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99-10294' OR��tNRL Presented By: RESOLUTION CITY OF SAINT PAUL, MIIVNESOTA Council File # Green Sheet # � - �� 100334 Referred To: Committee:Date: �� 1 BE TT RESOLVED, That the Saint Paul Police Department is authorized to enter into an agreement with 2 the Washington County Agricultural Society to provide a large field, building, and roadways for the 3 Mobile Field Force Tactics Training on the day of November 16 and 18, 1999. 4 A copy of said agreement is to be kept on file and on record in the Office of Financial Services. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Benanav Co%man Reitei Adopted by CounciL• Date: Adoption by Council By: - �1 \ � a � � Requested by � Form�ip]St�qved by City � F ti by Ni of: al�.lag washington.agricul.society.novt 6. i 8.xls _ �, ., Police Chief Finney 292-3588 09/22/99 IWYB9LFiax RW761G ORDER TOTAL � OF SIGNATURE PAGES GREEN SHEET mMt�r �✓v � 7 n No � V ��4 aneau¢i � a'r�Tro�r � ❑ arcusuc � � -'� HIqiC111Lif1tY1CFt0�! � nUIICJLLfFR1qKR6 � MYd[(ORAWT ❑ (CLJP ALL LO ATIONS FOR SIGNATURE) Signatures requested on attached Council Resolution. F _ _ ' ' qr.-_ ,� �L� '�' � IJJ� _- _ , � ` �Y "� w ; _' PLANNING CAMMISSION CIB COMMITfEE CNIL SERVICE COMMISSION ILSOWIL iEHViCE CONTRACfS MUSi ANSWER TXE FOLLOWING QUESiiONS: H86 U1ic P�� eVelMalketl unAH a Cantrdtf faffhie depel�mEfll7 V6 NO Hm Mis D��rm e.�er heen a tilY emDbY�? YES NO Doec this P�� P�$%a sla'6 not normalb0� M�Y airtent eilY emd�'� YES NO Is Min peraoNfimi a taryMed eendaY! YES MO NI71A7MG PR06LEM ISSUE, OPPORTUNITV (Who, Whaf, When, WMre, Wlry) . The Saint Paul Police Department will need to train sworn personnel in Mobile Field Force Tactics to prepare for Y2K and possible civil unrest. The training requires a very large field, buiiding, and roadways away from populated areas due to the use of sirens and blanks being fired. The training will be conducted and the Department will be ready for possible Y2K problems. None )ISADVANTAGES IF NOT APPROVFD Training would either not take place or would disturb City residents. Tnnr�sacnorrs 300.00 souace �eneral Fund 001-04303-0282-40060 rt+FOw.unox cowaN� COfTrttEVENUE BUDCiETm (qRCLE ONE) YES � �crnm N�Qc 4303. _ _ ____ R��4a ��$°�eC q9. ��' LEASE AGREEMENT This lease, made this 17th day of September, 1999 is by and between Washington County Agricultural Society, a non-profit corporation, herein after calied the LESSOR and St. Paul Police Dept. Training Unit herein after called the LESSEE. Failure to return this lease agreement within thirty (30) days of the above date will result in its termination. 1. LESSOR hereby leases to LESSEE the Washington County Fairgrounds, located in the Town of Baytown, Washington County, Minnesota. 2. X LESSOR hereby leases to LESSEE a portion of the Washington County Fa+rgrounds, located in the Town of Baytown, Washington Gounty, Minnesota. The portion described as follows: Hooley Hall/McFair Road/Main Ring TERM - 1.To have and to hold the leased premises unto the LESSEE for a term of 2 days, commenc+ng at 12:00 A.M. on the 16"' 8� 18fh day of November, 1399 and ending at 11:59 P.M. on the 18th day of November, '1999. REPIT 1.The rent for the term shail be $300.00 doliars. Such rent shali be paid as follows: $0.00 within ten (10) days of signing this lease. $300.00 prior to the commencing date ofi this lease agreement. USE 1.The leased property may be used and occupied only for: Riot Control Director Training and for no other purposes without the written consent of LESSOR. LESSEE shall comply with all laws, ordinances and regulations affecting the leased property, and promulgated by any duly constituted governmental authority. LESSEE shail also comply with any insurance company requirements afFecting the cleanliness, safety, use or occupancy of fhe leased property. Upon expiration of the term the buildings and grounds must be cieaned and vacated in the same condition as at the beginning ofi the term. This inciudes but is not iimited to, removing and disposing of all trash. Any repairs or replacements necessary to restore the property to the condition at the beginning of the term shall be paid by the LESSOR and the LESSOR shail be fully reimbursed by the LESSEE. qgyou INDEMNITY 1.LESSEE agrees to indemnify LESSOR against any and all claims, demands, damages, costs and expenses, including reasonable aftorney's fees arising from fhe business conducted by the LESSEE on the leased property or from any breach or default on the part of the LESSEE in the performance of any covenant or agreemenf on the part of the LESSEE to be performed pursuant to the" terms of this lease, or from any act of negligence of LESSEE, iYs agents, contractors, servants, employees, concessionaires or licensees. In case of any action or proceeding brought against LESSOR by reason of any such claim, upon notice from LESSOR, LESSEE covenants to defend such action or proceeding by council reasonably satisfactory to LESSOR. LESSOR shall not be liable and LESSEE waives all claims for damage to person or property sustained to LESSEE or LESSEE's employees, agents, servants, invitees and customers resulting from the buildings or grounds on which the leased premises are located or by reason of the leased premises or any equipment or appurtenances thereunto appertaining becoming out of repair, or resulting from any accident in or about the leased premises, or resulting in any act or neglect of any other LESSEE on said premises. All property belonging to LESSEE or any occupant of the leased premises shall be there at the risk of LESSEE or such other person only, and LESSOR shall not be liable for damage thereto or tlieft or misappropriation thereof. IIdSIDRAMCE 1.LESSEE agrees to maintain a policy or policies of insurance, at its own cost and expense, insuring LESSEE and LESSOR from all claims, demands or actions for injury or death of any one person in an amount of not less than $1,000,000 and for injury to or death of more than one person in any one accident to the limit of $1,000,000 and for damage to property in an amount of not less than $1,000,000, made on or on behaif of any person or persons, firm or corporation arising from, related to, or connected with, the feased premises. EMiNENT DOMAIN 1.if the leased premises shall be taken under the power of eminent domain, then the term of this lease shall cease as of the day possession shali be taken by the condemning authority, and the rent shall be paid up to that date. 2.All damages awarded for any such taking under the power of eminent domain shall be that property of LESSOR, whether such damages shall be awarded as compensation for diminution in value of the leasehold or io the fee ofi the leased premises. � qq- �oaq DAMAGE BY FIRE OR OTHER CASUALTY In case the leased premises shalf be partially or totally destroyed by fire casualty so as to become partially or totally unattainable, the same shall be repaired as speedily as possible at the expense of LESSOR unless LESSOR shall elect not to rebuild, in which case by notice in writing LESSOR may terminate this lease, and a just and proportionate part of the renf shall be abated until so repaired based upon the time and to the extent the leased premises are untenantable. ASSIGNMEWT AND SUBLE7?ING 1.LESSEE shall not assign or in any manner transfer this lease or any interest therein, nor sublet said ieased premises or any part thereof, nor permit occupancy by anyone with, through or under it, without the previous written consent of LESSOR. 2.Neither this lease nor any interest therein, nor any estate thereby • created, shall pass to any trustees or receiver in bankruptcy, or any assignees for ` the benefit of creditors, or by operation of law. ACCESS TO PREMISES 1.LESSOR shall have the right to enter the leased premises at all reasonable hours, upon written notice, for the purpose of inspecting the same or of making repairs, additions or alterations thereto. SURRENDER OF POSSESSION 1.At the expiration of the tenancy created hereunder, whether by Iapse of time or otherwise, LESSEES shall surrender the leased premises in good condition and repair. If the leased premises are not surrendered at the end of the term or the sooner termination thereof, �ESSEE shall indemnify LESSOR against loss or liability resulting from delay by LESSEE in so surrendering the leased premises, including, without limitation, claims made by any succeeding tenant founded on such delay. 2.In the event LESSEE remains in possession of the feased premises after the expiration of the tenancy created hereunder, and without the execution of a new lease, it shall be deemed to be occupying the leased premises as a tenant from day to day, at twice the stated rent, subject to all the other conditions, provisions and obligations of this lease insofar as the same are applicable to a day to day tenancy, provided said possession is with LESSOR's consent. 3. aq. �oa9 NOTICES 1.Whenever under this lease provision is made for notice of any kind, such notice shall be in writing and shall be deemed sufficient notice and service thereof if such notice to LESSEE is actually delivered to LESSEE, or sent by registered or certified mail, return receipt requested, postage prepaid, to the last Post Office address of LESSEE furnished to LESSOR for such purpose or to the leased premises; and if to LESSOR if actually delivered to LESSOR or if seni by registered or certified mail, return receipt requested, postage prepaid, to the LESSOR at the address furnished for such purpose, or to the place then fixed for the payment of rent. GENERAL 1.Nothing contained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto. ° 2.One or more waivers of any term of this lease by either party shall not be � construed by the other party as a waiver of subsequent breach of the same term. The consent or approval by either party to or of any act by the other party of a nature requiring consent or approval shall not be deemed to waive consent to or approval of any subsequent similar act. 3.The headings of the several articles contained herein are for convenience oniy and do not limit the contents of such articles. All negotiations, considerations, representations and u�derstandings between the parties are incorporated herein, and may be modified or altered only by agreement in writing between the parties. 4.The covenants and obligations herein shall e�end to, bind and inure to the benefit of not only the parties hereto, but their respective personal representatives, heirs, successors and assigns. 5.Unenforceability of any provision contained in this lease shall not affect or impair the validity of any other provision of this lease. 6.The laws of the State of Minnesota shall govern the validity, performance and enforcement of this lease. For: For: Washington County Agricultural Society LESSEE �� LESSOR g gy: \ � � , � Treasurer CI qq. ►oaa Letfer of Undersfanding as an Addendum to the Contracf behveen the City of St. Paul and the �Vashington County Agricultural Society (County) for facility rental. That the si�nature lines for at!thority on the contract will include: � City Attomey � �� D� �� /1.C'N� ""�- / . � �� 1�� l o 03�3 4' OR��tNRL Presented By: RESOLUTION CITY OF SAINT PAUL, MIIVNESOTA Council File # Green Sheet # � - �� 100334 Referred To: Committee:Date: �� 1 BE TT RESOLVED, That the Saint Paul Police Department is authorized to enter into an agreement with 2 the Washington County Agricultural Society to provide a large field, building, and roadways for the 3 Mobile Field Force Tactics Training on the day of November 16 and 18, 1999. 4 A copy of said agreement is to be kept on file and on record in the Office of Financial Services. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Benanav Co%man Reitei Adopted by CounciL• Date: Adoption by Council By: - �1 \ � a � � Requested by � Form�ip]St�qved by City � F ti by Ni of: al�.lag washington.agricul.society.novt 6. i 8.xls _ �, ., Police Chief Finney 292-3588 09/22/99 IWYB9LFiax RW761G ORDER TOTAL � OF SIGNATURE PAGES GREEN SHEET mMt�r �✓v � 7 n No � V ��4 aneau¢i � a'r�Tro�r � ❑ arcusuc � � -'� HIqiC111Lif1tY1CFt0�! � nUIICJLLfFR1qKR6 � MYd[(ORAWT ❑ (CLJP ALL LO ATIONS FOR SIGNATURE) Signatures requested on attached Council Resolution. F _ _ ' ' qr.-_ ,� �L� '�' � IJJ� _- _ , � ` �Y "� w ; _' PLANNING CAMMISSION CIB COMMITfEE CNIL SERVICE COMMISSION ILSOWIL iEHViCE CONTRACfS MUSi ANSWER TXE FOLLOWING QUESiiONS: H86 U1ic P�� eVelMalketl unAH a Cantrdtf faffhie depel�mEfll7 V6 NO Hm Mis D��rm e.�er heen a tilY emDbY�? YES NO Doec this P�� P�$%a sla'6 not normalb0� M�Y airtent eilY emd�'� YES NO Is Min peraoNfimi a taryMed eendaY! YES MO NI71A7MG PR06LEM ISSUE, OPPORTUNITV (Who, Whaf, When, WMre, Wlry) . The Saint Paul Police Department will need to train sworn personnel in Mobile Field Force Tactics to prepare for Y2K and possible civil unrest. The training requires a very large field, buiiding, and roadways away from populated areas due to the use of sirens and blanks being fired. The training will be conducted and the Department will be ready for possible Y2K problems. None )ISADVANTAGES IF NOT APPROVFD Training would either not take place or would disturb City residents. Tnnr�sacnorrs 300.00 souace �eneral Fund 001-04303-0282-40060 rt+FOw.unox cowaN� COfTrttEVENUE BUDCiETm (qRCLE ONE) YES � �crnm N�Qc 4303. _ _ ____ R��4a ��$°�eC q9. ��' LEASE AGREEMENT This lease, made this 17th day of September, 1999 is by and between Washington County Agricultural Society, a non-profit corporation, herein after calied the LESSOR and St. Paul Police Dept. Training Unit herein after called the LESSEE. Failure to return this lease agreement within thirty (30) days of the above date will result in its termination. 1. LESSOR hereby leases to LESSEE the Washington County Fairgrounds, located in the Town of Baytown, Washington County, Minnesota. 2. X LESSOR hereby leases to LESSEE a portion of the Washington County Fa+rgrounds, located in the Town of Baytown, Washington Gounty, Minnesota. The portion described as follows: Hooley Hall/McFair Road/Main Ring TERM - 1.To have and to hold the leased premises unto the LESSEE for a term of 2 days, commenc+ng at 12:00 A.M. on the 16"' 8� 18fh day of November, 1399 and ending at 11:59 P.M. on the 18th day of November, '1999. REPIT 1.The rent for the term shail be $300.00 doliars. Such rent shali be paid as follows: $0.00 within ten (10) days of signing this lease. $300.00 prior to the commencing date ofi this lease agreement. USE 1.The leased property may be used and occupied only for: Riot Control Director Training and for no other purposes without the written consent of LESSOR. LESSEE shall comply with all laws, ordinances and regulations affecting the leased property, and promulgated by any duly constituted governmental authority. LESSEE shail also comply with any insurance company requirements afFecting the cleanliness, safety, use or occupancy of fhe leased property. Upon expiration of the term the buildings and grounds must be cieaned and vacated in the same condition as at the beginning ofi the term. This inciudes but is not iimited to, removing and disposing of all trash. Any repairs or replacements necessary to restore the property to the condition at the beginning of the term shall be paid by the LESSOR and the LESSOR shail be fully reimbursed by the LESSEE. qgyou INDEMNITY 1.LESSEE agrees to indemnify LESSOR against any and all claims, demands, damages, costs and expenses, including reasonable aftorney's fees arising from fhe business conducted by the LESSEE on the leased property or from any breach or default on the part of the LESSEE in the performance of any covenant or agreemenf on the part of the LESSEE to be performed pursuant to the" terms of this lease, or from any act of negligence of LESSEE, iYs agents, contractors, servants, employees, concessionaires or licensees. In case of any action or proceeding brought against LESSOR by reason of any such claim, upon notice from LESSOR, LESSEE covenants to defend such action or proceeding by council reasonably satisfactory to LESSOR. LESSOR shall not be liable and LESSEE waives all claims for damage to person or property sustained to LESSEE or LESSEE's employees, agents, servants, invitees and customers resulting from the buildings or grounds on which the leased premises are located or by reason of the leased premises or any equipment or appurtenances thereunto appertaining becoming out of repair, or resulting from any accident in or about the leased premises, or resulting in any act or neglect of any other LESSEE on said premises. All property belonging to LESSEE or any occupant of the leased premises shall be there at the risk of LESSEE or such other person only, and LESSOR shall not be liable for damage thereto or tlieft or misappropriation thereof. IIdSIDRAMCE 1.LESSEE agrees to maintain a policy or policies of insurance, at its own cost and expense, insuring LESSEE and LESSOR from all claims, demands or actions for injury or death of any one person in an amount of not less than $1,000,000 and for injury to or death of more than one person in any one accident to the limit of $1,000,000 and for damage to property in an amount of not less than $1,000,000, made on or on behaif of any person or persons, firm or corporation arising from, related to, or connected with, the feased premises. EMiNENT DOMAIN 1.if the leased premises shall be taken under the power of eminent domain, then the term of this lease shall cease as of the day possession shali be taken by the condemning authority, and the rent shall be paid up to that date. 2.All damages awarded for any such taking under the power of eminent domain shall be that property of LESSOR, whether such damages shall be awarded as compensation for diminution in value of the leasehold or io the fee ofi the leased premises. � qq- �oaq DAMAGE BY FIRE OR OTHER CASUALTY In case the leased premises shalf be partially or totally destroyed by fire casualty so as to become partially or totally unattainable, the same shall be repaired as speedily as possible at the expense of LESSOR unless LESSOR shall elect not to rebuild, in which case by notice in writing LESSOR may terminate this lease, and a just and proportionate part of the renf shall be abated until so repaired based upon the time and to the extent the leased premises are untenantable. ASSIGNMEWT AND SUBLE7?ING 1.LESSEE shall not assign or in any manner transfer this lease or any interest therein, nor sublet said ieased premises or any part thereof, nor permit occupancy by anyone with, through or under it, without the previous written consent of LESSOR. 2.Neither this lease nor any interest therein, nor any estate thereby • created, shall pass to any trustees or receiver in bankruptcy, or any assignees for ` the benefit of creditors, or by operation of law. ACCESS TO PREMISES 1.LESSOR shall have the right to enter the leased premises at all reasonable hours, upon written notice, for the purpose of inspecting the same or of making repairs, additions or alterations thereto. SURRENDER OF POSSESSION 1.At the expiration of the tenancy created hereunder, whether by Iapse of time or otherwise, LESSEES shall surrender the leased premises in good condition and repair. If the leased premises are not surrendered at the end of the term or the sooner termination thereof, �ESSEE shall indemnify LESSOR against loss or liability resulting from delay by LESSEE in so surrendering the leased premises, including, without limitation, claims made by any succeeding tenant founded on such delay. 2.In the event LESSEE remains in possession of the feased premises after the expiration of the tenancy created hereunder, and without the execution of a new lease, it shall be deemed to be occupying the leased premises as a tenant from day to day, at twice the stated rent, subject to all the other conditions, provisions and obligations of this lease insofar as the same are applicable to a day to day tenancy, provided said possession is with LESSOR's consent. 3. aq. �oa9 NOTICES 1.Whenever under this lease provision is made for notice of any kind, such notice shall be in writing and shall be deemed sufficient notice and service thereof if such notice to LESSEE is actually delivered to LESSEE, or sent by registered or certified mail, return receipt requested, postage prepaid, to the last Post Office address of LESSEE furnished to LESSOR for such purpose or to the leased premises; and if to LESSOR if actually delivered to LESSOR or if seni by registered or certified mail, return receipt requested, postage prepaid, to the LESSOR at the address furnished for such purpose, or to the place then fixed for the payment of rent. GENERAL 1.Nothing contained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto. ° 2.One or more waivers of any term of this lease by either party shall not be � construed by the other party as a waiver of subsequent breach of the same term. The consent or approval by either party to or of any act by the other party of a nature requiring consent or approval shall not be deemed to waive consent to or approval of any subsequent similar act. 3.The headings of the several articles contained herein are for convenience oniy and do not limit the contents of such articles. All negotiations, considerations, representations and u�derstandings between the parties are incorporated herein, and may be modified or altered only by agreement in writing between the parties. 4.The covenants and obligations herein shall e�end to, bind and inure to the benefit of not only the parties hereto, but their respective personal representatives, heirs, successors and assigns. 5.Unenforceability of any provision contained in this lease shall not affect or impair the validity of any other provision of this lease. 6.The laws of the State of Minnesota shall govern the validity, performance and enforcement of this lease. For: For: Washington County Agricultural Society LESSEE �� LESSOR g gy: \ � � , � Treasurer CI qq. ►oaa Letfer of Undersfanding as an Addendum to the Contracf behveen the City of St. Paul and the �Vashington County Agricultural Society (County) for facility rental. That the si�nature lines for at!thority on the contract will include: � City Attomey � �� D� �� /1.C'N� ""�- / . � �� 1�� l o 03�3 4' OR��tNRL Presented By: RESOLUTION CITY OF SAINT PAUL, MIIVNESOTA Council File # Green Sheet # � - �� 100334 Referred To: Committee:Date: �� 1 BE TT RESOLVED, That the Saint Paul Police Department is authorized to enter into an agreement with 2 the Washington County Agricultural Society to provide a large field, building, and roadways for the 3 Mobile Field Force Tactics Training on the day of November 16 and 18, 1999. 4 A copy of said agreement is to be kept on file and on record in the Office of Financial Services. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Benanav Co%man Reitei Adopted by CounciL• Date: Adoption by Council By: - �1 \ � a � � Requested by � Form�ip]St�qved by City � F ti by Ni of: al�.lag washington.agricul.society.novt 6. i 8.xls _ �, ., Police Chief Finney 292-3588 09/22/99 IWYB9LFiax RW761G ORDER TOTAL � OF SIGNATURE PAGES GREEN SHEET mMt�r �✓v � 7 n No � V ��4 aneau¢i � a'r�Tro�r � ❑ arcusuc � � -'� HIqiC111Lif1tY1CFt0�! � nUIICJLLfFR1qKR6 � MYd[(ORAWT ❑ (CLJP ALL LO ATIONS FOR SIGNATURE) Signatures requested on attached Council Resolution. F _ _ ' ' qr.-_ ,� �L� '�' � IJJ� _- _ , � ` �Y "� w ; _' PLANNING CAMMISSION CIB COMMITfEE CNIL SERVICE COMMISSION ILSOWIL iEHViCE CONTRACfS MUSi ANSWER TXE FOLLOWING QUESiiONS: H86 U1ic P�� eVelMalketl unAH a Cantrdtf faffhie depel�mEfll7 V6 NO Hm Mis D��rm e.�er heen a tilY emDbY�? YES NO Doec this P�� P�$%a sla'6 not normalb0� M�Y airtent eilY emd�'� YES NO Is Min peraoNfimi a taryMed eendaY! YES MO NI71A7MG PR06LEM ISSUE, OPPORTUNITV (Who, Whaf, When, WMre, Wlry) . The Saint Paul Police Department will need to train sworn personnel in Mobile Field Force Tactics to prepare for Y2K and possible civil unrest. The training requires a very large field, buiiding, and roadways away from populated areas due to the use of sirens and blanks being fired. The training will be conducted and the Department will be ready for possible Y2K problems. None )ISADVANTAGES IF NOT APPROVFD Training would either not take place or would disturb City residents. Tnnr�sacnorrs 300.00 souace �eneral Fund 001-04303-0282-40060 rt+FOw.unox cowaN� COfTrttEVENUE BUDCiETm (qRCLE ONE) YES � �crnm N�Qc 4303. _ _ ____ R��4a ��$°�eC q9. ��' LEASE AGREEMENT This lease, made this 17th day of September, 1999 is by and between Washington County Agricultural Society, a non-profit corporation, herein after calied the LESSOR and St. Paul Police Dept. Training Unit herein after called the LESSEE. Failure to return this lease agreement within thirty (30) days of the above date will result in its termination. 1. LESSOR hereby leases to LESSEE the Washington County Fairgrounds, located in the Town of Baytown, Washington County, Minnesota. 2. X LESSOR hereby leases to LESSEE a portion of the Washington County Fa+rgrounds, located in the Town of Baytown, Washington Gounty, Minnesota. The portion described as follows: Hooley Hall/McFair Road/Main Ring TERM - 1.To have and to hold the leased premises unto the LESSEE for a term of 2 days, commenc+ng at 12:00 A.M. on the 16"' 8� 18fh day of November, 1399 and ending at 11:59 P.M. on the 18th day of November, '1999. REPIT 1.The rent for the term shail be $300.00 doliars. Such rent shali be paid as follows: $0.00 within ten (10) days of signing this lease. $300.00 prior to the commencing date ofi this lease agreement. USE 1.The leased property may be used and occupied only for: Riot Control Director Training and for no other purposes without the written consent of LESSOR. LESSEE shall comply with all laws, ordinances and regulations affecting the leased property, and promulgated by any duly constituted governmental authority. LESSEE shail also comply with any insurance company requirements afFecting the cleanliness, safety, use or occupancy of fhe leased property. Upon expiration of the term the buildings and grounds must be cieaned and vacated in the same condition as at the beginning ofi the term. This inciudes but is not iimited to, removing and disposing of all trash. Any repairs or replacements necessary to restore the property to the condition at the beginning of the term shall be paid by the LESSOR and the LESSOR shail be fully reimbursed by the LESSEE. qgyou INDEMNITY 1.LESSEE agrees to indemnify LESSOR against any and all claims, demands, damages, costs and expenses, including reasonable aftorney's fees arising from fhe business conducted by the LESSEE on the leased property or from any breach or default on the part of the LESSEE in the performance of any covenant or agreemenf on the part of the LESSEE to be performed pursuant to the" terms of this lease, or from any act of negligence of LESSEE, iYs agents, contractors, servants, employees, concessionaires or licensees. In case of any action or proceeding brought against LESSOR by reason of any such claim, upon notice from LESSOR, LESSEE covenants to defend such action or proceeding by council reasonably satisfactory to LESSOR. LESSOR shall not be liable and LESSEE waives all claims for damage to person or property sustained to LESSEE or LESSEE's employees, agents, servants, invitees and customers resulting from the buildings or grounds on which the leased premises are located or by reason of the leased premises or any equipment or appurtenances thereunto appertaining becoming out of repair, or resulting from any accident in or about the leased premises, or resulting in any act or neglect of any other LESSEE on said premises. All property belonging to LESSEE or any occupant of the leased premises shall be there at the risk of LESSEE or such other person only, and LESSOR shall not be liable for damage thereto or tlieft or misappropriation thereof. IIdSIDRAMCE 1.LESSEE agrees to maintain a policy or policies of insurance, at its own cost and expense, insuring LESSEE and LESSOR from all claims, demands or actions for injury or death of any one person in an amount of not less than $1,000,000 and for injury to or death of more than one person in any one accident to the limit of $1,000,000 and for damage to property in an amount of not less than $1,000,000, made on or on behaif of any person or persons, firm or corporation arising from, related to, or connected with, the feased premises. EMiNENT DOMAIN 1.if the leased premises shall be taken under the power of eminent domain, then the term of this lease shall cease as of the day possession shali be taken by the condemning authority, and the rent shall be paid up to that date. 2.All damages awarded for any such taking under the power of eminent domain shall be that property of LESSOR, whether such damages shall be awarded as compensation for diminution in value of the leasehold or io the fee ofi the leased premises. � qq- �oaq DAMAGE BY FIRE OR OTHER CASUALTY In case the leased premises shalf be partially or totally destroyed by fire casualty so as to become partially or totally unattainable, the same shall be repaired as speedily as possible at the expense of LESSOR unless LESSOR shall elect not to rebuild, in which case by notice in writing LESSOR may terminate this lease, and a just and proportionate part of the renf shall be abated until so repaired based upon the time and to the extent the leased premises are untenantable. ASSIGNMEWT AND SUBLE7?ING 1.LESSEE shall not assign or in any manner transfer this lease or any interest therein, nor sublet said ieased premises or any part thereof, nor permit occupancy by anyone with, through or under it, without the previous written consent of LESSOR. 2.Neither this lease nor any interest therein, nor any estate thereby • created, shall pass to any trustees or receiver in bankruptcy, or any assignees for ` the benefit of creditors, or by operation of law. ACCESS TO PREMISES 1.LESSOR shall have the right to enter the leased premises at all reasonable hours, upon written notice, for the purpose of inspecting the same or of making repairs, additions or alterations thereto. SURRENDER OF POSSESSION 1.At the expiration of the tenancy created hereunder, whether by Iapse of time or otherwise, LESSEES shall surrender the leased premises in good condition and repair. If the leased premises are not surrendered at the end of the term or the sooner termination thereof, �ESSEE shall indemnify LESSOR against loss or liability resulting from delay by LESSEE in so surrendering the leased premises, including, without limitation, claims made by any succeeding tenant founded on such delay. 2.In the event LESSEE remains in possession of the feased premises after the expiration of the tenancy created hereunder, and without the execution of a new lease, it shall be deemed to be occupying the leased premises as a tenant from day to day, at twice the stated rent, subject to all the other conditions, provisions and obligations of this lease insofar as the same are applicable to a day to day tenancy, provided said possession is with LESSOR's consent. 3. aq. �oa9 NOTICES 1.Whenever under this lease provision is made for notice of any kind, such notice shall be in writing and shall be deemed sufficient notice and service thereof if such notice to LESSEE is actually delivered to LESSEE, or sent by registered or certified mail, return receipt requested, postage prepaid, to the last Post Office address of LESSEE furnished to LESSOR for such purpose or to the leased premises; and if to LESSOR if actually delivered to LESSOR or if seni by registered or certified mail, return receipt requested, postage prepaid, to the LESSOR at the address furnished for such purpose, or to the place then fixed for the payment of rent. GENERAL 1.Nothing contained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto. ° 2.One or more waivers of any term of this lease by either party shall not be � construed by the other party as a waiver of subsequent breach of the same term. The consent or approval by either party to or of any act by the other party of a nature requiring consent or approval shall not be deemed to waive consent to or approval of any subsequent similar act. 3.The headings of the several articles contained herein are for convenience oniy and do not limit the contents of such articles. All negotiations, considerations, representations and u�derstandings between the parties are incorporated herein, and may be modified or altered only by agreement in writing between the parties. 4.The covenants and obligations herein shall e�end to, bind and inure to the benefit of not only the parties hereto, but their respective personal representatives, heirs, successors and assigns. 5.Unenforceability of any provision contained in this lease shall not affect or impair the validity of any other provision of this lease. 6.The laws of the State of Minnesota shall govern the validity, performance and enforcement of this lease. For: For: Washington County Agricultural Society LESSEE �� LESSOR g gy: \ � � , � Treasurer CI qq. ►oaa Letfer of Undersfanding as an Addendum to the Contracf behveen the City of St. Paul and the �Vashington County Agricultural Society (County) for facility rental. That the si�nature lines for at!thority on the contract will include: � City Attomey � �� D� �� /1.C'N� ""�- / . � �� 1�� l o 03�3