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99-217Council File # � eZ�� Green Sheet # __�� OR1GiNAL Presented By Referred to , Committee: Date 1 WHEREAS, the City has undertaken various projects related to 2 the renovation of Harriet Island Regional Park, and 3 WHEREAS, as part of the plans for redevelopment of Harriet 4 Island Regional Park, the University of Minnesota Centennial 5 Showboat will be located in the park along the banks of the 6 Mississippi River, and 7 WHEREAS, the Showboat facility will be used to host 8 scheduled University Theatre performances:, now, therefore, be it 9 RESOLVED, that proper City officials 10 directed and authorized to enter into the 11 agreement with the University o£ Minnesota 12 Showboat in Harriet Island Regional Park. 13 14 and staff are hereby attached lease for locating the Requested by: Divis,i n of Parks ! � `-�- �- l//� By:� i Adopted by Council: Date lp �� Adoption Certified by Council Secretary sy App By: RESOLUTION CITY INT PAUL, MIN � �� ESOTA Form Approved by City Attorney � \. �� By: t�/GecP�(/d ��y,�-v� - qg-a�� DEPAqTMENT/OFFICE/COUNCIL DATEINfTIATED GREEN SHEET IVO. 62764 Parks and Recreation 3/3/99 CONTACTPEqSONANDPHONE INRIAVDATE INRIAWATE Mike Hahm 266-6444 �' � 1 DEPARTMENT�IRECTOR 4 cmwuNCa ASSIGN ' - � NUMBEP FOR`, Z QN ATTORNEY _CT' CLERK MUST BE ON COUNQL AGENDA �DATEI ROUTING �" ( r ` , � (�� OfiDEP � BUD6ET DIflECTOR _FIN. & MGT. SE0.VICE5 DIR. 6 v�l '• ,� 3 MAYOR �OR ASSIST� �J Parks & Recreation - 300 CHA TOiAL i OF SIGNANRE PAGES � (CLIP All IOCAStON$ FOR SIGNA'RSRE} ACTION REQUESiED: Authorizing City Otficials and staff to enter into Lease Agreement with the University of Minnesota for locating the Showboat in Harriet Island Regional_Park. _ flECOMMENDATIONS: Approve !A) or Re�ect (R) PERSONAL SERVICE CONTBACTS MUST ANSWER THE FOLLOWING QIlESTtONS: _PLANNING COMMISSION _CIVIL SERVICE COMMISSION �, Has this persoNfirm ever worketl untler a wnttac[ for tM1is tlepartmen[� CIB COMMffTEE _ yE5 NO A STAFF 2. Has this person/firm ever been a ci[y employee> DISTRICT COUNCIL YES NO — — 3. Does ffiis OersoNfirm possess a skill not normaliy possessetl by any wrren[ ciry empioyee? SUPPORTSWHICHCOUNCILOBJECTIVEP VES NO Ezplain all yes answero on separata sM1eet and attach to gr¢en sheet. INITIATING PROBLEM, ISSUE, OPPOR7UNITV (Who. Whaq When, Where, Why). The City has undertaken an extensive renovation of Harriet Island Regional Park. As part of the renovation plans, the University of Minnesota has agreed to locate its Centennial Showboat in the park. ADVANTAGES IF APPflOVED: The University will proceed with its renovation of the Showboat. The public will have opportunity to attend scheduled University Theatre performances, beginning in the 2000 season. DISADVANTAGES IF APPROVE�: Nia C�s�� R�ss�rc� ��4°� � � �� OISADVANTAGES IF NOT APPROVED: The University will not proceed with its renovation of the Showboat until an agreement is finalized. TOTALAMOt1NTOFTRANSACTION $ $�. D�US 75% of selected revenues COSTBEVENUEBUDGEfED(CIRCLEONEI YES NO FUNDING SOURCE Special Seroices Pund ACTIVITY NUMBER 325-23123 FINANQAL MFORMATION: IEXPLAIN) University File: L-599 � q9- � LEASE AGREEMENT THIS LEASE AGREEMENT, made this day of , 1999, is by and between City of Saint Paul, a municipal corporation (hereinafter referred to as "Lessor" or "City") and Regents of the University of Minnesota, a Minnesota constitutional educational corporation (hereinafter referred to as "Lessee" or "University". I. Premises 1.1 The CITY, in consideration of the rents and covenants hereinafter mentioned, does hereby lease unto LTNIVERSITY, and iJNTVERSITY does hereby take from CITY the following described areas, situated in the County of Ramsey, and State of Minnesota, described as follows: 1.1.1 Dockin�. A location downstream from the Harriet Island Park Pavilion, Saint Paul, Minnesota at the 8391 River Mile for exclusive docking of the Minnesota Centennial Showboat (hereinafter "Showboat") the Docking Site (the dock and docking facilities). 1.1.2 Ticketing Facilit� A building for non-exclusive use by the UNIVERSITY as a ticketing facility (hereinafter "Ticketing Facility") far the Showboat. The IJNIVERSITY shall have use of the Ticketing Facility when needed as it is required for the Showboat performance season. 1.2 Parkine and Restrooms. The CITY will provide an maintain pazking and restrooms within Harriet Island Regional Pazk that serve the Showboat as well as other areas and attractions within the park. Nothing herein is intended to convey exclusive use by Lessee of any parking or restroom facilities. II. Permitted Use 2.1 The UNIVERSITY will use the Docking Site and the Ticketing Facility for the docking and mooring of the Minnesota Centennial Showboat and for the performing arts productions, courses, seminazs, meetings and related activities for the University of Minnesota. The LTNIVERSTTY may use or offer the use of the Showboat to other groups or individuals for other uses, provided that they are not prohibited by title restrictions on the record for the property, or otherwise prohibited by state, federat or local law, regulation or rule. The iINIVERSITY shall provide a schedule of such uses to the CITY on or before April 1 of each year and also upon request. Notwithstanding the foregoing, the CITY reserves the right to prohibit any use which it determines is inconsistent with or negatively impacts tha operation of Harriet Island Regional Park. The CITY's failure to prohibit an event or type of use shall not act as a waiver of its right to object to such use or event in the future. a9 2.2 Short term use for the purposes and by the groups or individuals detailed above shall not constitute a sublease under 5.1. III. Term 3.1 Term. The initial term of this Lease shall be for Fifteen Years and Five Months, commencing on the first day of May, 2000, or earlier if agreed to by both parties, and ending on and including the last day of September, 2015, unless earlier terminated as herein provided in Section 7 of this agreement. 3.2 Renewal Options. The UNIVERSITY and CITY may extend this Lease for successive options of five (5) year(s) each which will automatically renew unless the LTNIVERSITY and/or CITY notifies the other, in writing, of its intent to not renew the Lease at least twelve (12) months prior to the expiration of the then current term. All terms and conditions of the Lease Agreement applicable to the Initial Lease Term shall remain in effect during the renewal period(s), except to the exCent otherwise agreed to by the parties in writing. 3.3 Possession. CITY does covenant that the LTNIVERSITY, on paying the rent and performing the covenants herein mentioi7ed, shaii and may peaceably and quietly have, hold and enjoy the Docking Site and Ticketing Facility for the entire term hereof. 3.4 Surrender of Premises. The LTNIVERSITY will, at the termination of this Lease, remove the Showboat from the Docking Site and will quietly yield and surrender the Docking Site to the CITY in as good a condition as it was in when it took it, normal wear and tear and damage from the elements excepted. At this time the iINIVERSITY will also cease its use of the Ticketing Facility and remove any of its property from therein. 3.5 Holdover Tenancv. In the event LJNIVERSITY remains in possession of the Docking Site after the termination of this Lease and without execution of a new Lease, it shall be deemed to be occupying the Docking Site as a tenant from month-to-month only, upon the same terms and conditions contained herein, insofar as the same terms are applicable to a month-to-month tenancy. IV. Rent 4.1 Rent. IJNIVERSITY agrees to pay to CITY as rent for the Docking Site and use of the Ticketing Facility, during the entire term hereof, the sum of One Dollar ($1.00) per year for consideration. 4.2 The LJNIVERSITY agrees to pay the CITY an amount equal to fifteen (15%) percent of any gross revenues it derives from payments tendered by individuals or non-University groups as a facility charge for their use of the Showboat. The Facility charges do not apply to scheduled University Theatre performances. q9-�.\� 4.2.1 The UNIVERSITY retains the option to provide use of the Showboat at no charge to groups includin� but not limited to other LTNIVERSITY units, non-profit groups or corporations. V. Covenants & Agreements 5.1 Assienment. IJNIVERSITY agrees not to assign this Lease or any part thereof, without prior written consent of the CITY, which consent shall not be unreasonahly withheld. 5.2 Construction/Site/Improvements. CITY shall make, at its cost, the modifications and/ot improvements adjacent to Docking Site, shown on Exhibits A-1, A-2, A-3, A-4 (hereinafter referred to collectively as Exhibit A), attached hereto and hereby declared a part of this Lease, prior to commencement of the term hereof. LTNIVERSITY will be advised of and will have the right to review and approve any changes that substantially affect its use of the Ticketing Facility and Docking Site as shown on Exhibit A prior to the implementation of any changes. CITY agrees to provide and maintain Docking Site and Ticketing Facilities shown in Exhibit A with accessibility and facilities in compliance with all applicable laws, rules, ordinances and regulations as issued by any federal, state or local political subdivisions having jurisdiction and authority in connection with said property. The CITY through the Division of Parks and Recreation, agrees to provide and maintain during the entire term of this Lease Agreement, at CITY's cost, the following: 5.2.1 Docking - The dock will run along the side of the boat, with access at two locations as shown on Ezchibit A. 5.2.2 The dock construction (which will be defined further in Exhibit A) will allow for the Showboat to be moored using the stnicture and reiated pilings. Provisions on the Showboat for connection devices that allow it to be secured to the dock will be the responsibility of the iJNIVERSITY, as will be any protective devices that protect the boat from damage from the dock and any floating debris. 5.23 Drive-up access will be available to the shore side of the Docking Site and to the Ticketing Facility at mutually agreed upon locations. Such access will be for the use of the LJNIVERSITY only for the purpose of making equipment deliveries for which it is essential to have a nearer delivery point than the adjacent parking lot. Drive-up access will not be allowed for routine deliveries. This provision shall not be construed to require the CITY to provide the same access for patrons, guests or invitees of the LTNIVERSITY or groups using the Showboat with permission of the iJNIVERSITY. 9q�z\'1 5.2.4 Use of a ticketing facility as needed during the defined iJNIVERSITY performance season which will include telecommunication lines for a phone and computer. 5.2.5 Restrooms which aze handicap accessible designated for the audiences, performers, etc. and available for all uses. The CITY a�rees to provide three (3) female toilets, one of which must meet ADA standards and two (2) male toilets (one can be a urinal) and one stall must meet ADA standards. 5.2.6 Handicapped parking as required by code will be provided as part of available parking within Harriet Island regional Park. Parking will serve the Showboat as well as other areas and attractions within the park. 5.2.7 Lighting for the ticket booth, entrance to the dock and all parking areas will be lit to provide a safe environment and will meet normal standards for this type of facility use. 5.2.8 Access to all utilities (electricity, sewage, water, phone, etc.) will be provided at or in the immediate vicinity of the Ticketing Facility and Docking Site as documented in Exhibit B. IJNIVERSITY will be responsible for providing the appropriate metering and distribution installations, including making provisions to extend all utility services from agreed upon locations to the Showboat, and will provide hook-ups and meter installations each spring and cancel the service in the off-season as needed. The iJNIVERSITY shall be responsible to maintain its own utility equipment, that being the equipment that they provide and install, including performing necessary disconnects in the event they must be accomplished due to floods and other similar circumstances. 53 Utilities. The UNIVERSITY will pay fox the installarion of all utiiity meters at the Dock Site which are for its use and shall pay all utility bills for the Showboat. 5.4 Rieht of Entrv. CITY shall have the right to enter the Showboat, during-business hours upon 24 hours prior notice, provided such entry does not unduly interfere with iJNIVERSITY's use of the Showboat and Support Facilities. This provision shall not apply in the event of an emergency or natural disaster which requires immediate action by the City. 5.5 Care of Premises. During the term of this Lease Agreement, IJNIVERSITY shall comply with all applicabie laws pertaining to its use of the Docking Site and Ticketing Facility. The UNIVERSITY shall keep the Showboat in good clean and operable condition during the annual performance seasons of the entire term hereof. 4 °I9-a�'1 5.6 Performance Schedule Notification. The L3NIVERSITY shall notify the CITY by March 15`" of each year of their schedule of events for the upcoming season. 5.7 Schedule Communication. The CITY shall notify the LTNIVERSITY by March I�` of each year of any special events planned for Harriet Island that may cause a disruption in the activities planned for the Showboat. SJ1 Late Scheduled Events. The INNERSITY recognizes that the CTTY maintains the option to schedule special events after the initial March 1 annual notification date. To minimize the potential impacts of the special event as it is related to the Showboat performance, the CITY will provide prompt notification to and consultation with the LTNIVERSITY in the event of any planned additions to the special event schedu(e. In accomplishing this, the CITY will work with the LJNIVERSITY to coordinate affected schedules and make a concentrated effort to accommodate the iJNIVERSITY's needs related to the Showboat performance as scheduled on the day of any special event. The City retains the right to schedule such special events over the objection of the University if the parties are unable to cooperatively agree on such scheduling. 5.8 Maintenance Communication. The iJNIVERSITY shall notify and schedule with the CITY any maintenance work that needs to be done on the Showboat that may interfere with other Pazk activities at Harriet Island Park. Majar maintenance projects shall be executed off the Harriet Island site. 5.9 Liabilitv. The LTNIVERSITY hereby agrees to defend, indemnify and hold the CITY and any of its officers, agents and employees harmless from any claims, damages, or causes of action arisin� from the use and operations of the Showboat by LTNIVERSITY, its agents, officers, or employees. The LTNIVERSITY shall provide at its own cost and expense, liability insurance naming the CITY as an additional insured thereon. Insurance shall cover injury to persons or property in an amount not less than the limits of the CITY's liability as set forth in Minn. Stat. 466.01 et seq (currently $300,000 individual, $750,000 aggregate, with the aggregate limit increasing to $1,000,000 on January 1, 2000). UNIVERSITY shall provide evidence of such coverage to the CITY annually. Nothing in this provision shall be construed in any manner as a waiver by the CITY of its statutory limits of liability, immuniries or exceptions. iJNIVERSITY shall be obligated to maintain such coverage in full force and effect at all times that this Lease Agreement is in effect, and failure to do so shall be a breach thereof. 5.10 Disaster. That in cases of emergency or disaster such as flood or other natural acts, LJNIVERSITY will vacate the premises if directed to do so by the CITY's Superintendent of Parks and Recreation, Fire Chief, Police Chief or other CITY official delegated such power due to the emergency. The cost of this relocation shall be born by LJNIVERSITY. Further, LTNIVERSITY will make no claim against the CITY for lost business or added expenses due to this temporazy relocation unless the CITY was responsible in whole or in part for the need to relocate. > a q-z�� 5.11 Future Construction. The CITY and LNNERSITY acknowledge that construction projects in the Mississippi River areas may be ongoing during the term of the Lease A�reement and a�ree to cooperate with each other if the construction causes the enterprise to be moved to a different location temporarily. Such new location shall be as accessible as the original location, as is reasonably possible and shall be made at the CITY's cost. The CITY retains the right to determine any such new location if the parties are unable to agree. 5.12 Alterations. The i1NIVERSITY shall make no chan�e, alteration, modification, improvement or addition to the Dock Site and/or, Ticketing Facility including installing si�ns, without the prior written consent of the CITY, which shall not be unreasonably withheld. The UNIVERSITY shall keep the Docking Site and Support Facilities free of any and all mechanics', materialmen's, and other liens arising out of any work, labor done, services performed, or materials furnished for the UNIVERSITY or claimed to have been so furnished during the term of this Lease Agreement. The CITY agrees to indemnify the LTNIVERSITY against mechanics' or constitutional liens filed against the Docking Site and Support Facilities as a result of the improvements to said premises ordered by the CITY prior to commencement of this Lease Agreement. 5.13 Si�na�e. CITY shall provide signage, directing and identifying for the audiences to the Showboat. The parties will mutually agree in writing to the locations and type of signage The CITY shall have the right to approve the content and appearance of any signage located in public areas of the Showboat including signage on the boat's exterior that is visible from the park. 5.14 Relationshin. Nothing contained in this Lease Agreement shall be deemed or construed by the parties hereto or by a third party to create the relationship of principal and agent or of a partnership or of a joint venture between CITY and iJNIVERSITY. 5.15 Amendments. There are no understandings or agreements not incorporated into this Lease Agreement. All amendments to this Lease Agreement shall be only upon mutual agreement of the parties hereto, evidenced in writing and signed by the parties, and incorporated into this Lease Agreement by reference. 5.16 Parties Bound. This Lease Agreement shall inure to and bind the successors and assigns of the parties hereto. 5.17 Inability to Pro�am. If the LTNIVERSITY is unable to sustain the Showboat programming, the iJNIVERSITX will provide the CITY with a written six-month notice on or before February 28` of each year. The iJNIVERSITY will cooperate with the CITY to make the Showboat available for alternative programming for the season. q� 5.18 Accident Reports. The CITY shall provide the INIVERSITY with the CITY's accident report forms. These forms shall be completed by UNIVERSITY representatives in instances where accidents at the ShowboaYs Ticketing Facility or pocking Site aze reported to or witnessed by iJNIVERSITY representatives. The LTNIVERSITY shall deliver completed reports to the CITY within five busaness days. 5.19 Condition of Dockin� Facilitv. The UNIVERSITY shall notify the CITY immediately of any conditions that cause the docks to be unsafe. �.20 Ins�ection of Records. The CITY has a right to inspect all books and records pertaining to the operation of the Showboat by the LJNIVERSITY. The CITY shall be granted inspection of said books and records by providing the UNIVERSITY with written notice, whereby the iJNIVERSITY shall have fifteen (15) calendar/working days to provide such information to the CITY. 5.21 Vendor Aereements. If at some future date during the term of this agreement, the CITY enters into a contract with a vendor in exchange for product exclusivity within the CITY's jurisdictions, the LJNIVERSITY will honor and cooperate with the provision for product exclusivity granted to any such vendor. 5.22 Trash Removal. The iJNIVERSITY is responsible for the removal of any trash generated by the Showboat. Trash collection dumpsters will be located and serviced as approved by the CITY. The tJNIVERSITY will provide adequate trash receptacles on and immediately outside of the Showboat to accommodate debris generated by its patrons and staff. 5.23 Compliance with Laws. The UNIVERSITY shall comply with all federal, state and locai laws and regulations in the operation, maintenance and repair of the Showboat. Any penalties assessed by any federal, state or local entity which result from the iJNIVERSITY's actions or omissions in violation of said laws and/or regulations or its failure to correct any deficiencies upon order of such entity shall be solely the responsibility of the LJNIVERSITY. VI. Captions and Headings 6.1 �tions and Headina. The captions and headings used herein are intended only for the convenience of the reference and are not to be used in construing this Lease. � VII. Default/Cancellation 7.1 Notification of Default. In the event of a default of any term or condition contained herein, the defaulting parry shall be entitled to a Thirty (30) day written notice specifying the nature of the default. In the event the default is not corrected within said Thirty (30) day period, or a cure commenced for the default requiring more than Thiriy (30) days to cure with the defaulting party dili�ently pursuing correction, the non-defaulting party may elect to (1) terminate this Lease A�reement immediately and the obligations of that party as specified herein shall thereupon cease or (2) where the default can be cured by the expenditure of money may, but without obligation, and without limiting any other remedies which it may have by reason of such default, cure the default, chazge the cost thereof to the defaulting party and the defaulting parry shall pay the same forthwith upon demand. 7.2 Individual Breach. All remedies hereinbefore and hereafter conferred on CITY or LTNIVERSITY shall be deemed cumulative and no one exclusive of the other, or of any other remedy conferred by law or in equity. The failure of either parCy to insist in any one or more cases upon the strict performance of any of the covenants of this Lease or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of such covenant or option. Receipt by CITY of rent due hereunder with knowledge of the breach of any covenant hereof shall not be deemed a waiver of such breach. No waiver by CITY or LJNIVERSITY of any of the provisions of this Lease Agreement shall be deemed to have been made unless expressed in writing and signed by the pazty expressing such waiver. 7.3 Damaee to Site. In the event the Docking Site and/or Ticketing Facility aze substantially damaged or destroyed by the elements so as to render them unuseable, either the CITY or the tTNIVERSITY may terminate this Lease Agreement upon written notice to the other party hereto given within Thirty (30) days of such damage or destruction. Both parties agree that prior to giving written notice of termination they will explore whether repair is eeonomically feasible and whether temporary relocation of the Showboat is possible. Nothing herein shall require the CITY to repair or replace to Docking Site and/or Ticketing Facility or to offer an alternative site to the t7NIVERSITY. In the event the CITY elects to repair the damage, it shall do so in a reasonable period of time, but the CITY will not be responsible for any damages for lost profits or income to the L7NIVERSITY resulting from its inability to use the premises during the period of repairs, nor is the CITY responsible for providing alternate premises during the period of repairs. qq -a��t 7.4 Eminent Domain. If the entire Dockin� Site and the Ticketing Facility are taken by eminent domain, this Lease Agreement shall automatically terminate as of the date of taking. If a material portion of the Docking Site or Ticketing Facility are taken by eminent domain rendering the Docking Site or Ticketing Facility unsuitable for iJNIVERSITY's intended business purposes, either party shall have the right to terminate this Lease Agreement as of date of taking by giving written notice thereof each to the other within Ninety (90) days after such date of taking. If neither elects to terminate this Lease Agreement, CITY sha11, at its expense, restore the Docking Site and Ticketing Facility exclusive of any fumishing and fixtures owned by UNIVERSITY, to as near the condition which existed immediately prior to the date of taking as reasonably possible, and to the extent that the Docking Site and Ticketing Facility are rendered untenantable, the rent shall proportionately abate. All damages awarded for the taking of the real property (exctuding the value of the tenant improvements) under the power of the eminent domain shall belong to and be tlie exclusive property of CITY, whether such damages be awarded as compensation for diminution in value of the leasehold estate hereby created, or to the fee of the Docking Site and Ticketing Facility provided, however, that CITY shall not be entitled to any separate awazd made to UNIVERSITY for the value and cost of removal of its personal property and fixtures and moving expenses. � o��-a�'1 RI VI7T. Noticas Offiaal notices rcquir,•d ua3ei auy G:ovision of t'r,is l shnll bc in writrnE zu3 di;zcte3 as follows• CITY: CITY of Saint Pnul Supenntuzdcul of Park and Rccr,a?ion ?S W. 4(10 �airt! Pxt:l, n�II•7 55102 UNIVtitSITY; Rc�enesofthel,i�'IVi:ittitTYufiviinnesocs c/o 1ZeaI Fun�e O$ce 6iC DOnhowe 1{uildl� 51') - 1 � �+ Aveuve SE Minneape.ia, MN 5 5455.0199 t N LVITNESS l�'E�6R; OF, thc Cl t'Y au�i LijYltrg{ZSITY have executcd this I.r.r« Acraement on Crie day ami ycar first above written. UI`7CVERSI7 Y: Ginger UeTtasicr Lea a;; Iv ec \�� ` T� n Fosc:i�wne. Dean Collego efl.ibtral Aits Robert H. J�ruininks lx«vci�-r Vice P:a;ident nnd Provost REGEt�iTS OF THb 1)NI VP.RSTTY (lf' hfT1vNESOTA. Wi [VEkSITY k3� Its G'�'`K'�NOFEHrt:ll3iw�reoM V afM.m�nl � CI'fY �F CAIN'C PpUL, CITY: Mayor Ciry Clcrk Ditac`.pt of P�inanr.;al Ccivic�s St�perin:endent of Yorks anci Rcueati�u Apnroved a; co fcrm: Cit}' Ar,o c � ZO'd £O�ST 66. 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The CITY shall make electric service available outside of the building at the location indicated (#1) . The City shall also provide and install the necessary conduits as required for extendin� service from the location indicated (#1) to the top buttress. The UNIVERSITY shall provide for the installations necessary to extend service from the location indicated (#1) to the Showboat, including provision of the metering equipment, making required connections and providing wiring to the buttress and all required installations from the buttress onto the boat. 2_ The CITY sha11 make standard telephone line service available in the building at the location indicated (#2). The City shall also provide and install the necessary conduits as required for extending service from the location indicated (#2) to the top buttress. The LTNIVERSITY shall provide for the installations necessary to extend service from the location indicated (#2) to the Sho�vboat, including making required connections and providing all wiring to the buttress and all required installations from the buttress onto the boat. 3. The CITY shall make water service available in the building at the location indicated (#3) as needed for the fire protection and domestic water service. The LTNIVERSITY shall provide all piping, valving, metering, and other equipment in the building required for their services. The IJNIVERSITY shall provide and install all fire protection piping out of the building and onto the boat. The LTNIVERSITY shall schedule this installation as directed by CITY as to coordinate with site and building construction. The CITY shall provide 1'/_" domestic water piping out of the building and to the top buttress in a deep-bury service. The iJNIVERSITY shall make provisions for extending domestic water service from the buttress to the Showboat. 4. The CITY shall provide an access to sanitary sewer service at the top of the bank in the vicinity of the top buttress at the location indicated (#4). This service is being made available as per Showboat drawings indicating a 3" discharge pipe connecting to a 4" sanitary service stub. 5. The planned corridor for utilities is around the Cottonwood grove near the building as indicated (#5). 6. The tJNIVERSITY shall utilize space under the upper ramp for extending all utility services from the buttress/top of bank locations as indicated to the Showboat. IINIVERSITY shall provide a disconnect for all utilities at the top and bottom of the ramp for possible removal (during floods) of the ramp. / � �i; .��i ;I�� l ` I � i ! ` - ��!;��,��;I _ ,. , �i�� ;�;� 'i � '�I�{�{{.�� i��.�. ; � I 1�� ( l� �j� j�� `Ij�l. � zi � Ii�i Q �� 1 �' ', l ��1 �'�1 �.' 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N ��,�� ,�,I�, �, � ,, „ � I1 `d�1��,, ,� ; � i � i ,'; �„`'�,'` � � � ��`1 "`' '.�''''' � � ,' 1, �` ,'.1 , � `� � i 1 � ��,A1��.' �'�\V' � � � �, �•.�,�,, 1 ; •, ,:�. `1 \ . , ' � ' �,� � , \ �,� `; �', � �. s�:. .'� �, < 1 i � U H — O o �n .� � � ,.. .� 1.�� C � � �a \ � �' "►ri 'LS �0�� . C� � ' � � � � � l i � � � � C /� O ^ / '� � � � � � \� � F � �: , NSz= - zgoa'- Q U � as .: � � � A � Zm Z� � � �_ � a'; u �J � oQ � �zi; � z °°" a ° �; wWmc,=j ��`: W es ZWXQ xa 7� Ca W � I�Y�� °I9-�� Council File # � eZ�� Green Sheet # __�� OR1GiNAL Presented By Referred to , Committee: Date 1 WHEREAS, the City has undertaken various projects related to 2 the renovation of Harriet Island Regional Park, and 3 WHEREAS, as part of the plans for redevelopment of Harriet 4 Island Regional Park, the University of Minnesota Centennial 5 Showboat will be located in the park along the banks of the 6 Mississippi River, and 7 WHEREAS, the Showboat facility will be used to host 8 scheduled University Theatre performances:, now, therefore, be it 9 RESOLVED, that proper City officials 10 directed and authorized to enter into the 11 agreement with the University o£ Minnesota 12 Showboat in Harriet Island Regional Park. 13 14 and staff are hereby attached lease for locating the Requested by: Divis,i n of Parks ! � `-�- �- l//� By:� i Adopted by Council: Date lp �� Adoption Certified by Council Secretary sy App By: RESOLUTION CITY INT PAUL, MIN � �� ESOTA Form Approved by City Attorney � \. �� By: t�/GecP�(/d ��y,�-v� - qg-a�� DEPAqTMENT/OFFICE/COUNCIL DATEINfTIATED GREEN SHEET IVO. 62764 Parks and Recreation 3/3/99 CONTACTPEqSONANDPHONE INRIAVDATE INRIAWATE Mike Hahm 266-6444 �' � 1 DEPARTMENT�IRECTOR 4 cmwuNCa ASSIGN ' - � NUMBEP FOR`, Z QN ATTORNEY _CT' CLERK MUST BE ON COUNQL AGENDA �DATEI ROUTING �" ( r ` , � (�� OfiDEP � BUD6ET DIflECTOR _FIN. & MGT. SE0.VICE5 DIR. 6 v�l '• ,� 3 MAYOR �OR ASSIST� �J Parks & Recreation - 300 CHA TOiAL i OF SIGNANRE PAGES � (CLIP All IOCAStON$ FOR SIGNA'RSRE} ACTION REQUESiED: Authorizing City Otficials and staff to enter into Lease Agreement with the University of Minnesota for locating the Showboat in Harriet Island Regional_Park. _ flECOMMENDATIONS: Approve !A) or Re�ect (R) PERSONAL SERVICE CONTBACTS MUST ANSWER THE FOLLOWING QIlESTtONS: _PLANNING COMMISSION _CIVIL SERVICE COMMISSION �, Has this persoNfirm ever worketl untler a wnttac[ for tM1is tlepartmen[� CIB COMMffTEE _ yE5 NO A STAFF 2. Has this person/firm ever been a ci[y employee> DISTRICT COUNCIL YES NO — — 3. Does ffiis OersoNfirm possess a skill not normaliy possessetl by any wrren[ ciry empioyee? SUPPORTSWHICHCOUNCILOBJECTIVEP VES NO Ezplain all yes answero on separata sM1eet and attach to gr¢en sheet. INITIATING PROBLEM, ISSUE, OPPOR7UNITV (Who. Whaq When, Where, Why). The City has undertaken an extensive renovation of Harriet Island Regional Park. As part of the renovation plans, the University of Minnesota has agreed to locate its Centennial Showboat in the park. ADVANTAGES IF APPflOVED: The University will proceed with its renovation of the Showboat. The public will have opportunity to attend scheduled University Theatre performances, beginning in the 2000 season. DISADVANTAGES IF APPROVE�: Nia C�s�� R�ss�rc� ��4°� � � �� OISADVANTAGES IF NOT APPROVED: The University will not proceed with its renovation of the Showboat until an agreement is finalized. TOTALAMOt1NTOFTRANSACTION $ $�. D�US 75% of selected revenues COSTBEVENUEBUDGEfED(CIRCLEONEI YES NO FUNDING SOURCE Special Seroices Pund ACTIVITY NUMBER 325-23123 FINANQAL MFORMATION: IEXPLAIN) University File: L-599 � q9- � LEASE AGREEMENT THIS LEASE AGREEMENT, made this day of , 1999, is by and between City of Saint Paul, a municipal corporation (hereinafter referred to as "Lessor" or "City") and Regents of the University of Minnesota, a Minnesota constitutional educational corporation (hereinafter referred to as "Lessee" or "University". I. Premises 1.1 The CITY, in consideration of the rents and covenants hereinafter mentioned, does hereby lease unto LTNIVERSITY, and iJNTVERSITY does hereby take from CITY the following described areas, situated in the County of Ramsey, and State of Minnesota, described as follows: 1.1.1 Dockin�. A location downstream from the Harriet Island Park Pavilion, Saint Paul, Minnesota at the 8391 River Mile for exclusive docking of the Minnesota Centennial Showboat (hereinafter "Showboat") the Docking Site (the dock and docking facilities). 1.1.2 Ticketing Facilit� A building for non-exclusive use by the UNIVERSITY as a ticketing facility (hereinafter "Ticketing Facility") far the Showboat. The IJNIVERSITY shall have use of the Ticketing Facility when needed as it is required for the Showboat performance season. 1.2 Parkine and Restrooms. The CITY will provide an maintain pazking and restrooms within Harriet Island Regional Pazk that serve the Showboat as well as other areas and attractions within the park. Nothing herein is intended to convey exclusive use by Lessee of any parking or restroom facilities. II. Permitted Use 2.1 The UNIVERSITY will use the Docking Site and the Ticketing Facility for the docking and mooring of the Minnesota Centennial Showboat and for the performing arts productions, courses, seminazs, meetings and related activities for the University of Minnesota. The LTNIVERSTTY may use or offer the use of the Showboat to other groups or individuals for other uses, provided that they are not prohibited by title restrictions on the record for the property, or otherwise prohibited by state, federat or local law, regulation or rule. The iINIVERSITY shall provide a schedule of such uses to the CITY on or before April 1 of each year and also upon request. Notwithstanding the foregoing, the CITY reserves the right to prohibit any use which it determines is inconsistent with or negatively impacts tha operation of Harriet Island Regional Park. The CITY's failure to prohibit an event or type of use shall not act as a waiver of its right to object to such use or event in the future. a9 2.2 Short term use for the purposes and by the groups or individuals detailed above shall not constitute a sublease under 5.1. III. Term 3.1 Term. The initial term of this Lease shall be for Fifteen Years and Five Months, commencing on the first day of May, 2000, or earlier if agreed to by both parties, and ending on and including the last day of September, 2015, unless earlier terminated as herein provided in Section 7 of this agreement. 3.2 Renewal Options. The UNIVERSITY and CITY may extend this Lease for successive options of five (5) year(s) each which will automatically renew unless the LTNIVERSITY and/or CITY notifies the other, in writing, of its intent to not renew the Lease at least twelve (12) months prior to the expiration of the then current term. All terms and conditions of the Lease Agreement applicable to the Initial Lease Term shall remain in effect during the renewal period(s), except to the exCent otherwise agreed to by the parties in writing. 3.3 Possession. CITY does covenant that the LTNIVERSITY, on paying the rent and performing the covenants herein mentioi7ed, shaii and may peaceably and quietly have, hold and enjoy the Docking Site and Ticketing Facility for the entire term hereof. 3.4 Surrender of Premises. The LTNIVERSITY will, at the termination of this Lease, remove the Showboat from the Docking Site and will quietly yield and surrender the Docking Site to the CITY in as good a condition as it was in when it took it, normal wear and tear and damage from the elements excepted. At this time the iINIVERSITY will also cease its use of the Ticketing Facility and remove any of its property from therein. 3.5 Holdover Tenancv. In the event LJNIVERSITY remains in possession of the Docking Site after the termination of this Lease and without execution of a new Lease, it shall be deemed to be occupying the Docking Site as a tenant from month-to-month only, upon the same terms and conditions contained herein, insofar as the same terms are applicable to a month-to-month tenancy. IV. Rent 4.1 Rent. IJNIVERSITY agrees to pay to CITY as rent for the Docking Site and use of the Ticketing Facility, during the entire term hereof, the sum of One Dollar ($1.00) per year for consideration. 4.2 The LJNIVERSITY agrees to pay the CITY an amount equal to fifteen (15%) percent of any gross revenues it derives from payments tendered by individuals or non-University groups as a facility charge for their use of the Showboat. The Facility charges do not apply to scheduled University Theatre performances. q9-�.\� 4.2.1 The UNIVERSITY retains the option to provide use of the Showboat at no charge to groups includin� but not limited to other LTNIVERSITY units, non-profit groups or corporations. V. Covenants & Agreements 5.1 Assienment. IJNIVERSITY agrees not to assign this Lease or any part thereof, without prior written consent of the CITY, which consent shall not be unreasonahly withheld. 5.2 Construction/Site/Improvements. CITY shall make, at its cost, the modifications and/ot improvements adjacent to Docking Site, shown on Exhibits A-1, A-2, A-3, A-4 (hereinafter referred to collectively as Exhibit A), attached hereto and hereby declared a part of this Lease, prior to commencement of the term hereof. LTNIVERSITY will be advised of and will have the right to review and approve any changes that substantially affect its use of the Ticketing Facility and Docking Site as shown on Exhibit A prior to the implementation of any changes. CITY agrees to provide and maintain Docking Site and Ticketing Facilities shown in Exhibit A with accessibility and facilities in compliance with all applicable laws, rules, ordinances and regulations as issued by any federal, state or local political subdivisions having jurisdiction and authority in connection with said property. The CITY through the Division of Parks and Recreation, agrees to provide and maintain during the entire term of this Lease Agreement, at CITY's cost, the following: 5.2.1 Docking - The dock will run along the side of the boat, with access at two locations as shown on Ezchibit A. 5.2.2 The dock construction (which will be defined further in Exhibit A) will allow for the Showboat to be moored using the stnicture and reiated pilings. Provisions on the Showboat for connection devices that allow it to be secured to the dock will be the responsibility of the iJNIVERSITY, as will be any protective devices that protect the boat from damage from the dock and any floating debris. 5.23 Drive-up access will be available to the shore side of the Docking Site and to the Ticketing Facility at mutually agreed upon locations. Such access will be for the use of the LJNIVERSITY only for the purpose of making equipment deliveries for which it is essential to have a nearer delivery point than the adjacent parking lot. Drive-up access will not be allowed for routine deliveries. This provision shall not be construed to require the CITY to provide the same access for patrons, guests or invitees of the LTNIVERSITY or groups using the Showboat with permission of the iJNIVERSITY. 9q�z\'1 5.2.4 Use of a ticketing facility as needed during the defined iJNIVERSITY performance season which will include telecommunication lines for a phone and computer. 5.2.5 Restrooms which aze handicap accessible designated for the audiences, performers, etc. and available for all uses. The CITY a�rees to provide three (3) female toilets, one of which must meet ADA standards and two (2) male toilets (one can be a urinal) and one stall must meet ADA standards. 5.2.6 Handicapped parking as required by code will be provided as part of available parking within Harriet Island regional Park. Parking will serve the Showboat as well as other areas and attractions within the park. 5.2.7 Lighting for the ticket booth, entrance to the dock and all parking areas will be lit to provide a safe environment and will meet normal standards for this type of facility use. 5.2.8 Access to all utilities (electricity, sewage, water, phone, etc.) will be provided at or in the immediate vicinity of the Ticketing Facility and Docking Site as documented in Exhibit B. IJNIVERSITY will be responsible for providing the appropriate metering and distribution installations, including making provisions to extend all utility services from agreed upon locations to the Showboat, and will provide hook-ups and meter installations each spring and cancel the service in the off-season as needed. The iJNIVERSITY shall be responsible to maintain its own utility equipment, that being the equipment that they provide and install, including performing necessary disconnects in the event they must be accomplished due to floods and other similar circumstances. 53 Utilities. The UNIVERSITY will pay fox the installarion of all utiiity meters at the Dock Site which are for its use and shall pay all utility bills for the Showboat. 5.4 Rieht of Entrv. CITY shall have the right to enter the Showboat, during-business hours upon 24 hours prior notice, provided such entry does not unduly interfere with iJNIVERSITY's use of the Showboat and Support Facilities. This provision shall not apply in the event of an emergency or natural disaster which requires immediate action by the City. 5.5 Care of Premises. During the term of this Lease Agreement, IJNIVERSITY shall comply with all applicabie laws pertaining to its use of the Docking Site and Ticketing Facility. The UNIVERSITY shall keep the Showboat in good clean and operable condition during the annual performance seasons of the entire term hereof. 4 °I9-a�'1 5.6 Performance Schedule Notification. The L3NIVERSITY shall notify the CITY by March 15`" of each year of their schedule of events for the upcoming season. 5.7 Schedule Communication. The CITY shall notify the LTNIVERSITY by March I�` of each year of any special events planned for Harriet Island that may cause a disruption in the activities planned for the Showboat. SJ1 Late Scheduled Events. The INNERSITY recognizes that the CTTY maintains the option to schedule special events after the initial March 1 annual notification date. To minimize the potential impacts of the special event as it is related to the Showboat performance, the CITY will provide prompt notification to and consultation with the LTNIVERSITY in the event of any planned additions to the special event schedu(e. In accomplishing this, the CITY will work with the LJNIVERSITY to coordinate affected schedules and make a concentrated effort to accommodate the iJNIVERSITY's needs related to the Showboat performance as scheduled on the day of any special event. The City retains the right to schedule such special events over the objection of the University if the parties are unable to cooperatively agree on such scheduling. 5.8 Maintenance Communication. The iJNIVERSITY shall notify and schedule with the CITY any maintenance work that needs to be done on the Showboat that may interfere with other Pazk activities at Harriet Island Park. Majar maintenance projects shall be executed off the Harriet Island site. 5.9 Liabilitv. The LTNIVERSITY hereby agrees to defend, indemnify and hold the CITY and any of its officers, agents and employees harmless from any claims, damages, or causes of action arisin� from the use and operations of the Showboat by LTNIVERSITY, its agents, officers, or employees. The LTNIVERSITY shall provide at its own cost and expense, liability insurance naming the CITY as an additional insured thereon. Insurance shall cover injury to persons or property in an amount not less than the limits of the CITY's liability as set forth in Minn. Stat. 466.01 et seq (currently $300,000 individual, $750,000 aggregate, with the aggregate limit increasing to $1,000,000 on January 1, 2000). UNIVERSITY shall provide evidence of such coverage to the CITY annually. Nothing in this provision shall be construed in any manner as a waiver by the CITY of its statutory limits of liability, immuniries or exceptions. iJNIVERSITY shall be obligated to maintain such coverage in full force and effect at all times that this Lease Agreement is in effect, and failure to do so shall be a breach thereof. 5.10 Disaster. That in cases of emergency or disaster such as flood or other natural acts, LJNIVERSITY will vacate the premises if directed to do so by the CITY's Superintendent of Parks and Recreation, Fire Chief, Police Chief or other CITY official delegated such power due to the emergency. The cost of this relocation shall be born by LJNIVERSITY. Further, LTNIVERSITY will make no claim against the CITY for lost business or added expenses due to this temporazy relocation unless the CITY was responsible in whole or in part for the need to relocate. > a q-z�� 5.11 Future Construction. The CITY and LNNERSITY acknowledge that construction projects in the Mississippi River areas may be ongoing during the term of the Lease A�reement and a�ree to cooperate with each other if the construction causes the enterprise to be moved to a different location temporarily. Such new location shall be as accessible as the original location, as is reasonably possible and shall be made at the CITY's cost. The CITY retains the right to determine any such new location if the parties are unable to agree. 5.12 Alterations. The i1NIVERSITY shall make no chan�e, alteration, modification, improvement or addition to the Dock Site and/or, Ticketing Facility including installing si�ns, without the prior written consent of the CITY, which shall not be unreasonably withheld. The UNIVERSITY shall keep the Docking Site and Support Facilities free of any and all mechanics', materialmen's, and other liens arising out of any work, labor done, services performed, or materials furnished for the UNIVERSITY or claimed to have been so furnished during the term of this Lease Agreement. The CITY agrees to indemnify the LTNIVERSITY against mechanics' or constitutional liens filed against the Docking Site and Support Facilities as a result of the improvements to said premises ordered by the CITY prior to commencement of this Lease Agreement. 5.13 Si�na�e. CITY shall provide signage, directing and identifying for the audiences to the Showboat. The parties will mutually agree in writing to the locations and type of signage The CITY shall have the right to approve the content and appearance of any signage located in public areas of the Showboat including signage on the boat's exterior that is visible from the park. 5.14 Relationshin. Nothing contained in this Lease Agreement shall be deemed or construed by the parties hereto or by a third party to create the relationship of principal and agent or of a partnership or of a joint venture between CITY and iJNIVERSITY. 5.15 Amendments. There are no understandings or agreements not incorporated into this Lease Agreement. All amendments to this Lease Agreement shall be only upon mutual agreement of the parties hereto, evidenced in writing and signed by the parties, and incorporated into this Lease Agreement by reference. 5.16 Parties Bound. This Lease Agreement shall inure to and bind the successors and assigns of the parties hereto. 5.17 Inability to Pro�am. If the LTNIVERSITY is unable to sustain the Showboat programming, the iJNIVERSITX will provide the CITY with a written six-month notice on or before February 28` of each year. The iJNIVERSITY will cooperate with the CITY to make the Showboat available for alternative programming for the season. q� 5.18 Accident Reports. The CITY shall provide the INIVERSITY with the CITY's accident report forms. These forms shall be completed by UNIVERSITY representatives in instances where accidents at the ShowboaYs Ticketing Facility or pocking Site aze reported to or witnessed by iJNIVERSITY representatives. The LTNIVERSITY shall deliver completed reports to the CITY within five busaness days. 5.19 Condition of Dockin� Facilitv. The UNIVERSITY shall notify the CITY immediately of any conditions that cause the docks to be unsafe. �.20 Ins�ection of Records. The CITY has a right to inspect all books and records pertaining to the operation of the Showboat by the LJNIVERSITY. The CITY shall be granted inspection of said books and records by providing the UNIVERSITY with written notice, whereby the iJNIVERSITY shall have fifteen (15) calendar/working days to provide such information to the CITY. 5.21 Vendor Aereements. If at some future date during the term of this agreement, the CITY enters into a contract with a vendor in exchange for product exclusivity within the CITY's jurisdictions, the LJNIVERSITY will honor and cooperate with the provision for product exclusivity granted to any such vendor. 5.22 Trash Removal. The iJNIVERSITY is responsible for the removal of any trash generated by the Showboat. Trash collection dumpsters will be located and serviced as approved by the CITY. The tJNIVERSITY will provide adequate trash receptacles on and immediately outside of the Showboat to accommodate debris generated by its patrons and staff. 5.23 Compliance with Laws. The UNIVERSITY shall comply with all federal, state and locai laws and regulations in the operation, maintenance and repair of the Showboat. Any penalties assessed by any federal, state or local entity which result from the iJNIVERSITY's actions or omissions in violation of said laws and/or regulations or its failure to correct any deficiencies upon order of such entity shall be solely the responsibility of the LJNIVERSITY. VI. Captions and Headings 6.1 �tions and Headina. The captions and headings used herein are intended only for the convenience of the reference and are not to be used in construing this Lease. � VII. Default/Cancellation 7.1 Notification of Default. In the event of a default of any term or condition contained herein, the defaulting parry shall be entitled to a Thirty (30) day written notice specifying the nature of the default. In the event the default is not corrected within said Thirty (30) day period, or a cure commenced for the default requiring more than Thiriy (30) days to cure with the defaulting party dili�ently pursuing correction, the non-defaulting party may elect to (1) terminate this Lease A�reement immediately and the obligations of that party as specified herein shall thereupon cease or (2) where the default can be cured by the expenditure of money may, but without obligation, and without limiting any other remedies which it may have by reason of such default, cure the default, chazge the cost thereof to the defaulting party and the defaulting parry shall pay the same forthwith upon demand. 7.2 Individual Breach. All remedies hereinbefore and hereafter conferred on CITY or LTNIVERSITY shall be deemed cumulative and no one exclusive of the other, or of any other remedy conferred by law or in equity. The failure of either parCy to insist in any one or more cases upon the strict performance of any of the covenants of this Lease or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of such covenant or option. Receipt by CITY of rent due hereunder with knowledge of the breach of any covenant hereof shall not be deemed a waiver of such breach. No waiver by CITY or LJNIVERSITY of any of the provisions of this Lease Agreement shall be deemed to have been made unless expressed in writing and signed by the pazty expressing such waiver. 7.3 Damaee to Site. In the event the Docking Site and/or Ticketing Facility aze substantially damaged or destroyed by the elements so as to render them unuseable, either the CITY or the tTNIVERSITY may terminate this Lease Agreement upon written notice to the other party hereto given within Thirty (30) days of such damage or destruction. Both parties agree that prior to giving written notice of termination they will explore whether repair is eeonomically feasible and whether temporary relocation of the Showboat is possible. Nothing herein shall require the CITY to repair or replace to Docking Site and/or Ticketing Facility or to offer an alternative site to the t7NIVERSITY. In the event the CITY elects to repair the damage, it shall do so in a reasonable period of time, but the CITY will not be responsible for any damages for lost profits or income to the L7NIVERSITY resulting from its inability to use the premises during the period of repairs, nor is the CITY responsible for providing alternate premises during the period of repairs. qq -a��t 7.4 Eminent Domain. If the entire Dockin� Site and the Ticketing Facility are taken by eminent domain, this Lease Agreement shall automatically terminate as of the date of taking. If a material portion of the Docking Site or Ticketing Facility are taken by eminent domain rendering the Docking Site or Ticketing Facility unsuitable for iJNIVERSITY's intended business purposes, either party shall have the right to terminate this Lease Agreement as of date of taking by giving written notice thereof each to the other within Ninety (90) days after such date of taking. If neither elects to terminate this Lease Agreement, CITY sha11, at its expense, restore the Docking Site and Ticketing Facility exclusive of any fumishing and fixtures owned by UNIVERSITY, to as near the condition which existed immediately prior to the date of taking as reasonably possible, and to the extent that the Docking Site and Ticketing Facility are rendered untenantable, the rent shall proportionately abate. All damages awarded for the taking of the real property (exctuding the value of the tenant improvements) under the power of the eminent domain shall belong to and be tlie exclusive property of CITY, whether such damages be awarded as compensation for diminution in value of the leasehold estate hereby created, or to the fee of the Docking Site and Ticketing Facility provided, however, that CITY shall not be entitled to any separate awazd made to UNIVERSITY for the value and cost of removal of its personal property and fixtures and moving expenses. � o��-a�'1 RI VI7T. Noticas Offiaal notices rcquir,•d ua3ei auy G:ovision of t'r,is l shnll bc in writrnE zu3 di;zcte3 as follows• CITY: CITY of Saint Pnul Supenntuzdcul of Park and Rccr,a?ion ?S W. 4(10 �airt! Pxt:l, n�II•7 55102 UNIVtitSITY; Rc�enesofthel,i�'IVi:ittitTYufiviinnesocs c/o 1ZeaI Fun�e O$ce 6iC DOnhowe 1{uildl� 51') - 1 � �+ Aveuve SE Minneape.ia, MN 5 5455.0199 t N LVITNESS l�'E�6R; OF, thc Cl t'Y au�i LijYltrg{ZSITY have executcd this I.r.r« Acraement on Crie day ami ycar first above written. UI`7CVERSI7 Y: Ginger UeTtasicr Lea a;; Iv ec \�� ` T� n Fosc:i�wne. Dean Collego efl.ibtral Aits Robert H. J�ruininks lx«vci�-r Vice P:a;ident nnd Provost REGEt�iTS OF THb 1)NI VP.RSTTY (lf' hfT1vNESOTA. Wi [VEkSITY k3� Its G'�'`K'�NOFEHrt:ll3iw�reoM V afM.m�nl � CI'fY �F CAIN'C PpUL, CITY: Mayor Ciry Clcrk Ditac`.pt of P�inanr.;al Ccivic�s St�perin:endent of Yorks anci Rcueati�u Apnroved a; co fcrm: Cit}' Ar,o c � ZO'd £O�ST 66. 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The CITY shall make electric service available outside of the building at the location indicated (#1) . The City shall also provide and install the necessary conduits as required for extendin� service from the location indicated (#1) to the top buttress. The UNIVERSITY shall provide for the installations necessary to extend service from the location indicated (#1) to the Showboat, including provision of the metering equipment, making required connections and providing wiring to the buttress and all required installations from the buttress onto the boat. 2_ The CITY sha11 make standard telephone line service available in the building at the location indicated (#2). The City shall also provide and install the necessary conduits as required for extending service from the location indicated (#2) to the top buttress. The LTNIVERSITY shall provide for the installations necessary to extend service from the location indicated (#2) to the Sho�vboat, including making required connections and providing all wiring to the buttress and all required installations from the buttress onto the boat. 3. The CITY shall make water service available in the building at the location indicated (#3) as needed for the fire protection and domestic water service. The LTNIVERSITY shall provide all piping, valving, metering, and other equipment in the building required for their services. The IJNIVERSITY shall provide and install all fire protection piping out of the building and onto the boat. The LTNIVERSITY shall schedule this installation as directed by CITY as to coordinate with site and building construction. The CITY shall provide 1'/_" domestic water piping out of the building and to the top buttress in a deep-bury service. The iJNIVERSITY shall make provisions for extending domestic water service from the buttress to the Showboat. 4. The CITY shall provide an access to sanitary sewer service at the top of the bank in the vicinity of the top buttress at the location indicated (#4). This service is being made available as per Showboat drawings indicating a 3" discharge pipe connecting to a 4" sanitary service stub. 5. The planned corridor for utilities is around the Cottonwood grove near the building as indicated (#5). 6. The tJNIVERSITY shall utilize space under the upper ramp for extending all utility services from the buttress/top of bank locations as indicated to the Showboat. IINIVERSITY shall provide a disconnect for all utilities at the top and bottom of the ramp for possible removal (during floods) of the ramp. / � �i; .��i ;I�� l ` I � i ! ` - ��!;��,��;I _ ,. , �i�� ;�;� 'i � '�I�{�{{.�� i��.�. ; � I 1�� ( l� �j� j�� `Ij�l. � zi � Ii�i Q �� 1 �' ', l ��1 �'�1 �.' " � z �i',��I I, ,, 1 �' I , l � \ <��--_Y,� �; ' ' ! �' , i� i' ;I i,, i' -,'�'`,1; , .''�`��' '�'`�!`` i � ' ��` �, , , ,, , �'��' � ,. , � �, �', ,, , .'� ;\ �. ,,' �;,' ' �''\�"1 '`t � Z�\�� ,, @ , , %!': r�� ` _ ,. ��, _ � ,, ,:;. , �;. �% y � �';� ��_ _ ` i, / �j �� '. - 7-=k \ � ; � '.' 1 \1 �� 1�,. � _` r .. .\ �`� �I�.J'�� .�'` `� lt ' p�� 1 ��. �� { : 1- �!, d J� �1 1 1 1 . � � `�' ��`�1 �� 11 i�. � ��. � � o `'?, ;; DO ; �, �`_� � i:: ; ,,. � i �� ;r - � `p,� '\ � n— �r;,; �A i - , ~o F. � -� o �� z� y � „ v x � r � v � Q � N S � N C � S y o � 6 � S� � � �d ��3�i:� �$—cvK;�u� < \ \. � \. ��\� � < � � � ��' ; I� 1Jr- �� . �1� � �� , ,- _ � �� `" ``� ,f m t, � F ,-I \ �� 1\I ` �� , � � '�� o , . , I � ,� � �`� ��,� � � , � � ` - �`�. � r �� , �� l �, ( � � `i �1 �1 �' , ��'' a '� � 1� '�' U _( '� 11' , i C, / ., . AA � . r' � - � ,, ��,�;�,�,`� � � , .'�\y i 1`,�,�,��t '� ,� � ' ��,X'�,. o � ! :, , : ,i ', '�, , .'•, 1 1� 1 ,,, � , , 1 � 1 .,' . N ��,�� ,�,I�, �, � ,, „ � I1 `d�1��,, ,� ; � i � i ,'; �„`'�,'` � � � ��`1 "`' '.�''''' � � ,' 1, �` ,'.1 , � `� � i 1 � ��,A1��.' �'�\V' � � � �, �•.�,�,, 1 ; •, ,:�. `1 \ . , ' � ' �,� � , \ �,� `; �', � �. s�:. .'� �, < 1 i � U H — O o �n .� � � ,.. .� 1.�� C � � �a \ � �' "►ri 'LS �0�� . C� � ' � � � � � l i � � � � C /� O ^ / '� � � � � � \� � F � �: , NSz= - zgoa'- Q U � as .: � � � A � Zm Z� � � �_ � a'; u �J � oQ � �zi; � z °°" a ° �; wWmc,=j ��`: W es ZWXQ xa 7� Ca W � I�Y�� °I9-�� Council File # � eZ�� Green Sheet # __�� OR1GiNAL Presented By Referred to , Committee: Date 1 WHEREAS, the City has undertaken various projects related to 2 the renovation of Harriet Island Regional Park, and 3 WHEREAS, as part of the plans for redevelopment of Harriet 4 Island Regional Park, the University of Minnesota Centennial 5 Showboat will be located in the park along the banks of the 6 Mississippi River, and 7 WHEREAS, the Showboat facility will be used to host 8 scheduled University Theatre performances:, now, therefore, be it 9 RESOLVED, that proper City officials 10 directed and authorized to enter into the 11 agreement with the University o£ Minnesota 12 Showboat in Harriet Island Regional Park. 13 14 and staff are hereby attached lease for locating the Requested by: Divis,i n of Parks ! � `-�- �- l//� By:� i Adopted by Council: Date lp �� Adoption Certified by Council Secretary sy App By: RESOLUTION CITY INT PAUL, MIN � �� ESOTA Form Approved by City Attorney � \. �� By: t�/GecP�(/d ��y,�-v� - qg-a�� DEPAqTMENT/OFFICE/COUNCIL DATEINfTIATED GREEN SHEET IVO. 62764 Parks and Recreation 3/3/99 CONTACTPEqSONANDPHONE INRIAVDATE INRIAWATE Mike Hahm 266-6444 �' � 1 DEPARTMENT�IRECTOR 4 cmwuNCa ASSIGN ' - � NUMBEP FOR`, Z QN ATTORNEY _CT' CLERK MUST BE ON COUNQL AGENDA �DATEI ROUTING �" ( r ` , � (�� OfiDEP � BUD6ET DIflECTOR _FIN. & MGT. SE0.VICE5 DIR. 6 v�l '• ,� 3 MAYOR �OR ASSIST� �J Parks & Recreation - 300 CHA TOiAL i OF SIGNANRE PAGES � (CLIP All IOCAStON$ FOR SIGNA'RSRE} ACTION REQUESiED: Authorizing City Otficials and staff to enter into Lease Agreement with the University of Minnesota for locating the Showboat in Harriet Island Regional_Park. _ flECOMMENDATIONS: Approve !A) or Re�ect (R) PERSONAL SERVICE CONTBACTS MUST ANSWER THE FOLLOWING QIlESTtONS: _PLANNING COMMISSION _CIVIL SERVICE COMMISSION �, Has this persoNfirm ever worketl untler a wnttac[ for tM1is tlepartmen[� CIB COMMffTEE _ yE5 NO A STAFF 2. Has this person/firm ever been a ci[y employee> DISTRICT COUNCIL YES NO — — 3. Does ffiis OersoNfirm possess a skill not normaliy possessetl by any wrren[ ciry empioyee? SUPPORTSWHICHCOUNCILOBJECTIVEP VES NO Ezplain all yes answero on separata sM1eet and attach to gr¢en sheet. INITIATING PROBLEM, ISSUE, OPPOR7UNITV (Who. Whaq When, Where, Why). The City has undertaken an extensive renovation of Harriet Island Regional Park. As part of the renovation plans, the University of Minnesota has agreed to locate its Centennial Showboat in the park. ADVANTAGES IF APPflOVED: The University will proceed with its renovation of the Showboat. The public will have opportunity to attend scheduled University Theatre performances, beginning in the 2000 season. DISADVANTAGES IF APPROVE�: Nia C�s�� R�ss�rc� ��4°� � � �� OISADVANTAGES IF NOT APPROVED: The University will not proceed with its renovation of the Showboat until an agreement is finalized. TOTALAMOt1NTOFTRANSACTION $ $�. D�US 75% of selected revenues COSTBEVENUEBUDGEfED(CIRCLEONEI YES NO FUNDING SOURCE Special Seroices Pund ACTIVITY NUMBER 325-23123 FINANQAL MFORMATION: IEXPLAIN) University File: L-599 � q9- � LEASE AGREEMENT THIS LEASE AGREEMENT, made this day of , 1999, is by and between City of Saint Paul, a municipal corporation (hereinafter referred to as "Lessor" or "City") and Regents of the University of Minnesota, a Minnesota constitutional educational corporation (hereinafter referred to as "Lessee" or "University". I. Premises 1.1 The CITY, in consideration of the rents and covenants hereinafter mentioned, does hereby lease unto LTNIVERSITY, and iJNTVERSITY does hereby take from CITY the following described areas, situated in the County of Ramsey, and State of Minnesota, described as follows: 1.1.1 Dockin�. A location downstream from the Harriet Island Park Pavilion, Saint Paul, Minnesota at the 8391 River Mile for exclusive docking of the Minnesota Centennial Showboat (hereinafter "Showboat") the Docking Site (the dock and docking facilities). 1.1.2 Ticketing Facilit� A building for non-exclusive use by the UNIVERSITY as a ticketing facility (hereinafter "Ticketing Facility") far the Showboat. The IJNIVERSITY shall have use of the Ticketing Facility when needed as it is required for the Showboat performance season. 1.2 Parkine and Restrooms. The CITY will provide an maintain pazking and restrooms within Harriet Island Regional Pazk that serve the Showboat as well as other areas and attractions within the park. Nothing herein is intended to convey exclusive use by Lessee of any parking or restroom facilities. II. Permitted Use 2.1 The UNIVERSITY will use the Docking Site and the Ticketing Facility for the docking and mooring of the Minnesota Centennial Showboat and for the performing arts productions, courses, seminazs, meetings and related activities for the University of Minnesota. The LTNIVERSTTY may use or offer the use of the Showboat to other groups or individuals for other uses, provided that they are not prohibited by title restrictions on the record for the property, or otherwise prohibited by state, federat or local law, regulation or rule. The iINIVERSITY shall provide a schedule of such uses to the CITY on or before April 1 of each year and also upon request. Notwithstanding the foregoing, the CITY reserves the right to prohibit any use which it determines is inconsistent with or negatively impacts tha operation of Harriet Island Regional Park. The CITY's failure to prohibit an event or type of use shall not act as a waiver of its right to object to such use or event in the future. a9 2.2 Short term use for the purposes and by the groups or individuals detailed above shall not constitute a sublease under 5.1. III. Term 3.1 Term. The initial term of this Lease shall be for Fifteen Years and Five Months, commencing on the first day of May, 2000, or earlier if agreed to by both parties, and ending on and including the last day of September, 2015, unless earlier terminated as herein provided in Section 7 of this agreement. 3.2 Renewal Options. The UNIVERSITY and CITY may extend this Lease for successive options of five (5) year(s) each which will automatically renew unless the LTNIVERSITY and/or CITY notifies the other, in writing, of its intent to not renew the Lease at least twelve (12) months prior to the expiration of the then current term. All terms and conditions of the Lease Agreement applicable to the Initial Lease Term shall remain in effect during the renewal period(s), except to the exCent otherwise agreed to by the parties in writing. 3.3 Possession. CITY does covenant that the LTNIVERSITY, on paying the rent and performing the covenants herein mentioi7ed, shaii and may peaceably and quietly have, hold and enjoy the Docking Site and Ticketing Facility for the entire term hereof. 3.4 Surrender of Premises. The LTNIVERSITY will, at the termination of this Lease, remove the Showboat from the Docking Site and will quietly yield and surrender the Docking Site to the CITY in as good a condition as it was in when it took it, normal wear and tear and damage from the elements excepted. At this time the iINIVERSITY will also cease its use of the Ticketing Facility and remove any of its property from therein. 3.5 Holdover Tenancv. In the event LJNIVERSITY remains in possession of the Docking Site after the termination of this Lease and without execution of a new Lease, it shall be deemed to be occupying the Docking Site as a tenant from month-to-month only, upon the same terms and conditions contained herein, insofar as the same terms are applicable to a month-to-month tenancy. IV. Rent 4.1 Rent. IJNIVERSITY agrees to pay to CITY as rent for the Docking Site and use of the Ticketing Facility, during the entire term hereof, the sum of One Dollar ($1.00) per year for consideration. 4.2 The LJNIVERSITY agrees to pay the CITY an amount equal to fifteen (15%) percent of any gross revenues it derives from payments tendered by individuals or non-University groups as a facility charge for their use of the Showboat. The Facility charges do not apply to scheduled University Theatre performances. q9-�.\� 4.2.1 The UNIVERSITY retains the option to provide use of the Showboat at no charge to groups includin� but not limited to other LTNIVERSITY units, non-profit groups or corporations. V. Covenants & Agreements 5.1 Assienment. IJNIVERSITY agrees not to assign this Lease or any part thereof, without prior written consent of the CITY, which consent shall not be unreasonahly withheld. 5.2 Construction/Site/Improvements. CITY shall make, at its cost, the modifications and/ot improvements adjacent to Docking Site, shown on Exhibits A-1, A-2, A-3, A-4 (hereinafter referred to collectively as Exhibit A), attached hereto and hereby declared a part of this Lease, prior to commencement of the term hereof. LTNIVERSITY will be advised of and will have the right to review and approve any changes that substantially affect its use of the Ticketing Facility and Docking Site as shown on Exhibit A prior to the implementation of any changes. CITY agrees to provide and maintain Docking Site and Ticketing Facilities shown in Exhibit A with accessibility and facilities in compliance with all applicable laws, rules, ordinances and regulations as issued by any federal, state or local political subdivisions having jurisdiction and authority in connection with said property. The CITY through the Division of Parks and Recreation, agrees to provide and maintain during the entire term of this Lease Agreement, at CITY's cost, the following: 5.2.1 Docking - The dock will run along the side of the boat, with access at two locations as shown on Ezchibit A. 5.2.2 The dock construction (which will be defined further in Exhibit A) will allow for the Showboat to be moored using the stnicture and reiated pilings. Provisions on the Showboat for connection devices that allow it to be secured to the dock will be the responsibility of the iJNIVERSITY, as will be any protective devices that protect the boat from damage from the dock and any floating debris. 5.23 Drive-up access will be available to the shore side of the Docking Site and to the Ticketing Facility at mutually agreed upon locations. Such access will be for the use of the LJNIVERSITY only for the purpose of making equipment deliveries for which it is essential to have a nearer delivery point than the adjacent parking lot. Drive-up access will not be allowed for routine deliveries. This provision shall not be construed to require the CITY to provide the same access for patrons, guests or invitees of the LTNIVERSITY or groups using the Showboat with permission of the iJNIVERSITY. 9q�z\'1 5.2.4 Use of a ticketing facility as needed during the defined iJNIVERSITY performance season which will include telecommunication lines for a phone and computer. 5.2.5 Restrooms which aze handicap accessible designated for the audiences, performers, etc. and available for all uses. The CITY a�rees to provide three (3) female toilets, one of which must meet ADA standards and two (2) male toilets (one can be a urinal) and one stall must meet ADA standards. 5.2.6 Handicapped parking as required by code will be provided as part of available parking within Harriet Island regional Park. Parking will serve the Showboat as well as other areas and attractions within the park. 5.2.7 Lighting for the ticket booth, entrance to the dock and all parking areas will be lit to provide a safe environment and will meet normal standards for this type of facility use. 5.2.8 Access to all utilities (electricity, sewage, water, phone, etc.) will be provided at or in the immediate vicinity of the Ticketing Facility and Docking Site as documented in Exhibit B. IJNIVERSITY will be responsible for providing the appropriate metering and distribution installations, including making provisions to extend all utility services from agreed upon locations to the Showboat, and will provide hook-ups and meter installations each spring and cancel the service in the off-season as needed. The iJNIVERSITY shall be responsible to maintain its own utility equipment, that being the equipment that they provide and install, including performing necessary disconnects in the event they must be accomplished due to floods and other similar circumstances. 53 Utilities. The UNIVERSITY will pay fox the installarion of all utiiity meters at the Dock Site which are for its use and shall pay all utility bills for the Showboat. 5.4 Rieht of Entrv. CITY shall have the right to enter the Showboat, during-business hours upon 24 hours prior notice, provided such entry does not unduly interfere with iJNIVERSITY's use of the Showboat and Support Facilities. This provision shall not apply in the event of an emergency or natural disaster which requires immediate action by the City. 5.5 Care of Premises. During the term of this Lease Agreement, IJNIVERSITY shall comply with all applicabie laws pertaining to its use of the Docking Site and Ticketing Facility. The UNIVERSITY shall keep the Showboat in good clean and operable condition during the annual performance seasons of the entire term hereof. 4 °I9-a�'1 5.6 Performance Schedule Notification. The L3NIVERSITY shall notify the CITY by March 15`" of each year of their schedule of events for the upcoming season. 5.7 Schedule Communication. The CITY shall notify the LTNIVERSITY by March I�` of each year of any special events planned for Harriet Island that may cause a disruption in the activities planned for the Showboat. SJ1 Late Scheduled Events. The INNERSITY recognizes that the CTTY maintains the option to schedule special events after the initial March 1 annual notification date. To minimize the potential impacts of the special event as it is related to the Showboat performance, the CITY will provide prompt notification to and consultation with the LTNIVERSITY in the event of any planned additions to the special event schedu(e. In accomplishing this, the CITY will work with the LJNIVERSITY to coordinate affected schedules and make a concentrated effort to accommodate the iJNIVERSITY's needs related to the Showboat performance as scheduled on the day of any special event. The City retains the right to schedule such special events over the objection of the University if the parties are unable to cooperatively agree on such scheduling. 5.8 Maintenance Communication. The iJNIVERSITY shall notify and schedule with the CITY any maintenance work that needs to be done on the Showboat that may interfere with other Pazk activities at Harriet Island Park. Majar maintenance projects shall be executed off the Harriet Island site. 5.9 Liabilitv. The LTNIVERSITY hereby agrees to defend, indemnify and hold the CITY and any of its officers, agents and employees harmless from any claims, damages, or causes of action arisin� from the use and operations of the Showboat by LTNIVERSITY, its agents, officers, or employees. The LTNIVERSITY shall provide at its own cost and expense, liability insurance naming the CITY as an additional insured thereon. Insurance shall cover injury to persons or property in an amount not less than the limits of the CITY's liability as set forth in Minn. Stat. 466.01 et seq (currently $300,000 individual, $750,000 aggregate, with the aggregate limit increasing to $1,000,000 on January 1, 2000). UNIVERSITY shall provide evidence of such coverage to the CITY annually. Nothing in this provision shall be construed in any manner as a waiver by the CITY of its statutory limits of liability, immuniries or exceptions. iJNIVERSITY shall be obligated to maintain such coverage in full force and effect at all times that this Lease Agreement is in effect, and failure to do so shall be a breach thereof. 5.10 Disaster. That in cases of emergency or disaster such as flood or other natural acts, LJNIVERSITY will vacate the premises if directed to do so by the CITY's Superintendent of Parks and Recreation, Fire Chief, Police Chief or other CITY official delegated such power due to the emergency. The cost of this relocation shall be born by LJNIVERSITY. Further, LTNIVERSITY will make no claim against the CITY for lost business or added expenses due to this temporazy relocation unless the CITY was responsible in whole or in part for the need to relocate. > a q-z�� 5.11 Future Construction. The CITY and LNNERSITY acknowledge that construction projects in the Mississippi River areas may be ongoing during the term of the Lease A�reement and a�ree to cooperate with each other if the construction causes the enterprise to be moved to a different location temporarily. Such new location shall be as accessible as the original location, as is reasonably possible and shall be made at the CITY's cost. The CITY retains the right to determine any such new location if the parties are unable to agree. 5.12 Alterations. The i1NIVERSITY shall make no chan�e, alteration, modification, improvement or addition to the Dock Site and/or, Ticketing Facility including installing si�ns, without the prior written consent of the CITY, which shall not be unreasonably withheld. The UNIVERSITY shall keep the Docking Site and Support Facilities free of any and all mechanics', materialmen's, and other liens arising out of any work, labor done, services performed, or materials furnished for the UNIVERSITY or claimed to have been so furnished during the term of this Lease Agreement. The CITY agrees to indemnify the LTNIVERSITY against mechanics' or constitutional liens filed against the Docking Site and Support Facilities as a result of the improvements to said premises ordered by the CITY prior to commencement of this Lease Agreement. 5.13 Si�na�e. CITY shall provide signage, directing and identifying for the audiences to the Showboat. The parties will mutually agree in writing to the locations and type of signage The CITY shall have the right to approve the content and appearance of any signage located in public areas of the Showboat including signage on the boat's exterior that is visible from the park. 5.14 Relationshin. Nothing contained in this Lease Agreement shall be deemed or construed by the parties hereto or by a third party to create the relationship of principal and agent or of a partnership or of a joint venture between CITY and iJNIVERSITY. 5.15 Amendments. There are no understandings or agreements not incorporated into this Lease Agreement. All amendments to this Lease Agreement shall be only upon mutual agreement of the parties hereto, evidenced in writing and signed by the parties, and incorporated into this Lease Agreement by reference. 5.16 Parties Bound. This Lease Agreement shall inure to and bind the successors and assigns of the parties hereto. 5.17 Inability to Pro�am. If the LTNIVERSITY is unable to sustain the Showboat programming, the iJNIVERSITX will provide the CITY with a written six-month notice on or before February 28` of each year. The iJNIVERSITY will cooperate with the CITY to make the Showboat available for alternative programming for the season. q� 5.18 Accident Reports. The CITY shall provide the INIVERSITY with the CITY's accident report forms. These forms shall be completed by UNIVERSITY representatives in instances where accidents at the ShowboaYs Ticketing Facility or pocking Site aze reported to or witnessed by iJNIVERSITY representatives. The LTNIVERSITY shall deliver completed reports to the CITY within five busaness days. 5.19 Condition of Dockin� Facilitv. The UNIVERSITY shall notify the CITY immediately of any conditions that cause the docks to be unsafe. �.20 Ins�ection of Records. The CITY has a right to inspect all books and records pertaining to the operation of the Showboat by the LJNIVERSITY. The CITY shall be granted inspection of said books and records by providing the UNIVERSITY with written notice, whereby the iJNIVERSITY shall have fifteen (15) calendar/working days to provide such information to the CITY. 5.21 Vendor Aereements. If at some future date during the term of this agreement, the CITY enters into a contract with a vendor in exchange for product exclusivity within the CITY's jurisdictions, the LJNIVERSITY will honor and cooperate with the provision for product exclusivity granted to any such vendor. 5.22 Trash Removal. The iJNIVERSITY is responsible for the removal of any trash generated by the Showboat. Trash collection dumpsters will be located and serviced as approved by the CITY. The tJNIVERSITY will provide adequate trash receptacles on and immediately outside of the Showboat to accommodate debris generated by its patrons and staff. 5.23 Compliance with Laws. The UNIVERSITY shall comply with all federal, state and locai laws and regulations in the operation, maintenance and repair of the Showboat. Any penalties assessed by any federal, state or local entity which result from the iJNIVERSITY's actions or omissions in violation of said laws and/or regulations or its failure to correct any deficiencies upon order of such entity shall be solely the responsibility of the LJNIVERSITY. VI. Captions and Headings 6.1 �tions and Headina. The captions and headings used herein are intended only for the convenience of the reference and are not to be used in construing this Lease. � VII. Default/Cancellation 7.1 Notification of Default. In the event of a default of any term or condition contained herein, the defaulting parry shall be entitled to a Thirty (30) day written notice specifying the nature of the default. In the event the default is not corrected within said Thirty (30) day period, or a cure commenced for the default requiring more than Thiriy (30) days to cure with the defaulting party dili�ently pursuing correction, the non-defaulting party may elect to (1) terminate this Lease A�reement immediately and the obligations of that party as specified herein shall thereupon cease or (2) where the default can be cured by the expenditure of money may, but without obligation, and without limiting any other remedies which it may have by reason of such default, cure the default, chazge the cost thereof to the defaulting party and the defaulting parry shall pay the same forthwith upon demand. 7.2 Individual Breach. All remedies hereinbefore and hereafter conferred on CITY or LTNIVERSITY shall be deemed cumulative and no one exclusive of the other, or of any other remedy conferred by law or in equity. The failure of either parCy to insist in any one or more cases upon the strict performance of any of the covenants of this Lease or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of such covenant or option. Receipt by CITY of rent due hereunder with knowledge of the breach of any covenant hereof shall not be deemed a waiver of such breach. No waiver by CITY or LJNIVERSITY of any of the provisions of this Lease Agreement shall be deemed to have been made unless expressed in writing and signed by the pazty expressing such waiver. 7.3 Damaee to Site. In the event the Docking Site and/or Ticketing Facility aze substantially damaged or destroyed by the elements so as to render them unuseable, either the CITY or the tTNIVERSITY may terminate this Lease Agreement upon written notice to the other party hereto given within Thirty (30) days of such damage or destruction. Both parties agree that prior to giving written notice of termination they will explore whether repair is eeonomically feasible and whether temporary relocation of the Showboat is possible. Nothing herein shall require the CITY to repair or replace to Docking Site and/or Ticketing Facility or to offer an alternative site to the t7NIVERSITY. In the event the CITY elects to repair the damage, it shall do so in a reasonable period of time, but the CITY will not be responsible for any damages for lost profits or income to the L7NIVERSITY resulting from its inability to use the premises during the period of repairs, nor is the CITY responsible for providing alternate premises during the period of repairs. qq -a��t 7.4 Eminent Domain. If the entire Dockin� Site and the Ticketing Facility are taken by eminent domain, this Lease Agreement shall automatically terminate as of the date of taking. If a material portion of the Docking Site or Ticketing Facility are taken by eminent domain rendering the Docking Site or Ticketing Facility unsuitable for iJNIVERSITY's intended business purposes, either party shall have the right to terminate this Lease Agreement as of date of taking by giving written notice thereof each to the other within Ninety (90) days after such date of taking. If neither elects to terminate this Lease Agreement, CITY sha11, at its expense, restore the Docking Site and Ticketing Facility exclusive of any fumishing and fixtures owned by UNIVERSITY, to as near the condition which existed immediately prior to the date of taking as reasonably possible, and to the extent that the Docking Site and Ticketing Facility are rendered untenantable, the rent shall proportionately abate. All damages awarded for the taking of the real property (exctuding the value of the tenant improvements) under the power of the eminent domain shall belong to and be tlie exclusive property of CITY, whether such damages be awarded as compensation for diminution in value of the leasehold estate hereby created, or to the fee of the Docking Site and Ticketing Facility provided, however, that CITY shall not be entitled to any separate awazd made to UNIVERSITY for the value and cost of removal of its personal property and fixtures and moving expenses. � o��-a�'1 RI VI7T. Noticas Offiaal notices rcquir,•d ua3ei auy G:ovision of t'r,is l shnll bc in writrnE zu3 di;zcte3 as follows• CITY: CITY of Saint Pnul Supenntuzdcul of Park and Rccr,a?ion ?S W. 4(10 �airt! Pxt:l, n�II•7 55102 UNIVtitSITY; Rc�enesofthel,i�'IVi:ittitTYufiviinnesocs c/o 1ZeaI Fun�e O$ce 6iC DOnhowe 1{uildl� 51') - 1 � �+ Aveuve SE Minneape.ia, MN 5 5455.0199 t N LVITNESS l�'E�6R; OF, thc Cl t'Y au�i LijYltrg{ZSITY have executcd this I.r.r« Acraement on Crie day ami ycar first above written. UI`7CVERSI7 Y: Ginger UeTtasicr Lea a;; Iv ec \�� ` T� n Fosc:i�wne. Dean Collego efl.ibtral Aits Robert H. J�ruininks lx«vci�-r Vice P:a;ident nnd Provost REGEt�iTS OF THb 1)NI VP.RSTTY (lf' hfT1vNESOTA. Wi [VEkSITY k3� Its G'�'`K'�NOFEHrt:ll3iw�reoM V afM.m�nl � CI'fY �F CAIN'C PpUL, CITY: Mayor Ciry Clcrk Ditac`.pt of P�inanr.;al Ccivic�s St�perin:endent of Yorks anci Rcueati�u Apnroved a; co fcrm: Cit}' Ar,o c � ZO'd £O�ST 66. 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The CITY shall make electric service available outside of the building at the location indicated (#1) . The City shall also provide and install the necessary conduits as required for extendin� service from the location indicated (#1) to the top buttress. The UNIVERSITY shall provide for the installations necessary to extend service from the location indicated (#1) to the Showboat, including provision of the metering equipment, making required connections and providing wiring to the buttress and all required installations from the buttress onto the boat. 2_ The CITY sha11 make standard telephone line service available in the building at the location indicated (#2). The City shall also provide and install the necessary conduits as required for extending service from the location indicated (#2) to the top buttress. The LTNIVERSITY shall provide for the installations necessary to extend service from the location indicated (#2) to the Sho�vboat, including making required connections and providing all wiring to the buttress and all required installations from the buttress onto the boat. 3. The CITY shall make water service available in the building at the location indicated (#3) as needed for the fire protection and domestic water service. The LTNIVERSITY shall provide all piping, valving, metering, and other equipment in the building required for their services. The IJNIVERSITY shall provide and install all fire protection piping out of the building and onto the boat. The LTNIVERSITY shall schedule this installation as directed by CITY as to coordinate with site and building construction. The CITY shall provide 1'/_" domestic water piping out of the building and to the top buttress in a deep-bury service. The iJNIVERSITY shall make provisions for extending domestic water service from the buttress to the Showboat. 4. The CITY shall provide an access to sanitary sewer service at the top of the bank in the vicinity of the top buttress at the location indicated (#4). This service is being made available as per Showboat drawings indicating a 3" discharge pipe connecting to a 4" sanitary service stub. 5. The planned corridor for utilities is around the Cottonwood grove near the building as indicated (#5). 6. The tJNIVERSITY shall utilize space under the upper ramp for extending all utility services from the buttress/top of bank locations as indicated to the Showboat. IINIVERSITY shall provide a disconnect for all utilities at the top and bottom of the ramp for possible removal (during floods) of the ramp. / � �i; .��i ;I�� l ` I � i ! ` - ��!;��,��;I _ ,. , �i�� ;�;� 'i � '�I�{�{{.�� i��.�. ; � I 1�� ( l� �j� j�� `Ij�l. � zi � Ii�i Q �� 1 �' ', l ��1 �'�1 �.' 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