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268424 WHITE - GITV CLERK � PINK - FINANCE ITY OF SAINT PAUL Council � CANARV - DEPARTME BLUE - MAYOR File NO. IR . . Council Resolution � � , Presented By Referre o Committee: Date Out of Committee By Date Resolved that the proper City officials are hereby authorized and directed to execute a Lease Agreement with the County of Ramsey for the lease thereto of the southwest activities wing of the City's Recreation Center Building located at 2180 Upper Afton Road for the purpose of the County's servicing patrons of the Battle Creek ski area, a copy of said agreement to be kept on file and of record in the Department of Finance and Management Services. COUNCILMEN Yeas Nays Requested by Department of: Butler 1p [n Favor Hozza Hunt � "�� __ Against Y Roedler Sylvester Tedesc `��� 1 8 t9n� For pprov b 't A y Adopted Council: Date c C ified Passe y Coun Secretary Approve 'Nayor: Dat JAN 2 4 1977 Approv Mayor for S b ' si n to�'ouncil By BY FUBLISH�D !A N 2 9 1977 .y� , , � . . ����.,:�t� LEA5E AGREEMENT This agreement entered into as of the day of , �1976, by and between the City of Saint Pau1, a municipal corporation under Laws of Minnesota (hereafter CITY) having its principal address at 347 City Hall Court House Building in Saint Paul; AND The County of Ramsey, a subdivision of the State of Minnesota (hereafter COUNTY) having its principal address at 316 City Hall- Court House Building in Saint Pau1; FOR The lease of the southwest activities wing of the CITY' s recrea- . tion Cen ter Building located at 2180 Upper Af_ton Road in Saint Paul for COUNTY' s use in connection with its Battle Creek Ski Area located to the southwest of and adjacent thereto. WITNESSETH, the parties agree. l. That in return for the sum of ($1.00) one dollar in hand : paid to the CITY by the COUNTY the receipt of which is hereby acknowledged with the signing of this lease, together with other good and valuable consideration hereafter specified, the CITY agrees to a limited lease of the southwest activ- ities wing (excluding the kitchen area} of its buildinq as . outlined in Exhibit A which is by reference incorporated herein and made a part of this Iease agreement. � ` � � � ���,��4 2 . That the term of this lease shall be for the period of one (1) year with the right of the COUNTY to extend this lease for two (2) consecutive one year periods provided notice is given by the COUNTY to the CITY prior to October 1 of each year of its intended use, or until the COUNTY' s proposed new ski chalet is completed and ready for use, whichever shall occur first. 3. For purposes of this leas�e, the COUNTY' s use hereunder shall be for a ski season which is defined as the period of time commencing ten (10) days before the fall opening of the COUNTY' s Battle Creek ski area and continuing to the lOth day following the spring closing of said area. 4. That the use of the entire area covered by this agreement by the COUNTY shall be limited to the hours of 6:00 p.m. to 10:00 p.m. Monday through Friday; 9:00 a.m. to 10:00 p.m. on Saturday; 12 :00 p.m. to 10:00 p.m. on official holidays. ' �cept that not withstanding any paragraph to the contrary, the CITY may use the leased area from 3:30 p.m. to 5:00 p.m. on Monday. through Friday. 5. That during the lease period of each season the CITY will continue providing heat, water, and electric services to the leased area and the charges for these services shall be the responsibility of the CITY. During the lease period -2- � ������ of each seasan the COUNTY shall assume the responsibility of the lighting charges for the skiing area and such snow making operations as are necessary for skiers ' use of the Battle Creek ski area. : 6 . That during the hours of use the CITY' s concessionaire may occupy the kitchen area and may vend to the user public an appropriate menu of fast foods, hot and cold _ beverages. � 7. In further consideration for this lease, the COUNTY agrees as follows; a. That it will maintain the leased area of the building including the adjacent parking area and access road in a clean and orderly manner at all times. b. That it will provide trash receptacles, trash removal, janitozial services, and snow removal services to the leased area, its access walks, roads and parking lots at no cost to the CITY. c. That it will at all times regulate and confine the parking of cars to the designated parking area. d. That it will at no ti.me license, permit nor authorize the possession and/or use of alcoholic beverages, beer or wine upon the premises leased hereunder. -�- ������ �� � e. That it will reimburse the CITY for any repairs necessitated by COUNTY' s use thereof over and above those resulting from normal wear and tear. f. That it will at all times retain direct possession of and control over the keys to the building, that same shall not be sub-let or assigned and that the building shall be locked and secure when not in use. g . That it c�ll save and hold the CITY harmless fr�n. any and all liability arising out of the COUNTY' s use of the property conveyed by this lease. 8. That the COUNTY shall have the responsibility �of_ maintain- ing a ticket selling booth and �roviding furniture anc� supplies for such an installation as �11 as telephone service for the informatio�al convenience of_ patrons of_ the Battle . Creek ski area. 9. � That the CITY shall have the right to terminate this ' agreement providing it notifies the COUNTY in writing, prior to September 1 of any year, of the need for the facilities leased hereunder to fulfill its recreational needs, and the COUNTY may terminate thi.s agreement upon written notice to the CITY, prior to October 1 of any year, of its desire to do so. IN WITNESS WHEREOF, the parties have caused this agreement to be -4- . . - ����� ��. .-� executed as of the date first above written. FOR CTTY FOR COUNTY By BY Mayor Chairman, Board of Ramsey County Commissioners By BY Director of Finance and Executive Secretary Management Services Approved as to form: - Approved as to form: Harriet Lansing , City Attorney William B. Randall, County Attorney � By �� By__ Assistant Ci y Attorne Assistant County Attorney -5- �:__._--- �T� . � . , "4 �� � � �� Mf�l � , � � ���' �C� t►w i P�'tivrf�ES► � u�,lt�t- �'t1i�Pa66 W�rtJ4� 1�''Op� I RpoM RO�M � � . � • � � � I ! I ._ - - t�+aR � �.� � K�Tu�r�i �� �� I /�t " '�'t`t�t.� G�c ���rtonl �tL;,1tV4�, -- --- AREA sua JEcr ro �,F.ISE �X N / 8 �T /9 � � � �� � � OM 01:: �2/i9?5�� � � _ _..-- Rev. : 9/8J7S ' EXPLANATTQN OF ADMINZSTRATIVE. ORDERS, RESOLU'�IONS, AND ORL}ZNANCES Date: '����''�����. December 23, 1976 � � TO: MAYOR GEORGE LATTMER �R= Robert P. Piram, Superintendent of Parks and Recreation �~ Agreement between City and Ramsey County ACTION RE4UESTED: . County to lease portion of Ba�t1e Creek Recreation Center PQRPOSE AND RATIONALE FOR THIS ACTION: Leased area wi11 be used to service County's ski patrons � ATTACHMENTS: ' Copy of Agreeement Council Resolution �