00-595�RlG�IUAL
Council FYIe #
Green Sheet #
Presented By:
Referred To:
Committee:Date:
BE TT RESOLVED, that the City of Saint Panl Police Department is authorized to enter into an
agreement with Waslvngton County Agricultural Society to use the Washington County Fairgrounds
on June 21, 2000 to train the 2000.2 recruit academy in Mobile Field Force Tactics. A copy of this
is to be kept on file and on record in the Office of �Ynancial Services.
by Department of:
Bostrom
Co/eman
Reite.
Adopted by Council: Date:
Adopfion ertiSed by Commcil �eretary:
BY� '� � n�. �
Approved by Mayor: te: J �1 ZB�p
By:
RESOLUTION
CITY OF SAINT PAUL, MIIVNESOTA
1�
oo-sgs
107002
Polic
B � . .r
Form pr ed by City orney:
BY: . 2
Approve y ay for Submission to Council:
B
washingtoncountyfairgrounds.cr
:f�Poiice-Department
Chief Finney 292-3588
OS
TOTAL � OF SICaNANRE PAGES
` I GREEN SHEET
miuer�r owicraR
� v �
0� �SQ �
No i 07002
a�reara
v
o�.,�� o��
o���� ❑��,.�
❑ wvaRroR�sr ❑
(CLIP ALL LOCATIONS FOR SIGNATUR�
Signatures requested on attached Council Resoultion.
PLANNING COMMISSION
CIB COMMfTTEE
CIVIL SERVICE COMMISSION
� t Has mis aeraonlfim� aver woncea under a contract r« m: aepartment9
YEa^ NO
2. Hm Mia P�� ever heen e dlY amWoYa7 .
rES rro
_ 3. Does Mis perLONfirm possess a eiall not namallyposseaeetl by airy wrtent cily employee?
YES NO
_ � 4. IsMiepercoNfiimqterpetedventlof7
YES NO
The Saint Paul Police Department atill need to train the 2000-2 Recruit Academy in Mobile
Field Force Tactics to prepare for possible civil unrest. The training requires a very
Iarge field, building, and roadways away €rom populated areas due to the use of sirens
and blanks being fired.' '
The training will be conducted and the Department will be ready £pr�pcc �ji��';v;�pr,�st.
I�IL.V d� V
JUN 0 � 200�J
None noted.
CITY A�R"�I��I�Y
The trai.ing would either not take place or would disturb City residents.
Ah10UNT OF TRANSACTION S
001-04303-0282-40060
INFORMAiION (IXPWNJ
. - ._ _� »;;;,.;r r
COET/REVENUEBUDfiETED1GRCLEONq ES� NO
4303
�crn�nNUMe�e � b��,� . .�,�
�1�� � 2 �
°_ __. ._ _ �
_ _ _ .-- �,.��
d �
� C
OC—Vd5
LEASE AGREEMENT
This lease, made this 16th day of May, 2000 is by and between Washington
County Agricultural Society, a non-profit corporation, herein after called the
LESSOR and St. Paul Police Dept. Training Unit herein after calied the
LESSEE. Failure to return this lease agreement within thirty (30) days of tlie
above date witl result in its termination.
1. LESSOR hereby leases to LESSEE the Washington County
Fairgrounds, located in the Town of Baytown, Washington County, Minnesota.
2. X LESSOR hereby leases to LESSEE a portion of the Washington
Gounty Fairgrounds, located in the Town of Baytown, Washington County,
Minnesota. Only the portion described as follows will be used and
any property belonging to LESSOR will be lef4 untouched, this
includes no tape of any kind on inside or outside of buildings and
signs unless prior permission is given:
Hooley Hall/McFair Road/Main Ring
TERM
1.To have and to hold the leased premises unto the LESSEE for a term of
1 days, commencing at 12:00 A.M. on the 21st day of June, 2000 and
ending at 11:59 P.M. on the 21st day of June, 2000.
RENT
1.The rent for the term shall be �150.00 dollars. Such rent shall be paid
as foliows: �0.00 within ten (10) days of signing this lease as down payment
and damage deposit. $150.00 prior to the commencing date of this lease
agreement. The full damage deposit will be refunded wit6in 5 days
if no damage is found foilowing inspection of areas used after
event has ended.
USE
1.The leased property may be used and occupied only for:
Riot Control Director Training
and for no other purposes without the written consent of LESSOR. LESSEE
shall comply with all laws, ordinances and regulations affecting the leased
property, and promulgated by any duly constituted governmental authority.
LESSEE shall also comply with any insurance company requirements affecting
the cleanliness, safety, use or occupancy of the leased property. Upon
oo- sgs
expiration of the term the buildings and grounds must be cleaned and vacated in
the same condition as at the beginning of the term. This includes but is not
limited to, removing and disposing of ali 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 shall be fully reimbursed by the
LESSEE.
INDEMNITY
1.The LESSEE wiii indemnify the LESSOR, its officers, agents, and
employees from any damages it may be required to pay as a result of suits,
ciaims, or judgments arising out of the city's use of the premises which are
attributabie to negligent acts or omissions by the LESSEE, its employees, agents
or contractors. This indemnification shali not be construed as a waiver of the
municipal tort liability limits set forth in Minn. Stat Sec.466.01 et seq. Also, this
indemnification does not inciude injuries or damages arising from hidden traps or
dangerous conditions of the premises itself as to which the LESSOR had actual
or constructive notice; and damages or injuries arising out of occurrences or
events which are not part of the authorized use of the premises or which do not
take place on the premises.
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.
EMINENT DOMAIN
1.If the leased premises shail 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 shaii be paid up to that date.
2.All damages awarded for any such taking under the power of eminent
domain shail be that property of LESSOR, whether such damages shall be
awarded as compensation for diminution in value of the leasehold or to the fee of
the leased premises.
' DAMAGE BY FIRE OR OTHER CASUALTY
In case the ieased premises shali be partiaily or totally destroyed by ire
casualty so as to become partiaily or totally unattainabie, the same shall be
repaired as speedily as possible at the expense of LESSOR unless LESSOR
shall elect not to rebuild, in which case by notice in writing LESSOR may
terminafe this lease, and a just and proportionate part of the rent shall be abated
until so repaired based upon tMe time and to the extent the leased premises are
untenantable. 2•
;� '
ASSIGHMENT AND SUBtETTING
1.LFSSOR shali not assign or in any manner transfer this lease or any
interest therein, nor sublet said leased premises or any part tf�ereof, nor permit
occupancy by anyo�e with, tfirough or under it, without the previous written
consenf of LESSOR.
2,Neither this lease nor any interest therein, nor any estate thereby
created, shall pass to any trustees or receiver in bankruptcy, or any assignees for
the benefit of creditors, or by operation of law.
ACCESS TO PREMISES
7.LESSOR shaii have the right to enter the leased premises at alf
reasonable hours, upon written notice, for the purpose of inspecting the same or
of making repairs, additions or alterations thereto.
SURRENDER OF POSSESSION
1.At the expirafion of the tenancy created hereunder, whether by lapse of
time or otherwise, LESSEES shali surrender the leased premises in good
condition and repair. if the leased premises are not surrendered af the end of ffie
term or the sooner termination thereof, LESSE�'shail indemnify LESSOR against
loss or Iiability resulTing from delay by LESSEE in so surrendering the leased
premises, including, without limitation, claims made by any succeeding tenant
founded on such delay.
2.In the event LESSEE remains in possession of the leased premises
after fhe expiration of fhe tenancy created hereunder, and without the execution
of a new lease, it shali be deemed to be occupying the leased premises as a
tenant from day to day, at twice the stated rent, subject to alI the other conditions,
provisions and obligafions of this lease insofar as the same are applicable to a
day fo day tenancy, provided said possession is with LESSOR's consent.
oa-545
NOTICES
1.Whenever under this iease provision is made for notice of any kind, such
notice shalt be in writing and shali be deemed su�cient notice and service
thereof if such notice to LESSEE is actually delivered to LESSEE, or sent by
registered or cert+fied mail, refurn receipt requested, postage prepaid, to the last
Post Office address of LESSEE furnished to LESSOR for such purpose or to the
leased premises; and if to LESSOR if actually delivered fo LESSOR or if sent by
registered or certified mail, return �eceipf requested, postage prepaid, to the
LESSOR at the address furnished for such purpose, or to the place the� fixed for
the payment of rent.
3.
po- S+15
GENERAL
1.Nothing contained herein shall be deemed or cottstrued by fhe parfies
hereto, nor by any third party, as creatirtg the relationship of principal and agent
or ot partnership or of joint venture between the parties hereto.
2.Qne or more waivers of any ferm 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 parfy fo or of any act by the other party
of a nature requiring consent or approval shai! not be deemed to waive consent
to or approvai of any subsequent similar act.
3.The headings of the several articles contained herein are for
convenience only and do not limit the contents of such articles. All negotiations,
considerations, representations and understandings befween fhe parties are
incorporated herein, and may be modifed or altered only 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.
S.Unenforceabilify of any provision contained in this tease shall not affect
or impair the vafidity of any other pro�ision of this lease.
6.The iaws of the State of Minnesota shall govern the validity,
performance and enforcement of this lease.
7� � �� v�f9�itE'2 � B��M� l�� ����` �
For: Washin n County Agricultural
Society
LESSEE LESSOR
By: BY: , �"
City Attorney
Treasurer
Chief of
Office of �inancia[ Services
C!
�RlG�IUAL
Council FYIe #
Green Sheet #
Presented By:
Referred To:
Committee:Date:
BE TT RESOLVED, that the City of Saint Panl Police Department is authorized to enter into an
agreement with Waslvngton County Agricultural Society to use the Washington County Fairgrounds
on June 21, 2000 to train the 2000.2 recruit academy in Mobile Field Force Tactics. A copy of this
is to be kept on file and on record in the Office of �Ynancial Services.
by Department of:
Bostrom
Co/eman
Reite.
Adopted by Council: Date:
Adopfion ertiSed by Commcil �eretary:
BY� '� � n�. �
Approved by Mayor: te: J �1 ZB�p
By:
RESOLUTION
CITY OF SAINT PAUL, MIIVNESOTA
1�
oo-sgs
107002
Polic
B � . .r
Form pr ed by City orney:
BY: . 2
Approve y ay for Submission to Council:
B
washingtoncountyfairgrounds.cr
:f�Poiice-Department
Chief Finney 292-3588
OS
TOTAL � OF SICaNANRE PAGES
` I GREEN SHEET
miuer�r owicraR
� v �
0� �SQ �
No i 07002
a�reara
v
o�.,�� o��
o���� ❑��,.�
❑ wvaRroR�sr ❑
(CLIP ALL LOCATIONS FOR SIGNATUR�
Signatures requested on attached Council Resoultion.
PLANNING COMMISSION
CIB COMMfTTEE
CIVIL SERVICE COMMISSION
� t Has mis aeraonlfim� aver woncea under a contract r« m: aepartment9
YEa^ NO
2. Hm Mia P�� ever heen e dlY amWoYa7 .
rES rro
_ 3. Does Mis perLONfirm possess a eiall not namallyposseaeetl by airy wrtent cily employee?
YES NO
_ � 4. IsMiepercoNfiimqterpetedventlof7
YES NO
The Saint Paul Police Department atill need to train the 2000-2 Recruit Academy in Mobile
Field Force Tactics to prepare for possible civil unrest. The training requires a very
Iarge field, building, and roadways away €rom populated areas due to the use of sirens
and blanks being fired.' '
The training will be conducted and the Department will be ready £pr�pcc �ji��';v;�pr,�st.
I�IL.V d� V
JUN 0 � 200�J
None noted.
CITY A�R"�I��I�Y
The trai.ing would either not take place or would disturb City residents.
Ah10UNT OF TRANSACTION S
001-04303-0282-40060
INFORMAiION (IXPWNJ
. - ._ _� »;;;,.;r r
COET/REVENUEBUDfiETED1GRCLEONq ES� NO
4303
�crn�nNUMe�e � b��,� . .�,�
�1�� � 2 �
°_ __. ._ _ �
_ _ _ .-- �,.��
d �
� C
OC—Vd5
LEASE AGREEMENT
This lease, made this 16th day of May, 2000 is by and between Washington
County Agricultural Society, a non-profit corporation, herein after called the
LESSOR and St. Paul Police Dept. Training Unit herein after calied the
LESSEE. Failure to return this lease agreement within thirty (30) days of tlie
above date witl result in its termination.
1. LESSOR hereby leases to LESSEE the Washington County
Fairgrounds, located in the Town of Baytown, Washington County, Minnesota.
2. X LESSOR hereby leases to LESSEE a portion of the Washington
Gounty Fairgrounds, located in the Town of Baytown, Washington County,
Minnesota. Only the portion described as follows will be used and
any property belonging to LESSOR will be lef4 untouched, this
includes no tape of any kind on inside or outside of buildings and
signs unless prior permission is given:
Hooley Hall/McFair Road/Main Ring
TERM
1.To have and to hold the leased premises unto the LESSEE for a term of
1 days, commencing at 12:00 A.M. on the 21st day of June, 2000 and
ending at 11:59 P.M. on the 21st day of June, 2000.
RENT
1.The rent for the term shall be �150.00 dollars. Such rent shall be paid
as foliows: �0.00 within ten (10) days of signing this lease as down payment
and damage deposit. $150.00 prior to the commencing date of this lease
agreement. The full damage deposit will be refunded wit6in 5 days
if no damage is found foilowing inspection of areas used after
event has ended.
USE
1.The leased property may be used and occupied only for:
Riot Control Director Training
and for no other purposes without the written consent of LESSOR. LESSEE
shall comply with all laws, ordinances and regulations affecting the leased
property, and promulgated by any duly constituted governmental authority.
LESSEE shall also comply with any insurance company requirements affecting
the cleanliness, safety, use or occupancy of the leased property. Upon
oo- sgs
expiration of the term the buildings and grounds must be cleaned and vacated in
the same condition as at the beginning of the term. This includes but is not
limited to, removing and disposing of ali 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 shall be fully reimbursed by the
LESSEE.
INDEMNITY
1.The LESSEE wiii indemnify the LESSOR, its officers, agents, and
employees from any damages it may be required to pay as a result of suits,
ciaims, or judgments arising out of the city's use of the premises which are
attributabie to negligent acts or omissions by the LESSEE, its employees, agents
or contractors. This indemnification shali not be construed as a waiver of the
municipal tort liability limits set forth in Minn. Stat Sec.466.01 et seq. Also, this
indemnification does not inciude injuries or damages arising from hidden traps or
dangerous conditions of the premises itself as to which the LESSOR had actual
or constructive notice; and damages or injuries arising out of occurrences or
events which are not part of the authorized use of the premises or which do not
take place on the premises.
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.
EMINENT DOMAIN
1.If the leased premises shail 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 shaii be paid up to that date.
2.All damages awarded for any such taking under the power of eminent
domain shail be that property of LESSOR, whether such damages shall be
awarded as compensation for diminution in value of the leasehold or to the fee of
the leased premises.
' DAMAGE BY FIRE OR OTHER CASUALTY
In case the ieased premises shali be partiaily or totally destroyed by ire
casualty so as to become partiaily or totally unattainabie, the same shall be
repaired as speedily as possible at the expense of LESSOR unless LESSOR
shall elect not to rebuild, in which case by notice in writing LESSOR may
terminafe this lease, and a just and proportionate part of the rent shall be abated
until so repaired based upon tMe time and to the extent the leased premises are
untenantable. 2•
;� '
ASSIGHMENT AND SUBtETTING
1.LFSSOR shali not assign or in any manner transfer this lease or any
interest therein, nor sublet said leased premises or any part tf�ereof, nor permit
occupancy by anyo�e with, tfirough or under it, without the previous written
consenf of LESSOR.
2,Neither this lease nor any interest therein, nor any estate thereby
created, shall pass to any trustees or receiver in bankruptcy, or any assignees for
the benefit of creditors, or by operation of law.
ACCESS TO PREMISES
7.LESSOR shaii have the right to enter the leased premises at alf
reasonable hours, upon written notice, for the purpose of inspecting the same or
of making repairs, additions or alterations thereto.
SURRENDER OF POSSESSION
1.At the expirafion of the tenancy created hereunder, whether by lapse of
time or otherwise, LESSEES shali surrender the leased premises in good
condition and repair. if the leased premises are not surrendered af the end of ffie
term or the sooner termination thereof, LESSE�'shail indemnify LESSOR against
loss or Iiability resulTing from delay by LESSEE in so surrendering the leased
premises, including, without limitation, claims made by any succeeding tenant
founded on such delay.
2.In the event LESSEE remains in possession of the leased premises
after fhe expiration of fhe tenancy created hereunder, and without the execution
of a new lease, it shali be deemed to be occupying the leased premises as a
tenant from day to day, at twice the stated rent, subject to alI the other conditions,
provisions and obligafions of this lease insofar as the same are applicable to a
day fo day tenancy, provided said possession is with LESSOR's consent.
oa-545
NOTICES
1.Whenever under this iease provision is made for notice of any kind, such
notice shalt be in writing and shali be deemed su�cient notice and service
thereof if such notice to LESSEE is actually delivered to LESSEE, or sent by
registered or cert+fied mail, refurn receipt requested, postage prepaid, to the last
Post Office address of LESSEE furnished to LESSOR for such purpose or to the
leased premises; and if to LESSOR if actually delivered fo LESSOR or if sent by
registered or certified mail, return �eceipf requested, postage prepaid, to the
LESSOR at the address furnished for such purpose, or to the place the� fixed for
the payment of rent.
3.
po- S+15
GENERAL
1.Nothing contained herein shall be deemed or cottstrued by fhe parfies
hereto, nor by any third party, as creatirtg the relationship of principal and agent
or ot partnership or of joint venture between the parties hereto.
2.Qne or more waivers of any ferm 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 parfy fo or of any act by the other party
of a nature requiring consent or approval shai! not be deemed to waive consent
to or approvai of any subsequent similar act.
3.The headings of the several articles contained herein are for
convenience only and do not limit the contents of such articles. All negotiations,
considerations, representations and understandings befween fhe parties are
incorporated herein, and may be modifed or altered only 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.
S.Unenforceabilify of any provision contained in this tease shall not affect
or impair the vafidity of any other pro�ision of this lease.
6.The iaws of the State of Minnesota shall govern the validity,
performance and enforcement of this lease.
7� � �� v�f9�itE'2 � B��M� l�� ����` �
For: Washin n County Agricultural
Society
LESSEE LESSOR
By: BY: , �"
City Attorney
Treasurer
Chief of
Office of �inancia[ Services
C!
�RlG�IUAL
Council FYIe #
Green Sheet #
Presented By:
Referred To:
Committee:Date:
BE TT RESOLVED, that the City of Saint Panl Police Department is authorized to enter into an
agreement with Waslvngton County Agricultural Society to use the Washington County Fairgrounds
on June 21, 2000 to train the 2000.2 recruit academy in Mobile Field Force Tactics. A copy of this
is to be kept on file and on record in the Office of �Ynancial Services.
by Department of:
Bostrom
Co/eman
Reite.
Adopted by Council: Date:
Adopfion ertiSed by Commcil �eretary:
BY� '� � n�. �
Approved by Mayor: te: J �1 ZB�p
By:
RESOLUTION
CITY OF SAINT PAUL, MIIVNESOTA
1�
oo-sgs
107002
Polic
B � . .r
Form pr ed by City orney:
BY: . 2
Approve y ay for Submission to Council:
B
washingtoncountyfairgrounds.cr
:f�Poiice-Department
Chief Finney 292-3588
OS
TOTAL � OF SICaNANRE PAGES
` I GREEN SHEET
miuer�r owicraR
� v �
0� �SQ �
No i 07002
a�reara
v
o�.,�� o��
o���� ❑��,.�
❑ wvaRroR�sr ❑
(CLIP ALL LOCATIONS FOR SIGNATUR�
Signatures requested on attached Council Resoultion.
PLANNING COMMISSION
CIB COMMfTTEE
CIVIL SERVICE COMMISSION
� t Has mis aeraonlfim� aver woncea under a contract r« m: aepartment9
YEa^ NO
2. Hm Mia P�� ever heen e dlY amWoYa7 .
rES rro
_ 3. Does Mis perLONfirm possess a eiall not namallyposseaeetl by airy wrtent cily employee?
YES NO
_ � 4. IsMiepercoNfiimqterpetedventlof7
YES NO
The Saint Paul Police Department atill need to train the 2000-2 Recruit Academy in Mobile
Field Force Tactics to prepare for possible civil unrest. The training requires a very
Iarge field, building, and roadways away €rom populated areas due to the use of sirens
and blanks being fired.' '
The training will be conducted and the Department will be ready £pr�pcc �ji��';v;�pr,�st.
I�IL.V d� V
JUN 0 � 200�J
None noted.
CITY A�R"�I��I�Y
The trai.ing would either not take place or would disturb City residents.
Ah10UNT OF TRANSACTION S
001-04303-0282-40060
INFORMAiION (IXPWNJ
. - ._ _� »;;;,.;r r
COET/REVENUEBUDfiETED1GRCLEONq ES� NO
4303
�crn�nNUMe�e � b��,� . .�,�
�1�� � 2 �
°_ __. ._ _ �
_ _ _ .-- �,.��
d �
� C
OC—Vd5
LEASE AGREEMENT
This lease, made this 16th day of May, 2000 is by and between Washington
County Agricultural Society, a non-profit corporation, herein after called the
LESSOR and St. Paul Police Dept. Training Unit herein after calied the
LESSEE. Failure to return this lease agreement within thirty (30) days of tlie
above date witl result in its termination.
1. LESSOR hereby leases to LESSEE the Washington County
Fairgrounds, located in the Town of Baytown, Washington County, Minnesota.
2. X LESSOR hereby leases to LESSEE a portion of the Washington
Gounty Fairgrounds, located in the Town of Baytown, Washington County,
Minnesota. Only the portion described as follows will be used and
any property belonging to LESSOR will be lef4 untouched, this
includes no tape of any kind on inside or outside of buildings and
signs unless prior permission is given:
Hooley Hall/McFair Road/Main Ring
TERM
1.To have and to hold the leased premises unto the LESSEE for a term of
1 days, commencing at 12:00 A.M. on the 21st day of June, 2000 and
ending at 11:59 P.M. on the 21st day of June, 2000.
RENT
1.The rent for the term shall be �150.00 dollars. Such rent shall be paid
as foliows: �0.00 within ten (10) days of signing this lease as down payment
and damage deposit. $150.00 prior to the commencing date of this lease
agreement. The full damage deposit will be refunded wit6in 5 days
if no damage is found foilowing inspection of areas used after
event has ended.
USE
1.The leased property may be used and occupied only for:
Riot Control Director Training
and for no other purposes without the written consent of LESSOR. LESSEE
shall comply with all laws, ordinances and regulations affecting the leased
property, and promulgated by any duly constituted governmental authority.
LESSEE shall also comply with any insurance company requirements affecting
the cleanliness, safety, use or occupancy of the leased property. Upon
oo- sgs
expiration of the term the buildings and grounds must be cleaned and vacated in
the same condition as at the beginning of the term. This includes but is not
limited to, removing and disposing of ali 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 shall be fully reimbursed by the
LESSEE.
INDEMNITY
1.The LESSEE wiii indemnify the LESSOR, its officers, agents, and
employees from any damages it may be required to pay as a result of suits,
ciaims, or judgments arising out of the city's use of the premises which are
attributabie to negligent acts or omissions by the LESSEE, its employees, agents
or contractors. This indemnification shali not be construed as a waiver of the
municipal tort liability limits set forth in Minn. Stat Sec.466.01 et seq. Also, this
indemnification does not inciude injuries or damages arising from hidden traps or
dangerous conditions of the premises itself as to which the LESSOR had actual
or constructive notice; and damages or injuries arising out of occurrences or
events which are not part of the authorized use of the premises or which do not
take place on the premises.
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.
EMINENT DOMAIN
1.If the leased premises shail 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 shaii be paid up to that date.
2.All damages awarded for any such taking under the power of eminent
domain shail be that property of LESSOR, whether such damages shall be
awarded as compensation for diminution in value of the leasehold or to the fee of
the leased premises.
' DAMAGE BY FIRE OR OTHER CASUALTY
In case the ieased premises shali be partiaily or totally destroyed by ire
casualty so as to become partiaily or totally unattainabie, the same shall be
repaired as speedily as possible at the expense of LESSOR unless LESSOR
shall elect not to rebuild, in which case by notice in writing LESSOR may
terminafe this lease, and a just and proportionate part of the rent shall be abated
until so repaired based upon tMe time and to the extent the leased premises are
untenantable. 2•
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ASSIGHMENT AND SUBtETTING
1.LFSSOR shali not assign or in any manner transfer this lease or any
interest therein, nor sublet said leased premises or any part tf�ereof, nor permit
occupancy by anyo�e with, tfirough or under it, without the previous written
consenf of LESSOR.
2,Neither this lease nor any interest therein, nor any estate thereby
created, shall pass to any trustees or receiver in bankruptcy, or any assignees for
the benefit of creditors, or by operation of law.
ACCESS TO PREMISES
7.LESSOR shaii have the right to enter the leased premises at alf
reasonable hours, upon written notice, for the purpose of inspecting the same or
of making repairs, additions or alterations thereto.
SURRENDER OF POSSESSION
1.At the expirafion of the tenancy created hereunder, whether by lapse of
time or otherwise, LESSEES shali surrender the leased premises in good
condition and repair. if the leased premises are not surrendered af the end of ffie
term or the sooner termination thereof, LESSE�'shail indemnify LESSOR against
loss or Iiability resulTing from delay by LESSEE in so surrendering the leased
premises, including, without limitation, claims made by any succeeding tenant
founded on such delay.
2.In the event LESSEE remains in possession of the leased premises
after fhe expiration of fhe tenancy created hereunder, and without the execution
of a new lease, it shali be deemed to be occupying the leased premises as a
tenant from day to day, at twice the stated rent, subject to alI the other conditions,
provisions and obligafions of this lease insofar as the same are applicable to a
day fo day tenancy, provided said possession is with LESSOR's consent.
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NOTICES
1.Whenever under this iease provision is made for notice of any kind, such
notice shalt be in writing and shali be deemed su�cient notice and service
thereof if such notice to LESSEE is actually delivered to LESSEE, or sent by
registered or cert+fied mail, refurn receipt requested, postage prepaid, to the last
Post Office address of LESSEE furnished to LESSOR for such purpose or to the
leased premises; and if to LESSOR if actually delivered fo LESSOR or if sent by
registered or certified mail, return �eceipf requested, postage prepaid, to the
LESSOR at the address furnished for such purpose, or to the place the� fixed for
the payment of rent.
3.
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GENERAL
1.Nothing contained herein shall be deemed or cottstrued by fhe parfies
hereto, nor by any third party, as creatirtg the relationship of principal and agent
or ot partnership or of joint venture between the parties hereto.
2.Qne or more waivers of any ferm 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 parfy fo or of any act by the other party
of a nature requiring consent or approval shai! not be deemed to waive consent
to or approvai of any subsequent similar act.
3.The headings of the several articles contained herein are for
convenience only and do not limit the contents of such articles. All negotiations,
considerations, representations and understandings befween fhe parties are
incorporated herein, and may be modifed or altered only 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.
S.Unenforceabilify of any provision contained in this tease shall not affect
or impair the vafidity of any other pro�ision of this lease.
6.The iaws of the State of Minnesota shall govern the validity,
performance and enforcement of this lease.
7� � �� v�f9�itE'2 � B��M� l�� ����` �
For: Washin n County Agricultural
Society
LESSEE LESSOR
By: BY: , �"
City Attorney
Treasurer
Chief of
Office of �inancia[ Services
C!