01-142ORIGINAL
Presented By
Referred to
council File # O \ � ly�
creen sheet # Io6G� 4
Committee: Date
1 WHEREAS, the City has undertaken various projects related to
2 the renovation of Harriet Island Regional Park, and
3 WHEREAS, as part of the plans for redevelopment of Harriet
4 Island Regional Park, the University of Minnesota Showboat wi11
5 be located in the park along the banks of the Mississippi River,
6 and
7 wHEREAS, the Showboat facility will be used to host
8 scheduled University Theatre performances, and
9 WHEREAS, the City's previous agreement with the University
10 was voided when the Centennial Showboat was lost to fire: now,
11 therefore, be it
12 RESOLVED, that proper City officials
13 directed and authorized to enter into the
14 agreement with the University of Minnesota
15 Showboat in Harriet Island Regional Park.
16
17
Yeas Nays Absent
Benanav �
Blakey_ _�/
Bostrom �_
Harris �/
Coleman_ ,/
Lantry �
Rei ter �G
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Adopted by Council: Date � D yo �y �-p0\
Adoption Certified by Council Secretary
BY � ��'�3—:��
Approved by Mayor: Date: ��(Q � �� /
By` ��'��,������ �
and staff are hereby
attached lease
for locating a
Request by:
Divis'o of Parks an
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Form Approved by City
By: - ��-�
Approved by Mayor for Submission to
Counci
By: �� ���
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DEPARTMENT/OFFICE/COUNCIL DATEINITIATED GREEN SHEET NO. 106664
Parks and Recreation 2 ��� p �
CONTACT PERSON AND PHONE INITIAL/DATE INITIAL/DATE
Mike Hahm 266-6444 �{\ 1 DEPAFSMEtJYD1RECTOR 4 cmrcourva�
ASSIGN .
NUMBER FOft� Z CITY ATTORNEY _GIiY CLERK
MUST BE ON COUNCIL AGENDA BV (DATEI ROUi1NG /
ORDEfl BUDGEf DIRECTOfl FIN. & MGT. SEFVILES DIR.
2/14/Ol .3 MAYOR (OR ASSISTANn 5 Parks & Recreation - 300 CHA
TOTAL 8 OF SIGNANftE PAGES � (CUP ALL LOCAiIONS FOR SIGNA7URE1
ACTION REQUESTED:
Authorizing City Officials and staff to enter into Lease Agreement with the University of Minnesota for locating the
Showboat in Harriet Island Regionai Park.
REGOMMENDATIONS: Approve (A) or Rejett (FI PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
__PLANNING COMMISSION _CIVIL SERVICE GOMMISSION �. Has [his person/firm ev¢r worketl untler a contrac[ tor [nis tlepar[menV
QB COMMITTEE _ VES NO
p. STAPF 2. Has [his persoNfrtm ever been a ciry employee?
VES NO
DISTRICT COUNCIL
-- — 3. Does this persoNfirm possess a skiil no[ normaily possessed by any current cRy employee?
SUPPORTS WHICH COUNCIL OBJECTNE? VES NO
Ezplain all yes answers on separote sheet and attach m green sheet.
INITIATING PROBLEM, ISSUE, OPPORTUNIiY (Who, Whac, When, Where, Why):
The City has undertaken an extensive renovation of Harriet Island Regional Park. As part of the renovation plans, the
University of Minnesota has agreed to locate its Showboat in the park. Although the City had previously entered a
similar contract with the University, a new agreement was necessitated when the Centennial Showboat was lost to fire.
ADVANTAGESIFAPPROVED:
The University will proceed with its construction of the Showboat. The public will have opportunity to attend scheduled
University Theatre performances, beginning in the 2002 season.
DISADVANTAGES IF APPROVED:
N/A
DISADVANTAGES IF NOT APPROVED:
The University will not proceed with its construction of the Showboat until an agreement is finalized.
TOTALAMOUNTOFTRANSACTION � $�, �]�US 15% of selected revenues COST/REVENUEBUDGETED(CIRCLEONE� VES NO
FUNDINGSOURCE Special Services Fund - Harriet Island ACTIVITYNUM6ER 325-23705
FINANCIAI INFORMATION: (EXPLAIN� y1�����1 (=,r����
fp 3i V
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University File: L-599
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LEASE AGREEMENT
THIS LEASE AGREEMENT, made this day of , 2001, is by and between
City of Saint Paul, a municipal corporation (hereinafter referred to as"Lessor" or "City") and
Regents of the University of Minnesota, a Minnesota consritutional educational corporation
(hereinafter referred to as "Lessee" or "University").
I. Premises
1.1 The CITY, in consideration of the rents and covenants hereinafter mentioned, does
hereby lease unto LTNIVERSITY, and LJNIVERSITY does hereby take from CITY the
following described areas, situated in the County of Ramsey, and State of Minnesota,
described as follows:
1.1.1 Dockine. A location downstream from the Harriet Island Pazk Pavilion, Saint
Paul, Minnesota at the 839.1 River Mile for exclusive docking of the University
of Minnesota's Showboat (hereinafter "Showboat") the Docking Site, shown on
Exhibits A-1 and A-2 (the dock and docking facilifies).
1.1.2 Ticketing Facilitv. A building for non-exclusive use by the iJNIVERSITY as a
ticketing facility, shown on Exhibit B-1 (hereinafter "Ticketing Facility") for the
Showboat. The LTNIVERSITY shall have use of the Ticketing Facility when
needed as it is required for Showboat events.
I.2 Pazkine and Restrooms. The CITY will provide and maintain parking and restrooms
within Harriet Island Regional Pazk that serve the Showboat as weil as other areas and
attractions within the park. Nothing herein is intended to convey exclusive use by Lessee
of any parking or restroom facilities.
1.3 Alterations. UNIVERSITY will be advised of and wilt have the right to review and
approve any changes that substantially affect its use of the Ticketing Facility and
Docking Site as shown on Exhibits A-1, A-2 and B-1 priar to the implementation of any
changes.
1.4 Suitabilitv. CITY agrees to provide and maintain Docking Site and Ticketing Facilities
shown in Exhibits A-1, A-2 and B-1 with accessibility and facilities in compliance with
all applicable laws, rules, ordinances and regulations as issued by any federal, state or
local political subdivisions having jurisdiction and authority in connection with said
property
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II. Permitted Use
2.1 The iJNIVERSITY will use the Docking Site and the Ticketing Facility for the docking
and mooring of the Showboat and for the perfomung arts productions, courses, seminazs,
meetings and related acfivifies for the University of Minnesota. The I7NIVERSITY may
use or offer the use of the Showboat to other groups or individuals for other uses,
provided that they are not prohibited by title restrictions on the record for the property, or
othercvise prohibited by state, federal or local law, regulation or rule. The iJNIVERSITY
shall provide a preliminary schedule of such individual uses to the CITY on or before
April 1�` of each year and also upon request. Notwithstanding the foregoing, the CITY
reserves the right to prohibit any use which it determines is inconsistent with or
negatively impacts the operation of Harriet Island Regional Park. The CITY's failure to
prohibit an event or type of use shall not act as a waiver of its right to object to such use
or event in the future.
2.2 Short term use for the purposes and by the groups or individuals detailed above shall not
constitute a sublease under 5.1.
III. Term
3.1 Term. The initial term of this Lease shall be for Fifteen Years, commencing on the date
of arrival of the Showboat at Harriet Island, not to precede October 1, 2001, or earlier if
agreed to by both parties, and ending on and including the last day of September, 2016,
unless earlier terminated as herein provided in Section 7 of this agreement.
3.1.1 Alternate Dockine. If the Showboat anives at Harriet Island prior to October l,
2001, and the docking facilities (Pursuant to Article 1.1.1) are not available for
immediate tenancy, the CITY shall arrange for an alternate location until such a
time when said docking facilities are available.
3.2 Renewal Options. The LTNIVERSITY and CITY may extend this Lease for successive
options of five (5) year(s) each which will automatically renew unless the LTNIVERSITY
and/or CITY notifies the other, in writing, of its intent to not renew the Lease at least
twelve (12) months prior to the expiration of the then current term. All terms and
conditions of the Lease Agreement applicable to the Initial Lease Term shall remain in
effect during the renewal period(s), except to the extent otherwise agreed to by the parties
in writing.
3.3 Entire Aereement. This Lease AGREEMENT is the entire agreement beriveen the parties
and includes all understandings and agreements for dock space for the SHOWBOAT. All
other agreements, including the Lease Agreement between the LTNIVERSITY and the
CITY dated March 22, 1999, are hereby declared null and void and have no further force
and effect.
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3.4 Possession. CITY does covenant that the iJNIVERSITY, on paying the rent and
perfornung the covenants herein mentioned, shall and may peaceably and quietly have,
hold and enjoy the Docking Site and Ticketing Facility for the entire term hereof.
3.5 Surrender of Premises. The UNIVERSITY will, at the termination of this Lease, remove
the Showboat from the Docking Site and will quietly yield and surrender the Docking
Site to the CITY in as good a condition as it was in when it took it, normal wear and tear
and damage from the elements excepted. At this time the UIVIVERSITY will also cease
its use of the Ticketing Facility and remove any of its property from therein.
3.6 Holdover Tenancv. In the event LTNIVERSITY remains in possession of the Docking
Site after the termination of this Lease and without execution of a new Lease, it shall be
deemed to be occupying the Docking Site as a tenant from month-to-month only, upon
the same terms and conditions contained herein, insofaz as the same terms are applicable
to a month-to-month tenancy.
IV. Rent
4.1 Rent. UNIVERSITY agrees to pay to CITY as rent for the Docking Site and use of the
Ticketing Facility, during the entire term hereof, the sum of One Dollaz ($1.00} per yeaz
for consideration.
4.2 The UNIVERSITY agrees to pay the CITY an amount equal to fifteen (15%) percent of
any gross revenues generated from payments tendered by individuals or non-University
groups that are not admission chazges for scheduled University Theatre performances,
including, but not limited to; facility rental charges, food and beverage sales, non-
University related novelty sales.
4.21 Any revenues generated by the LINIVERSITY from photography and the sale of
University related novelty sales are exempt from a percentage payment to the
CITY prescribed in 4.2.
4.2.2 In each year of this Lease Agreement, the LTNIVERSITY, at its option, may
assume responsibility for drift removal from below, beside and beneath the
docking facilities (Pursuant to Article 1.1.1) and reduce flie percentage amount
due to the CITY as described in 4.2 from 15°/o to 10%. The IJNIVERSITY must
notify the CITY, in writing, of its intent to exercise this provision by February ls'
of each year of this Agreement for it to be in effect for the year in which
notification is given.
4.23 The IINIVERSITY retains the option to provide use of the Showboat at no charge
to groups including but not limited to other tINIVERSITY units, non-profit
groups or corporations.
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4.2.4 If the iJNIVERSITY provides concession vending at all of the scheduled
University Theatre performances in any year of this AGREEMENT, a credit of
$2,000 may be deducted from payments due to the CITY, pursuant to Articles 4.2,
4.2.1 and 4.2.2, in that yeaz.
4.2.5 Payments due to the CITY, pursuant to Articles 4.2, 4.2.1, 4.2.2 and 4:L.4, shall
be paid annualiy on August ln for any payments due through the immediately
preceding June 30w, and December 27t for any payments due through the
immediately preceding November 30th.
V. Covenants & Agreements
5.1 Assienment. LJNIVERSITY agrees not to assign this Lease or any part or rights thereof,
without prior written consent of the CITY, which consent shall not be unreasonably
withheld.
5.2 Facilities. The CITY through the Division of Parks and Recreation, agrees to provide and
maintain during the entire term of this Lease Agreement facilities as described herein and
shown on E�ibits A-1, A-2, B-1, G1, G2, attached hereto and hereby declared a parts
ofthis Lease, at CITY's cost, the following:
5.2.1 Docking - The dock will run along the side of the boat, with access as shown on
E�ibit A-2.
5.2.2 The dock as constructed allows for the Showboat to be moared using the structure
and related pilings. Provisions on the Showboat for connection devices that allow
it to be secured to the dock will be the responsibility of the IJrIIVERSITY, as will
be any protective devices that protect the boat from damage from the dock and
any floating debris.
5.23 Drive-up access will be available to the shore side of the Docking Site and to the
Ticketing Facility at mutually agreed upon locations. Such access will be for the
use of the UIVIVERSITY only for the purpose of making equipment deliveries for
which it is essential to have a neazer delivery point than the adjacent parking lot.
Drive-up access will not be allowed for routine deliveries. This provision shall
not be construed to require the CITY to provide the same access for patrons,
guests or invitees of the iJNIVERSITY or groups usin� the Showboat with
permission of the UNIVERSITY.
5.2.4 Use of a ticketing facility as needed during the LTNIVERSITY performance
season and for other SHOWBOAT events, including telecommunication lines for
a phone and computer.
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5.2.5 Restrooms which aze handicap accessible designated for the audiences,
performers, etc. and available for all uses. The CITY agrees to provide three (3)
female toilets, one of which must meet ADA standazds and two (2) male toilets
(one can be a urinal) and one stall must meet ADA standazds. The CITY may
close these restrooms during the winter, therefore, they may not be available for
use by the iJNIVERSITY during any such time they aze closed for this purpose.
The CITY will consult with the iJNIVERSITY on an annual basis prior to
determining the schedule for the restrooms during the winter.
5.2.6 Handicapped parking as required by code will be provided as part of available
parking within Harriet Island Regional Park. Parking will serve the Showboat as
well as other azeas and attractions within the park.
5.2.7 Lighting for the ticket booth, entrance to the dock and all parking areas will be lit
to provide a safe environment and will meet normal standards for this type of
facility use.
5.2.8 Access to all existing utilities (electricity, sewage, water, phone) will be provided
at or in the immediate vicinity of the Ticketing Facility and Docking Site as
documented in Exhibit C. LTNIVERSITY will be responsible for providing the
appropriate metering and distribution installations, including making provisions to
extend all utility services from agreed upon locations to the Showboat, and will
provide hook-ups and meter installations each spring and cancel the service in the
off-season as needed. The LTI�IIVERSITY shall be responsible to maintain its own
utility equipment, that being the equipment that they provide and install, including
performing necessary disconnects in the event they must be accomplished due to
floods and other similar circumstances.
5.2.9. Natural gas service is not currently available for SHOWBOAT use at the
Ticketing Facility and Docking site. If the LTNIVERSITY desires such service, it
assumes the financial and engineering responsibilities related to its installation,
for such exclusive use except where such service will be available to other users.
Any installation that alters the site requires prior written approval of the CITY.
53 Utilities. The LTNIVERSITY will pay for the installation of all utility meters, for the
agreed upon uses, at the Dock Site and shall pay all utility bills for the Showboat.
5.4 Rieht of Entry. CITY shall have the right to enter the Showboat, during-business hours
upon 24 hours prior notice, provided such entry does not unduly interfere with
tTNIVERSITY's use of the Showboat and Support Facilities. This provision shall not
apply in the event of an emergency or natural disaster which requires immediate action by
the City.
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5.5 Caze of Premises. During the term of this Lease Agreement, iJNIVERSITY shall comply
with all applicable laws pertaining to its use of the Docking Site and Ticketin� Facility.
The LTNIVERSITY shall keep the Showboat in good clean and operable condition during
the entire term hereof.
5.6 Performance Schedule Notification. The LTNIVERSITY shall notify the CITY by
February ln of each yeaz of their schedule of events for the upcoming season.
5.7 Schedule Communication. The CITY shall notify the UNIVERSITY by Mazch 1S of
each yeaz of any special events planned for Harriet Island that may cause a disruption in
the activities planned for the Showboat.
5.7.1 Late Scheduled Events. The LINIVERSITY recognizes that the CITY maintains
the option to schedule special events after the initial Mazch 1 annual notification
date. To minimize the potential impacts of the special event as it is related to the
Showboat performance, the CITY will provide prompt notification to and
consultation with the iJNIVERSITY in the event of any planned additions to the
special event schedule. In accomplishing this, the CITY will work with the
UNIVERSITY to coordinate affected schedules and make a concentrated effort to
accommodate the IJNIVERSITY's needs related to the Showboat performance as
scheduled on the day of any special event. The City retains the right to schedule
such special events over the objection of the University if the parties are unable to
cooperatively agree on such scheduling.
5.8 Maintenance Communication. The L3NIVERSITY shall notify and schedule with the
CITY any maintenance work that needs to be done on the Showboat that may interfere
with other Pazk activities at Harriet Island Park. Major maintenance projects shall be
executed off the Harriet Island site.
5.9 Liabilitv. The LTNIVERSITY hereby agrees to defend, indexnnify and hold the CITY
and any of its officers, agents and employees hannless from any claims, damages, or
causes of action arising from the use and operations of the Showboat by UNIVERSITY,
its agents, officers, or employees. The UNIVERSITY shall provide at its own cost and
expense, liability insurance naming the CITY as an additional insured thereon. Insurance
shall cover injury to persons or property in an amount not less than the limits of the
CITY's liability as set forth in Minn. Stat. 466.01 et seq (currently $300,000 individual,
$750,000 aggregate, with the aggregate limit increasing to $1,000,000 on Januazy 1,
2000). iJNIVERSITY shall provide evidence of such coverage to the CITY anmially.
Nothing in this provision shall be construed in any manner as a waiver by the CITY of its
statutory limits of liability, immunities or exceptions. LTNIVERSITY shall be obligated
to maintain such coverage in full force and effect at all times that this Lease Agreement is
in effect, and failure to do so shall be a breach thereof.
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510 Disaster. That in cases of emergency or disaster such as flood or other natural acts,
LJNIVERSITY will vacate the premises if directed to do so by the CITY's Director of
Parks and Recreation, Fire Chief, Police Chief or other CITY official delegated such
power due to the emergency. The cost of this relocarion shall be born by UI�IIVERSITY.
Further, iJNIVERSITY will make no claim against the CITY for lost business or added
expenses due to this temporary relocation unless the CITY was responsible in whole or in
part for the need to relocate.
5.11 Future Construction. The CITY and LTNIVERSITY acknowledge that conshuction
projects in the Mississippi River areas may be ongoing during the term of the Lease
Agreement and agree to cooperate with each other if the construction causes the
enterprise to be moved to a different location temporarily. Such new location shall be as
accessible and compliant with applicable codes and regulations as the original location, as
is reasonably possible and shall be made at the CITY's cost. The CITY retains the right
to determine any such new location if the parties are unable to agree.
5.12 Alterations. The UNIVERSITY shall make no change, alteration, modification,
improvement or addition to the Dock Site and/or, Ticketing Facility including installing
signs, without the prior written consent of the CITY, which shall not be unreasonably
withheld. The UNIVERSITY sha11 keep the Docking Site and Support Facilities free of
any and all mechanics', materialmen's, and other liens arising out of any work, labor
done, services performed, or materials furnished for the LTNIVERSITY or claimed to
have been so furnished during the term of this Lease Agreement. The CITY agrees to
indemnify the IJNIVERSITY against mechanics' or constitutional liens filed against the
Docking Site and Support Facilities as a result of the improvements to said premises
ordered by the CITY prior to commencement of this Lease Agreement.
5.13 Sienaee. CITY shall provide signage, directing and identifying for the audiences to the
Showboat. The parties will mutually agree in writing to the locations and type of signage
The CITY shall have the right to approve the content and appearance of any signage
located in public areas of the Showboat including signage on the boat's exterior that is
visible from the parlc
5.14 Relationshin. Nothing contained in this Lease Agreement shall be deemed ar construed
by the parties hereto or by a third party to create the relationship of principal and agent or
of a partnership or of a joint venture between CITY and iJNIVERSITY.
5.15 Amendments. All amendments to this Lease Agreement shall be only upon mutual
agreement of the parties hereto, evidenced in writing and signed by the parties, and
incorporated into this Lease Agreement by reference.
5.16 Parties Bound. This Lease Agreement shall inure to and bind the successors and assigns
of the parties hereto.
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5.17 Inabilitv to Pro2ram. If the LJNIVERSITY is unable to sustain the Showboat
prograinming, the iJNIVERSITY will provide the CITY with a written six-month notice
on or before February 28�' of each yeaz. In such case, the [3NIVERSITY will cooperate
with the CITY to make the Showboat available for alternative programming.
5.18 Accident R�orts. The CITY sha11 provide the iJNIVERSITY with the CITY's accident
report forms. These forms shall be completed by iJNIVERSITY representatives in
instances where accidents at the ShowboaYs Ticketing Faciliry or pocking Site are
reported to or witnessed by IJNIVERSTTY representatives. The iTNIVERSITY shall
deliver completed reports to the CITY within five business days.
5.19 Condition of Dockine Facilitv. The LJNIVERSITY shall notify the CITY immediately of
any conditions that cause the docks to be unsafe.
5.20 Insoection of Records. The CITY has a right to inspect all books and records pertaining
to the operation of the Showboat by the LJNIVERSITY. The CITY shall be granted
inspection of said books and records by providing the tTNIVERSITY with written
notice, whereby the ITNIVERSITY shall have fifteen (15) calendar/working days to
provide such inforxnation to the CITY.
5.21 Vendor Aareements. If at some future date during the terxn of this agreement, the CITY
enters into a contract with a vendor in exchange for product exclusivity within the
CITY's jurisdictions, the UNIVERSITY will honor and cooperate with the provision for
product exclusivity granted to any such vendor, except when such provision for product
exclusivity violates either a UNIVERSITY policy or an agreement between the
LTNIVERSITY and a third party that is in effect prior to the time that this AGREEMENT
is executed.
5.22 Trash Removal. The i1NIVERSITY is responsible for the removal of any trash generated
by the Showboat. Trash collection dumpsters will be located and serviced as approved by
the CITY. The IJNIVERSITY will provide adequate trash receptacles on and
immediately outside of the Showboat to accommodate debris generated by its patrons and
staff:
5.23 Dock Maintenance - The CITY is not responsible for snow removal from the dock. The
IJNIVERSITY assumes the responsibility to clear snow from the dock only as it deems
necessary. The IJNIVERSITY shall not attach anything to or otherwise alter the dock in
any way without the prior authorization of the CITY. The UNIVERSITY shall be
responsible for any damage that it causes to the dock, excluding normal wear.
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5.24 Compiiance with Laws. The TJNIVERSITY shall comply with all federal, state and local
laws and regulafions in the operation, maintenance and repair of the Showboat. Any
penalties assessed by any federal, state or local entity which result from the
LTNIVERSITY's actions or omissions in violation of said laws and/or regulations or its
failure to correct any deficiencies upon order of such entity shall be solely the
responsibility of the LTrIIVERSIT'Y.
VI. Captions and Headings
6.1 Captions and Headin� The captions and headings used herein aze intended only for the
convenience of the reference and are not to be used in construing this Lease.
VII. Default/Cancellation
7.1 Notification of Default. In the event of a default of any term or condition contained
herein, the defaulting party shall be entitled to a Thirty (30) day written notice specifying
the nature of the default. In the event the default is not corrected within said Thirty (30)
day period, or a cure commeneed for the default requiring more than Thirty (30) days to
cure with the defaulting party diligently pursuing correction, the non-defaulting party
may elect to (1) terminate this Lease Agreement immediately and the obligations of that
party as specified herein shall thereupon cease or (2) where the default can be cured by
the expenditure of money may, but without obligation, and without limiting any other
remedies which it may have by reason of such default, cure the default, charge the cost
thereof to the defaulting pariy and the defaulting pariy shall pay the same forthwith upon
demand.
7.2 Individual Breach. All remedies hereinbefore and hereafter conferred on CITY or
L3NIVERSITY shall be deemed cumulative and no one exclusive of the other, or of any
other remedy conferred by law or in equity. The failure of either party to insist in any
one ar more cases upon the strict performance of any of the covenants of this Lease or to
exercise any option herein contained shall not be construed as a waiver or relinquishment
for the future of such covenant ar option. Receipt by CITY of rent due hereunder with
knowledge of the. breach of any covenant hereof shall not be deemed a waiver of such
breach. No waiver by CITY or iJNIVERSITY of any of the provisions of this Lease
Agreement shall be deemed to have been made unless expressed in writing and sianed by
the party expressing such waiver.
73 Damaee to Site. In the event the Docking Site and/or Ticketing Facility are substantially
damaged or destroyed by the elements so as to render them unuseable, either the CITY ox
the i7NIVERSITY may terminate this Lease Agreement upon written notice to the other
party hereto given within Thirty (30) days of such damage or destruction. Both parties
agree that prior to giving written notice of termination they will explore whether repair is
economically feasible and whether temporary relocation of the Showboat is possible.
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Nothing herein shall require the CITY to repair or replace to Docking Site and/or
Ticketing Facility or to offer an alternative site to the LTNIVERSITY. In the event the
CITY elects to repair the damage, it shall do so in a reasonable period of time, but the
CITY will not be responsible for any damages for lost profits or income to the
UNIVERSITY resulting from its inability to use the premises during the period of
repairs, nor is the CITY responsible for providing alternate premises during the period of
repairs.
7.4 Eminent Domain. If the entire Docking Site and the Ticketing Facility aze taken by
eminent domain, this Lease Agreement shall automatically ternunate as of the date of
taking. If a material portion of the Docking Site or Ticketing Facility are taken by
eminent domain rendering the Docking Site or Ticketing Facility unsuitable for
UNIVERSITY's intended business purposes, either party shall have the right to terminate
this Lease Agreement as of date of taking by giving written notice thereof each to the
other within Ninety (90) days after such date of taking. If neither elects to terminate this
Lease Agreement, CITY shall, at its expense, restore the Docking Site and Ticketing
Facility exciusive of any fiunishing and fixtures owned by LTNIVERSITY, to as neaz the
condition which existed immediately prior to the date of taking as reasonably possible,
and to the extent that the Docking Site and Ticketing Facility aze rendered untenantable,
the rent shall proportionately abate. All damages awarded for the taking of the real
property (excluding the value of the tenant improvements) under the power of the
eminent domain shall belong to and be the exclusive property of CITY, whether such
damages be awarded as compensation for diminution in value of the leasehold estate
hereby created, or to the fee of the Docking Site and Ticketing Facility provided,
however, that CITY shall not be entitled to any sepazate award made to LTNIVERSITY
for the value and cost of removal of its personal property and fixtures and moving
expenses.
VIII. Notices
8.1 O�cial notices required under any provision of this Lease Agreement shall be in writing
and directed as follows:
CITY: CITY of Saint Paul
Director of Parks and Recreation
25 W. 4"' Street, Room 300
Saint Paul, MN 55102
IJNIVERSITY: Regents of the UNIVERSITY of Minnesota
c/o Real Estate Office
424 Donhowe Building
319 -15�' Avenue SE
Minneapolis, MN 55455-0199
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IN WITNESS Wi�REOF, the CITY and UNIVERSITY have executed this Lease
Agreement on the day and year first above written.
LTI�tIVERSITY:
Ginger DeRosier
Leasing Manager
CITY OF SAINT PAUL, CITY:
Mayor
City Clerk
Steven Rosenstone, Dean
College of Liberal Arts
Robert H. Bruininks
Executive Vice President and Provost
REGENTS OF THE UNTVERSITY
OF MINNESOTA, UNIVERSITY
Director of Financial Services
Director of Parks and Recreation
Approved as to form:
:
G:\SP�WPV.greemnisVShowboat U of M.two.wpd
City Attorney
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E�ibit C
Detail Description - Responsibilifies for Utility Installation
l. The CITY shall make electric service available in the ticket building at the location indicated
(#1) . Electric service available to the LJNIVERSITY is 3 Phase, 120/200 Volts, 1200 Amps.
The City shall also provide and install the necessary conduits as required for extending service
from the location indicated (#1) to the top buttress. The UI�tIVERSITY shall provide for the
installations necessary to eatend service from the location indicated (#1) to the Showboat,
including provision of the metering equipment, making required connections and providing
wiring to the buttress and all required installations from the buttress onto the boat.
2. The CITY shall make standazd telephone line service auailable in the ticket building at the
location indicated (#2). The City shall also provide and install the necessary conduits as required
for extending service from the location indicated (#2) to the top buttress. The iJNIVERSITY
shall provide for the installations necessary to extend service from the location indicated (#2) to
the Showboat, inciuding making required connections and providing all wiring to the buttress
and all required installations from the buttress onto the boat.
3. The CITY shall make water service available in the ticket building at the location indicated
(#3) as needed for the fire protection and domestic water service. Water service available is 6"
size and located in the utility room. The UNIVERSITY shall provide all piping, valving,
metering, and other equipment in the building required for their services. The LJNIVERSITY
shall provide and install all fire protection piping out of the building and onto the boat. The
LTNIVERSITY shall schedule this installation as directed by CITY as to coordinate with site and
building construction. The CITY shall provide 1'/z" domestic water piping out of the building
and to the top buttress in a deep-bury service. The ITNIVERSTTY shall make provisions for
extending domestic water service from the buttress to the Showboat.
4. The CITY shall provide an access to sanitary sewer service at the top of the bank in the
vicinity of the top buttress at the location indicated (#4). This service is being made available as
per Showboat drawings indicating a 3" discharge pipe connecting to a 4" sanitary service stub.
5. The UNIVERSITY shall utilize space under the upper ramp for extending all utility services
from the buttress/top of bank locations as indicated to the Showboat. IJNIVERSITY shall
provide a disconnect for all utilities at the top and bottom of the ramp for possible removal
(during floods) of the ramp.
12
ORIGINAL
Presented By
Referred to
council File # O \ � ly�
creen sheet # Io6G� 4
Committee: Date
1 WHEREAS, the City has undertaken various projects related to
2 the renovation of Harriet Island Regional Park, and
3 WHEREAS, as part of the plans for redevelopment of Harriet
4 Island Regional Park, the University of Minnesota Showboat wi11
5 be located in the park along the banks of the Mississippi River,
6 and
7 wHEREAS, the Showboat facility will be used to host
8 scheduled University Theatre performances, and
9 WHEREAS, the City's previous agreement with the University
10 was voided when the Centennial Showboat was lost to fire: now,
11 therefore, be it
12 RESOLVED, that proper City officials
13 directed and authorized to enter into the
14 agreement with the University of Minnesota
15 Showboat in Harriet Island Regional Park.
16
17
Yeas Nays Absent
Benanav �
Blakey_ _�/
Bostrom �_
Harris �/
Coleman_ ,/
Lantry �
Rei ter �G
5 o a--
Adopted by Council: Date � D yo �y �-p0\
Adoption Certified by Council Secretary
BY � ��'�3—:��
Approved by Mayor: Date: ��(Q � �� /
By` ��'��,������ �
and staff are hereby
attached lease
for locating a
Request by:
Divis'o of Parks an
�� �V
'V!
Form Approved by City
By: - ��-�
Approved by Mayor for Submission to
Counci
By: �� ���
v� -►w�lA
DEPARTMENT/OFFICE/COUNCIL DATEINITIATED GREEN SHEET NO. 106664
Parks and Recreation 2 ��� p �
CONTACT PERSON AND PHONE INITIAL/DATE INITIAL/DATE
Mike Hahm 266-6444 �{\ 1 DEPAFSMEtJYD1RECTOR 4 cmrcourva�
ASSIGN .
NUMBER FOft� Z CITY ATTORNEY _GIiY CLERK
MUST BE ON COUNCIL AGENDA BV (DATEI ROUi1NG /
ORDEfl BUDGEf DIRECTOfl FIN. & MGT. SEFVILES DIR.
2/14/Ol .3 MAYOR (OR ASSISTANn 5 Parks & Recreation - 300 CHA
TOTAL 8 OF SIGNANftE PAGES � (CUP ALL LOCAiIONS FOR SIGNA7URE1
ACTION REQUESTED:
Authorizing City Officials and staff to enter into Lease Agreement with the University of Minnesota for locating the
Showboat in Harriet Island Regionai Park.
REGOMMENDATIONS: Approve (A) or Rejett (FI PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
__PLANNING COMMISSION _CIVIL SERVICE GOMMISSION �. Has [his person/firm ev¢r worketl untler a contrac[ tor [nis tlepar[menV
QB COMMITTEE _ VES NO
p. STAPF 2. Has [his persoNfrtm ever been a ciry employee?
VES NO
DISTRICT COUNCIL
-- — 3. Does this persoNfirm possess a skiil no[ normaily possessed by any current cRy employee?
SUPPORTS WHICH COUNCIL OBJECTNE? VES NO
Ezplain all yes answers on separote sheet and attach m green sheet.
INITIATING PROBLEM, ISSUE, OPPORTUNIiY (Who, Whac, When, Where, Why):
The City has undertaken an extensive renovation of Harriet Island Regional Park. As part of the renovation plans, the
University of Minnesota has agreed to locate its Showboat in the park. Although the City had previously entered a
similar contract with the University, a new agreement was necessitated when the Centennial Showboat was lost to fire.
ADVANTAGESIFAPPROVED:
The University will proceed with its construction of the Showboat. The public will have opportunity to attend scheduled
University Theatre performances, beginning in the 2002 season.
DISADVANTAGES IF APPROVED:
N/A
DISADVANTAGES IF NOT APPROVED:
The University will not proceed with its construction of the Showboat until an agreement is finalized.
TOTALAMOUNTOFTRANSACTION � $�, �]�US 15% of selected revenues COST/REVENUEBUDGETED(CIRCLEONE� VES NO
FUNDINGSOURCE Special Services Fund - Harriet Island ACTIVITYNUM6ER 325-23705
FINANCIAI INFORMATION: (EXPLAIN� y1�����1 (=,r����
fp 3i V
���' �
University File: L-599
o�-�y}-
LEASE AGREEMENT
THIS LEASE AGREEMENT, made this day of , 2001, is by and between
City of Saint Paul, a municipal corporation (hereinafter referred to as"Lessor" or "City") and
Regents of the University of Minnesota, a Minnesota consritutional educational corporation
(hereinafter referred to as "Lessee" or "University").
I. Premises
1.1 The CITY, in consideration of the rents and covenants hereinafter mentioned, does
hereby lease unto LTNIVERSITY, and LJNIVERSITY does hereby take from CITY the
following described areas, situated in the County of Ramsey, and State of Minnesota,
described as follows:
1.1.1 Dockine. A location downstream from the Harriet Island Pazk Pavilion, Saint
Paul, Minnesota at the 839.1 River Mile for exclusive docking of the University
of Minnesota's Showboat (hereinafter "Showboat") the Docking Site, shown on
Exhibits A-1 and A-2 (the dock and docking facilifies).
1.1.2 Ticketing Facilitv. A building for non-exclusive use by the iJNIVERSITY as a
ticketing facility, shown on Exhibit B-1 (hereinafter "Ticketing Facility") for the
Showboat. The LTNIVERSITY shall have use of the Ticketing Facility when
needed as it is required for Showboat events.
I.2 Pazkine and Restrooms. The CITY will provide and maintain parking and restrooms
within Harriet Island Regional Pazk that serve the Showboat as weil as other areas and
attractions within the park. Nothing herein is intended to convey exclusive use by Lessee
of any parking or restroom facilities.
1.3 Alterations. UNIVERSITY will be advised of and wilt have the right to review and
approve any changes that substantially affect its use of the Ticketing Facility and
Docking Site as shown on Exhibits A-1, A-2 and B-1 priar to the implementation of any
changes.
1.4 Suitabilitv. CITY agrees to provide and maintain Docking Site and Ticketing Facilities
shown in Exhibits A-1, A-2 and B-1 with accessibility and facilities in compliance with
all applicable laws, rules, ordinances and regulations as issued by any federal, state or
local political subdivisions having jurisdiction and authority in connection with said
property
o�-��tr-
II. Permitted Use
2.1 The iJNIVERSITY will use the Docking Site and the Ticketing Facility for the docking
and mooring of the Showboat and for the perfomung arts productions, courses, seminazs,
meetings and related acfivifies for the University of Minnesota. The I7NIVERSITY may
use or offer the use of the Showboat to other groups or individuals for other uses,
provided that they are not prohibited by title restrictions on the record for the property, or
othercvise prohibited by state, federal or local law, regulation or rule. The iJNIVERSITY
shall provide a preliminary schedule of such individual uses to the CITY on or before
April 1�` of each year and also upon request. Notwithstanding the foregoing, the CITY
reserves the right to prohibit any use which it determines is inconsistent with or
negatively impacts the operation of Harriet Island Regional Park. The CITY's failure to
prohibit an event or type of use shall not act as a waiver of its right to object to such use
or event in the future.
2.2 Short term use for the purposes and by the groups or individuals detailed above shall not
constitute a sublease under 5.1.
III. Term
3.1 Term. The initial term of this Lease shall be for Fifteen Years, commencing on the date
of arrival of the Showboat at Harriet Island, not to precede October 1, 2001, or earlier if
agreed to by both parties, and ending on and including the last day of September, 2016,
unless earlier terminated as herein provided in Section 7 of this agreement.
3.1.1 Alternate Dockine. If the Showboat anives at Harriet Island prior to October l,
2001, and the docking facilities (Pursuant to Article 1.1.1) are not available for
immediate tenancy, the CITY shall arrange for an alternate location until such a
time when said docking facilities are available.
3.2 Renewal Options. The LTNIVERSITY and CITY may extend this Lease for successive
options of five (5) year(s) each which will automatically renew unless the LTNIVERSITY
and/or CITY notifies the other, in writing, of its intent to not renew the Lease at least
twelve (12) months prior to the expiration of the then current term. All terms and
conditions of the Lease Agreement applicable to the Initial Lease Term shall remain in
effect during the renewal period(s), except to the extent otherwise agreed to by the parties
in writing.
3.3 Entire Aereement. This Lease AGREEMENT is the entire agreement beriveen the parties
and includes all understandings and agreements for dock space for the SHOWBOAT. All
other agreements, including the Lease Agreement between the LTNIVERSITY and the
CITY dated March 22, 1999, are hereby declared null and void and have no further force
and effect.
o► -I�t�
3.4 Possession. CITY does covenant that the iJNIVERSITY, on paying the rent and
perfornung the covenants herein mentioned, shall and may peaceably and quietly have,
hold and enjoy the Docking Site and Ticketing Facility for the entire term hereof.
3.5 Surrender of Premises. The UNIVERSITY will, at the termination of this Lease, remove
the Showboat from the Docking Site and will quietly yield and surrender the Docking
Site to the CITY in as good a condition as it was in when it took it, normal wear and tear
and damage from the elements excepted. At this time the UIVIVERSITY will also cease
its use of the Ticketing Facility and remove any of its property from therein.
3.6 Holdover Tenancv. In the event LTNIVERSITY remains in possession of the Docking
Site after the termination of this Lease and without execution of a new Lease, it shall be
deemed to be occupying the Docking Site as a tenant from month-to-month only, upon
the same terms and conditions contained herein, insofaz as the same terms are applicable
to a month-to-month tenancy.
IV. Rent
4.1 Rent. UNIVERSITY agrees to pay to CITY as rent for the Docking Site and use of the
Ticketing Facility, during the entire term hereof, the sum of One Dollaz ($1.00} per yeaz
for consideration.
4.2 The UNIVERSITY agrees to pay the CITY an amount equal to fifteen (15%) percent of
any gross revenues generated from payments tendered by individuals or non-University
groups that are not admission chazges for scheduled University Theatre performances,
including, but not limited to; facility rental charges, food and beverage sales, non-
University related novelty sales.
4.21 Any revenues generated by the LINIVERSITY from photography and the sale of
University related novelty sales are exempt from a percentage payment to the
CITY prescribed in 4.2.
4.2.2 In each year of this Lease Agreement, the LTNIVERSITY, at its option, may
assume responsibility for drift removal from below, beside and beneath the
docking facilities (Pursuant to Article 1.1.1) and reduce flie percentage amount
due to the CITY as described in 4.2 from 15°/o to 10%. The IJNIVERSITY must
notify the CITY, in writing, of its intent to exercise this provision by February ls'
of each year of this Agreement for it to be in effect for the year in which
notification is given.
4.23 The IINIVERSITY retains the option to provide use of the Showboat at no charge
to groups including but not limited to other tINIVERSITY units, non-profit
groups or corporations.
o�-�y�a-
4.2.4 If the iJNIVERSITY provides concession vending at all of the scheduled
University Theatre performances in any year of this AGREEMENT, a credit of
$2,000 may be deducted from payments due to the CITY, pursuant to Articles 4.2,
4.2.1 and 4.2.2, in that yeaz.
4.2.5 Payments due to the CITY, pursuant to Articles 4.2, 4.2.1, 4.2.2 and 4:L.4, shall
be paid annualiy on August ln for any payments due through the immediately
preceding June 30w, and December 27t for any payments due through the
immediately preceding November 30th.
V. Covenants & Agreements
5.1 Assienment. LJNIVERSITY agrees not to assign this Lease or any part or rights thereof,
without prior written consent of the CITY, which consent shall not be unreasonably
withheld.
5.2 Facilities. The CITY through the Division of Parks and Recreation, agrees to provide and
maintain during the entire term of this Lease Agreement facilities as described herein and
shown on E�ibits A-1, A-2, B-1, G1, G2, attached hereto and hereby declared a parts
ofthis Lease, at CITY's cost, the following:
5.2.1 Docking - The dock will run along the side of the boat, with access as shown on
E�ibit A-2.
5.2.2 The dock as constructed allows for the Showboat to be moared using the structure
and related pilings. Provisions on the Showboat for connection devices that allow
it to be secured to the dock will be the responsibility of the IJrIIVERSITY, as will
be any protective devices that protect the boat from damage from the dock and
any floating debris.
5.23 Drive-up access will be available to the shore side of the Docking Site and to the
Ticketing Facility at mutually agreed upon locations. Such access will be for the
use of the UIVIVERSITY only for the purpose of making equipment deliveries for
which it is essential to have a neazer delivery point than the adjacent parking lot.
Drive-up access will not be allowed for routine deliveries. This provision shall
not be construed to require the CITY to provide the same access for patrons,
guests or invitees of the iJNIVERSITY or groups usin� the Showboat with
permission of the UNIVERSITY.
5.2.4 Use of a ticketing facility as needed during the LTNIVERSITY performance
season and for other SHOWBOAT events, including telecommunication lines for
a phone and computer.
0 ►-14 a-
5.2.5 Restrooms which aze handicap accessible designated for the audiences,
performers, etc. and available for all uses. The CITY agrees to provide three (3)
female toilets, one of which must meet ADA standazds and two (2) male toilets
(one can be a urinal) and one stall must meet ADA standazds. The CITY may
close these restrooms during the winter, therefore, they may not be available for
use by the iJNIVERSITY during any such time they aze closed for this purpose.
The CITY will consult with the iJNIVERSITY on an annual basis prior to
determining the schedule for the restrooms during the winter.
5.2.6 Handicapped parking as required by code will be provided as part of available
parking within Harriet Island Regional Park. Parking will serve the Showboat as
well as other azeas and attractions within the park.
5.2.7 Lighting for the ticket booth, entrance to the dock and all parking areas will be lit
to provide a safe environment and will meet normal standards for this type of
facility use.
5.2.8 Access to all existing utilities (electricity, sewage, water, phone) will be provided
at or in the immediate vicinity of the Ticketing Facility and Docking Site as
documented in Exhibit C. LTNIVERSITY will be responsible for providing the
appropriate metering and distribution installations, including making provisions to
extend all utility services from agreed upon locations to the Showboat, and will
provide hook-ups and meter installations each spring and cancel the service in the
off-season as needed. The LTI�IIVERSITY shall be responsible to maintain its own
utility equipment, that being the equipment that they provide and install, including
performing necessary disconnects in the event they must be accomplished due to
floods and other similar circumstances.
5.2.9. Natural gas service is not currently available for SHOWBOAT use at the
Ticketing Facility and Docking site. If the LTNIVERSITY desires such service, it
assumes the financial and engineering responsibilities related to its installation,
for such exclusive use except where such service will be available to other users.
Any installation that alters the site requires prior written approval of the CITY.
53 Utilities. The LTNIVERSITY will pay for the installation of all utility meters, for the
agreed upon uses, at the Dock Site and shall pay all utility bills for the Showboat.
5.4 Rieht of Entry. CITY shall have the right to enter the Showboat, during-business hours
upon 24 hours prior notice, provided such entry does not unduly interfere with
tTNIVERSITY's use of the Showboat and Support Facilities. This provision shall not
apply in the event of an emergency or natural disaster which requires immediate action by
the City.
o�-ly�a-
5.5 Caze of Premises. During the term of this Lease Agreement, iJNIVERSITY shall comply
with all applicable laws pertaining to its use of the Docking Site and Ticketin� Facility.
The LTNIVERSITY shall keep the Showboat in good clean and operable condition during
the entire term hereof.
5.6 Performance Schedule Notification. The LTNIVERSITY shall notify the CITY by
February ln of each yeaz of their schedule of events for the upcoming season.
5.7 Schedule Communication. The CITY shall notify the UNIVERSITY by Mazch 1S of
each yeaz of any special events planned for Harriet Island that may cause a disruption in
the activities planned for the Showboat.
5.7.1 Late Scheduled Events. The LINIVERSITY recognizes that the CITY maintains
the option to schedule special events after the initial Mazch 1 annual notification
date. To minimize the potential impacts of the special event as it is related to the
Showboat performance, the CITY will provide prompt notification to and
consultation with the iJNIVERSITY in the event of any planned additions to the
special event schedule. In accomplishing this, the CITY will work with the
UNIVERSITY to coordinate affected schedules and make a concentrated effort to
accommodate the IJNIVERSITY's needs related to the Showboat performance as
scheduled on the day of any special event. The City retains the right to schedule
such special events over the objection of the University if the parties are unable to
cooperatively agree on such scheduling.
5.8 Maintenance Communication. The L3NIVERSITY shall notify and schedule with the
CITY any maintenance work that needs to be done on the Showboat that may interfere
with other Pazk activities at Harriet Island Park. Major maintenance projects shall be
executed off the Harriet Island site.
5.9 Liabilitv. The LTNIVERSITY hereby agrees to defend, indexnnify and hold the CITY
and any of its officers, agents and employees hannless from any claims, damages, or
causes of action arising from the use and operations of the Showboat by UNIVERSITY,
its agents, officers, or employees. The UNIVERSITY shall provide at its own cost and
expense, liability insurance naming the CITY as an additional insured thereon. Insurance
shall cover injury to persons or property in an amount not less than the limits of the
CITY's liability as set forth in Minn. Stat. 466.01 et seq (currently $300,000 individual,
$750,000 aggregate, with the aggregate limit increasing to $1,000,000 on Januazy 1,
2000). iJNIVERSITY shall provide evidence of such coverage to the CITY anmially.
Nothing in this provision shall be construed in any manner as a waiver by the CITY of its
statutory limits of liability, immunities or exceptions. LTNIVERSITY shall be obligated
to maintain such coverage in full force and effect at all times that this Lease Agreement is
in effect, and failure to do so shall be a breach thereof.
o�-i y }-
510 Disaster. That in cases of emergency or disaster such as flood or other natural acts,
LJNIVERSITY will vacate the premises if directed to do so by the CITY's Director of
Parks and Recreation, Fire Chief, Police Chief or other CITY official delegated such
power due to the emergency. The cost of this relocarion shall be born by UI�IIVERSITY.
Further, iJNIVERSITY will make no claim against the CITY for lost business or added
expenses due to this temporary relocation unless the CITY was responsible in whole or in
part for the need to relocate.
5.11 Future Construction. The CITY and LTNIVERSITY acknowledge that conshuction
projects in the Mississippi River areas may be ongoing during the term of the Lease
Agreement and agree to cooperate with each other if the construction causes the
enterprise to be moved to a different location temporarily. Such new location shall be as
accessible and compliant with applicable codes and regulations as the original location, as
is reasonably possible and shall be made at the CITY's cost. The CITY retains the right
to determine any such new location if the parties are unable to agree.
5.12 Alterations. The UNIVERSITY shall make no change, alteration, modification,
improvement or addition to the Dock Site and/or, Ticketing Facility including installing
signs, without the prior written consent of the CITY, which shall not be unreasonably
withheld. The UNIVERSITY sha11 keep the Docking Site and Support Facilities free of
any and all mechanics', materialmen's, and other liens arising out of any work, labor
done, services performed, or materials furnished for the LTNIVERSITY or claimed to
have been so furnished during the term of this Lease Agreement. The CITY agrees to
indemnify the IJNIVERSITY against mechanics' or constitutional liens filed against the
Docking Site and Support Facilities as a result of the improvements to said premises
ordered by the CITY prior to commencement of this Lease Agreement.
5.13 Sienaee. CITY shall provide signage, directing and identifying for the audiences to the
Showboat. The parties will mutually agree in writing to the locations and type of signage
The CITY shall have the right to approve the content and appearance of any signage
located in public areas of the Showboat including signage on the boat's exterior that is
visible from the parlc
5.14 Relationshin. Nothing contained in this Lease Agreement shall be deemed ar construed
by the parties hereto or by a third party to create the relationship of principal and agent or
of a partnership or of a joint venture between CITY and iJNIVERSITY.
5.15 Amendments. All amendments to this Lease Agreement shall be only upon mutual
agreement of the parties hereto, evidenced in writing and signed by the parties, and
incorporated into this Lease Agreement by reference.
5.16 Parties Bound. This Lease Agreement shall inure to and bind the successors and assigns
of the parties hereto.
7
o � -�y�- `
5.17 Inabilitv to Pro2ram. If the LJNIVERSITY is unable to sustain the Showboat
prograinming, the iJNIVERSITY will provide the CITY with a written six-month notice
on or before February 28�' of each yeaz. In such case, the [3NIVERSITY will cooperate
with the CITY to make the Showboat available for alternative programming.
5.18 Accident R�orts. The CITY sha11 provide the iJNIVERSITY with the CITY's accident
report forms. These forms shall be completed by iJNIVERSITY representatives in
instances where accidents at the ShowboaYs Ticketing Faciliry or pocking Site are
reported to or witnessed by IJNIVERSTTY representatives. The iTNIVERSITY shall
deliver completed reports to the CITY within five business days.
5.19 Condition of Dockine Facilitv. The LJNIVERSITY shall notify the CITY immediately of
any conditions that cause the docks to be unsafe.
5.20 Insoection of Records. The CITY has a right to inspect all books and records pertaining
to the operation of the Showboat by the LJNIVERSITY. The CITY shall be granted
inspection of said books and records by providing the tTNIVERSITY with written
notice, whereby the ITNIVERSITY shall have fifteen (15) calendar/working days to
provide such inforxnation to the CITY.
5.21 Vendor Aareements. If at some future date during the terxn of this agreement, the CITY
enters into a contract with a vendor in exchange for product exclusivity within the
CITY's jurisdictions, the UNIVERSITY will honor and cooperate with the provision for
product exclusivity granted to any such vendor, except when such provision for product
exclusivity violates either a UNIVERSITY policy or an agreement between the
LTNIVERSITY and a third party that is in effect prior to the time that this AGREEMENT
is executed.
5.22 Trash Removal. The i1NIVERSITY is responsible for the removal of any trash generated
by the Showboat. Trash collection dumpsters will be located and serviced as approved by
the CITY. The IJNIVERSITY will provide adequate trash receptacles on and
immediately outside of the Showboat to accommodate debris generated by its patrons and
staff:
5.23 Dock Maintenance - The CITY is not responsible for snow removal from the dock. The
IJNIVERSITY assumes the responsibility to clear snow from the dock only as it deems
necessary. The IJNIVERSITY shall not attach anything to or otherwise alter the dock in
any way without the prior authorization of the CITY. The UNIVERSITY shall be
responsible for any damage that it causes to the dock, excluding normal wear.
c�-ly�
5.24 Compiiance with Laws. The TJNIVERSITY shall comply with all federal, state and local
laws and regulafions in the operation, maintenance and repair of the Showboat. Any
penalties assessed by any federal, state or local entity which result from the
LTNIVERSITY's actions or omissions in violation of said laws and/or regulations or its
failure to correct any deficiencies upon order of such entity shall be solely the
responsibility of the LTrIIVERSIT'Y.
VI. Captions and Headings
6.1 Captions and Headin� The captions and headings used herein aze intended only for the
convenience of the reference and are not to be used in construing this Lease.
VII. Default/Cancellation
7.1 Notification of Default. In the event of a default of any term or condition contained
herein, the defaulting party shall be entitled to a Thirty (30) day written notice specifying
the nature of the default. In the event the default is not corrected within said Thirty (30)
day period, or a cure commeneed for the default requiring more than Thirty (30) days to
cure with the defaulting party diligently pursuing correction, the non-defaulting party
may elect to (1) terminate this Lease Agreement immediately and the obligations of that
party as specified herein shall thereupon cease or (2) where the default can be cured by
the expenditure of money may, but without obligation, and without limiting any other
remedies which it may have by reason of such default, cure the default, charge the cost
thereof to the defaulting pariy and the defaulting pariy shall pay the same forthwith upon
demand.
7.2 Individual Breach. All remedies hereinbefore and hereafter conferred on CITY or
L3NIVERSITY shall be deemed cumulative and no one exclusive of the other, or of any
other remedy conferred by law or in equity. The failure of either party to insist in any
one ar more cases upon the strict performance of any of the covenants of this Lease or to
exercise any option herein contained shall not be construed as a waiver or relinquishment
for the future of such covenant ar option. Receipt by CITY of rent due hereunder with
knowledge of the. breach of any covenant hereof shall not be deemed a waiver of such
breach. No waiver by CITY or iJNIVERSITY of any of the provisions of this Lease
Agreement shall be deemed to have been made unless expressed in writing and sianed by
the party expressing such waiver.
73 Damaee to Site. In the event the Docking Site and/or Ticketing Facility are substantially
damaged or destroyed by the elements so as to render them unuseable, either the CITY ox
the i7NIVERSITY may terminate this Lease Agreement upon written notice to the other
party hereto given within Thirty (30) days of such damage or destruction. Both parties
agree that prior to giving written notice of termination they will explore whether repair is
economically feasible and whether temporary relocation of the Showboat is possible.
a�-�ya-
Nothing herein shall require the CITY to repair or replace to Docking Site and/or
Ticketing Facility or to offer an alternative site to the LTNIVERSITY. In the event the
CITY elects to repair the damage, it shall do so in a reasonable period of time, but the
CITY will not be responsible for any damages for lost profits or income to the
UNIVERSITY resulting from its inability to use the premises during the period of
repairs, nor is the CITY responsible for providing alternate premises during the period of
repairs.
7.4 Eminent Domain. If the entire Docking Site and the Ticketing Facility aze taken by
eminent domain, this Lease Agreement shall automatically ternunate as of the date of
taking. If a material portion of the Docking Site or Ticketing Facility are taken by
eminent domain rendering the Docking Site or Ticketing Facility unsuitable for
UNIVERSITY's intended business purposes, either party shall have the right to terminate
this Lease Agreement as of date of taking by giving written notice thereof each to the
other within Ninety (90) days after such date of taking. If neither elects to terminate this
Lease Agreement, CITY shall, at its expense, restore the Docking Site and Ticketing
Facility exciusive of any fiunishing and fixtures owned by LTNIVERSITY, to as neaz the
condition which existed immediately prior to the date of taking as reasonably possible,
and to the extent that the Docking Site and Ticketing Facility aze rendered untenantable,
the rent shall proportionately abate. All damages awarded for the taking of the real
property (excluding the value of the tenant improvements) under the power of the
eminent domain shall belong to and be the exclusive property of CITY, whether such
damages be awarded as compensation for diminution in value of the leasehold estate
hereby created, or to the fee of the Docking Site and Ticketing Facility provided,
however, that CITY shall not be entitled to any sepazate award made to LTNIVERSITY
for the value and cost of removal of its personal property and fixtures and moving
expenses.
VIII. Notices
8.1 O�cial notices required under any provision of this Lease Agreement shall be in writing
and directed as follows:
CITY: CITY of Saint Paul
Director of Parks and Recreation
25 W. 4"' Street, Room 300
Saint Paul, MN 55102
IJNIVERSITY: Regents of the UNIVERSITY of Minnesota
c/o Real Estate Office
424 Donhowe Building
319 -15�' Avenue SE
Minneapolis, MN 55455-0199
10
o �-�y�-
IN WITNESS Wi�REOF, the CITY and UNIVERSITY have executed this Lease
Agreement on the day and year first above written.
LTI�tIVERSITY:
Ginger DeRosier
Leasing Manager
CITY OF SAINT PAUL, CITY:
Mayor
City Clerk
Steven Rosenstone, Dean
College of Liberal Arts
Robert H. Bruininks
Executive Vice President and Provost
REGENTS OF THE UNTVERSITY
OF MINNESOTA, UNIVERSITY
Director of Financial Services
Director of Parks and Recreation
Approved as to form:
:
G:\SP�WPV.greemnisVShowboat U of M.two.wpd
City Attorney
11
o�-�`t�-
E�ibit C
Detail Description - Responsibilifies for Utility Installation
l. The CITY shall make electric service available in the ticket building at the location indicated
(#1) . Electric service available to the LJNIVERSITY is 3 Phase, 120/200 Volts, 1200 Amps.
The City shall also provide and install the necessary conduits as required for extending service
from the location indicated (#1) to the top buttress. The UI�tIVERSITY shall provide for the
installations necessary to eatend service from the location indicated (#1) to the Showboat,
including provision of the metering equipment, making required connections and providing
wiring to the buttress and all required installations from the buttress onto the boat.
2. The CITY shall make standazd telephone line service auailable in the ticket building at the
location indicated (#2). The City shall also provide and install the necessary conduits as required
for extending service from the location indicated (#2) to the top buttress. The iJNIVERSITY
shall provide for the installations necessary to extend service from the location indicated (#2) to
the Showboat, inciuding making required connections and providing all wiring to the buttress
and all required installations from the buttress onto the boat.
3. The CITY shall make water service available in the ticket building at the location indicated
(#3) as needed for the fire protection and domestic water service. Water service available is 6"
size and located in the utility room. The UNIVERSITY shall provide all piping, valving,
metering, and other equipment in the building required for their services. The LJNIVERSITY
shall provide and install all fire protection piping out of the building and onto the boat. The
LTNIVERSITY shall schedule this installation as directed by CITY as to coordinate with site and
building construction. The CITY shall provide 1'/z" domestic water piping out of the building
and to the top buttress in a deep-bury service. The ITNIVERSTTY shall make provisions for
extending domestic water service from the buttress to the Showboat.
4. The CITY shall provide an access to sanitary sewer service at the top of the bank in the
vicinity of the top buttress at the location indicated (#4). This service is being made available as
per Showboat drawings indicating a 3" discharge pipe connecting to a 4" sanitary service stub.
5. The UNIVERSITY shall utilize space under the upper ramp for extending all utility services
from the buttress/top of bank locations as indicated to the Showboat. IJNIVERSITY shall
provide a disconnect for all utilities at the top and bottom of the ramp for possible removal
(during floods) of the ramp.
12
ORIGINAL
Presented By
Referred to
council File # O \ � ly�
creen sheet # Io6G� 4
Committee: Date
1 WHEREAS, the City has undertaken various projects related to
2 the renovation of Harriet Island Regional Park, and
3 WHEREAS, as part of the plans for redevelopment of Harriet
4 Island Regional Park, the University of Minnesota Showboat wi11
5 be located in the park along the banks of the Mississippi River,
6 and
7 wHEREAS, the Showboat facility will be used to host
8 scheduled University Theatre performances, and
9 WHEREAS, the City's previous agreement with the University
10 was voided when the Centennial Showboat was lost to fire: now,
11 therefore, be it
12 RESOLVED, that proper City officials
13 directed and authorized to enter into the
14 agreement with the University of Minnesota
15 Showboat in Harriet Island Regional Park.
16
17
Yeas Nays Absent
Benanav �
Blakey_ _�/
Bostrom �_
Harris �/
Coleman_ ,/
Lantry �
Rei ter �G
5 o a--
Adopted by Council: Date � D yo �y �-p0\
Adoption Certified by Council Secretary
BY � ��'�3—:��
Approved by Mayor: Date: ��(Q � �� /
By` ��'��,������ �
and staff are hereby
attached lease
for locating a
Request by:
Divis'o of Parks an
�� �V
'V!
Form Approved by City
By: - ��-�
Approved by Mayor for Submission to
Counci
By: �� ���
v� -►w�lA
DEPARTMENT/OFFICE/COUNCIL DATEINITIATED GREEN SHEET NO. 106664
Parks and Recreation 2 ��� p �
CONTACT PERSON AND PHONE INITIAL/DATE INITIAL/DATE
Mike Hahm 266-6444 �{\ 1 DEPAFSMEtJYD1RECTOR 4 cmrcourva�
ASSIGN .
NUMBER FOft� Z CITY ATTORNEY _GIiY CLERK
MUST BE ON COUNCIL AGENDA BV (DATEI ROUi1NG /
ORDEfl BUDGEf DIRECTOfl FIN. & MGT. SEFVILES DIR.
2/14/Ol .3 MAYOR (OR ASSISTANn 5 Parks & Recreation - 300 CHA
TOTAL 8 OF SIGNANftE PAGES � (CUP ALL LOCAiIONS FOR SIGNA7URE1
ACTION REQUESTED:
Authorizing City Officials and staff to enter into Lease Agreement with the University of Minnesota for locating the
Showboat in Harriet Island Regionai Park.
REGOMMENDATIONS: Approve (A) or Rejett (FI PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
__PLANNING COMMISSION _CIVIL SERVICE GOMMISSION �. Has [his person/firm ev¢r worketl untler a contrac[ tor [nis tlepar[menV
QB COMMITTEE _ VES NO
p. STAPF 2. Has [his persoNfrtm ever been a ciry employee?
VES NO
DISTRICT COUNCIL
-- — 3. Does this persoNfirm possess a skiil no[ normaily possessed by any current cRy employee?
SUPPORTS WHICH COUNCIL OBJECTNE? VES NO
Ezplain all yes answers on separote sheet and attach m green sheet.
INITIATING PROBLEM, ISSUE, OPPORTUNIiY (Who, Whac, When, Where, Why):
The City has undertaken an extensive renovation of Harriet Island Regional Park. As part of the renovation plans, the
University of Minnesota has agreed to locate its Showboat in the park. Although the City had previously entered a
similar contract with the University, a new agreement was necessitated when the Centennial Showboat was lost to fire.
ADVANTAGESIFAPPROVED:
The University will proceed with its construction of the Showboat. The public will have opportunity to attend scheduled
University Theatre performances, beginning in the 2002 season.
DISADVANTAGES IF APPROVED:
N/A
DISADVANTAGES IF NOT APPROVED:
The University will not proceed with its construction of the Showboat until an agreement is finalized.
TOTALAMOUNTOFTRANSACTION � $�, �]�US 15% of selected revenues COST/REVENUEBUDGETED(CIRCLEONE� VES NO
FUNDINGSOURCE Special Services Fund - Harriet Island ACTIVITYNUM6ER 325-23705
FINANCIAI INFORMATION: (EXPLAIN� y1�����1 (=,r����
fp 3i V
���' �
University File: L-599
o�-�y}-
LEASE AGREEMENT
THIS LEASE AGREEMENT, made this day of , 2001, is by and between
City of Saint Paul, a municipal corporation (hereinafter referred to as"Lessor" or "City") and
Regents of the University of Minnesota, a Minnesota consritutional educational corporation
(hereinafter referred to as "Lessee" or "University").
I. Premises
1.1 The CITY, in consideration of the rents and covenants hereinafter mentioned, does
hereby lease unto LTNIVERSITY, and LJNIVERSITY does hereby take from CITY the
following described areas, situated in the County of Ramsey, and State of Minnesota,
described as follows:
1.1.1 Dockine. A location downstream from the Harriet Island Pazk Pavilion, Saint
Paul, Minnesota at the 839.1 River Mile for exclusive docking of the University
of Minnesota's Showboat (hereinafter "Showboat") the Docking Site, shown on
Exhibits A-1 and A-2 (the dock and docking facilifies).
1.1.2 Ticketing Facilitv. A building for non-exclusive use by the iJNIVERSITY as a
ticketing facility, shown on Exhibit B-1 (hereinafter "Ticketing Facility") for the
Showboat. The LTNIVERSITY shall have use of the Ticketing Facility when
needed as it is required for Showboat events.
I.2 Pazkine and Restrooms. The CITY will provide and maintain parking and restrooms
within Harriet Island Regional Pazk that serve the Showboat as weil as other areas and
attractions within the park. Nothing herein is intended to convey exclusive use by Lessee
of any parking or restroom facilities.
1.3 Alterations. UNIVERSITY will be advised of and wilt have the right to review and
approve any changes that substantially affect its use of the Ticketing Facility and
Docking Site as shown on Exhibits A-1, A-2 and B-1 priar to the implementation of any
changes.
1.4 Suitabilitv. CITY agrees to provide and maintain Docking Site and Ticketing Facilities
shown in Exhibits A-1, A-2 and B-1 with accessibility and facilities in compliance with
all applicable laws, rules, ordinances and regulations as issued by any federal, state or
local political subdivisions having jurisdiction and authority in connection with said
property
o�-��tr-
II. Permitted Use
2.1 The iJNIVERSITY will use the Docking Site and the Ticketing Facility for the docking
and mooring of the Showboat and for the perfomung arts productions, courses, seminazs,
meetings and related acfivifies for the University of Minnesota. The I7NIVERSITY may
use or offer the use of the Showboat to other groups or individuals for other uses,
provided that they are not prohibited by title restrictions on the record for the property, or
othercvise prohibited by state, federal or local law, regulation or rule. The iJNIVERSITY
shall provide a preliminary schedule of such individual uses to the CITY on or before
April 1�` of each year and also upon request. Notwithstanding the foregoing, the CITY
reserves the right to prohibit any use which it determines is inconsistent with or
negatively impacts the operation of Harriet Island Regional Park. The CITY's failure to
prohibit an event or type of use shall not act as a waiver of its right to object to such use
or event in the future.
2.2 Short term use for the purposes and by the groups or individuals detailed above shall not
constitute a sublease under 5.1.
III. Term
3.1 Term. The initial term of this Lease shall be for Fifteen Years, commencing on the date
of arrival of the Showboat at Harriet Island, not to precede October 1, 2001, or earlier if
agreed to by both parties, and ending on and including the last day of September, 2016,
unless earlier terminated as herein provided in Section 7 of this agreement.
3.1.1 Alternate Dockine. If the Showboat anives at Harriet Island prior to October l,
2001, and the docking facilities (Pursuant to Article 1.1.1) are not available for
immediate tenancy, the CITY shall arrange for an alternate location until such a
time when said docking facilities are available.
3.2 Renewal Options. The LTNIVERSITY and CITY may extend this Lease for successive
options of five (5) year(s) each which will automatically renew unless the LTNIVERSITY
and/or CITY notifies the other, in writing, of its intent to not renew the Lease at least
twelve (12) months prior to the expiration of the then current term. All terms and
conditions of the Lease Agreement applicable to the Initial Lease Term shall remain in
effect during the renewal period(s), except to the extent otherwise agreed to by the parties
in writing.
3.3 Entire Aereement. This Lease AGREEMENT is the entire agreement beriveen the parties
and includes all understandings and agreements for dock space for the SHOWBOAT. All
other agreements, including the Lease Agreement between the LTNIVERSITY and the
CITY dated March 22, 1999, are hereby declared null and void and have no further force
and effect.
o► -I�t�
3.4 Possession. CITY does covenant that the iJNIVERSITY, on paying the rent and
perfornung the covenants herein mentioned, shall and may peaceably and quietly have,
hold and enjoy the Docking Site and Ticketing Facility for the entire term hereof.
3.5 Surrender of Premises. The UNIVERSITY will, at the termination of this Lease, remove
the Showboat from the Docking Site and will quietly yield and surrender the Docking
Site to the CITY in as good a condition as it was in when it took it, normal wear and tear
and damage from the elements excepted. At this time the UIVIVERSITY will also cease
its use of the Ticketing Facility and remove any of its property from therein.
3.6 Holdover Tenancv. In the event LTNIVERSITY remains in possession of the Docking
Site after the termination of this Lease and without execution of a new Lease, it shall be
deemed to be occupying the Docking Site as a tenant from month-to-month only, upon
the same terms and conditions contained herein, insofaz as the same terms are applicable
to a month-to-month tenancy.
IV. Rent
4.1 Rent. UNIVERSITY agrees to pay to CITY as rent for the Docking Site and use of the
Ticketing Facility, during the entire term hereof, the sum of One Dollaz ($1.00} per yeaz
for consideration.
4.2 The UNIVERSITY agrees to pay the CITY an amount equal to fifteen (15%) percent of
any gross revenues generated from payments tendered by individuals or non-University
groups that are not admission chazges for scheduled University Theatre performances,
including, but not limited to; facility rental charges, food and beverage sales, non-
University related novelty sales.
4.21 Any revenues generated by the LINIVERSITY from photography and the sale of
University related novelty sales are exempt from a percentage payment to the
CITY prescribed in 4.2.
4.2.2 In each year of this Lease Agreement, the LTNIVERSITY, at its option, may
assume responsibility for drift removal from below, beside and beneath the
docking facilities (Pursuant to Article 1.1.1) and reduce flie percentage amount
due to the CITY as described in 4.2 from 15°/o to 10%. The IJNIVERSITY must
notify the CITY, in writing, of its intent to exercise this provision by February ls'
of each year of this Agreement for it to be in effect for the year in which
notification is given.
4.23 The IINIVERSITY retains the option to provide use of the Showboat at no charge
to groups including but not limited to other tINIVERSITY units, non-profit
groups or corporations.
o�-�y�a-
4.2.4 If the iJNIVERSITY provides concession vending at all of the scheduled
University Theatre performances in any year of this AGREEMENT, a credit of
$2,000 may be deducted from payments due to the CITY, pursuant to Articles 4.2,
4.2.1 and 4.2.2, in that yeaz.
4.2.5 Payments due to the CITY, pursuant to Articles 4.2, 4.2.1, 4.2.2 and 4:L.4, shall
be paid annualiy on August ln for any payments due through the immediately
preceding June 30w, and December 27t for any payments due through the
immediately preceding November 30th.
V. Covenants & Agreements
5.1 Assienment. LJNIVERSITY agrees not to assign this Lease or any part or rights thereof,
without prior written consent of the CITY, which consent shall not be unreasonably
withheld.
5.2 Facilities. The CITY through the Division of Parks and Recreation, agrees to provide and
maintain during the entire term of this Lease Agreement facilities as described herein and
shown on E�ibits A-1, A-2, B-1, G1, G2, attached hereto and hereby declared a parts
ofthis Lease, at CITY's cost, the following:
5.2.1 Docking - The dock will run along the side of the boat, with access as shown on
E�ibit A-2.
5.2.2 The dock as constructed allows for the Showboat to be moared using the structure
and related pilings. Provisions on the Showboat for connection devices that allow
it to be secured to the dock will be the responsibility of the IJrIIVERSITY, as will
be any protective devices that protect the boat from damage from the dock and
any floating debris.
5.23 Drive-up access will be available to the shore side of the Docking Site and to the
Ticketing Facility at mutually agreed upon locations. Such access will be for the
use of the UIVIVERSITY only for the purpose of making equipment deliveries for
which it is essential to have a neazer delivery point than the adjacent parking lot.
Drive-up access will not be allowed for routine deliveries. This provision shall
not be construed to require the CITY to provide the same access for patrons,
guests or invitees of the iJNIVERSITY or groups usin� the Showboat with
permission of the UNIVERSITY.
5.2.4 Use of a ticketing facility as needed during the LTNIVERSITY performance
season and for other SHOWBOAT events, including telecommunication lines for
a phone and computer.
0 ►-14 a-
5.2.5 Restrooms which aze handicap accessible designated for the audiences,
performers, etc. and available for all uses. The CITY agrees to provide three (3)
female toilets, one of which must meet ADA standazds and two (2) male toilets
(one can be a urinal) and one stall must meet ADA standazds. The CITY may
close these restrooms during the winter, therefore, they may not be available for
use by the iJNIVERSITY during any such time they aze closed for this purpose.
The CITY will consult with the iJNIVERSITY on an annual basis prior to
determining the schedule for the restrooms during the winter.
5.2.6 Handicapped parking as required by code will be provided as part of available
parking within Harriet Island Regional Park. Parking will serve the Showboat as
well as other azeas and attractions within the park.
5.2.7 Lighting for the ticket booth, entrance to the dock and all parking areas will be lit
to provide a safe environment and will meet normal standards for this type of
facility use.
5.2.8 Access to all existing utilities (electricity, sewage, water, phone) will be provided
at or in the immediate vicinity of the Ticketing Facility and Docking Site as
documented in Exhibit C. LTNIVERSITY will be responsible for providing the
appropriate metering and distribution installations, including making provisions to
extend all utility services from agreed upon locations to the Showboat, and will
provide hook-ups and meter installations each spring and cancel the service in the
off-season as needed. The LTI�IIVERSITY shall be responsible to maintain its own
utility equipment, that being the equipment that they provide and install, including
performing necessary disconnects in the event they must be accomplished due to
floods and other similar circumstances.
5.2.9. Natural gas service is not currently available for SHOWBOAT use at the
Ticketing Facility and Docking site. If the LTNIVERSITY desires such service, it
assumes the financial and engineering responsibilities related to its installation,
for such exclusive use except where such service will be available to other users.
Any installation that alters the site requires prior written approval of the CITY.
53 Utilities. The LTNIVERSITY will pay for the installation of all utility meters, for the
agreed upon uses, at the Dock Site and shall pay all utility bills for the Showboat.
5.4 Rieht of Entry. CITY shall have the right to enter the Showboat, during-business hours
upon 24 hours prior notice, provided such entry does not unduly interfere with
tTNIVERSITY's use of the Showboat and Support Facilities. This provision shall not
apply in the event of an emergency or natural disaster which requires immediate action by
the City.
o�-ly�a-
5.5 Caze of Premises. During the term of this Lease Agreement, iJNIVERSITY shall comply
with all applicable laws pertaining to its use of the Docking Site and Ticketin� Facility.
The LTNIVERSITY shall keep the Showboat in good clean and operable condition during
the entire term hereof.
5.6 Performance Schedule Notification. The LTNIVERSITY shall notify the CITY by
February ln of each yeaz of their schedule of events for the upcoming season.
5.7 Schedule Communication. The CITY shall notify the UNIVERSITY by Mazch 1S of
each yeaz of any special events planned for Harriet Island that may cause a disruption in
the activities planned for the Showboat.
5.7.1 Late Scheduled Events. The LINIVERSITY recognizes that the CITY maintains
the option to schedule special events after the initial Mazch 1 annual notification
date. To minimize the potential impacts of the special event as it is related to the
Showboat performance, the CITY will provide prompt notification to and
consultation with the iJNIVERSITY in the event of any planned additions to the
special event schedule. In accomplishing this, the CITY will work with the
UNIVERSITY to coordinate affected schedules and make a concentrated effort to
accommodate the IJNIVERSITY's needs related to the Showboat performance as
scheduled on the day of any special event. The City retains the right to schedule
such special events over the objection of the University if the parties are unable to
cooperatively agree on such scheduling.
5.8 Maintenance Communication. The L3NIVERSITY shall notify and schedule with the
CITY any maintenance work that needs to be done on the Showboat that may interfere
with other Pazk activities at Harriet Island Park. Major maintenance projects shall be
executed off the Harriet Island site.
5.9 Liabilitv. The LTNIVERSITY hereby agrees to defend, indexnnify and hold the CITY
and any of its officers, agents and employees hannless from any claims, damages, or
causes of action arising from the use and operations of the Showboat by UNIVERSITY,
its agents, officers, or employees. The UNIVERSITY shall provide at its own cost and
expense, liability insurance naming the CITY as an additional insured thereon. Insurance
shall cover injury to persons or property in an amount not less than the limits of the
CITY's liability as set forth in Minn. Stat. 466.01 et seq (currently $300,000 individual,
$750,000 aggregate, with the aggregate limit increasing to $1,000,000 on Januazy 1,
2000). iJNIVERSITY shall provide evidence of such coverage to the CITY anmially.
Nothing in this provision shall be construed in any manner as a waiver by the CITY of its
statutory limits of liability, immunities or exceptions. LTNIVERSITY shall be obligated
to maintain such coverage in full force and effect at all times that this Lease Agreement is
in effect, and failure to do so shall be a breach thereof.
o�-i y }-
510 Disaster. That in cases of emergency or disaster such as flood or other natural acts,
LJNIVERSITY will vacate the premises if directed to do so by the CITY's Director of
Parks and Recreation, Fire Chief, Police Chief or other CITY official delegated such
power due to the emergency. The cost of this relocarion shall be born by UI�IIVERSITY.
Further, iJNIVERSITY will make no claim against the CITY for lost business or added
expenses due to this temporary relocation unless the CITY was responsible in whole or in
part for the need to relocate.
5.11 Future Construction. The CITY and LTNIVERSITY acknowledge that conshuction
projects in the Mississippi River areas may be ongoing during the term of the Lease
Agreement and agree to cooperate with each other if the construction causes the
enterprise to be moved to a different location temporarily. Such new location shall be as
accessible and compliant with applicable codes and regulations as the original location, as
is reasonably possible and shall be made at the CITY's cost. The CITY retains the right
to determine any such new location if the parties are unable to agree.
5.12 Alterations. The UNIVERSITY shall make no change, alteration, modification,
improvement or addition to the Dock Site and/or, Ticketing Facility including installing
signs, without the prior written consent of the CITY, which shall not be unreasonably
withheld. The UNIVERSITY sha11 keep the Docking Site and Support Facilities free of
any and all mechanics', materialmen's, and other liens arising out of any work, labor
done, services performed, or materials furnished for the LTNIVERSITY or claimed to
have been so furnished during the term of this Lease Agreement. The CITY agrees to
indemnify the IJNIVERSITY against mechanics' or constitutional liens filed against the
Docking Site and Support Facilities as a result of the improvements to said premises
ordered by the CITY prior to commencement of this Lease Agreement.
5.13 Sienaee. CITY shall provide signage, directing and identifying for the audiences to the
Showboat. The parties will mutually agree in writing to the locations and type of signage
The CITY shall have the right to approve the content and appearance of any signage
located in public areas of the Showboat including signage on the boat's exterior that is
visible from the parlc
5.14 Relationshin. Nothing contained in this Lease Agreement shall be deemed ar construed
by the parties hereto or by a third party to create the relationship of principal and agent or
of a partnership or of a joint venture between CITY and iJNIVERSITY.
5.15 Amendments. All amendments to this Lease Agreement shall be only upon mutual
agreement of the parties hereto, evidenced in writing and signed by the parties, and
incorporated into this Lease Agreement by reference.
5.16 Parties Bound. This Lease Agreement shall inure to and bind the successors and assigns
of the parties hereto.
7
o � -�y�- `
5.17 Inabilitv to Pro2ram. If the LJNIVERSITY is unable to sustain the Showboat
prograinming, the iJNIVERSITY will provide the CITY with a written six-month notice
on or before February 28�' of each yeaz. In such case, the [3NIVERSITY will cooperate
with the CITY to make the Showboat available for alternative programming.
5.18 Accident R�orts. The CITY sha11 provide the iJNIVERSITY with the CITY's accident
report forms. These forms shall be completed by iJNIVERSITY representatives in
instances where accidents at the ShowboaYs Ticketing Faciliry or pocking Site are
reported to or witnessed by IJNIVERSTTY representatives. The iTNIVERSITY shall
deliver completed reports to the CITY within five business days.
5.19 Condition of Dockine Facilitv. The LJNIVERSITY shall notify the CITY immediately of
any conditions that cause the docks to be unsafe.
5.20 Insoection of Records. The CITY has a right to inspect all books and records pertaining
to the operation of the Showboat by the LJNIVERSITY. The CITY shall be granted
inspection of said books and records by providing the tTNIVERSITY with written
notice, whereby the ITNIVERSITY shall have fifteen (15) calendar/working days to
provide such inforxnation to the CITY.
5.21 Vendor Aareements. If at some future date during the terxn of this agreement, the CITY
enters into a contract with a vendor in exchange for product exclusivity within the
CITY's jurisdictions, the UNIVERSITY will honor and cooperate with the provision for
product exclusivity granted to any such vendor, except when such provision for product
exclusivity violates either a UNIVERSITY policy or an agreement between the
LTNIVERSITY and a third party that is in effect prior to the time that this AGREEMENT
is executed.
5.22 Trash Removal. The i1NIVERSITY is responsible for the removal of any trash generated
by the Showboat. Trash collection dumpsters will be located and serviced as approved by
the CITY. The IJNIVERSITY will provide adequate trash receptacles on and
immediately outside of the Showboat to accommodate debris generated by its patrons and
staff:
5.23 Dock Maintenance - The CITY is not responsible for snow removal from the dock. The
IJNIVERSITY assumes the responsibility to clear snow from the dock only as it deems
necessary. The IJNIVERSITY shall not attach anything to or otherwise alter the dock in
any way without the prior authorization of the CITY. The UNIVERSITY shall be
responsible for any damage that it causes to the dock, excluding normal wear.
c�-ly�
5.24 Compiiance with Laws. The TJNIVERSITY shall comply with all federal, state and local
laws and regulafions in the operation, maintenance and repair of the Showboat. Any
penalties assessed by any federal, state or local entity which result from the
LTNIVERSITY's actions or omissions in violation of said laws and/or regulations or its
failure to correct any deficiencies upon order of such entity shall be solely the
responsibility of the LTrIIVERSIT'Y.
VI. Captions and Headings
6.1 Captions and Headin� The captions and headings used herein aze intended only for the
convenience of the reference and are not to be used in construing this Lease.
VII. Default/Cancellation
7.1 Notification of Default. In the event of a default of any term or condition contained
herein, the defaulting party shall be entitled to a Thirty (30) day written notice specifying
the nature of the default. In the event the default is not corrected within said Thirty (30)
day period, or a cure commeneed for the default requiring more than Thirty (30) days to
cure with the defaulting party diligently pursuing correction, the non-defaulting party
may elect to (1) terminate this Lease Agreement immediately and the obligations of that
party as specified herein shall thereupon cease or (2) where the default can be cured by
the expenditure of money may, but without obligation, and without limiting any other
remedies which it may have by reason of such default, cure the default, charge the cost
thereof to the defaulting pariy and the defaulting pariy shall pay the same forthwith upon
demand.
7.2 Individual Breach. All remedies hereinbefore and hereafter conferred on CITY or
L3NIVERSITY shall be deemed cumulative and no one exclusive of the other, or of any
other remedy conferred by law or in equity. The failure of either party to insist in any
one ar more cases upon the strict performance of any of the covenants of this Lease or to
exercise any option herein contained shall not be construed as a waiver or relinquishment
for the future of such covenant ar option. Receipt by CITY of rent due hereunder with
knowledge of the. breach of any covenant hereof shall not be deemed a waiver of such
breach. No waiver by CITY or iJNIVERSITY of any of the provisions of this Lease
Agreement shall be deemed to have been made unless expressed in writing and sianed by
the party expressing such waiver.
73 Damaee to Site. In the event the Docking Site and/or Ticketing Facility are substantially
damaged or destroyed by the elements so as to render them unuseable, either the CITY ox
the i7NIVERSITY may terminate this Lease Agreement upon written notice to the other
party hereto given within Thirty (30) days of such damage or destruction. Both parties
agree that prior to giving written notice of termination they will explore whether repair is
economically feasible and whether temporary relocation of the Showboat is possible.
a�-�ya-
Nothing herein shall require the CITY to repair or replace to Docking Site and/or
Ticketing Facility or to offer an alternative site to the LTNIVERSITY. In the event the
CITY elects to repair the damage, it shall do so in a reasonable period of time, but the
CITY will not be responsible for any damages for lost profits or income to the
UNIVERSITY resulting from its inability to use the premises during the period of
repairs, nor is the CITY responsible for providing alternate premises during the period of
repairs.
7.4 Eminent Domain. If the entire Docking Site and the Ticketing Facility aze taken by
eminent domain, this Lease Agreement shall automatically ternunate as of the date of
taking. If a material portion of the Docking Site or Ticketing Facility are taken by
eminent domain rendering the Docking Site or Ticketing Facility unsuitable for
UNIVERSITY's intended business purposes, either party shall have the right to terminate
this Lease Agreement as of date of taking by giving written notice thereof each to the
other within Ninety (90) days after such date of taking. If neither elects to terminate this
Lease Agreement, CITY shall, at its expense, restore the Docking Site and Ticketing
Facility exciusive of any fiunishing and fixtures owned by LTNIVERSITY, to as neaz the
condition which existed immediately prior to the date of taking as reasonably possible,
and to the extent that the Docking Site and Ticketing Facility aze rendered untenantable,
the rent shall proportionately abate. All damages awarded for the taking of the real
property (excluding the value of the tenant improvements) under the power of the
eminent domain shall belong to and be the exclusive property of CITY, whether such
damages be awarded as compensation for diminution in value of the leasehold estate
hereby created, or to the fee of the Docking Site and Ticketing Facility provided,
however, that CITY shall not be entitled to any sepazate award made to LTNIVERSITY
for the value and cost of removal of its personal property and fixtures and moving
expenses.
VIII. Notices
8.1 O�cial notices required under any provision of this Lease Agreement shall be in writing
and directed as follows:
CITY: CITY of Saint Paul
Director of Parks and Recreation
25 W. 4"' Street, Room 300
Saint Paul, MN 55102
IJNIVERSITY: Regents of the UNIVERSITY of Minnesota
c/o Real Estate Office
424 Donhowe Building
319 -15�' Avenue SE
Minneapolis, MN 55455-0199
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IN WITNESS Wi�REOF, the CITY and UNIVERSITY have executed this Lease
Agreement on the day and year first above written.
LTI�tIVERSITY:
Ginger DeRosier
Leasing Manager
CITY OF SAINT PAUL, CITY:
Mayor
City Clerk
Steven Rosenstone, Dean
College of Liberal Arts
Robert H. Bruininks
Executive Vice President and Provost
REGENTS OF THE UNTVERSITY
OF MINNESOTA, UNIVERSITY
Director of Financial Services
Director of Parks and Recreation
Approved as to form:
:
G:\SP�WPV.greemnisVShowboat U of M.two.wpd
City Attorney
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E�ibit C
Detail Description - Responsibilifies for Utility Installation
l. The CITY shall make electric service available in the ticket building at the location indicated
(#1) . Electric service available to the LJNIVERSITY is 3 Phase, 120/200 Volts, 1200 Amps.
The City shall also provide and install the necessary conduits as required for extending service
from the location indicated (#1) to the top buttress. The UI�tIVERSITY shall provide for the
installations necessary to eatend service from the location indicated (#1) to the Showboat,
including provision of the metering equipment, making required connections and providing
wiring to the buttress and all required installations from the buttress onto the boat.
2. The CITY shall make standazd telephone line service auailable in the ticket building at the
location indicated (#2). The City shall also provide and install the necessary conduits as required
for extending service from the location indicated (#2) to the top buttress. The iJNIVERSITY
shall provide for the installations necessary to extend service from the location indicated (#2) to
the Showboat, inciuding making required connections and providing all wiring to the buttress
and all required installations from the buttress onto the boat.
3. The CITY shall make water service available in the ticket building at the location indicated
(#3) as needed for the fire protection and domestic water service. Water service available is 6"
size and located in the utility room. The UNIVERSITY shall provide all piping, valving,
metering, and other equipment in the building required for their services. The LJNIVERSITY
shall provide and install all fire protection piping out of the building and onto the boat. The
LTNIVERSITY shall schedule this installation as directed by CITY as to coordinate with site and
building construction. The CITY shall provide 1'/z" domestic water piping out of the building
and to the top buttress in a deep-bury service. The ITNIVERSTTY shall make provisions for
extending domestic water service from the buttress to the Showboat.
4. The CITY shall provide an access to sanitary sewer service at the top of the bank in the
vicinity of the top buttress at the location indicated (#4). This service is being made available as
per Showboat drawings indicating a 3" discharge pipe connecting to a 4" sanitary service stub.
5. The UNIVERSITY shall utilize space under the upper ramp for extending all utility services
from the buttress/top of bank locations as indicated to the Showboat. IJNIVERSITY shall
provide a disconnect for all utilities at the top and bottom of the ramp for possible removal
(during floods) of the ramp.
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