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06-517Council File # Green Sheet # RESOLUTION � SAINT PAUL, NIINNESOTA 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 db 3030602 RESOLVED, that the City of Saint Paul, PoGce 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 July 20, 2006 to train tLe Saint Paul Police Academy Class 2006. A copy of this agreement is to be kept on file and on record in the Office of Financial Services. aenanav Yeas Absent Committee:Date: I� Requested by Department Pnlira / BY: Thune Adopted by Council: Date_ B ' Approved B I � � Date: Approved b or f Subm' sion to Council: 1�� / By: � Q:\Fiscal�AO&C R�2006\WashingtonC[yAqSOCiety.cr.2006.x1s � Green Sheet Green Stieet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmenUoffice/council: Date Initiated: � �—��� PD – PoliceDepartmwt o,-�Y-06 Green Sheet NO: 3030602 Contaq Person 8 Phone: Chief John Harrington 2665588 Must Be on Council Agenda by (Date): � � Deoartment Sent To Person 0 olice De artment Police De artm Number Z nancial Services inancial Servi For � RoUting 3 i Attome Ci Attome Order 4 or's Office or/Assistant 5 ouncil Council 6 i C7erk i lerk 7 olic De artment PoliceDe artment Total # of Signature Pages J_ (Clip All 4ocations for Signature) Approval of the attached council resolurion authorizing the City of Saint Paul, Police Department, to enter into the attached agreement with Washington County Agricultural Society for the use of the Washington Commty Fairgrounds on July 20, 2006. itlations: Approve (A) or R Planning Commission CIB Committee Civil Service Commission � 1. Has this personffirm ever worked under a contract for this department? Yes No 2. Has this person/frm ever been a city employee? Yes No 3. Does this personffirm possess a skill noi nortnally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problam�, Issues, Opportuniry (Who, What, When, Where, Why): The Saint Paul Police Academy Class 2006 will be using the Washington County Fairgrounds for extensive trainmg. This training is a necessity for the Police Academy recruit officers. For more information regarding this council resolution please give Sgt 7ames Ramstad a call at 651-266-5557. AdvanWAes If Approved: Saint Paul Police Academy Class 2006 will receive the necessary training in becoming a Saint Paul Police Officer. Disadvantages If Approved: None. Disadvantages If Not Approved: ' The police recruit officers will not get the necessary trauung needed to perform the duues of a officer. Total Amount of 200 Transaction: Fundinq Source: 436-34117 Fi nancial I nformation: (Explain) CosURevenue Hudgetedy ActiviryNutnber: 34117 ' °' '` --- MAY I 8 2006 � �' �`�� �A� OFFf CE f�Ji1J �a� � s 2aas � ���°����� � 1 o� 5!7 LEASE AGREEMENT � --- — Thts tease; t#�is-24th-�lay-of_April� 2006 is by and betwe Washington County Agriculturai Socie4y, a non-pro�'it corporation, herein afte� caTC�ed --- - LESSOR and St. Paal Police Dept. Training Unit herein after calted the LESSEE. Failure to return this lease agreement within thirty (30) days of the above date wi!! result in its termination. 1. LESSOR hereby leases to LESSEE the Washington County Fairgrounds, located in the Town of 8aytown, Washington County, Minnesota. 2. )C 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 follows will be used and any properky belonging to LESSOR wili be ieft ontouahed, this includes no tape of aey kind on inside ar outside of buitdings and siyns unless prior permission is given: H,00ley HatUMaFair Road TERM 1.To have and to hoid the leased premises unto the LESSEE for a term of 1 days, commencing at 12:00 A.M. on the 20th day of July, 2006 and ending at 11:59 P.M, on the 20th day of Juty, 2006. RENT 1.The rent ,forthe term shall be 5200.00 dollars. Such rent shall be paid as follows: ;0.00 within ten (1D) days of signing �his lease as down payment and damage deposit. 5200.00 prior to the commencing date of this lease agreement. The fuil damage deposit will be refunded wifhin 5 days if no damage is found following inspeation of areas used after even4 has ended. USE 1.The leased property may be used and occupied only for: Training and for no other purposes without the written consent of LESSOR. LESSEE shail comply with all laws, ordinances and regulations affecting the leased properfy, and promulgafed by any duly consfituted governmental authority. LESSEE shal! also compfy with any insurance company requirements affecting the cieanliness, safety, use or occupancy of the leased property. Upon o �-5�7 expiration of the term the buildings and,grounds must be cleaned and vacated in #he same condition as at the beginning of the term. This inc4udes but is not limited to, removing and disposing of all ,trash. Any repairs or replacements necessary #o restore the property to the condifion at the beginai�g of the term shall be paid by the LESSOR and the LESSOR shafl be fu{ly reimbursed by the LESSEE INDEMNITY 1.LESSEE agrees to indemnify LESSOR against any and afl claims, demands, damages, costs and expenses, including reasonable attorney's fees ar+sing from the business conducted by the LESSEE on the leased property or from any breach or default on the part of the LESSEE in the pertormance of any covenant or agreement on the parf of the LESSEE to be performed pursuant to the terms of this fease, or from any act of negligence of LESSEE, iYs agents, contractors, senrants, employees, concessionaires or ficensees. In case of any aetion or proceeding brought against LESSOR by reason of any such claim, upon notice from LESSOR, LESSEE covenants to defend such action or proceeding by council reasonably satisfactory to LESSOR. LESSOR shall not be liabfe and LESSEE waives alf claims for damage to person or property sustained to LESSEE or LESSEE's employees, agents, senrants, invitees and customers resulting from the buildings or grounds on which the feased premises are located or by reason of the leased premises or any equipment or appurtenances thereunto appertaining becoming out af repair, or resulting from any accident in or about the feased premises, or resulting in any act or negleci ofi any other LESSEE on said premises. All property belonging to LESSEE or any occupant of the Ieased premises shall be tfiere at the risk of LESSEE or such other person only, and LESSOR shall not- be liable for damage thereto or theft or misappropriation thereof. 1,LESSEE agrees to maintain a poficy or policies of insurance, at its own cost and expense, insuring LESSEE and LESSOR from al{ cla+ms, demands or actions for injury or death of any one person in an amount of nat tless than $1,QO�,�Q� and for injury to or death of more than one person in any one accident to the limit of $1,000,000 and for damage to property in an amourrt of not less than $1,000,0OO,.made on or on behalf of any person or persons, firm or corporation aRSing from, re{ated to, or conneeted with, the leased premises. EMINENT DOMAIN 1.If the leased premises shall be taken under the power of eminent domain, then the term di this lease shall cease as of fhe day possession shall be taken by the condemning authority, and the rent shall be paid up to that date. 2.A11 damages awarded for any such taking under the power of eminent domain sha11 be'that praperty of LESSOR, whether such damages shalf be awarded as compensation for diminution in va4ue of the leasehold or to the fee of the leased premises. 2. a�-�s1 � leased premises; and if to LESSOR 'rf actually delivered to LESSOR or if sent by registered or certfied mail, retum receipt requested, postage prepaid, to the ` LESSOR at the address €umished for such purpose, or to the place then fixed for - - --- �ie payrt�rent o€ rer�� -- --- - ---- - -- -- GENERA! 1.Nothing contained herein shal! be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joirn venture between the parties hereto. 2.One or more waivers of any ferm of this lease by either party shail not be construed by the other party as a waiver of subsequent breach of the same term. The consent or approval by either party to or of any act by the other party of a nature requiring consent or approval shall not be deemed to waive consent to or approval of any subsequent similar act. 3.The headings of the several afticles contained herein are for convenience only and do not limit the contents of such artic(es. Ail negotiations, considerations, representations and understandings between the parties are incorporated herein, and may be modified or aitered only by agreemertt in writing between the parties. 4.The covenants and obligations herein shall extend to, bind and inure to the benefit of not oniy - fihe parties hereto, but their respective personal representatives, heirs, successors and assigns. 5.Unenforceability of any provision confained in this lease shall not affeet or impair the va(idity of any other provision of this lease. 6.The laws of the State of Minnesota shali govern the validity, performance and enforcement of this lease. For: ��' LESSE / � f � F. � By: 'tChi of Police � \ �__. --^" By: Gity Attorney For: Washington County Agricultural Society LESSOR �= sy � Director, Financial Services p�-51`I DAMAGE BY FIRE OR OTHER CASUALTY In case the leased premises shall be partially or tota{ly destroyed by fire casualty so as to become partially or totally unattainable, the sasne shal{ be repaired as speedily as possible at the expense of LESSOR unless LESSOR shal! elect .not to rebuild, in u�rhich case by notice in writing LESSOF2 may termina#e this lease, and a just and proportianate part of the rent shall be abated until so repaired based upon the time and to the extent the leased premises are untenantabfe. ASSIGNMENT AND SUBLETTlNG 1.LESSOR shaH not assign or in any manner transfer this lease or any interest therein, nor sublet said {eased premises or any part thereof, nor perm+t 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 henefit of creditors, or by operation of law. ACCESS TO PREMISES 7.LESSOR sha11 have #he right to enter the feased premises at all reasonable hours, upon written notice, for the purpose of inspecting the same or of making rspairs, additions or alterations thereto. SUitRENDER OF POSSESSION 1.At the expiration of the tenancy c�eated hereunder, whether by lapse of time or otherwise, LESSEES shall 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 thereofi, LESSEE shall indemnify LESSOR against loss or fiability resufting ftom delay by LESSEE in so surzendering the leased premises, including, without limitation, claims rnade by any succeeding tenant founded on such delay. 2.In the event LESSEE remains in possession of the leased premises after the expiration of the 4enancy created hereunder, and without the execution of a new lease, it shall be deemed to be occupying the leased premises as a tenant from day to day, ai twice the stated rent, subject to alf the other conditions, provisions and obfigations of this lease insofar as the same are applicabfe to a day to day tenancy, provided said possession is with LESSOR's consent. NOTICES 1.Whenever under this lease provisian is made for notice of any kind, such notice shall be in writing and shall be deemed sufficient notice artd service thereof if such notice to LESSEE is actually delivered to tESSEE, or sent by registered or certified mail, return receipt requested, postage prepaid, to the last Post Office address of LESSEE fumished to LESSOR for such purpose or to the 3.