270313 WHI7E - CITV CLERK
PINK - FINANCE ��l����
CANARY - DEPARTMENT GITY OF SAINT PAUL COU�SCIl
BLUE - MAYOR File NO. � � P 3
,.�.
o n il es lution
Presented By
Referred To Committee: Date
Out of Committee By Date
WHEREAS, the City of St. Paul is the fee owner of certain properties
located in the vicinity of Snelling Avenue and Midway Stadium in
St. Paul, upon which properties is presently a firefighting training
facility; and
WHEREAS, the City of Minneapolis is desirous of using said facilities
for the purpose of training its fire department personnel; and
WHEREAS, the City of Minneapolis desires to enter into the lease
agreement attached hereto for its non-exclusive use of the fire-
fighter training facility.
NOW, THEREFORE BE IT RESOLVED, The attached lease agreement is
approved and the proper City Officials are hereby authorized and
directed to execute the agreement.
COUNCILMEN Requested by Department of:
Yeas NaS�s
Butler
Hozza In Favor
Hunt
Ro�ee �'d!r _�__ Against BY —
Sylvester
Tedesco �._.- �AN 3 �g78 Form A oved by City At±orney
Adopted by,Co"uncil� Date �
�
Certif.red Pass y Counci " tary � BY
%�
� ` N 4 �978 App ve y Mayor for Submi ion o C cil
Appr e y 17ayor. Da e
By BY
�?tl�LiSH�D ti t��� 1 4 '9�$
�:������
CITY OF SAINT PAUL
INTER-DEPARTMENT MEMORANDUM
� � � ��
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December 2 3, 19 7 7 � � � �i� �
+�E: ' ,� :��7'
. __'� _
To: Peter Hames
1
From: John Paul Martir��`�.���
Re: Firefighter training center lease
Attached are the orginal and three (3) copies of the above
lease together with a Council Resolution which would imple-
ment it.
If you have any further questions regarding the docum.er.t,
please call.
O
. {
2''������!�
LEASE AGREEMENT BETWEEN TFiE CITY
OF MINNEAPOLIS AND THE CITY OF
SAINT PAUL, FOR THE OPERATION OF �
A JOINT FIREFIGHTER TRAINING
FACILITY.
THIS AGREEMENT, Made and entered into as of ,
. 19 , by and between the CITY OF SAINT PAUL, a municipal corpora-
tion, in the County of Ramsey, hereinafter referred to as the
"Lessor" , and the CITY OF MINNEAPOLIS, a municipal corporation,
in the County of Hennepin, State of Minnesota, hereinafter referred
to as the "Lessee";
h'ITNESSETH:
WHEREAS, The Lessor is the fee owner of certain properties
located in the vicinity of Snelling Avenue and the Midway Stadium,
and more fully described in Appendix "A" , upon which properties
is presently a firefighting training facility; and
WHEREAS, The Lessee is desirous of using said facilities for
the purpose of training its fire department personnel; and
WH�REAS, The Lessee desires to enter into a Lease Agreerient
for the joint use of the said firefighter training facility for
the 'purpose of training its fire department personnel; and the
Lessor is willing to provide lessee the non-exclusive use of said Faci-'
lities;
NbW, THEREFORE, In consideration of the covenants and agreements
hereinafter set forth, the Lessor and tYie Lessee agree as follows :
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ARTICLE I �
TERM �
Section 1. Effective Date. This Lease is effective from
and after January 1, 1978, or the date on which it is executed
by the parties, whichever is the earlier.
Sec. 2. Term. The term of this Lease shall begin on the
effective date and continue until and incluc�ing December 31,
1987.
Sec. 3. Renewal. This Lease may be renewed at the option
of the Lessee for a period of one year and thereafter as the
parties may agree.
ARTICLE II
LEASE ADID USE OF PREMISES
Section 1. Lease of Premises. The Lessor, in consideration
of the compensations and the covenants and agreements set forth
herein to be kept and performed by the Lessee, does hereby demise
and lease unto the i�essee for its non-exclusive use and enjoyment,
the premises, all buildings, grounds, equipment, and facilities at
and upon said Firefighter Training Facility, as hereinafter de-
scribed:
Sec. 2. Description of Premises. Shown as shaded area on
Exhibit "A" attached hereto. '
Sec. 3. Description of Buildings. Two portable classroom
structures.
Sec. 4. Description of Grounds. Concrete slab surrounding tower.
Sec. 5. Description of Equipment. Reservoir.
Sec. 6. Description of Facilities. Six-story training tower.
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Sec. 7. Dates of Occupancy and Access. The use by the .
Lessee of the premises, buildings, grounds, equipment and facili-
ties shall commence on the execution of this agreement and shall
continue through the term of this Lease unless the renewed or
extended as provided herein.
Sec. 8. Exclusive Use. Neither party shall have exclusive
use of any of the buildings, grounds, equipment, or facilities.
Sec. 9. Joint Use.
Subdivision 1. Joint Use Committee. The parties
shall establish a Joint Use Committee, composed of such persons
as each of the parties shall decide.
Subd. 2. Powers. The Joint Use Committee shall
establish a schedule for joint use of the facilities herein de-
scribed, which shall provide each of the parties equal time in
the use of the facilities for the purpose of fire department
training. Such program and amendments thereto shall be submitted
to the respective fire department chief of each of the parties ,
and become a part of this Agreement.
Subd. 3. Additional Lessees. In the event Lessor
leases the premises for firefighting training purposes to additional
municipalities or political subdivision as co-tenants of lessee here-
R
in, the use schedule established under subdivision 2 shall be amended
to provide equal access and use to such co-tenants.
.
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� ARTICLE III
SERVICES TD BE PROVIDED BY LESSOR
Section l. The Lessor, within the limitation of available
� funds, shall provide the following services as stated herein:
(a) Maintenance of buildings, grounds, and equipment;
(b) Rubbish and fire debris removal;
(c) Towing costs of cars used for training purposes;
(d) Necessary snow plowing, including roads, parking
lots, and platforms;
(e) Toilet facilities;
(f) The material and construction of floors, partitions,
etc. , in the tower, necessary to create different
training problems in accordance with the training
schedule.
ARTICLE IV
UTILITIES �
Section 1. Electricity. Electricity hookup shall be pro-
vided �by the Lessor to the Lessee. �
Sec. 2. Gas. Gas hookups for heating and otherwise will be
.
provided to the Lessee.
Sec. 3. Telephone. Public telephone hookup will be provided
to the Lessee.
Sec. 4 Refuse Collectivn. Refuse services shall be provided
by the Lessor.
Sec. 5. Water and Sewer Services. Water, for training and
otherwise, and sewer services shall be provided the Lessee.
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ARTICLE V
COMPENSATION
Sec. 1. Fixed Rent. As consideration for benefits derived
and enjoyed by the Lessee under this Lease Agreement, as well as
the promises and covenants herein contained, the Lessee shall pay
a fixed rental for the years 1978 through and including 1984 ,
the amounts of said rental being set forth in Exhibit B, attached
hereto and made a part of this agreement.
Sec. 2. Operating Expenses. In addition to the fixed rental
amount set forth in Exhibit B, the Lessee Agrees to reimburse the
Lessor fifty (50) per cent of the costs for operating expenses for
the term of this lease; the operating expenses being those including,
but not limited to, services, utilities, and repairs set forth in
Articles III, IV and IX herein.
ARTICLE VI
METHOD OF PAYMENT
Section 1. Fixed Rent. The Lessee shall pay to the Lessor the
fixed rental for each year specified in Article V on a bi-annual
basis. Payments of one-half (1/2) of the yearly amount set forth
in Exhibit B shall be due and payable on April 1, and one-half
(1/2) on October 1 of each and every year until and including
October 1, 1984.
Sec. 2. Operating Expenses. The Lessee shall pay to the
Lessor reimbursement for operating expenses as set forth in Article
V herein, within thirty (30) days of receipt of billing by the
Lessor. The expense billing shall detail expenditures made by
Lessor for operating expenses.
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FIXED RENTAL
Z978. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$42 ,964.00 *
1979. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $28,275. 00
1980. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $27,269.00
1981. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$26,296. 00
1982. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25 ,282 .00
1983. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$24,270 .00
1984. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $23,980. 00
* This amount includes unpaid rent for 1976 - in the amoun� of
$14, 000. 00.
EXHIBIT B �
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ARTICLE VII '
SUBSEQUENT LESSEES
Sec. 1. A�3itio�al Lesees. The Lessor reserves the exclusive
right to lease the premises, facilities, grounds , buildings, and
equipment, herein described, to additional municipalities and
political subdivisions for the purpose of firefighter training
for their non-exclusive use as co-tenants to Lessee, herein.
Sec. 2. Rent Credit. The parties hereto agree that if any
additional municipality or political subdivision becomes a lessee
as to this firefighting facility, during the term of this aaree-
ment, the City of P�inneapolis shall have an interest in rent
paid by such subsequent Lessee as set forth herein.
Fifty (50) per cent of any rent paid by a subsequent Lessee
of these premises for firefighter training purposes �uring the
term of this agreement shall be credited to rental payments due
by the Lessee herein in the year it is actually received by Lessor.
Notwithstanding the above, the Lessee herein shall have no
right to rent payable by additional Lessees beyond the term of
this agreement.
This section shall not be construed to grant Lessee �erein the
right' to withold rent due and payable in anticipation of Lessor's
zeceipt of rent accrued but not paid by subsequent Lessees.
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- • ' ARTICLE VIII
ADDITIONAL FACILITIES -
BUILDINGS, GROUNDS, OR EQUIPMENT
Sec. l. Right of Lessor. The Lessor reserves the right to make
capital improvements, add buildings, facilities, grounds or equipment
to the firefighter training facility that are not described herein.
Sec. 2. Use of Improvements. The Lessee may, at his option elect
whether to use or not use additional capital improvements completed by
the Lessor.
Sec. 3. Rental for Improvements. If the Lessee herein decides to
utilize capital improvements, not described herein, the Lessee shall pay
additional bi-annual rental therefor in an amount equal to fifty percent
(50$) of the capital cost incurred by Lessor for the improvements;
said amount being amortized over a period of ten years or over the period
which bonds issued for the improvements are to be retired, whichever is
longer.
Sec. 4. Reduction in Rent Credit. If the Lessee herein shall de-
cide not to use additional capital improvements completed by Lessor, the
rental credit to Lessee provided in Article VII shall be reduced by an
amount attributable to such additional capital improvements in rentals
paid by additional Lessees, as determined by the Lessor.
Sec. 5. Operating Expenses. If the Lessee herein shall decide not
to use additional capital improvements complete� by Lessor, the Lessee shal
not be obligated to pay Lessor reimbursement for operating expenses attri-
butable to such added improvements. '
ARTICLE IX
MAINTENANCE AND RET_'AIR
Section l. Maintenance and Repair of Premises. The Lessor shall
be responsible for maintenance and repair of damages.
Sec. 2. Special Cleaning - Maintenance. Each party shall clean up
the training site in a reasonable manner after use.
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ARTICLE X �
CONDITION OF PREP�ISES -
RELEASE
Lessee acknowledges that no representation as to the condi-
tion of the premises have been made by Lessor and hereby releases
the Lessor from any and all claims arising from any defect in the
condition of the premises, facilities, equipment or buildings
and appurtenances thereto.
ARTICLE XI
EMPLOYEES OF LESSOR AND LESSEE
Employees of Lessor engaged in the performance of any work,
training or services on the demised premises shall not be con-
sidered employees of Lessee, and any and all claims that may
arise under the Workmen's Compensation Act of Minnesota on behalf
of said employees, shall not be the obligation of Lessee.
Employees of Lessee engaged in the performance of any work,
training or services on the demised premises shall not be con-
sidered employees of Lessor, and any and all claims that may arise
under the Workmen's Compensation Act of Minnesota on behalf of
sa•id employees, shall not be the obligation of Lessor.
. ARTICLE XII
THIRD PARZY CLAIMS
Sec. 1. Against Lessee. Lessor shall not be responsible for
any claim made by a third �.?ar�g arising out of any act or neglect
of Lessee or use by Lessee or its agents of any of the facilities,
premises, equipment or buildingsdescribed herein.
Sec. 2. Against Lessor. Lessee shall not be responsible for
any claim made by a third Fa,rtr� arising out of any acts or neglect
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of Lessor or use by Lessor or its agents of any of the premises
facilities, equipment, or buildings described herein.
ARTICLE XIII
DESTRUCTION OR TAKING OF
PREMISES
Sec. 1. Eminent Domain. Lessee agrees that if the demised
premises, or a part thereof which renders the premises unfit for
firefighter training purposes, shall be taken for any street
or other public use or destroyed by action of a public authority,
other than Lessor, then this lease and the term demised shall
thereupon terminate.
Sec. 2. Destruction of Premises. It is agreed between the
Lessor and the Lessee that if during the term of this lease the
demised premises or the improvements thereon shall be injured or
destroyed by fire or the elements , or through any other cause,
so as to render the demised premises unfit for use as a firefighter
training facility, then the Lessor may terminate this lease and the
term herein demised from the date of such damage or destruction,
and the Lessee shall immediately surrender the demised premises
and all interest the�cein to the Lessor, and the Lessee shall pay -
rent only to the time of such surrender.
Subd. 1. Abatement of Rent. If the Lessor elects to repair
or restore said premises, then this lease shall not end or terminate
on account of such injury by fire or otherwise, but the rent shall
not run or accrue after the injury and during the process of repairs,
and up to the time when the repairs shall be completed, except only
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that the tenant shall during such ti.me pay a pro rata portion of
such rent apportioned to the portion of the demised premises which
are in condition for use for firefighter training during such
repairing period.
ARTICLE XIV
ASSIGNMENT
The Lessee shall not sublet or assign, in whole or in part,
this lease or any interest therein.
ARTICLE XV
NONDISCRIMINATION
The provisions of Minnesota Statutes Sec. 181.59 and any
applicable local ordinance which relate to civil rights and
discrimination shall be considered a part of this Agreement as
if fully set forth herein.
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IN WITNESS WHEREOF, The said parties have caused these
presents to be executed by their duly authorized officers.
Approved as to Form: CITY OF SAINT PAUL
By
Assistant City Attorney Mayor
City Clerk
Director, Department of
Finance and Management Services
Appr.oved as to Legality: CITY OF MIPINEAPOLIS
BY
Assistant City Attorney Mayor
r Attest: �
City Clerk
Countersigned: �
�
City Comptroller-Treasurer
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