account Summary Retain This Portion For Your Records
PREVIOUS BILL
PAYMENT 10/12
BALANCE ON 10/20
CURRENT BILL
TOTAL
Please pay on or before the
date due to avoid assessment
of a late pay charge 3 work-
ing days after date due.
$165.47
165.47CR
.00
Reading Dates Days
ELECTRIC SMALL GENERAL
10-18 1 29
09-19
BASIC CHARGE
ENERGY CHARGE
FUEL CLAUSE ADJUST
SUBTOTAL
STATE TAX AT 6.5%
CURRENT MONTH'S BILL
Meter Readings Energy Use
METER # - SO95354928
2729 ( 947 KWH
1782 1
947 KWH AT $.06300
947 KWH AT $.00113
Daily Energy Use Comparisons ELECTRICITY
This Period Last Year NOT AVAILABLE
This Period This Year 32.7 KWH
Northern States
Power Company
NP 52KJ 00109 0000 1 0 Flasher/109 E Nelson St
$50,42 SP 52C4 00513 0000 1 3 Lighting/513 S Main
NP JBSX 13415 0000 1 3 Flasher/13415 N 60th Street
$133,23 TP JBSX 13535 0000 1 8 Signal/13535 N 60th Street
$123,65 PP 4WP9 01747 0000 1 6 Signal/1747 Greeley
$112,10 SP 52C4 00401 0001 1 7 Signal/401 S Main
$72.13 QP 52SB 00110 0005 1 7 Parking Lot Lights -Cub
;810.43 TOTAL 00100-4130-3600
NP 55QV 00223 0000 0 1 Library/223 N 4th Street
72.13
72.13
$7.00
59.66
1.07
67.73
4.40
72.13
The Weather During This Billing Perif
Was NOT APPLICABLE
Than Last Year