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263265 WHI7E - CITY CLERK t ^�^��� PINFt� - FINANCE COAl1C11 �� '�� BLUERY -T�AYORTMENT GITY OF SAINT PAZTL File NO. �"� i� r o cil Reso tion Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, That the City of Saint Paul does hereby approve Lease Agreement between the City of Saint Paul and the City of Minneapolis whereby the City of Minneapolis would be allowed to use the Fire Department's Training Facilities located in the vicinity of Snelling Avenue and the Midway Stadium for the term of one year with the option to renew, commencing Janua.ry 1, 1974, at the compensation of $34,000.00 as rent for the land and improvements, and $7,000.00 as reimbursement to the City of Saint Paul for the services and utilities provided by the Saint Pau1 Fire Department; and the Mayor, City Clerk and Director of the Department of Fina.nce and Mana.gement Services be and are hereby authorized to execute the said Lease Agreement on beha.lf of the City of Saint Paul. COUNCILMEIV Request by epartment of• Yeas Butler Nays K�opatzki ! [n Favor Mered th � Against BY ^ '��' � � ���9 � Roedler Tedesco Mme.President Si�[ HUrit MAR 1 9 1974 Form Approved y ity ttorney Adopted by Council: Date Certif' se y Council Secret�xy BY B Approved b Mayor: ate Approv by y u ' n t ncil gy By � Pua�tsHEO MAR 2 3 i974 4 f • • • � . � 263�65 LEASE AGREEMENT BETWEEN THE CITY OF MINNEAPOLIS AND THE CITY OF. SAINT PAUL, FOR THE OPFRATION OF A JOINT FIREFIGHTER TRAINING FACILITY. THIS AGFEEMENT, Ma.de and entered into as of �S� 1974, by and between the CITY OF SAINT PAUL, a municipal corpor- ation, in the County of Ramsey, hereinafter referred to as the "Lessor," and the CITY OF MINNEAPOLTS, a municipal corporation, in the County of Hennepin, State of Minnesota, hereinafter referred to as the "Lessee"; WITNESSETH: WHEREAS, The Lessor is the �ee otaner of certain properties ' located in the vicinity of Snelling Avenue and the Midway Stadium, and more fu11y described in Appendix "A", upon which properties it is presently constructing a firefighting training �facility; and � � � 1 E WHEREAS, The Lessee is desirous of using said facilities for the purpose of training its fire department personnel; and ; � ; WHEREAS, The Lessee desires to enter into a Lease Agreement ; € for the joint use of the said firefighter training facility for t the purpose of training its fire department personnel; and the Lessor is willing to provide the use of said facilities; and ` WHEREAS, The parties intend to continue studying and negoti- � ating with each other, relating to a long-term Lease Agreement for � the use of said facilities; F � NOW, THEREI'ORE, In consideration of the covenants and agreements ' . I hereinafter set forth, the Lessor and the Lessee agree as follows: � ; � � , . � ► � • . ., _ � . 4 � " ' M,,����) ; . , , ; ', 4 �• � ' k ARTICLE I. `' { � TERM � � ' � . Section l. Effective Date. This Lease is effective from and , , i after January l, 1974, or the date on which it is executed by the ' F pa.rties, whichever is the earlier. ; Sec. 2 . Term. The term of this Lease shall Uegin on the R effective date and continue until and including December 31, 1974, � and may be renewed or extended by mutual written agreement by the � t f parties . � . { ARTICLE II. � LEASE AND USE OF PREMISES � � t � ! Section 1. Lease of Premises . The Lessor; in caizsideration � of the compensations and the sundry covenants and agreements set k 7 forth herein to be kept and performed by the Lessee, does hereby _ � demise and lease unto the Lessee for its sole use and enjoyment, � i the premises, all buildings, grounds, equipment, and facilities at ( and upon said Firefighter Training Facility, as hereinafter described: ; Sec. 2 . Description of Premises . Shown as shaded area on I Exhibit "A" attached hereto.. � Sec. 3. Descri_ption of Buildin�s . Six-story training tower. � Sec. 4. Description of Grounds . Concrete slab surrounding � { tower, i i �. Sec. S. Description of Equipment. Reservoir. Sec. 6 . Description of Facilities . Six-story training tower. ; i Sec. 7 . Dates of Occupancy and Access . The use by the Lessee �. of the premises, bu�_ldings, grounds, equipment and facilities sha.11 ; 2- _ . . . , . . _. , . . 2s��s5 commence on January 1, 1974 and shall terminate on December 31, 1974. Officers, employees, and agents of the Lessee of the City � shall have access. to said premises, buildings, grounds, equipment • and facilities prior to Janua.ry l, 1974, at reasonable times, for the purpose of developing its training program. Sec. 8 . Exclusive Use . NeitYier party shall have exclusive use of any of the facilities . Sec. 9. Joint Use . Subdiviszon l. Joint Use Committee. The parties shall establish a Joint Use Committee, composecl of such persons � as each of the parties shall decide. � Subd. 2 . Powers . The Joint Use Committee sha11 � establish a schedule for joi_nt use of the facilities herein descrzbed, which sha11 provide each of the parties equ.al time in the �use of the facilities for the purpose of fire department training. Suclz 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. i i. I . ARTICLE III. � � COMPENSATION � • i The benefi�s derived and enjoyed by the Lessee under this ' f Lease Agreement, shall be at a cost of Forty�one Thousand Dollars � . { ($41,000.00) , as �aell as the promises and covenants herein contained, ' � which represents Thirty-tour Thousand Dollars ($34,000.00) as rent � for the land and improvements and Seven Thousand Dollars ($7,000.00) ` ' as reimbursement for services and utilities provided by Lessor. �' 3- . . a�- 4 • �,• . . .` . . • ' �e � � � �����5 ARTICLE IV. , SERVICES TO BE PROVIDED BY LESSOR Section 1 . The Lessor shall provide the following services, ' as stated herein: (a) Maintenance of buildings, grounds, and equipment; (b) Fu�l for training purposes; (c) Rubbish and fire debris removal; (d) Towing costs of cars used for training purposes; (e) Necessary snow plowing, including roads, parking lots, and platforms•, (f) Satellite-type toilets; • (g) The material and construction of floors, partitions, etc. , in. the tower, necessary to crea�e different training problems in accordance with the training schedule. � � . . � ARTICLE V. ' UTILITIES Section 1_. Electricity. Electricity hookup shall be provided by the Lessor at no cost to the Lessee. Sec. 2. Gas . Gas hookups for heating and otherwise, if ever made available, will be provided at no cost to the Lessee. Sec. 3. Telephone . Telephone hoolct�p and operating costs, if ever made available, will be provided at no cost to the Lessee. Sec. 4. Refuse Collection. Refuse services shall be provided by the Lessor at no cost to the Lessee. Sec. 5. Water and Sewer Services . Water, for training and otherwise,. and sewer services shall be provided the Lessee at no cast to the Lessee. � � . ,t 4- '� � .. �� '� ► ° . �:� • , -- - _ ;�����5 � 9 ARTICLE VI. `� - METHOD OF PAYMENT ' ' Section l. The Lessor shall be reimbursed for services provided, as follows: April l, 1974 ------------------�._______$ 10,250.00 July l, 1974 -----------------------d---- 10,250.00 October 1, 1974 ------------------------ 10�,250.00 January 1, 1975 ------------------.._____-- 10,250.00 AR'1'ICLE VII. � MAINTENANCE AND REPAIR Section 1 . Routine Ma.intenance an� Repair of_ Premises . The Lessor shall be responsible for routine ma.in�enance and repair. • Sec. 2 . Extraordinary Maintenance and� Repairs. Extraordinary ma.intena.nce and repairs shall be a11 repa.irs and maintena:nce not defined as routine. Extraordinary ma.intenance and repairs shall be accomplished by the Lessor. I Sec. 3. Special Cleanin� - Maintenance. Each party shall clean up i:he training site in a reasonable manner after use. ARTICLE VIII. NONDISCRIMINATTON The provisions of Minnesota Sta�utes Sec. 181.59, which relate to civil rights and discrimination, sha11 be. considered a part of this Agreement as if fully set forth herein. � 5— m o . . ,� , .. . � - ����V(� .� . ARTICLE IX. EMPLOYEES OF LESSOR AND LESSEE { Employees of I,essor engaged in the perf ormance of any work, ; training or services on the demised premises sha.11 not be consid- ered employees of Lessee, and any and all claims that may arise under the Workmen' s Compensation Act of Min.nesota on behalf of said employees, and any and all claims made by a third party as a con- sequence of any act of Lessor' s employees shall not be the obligation of Lessee. ' Employees of Lessee engaged in the performa.nce of any work, :; � training or services on the demised premises shall not be consid- ; � ered employees of Lessor, and any and all claims that may arise under the Workmen' s Compensation Act of Minnesota on behalf of said � employees, and any and a11 claims made by a third party as a con- � � sequence of any act of Lessee' s employees sha11 not be the obligation. of Lessor. IN WITNESS WHEREOF, The said parties ha.ve caused these presents to be executed in their behalf, respectively, by their proper officers thereunto_ duly authorized. Appro ed as to or • - CITY OF SAINT PAUL . ,,,��....- ° ''.0 By: As i ani� Cit� or�;�y ; Mayor City Clerlc � Director, Department of Finance and Management Services ` E ( 6- � ; f � ` - 1 _ � ♦ . � . � . `- : � � , i - � � � �6��65 , . �; ; Approved as to Legality: CITY OF M NNEAP LIS �. BY� . Assi tan City Attorney or Att st: \ � � ity Clerk Count�rs' ned: x � City Comptroller A 7� � � 2s��s� C ITY OF S�! NT PAUL �. Offl(:I: OF TFIC (:ITY ATTORNEY � � ?�� 1" 1 � ( �� � l�c ruu y �, 1.�74 R. SCOTT UAVIES �.:N;,_ ,_. F: �:, Fire Chief Steve Conroy Saint Paul Fire Department 101 East Tenth Street Saint Paul, Minnesota 55101 Dear Chief Conroy: �A'�� � Enclosed please find resolution approving your lease with the City of Minneapolis pertaining to the Fire Training Facility. This lease covers the year begin- ' ning Janua.ry 1, 1974, and provides that it may be renewed or extended by the mutual written agreement by the City of Saint Paul and the City of Minneapolis . I have also enclosed two copies of the agreement; one � copy for your file and one copy to be attached to the resolution. Would you please have this presented to the City Council through the Mayor' s Office and after the resolution has been approved by the City Council, I will have the Agreement signed by the City officers and copies delivered to the appropriate parties, in- cluding your office . If you have any questions, please contact me. Yours very r y, - 4�,.�.. : --�, . ,- . � " ..F6F JERO E J. S �� Ass � ta ity A torney � � � �—�� JJS:er Encls . cc:J. Wm. Donovan, Valua.tions City Hall, Saint Paul, Minnesota 55102 612 298-5121 _.�l_.._..�.._...._._. ._y.�._.T..�_ ______!.r.�wl �.�.._._ __..5�..,._. __�n�—...__.. .�__.__,..♦ pt,`. � - ' � r.,-• , r --._.� . �.,.�w.!' . n�n ..�w��� � ��.��T.�.���.,, . . � �� � . � ' • . M + ;;" � � � �- -= .�.,��,r,y .y. :��o, 1 r � ,j` �. � � l ; ; �M. 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