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89-1879 WHITE - C�TY CLERK COUflCll PINK - FINANCE G I TY O F A I NT PA U L OLUERV - MAVORTMENT File NO. ���� Council Resolution � � � f \ � .J -- Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, The Highland Area Hockey A sociation has requested permission to construct, operate and thereafter ma ntain an outdoor ice rink on a portion of land owned by the City of Saint P ul, said land being described as The Northwest 1/4 of the �I rthwest 1/4 of Section 15, Township 28 North, Range 2 West; and WHEREAS, Sai d 1 and owned by the Ci y i s hel d for benefi t of the Board of Water Commissioners and said Board h s recommended that the City enter into a Lease Agreement with Highland Ar a Hockey Association through passage of Board Resolution #3977; and WHEREAS, Highland Area Hockey Ass ciation provides a public service in operatng a hockey program for yout of the community and said Association will make the ice rink available t the general public when not in use by its members, and WHEREAS, The City Attorney's Offic' has prepared the attached Lease Agree- ment between the City of Saint Pau and Highland Area Hockey Association; now, therefore, be it RESOL.VED, That the attached Lease greement between the City of Saint Paul and Highland Area Hockey Associatio is hereby approved and that the proper City officials are directed to ex cute said Lease Agreement on behalf of the City of Saint Paul . COUNCIL MEMBERS _ Requested by Department of: Yeas Nays �, Dimond Long � In Favor Goswitz Rl�;� Q Against BY '�" General Mana e Wilson �`'T 1 7 � Form A oved by City At rney Adopted by Council: Date Certified Ya•s Counc.il etar BY gy, Approv by INavor: Date _ A ro May i �on o o �cil BY — — BY �s�� o c T 2 � �98 � ' �����q DEPARTMENTlOFFI(�//COUNGL DATE INITIA � s ` 9_22_ 9 GREEN SHEET No. 1��1� CONTACT PER30N 3 PHONE DEPARTMENT OIRECTOR � GTY OOUNGL Thomas D. M ren - 298-4100 ��� CITY ATfORNEY q- �cm cxea�c MUBT BE ON COUNdL AQENDA BY(DATE) ROUTINO ; BUDOEr DIRECTOR �FlN.a MOT.BERVICEB DIR. MAYOR(OR A8818T TOTAL#�OF SIGNATURE PAGES 3 (CLIP ALL LO TIONS FOR SIGNATUR� ACTION REQUESTED: I Execute the attachecl Lease Agreement be�w n Highland Area Hockey. RECOMMENDATIONS:Approvs py a Rsjsct(i� �q� pEpQpT Qp'rIONA� _PL4NNIN0 COMMIS810N _CIVIL 3ERVICE COMMISSION ANALYST PFIONE NO. _pB OOMMITTEE A Board of Water ' _3TAFF _ COI[6Ct13S10I1@Y'8 �MENTB: —DISTRICT COURT _ SUPPORTS WHICH COUNCII 08JECTIVE7 . INITIATINO PROBLEM,ISBUE.OPPOR7UNRV(Who,Whet,When,Where,Wh�: Highland Area Hockey Association has r sted permission to construct and operate an outdoor rink on City-owned land east of e old Highland Tower. The City Attorney with advice from the City's Real Estate and R k Manager, has prepared a lease agreement to facilitate said construction. In the o�i 'on of the Real Estate and Risk Manaqer, no annual fee should be charged in recognit' n of the Association's contribution to the , community. I ADVANTAQES IF APPROVED: Highland Area Hockey Association will authorized to construct and op�rate:their out- door rink thereby benefiting youth of t community. The rink will be available for public us� when not in use by the Assnc tion. �rcr.�."ti v tt7 �L'E/1/�n -. � SEP 28 1989 �'�b � ` DI8ADVANTII4ES IF APPROVED: " s NlAYOR'S OFFIC� �� � a '�` ;,,d„1�;.a None Council Research Center ��� ' � . . . r.,� _ _ --__ Poat-It"'fiouting Request Pad 7864 ,a.�o UTING - REQUEST DISADVANTAOES IF NOT APPROVEO: P�eeS@ c'_ _� Highland Area Hockey Assoc ❑ READ To � �� -` ''�� for their proposed ice rink. ❑ HANDLE ❑ APPFiOV �t�^t��` � ,j.��'yfj,���! and '�'� �� � �' ❑ FORWA D ` ❑ RETURM �� y 2 ❑ KEEP O DISCARD ti' TOTAL ANOUNT OF TRANSACTION : �A ❑ REVIE WITH ME ���i�,(,A'Y�. '��'��''�' � � FUNDING SOURCE NA oaie Fr m/�T�,�'1� f;1 D./�I� = � FlNANqAL INFORMATION:(EXPWN) �� G����/�„/r �fG� ��''" 7�'"" .,1.� -- �li� .r✓i ar• -- ������� . . �,�� � �,�] LEA SE A REEMENT � " l This Agreement, Made and en red into this day of , 1989, by and between the HIGHLAN AREA HOCKEY ASSOCIATION, a non- profit corporation, hereinafter eferred to as "Lessee", and the CITY OF SAINT PAUL, on behalf of its Board of Water Commissioners of the City of Saint Paul, a pol tical subdivision of the State of Minnesota, hereinafter referr d to as "BOARD" ; WITNESSETH: WHEREAS, The City of Saint aul is the fee owner of the following described parcel of la d: The northwest ; of th northwest � of Section 15, Township 28 North, Range 23 West, Ramsey County, Minnesota; and WHEREAS, The County ;of Ram ey has leased a portion of land owned by the City of Saint Paul located adjacent to the above described parcel of land, and h s constructed and is operating a public indoor ice arena on said leased land; and WHEREAS, Lessee has provi ed to the community a public service in operating a hockey rogram for youths of the community, and desires to cons ruct and operate an outdoor ice rink on the above described pa cel of land and which will be adjacent to the County's exist ng indoor ice arena; and WHEREAS, The above descri ed parcel of land, owned by the City, is held for the benefit f the Board of Water Commissioners for the provision of a public ater supply to the inhabitants of the City and some adjacent co unities; and WHEREAS, The Board has d termined that the use of this parcel of land for an outdoor ice rink will not interfere with its use of the remainder of p operty owned and occupied by the said Board, and has recommend d that the Lessee be permitted to operate and maintain an outdo r ice rink subject to the following terms and conditions; now, t refore Board and Lessee do hereby - agree as follows: 1. Lease; term. The ity of Saint Paul, on its behalf and on behalf of the Board of Wa er Commissioners of the City of 1 _ . 7 � (,,�..�-�� 9 Saint Paul, does hereby lease to Lessee that part of the northwest ; of the northwest ; o Section 15, Township 28 North, Range 23 West, Ramsey County, Mi nesota, as shown on the attached "Exhibit A" and as dimensioned f om the existing Ramsey County Ice Arena, for a term of ten yea s commencing the day and year first above written. 2. Use; reversion. Less may use the demised property onl for the purposes of constr cting, operating and maintaining an outdoor ice rink. Lessee ag ees that the outdoor ice rink will be made available to the g neral public without any charge when not in use by members of t e Lessee's Association. In the event Lessee shall iscontinue or abandon the use of the demised property for a peri d of 12 consecutive months, then the lease shall automatically t rminate and possession thereof shall revert to the City witho further action required of the City or its Board. (3) Basic Rent. Basic r nt shall constitute the providing of the public service of const ucting, operating and maintaining the outdoor ice rink for the j int benefit of the public at large as well as members of the Less e's association. (4) Additional Rent. The Lessee shall pay all Additional Rent. Additional Rent means a 1 amounts, other than Basic Rent provided for in paragraph 3 ari ve, which Lessee shall be obligated to pay under this p agraph or other provisions of this Lease. Additional Rent inclu es, but is not limited to, the following fees, costs and exp nses: (a) all utilities, including water, electric, gas, telepho e, sewage and garbage collection and disposal; (b) costs for t e repairs, improvements or alterations required to be ma e by the Lessee as set forth in this Lease; (c) all taxes on realty or personalty, general or special; and (d) all public r tes, dues, charges and assessments, general or special, of any ki d upon the Leased Premises; (5) Taxes. Lessee shall be responsible for and pay all taxes and assessments agains the Leased Premises, except that Lessee may at its own expens contest and challenge the imposition or amount of any uch tax or assessment in accordance with law; provided, however, that in the event this Lease is terminated by either party, oard may at its option require the Lessee to pay such contested taxes pending appeal, to place in escrow a sum sufficient to p y said taxes, or take other action which will remove said conte ted taxes as an encumbrance to title or as an exception to the tr nsferability of marketable title to the Leased Premises. (6) Right of Entrv. all times during the term of this lease, the Board shall have the right, by itself, its agents and employees, to enter into an upon the Leased Premises during 2 � ������ reasonable hours for the purpose of examining and inspecting the same. (7) Lessee�s Insurance. Les ee shall maintain during the term of this lease and upon the eased Premises certain insurance coverage which is described as f llows: (a) COMPREHENSIVE GENERAL IABILITY insurance including blanket cont actual liability coverage and personal iability coverage with a combined single lim' of not less than $600, 000 per occurren e and such insurance shall: (1) name the C'ty of Saint Paul and the Board of Water Co missioners of the City of Saint Paul, their lected and appointed officers, employees a d agents as additional insured; (2) be prima y with respect to Board'S insurance or elf-insurance program; (3) contain a standar cross liability endorsement; (4) not xclude explosion, collapse and undergrQ nd property damage; and (5) be written �on an 'Occurrence" Form policy basis. (b) The policies herein equired shall be endorsed to indicate that the insurer cannot cancel or change the insurance without first giving the Board 30 ays' prior written notice. The policie shall be endorsed to indicate that the co erage shall not be invalid due to any a t or omission on the part of the Board or the City. (c) The insurance shall e placed with responsible insuran companies authorized and licensed to do siness in the State of Minnesota and appro ed by Board, and copies of the policies sha l be delivered to Board on the date of Boar 'S execution of this agreement. If such policies are not delivered to the Bo rd as provided, the Board may at its option t rminate the Lease or place the insurance itself and bill the Lessee for the cost of coverage as Additional Rent. (d) If for any reason y of the insurance hereunder is void, he Lessee is responsible -- to the Board for t e total amount of the uninsured loss. 3 . �e�y-��19 (8) Cancellation or Termin tion. This lease shall be subject to cancellation and te 'nation by Board at any time during the term hereof by givin the Lessee notice in writing at ninety (90) days in advance of e date when such termination shall become effective. In the event of such termination any unearned rental paid by the Les ee shall be returned to Lessee without interest. (9) Notice. All notices erein provided to be given, or which may be given by either pa ty to the other, shall be deemed to have been fully given when s rved personally on Board or Lessee, or when made in writing and deposited in the United States Mail, certified and post ge prepaid and addressed to the Lessee. (10) Assignment and Sublet 'n . Lessee shall not assign or sublet this Lease without the itten consent of the Board, which consent must be obtained prior to the execution of any agreement to sublease the Leased Premise . (11) Maintenance and Re irs. Lessee shall, at its own cost and expense, be responsib e for all repairs, maintenance and upkeep of the Leased Premises, including but not limited to emergency repairs of any kind; routine maintenance and repair to keep the Leased Premises in g4 d repair, safe and in compliance with applicable fire, health, uilding and other life-safety codes; and all repairs and mai tenance needed to keep the Leased Premises in good condition, in luding all grounds, fences and roads within the Leased Premis s. The foregoing obligations shall bind the Lessee regardl s of the cause of the damage or condition necessitating the r air or maintenance. (12) Payments in Case of efault. Lessee shall pay Board all costs and expenses, inclu ing reasonable attorney's fees in any action brought by Board f r the breach or default of any of the covenants or agreements c ntained in this Lease, or to recover possession of said pr perty, whether such action progresses to judgment or not (13) Surrender of Premise . The Lessee, at the expiration of said term, or any sooner t rmination of this lease, shall quit peacefully and surrender poss ssion of said property and its appurtenances to Board in as ood order and condition as the property was delivered to th Lessee. (14) Indemnity. The Le see agrees to indemnify, defend, save and hold harmless the C'ty of Saint Paul, the Board, and any agents, officers and employe s thereof from all claims, demands, - actions or causes of action f whatsoever nature or character, arising out of or by reason f the Lease of the herein described premises by the Board to the Lessee, or the use or condition of the premises or as a result f the operations or activities 4 � �' �-���y taking place on the premises. I is fully understood and agreed that Lessee is aware of the cond'tions of the Leased Premises and leases the same "as is. " (15) Holdover. Any holdov after the expiration of the term of this Lease shall be all ed only after receiving the written consent of the Board. aid tenancy shall be deemed to be a tenancy only from month-to-mo th. All of the other terms and conditions of this Lease shall e applicable. (16) Pollution and Contami ants. Lessee agrees to comply with all ordinances, laws, rule and regulations enacted by any governmental body or agency rel. ting to the control, abatement or emission of air and water conta inants and/or the disposal of refuse, solid wastes or liquid astes. Lessee shall bear all cost and expense arising from compli nce with said ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold harmless Board from all liabili y, including without limitation, fines, forfeitures, and penalt' s arising in connection with the failure by Lessee to comply wi such ordinances, laws, rules or regulations. Board has the ri' t to perform cleanup and charge the Lessee as Additional Rent or such costs should the Lessee fail to comply. (17) Events of Default. y of the following events occurring during the term of t is Lease shall constitute an event of default by the Lessee: (a) the failure by Lesse to timely pay Basic Rent or Additional R nt as required by this Lease; (b) the failure by Lesse to observe and perform any covenant, cond ion or agreement on its part to be observed r performed as required by this Lease; or (c) the failure by Less e or its surety to discharge, satisfy r release any lien or lien statement file or recorded against the Leased Premises wit in sixty days after the . date of such filing or recording, whichever date is earlier. It is an express covenan and agreement of Board and Lessee that Board may, at its electi n, terminate this Lease in the event of the occurrence of an of the events described in this paragraph by giving not less han ten days' written notice to - Lessee; and when so terminat , Board may reenter the Leased Premises. It is further exp essly understood and agreed that Board shall be entitled upon such reentry, notwithstanding any other provision of this Leas , to exercise such rights and 5 . . ��-��79 remedies as are provided in Defa lt Remedies Section of this Lease. (18) Compliance with Laws. he property described herein may be used for only the purposes s ted herein. It is the sole and exclusive responsibility of the essee in the use of the property to comply with any and all laws, rules, regulations or ordinances imposed by any jurisdiction aff cting the use to which the property is proposed to be put. Inability or failure on the part of the Lessee to comply with an of said laws, rules, regulations or ordinances will not relieve he Lessee of the obligation to pay the rental provided herein. (19) Non-Discrimination. T e Lessee for its self, successors in interest and assigns, as a p rt of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that (1) no person, on the gr nd of race, sex, color creed, religion, age, disability, marital status, status ;with espect to public assistance or nation 1 origin or ancestry shall be excluded fr m participating in, be denied the benefits f or be otherwise subjected to discrim nation in the use of said facilities; (2) that in connection w'th the construction of any improvements on aid lands and the furnishing of servi s thereon, no discrimination shal be practiced in the selection of employ es and contractors, by contractors in the election and retention of first-tier subcontr ctors, and by first- tier subcontractors in t e selection and retention of second-tier subc ntractors; (3) that such discrimin tion shall not be practiced against t e public in their access in and use of the f cilities and services provided for as pub ic accommodations (such as eating, sleepin , rest and recreation) constructed or ope ted on the Leased Premises; and (4) that the Lessee sh 11 use the premises in compliance with al other requirements imposed pursuant t the Saint Paul � Legislative Code C apter 183. 6 . . ������7� (20) Liens. The Lessee shall not permit mechanic's liens or other liens to be filed or est blished or to remain against the Leased Premises for labor, m erials or services furnished in connection with any additions, m ifications, improvements, repairs, renewals or replacement made to the Leased Premises, or for any other reason, provided t at if the Lessee shall first notify the Board of its intentio to do so and shall deposit in escrow with the Board a sum of m ney or a bond or irrevocable letter of credit acceptable to t e Board equal to the amount of the claim of lien, Lessee may in good faith contest any such claims or mechanic's or other li ns filed or established and in such event may permit the items ontested to remain undischarged and unsatisfied during the peri of such contest. If, in the opinion of the Board, the nonpa ent of any such items subjects the Leased Premises to any loss or forfeiture, the Board may require the Lessee to use the e crow account to promptly pay all such unpaid items and if Lessee fails to pay from the escrow account, the Board may pay and harge the Lessee as Additional Rent. � (21) Eminent Domain. In the event the entire Leased Premises are taken by eminent d main, or such portion thereof is so taken that in Lessee's reas able judgement it is uneconomic thereafter to restore the Leas d Premises and proceed under the terms and provisions of this L ase, Lessee may terminate this Lease by giving to Board thirt days ' written notice of . termination, effective as of t e date on which the condemning authority acquires legal title or physical possession of the Leased Premises. Lessee hereb waives and releases any claim to or share in the Award of Compe sation for the taking, notwithstanding any other prov'sion of law, this Lease or any other agreement. Lessee may the extent otherwise permitted in the eminent domain proceeding, remove its own trade fixtures at its own expense. (22) Alterations. The Les ee will not make any alterations to the premises without the writ en consent of the Board, such consent not to be unreasonabl withheld. If the Lessee desires to make any such alterations, an accurate description shall first be submitted to and approved y the Board and such alterations shall be done by the Lessee a its own expense. All such work shall be performed under the oard'S supervision and any improvements made to the Lea ed Premises at the Lessee'S expense shall become the property of the Board at the end of the Lease period. Lessee agrees that 11 alterations will be done in a workmanlike manner and in co formance with applicable building codes, that the structural i tegrity and building systems of the building will not be impaire , and that no liens will attach to - the premises by reason there f. 7 , . � ��-y -/�7J (23) Amended. Anything her in contained to the contrary notwithstanding, this Lease may e terminated, and the provisions of this Lease may be, in writing amended by mutual consent of the parties herein. IN WITNESS WHEREOF, the par ies hereto have set their hands and seals the day and year in th' s Lease first above-written. CITY OF SAINT PAUL Mayor . City Clerk Director of Finance and Management Services ��- General Manager, Water Utility City y ( ` pp al) HIG D AREA HOCKEY ASSOCIATI N � �� Its . Its � 8 � � � ��-���y Board N TARY STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was ack wledged before me this day of , 19 , by George Latimer, Mayor of the Cit of Saint Paul, a municipal corporation of the State of Minn sota, on behalf of said City of Saint Paul. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was ac nowledged before me this day of , 19 , by A1 Olson, City Clerk of the City o Saint Paul, a municipal corporation of the State of Min esota, on behalf of said City of Saint Paul. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was cknowledged before me this day of , 19 , by Gene Schiller, Director of Finance and Management Services of the City of Saint Paul, a municipal co poration of the State of Minnesota, on behalf of said City of Sai t Paul. Notary Public 9 � �-�y-���9 Less e NOTARY STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The fo�going instrument was nowledged before me this �"� da of S .�.� , 19�, by �.' u/- o e � ,an its and its -- --- - -- , on behalf of Highland Area Hockey Association, a nonprofit corporation. �,�f C( . . Notary Public ik t� SHIRLEY A. Jt3NEc, ,��a dOTARY PUBLIC—M�NNESCiA °+� RAAnStY COUNTY My commission expires April 13,1490 1� BRUNING 40-5253 - ' • ///.��-��7� � - LE6END • - LAND LEASED TO RAh/�SEY CA, -- LAND l..EASED'TO"}}f�HLA1JD � ARtA !-�OGICEY ASSN. -¢- L I GHT P�L E -- . �.' . '� ;� �J�. ,t ` �S ;, . _ _ _ _ � __. � . �s OuTDooR tGE �� � RiN1c . . ___ ____ -- - p_ _ _ __ _ � � _ � � � 5.S' _ � � ��, � , . � 3 � _ .- � . '� � � , o . . , � HIGH AND I C E REWq (RAMSE COUN7Y � . I t � Ex H iaiT "A" DR. A.J C Tp• AJ G SCALE � '�_�� � cH. WATER UTI - CITY OF ST. PAUL, MINN. APPROVED LEASE !�O HiGHL�t�1D f�REA REVIStbNS NOCKEY ASSOGIATIOIJ SHEET NO. FILE NO. ' ' CITY OF . PAUL �j- OFFICE OF THE BOARD OF ATER COMMISSIONERS C��✓/�7/ RESOLUTION— ENERAL FORM No 397� PRESENTED BY .��nnr� DATF G�^�t�� *^��� `"�,T—�T`a;� COMMISSIONER R�..�. - WHEREAS, Nighland Area Hockey Asso i�tion has reques�ed permission to construct, opera�e and maintain an o tdoor hockey rink on City-owned land described as follows: The Nor�hwest one-quarter of ection 15, Township 28 North, Range 23 West, Racnsey oun�y, Minnesota and '�JHEREAS, The Board of Water C aiun ssioners �eneral Manager, Thomas D. Mogren, has reviewed the hockey rjn construction proposal and Mr. F�ogren reca�mends that the City en��r int a lease agreement with Highland Area Hockey Association on behalf of t e Board enabling such construction to proceed; and ; WNtREAS, The City ALtorney's staff has �repared the attached lease agree- ment auChorizing construction, op ration and maintenance of said hockey rink on City-owned land; now, there ore, be it RESOLVtD, Tha� the a�tached l.ease Agre�r�en� between Highland Area Hockey Association and the City of Saint Paul on behaif of its Qoard of Water Canrnissio�ers is hereby recanmende for approval ; and, be it � _ _ __�U�THr� RESOLYE�,__Ih�t�he�o�nc.�1__Qf the .C��f S��_ri Paul i��quested ate said State of Minnesots 1 County of Raa�sey ) ss. tity of Saint Paul ) I. Yerne E. Jacobsen, Secretary of the Board of 4a r Cammissiaeers of the City of Saint Paul. do hereby certify that I have coapared tAe a�ove copy of a resolution of the said 8oard as adopted by the Board ons2pt. 21,1989. with the orig nal thereof on file in uy office and that said cbpy is a true and correct copy of said original a the whole thereof. Witness the seal of the Board of Mater Camioisst ners oP the City of air�t Paul this _ 21 aay or September , a.o. i9 89 eyYetar � Water Commissioners Adopted by the Board of Water Commissioners Yeas Nays llia�ond .,�,i1��- ����r.�mbAr �7 19.f19. V:.ce Pre�id��nt i3�c'��-,i�_'� Presid�nt Goswitz i In favor�r—._ Opposed � SECY.