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01-607CouncilFile # o�-6oR Green Sheet # 111732 RESOLUTION Presented By: Referred To: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Committee:Date: a� BE IT RESOLVED, that the City of Saint Paul Police Department is authorized to enter into the attached agreement, which includes an indemnification clause, with Washington County Agricultural Society to use the Washington County Fairgrounds on August 10, Z001 to train the Saint Paul Recruit Academy Riot Control Training. A copy of this is to be kept on file and on record in the Of�ce of FYnancial Services. i �' ', r Requested by Department of: By: Reiter Adopted by Council: l Adoption �ertitied by By: � Approved by OF SAINT PAUL, MINNESOTA � � 2�9J By: � W ashingtonCoFairgrounds2001 cr.xls Farm d by�Ygy Attorney: B3': Approved by Mayor for Submission to Council: BY� ` v , _, a iEPARTMENT/OFFICFJCOUNCIL �OL:,e Depazhnent ;ONiA ER ON H ;luefFianey 292-3588 �U 7 B ON COUNqL AGENDA BY (DA ) �lease process ASAP TOTAL �i OF SIGNATURE PAGES �cnoN r�nuesreo � � _ i � ' i,91 " ��% l � � , _ � . �� /�� / ' r� ; h;�'j/'� 1 xr/��'i� � L ■� l �J 5/% H� ��1� f � J � t r// � .� /� � � N% � /,} � , . /.':5:��. i!�'l,�l�.' f/ f^ ■ . 3 (CLIP ALL LOCATIONS FOR SIGNATURE) Sig�atares:�reques�edesnethe attached Council Resolution. PLANNING COMMISSION CI8 COMMITTEE CIVIL SERVICE COMMISSION 1. Has this perso�rtn ever worked under a Contract for this departmenY? YES NO ,, 2. Has this personlfirtn ever been a city employee? YES NO 3. Does th�s persoNflrtn"pdssess a skiN `wt normally possessed by any curtent cily employee? YES NO 4 Is ihis perso�rtn a targeted ventloR YES NO �Olain all yes answers on se0arete sheet and aHach to green sheet �urvmrnvu�em�s�ut,�rrvtt�unn��wnv,rmw�,wnerv,wnnrtc .-- Saint Paul Police Recruit Academy needs advanced iraining in Rior, Control. This training needs to take place at a facility has the required space. Therefore, the Saint Paul Police Department would like to enter into an agreement with the W�sJ�ton �� nty Agricuhural Society in order to use the Washington County Fairgrounds for the Riot Control Tnining„s place on Augst 10, 2001. �° ; , � �'� 2� 4 e Police Recruits will benefit from this advanced h'aiuiug, which will compliment their Academy training, thus producing officer with excellent skills to protect and serve the citizens of Saint Paul. noted. The training could not be completed. �Q;� � '� 2Q� t � t �' 'OTAL AMOUNT OF TRANSACTION $ 300.00 UNDINGSOURCE 001-04303-0299-40016 NANCIAL INFORMATION (EXPLAIN) GOST�REVENUE BUDGETED (qRCLE ONE) ACTNI7Y NUMBER YES NO 4303 � o �-c.e� LEASE AGREEMENT This lease, made this 27th day of April, 2001 is by and befinreen Washington County Agricultural Society, a non-profit corporation, herein after called the LESSOR and St. Paui Police Dept. Training Unit herein after called the LESSEE. Failure to return this lease agreement wiihin thifij (30) days of the above date wili resuit in its termination. - 1. LESSOR hereby feases to LESSEE the Washington County Fairgrounds, located in the Town of Baytown, Washington County, Minnesota. 2. X LESSOR hereby leases to LESSEE a portion of the Washington County Fairgrounds, located in the Town of Baytown, Washington County, Minnesota. Only the portion described as folfows will be used and any property belonging to LESSOR will be left untouched, this inc{udes no tape of any kind on inside or outside of buildings and signs uniess prior permission is given: Hooley Hall/McFair RoadlMain Ring TERM 1.To have and to hold the leased premises unto the LESSEE for a term of Z days, commencing at 12:00 A.M. on the 9th day of August, 2001 and ending at 11:59 P.M. on the 10th day of August, 200�. RENT 1.The rent for the term shall be �300.00 dolfars. Such rent shail be paid as follows: ;0.00 within ten (10) days of signing this lease as down payment and damage deposit. 5300.00 prior to the commencing date of this lease agreemeni. The fuil damage deposit wili be refunded within 5 days if no damage is found foNowing inspection of areas used after event has ended. USE 1.The leased property may be used and occupied on{y for: Riot Controi Director Training and for no other purposes without the written consent of LESSOR. LESSEE shafi compiy with aif laws, ordinances and regulations affecting the leased property, and promuigated by any duly constituted governmentaf authority. LESSEE shall also compiy with any insurance company requirements affecting the cteanliness, safety, use or occupancy of the feased property. Upon O �- to9 expiration of the term the buildings and grounds must be cleaned and vacated in the same condition as at the beginning of the term. This includes but is not limited to, removing and disposing of a11 trash. Any repairs or replacements necessary to restore the property to the condition at the beginning of the term shall be paid by the LESSOR and the LESSOR shall be fully reimbursed by the LESSEE. 2. {.� o�_ �oR INDEMNITY 1.The LESSEE wilf indemnify the LESSOR, its officers, agents, and emp{oyees from any damages it may be required to pay as a resu{t of suits, claims, or judgments arising out of the City's use of the premises whicfi are attributable to negligent acts or omissions by the LESSEE, ifs empfoyees, agents or cantractors. This indemnification sha4{ not be cons#rued as a waiver of the municipal tort {iabilify limits set forth in Minn. Stat Sec.466.01 et seq. Also, this indemnification does not include injuries or damages arising from hidden traps or dangesous conditians of the premises itself as to which the tESSOR had acfual or constructive notice; and damages or injuries arising out of occurrences or events which are not part of the authorized use of the prem+ses or which do not take p{ace on the premises. EMINENT DOMAIN 1.{f the teased premises shall be taken under the power of eminent domain, then the term of this lease shaff cease as of the day possession shaff be taken by the condemning authority, and the rent shaN be paid up to that date. 2.All damages awarded for any such taking under the power of eminent domain shaN be that property of LESSOR, whether such damages shall be awarded as compensation for diminution in vafue of the leasehold or to the fee of the leased premises. 2. (�J D t-�� DAMAGE BY FIRE OR OTHER CASl7ALTY in case the ieased premises shaii be partially or totaiiy destroyed by fire casualty so as to become partially or totally unattainable, the same shaH be repaired as speedify as possible at the expense of LESSOR unless LESSOR shaN elect not to rebuild, in which case by notice in writing tESSOR may terminate this lease, and a just and proportionate part of the rent shall be abated until so repaired based upon the time and to the extent the leased premises are untenantable. ASSIGNMENT AND SUBl.ETTINCs 1.LESSOR shall not assign or in any manner transfer this lease or any interest therein, nor sublet said leased premises or any part thereof, nor permit occupancy by anyone with, through or under it, without the previous written consent of LESSOR. 2.Neither this lease nor any interest therein, nor any estate thereby created, shall pass to any trustees or receiver in bankruptcy, or any assignees for the benefit of creditors, or by operation of law. ACCESS TO PREMiSES 1.LESSOR shall have the right to enter the ieased premises at all reasonable hours, upon written notice, for the purpose of inspecting the same or of making repairs, additions or alterations thereto. SURRENDER OF POSSESSION 1.At the expiration of the tenancy created hereunder, whether by lapse of time or otherwise, LESSEES shali surrender the leased premises in good condition and repair. {f the leased premises are not surrendered at the end of the term or the sooner termination thereof, LESSEE shail indemnify LESSOR against loss or liabifity resuiting from delay by LESSEE in so surrendering the feased premises, including, without limitation, claims made by any succeed+ng tenant founded on such delay. 2.in the event LESSEE remains in possession of the leased premises after the expiration of the tenancy created hereunder, and without the execution of a new lease, it shali be deemed to be occupying ihe leased premises as a tenant from day to day, at twice the stated rent, subject to all the other conditions, provisions and obligations of this lease insofar as the same are agplicabie to a day to day tenancy, provided said possession is with LESSOR's consent. NOTfCES 1.Whenever under this lease provision is made for notice of any kind, such notice shaii be in writing and shaif be deemed sufficient notice and service thereof if such notice to LESSEE is actually defivered to LESSEE, or sent by registered or certified mail, return receipt requested, postage prepaid, to the fast Post O�ce address of LESSEE furnished to LESSOR for such purpose or to the 3. OI-�.o�j leased premises; and if to LESSOR if actuaily delivered to LESSOR or if sent by registered or certified mail, return receipt requested, postage prepaid, to the LESSOR at the address furnished for such purpose, or to the place then fixed for the payment of rent. GENERAL 1.Noth+ng contained herein shall be deemed or constcued by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of ]oint venture between the parties hereto. Z.One or more waivers of any term of this iease by either party shali not be construed by the other party as a waiver of subsequent breach of the same term. The consent or approva! by either party to or of any act by the other party of a nature requiring consent or approval shal! not be deemed to waive consent to or approval of any subsequent similar act. 3.The headings of the several articles contained herein are for convenience onfy and do not limit the contents of such articles. All negotiations, considerations, representations and understandings between the parties are incorporated herein, and may be modified or altered only by agreement in writing between the parties. 4.The covenants and obligations herein shall e�end to, bind and inure to the benefit of not only the pafties hereto, but their respective personal representatives, heirs, successors and assigns. 5.Unenforceabi(ity of any provision contained in this lease shall not affect or impair the validity of any other provision of this lease. 6.The faws of the State of Minnesota shall govern the validity, performance and enforcement of this lease. FOf: City::of St. Paul LESSEE Sy: ieP of Police i Attorne Finance Direc�or For: Washington County Agricultural Society LESSOR By: riz� 'S Treasurer � CouncilFile # o�-6oR Green Sheet # 111732 RESOLUTION Presented By: Referred To: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Committee:Date: a� BE IT RESOLVED, that the City of Saint Paul Police Department is authorized to enter into the attached agreement, which includes an indemnification clause, with Washington County Agricultural Society to use the Washington County Fairgrounds on August 10, Z001 to train the Saint Paul Recruit Academy Riot Control Training. A copy of this is to be kept on file and on record in the Of�ce of FYnancial Services. i �' ', r Requested by Department of: By: Reiter Adopted by Council: l Adoption �ertitied by By: � Approved by OF SAINT PAUL, MINNESOTA � � 2�9J By: � W ashingtonCoFairgrounds2001 cr.xls Farm d by�Ygy Attorney: B3': Approved by Mayor for Submission to Council: BY� ` v , _, a iEPARTMENT/OFFICFJCOUNCIL �OL:,e Depazhnent ;ONiA ER ON H ;luefFianey 292-3588 �U 7 B ON COUNqL AGENDA BY (DA ) �lease process ASAP TOTAL �i OF SIGNATURE PAGES �cnoN r�nuesreo � � _ i � ' i,91 " ��% l � � , _ � . �� /�� / ' r� ; h;�'j/'� 1 xr/��'i� � L ■� l �J 5/% H� ��1� f � J � t r// � .� /� � � N% � /,} � , . /.':5:��. i!�'l,�l�.' f/ f^ ■ . 3 (CLIP ALL LOCATIONS FOR SIGNATURE) Sig�atares:�reques�edesnethe attached Council Resolution. PLANNING COMMISSION CI8 COMMITTEE CIVIL SERVICE COMMISSION 1. Has this perso�rtn ever worked under a Contract for this departmenY? YES NO ,, 2. Has this personlfirtn ever been a city employee? YES NO 3. Does th�s persoNflrtn"pdssess a skiN `wt normally possessed by any curtent cily employee? YES NO 4 Is ihis perso�rtn a targeted ventloR YES NO �Olain all yes answers on se0arete sheet and aHach to green sheet �urvmrnvu�em�s�ut,�rrvtt�unn��wnv,rmw�,wnerv,wnnrtc .-- Saint Paul Police Recruit Academy needs advanced iraining in Rior, Control. This training needs to take place at a facility has the required space. Therefore, the Saint Paul Police Department would like to enter into an agreement with the W�sJ�ton �� nty Agricuhural Society in order to use the Washington County Fairgrounds for the Riot Control Tnining„s place on Augst 10, 2001. �° ; , � �'� 2� 4 e Police Recruits will benefit from this advanced h'aiuiug, which will compliment their Academy training, thus producing officer with excellent skills to protect and serve the citizens of Saint Paul. noted. The training could not be completed. �Q;� � '� 2Q� t � t �' 'OTAL AMOUNT OF TRANSACTION $ 300.00 UNDINGSOURCE 001-04303-0299-40016 NANCIAL INFORMATION (EXPLAIN) GOST�REVENUE BUDGETED (qRCLE ONE) ACTNI7Y NUMBER YES NO 4303 � o �-c.e� LEASE AGREEMENT This lease, made this 27th day of April, 2001 is by and befinreen Washington County Agricultural Society, a non-profit corporation, herein after called the LESSOR and St. Paui Police Dept. Training Unit herein after called the LESSEE. Failure to return this lease agreement wiihin thifij (30) days of the above date wili resuit in its termination. - 1. LESSOR hereby feases to LESSEE the Washington County Fairgrounds, located in the Town of Baytown, Washington County, Minnesota. 2. X LESSOR hereby leases to LESSEE a portion of the Washington County Fairgrounds, located in the Town of Baytown, Washington County, Minnesota. Only the portion described as folfows will be used and any property belonging to LESSOR will be left untouched, this inc{udes no tape of any kind on inside or outside of buildings and signs uniess prior permission is given: Hooley Hall/McFair RoadlMain Ring TERM 1.To have and to hold the leased premises unto the LESSEE for a term of Z days, commencing at 12:00 A.M. on the 9th day of August, 2001 and ending at 11:59 P.M. on the 10th day of August, 200�. RENT 1.The rent for the term shall be �300.00 dolfars. Such rent shail be paid as follows: ;0.00 within ten (10) days of signing this lease as down payment and damage deposit. 5300.00 prior to the commencing date of this lease agreemeni. The fuil damage deposit wili be refunded within 5 days if no damage is found foNowing inspection of areas used after event has ended. USE 1.The leased property may be used and occupied on{y for: Riot Controi Director Training and for no other purposes without the written consent of LESSOR. LESSEE shafi compiy with aif laws, ordinances and regulations affecting the leased property, and promuigated by any duly constituted governmentaf authority. LESSEE shall also compiy with any insurance company requirements affecting the cteanliness, safety, use or occupancy of the feased property. Upon O �- to9 expiration of the term the buildings and grounds must be cleaned and vacated in the same condition as at the beginning of the term. This includes but is not limited to, removing and disposing of a11 trash. Any repairs or replacements necessary to restore the property to the condition at the beginning of the term shall be paid by the LESSOR and the LESSOR shall be fully reimbursed by the LESSEE. 2. {.� o�_ �oR INDEMNITY 1.The LESSEE wilf indemnify the LESSOR, its officers, agents, and emp{oyees from any damages it may be required to pay as a resu{t of suits, claims, or judgments arising out of the City's use of the premises whicfi are attributable to negligent acts or omissions by the LESSEE, ifs empfoyees, agents or cantractors. This indemnification sha4{ not be cons#rued as a waiver of the municipal tort {iabilify limits set forth in Minn. Stat Sec.466.01 et seq. Also, this indemnification does not include injuries or damages arising from hidden traps or dangesous conditians of the premises itself as to which the tESSOR had acfual or constructive notice; and damages or injuries arising out of occurrences or events which are not part of the authorized use of the prem+ses or which do not take p{ace on the premises. EMINENT DOMAIN 1.{f the teased premises shall be taken under the power of eminent domain, then the term of this lease shaff cease as of the day possession shaff be taken by the condemning authority, and the rent shaN be paid up to that date. 2.All damages awarded for any such taking under the power of eminent domain shaN be that property of LESSOR, whether such damages shall be awarded as compensation for diminution in vafue of the leasehold or to the fee of the leased premises. 2. (�J D t-�� DAMAGE BY FIRE OR OTHER CASl7ALTY in case the ieased premises shaii be partially or totaiiy destroyed by fire casualty so as to become partially or totally unattainable, the same shaH be repaired as speedify as possible at the expense of LESSOR unless LESSOR shaN elect not to rebuild, in which case by notice in writing tESSOR may terminate this lease, and a just and proportionate part of the rent shall be abated until so repaired based upon the time and to the extent the leased premises are untenantable. ASSIGNMENT AND SUBl.ETTINCs 1.LESSOR shall not assign or in any manner transfer this lease or any interest therein, nor sublet said leased premises or any part thereof, nor permit occupancy by anyone with, through or under it, without the previous written consent of LESSOR. 2.Neither this lease nor any interest therein, nor any estate thereby created, shall pass to any trustees or receiver in bankruptcy, or any assignees for the benefit of creditors, or by operation of law. ACCESS TO PREMiSES 1.LESSOR shall have the right to enter the ieased premises at all reasonable hours, upon written notice, for the purpose of inspecting the same or of making repairs, additions or alterations thereto. SURRENDER OF POSSESSION 1.At the expiration of the tenancy created hereunder, whether by lapse of time or otherwise, LESSEES shali surrender the leased premises in good condition and repair. {f the leased premises are not surrendered at the end of the term or the sooner termination thereof, LESSEE shail indemnify LESSOR against loss or liabifity resuiting from delay by LESSEE in so surrendering the feased premises, including, without limitation, claims made by any succeed+ng tenant founded on such delay. 2.in the event LESSEE remains in possession of the leased premises after the expiration of the tenancy created hereunder, and without the execution of a new lease, it shali be deemed to be occupying ihe leased premises as a tenant from day to day, at twice the stated rent, subject to all the other conditions, provisions and obligations of this lease insofar as the same are agplicabie to a day to day tenancy, provided said possession is with LESSOR's consent. NOTfCES 1.Whenever under this lease provision is made for notice of any kind, such notice shaii be in writing and shaif be deemed sufficient notice and service thereof if such notice to LESSEE is actually defivered to LESSEE, or sent by registered or certified mail, return receipt requested, postage prepaid, to the fast Post O�ce address of LESSEE furnished to LESSOR for such purpose or to the 3. OI-�.o�j leased premises; and if to LESSOR if actuaily delivered to LESSOR or if sent by registered or certified mail, return receipt requested, postage prepaid, to the LESSOR at the address furnished for such purpose, or to the place then fixed for the payment of rent. GENERAL 1.Noth+ng contained herein shall be deemed or constcued by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of ]oint venture between the parties hereto. Z.One or more waivers of any term of this iease by either party shali not be construed by the other party as a waiver of subsequent breach of the same term. The consent or approva! by either party to or of any act by the other party of a nature requiring consent or approval shal! not be deemed to waive consent to or approval of any subsequent similar act. 3.The headings of the several articles contained herein are for convenience onfy and do not limit the contents of such articles. All negotiations, considerations, representations and understandings between the parties are incorporated herein, and may be modified or altered only by agreement in writing between the parties. 4.The covenants and obligations herein shall e�end to, bind and inure to the benefit of not only the pafties hereto, but their respective personal representatives, heirs, successors and assigns. 5.Unenforceabi(ity of any provision contained in this lease shall not affect or impair the validity of any other provision of this lease. 6.The faws of the State of Minnesota shall govern the validity, performance and enforcement of this lease. FOf: City::of St. Paul LESSEE Sy: ieP of Police i Attorne Finance Direc�or For: Washington County Agricultural Society LESSOR By: riz� 'S Treasurer � CouncilFile # o�-6oR Green Sheet # 111732 RESOLUTION Presented By: Referred To: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Committee:Date: a� BE IT RESOLVED, that the City of Saint Paul Police Department is authorized to enter into the attached agreement, which includes an indemnification clause, with Washington County Agricultural Society to use the Washington County Fairgrounds on August 10, Z001 to train the Saint Paul Recruit Academy Riot Control Training. A copy of this is to be kept on file and on record in the Of�ce of FYnancial Services. i �' ', r Requested by Department of: By: Reiter Adopted by Council: l Adoption �ertitied by By: � Approved by OF SAINT PAUL, MINNESOTA � � 2�9J By: � W ashingtonCoFairgrounds2001 cr.xls Farm d by�Ygy Attorney: B3': Approved by Mayor for Submission to Council: BY� ` v , _, a iEPARTMENT/OFFICFJCOUNCIL �OL:,e Depazhnent ;ONiA ER ON H ;luefFianey 292-3588 �U 7 B ON COUNqL AGENDA BY (DA ) �lease process ASAP TOTAL �i OF SIGNATURE PAGES �cnoN r�nuesreo � � _ i � ' i,91 " ��% l � � , _ � . �� /�� / ' r� ; h;�'j/'� 1 xr/��'i� � L ■� l �J 5/% H� ��1� f � J � t r// � .� /� � � N% � /,} � , . /.':5:��. i!�'l,�l�.' f/ f^ ■ . 3 (CLIP ALL LOCATIONS FOR SIGNATURE) Sig�atares:�reques�edesnethe attached Council Resolution. PLANNING COMMISSION CI8 COMMITTEE CIVIL SERVICE COMMISSION 1. Has this perso�rtn ever worked under a Contract for this departmenY? YES NO ,, 2. Has this personlfirtn ever been a city employee? YES NO 3. Does th�s persoNflrtn"pdssess a skiN `wt normally possessed by any curtent cily employee? YES NO 4 Is ihis perso�rtn a targeted ventloR YES NO �Olain all yes answers on se0arete sheet and aHach to green sheet �urvmrnvu�em�s�ut,�rrvtt�unn��wnv,rmw�,wnerv,wnnrtc .-- Saint Paul Police Recruit Academy needs advanced iraining in Rior, Control. This training needs to take place at a facility has the required space. Therefore, the Saint Paul Police Department would like to enter into an agreement with the W�sJ�ton �� nty Agricuhural Society in order to use the Washington County Fairgrounds for the Riot Control Tnining„s place on Augst 10, 2001. �° ; , � �'� 2� 4 e Police Recruits will benefit from this advanced h'aiuiug, which will compliment their Academy training, thus producing officer with excellent skills to protect and serve the citizens of Saint Paul. noted. The training could not be completed. �Q;� � '� 2Q� t � t �' 'OTAL AMOUNT OF TRANSACTION $ 300.00 UNDINGSOURCE 001-04303-0299-40016 NANCIAL INFORMATION (EXPLAIN) GOST�REVENUE BUDGETED (qRCLE ONE) ACTNI7Y NUMBER YES NO 4303 � o �-c.e� LEASE AGREEMENT This lease, made this 27th day of April, 2001 is by and befinreen Washington County Agricultural Society, a non-profit corporation, herein after called the LESSOR and St. Paui Police Dept. Training Unit herein after called the LESSEE. Failure to return this lease agreement wiihin thifij (30) days of the above date wili resuit in its termination. - 1. LESSOR hereby feases to LESSEE the Washington County Fairgrounds, located in the Town of Baytown, Washington County, Minnesota. 2. X LESSOR hereby leases to LESSEE a portion of the Washington County Fairgrounds, located in the Town of Baytown, Washington County, Minnesota. Only the portion described as folfows will be used and any property belonging to LESSOR will be left untouched, this inc{udes no tape of any kind on inside or outside of buildings and signs uniess prior permission is given: Hooley Hall/McFair RoadlMain Ring TERM 1.To have and to hold the leased premises unto the LESSEE for a term of Z days, commencing at 12:00 A.M. on the 9th day of August, 2001 and ending at 11:59 P.M. on the 10th day of August, 200�. RENT 1.The rent for the term shall be �300.00 dolfars. Such rent shail be paid as follows: ;0.00 within ten (10) days of signing this lease as down payment and damage deposit. 5300.00 prior to the commencing date of this lease agreemeni. The fuil damage deposit wili be refunded within 5 days if no damage is found foNowing inspection of areas used after event has ended. USE 1.The leased property may be used and occupied on{y for: Riot Controi Director Training and for no other purposes without the written consent of LESSOR. LESSEE shafi compiy with aif laws, ordinances and regulations affecting the leased property, and promuigated by any duly constituted governmentaf authority. LESSEE shall also compiy with any insurance company requirements affecting the cteanliness, safety, use or occupancy of the feased property. Upon O �- to9 expiration of the term the buildings and grounds must be cleaned and vacated in the same condition as at the beginning of the term. This includes but is not limited to, removing and disposing of a11 trash. Any repairs or replacements necessary to restore the property to the condition at the beginning of the term shall be paid by the LESSOR and the LESSOR shall be fully reimbursed by the LESSEE. 2. {.� o�_ �oR INDEMNITY 1.The LESSEE wilf indemnify the LESSOR, its officers, agents, and emp{oyees from any damages it may be required to pay as a resu{t of suits, claims, or judgments arising out of the City's use of the premises whicfi are attributable to negligent acts or omissions by the LESSEE, ifs empfoyees, agents or cantractors. This indemnification sha4{ not be cons#rued as a waiver of the municipal tort {iabilify limits set forth in Minn. Stat Sec.466.01 et seq. Also, this indemnification does not include injuries or damages arising from hidden traps or dangesous conditians of the premises itself as to which the tESSOR had acfual or constructive notice; and damages or injuries arising out of occurrences or events which are not part of the authorized use of the prem+ses or which do not take p{ace on the premises. EMINENT DOMAIN 1.{f the teased premises shall be taken under the power of eminent domain, then the term of this lease shaff cease as of the day possession shaff be taken by the condemning authority, and the rent shaN be paid up to that date. 2.All damages awarded for any such taking under the power of eminent domain shaN be that property of LESSOR, whether such damages shall be awarded as compensation for diminution in vafue of the leasehold or to the fee of the leased premises. 2. (�J D t-�� DAMAGE BY FIRE OR OTHER CASl7ALTY in case the ieased premises shaii be partially or totaiiy destroyed by fire casualty so as to become partially or totally unattainable, the same shaH be repaired as speedify as possible at the expense of LESSOR unless LESSOR shaN elect not to rebuild, in which case by notice in writing tESSOR may terminate this lease, and a just and proportionate part of the rent shall be abated until so repaired based upon the time and to the extent the leased premises are untenantable. ASSIGNMENT AND SUBl.ETTINCs 1.LESSOR shall not assign or in any manner transfer this lease or any interest therein, nor sublet said leased premises or any part thereof, nor permit occupancy by anyone with, through or under it, without the previous written consent of LESSOR. 2.Neither this lease nor any interest therein, nor any estate thereby created, shall pass to any trustees or receiver in bankruptcy, or any assignees for the benefit of creditors, or by operation of law. ACCESS TO PREMiSES 1.LESSOR shall have the right to enter the ieased premises at all reasonable hours, upon written notice, for the purpose of inspecting the same or of making repairs, additions or alterations thereto. SURRENDER OF POSSESSION 1.At the expiration of the tenancy created hereunder, whether by lapse of time or otherwise, LESSEES shali surrender the leased premises in good condition and repair. {f the leased premises are not surrendered at the end of the term or the sooner termination thereof, LESSEE shail indemnify LESSOR against loss or liabifity resuiting from delay by LESSEE in so surrendering the feased premises, including, without limitation, claims made by any succeed+ng tenant founded on such delay. 2.in the event LESSEE remains in possession of the leased premises after the expiration of the tenancy created hereunder, and without the execution of a new lease, it shali be deemed to be occupying ihe leased premises as a tenant from day to day, at twice the stated rent, subject to all the other conditions, provisions and obligations of this lease insofar as the same are agplicabie to a day to day tenancy, provided said possession is with LESSOR's consent. NOTfCES 1.Whenever under this lease provision is made for notice of any kind, such notice shaii be in writing and shaif be deemed sufficient notice and service thereof if such notice to LESSEE is actually defivered to LESSEE, or sent by registered or certified mail, return receipt requested, postage prepaid, to the fast Post O�ce address of LESSEE furnished to LESSOR for such purpose or to the 3. OI-�.o�j leased premises; and if to LESSOR if actuaily delivered to LESSOR or if sent by registered or certified mail, return receipt requested, postage prepaid, to the LESSOR at the address furnished for such purpose, or to the place then fixed for the payment of rent. GENERAL 1.Noth+ng contained herein shall be deemed or constcued by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of ]oint venture between the parties hereto. Z.One or more waivers of any term of this iease by either party shali not be construed by the other party as a waiver of subsequent breach of the same term. The consent or approva! by either party to or of any act by the other party of a nature requiring consent or approval shal! not be deemed to waive consent to or approval of any subsequent similar act. 3.The headings of the several articles contained herein are for convenience onfy and do not limit the contents of such articles. All negotiations, considerations, representations and understandings between the parties are incorporated herein, and may be modified or altered only by agreement in writing between the parties. 4.The covenants and obligations herein shall e�end to, bind and inure to the benefit of not only the pafties hereto, but their respective personal representatives, heirs, successors and assigns. 5.Unenforceabi(ity of any provision contained in this lease shall not affect or impair the validity of any other provision of this lease. 6.The faws of the State of Minnesota shall govern the validity, performance and enforcement of this lease. FOf: City::of St. Paul LESSEE Sy: ieP of Police i Attorne Finance Direc�or For: Washington County Agricultural Society LESSOR By: riz� 'S Treasurer �