99-900OR�GINAL
Presented By:
RESOLUTION
CITY OF SAINT PAUL, NIINNESOTA
Council File #
Green Sheet #
Referred To: Committee:Date:
r ?
1 BE TT RESOLVED, That the Saint Paul Police Department is arthorized to enter into an agreement
2 with the Washington County Agricultural Society, which includes an indemnification clanse, to
3 provide a large field, building, and roadways for the Mobile Field Force Tactics Training on
4 November 5,1999. A copy oi said agreement is to be kept on file and on record in the Office of
5 Financial5ervices.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
Requested by �rtment of:
B
by
�
by
��
1 Se uy:
By:
Z'
�
��
9q - 9�
1��311
washingtoncoagri99-2
Police
Chief Finney 292-3588
09JO1J99
� rort
TOTAL # OF SIGNATURE PAGES
GREEN SHEET
q�l•9ao
No � ���1 �
(J ��.,.�� q� A R 1� �„�.
� arv�rranEr '•'.! �_ ❑ emrmu _
❑ n�wcw�aaru�ceane. ❑ rwxeuum
� W �� .�
(CUP ALL OCATIONS FOR SIGNATURE)
Signatures re4uested on attached Council Resolution.
PIANNING COMMISSION
CIB CAMMITTEE �
CIVIL SERVICE COMMISSION
Hes tnis aersoNfiim e�+erwwkea unaer a contract r« tl�is Eepartment7
VES NO
Fias Mis paeaMfirm e�r 6een a ply empbyee7
YES �
ooes mrc oersmlfim� a�ssecc a s�a� no� namenra� M�r cwreirt cnv emw�Yee7
YES NO
Is this µveaJfirm a taryetetl vendort
YES NO
The Saint Paul Police Department will need to train the 1999-2 Recruit Academy in Mobile
Field Force Tactics to prepare for Y2K and possible civil unrest. The training requires a
very large field, building, and roadways away from populated areas due to the use of sirens
and blanks being fired.
IF APPROVED
The training will be conducted and the Department will be read fo le Y2K problems.
,�������
... �" . �. r � �.
�.��� �.
would either not take place or would disturb City residents.
oFrwwsncnons 150.00 COST/REVENUEBUDGETED(CIRCLEONE)
General Fund 4303
SOURCE ACTNRY NIAdBER
001-04303-0282-40060
INFORMATON (IXPWN)
YES NO
VV�Ut i3Q�c�n�� b
�
qo o
LEASE AGREEMEI�6T Q ��
This lease, made this 29th day of July, 7999 is by and between Washington
County Agricultural Society, a non-profit corporation, herein after called fhe
LESSOR and St. Paul Police Dept. Training Unit herein after called
the LESSEE. Failure to return this lease agreement within fhirty (30) days of the
abdve date will resuft in its termination.
1. LESSOR hereby leases to LESSEE the Washington County
Fairgrounds, located in the Town ofi Baytown, Washington County, Minnesota.
2. X LESSOR hereby leases to LESSEE a portion of the Washington
County Fairgrounds, located in the Town of Baytown, Washington County,
Minnesota. The portion described as follows:
FBooley 9�lall/McFair Road/Main IZing
TEP29Vi "
1.To have and to hold the leased premises unto the LESSEE for a term of
1 day, commencing at 12:00 A.M. on the 5th day of November, 1999 and
ending at 11:59 P.M. on the 5th day of November, 1999.
RENT
1.The rent for the term shall be $�L50.00 dollars. Such rent shall be paid
as follows: $150.00 within ten (10) days of signing this lease. $0.00 prior to
the commencing date of this lease agreement.
t1SE
1.The leased property may be used and occupied only for:
Riot Confrol Director Training
a�d for no other purposes without the written consent of LESSOR. LESSEE shail
comply with all laws, ordinances and regulations afifecting the leased property,
and promulgated by any duly constituted governmental authority. LESSEE shall
also comply with any insurance company requirements affecting the cleaniiness,
safety, use or occupancy of the leased property. Upon expiration of the term the
buildings and grounds must be cieaned and vacated in the same condition as at
the beginning of the term. This includes but is not limited to, removing and
disposing ofi ail trash. Any repairs or replacements necessary to restore the
property to the condition at the beginning of the term shall be paid by the
LESSOR and the LESSOR shail be fuily reimbursed by the LESSEE.
qq .qoo
INDEMNITY
9.LESSEE agrees to indemnify LESSOR against any and all claims,
demands, damages, costs and expenses, including reasonable attorney's fees
arising from the business conducted by the LESSEE on the leased property or
from any breach or default on the part of the LESSEE in the performance of any
covenant or agreement on the part ofi the LESSEE to be perFormed pursuant to
the�terms of this lease, or from any act of negligence of LESSEE, it's agents,
contractors, servants, employees, concessionaires or licensees. In case of any
action or proceeding brought against LESSOR by reason of any such claim, upon
notice from LESSOR, LESSEE covenants to defend such action or proceeding by
council reasonably satisfactory to �ESSOR. LESSOR shail not be liabie and
LESSEE waives all claims for damage to person or property sustained to
LESSEE or LESSEE's employees, agents, servants, invitees and customers
resulting from the buildings or grounds on which the leased premises are Iocated
or by reason of the leased premises or any equipment or appurtenances
thereunto appertaining becoming out of repair, or resulting from any accident in or
about the leased premises, or resuiting in any act or neglect of any other
= LESSEE on said premises. All property belonging to LESSEE or any occupant of
the leased premises shall be there at the risk of LESSEE or such other person
only, and LESSOR shall not be liable for damage thereto or theft or
misappropriation thereof.
INSURANCE
1.LESSEE agrees to maintain a policy or policies of insurance, at its own
cost and expense, insuring LESSEE and LESSOR from all claims, demands or
actions for injury or death of any one person in an amount of not less than
$1,000,000 and for injury to or death of more than one person in any one accident
to the limit of $1,000,000 and for damage to property in an amount of not less
than $1,000,000, made on or on behalf of any person or persons, firm or
corporation arising from, related to, or connected with, the leased premises.
EiV91NENT DOiNA1N
1.If the leased premises shall be taken under the power of eminent
domain, then the term of this lease shall cease as of the day possession shall be
taken by the condemning authority, and the rent shail be paid up to that date.
2.Ali damages awarded for any such taking under the power of eminent
domain shaN be that propesty of LESSOR, whether such damages sha(I be
awarded as compensation for diminution in value of the leasehold or to the fee of
the leased premises.
2.
- ..
DAMAGE BY FIRE OR OTHER CASUALTY
in case the leased premises shall be partially or totally destroyed by fire
casualty so as to become partialiy or totally unattainable, #he same shall be
repaired as speediiy as possible at the expense of LESSOR unless LESSOR
shail elect not to rebuild, in which case by notice in writing LESSOR may
terminate this lease, and a just and proportionate part of the rent shall be abated
untrl so repaired based upon the time and to the extent the leased premises are
untenantable.
�►SSI�aNME1VT AN6 �11�L�'(°fING
1.LESSEE shall not assign or in any manner transfer this lease or any
interest therein, nor sublet said leased premises or any part thereof, nor permit
occupancy by anyone with, through or under it, without the previous written
consent of LESSOR.
2.Neither this lease nor any interest therein, nor any estate thereby
z created, shall pass to any trustees or receiver in bankruptcy, or any assignees for
the benefit of creditors, or by operation of law.
I�CCES� TO �REMiSES
1.LESSOR shall have the right to enter the leased premises at all
reasonable hours, upon written notice, for the purpose of inspecting the same or
of making repairs, additions or alterations thereto.
5liiifLEfV��� OF FTOSSESSION
1.At the expiration of the tenancy created hereunder, whether by lapse ofi
time or otherwise, �ESSEES shall surrender the leased premises in good
condition and repair. tf the feased premises are not surrendered at the end of the
term or the sooner termination thereof, LE5SEE shall indemnify LESSOR against
loss or (iability resulting from delay by LESSEE in so surrendering the leased
premises, including, without limitation, ciaims made by any succeeding tenant
founded on such delay.
2.In the evenf LESSEE remains in possession of the leased premises after
the expiration of the tenancy created hereunder, and without the execution of a
new lease, it shaVi be deemed to be occupying the leased premises as a tenant
from day to day, at twice the stated rent, subject to all the other conditions,
provisions and obligations of fhis lease insofar as the same are applicable to a
day to day tenancy, provided said possession is with LESSOR's consent.
q9 .qoo
3.
99 .too
NOTICES
1.Whenever under this lease provision is made for notice of any kind, such
notice shall be in writ+ng and shall be deemed sufficient notice and service thereof
if such notice to LESSEE is actually delivered to LESSEE, or sent by registered
or certified mail, return receipt requested, postage prepaid, to the lasf Post Office
address ofi LESSEE furnished to LESSOR for such purpose or fo the leased
premises; and if to LESSOR if actuaily delivered to LESSOR or if sent by
registered or certified mail, return receipt requested, postage prepaid, to the
LESSOR ai the address furnished for such purpose, or to the place then fixed for
the payment of rent.
G��9El3�i�
1.Nothing contained herein shali be deemed or construed by the parties
hereto, nor by any third party, as creating the relationship of principal and agent
or of partnership or of joint venture between the parties hereto.
= 2.One or more waivers of any term of this lease by either party shall not be
construed by the other party as a waiver of subsequent breach of the same term.
The consent or approval by either party to or of any act by the other party of a
nature requiring consent or approval shall not be deemed to waive consent to or
approvaf of any subsequent similar act.
3.The headings of the several articles contained herein are for
convenience oniy and do not limit the contents of such articles. AII negotiations,
considerations, representations and understandings between the parties are
incorporated herein, and may b2 modified or altered oniy by agreement in writing
between the parties.
4.The covenants and obligations herein shall e�end to, bind and inure to
the benefit of not only the parties hereto, but their respective personal
representatives, heirs, successors and assigns.
5.Unenforceability of any provision contained in this lease shall not affect
or impair the validity of any other provision of this lease.
6.The laws of the State of Minnesota sha11 govern the vafidity, performance
and enforcement of this lease.
For:
LESSEE
�
For: Washington County Agricultural
Society
LESSOR
By:r�C� � z�u
Treasurer
4.
OR�GINAL
Presented By:
RESOLUTION
CITY OF SAINT PAUL, NIINNESOTA
Council File #
Green Sheet #
Referred To: Committee:Date:
r ?
1 BE TT RESOLVED, That the Saint Paul Police Department is arthorized to enter into an agreement
2 with the Washington County Agricultural Society, which includes an indemnification clanse, to
3 provide a large field, building, and roadways for the Mobile Field Force Tactics Training on
4 November 5,1999. A copy oi said agreement is to be kept on file and on record in the Office of
5 Financial5ervices.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
Requested by �rtment of:
B
by
�
by
��
1 Se uy:
By:
Z'
�
��
9q - 9�
1��311
washingtoncoagri99-2
Police
Chief Finney 292-3588
09JO1J99
� rort
TOTAL # OF SIGNATURE PAGES
GREEN SHEET
q�l•9ao
No � ���1 �
(J ��.,.�� q� A R 1� �„�.
� arv�rranEr '•'.! �_ ❑ emrmu _
❑ n�wcw�aaru�ceane. ❑ rwxeuum
� W �� .�
(CUP ALL OCATIONS FOR SIGNATURE)
Signatures re4uested on attached Council Resolution.
PIANNING COMMISSION
CIB CAMMITTEE �
CIVIL SERVICE COMMISSION
Hes tnis aersoNfiim e�+erwwkea unaer a contract r« tl�is Eepartment7
VES NO
Fias Mis paeaMfirm e�r 6een a ply empbyee7
YES �
ooes mrc oersmlfim� a�ssecc a s�a� no� namenra� M�r cwreirt cnv emw�Yee7
YES NO
Is this µveaJfirm a taryetetl vendort
YES NO
The Saint Paul Police Department will need to train the 1999-2 Recruit Academy in Mobile
Field Force Tactics to prepare for Y2K and possible civil unrest. The training requires a
very large field, building, and roadways away from populated areas due to the use of sirens
and blanks being fired.
IF APPROVED
The training will be conducted and the Department will be read fo le Y2K problems.
,�������
... �" . �. r � �.
�.��� �.
would either not take place or would disturb City residents.
oFrwwsncnons 150.00 COST/REVENUEBUDGETED(CIRCLEONE)
General Fund 4303
SOURCE ACTNRY NIAdBER
001-04303-0282-40060
INFORMATON (IXPWN)
YES NO
VV�Ut i3Q�c�n�� b
�
qo o
LEASE AGREEMEI�6T Q ��
This lease, made this 29th day of July, 7999 is by and between Washington
County Agricultural Society, a non-profit corporation, herein after called fhe
LESSOR and St. Paul Police Dept. Training Unit herein after called
the LESSEE. Failure to return this lease agreement within fhirty (30) days of the
abdve date will resuft in its termination.
1. LESSOR hereby leases to LESSEE the Washington County
Fairgrounds, located in the Town ofi Baytown, Washington County, Minnesota.
2. X LESSOR hereby leases to LESSEE a portion of the Washington
County Fairgrounds, located in the Town of Baytown, Washington County,
Minnesota. The portion described as follows:
FBooley 9�lall/McFair Road/Main IZing
TEP29Vi "
1.To have and to hold the leased premises unto the LESSEE for a term of
1 day, commencing at 12:00 A.M. on the 5th day of November, 1999 and
ending at 11:59 P.M. on the 5th day of November, 1999.
RENT
1.The rent for the term shall be $�L50.00 dollars. Such rent shall be paid
as follows: $150.00 within ten (10) days of signing this lease. $0.00 prior to
the commencing date of this lease agreement.
t1SE
1.The leased property may be used and occupied only for:
Riot Confrol Director Training
a�d for no other purposes without the written consent of LESSOR. LESSEE shail
comply with all laws, ordinances and regulations afifecting the leased property,
and promulgated by any duly constituted governmental authority. LESSEE shall
also comply with any insurance company requirements affecting the cleaniiness,
safety, use or occupancy of the leased property. Upon expiration of the term the
buildings and grounds must be cieaned and vacated in the same condition as at
the beginning of the term. This includes but is not limited to, removing and
disposing ofi ail trash. Any repairs or replacements necessary to restore the
property to the condition at the beginning of the term shall be paid by the
LESSOR and the LESSOR shail be fuily reimbursed by the LESSEE.
qq .qoo
INDEMNITY
9.LESSEE agrees to indemnify LESSOR against any and all claims,
demands, damages, costs and expenses, including reasonable attorney's fees
arising from the business conducted by the LESSEE on the leased property or
from any breach or default on the part of the LESSEE in the performance of any
covenant or agreement on the part ofi the LESSEE to be perFormed pursuant to
the�terms of this lease, or from any act of negligence of LESSEE, it's agents,
contractors, servants, employees, concessionaires or licensees. In case of any
action or proceeding brought against LESSOR by reason of any such claim, upon
notice from LESSOR, LESSEE covenants to defend such action or proceeding by
council reasonably satisfactory to �ESSOR. LESSOR shail not be liabie and
LESSEE waives all claims for damage to person or property sustained to
LESSEE or LESSEE's employees, agents, servants, invitees and customers
resulting from the buildings or grounds on which the leased premises are Iocated
or by reason of the leased premises or any equipment or appurtenances
thereunto appertaining becoming out of repair, or resulting from any accident in or
about the leased premises, or resuiting in any act or neglect of any other
= LESSEE on said premises. All property belonging to LESSEE or any occupant of
the leased premises shall be there at the risk of LESSEE or such other person
only, and LESSOR shall not be liable for damage thereto or theft or
misappropriation thereof.
INSURANCE
1.LESSEE agrees to maintain a policy or policies of insurance, at its own
cost and expense, insuring LESSEE and LESSOR from all claims, demands or
actions for injury or death of any one person in an amount of not less than
$1,000,000 and for injury to or death of more than one person in any one accident
to the limit of $1,000,000 and for damage to property in an amount of not less
than $1,000,000, made on or on behalf of any person or persons, firm or
corporation arising from, related to, or connected with, the leased premises.
EiV91NENT DOiNA1N
1.If the leased premises shall be taken under the power of eminent
domain, then the term of this lease shall cease as of the day possession shall be
taken by the condemning authority, and the rent shail be paid up to that date.
2.Ali damages awarded for any such taking under the power of eminent
domain shaN be that propesty of LESSOR, whether such damages sha(I be
awarded as compensation for diminution in value of the leasehold or to the fee of
the leased premises.
2.
- ..
DAMAGE BY FIRE OR OTHER CASUALTY
in case the leased premises shall be partially or totally destroyed by fire
casualty so as to become partialiy or totally unattainable, #he same shall be
repaired as speediiy as possible at the expense of LESSOR unless LESSOR
shail elect not to rebuild, in which case by notice in writing LESSOR may
terminate this lease, and a just and proportionate part of the rent shall be abated
untrl so repaired based upon the time and to the extent the leased premises are
untenantable.
�►SSI�aNME1VT AN6 �11�L�'(°fING
1.LESSEE shall not assign or in any manner transfer this lease or any
interest therein, nor sublet said leased premises or any part thereof, nor permit
occupancy by anyone with, through or under it, without the previous written
consent of LESSOR.
2.Neither this lease nor any interest therein, nor any estate thereby
z created, shall pass to any trustees or receiver in bankruptcy, or any assignees for
the benefit of creditors, or by operation of law.
I�CCES� TO �REMiSES
1.LESSOR shall have the right to enter the leased premises at all
reasonable hours, upon written notice, for the purpose of inspecting the same or
of making repairs, additions or alterations thereto.
5liiifLEfV��� OF FTOSSESSION
1.At the expiration of the tenancy created hereunder, whether by lapse ofi
time or otherwise, �ESSEES shall surrender the leased premises in good
condition and repair. tf the feased premises are not surrendered at the end of the
term or the sooner termination thereof, LE5SEE shall indemnify LESSOR against
loss or (iability resulting from delay by LESSEE in so surrendering the leased
premises, including, without limitation, ciaims made by any succeeding tenant
founded on such delay.
2.In the evenf LESSEE remains in possession of the leased premises after
the expiration of the tenancy created hereunder, and without the execution of a
new lease, it shaVi be deemed to be occupying the leased premises as a tenant
from day to day, at twice the stated rent, subject to all the other conditions,
provisions and obligations of fhis lease insofar as the same are applicable to a
day to day tenancy, provided said possession is with LESSOR's consent.
q9 .qoo
3.
99 .too
NOTICES
1.Whenever under this lease provision is made for notice of any kind, such
notice shall be in writ+ng and shall be deemed sufficient notice and service thereof
if such notice to LESSEE is actually delivered to LESSEE, or sent by registered
or certified mail, return receipt requested, postage prepaid, to the lasf Post Office
address ofi LESSEE furnished to LESSOR for such purpose or fo the leased
premises; and if to LESSOR if actuaily delivered to LESSOR or if sent by
registered or certified mail, return receipt requested, postage prepaid, to the
LESSOR ai the address furnished for such purpose, or to the place then fixed for
the payment of rent.
G��9El3�i�
1.Nothing contained herein shali be deemed or construed by the parties
hereto, nor by any third party, as creating the relationship of principal and agent
or of partnership or of joint venture between the parties hereto.
= 2.One or more waivers of any term of this lease by either party shall not be
construed by the other party as a waiver of subsequent breach of the same term.
The consent or approval by either party to or of any act by the other party of a
nature requiring consent or approval shall not be deemed to waive consent to or
approvaf of any subsequent similar act.
3.The headings of the several articles contained herein are for
convenience oniy and do not limit the contents of such articles. AII negotiations,
considerations, representations and understandings between the parties are
incorporated herein, and may b2 modified or altered oniy by agreement in writing
between the parties.
4.The covenants and obligations herein shall e�end to, bind and inure to
the benefit of not only the parties hereto, but their respective personal
representatives, heirs, successors and assigns.
5.Unenforceability of any provision contained in this lease shall not affect
or impair the validity of any other provision of this lease.
6.The laws of the State of Minnesota sha11 govern the vafidity, performance
and enforcement of this lease.
For:
LESSEE
�
For: Washington County Agricultural
Society
LESSOR
By:r�C� � z�u
Treasurer
4.
OR�GINAL
Presented By:
RESOLUTION
CITY OF SAINT PAUL, NIINNESOTA
Council File #
Green Sheet #
Referred To: Committee:Date:
r ?
1 BE TT RESOLVED, That the Saint Paul Police Department is arthorized to enter into an agreement
2 with the Washington County Agricultural Society, which includes an indemnification clanse, to
3 provide a large field, building, and roadways for the Mobile Field Force Tactics Training on
4 November 5,1999. A copy oi said agreement is to be kept on file and on record in the Office of
5 Financial5ervices.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
Requested by �rtment of:
B
by
�
by
��
1 Se uy:
By:
Z'
�
��
9q - 9�
1��311
washingtoncoagri99-2
Police
Chief Finney 292-3588
09JO1J99
� rort
TOTAL # OF SIGNATURE PAGES
GREEN SHEET
q�l•9ao
No � ���1 �
(J ��.,.�� q� A R 1� �„�.
� arv�rranEr '•'.! �_ ❑ emrmu _
❑ n�wcw�aaru�ceane. ❑ rwxeuum
� W �� .�
(CUP ALL OCATIONS FOR SIGNATURE)
Signatures re4uested on attached Council Resolution.
PIANNING COMMISSION
CIB CAMMITTEE �
CIVIL SERVICE COMMISSION
Hes tnis aersoNfiim e�+erwwkea unaer a contract r« tl�is Eepartment7
VES NO
Fias Mis paeaMfirm e�r 6een a ply empbyee7
YES �
ooes mrc oersmlfim� a�ssecc a s�a� no� namenra� M�r cwreirt cnv emw�Yee7
YES NO
Is this µveaJfirm a taryetetl vendort
YES NO
The Saint Paul Police Department will need to train the 1999-2 Recruit Academy in Mobile
Field Force Tactics to prepare for Y2K and possible civil unrest. The training requires a
very large field, building, and roadways away from populated areas due to the use of sirens
and blanks being fired.
IF APPROVED
The training will be conducted and the Department will be read fo le Y2K problems.
,�������
... �" . �. r � �.
�.��� �.
would either not take place or would disturb City residents.
oFrwwsncnons 150.00 COST/REVENUEBUDGETED(CIRCLEONE)
General Fund 4303
SOURCE ACTNRY NIAdBER
001-04303-0282-40060
INFORMATON (IXPWN)
YES NO
VV�Ut i3Q�c�n�� b
�
qo o
LEASE AGREEMEI�6T Q ��
This lease, made this 29th day of July, 7999 is by and between Washington
County Agricultural Society, a non-profit corporation, herein after called fhe
LESSOR and St. Paul Police Dept. Training Unit herein after called
the LESSEE. Failure to return this lease agreement within fhirty (30) days of the
abdve date will resuft in its termination.
1. LESSOR hereby leases to LESSEE the Washington County
Fairgrounds, located in the Town ofi Baytown, Washington County, Minnesota.
2. X LESSOR hereby leases to LESSEE a portion of the Washington
County Fairgrounds, located in the Town of Baytown, Washington County,
Minnesota. The portion described as follows:
FBooley 9�lall/McFair Road/Main IZing
TEP29Vi "
1.To have and to hold the leased premises unto the LESSEE for a term of
1 day, commencing at 12:00 A.M. on the 5th day of November, 1999 and
ending at 11:59 P.M. on the 5th day of November, 1999.
RENT
1.The rent for the term shall be $�L50.00 dollars. Such rent shall be paid
as follows: $150.00 within ten (10) days of signing this lease. $0.00 prior to
the commencing date of this lease agreement.
t1SE
1.The leased property may be used and occupied only for:
Riot Confrol Director Training
a�d for no other purposes without the written consent of LESSOR. LESSEE shail
comply with all laws, ordinances and regulations afifecting the leased property,
and promulgated by any duly constituted governmental authority. LESSEE shall
also comply with any insurance company requirements affecting the cleaniiness,
safety, use or occupancy of the leased property. Upon expiration of the term the
buildings and grounds must be cieaned and vacated in the same condition as at
the beginning of the term. This includes but is not limited to, removing and
disposing ofi ail trash. Any repairs or replacements necessary to restore the
property to the condition at the beginning of the term shall be paid by the
LESSOR and the LESSOR shail be fuily reimbursed by the LESSEE.
qq .qoo
INDEMNITY
9.LESSEE agrees to indemnify LESSOR against any and all claims,
demands, damages, costs and expenses, including reasonable attorney's fees
arising from the business conducted by the LESSEE on the leased property or
from any breach or default on the part of the LESSEE in the performance of any
covenant or agreement on the part ofi the LESSEE to be perFormed pursuant to
the�terms of this lease, or from any act of negligence of LESSEE, it's agents,
contractors, servants, employees, concessionaires or licensees. In case of any
action or proceeding brought against LESSOR by reason of any such claim, upon
notice from LESSOR, LESSEE covenants to defend such action or proceeding by
council reasonably satisfactory to �ESSOR. LESSOR shail not be liabie and
LESSEE waives all claims for damage to person or property sustained to
LESSEE or LESSEE's employees, agents, servants, invitees and customers
resulting from the buildings or grounds on which the leased premises are Iocated
or by reason of the leased premises or any equipment or appurtenances
thereunto appertaining becoming out of repair, or resulting from any accident in or
about the leased premises, or resuiting in any act or neglect of any other
= LESSEE on said premises. All property belonging to LESSEE or any occupant of
the leased premises shall be there at the risk of LESSEE or such other person
only, and LESSOR shall not be liable for damage thereto or theft or
misappropriation thereof.
INSURANCE
1.LESSEE agrees to maintain a policy or policies of insurance, at its own
cost and expense, insuring LESSEE and LESSOR from all claims, demands or
actions for injury or death of any one person in an amount of not less than
$1,000,000 and for injury to or death of more than one person in any one accident
to the limit of $1,000,000 and for damage to property in an amount of not less
than $1,000,000, made on or on behalf of any person or persons, firm or
corporation arising from, related to, or connected with, the leased premises.
EiV91NENT DOiNA1N
1.If the leased premises shall be taken under the power of eminent
domain, then the term of this lease shall cease as of the day possession shall be
taken by the condemning authority, and the rent shail be paid up to that date.
2.Ali damages awarded for any such taking under the power of eminent
domain shaN be that propesty of LESSOR, whether such damages sha(I be
awarded as compensation for diminution in value of the leasehold or to the fee of
the leased premises.
2.
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DAMAGE BY FIRE OR OTHER CASUALTY
in case the leased premises shall be partially or totally destroyed by fire
casualty so as to become partialiy or totally unattainable, #he same shall be
repaired as speediiy as possible at the expense of LESSOR unless LESSOR
shail elect not to rebuild, in which case by notice in writing LESSOR may
terminate this lease, and a just and proportionate part of the rent shall be abated
untrl so repaired based upon the time and to the extent the leased premises are
untenantable.
�►SSI�aNME1VT AN6 �11�L�'(°fING
1.LESSEE shall not assign or in any manner transfer this lease or any
interest therein, nor sublet said leased premises or any part thereof, nor permit
occupancy by anyone with, through or under it, without the previous written
consent of LESSOR.
2.Neither this lease nor any interest therein, nor any estate thereby
z created, shall pass to any trustees or receiver in bankruptcy, or any assignees for
the benefit of creditors, or by operation of law.
I�CCES� TO �REMiSES
1.LESSOR shall have the right to enter the leased premises at all
reasonable hours, upon written notice, for the purpose of inspecting the same or
of making repairs, additions or alterations thereto.
5liiifLEfV��� OF FTOSSESSION
1.At the expiration of the tenancy created hereunder, whether by lapse ofi
time or otherwise, �ESSEES shall surrender the leased premises in good
condition and repair. tf the feased premises are not surrendered at the end of the
term or the sooner termination thereof, LE5SEE shall indemnify LESSOR against
loss or (iability resulting from delay by LESSEE in so surrendering the leased
premises, including, without limitation, ciaims made by any succeeding tenant
founded on such delay.
2.In the evenf LESSEE remains in possession of the leased premises after
the expiration of the tenancy created hereunder, and without the execution of a
new lease, it shaVi be deemed to be occupying the leased premises as a tenant
from day to day, at twice the stated rent, subject to all the other conditions,
provisions and obligations of fhis lease insofar as the same are applicable to a
day to day tenancy, provided said possession is with LESSOR's consent.
q9 .qoo
3.
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NOTICES
1.Whenever under this lease provision is made for notice of any kind, such
notice shall be in writ+ng and shall be deemed sufficient notice and service thereof
if such notice to LESSEE is actually delivered to LESSEE, or sent by registered
or certified mail, return receipt requested, postage prepaid, to the lasf Post Office
address ofi LESSEE furnished to LESSOR for such purpose or fo the leased
premises; and if to LESSOR if actuaily delivered to LESSOR or if sent by
registered or certified mail, return receipt requested, postage prepaid, to the
LESSOR ai the address furnished for such purpose, or to the place then fixed for
the payment of rent.
G��9El3�i�
1.Nothing contained herein shali be deemed or construed by the parties
hereto, nor by any third party, as creating the relationship of principal and agent
or of partnership or of joint venture between the parties hereto.
= 2.One or more waivers of any term of this lease by either party shall not be
construed by the other party as a waiver of subsequent breach of the same term.
The consent or approval by either party to or of any act by the other party of a
nature requiring consent or approval shall not be deemed to waive consent to or
approvaf of any subsequent similar act.
3.The headings of the several articles contained herein are for
convenience oniy and do not limit the contents of such articles. AII negotiations,
considerations, representations and understandings between the parties are
incorporated herein, and may b2 modified or altered oniy by agreement in writing
between the parties.
4.The covenants and obligations herein shall e�end to, bind and inure to
the benefit of not only the parties hereto, but their respective personal
representatives, heirs, successors and assigns.
5.Unenforceability of any provision contained in this lease shall not affect
or impair the validity of any other provision of this lease.
6.The laws of the State of Minnesota sha11 govern the vafidity, performance
and enforcement of this lease.
For:
LESSEE
�
For: Washington County Agricultural
Society
LESSOR
By:r�C� � z�u
Treasurer
4.