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96-1443 Council File # � G ��y�3 Green Sheet# 35875 r S�LV 1��N �� TY F S IN AUL, MINNESOTA Presented By: Referred To: t � Committee: Date t 2 s WHEREAS, state laws(Laws 1986, Chapter 462, sec.31)and the City Charter Chapter 25.08) require that the a revenues collected from the additional 3%hotel/motel tax be used to fund a convention bureau to market and 5 promote the city as a tourist or convention center; and s � s WHEREAS,the city desires to enter into an agreement with the Saint Paul Convention and Visitor Bureau as the s convention bureau required by law and charter; and �o �� �z WHEREAS, a contract (attached)has been agreed to for 1997 between the city and the bureau; 73 14 15 �s NOW THEREFORE BE IT RESOLVED,that the Clty Council approves the 1997 contract between » the Clty and the Saint Paul Convention and Visitors Bureau. �s �s � 2� n � za 25 26 27 28 29 30 31 32 33 34 r.� n� a�.M Requested by Department of: Blakey so:ero,� Budget Office Ouerin H�►.rs By: Joe Reid 1Nepard Rettnwn m„►►e Appr Recommended by Budget Director: - 0 By. /1,� Q- ' Adopted by Council: Date Q�\T�q (e Form Ap d by Cit ttorn y� Adoption Certified by Council Secretary: , �(\ By: By� \ \ �� � � �rr--�enis.�_ ` / Approved by Mayor for Submi ion to Council: Approved by Mayor: Date /Z� �J `� By: By: s�r.we�aanomo��:tu�rnom,.�e�4�.vnu� ��na�e � �„� � 9 G�iyy,� sa�coe� 11-2ase GREEN SHEET No. 35875 �„�.�.� � �.,�,�� p ��. Ja Reid 266-8543 ,�„�,,..a, �i c�rr sn�an+sr [� extv ca�x ����..,�,,.,��,,,�, � o �� n �.�.�.��. Q cc. �� �qq (p �,►,��„�„�, p �.�,�,� TO'FAL 1�O�'SIGNATURE PAGBS (CLiP ALL LOCATI4N5 FOR SIGNATURE) �e�es+'� Approv�e 1997 oonhact with City and Convention and Visitors Bureau to spend HoteVMotel tax c+eceipts. ��Tto���ypem�.tN er�e W PERSONAL SBRYIGE CONTRACTS M[JST i4NSVVER Tt��(N.LOWING QU8$TIONS: �a� cava.aertvx;s�uox 1.Ha�this pasonlrsm evarwot)ced mda�s contesc�16r tlrie dapar�? cs oo�sQrne _ YES ND _�st� _ 2.Hss th�penou�rm ever been a�ity ampto�yee? psnncroouar ._ YES NU xfipotra w�ncs�ootnx�.as�acrivsr 3.Doos this p�ir�powees s ddlt sot ao�ath'Po�ed bl'mp a�t cttY o�loyee? YES 1Q0 (Bz ab aN a�awers on sheet and�ttad�to al�f.) �enstntn+a wlps�t n�n[aPpaa7veqrY(vra w�r.wnr�.wiK..aeqrk State laws allowin�the additional 3'No aales tax(Laws of 1986,Chapter 462,Sec.31)requires that"95�.of t�re revenues generated by this tax shsll be nsed to fimd a ca��ntion bureau to merket end pmmote the city as a tourist or conveation ceata." Chapter 25.08 of the City Charter has similar language. The City ahoutd have e coatract to reflect both the 1aw,the chaRer and city policy. �:, �►nvNrr�s��rr�eov� . The city can pay the proceeds of the hoteUmoUel tax as dirxtsd by state laws and City Charter w the CVB. DISADYAMMH3�APPROV�: x�. Counc� i�s�nrc� Cenfi�r DEC 0 21996 � Y' � } � DtBADYANT/W8S0/t�q'I'APPROV�: . . . . The city would not be in compliance with state laws and city charter. � TOYALAMOUNTOYTRANBACTION� +1�X�,�XXX COiT/R6V6NU6BUDCST6D(CiRfLBON� - ( Y6S ) lV0 � �� NNDlIYG 80URCL dJQ3O 1 l/0 ACTIVRY NUMBBR � FI}iANC1AL[�ORIitAT10N:(E7�[.AlN) � � s.�m P.��e�oma.�:+w��ro�cw i�.mu> ».zaa � � °IG - 1y4 � MISSION AND GOALS Saint Paul Convention and Visitors Bureau Saint Paul Civic Center Authority Revised June 28, 1996 Mission of the Saint Paul Convention and Visitors Bureau The Saint Paul Convention and Visitors Bureau is the marketing organization to bring out-of-town visitors to the greater Saint Paul area to strengthen the economy, generate revenue and create employment. Its purpose is to market and sell the resources of the area for use by conventions and by leisure travelers. As a non-profit organization, the Bureau works closely with its members to encourage professionalism and partnership within the industry. Mission of the Saint Paul Civic Center Authority The Saint Paul Civic Center is a city-owned, multi-use facility organized under state law, which houses conventions, single, multiple day and civic events. Its purpose is to serve, improve and enhance the community of Saint Paul by attracting and keeping events which contribute to the economic, cultural, educational and social health of Saint Paul. The Saint Paul Civic Center Authority is committed to operating the facility in a fiscally responsible and cost effective manner. Joint Mission The shared mission of the Saint Paul Convention and Visitors Bureau and the Saint Paul Civic Center Authority is to sell the Civic Center as a site for events and to service those events with the highest level of professionalism in furtherance of the respective mission of each organization. Shared Goals: 1. To research, draft and implement consistent, professional, industry-recognized policies and procedures for selling, pricing, contracting, scheduling and hosting conventions and events at the newly expanded Saint Paul Civic Center. Strateg,y 1. To research policies, staffing and procedures used at other state-of-the art convention centers and to visit centers for the purpose of collecting document samples, touring and evaluating facilities and consulting with facility operation managers in order to learn from their experience. Action: Ad hoc Joint Powers Executive Committee, Executive Directors and key staff will tour a minimum of three facilities. Bureau will coordinate. Bud�t_$10,000 (airfare, lodging, meals, etc. Possible in-kind donations will offset costs). Deadline: October 1, 1996. Strategy 2. To schedule a series of round table discussion sessions with state and national meeting planners and local convention service contractors to review the proposed new Civic Center policies and to seek feedback on any additional changes that may be needed. Action: Two meetings held with a total of 10 professionals. Attended by Executive Directors and key staff. Bureau will coordinate. Budget: $350. Deadline: September 15, 1996. . � 9 �- 1y�►3 Strategy 3. To finalize new contracts, pricing structures and policies for the Civic Center. Action: Documents prepared and reviewed by Executive Directors and key staff and presented for approval by ad hoc Joint Powers Executive Committee. Civic Center will coordinate. Bud�et: tbd. Deadline: October 15, 1996. 2. To magimize the best possible use of alt facilities within the newly egpanded Civic Center and to pursue events which will contribute positively to the economy of the City of Saint Paul and which will generate revenue for the Civic Center. Strategy 1. To finalize and implement a booking policy for the Civic Center. Action: Bureau and Civic Center staff to finalize a proposed policy for presentation/adoption by the ad hoc Joint Powers Executive Committee. Bud�et: N/A. Deadline: October 15, 1996. Strategy 2. To develop an information system(e.g. booking calendar, e-mail, Internet) between the Bureau and Civic Center and agree on the type of software programs that will provide the most information and the best format for Bureau and Civic Center management. Action: Staff to review existing information system and recommend changes to Executive Directors. Bud�et: tbd. Deadline: October 15, 1996. Strateg,y 3. To review e�cisting Bureau and Civic Center marketing plans and to prepare a 1997 plan for marketing the newly expanded Civic Center. Action: Staff to prepare a 1997 plan for Civic Center marketing with specific measurements, responsibilities and costs identified for presentation to Executive Directors and ad hoc Joint Powers Executive Committee. Bud�et: N/A. Deadline: November 15, 1996. Strategy 4. To form a joint planning committee in conjunction with the Civic Center Expansion Committee responsible for planning the grand opening of the newly expanded Civic Center. Action: Members of Authority and Bureau boards, industry representatives and key staff to be appointed by marketing committees of Bureau and Authority and Executive Directors. Bud�et: N/A. Deadline: August 15, 1996 (first committee meeting). . � "� �• � �4y'3 3. To provide seamless delivery of services to events using the Civic Center and other resources within the City. Strategy 1. To set a plan for hiring and training convention service personnel with the goal of providing seamless delivery of services to events using the Civic Center and other resources within the city. Action: Executive Directors review staffing plans used for Bureaus and Convention Centers with similar sized facilities and determine staffing plan,job descriptions, training schedule and budget. Bud�et: tbd. Deadline: October 30, 1996. 4. To establish systems for ongoing, formalized communication between the staffs and boards of the Authority and the Bureau. Strategy 1. To elect a representative of each board to serve as a non-voting member of the other's board. Action: Each board to elect a representative to serve on the other's board. Bud�et: N/A. Deadline: September 1, 1996. Strategy 2. To continue monthly staff meetings of the Bureau and Civic Center for the purpose of understanding each other's challenges, reviewing accounts, policies and procedures and tracking progress on the goals and strategies stated herein. Action: Monthly staff meetings held with minutes produced for Executive Directors' and board Chairs' review. Bud�et: N/A. Deadline: ongoing. Strategy 3. To co-locate the offices of the Bureau and Civic Center in space created in the newly expanded Civic Center. Action: Executive Directors to negotiate a lease agreement for approval by the boards of the Bureau and the Authority. Bud�et: Lease terms to be negotiated. Deadline: Move to occur by mid-1998 as determined by construction schedule. . � q� - 1yy3 5. To establish a six-person ad hoc Joint Powers Executive Committee consisting of the Chair and one representative of both the Authority's and the Bureau's Board of Directors and the Mayor and a member of the Saint Paul City Council to oversee implementation and communication of the shared goals and strategies, to facilitate dispute resolution and to investigate other possible ways of cooperation and reorganization. No one serving on the Joint Powers Egecutive Committee shall serve concurrently on more than one of the participating entities. Strategy 1. To establish by the Chairs an ad hoc Joint Powers Executive Committee and present resolutions for adoption by the Bureau's and the Authority's boards. Action: The Authority and Bureau boards to elect a representative each, to invite the Mayor and Council participation and to schedule meetings on a regular basis. Bu�: N/A. Deadline: First meeting to be held by September 15, 1996. Strateg,y 2. To communicate with City leaders, Saint Paul area organizations, the Bureau membership, convention, event and local media regarding the shared goals and ad hoc Joint Powers Executive Committee. Action: Board Chairs and Executive Directors to determine communication plan and implementation schedule. Bud�et: N/A. Deadline: August 1, 1996. °I�- lyy3 AGREEMENT for 1997 by and between CITY OF SAINT PAUL and SAINT PAUL CONVENTION AND VISITORS BUREAU `lt- lyy3 AGREEMENT This Agreement, made as of the day of , 19� by and between the City of Saint Paul, a municipal corporation of the State of Minnesota ("City"), and the Saint Paul Convention and V'isitors Bweau, a 1Vlinnesota nonprofit corporation("Bweau"). WHEREAS,the City has levied and is collecting a tax on hotel and motel usage within the geogaphic boundaries of the City(the"Market Area"), a portion of which is specified by state law for use by a convention and visitor bureau to promote the market area as a convention and tourism destination, generating hotel room stays, restaurant, entertainment and retail business and accompanying revenues to benefit the City, and those persons and businesses located in the Market Area;and WHEREAS, the Bureau is organized to promote and market the Market Area and the convention and hospitality facilities situated therein as a towist and convention center, including assisting in maximizing the use of the Civic Center which is operated by the Saint Paul Civic Center Authority, an_.agency of the City (the "Authorit}�') so as to benefit the City, and those persons and businesses located in the Market Area;and WHEREAS, the City desires to retain the services of Bureau to market and promote the Market Area as a tourist and convention center and Bureau is willing to do so subject to the terms and conditions as set forth in this Agreement, - 2 - °t�- 14 y� NOW, TI-�REFORE, in consideration of the premises and the mutual covenants, conditions and promises herein contained, the parties hereto agree as follows: ARTICLE I 1.1 This Agreement shall be for the term of one year and shall commence as of the first day of January, 1997 and sha11 terminate December 3 l, 1997, unless e�ended as provided in Section 1.3 below. 1.2 The City may ternunate or suspend, upon thirty(30) days written notice, or such additional time as is mutually agreeable between both parties to allow for the orderly transition of the Bureau's services to be furnished hereunder. The Bureau shall be notified in writing by the City of the ternunation or suspension of the Bureau's services, and thereupon such services on behalf of the City shall be halted immediately. In the event of such termination or suspension, the Bureau shall be entitled to reasonable compensation for a11 expenses theretofore incurred by the Bureau and documented, but limited to those expenses which relate to services specifically authorized in accordance with the terms of this Agreement prior to the date of ternunation or suspension. In the event of ternvnation or suspension, copies of all finished and unfinished documents prepared by the Bureau and compensated for under this Agreement shall be forthwith delivered to and shall become the property of the City. The City sha11 be fully and solely responsible for any use the City or others make of these documents. - 3 - q �- IHH 3 1.3 On or before October 1, 1997, and each subsequent year if this Agreement is renewed, the Bureau will initiate a request in writing to renew this Ageement for a subsequent one-year term. The City will respond in writing within 30 days if it is the City's intention not to renew the Agreement. Otherwise, the Ageement will be renewed automatically for subsequent one year terms. Failure on the part of the Bureau to provide the written request will cause the Ageement to terminate. -4 - °Ic.- I� y � ARTICLE II SCOPE OF SERVICES TO BE PROVIDED BY BUREAU 2.1 The Bureau shall submit to the City a conveirtion/tourism marketing plan (the "Marketing Plan"), setting forth the scope of services to be provided by the Bureau, and the manner in which the Bweau intends to promote the use of the Civic Center and Market Area. The 1997 Marketing Plan will be submitted prior to January 1, 1997. 2.2 The parties contemplate that the services to be performed by the Bweau will include,but shall not be limited to,the following activities: a. The preparation and distribution of materials which present the meeting, convention and trade show potential of the Civic Center and the Market Area. b. The prepazation and distribution of marketing materials which promote hotels, restaurants, meeting facilities and other retail businesses within the Market Area. c. The preparation and distribution of marketing ma.terials which promote the cultural and educational attractions within the Market Area. d. The provision of hospitality services for persons attending meetings, conventions and trade shows at the Civic Center and other facilities within the Market Area. e. In association with major area attractions to collect and evaluate - 5 - `��- tyy � tourism reseazch. 2.3 The Bureau recognizes the investment of the City and the Authority in the Civic Center and the importance of achieving maximum occupancy in the Civic Center for meetings, conventions and trade shows. Accordingly, the Bureau shall, as one of its primary objectives, solicit meetings, conventions and trade shows that utilize the Civic Center. 2.4 The City recognizes that the Bureau will not be able to successfiilly market and promote the Market Area and the Civic Center without the Authority willing to partner with the Bureau and the City will use its best e�orts to influence the Authority to parmer with the Bureau in the following ways: a. provide the Bureau on a timely basis with all pertinent information regarding local and consumer events. b. input on a priority basis, accurate, detailed, relevant information into the Authority's booking software, linked to Bweau soflware relating to the Civic Center so as to provide the Bureau with access, including the nature of any booking dates on hold(tentative, definite, second option, move in-out days). c. provide the Bureau on a timely basis with appropriate, fully updated marketing and operations collateral relating to the Civic Center, including but not limited to: (i) Technical specifications. - 6 - 9`- tyy � (ri) Policy and procedure manuals. (iri) Floor plans, photographs and slides. (iv) Equipment inventories and price lists. (v) Sample contracts. (vi) Civic Center booking data -event days by type, revenue generated etc. (vii) Marketing materials, press releases, etc. (viii) Union contracts. (ix) Rate structures. d. provide the Bureau with timely access to the Civic Center facility for tows,familiarization trips, etc. e. execute contracts on a timely basis. f. respond in a timely manner to all requests from the Bureau, or persons and organizations which have booked or have expressed an interest in booking the Civic Center. g. conduct its operations consistent with a world-class convention and trade show facility and in accordance with the expectations of persons and organizations which sponsor major conventions and trade shows. - 7 - q1•-14y 3 ARTICLE III COMPENSATION TO BUREAU 3.1 So as to provide funds to cany out the purposes of this Agreement, the City shall pay to the Bweau a fee in the amount and in the manner and at the times herein specified. It is expressly agrced and understood that in no event shall the total amount for services rendered under this Agreement exceed the fee amount stated herein. The total fee paid to the Bureau for the term of this agreement will be 95%of the second 3%of the lodging tax collected plus 10%of the first 3%of the lodging tax collected by the City in the previous month. 3.2 Payments will be made monthly, on approximately the 15th da.y of the month succeeding the due date of the hoteUmotel tax receipts from the collecting hotels/motels. The Bureau may request an advance of funds in writing subject to the Mayor of the City or his or her designee's consent in writing. - 8 - g� -lyy3 ARTICLE N BOOKS.RECORDS AND REPORTS 4.1 The Bureau shall maintain its records and financial statemerns in accordance with generally accepted accounting principles. 4.2 The Budget and records of the Bureau, including direct personnel and consultant expenses pertaining to this Agreement shall be kept on a generally recognized accounting basis and shall be made available for inspection by the City within 14 days of the City's written request. The Bweau's 1997 budget forecast will be submitted prior to January 1, 1997. 4.3 The Bweau shall maintain all records relating to its performance hereunder, including supporting documentation, for a period of not less than five(5)years. 4.4 No later than one hundred twenty(120)days after the end of each fiscal year of the Bureau, the Bureau shall submit to the City an audited financial statement of the Bweau for the fiscal year then ending prepared by an independent certified public accountant, in accordance with generally accepted auditing standazds. 4.5 The Bureau shall prepaze and submit to the City within thirty (30) days following the end of each calendar quarter the following: a. A list of all meetings and conventions booked by the Bweau in the previous quarter and year to date including: - 9 - °1�-Iy�t3 (i) the name of the event; (ii) the date of the event; (ui) the facility booked for the event; (iv) the anticipated attendance at event; (v) the anticipated exhibit space(if any); (vi) the anticipated expenditures by persons attending the event; (vii) and the anticipated lodging nceds. b. A report on the approximate number of visitors attracted to the City as a result of the meetings and converrtions booked by the Bureau through the previous quarter and year-to-date. c. A calendar list of future meetings, conventions and tradeshows which are scheduled to occur within the Market Area and which are known to the Bureau(including those booked by the Bureau pursuant to this Agreement). Such list shall include the total number of persons anticipated to be in attendance at such meeting or convention. d. A list of all industry meetings attended by Bureau employees during such quarter in an attempt to induce organizations to hold meetings, convenrions and tradeshows at sites within the Mazket Area, and group tour operators to select the Market Area. - 10 - °1�-14y3 e. A list of all travel agents, tour brokers, travel writers, meeting, conventioq and trade show pla.nners, and other promoters of business and leisure travel hosted by the Bweau individually or by means of familiarization trips during such quarter. f. A list of all special promotions sponsored by the Bweau to induce persons to select the Market Area as a site for meetings, conventions,trade shows and group tours. g. Such additional information and reports as reasonably requested by the Mayor of the City or his or her designee(s). - 11 - q`-14y3 axTTC�v MIsc�.�ous cov�varrrs 5.1 No member of the City Council of the City, or any officer or employee of the City shall have any personal interest, direct or indirect, in any contract made by the Bureau in performing the services hereunder. 5.2 The Bureau sha11, for the purpose of this Agreement, be deemed to be an independent contractor, and not an employee of the City. Any and all employees of the Bureau or other persons, while engaged in the performance of any work or services required by the Bweau under this Agreement, shall not be considered employees of the City, and any and a11 claims that may or might arise under the Workers' Compensation Act of Nfirinesota. on behalf of said employees while so engaged, and any and all claims made by any third paxty as a consequence of any act or omission on the part of the Bureau's employees, while so engaged on any of the work or services to be rendered, sha11 in no way be the obligation or responsibility of the City. 5.3 The Bureau warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for the Bweau, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Bureau and attorneys for reviewing, drafting or negotiatin� this Agreement, any fees, commission, percenta.ge, brokerage fees, gifts or any other consideration, contingent on or - 12 - °1�- 14y3 resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreemern without liability, or at its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fees, commission, percentage,brokerage fee,gift or contingent fee. 5.4 The Bureau shall endeavor to comply with all applicable Federal, State and local laws,together with a11 ordinances and regulations applicable to the work, particularly Chapter 183 of the Saint Paul Legislative Code. Bureau shall procure all licenses, pernuts, or other rights necessary for the fulfillment of his obligation under this Agreement. 5.5. Except as provided herein, the Bureau shall not assign this Agreement without the prior written approval of the City; provided however that the Bweau may enter into such contracts as it may reasonably deem appropriate or helpful to cany out and perform its obligations under this Agreement. 5.6 This Agreement shall be subject to change, amendment or modification only by the mutual written consent of both parties. ARTICLE VI - 13 - qC-lyy3 INDEMIVITY 6.1 The Bureau shall hold harmless, indemnify,protect and defend the City, its o�cers, agents and employees from all suits, actions or claims of any character brought for or on account of any injwies or damages received by any person or property resulting from any error, omissions or negligent act of the Bureau, its employees or agents in canying out the terms of this Agreement. - 14 - q�- 14y3 ARTICLE VII TOWN SQUARE HOTEL ACCOUNT 7.1 To finance the re-opening and renovation of the hotel in Town Square (the "Town Square Hotel"), the City, along with the Port Authority of the City of Saint Paul (the"Port Authorit�'), Capital City Properties, a nonprofit affiliate of the Port Authority and the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (the "HRA"), has entered into a Town Square Hotel Moral Obligation Agreement (the "Moral Obligation Agreement") under which the City has agreed to create a"Town Square Hotel Account"to be used, at the City's sole discretion, to pay principal and interest due on the $5,900,000 Hotel Facility Revenue Bonds (Radisson Inn Town Square Project)(the Bonds"), and to be funded as follows: 1. By hoteUmotel tax revenues received by the City which are dedicated to the general use of the City and which are generated by(i)the re-opening of the Town Square Hotel; and(ri)the Radisson Kellogg Hotel in excess of a base amount; 2. By the portion of the hoteUmotel tax revenues received by the City,which are dedicated to the funding of a convention bureau for purposes of marketing and promoting the City as - 15 - qC-�y43 a tourist or convention center and which are generated by(i) the re-opening of the Town Square Hotel; and(ri)the Radisson Kellogg Hotel in excess of a base amount;and 3. By an annuallevy of$100,000 which the Port Authority has agreed to request and the City has agreed to make under Nfinn. Stat. 469.053, subd. 6. 7.2 The Bureau authorizes the City to retain and deposit in the Town Square Hotel Account the portion of hoteUmotel tax revenues which are generated from the reopened Town Square Hotel and to which the Bureau is entitled under the terms of this agreement. 7.3 The Bureau authorizes the City to retain and deposit in the Town Square Hotel Account the hoteUmotel tax revenues to which the Bureau is ernitled under the tenns of this a�reement and which are generated from the Radisson Kellogg Hotel and in excess of the amourns of the hoteUmotel tax revenues received by the Bureau from the Radisson Kellogg Hotel in 1994 or 1995, whichever is greater("Excess Radisson Kellogg Hotel HoteUMotel Tax Revenues"). 7.4 The Bweau authorizes the City to retain the hoteUmotel tax revenues as specified in paragraphs (7.2) and (73)until the amount accumulated in the Town Square Hotel Account equals three times the "maximum annual debt service" as that term is defined in the Moral Obligation Agreement. - 16 - qC - 14y3 7.5 The City agrees to pay the Bureau, or its successor organization, the Town Square Hotel HoteUMotel Tax Revenues and the Excess Radisson Kellogg Hotel HoteUMotel Tax Revenues received by the City following the accumulation of three times the maximum annual debt service in the Town Square Hotel Account. 7.6 The parties agree that in the event a deficiency exists in the Town Square Hotel Account because the City has used the funds for purposes of paying debt service on the Bonds, then the City may, at its sole discretion, require the Port Authority, the City, and the Bweau, or its successor organization, to reinstitute their contributions to the Town Square Hotel Account as provided in this Article and the Moral Obligation Agreement until the amount in the Town Square Hotel Account equals three times the maximum annual debt service. The Bureau agrees that, upon receipt of notice from the City that such cornributions have been reinsrituted, and provided that such contributions are to be made on a pro rata basis, the City is authorized to again retain the amounts described in paragraphs(7.2) and(7.3)until the amount in the Town Square Hotel Account equals three times the maximum annual debt service. - 17 - °l`- 14�1 � 7.7 The City agrees that upon ternunation of the Moral Obligation Agreement, which is to occur on the earlier of 25 years or the repayment of the Bonds, any amounts which the Bureau has authorized the City to retain in the Town Square Hotel Account plus earnings and which are not used to pay debt service on the Bonds, shall be paid by the HRA to fund a convention bweau for the purpose of marketing and promoting the City as a tourist or convention center destination. - 18 - °��-1`Iy � ax�c�v� NOTICES AND CONSENTS 8.1 All notices, consents and other communica.tions under this Agreemern shall be sufficiently given and shall be deemed given when delivered personally or mailed by first-class mail, postage prepaid, with the address as hereafter indicated. The City and Bureau may, by written notice given to the other, designate any other address: To/for the City: Mayor City of Saint Pau1 Room 390, City Hall 15 West Kellogg Blvd. Saint Paul,MN 55102 To/for the Bureau: Executive Director Saint Paul Convention and Visitors Bweau 102 Norwest Center 55 East Fifth Street St. Paul,N1N 55101 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed in their behalf respectively by their proper officers as of the day and yeaz first above written. SAINT PAUL CONVENTION CITY OF SAINT PAUL &VISITORS BURE � � � L����-�� ts Chaiirnan Mayor • �� //l an - Its Executive Director Director,Department of Finance&Management Seivices Ap ved To � As istarrt City Attorney � cro�,aact.ao� - 19 -