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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. - .. 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.