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88-680 WHITE - CITV CLERK � PINK - FINANCE G I TY O SA I NT PA LT L Council /J�^U / //' CANARV - DEPARTMENT X �( �/n]'� BLUE -MAVOR File NO. ��� «<<� Counc l Resolution 'j����� r . � Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, The Minnesota State F ir has facilities available on the Fairgrounds which they have agreed to donate th usage of for the purposes of training exercises for the Saint Paul Police Department's Canine Unit; and WHEREAS, The Minnesota State F ir desires that the City indemnify it during the usage of the premises by the Ca ine Team; now, therefore, be it RESOLVED, that the Council of he City of Saint Paul does hereby pledge indemnification of the Minnesota St te Fair from any and all claims of whatever kind and nature arising out of the anine Team training conducted under the auspices of the St. Paul Police Dep rtment during the months of April and May, 1988. COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond ;�,.��j C� �„Q, �� �_ In Fa or Goswitz / (� _ Rettman � 1 . , t7(��,�� scne�net �__ Again t BY —��A f—�.�� Sonnen Wilson MAY 1 01988 Form A oved y C' y t rn Adopted by Council: Date P Certified Pass b uncil Sec r BY gy, A►ppro by Mavor: nAA�V 1 ��1 _ Approved Mayor S �ss to Council � By _ ��st�s��a �,�;:��� ;� �988 � �/�'�� t � �I'°_ .> 01156.6 , Pol i ce DEPARTI�:NT - - - - - —— L.UC1 M1tC @ CONTACT N ' PHONE DATE . . ASSIGN NUMBER FOR ROUTING ORDER: (See everse side.) � � � 1 Department Director 3 Mapor (or Assistant) �,Z�) �� _ F ance and Management �Services Di� ctor 4 Cit.y Clerk B dget Director 5 � C ty Attorney _ TOTAL NUMBER OF SIGNATURE PAGES: � Clip all locations for signature.) W B C G ? (Purpose/Rationale) � The St. Paul Police Canine Team wishes o cor�duct canjne training exercises on the Minnesota State Fairgrounds and, there ore, requests the �aint Paul City Council to indemnify the Minnesota State Fair from all claims arising from these exercises. Counci! Research Center ' MAY 0 319� 0 T 8 N IT U G PERSONAI S D: ; The members of the Canine Team will gai practical ex�erience in canine training exercises. RECEIVE� F N NG DG C V C DITED: (Mayor's signature not required if unde $10�000.) ' APR 2'� �98a Total Amount of Trans�ction: N/A Activity Number�AYOR,S OFE�CE Funding Source: ATTACHMENTS: •(List and number all atta hments.) Q��C'� IZ G �� 1 . One Council Resolution 2. One copy of contract �PR w 6 j��$ ADI+IINISTRATI'ETE P80CEDURES Yes �No Rules, Regulations, P ocedures, or Budget Amendment required? _Yes _No If yes, ar� they or t metable at�ached? � DEPARTMENT REVIEW CITY ATTORNEY REVIEW X Yes �No Council resolution requ red? Resolution required? ✓Yes �No � _Yes X No Insurance required? Insurance suffictent? �_Yes _No Yes No Insurance attached? �� - 4/ 14/t5� � MINNES�TA ST TE ��^��� �� � CONTRACT FOR LEASE OF MINNE OTA STATE FAIR FACILITIES Leased To: City of Saint Paul Department of Police c/o Lt. Jerry P. Dolan 100 East Eleventh Street Saint Paul, MN 55101 By this contract, MINNESOTA TATE FAIR, hereinaf ter "Lessor" and City of St. Paul, Department of P lice, hereinafter "Lessee, " enter into a lease agreement, whereby essor leases to Lessee and Lessee hires from Lessor portions of t e Minnesota State Fairgrounds for the conduct of canine training e cercises during the months of April and May, 1988. This contract is made subj ct to the provisions set f orth in the "Standard Lease Conditions attached hereto, and Lessee agrees to comply with conditions set f rth therein. There will be no rental f e for this usage, but Lessee will be responsible f or costs ' ncurred by Lessor f or electrical service/current, set-up, c ean-up, loss, damage, fire, vandalism, thef t, destruction, etc. Lessee shall also be responsible f or all property loss and/or damage to Lessor' s property caused directly or indirectly by Lessee, its a ents, employees, guests, participants, and or/attendees. It is agreed that in the event any person on the grounds of the Minnesota State Fair f or th purpose of working at, participating in and/or attending the canine training excercises, during the months of April and May, 1988 , who suffers injury to his person or property anywhere on the Fairground as a result of the acts or ommisions of the Lessee, Lessee' s agents, participants and/or attendees and makes claim against the Minnesota State Fair f or such injury, that the City of Saint Paul, Department o Police shall hold harmless and indemnify the Minnesota State Fair f o liability incurred on any such c].aim. Please have the individual with the authority to sign this contract sign both copies of this 1 ase and return the original by April 22 , 1988 . Failure to execute a d return as specified shall result in the cancellation of this offer. SPECIAL CONTRACTOAL CONDITI NS The City of Saint Paul, Department of Police must provide the Minnesota State Fair wit a minimum of 24 hours notice bef ore conductinq excercises. Exc rcises may be disallowed if they conf lict with any operation of the M nnesota State Fair. MINNESOTA STATE FAIR The undersigned understands and, agrees to he terms of this contract including the ttached Standard Lease Conditions. " '-���- - � Y;-��,L��_Ei_'�_� . ------- �t : -- - --�` t$:__ - � C��------- ���` �:�-� Date _-Y,[��-�-�----- ate __�_ZS--��---------- � Minnesota State Fair ��`�����"� : Como Station, MN 55108 �,,y� �� '�;;':.;' 612-642-2200 '"° `� � „, __ . C�� �0 �� NINNESOTD STAT AGRIC(ILTIlIt11L SOCIBTY • STANDA#tD LEASB CONDITIONS � � 1. Lesaor warcants only t at it will make t�vailable the afore- •'• atated basic facilities pl s appurtenancea "as is.” Lessor does not guarantee to provide labor, materials, or aervice reguired for Lessee's preparation, uae or reatoration of premiaes in accordance with terms of th s lease, and any lack of availability to provide said labor, ma erials, or services ahall in no way affect, impair or excus Lessee's obligation to pay rent hereundec and to pecfocm all other covenante and agreements herein. 2. This lease and obligation of Lesaee to pay rent hereunder end perform ell other covenant and agreements hereunder on the part of tbe Leasee ahall in no way be affected� impaiced or excuaed beceuse Leseoc ie unable t fulfill any of ite obligation under this lease if Leeaor ie revented from doing so by reason of etcike, labor trouble, or ny outside cauee whatsoevec including, . � but not limited to, gov ern ental pre-emption in connection Mith a • national emergency or by r ason of any rule, ocder� or regulation of any department thereof f any government agency or by reasona of conditiona of aupply an demand which have been or ace .affec- ted by war or other emerge cy. 3. Lessee ehall use and ccupy the demised premisee for those pucpoaes apecified above a d for no othec purposes. J.essee shell refcain fcom using any fac litiea of tl�e Minneeote Stete Fair in eny manner inconsietent w tti their intended purposes and agrees that Lessor, through ita cepresentatives, shall exerciae final judgement in questionable instancea. All applicable provisions of the Minneaota Statutes, Chapter 37 and Minnesota State Fair Rulea and Regulations as m st recently enacted are hereby made an integcal part of this agreement. � 4. To evecy extent possi le, Leasor shal 1 provide parking area � for Lessee'e use without a ilitional rent. Lessee agrees that no parking charge will be as essed khe public for uee of same. All � poated parking and traffi rest�ictions on the Minneaota State Fairyrounds will be in ull force and effect at all timea. Violators will be towed with towing fees charged to Leasee. Abeolutely no overnight aleeping or camping will be allowed on . the Fairgrounds, except as may be otherwise specified in lease. 5. No person shall sell. barter, give away, or otherwiae diapose ' ' of or introduce, have or keep any epirituous malt or fermented � liquor, or intoxicating liquocs of any kind upon or within one- half mile of the Minnesot State Faicgrounds, or aid and abet in so doing. The pceaence and possesaion of eny kind of these liquora, in any quantity upon the person or upon the premiaes • leased or occupied by any person witbin these limits, ie declared e public nuisance and sha 1 be prlma fecie evidence of the pur- pose of such person to ba ter, give away, or aell the same. Any , pecson who shall violate any prov�sion 'of thie section ehall be guil ty of a misdemeanoc. � 6. No signs, posters, ba ners, billboards or similar items may be placed on the Fairg�ou ds, except those approved► placed and supervised by Lessor. nder no circumstances will eigns be allowed at fence line o said gcounds, or at gates of entry ' hereto. Lessee shall ne ther encumber nor obetruct streeta or aidewalks in front of ent ances or to halls and ataire of leaeed premises, nor allow same to be obetrucked or encumbered in any , manner. Leasee agreea th t said Lessor and Lessor's agents have the cight to enter into a d upon the leased premises► or any part , , thereoE, at all reasonble hours for ttie purpose of examining same . or makinq auch repairs as may be necessary for saf ety and preser- , vetion thereoF. 7. No doga or other peta, other than seeing-eye dogs, shall be permitted on the State F irqrounds. Ttiis prohibition does not , dpply to the State Fair ampgcounds, or animals on display in . competitive and comm�rcia exhibit�. . 8. In the event that i is necessary for Leasor to institute � legal proceedings against Lessee for a breach of any covenant or ' conditions of this lease any and all costa of such proceedings, , including attorney's fees ahall be deemed to be additional tent as hereby ceaerved, and Lessoc shall have the eame cights and remedies as though such dditional tent wece a part of rent due Lessor under this lease. , 9. Lessee shall not as ign, sublet, sell, devise by will, or hypothecate any interest t may derive from this agreement during the lifetime hereof, exce t with ttie expressed written conaent of Lessor. Failure by Less r to insist upon atrict performance of any of the tecros, conditi ns and covenants herein contained shall not be deemed a waiver o any rights or `remedies that the Lessor may have and shall not be deemed a waiver of any subsequent breach or default ie� te ms, conditiona, and covenanta herein contained. ' 10. The Lessoc retaina c mplete and exclusive rights to all food ' and beverage concesaion and catecing o� the Minnesota State. Feirgrounda in or around ny leased premisea. • 11. Interest on any outs anding lease balance will be charged at � a rate of one percent (1 ) per month for each month that payment is past due.