04-1104Council File #
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Committee:Date:
RESOLVED, that the City of Saint Paul, Police Department, is authorized to enter into the attached
lease agreement with the Minnesota State Agricultural Society to lease portions
of the fairgrounds including office facility (lobby, two offices, dispatch areas and restroom) on the
ground floor of building #542 in Block 54.
Adopted by Council: Date: f�,�ov�mj�.Zr a a00/�
Adoption Certified by C uncil Secretary: Ap�
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Approved by , y�or: Date: l r� ��_ �� �/ Ap�
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RESOLUTION
OF SAINT PAUL, MINNESOTA
Green Sheet #
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206724
Director
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Requested by Department of:
DEPARTMEN710FFICE/COUNCIL DATE INITIATED
Po�i�e 10/14/04 GREEN SHEET No. 206724
CONTAC PER N PH N INrtIAIJDATE INRInLlDATE
ChiefJohnHarrington 266-5588 1 ErnmMexrwrsECmrs� 5 crrrcouxa�
MUST BE ON COUNCIL AGENDA BY (DATE)
Please process ASAP �cm'arrofu+Er �crr�c�xic
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TOTAL # OF SIGNATURE PAGES 1 (CLfP ALL LOCATtONS FOR S(GNATURE)
ACTION REQUESTED
Signatures requested on the attached council resolution authorizing the Ciry of Saint Paul, Police Department,
to enter into the attached lease aa eement with the Minnesota State Agricultural Society to lease pomons of the fairgrounds
for winter storage of motor vehicles 'unpounded by the Police Department for violation of parking ordinances.
RECOMMENDATION Approve (A) or Reje[t (R) PERSONAL SERVICE CONTRACiS MUST ANSWER 7HE FOLLOWING QUESTIONS:
1. Has fhis persoNfirm ever worketl untler a conVac[forthis department?
PLANNING COMMISSION YES NO
CIB COMMIITEE 2. Has this person/firm ever been a city employee?
CIVIL SERVICE COMMISSION YES NO
3. �ces this person/frm possess a skill not normally possessetl by any curtent cdy employee�
YES NO
4. Is this person/firm a targetetl vendoR
YES NO
Explain all yes answers on separete sheet antl attach to green sheet
INI7IATWG PROBLEM ISSUE, OPPOR7UNI7Y (WHQ WHAT, WHEN, WHERE, WH1� .
The Saint Paul Police Department will participate in keeping the Ciry of Saint Paul streets clear of snowbirds
- aod parking violators during snow emergencies.
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ADVANTAGESIFAPPROVED
The Saint Paul Police Depazhnent will provide storage for unpounded vehicles. ��°�'�4' �`�"'�T��� ��
�,E��IV'ED
DISADVANTAGES IF APPROVED �,�yl„':.: •°""° , q Gg i�
None. '��0� S `' zU�'�
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DISADVANTAGES IF NOT APPROVED '
The Saint Paul Police Deparhnent will not have enough storage room for impounded vehicles.
TOTAL AMOUNT OF TRANSACTION $ See ag[eement COST/REVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDING SOURCE 43 5-2405 1 ACTIVITV NUMBER 435-24051
FINANCIAL INFORMATION (EXPLAIN)
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THE GREAT MINNESOTA GET-TOGETHER
TWELYE D YS OF F DING LABOR OAY
�uthonty .��
LEASE NO.
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TMS DEPT. LEASE NO. PD/32
DATE:
Auaust 1. 2004
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LESSOR: MINNESOTA STATE AGRICULTURAI, SOCIETY, hereinafter "Societv"
Lessee: CITY OF SAINT PAITL
POLICE DEPARTMENT, hereinafter "Citv of Saint Paul"
[1] Leases Premises. Society, in considerarion of the payment of basic lease and
additional lease payments hereinafter specified to be paid by City of Saint Paul, and the
covenants and agreements herein contained, does hereby lease, and let unto the City of
Saint Paul land owned by the Society described as follows:
Portions of the Minnesota State Fairgrounds known as Block 54 including portions of an
office facility (lobby, two offices, dispatch areas and restroom) on the ground floor of
Buiiding #542 in Block 54 as shown in attached E�ibit "A," hereinafter referred to as
the "Leased Premises."
[2], Term of Lease: This lease shall commence and end on the dates indicated below, unless
terminated earlier as provided herein.
A.
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Original Lease Term:
Commencing date: October 15, 2004
Ending date: April 15, 2005
Lease Renewal Term: The City of Saint Paul, at its option, provided that it is in
compliance with the terms of this Lease, may renew this Lease Agreement for the
following separate renewal terms:
Commencin� Date EndinE Date
October 15, 2005 Apri115, 2006
October 15, 2006 Apri115, 2007
To exercise the renewal options, the City of Saint Paul must deliver a written norice to
the Society prior to 7uly 1 in the calendar year the renewal term begins. Failure to
exercise the option in 2005 shall terminate the renewal in 2006.
1265 North Snelling Avenue * St. Paul, MN 55108-3099 *(651) 288-4400 * FAX (651) 642-2440 * TTY (651) 642-2372
E-mail: fairinfo@mnstatefair.$rg * web: www.mnstatefaicorg
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[3] Use of Premises: The City of Saint Paul shall use and occupy the Leased Premises only
for the winter storage of motor vehicles impounded by the City of Saint Paul's Police
Department for violarion of pazlang ordinances. The Leased Premises shall be used for
no other purpose without the prior written consent of the Society.
Lease Pavment•
A. The City of Saint Paul shall pay basic lease payments totaling twenty-four
thousand dollars ($24,000), in advance, on or before the dates listed below.
Basic Lease Pavment:
PAYMENT DATE (s)
October 15, 2004, 2005 & 2006
November 1, 2004, 2005 & 2006
December 1, 2004, 2005 & 2006
January 1, 2005, 2006 & 2007
February 1, 2005, 2006 & 2007
March 1, 2005, 2006 & 2007
April 1, 2005, 2006 & 2007
. TI_�u[�111►YY
$2,000.00
$4,000.00
$4,000.00
$4,000.00
$4,000.00
$4,000.00
$2,000.00
2. In addition to the basic lease referenced in Paragraph [3], Secrion A.1., above, the
City of Saint Paul shall pay the Society ten dollars ($10.00) far each vehicle
nnpounded on the premises during each term of this agreement (not to exceed
thirty thousand dollars �$30,000] per term). The City of Saint Paul shall keep
accurate records of the number of vehicles impounded and provide such
information to the Society on or before May 1 st of each year, for the preceding
lease terxn, along with the appropriate payment.
Utilities: The City of Saint Paul shall be responsible for urility chazges such as
gas and electric that is consumed while �ccupying the leased premises.
Periodically, tku�oughout the term of the agreement, the Society will invoice the
City for actual gas and electric utility charges at the rate the society is charged by
the utility company.
4. Lease Pavments: The City of Saint Paul shall make all lease payments to the
Society at the following address:
Minnesota State Agricultural Society
1265 North Snelling Avenue
Saint Paul, MN 55108-3099
Attn: Events Dept.
The applicable account number for the City Finance Accounting Code is
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[4] RiEht of Entrv: At all rimes during the term of this lease, Society shall have the right, by
itself, its agents and employees, to enter into and upon the Leased Prexnises during
reasonable business hours to exainuie and inspect the same, provided that such enhy does
not interfere with the conduct of the official business of the City of Saint Paul or
compromise their security of the Leased Premises.
[5] Insurance: The City of Saint Paul shall acquire and keep in effect during the term of this
a�eement the following coverage:
(5.1) COMI�IERCIAL GENERAL LIABILTTY INSURANCE including blanket contract
liability coverage and personal injury liability coverage with a limit of liability not less
than those provided in Minnesota State Statute 466.04. Such insurance shall (a) name the
Minnesota State Agricultural Society as additional insured; (b) be primary with respects
to City of Saint Paul's insurance or self-insurance; (c) contain a standazd cross liability
endorsement; and (d) contain no aggregate policy limit. City of Saint Paul agrees to
provide Society 30 day's written notice of any material changes in its insurance program.
(5.2) City of Saint Paul shall supply to Society current insurance certificates for policies
required in Paragraph (5.1) and (5.6) prior to the lease term commencing date each year
hereunder.
(53) Nothing in this lease shall constitute a waiver by the City of Saint Paul of any
statutory limits or exceptions with respect to liability.
(5.4) The City of Saint Paul shall be responsible for the self-insurance of, or the
acquisition of Commercial Property insurance, on its personal property, improvements
and attaclunents on the Leased Premises.
(5.5) The City of Saint Paul is self-insured under the laws of the State of Minnesota for
the purposes of tort clauns against the City of Saint Paul.
(5.6) Automobile Liability Insurance. City of Saint Paul will provide automobile
insurance with a limit of liability not less than those provided in Minnesota State Statute
466.04. Such coverage shall (a) name the Society as an addirional insured and (b)
contain no aggregate policy limit. The City of Saint Paul agrees to give the Society thirty
(30) days written notice of any material change in its insurance.
(5.7) The City of Saint Paul is responsible for any and all claims arising out of bodily
injury or property damage to impounded properiy in the caze, custody and/or control of
the City of Saint Paul.
(5.8) The City of Saint Paul shall provide Society with satisfactory evidence of worker's
compensation insurance as provided by Minnesota State Statute Chapter 176 prior to the
lease terxn commencing date each yeaz hereunder.
[6] Notice: All notices herein provided to be given, or that may be given by either party to
the other, shall be deemed to have been fully given when served personally on Society or
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City of Saint Paul, or when made in writing and deposited in the United States Mail,
certified and postage prepaid, and addressed to the Society at the address stated in
paragraph 4. on page 2 or to the City of Saint Paul at the Real Estate Division, 140 City
Hall, Saint Paul, Minnesota 55102. The address to which notice shall be mailed may
change by written notice given by either party to the other. Nothing herein shall preclude
the giving of such address change notice by personal service.
[7] Assignment and Subletting. City of Saint Paul shall not assign or sublet this I,ease
without the written consent of the Society, which consent must be obtained prior to the
execution of any agreement to sublease the premises.
[8] Maintenance and SecuritV: City of Saint Paul shall, at its own cost and expense, be
responsible for the maintenance and security of the Leased Premises, including snow
removal. The Leased Premises shall be kept in a clean and orderly condition at all times.
[9] Surrender of Premises: The City of Saint Paul, at the expiration of each term, or upon
sooner termination of this lease, shall quit peacefixlly and surrender possession of said
property and its appurtenances to Society in as good arder and condition as the property
was delivered to the City of Saint Paul. City of Saint Paul shall restore the lease premises
to their original condition at the conclusion of the lease term. Restoration, if necessary,
sha11 be completed by April 15�', of each year.
[ 10] Indemnification: Each party agrees it will be responsible for any damage or injury
incurred by any person or property, including the parties hereto, from claims, suits or
judgments of any character arising directly or indirectly from its acts or omissions in
perforxnance of activities under this Lease to the extent authorized by law. Each party
shall not be responsible for the acts or omissions of the other party and the results thereof.
The liability of the City of St. Paul shall be governed by provisions of the Minnesota
Torts Claims Act and other applicable law. The foregoing defense and indemnification
does not cover injuries or damages, which arise from conditions on the grounds or
property of the Society of which the Society had actual or constructive notice.
[l l] Holdover. Any holdover after the expiration of a term of this Lease shall be allowed
only after receiving the written consent of the Society, and shall be deemed to be a
tenancy only from month—to-month. All other terms and conditions of this Lease shall
remain in full force and effect.
[12] Pollution and Contaminants: City of Saint Paul agrees to comply with all ordinances,
laws, rules and regulations enacted by any governmental body or agency relating to
control, monitoring, inspection, remedial acrion, abatement of emissions of air and water
contaminants and the release or disposal of refuse, solid wastes or liquid wastes as a
result of City of Saint Paul's use of the Leased Premises. City of Saint Paul shall beaz all
costs and expenses arising from compliance and remedial environmental actions that may
be required by said ordinances, laws, rules or regulations and shall indemnify, defend,
save and hold harmless Society from all liability, including, without lunitarion, fines,
forfeitures and penalties arising from the failure of City of Saint Paul to comply with
such ordinances, laws, mles or regulations only as a result of the City of Saint Paul's use
and only during its terxn of occupancy of the Leased Premises.
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[13] Controlling Lease: In the event there is any prior existing lease or rental agreement
between the City of Saint Paul and the Society (or its predecessor in interest) covering the
subject property, it is agreed and understood that this lease shall cancel and termanate any
prior leases or rental agreements as of the effective date of this lease.
[l4] Comuliance with Laws: The property described herein may be used for only the
purposed stated herein. It is the sole and exclusive responsibility of the City of Saint Paul
in its use of the property to comply with all laws, rules regulations or ordinances imposed
by any jurisdicrion affecting the use to which the propezty is proposed to be put. The
Society shall comply with all laws, rules, regulations or ordinances by its agents,
employees or other tenants.
[15] Liens: The City of Saint Paul sha11 not permit mechanic's liens or other liens to be filed
or established against the Leased Premises for labor, materials or services furnished in
connection with any additions, modifications, improvements, repairs, renewals or
replacements made to the Leased Premises, or for any other reason.
[ 16] CitV of Saint Paul obli�atious: The City of Saint Paul sha11 keep the Leased Premises
clean and will not allow any condifion to exist that would create a nuisance or hazazd, or
that would increase the rate o£insurance on the Leased Premises.
City of Saint Pau1 shall not in any manner, deface, injure or permit defacing or injury of
said Leased Premises or any part thereof.
City of Saint Paul shall, at its own expense, repair any injury to the Leased Premises,
other than ordinary wear and tear, that has occurred during the term of this lease.
[17] Alterations: The City of Saint Paul may, at its own expense, install temporary fencing,
to be removed by April 15 of each term, at the east edge of the leased premises. City of
Saint Paul shall make no other alterations to the Leased Premises without the prior
written consent of the Society, such consent not to be unreasonably withheld. If the City
of Saint Paul desires to make such alterations, an accurate description shall first be
submitted to and approved by the Society and if approved, such alterations shall be done
by City of Saint Paul at its own expense. All such work shall be performed under the
Society's supervision and any improvements made to the Lease Premises by the City of
Saint Paul shall become the property of the Society at the end of the lease period. City of
Saint Paul agrees that all alterations will be done in a workmanlike manner and in
conformance with applicable building codes, and that no liens will attach to the premises
for reason thereof.
[l8] CitV of Saint Paul's si�n: City of Saint Paul may, at its own cost and expense, provide
and install signage to identify the site, provided, however, that the size, design, location
and manner of installarion and placement of said signage shall be subject to approval of
the Society. Said sign shall be removed by April 15 of each term.
[19] Office Space: City of Saint Paul shall haue access to the first floor office area in Building
#542. The cost for electrical and gas services for such office space is the responsibility of
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the City of St. Paul and the costs shall be prorated based on the City's use and sha11 be
billed directly to the City of Saint Paul for payment to the Society.
[20] Citv of Saint PauYs Personal Propertv: Society shall have no obligation to repair or
maintain any personal property or equipment brought into the Leased Premises or
installed therein by the City of Saint Paul for City of Saint Paul's purpose, and City of
Saint Paul shall be pernutted to remove said personal properry upon termination of this
Lease. City of Saint Paul shall, at its own expense, repair any damage to the Leased
Premises caused or created by the installation or removal of said personal property.
[21] Amended: This Lease may be terxninated, or the provisions of this Lease may be
amended, only in writing and by mutual consent of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have set their hands with the intent to be
legally bound hereby.
LE^�""
Cit�
BY
Its:
DA
BY
ItS: Financial Services Director
DATE: �_
City Attorney (ft
St.PauIImpoundLot
BY:
ITS Chief of
Attachment — Exhibit A
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The nttached document is n building nnd land lense between Police nnd the
Minnesotn State Fnirgrounds. This lease provides spnce and location for the City's
"Snow Lot". The snow lot is n second space to store and process impounded
vehicles. It operntes during the winter.
This lease sets terms for October, 2004 thru April, 2007. The last lease we hnd
set terms for October, 2001 thru April, 2004. It's time to renew.
Rent - the rental terms nre nearly identicnl. The only difference is thnt April is
now rented at $2,000. The 2001/2004 lease set the rnte for April nt $4,000.
The rate is less becnuse the lensor wnnts us out earlier. The old lease gnve us till
April 30 or Mny 15. Now the out date is April 15.
Utilities - the 2001/2004 lease did not include utilities. The 2004/2007 states
the city will pay for all utility costs we consume.
The lense has not yet been reviewed by the Attorneys. I spoke with Dave Nelson.
He said xaeae. �� , l I 15�Q �
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