07-773Council File # Q �] 73
Green Sheet # 3042043
Presented By:
Referred To:
Committee:Date:
1 RESOLVED, that the City of Saint Paul, Police Department, is authorized to enter into the attached
2 lease agreement with the Minnesota State Agricultural Society to lease portions of the fairgrounds
3 including office facility (lobby, two offices, dispatch areas and restroom) on the ground floor of
4 building #542 in block 54.
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Requested by Department of:
Adopti�
BY� �/1 ivc
RESOLUTION
CITY OF SAINT PAUL, NIINNESOTA /8
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Approv b yor for Submission to Council:
By:
Q:�FiscaMO&CR�200TStateFai rBldglease2007.x1s
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
0�-�73
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i pp - PO]iceDeparunem
' Contac[ Person & Phone:
Chief JOhn Harring[on
266-5588
4 Mus[ Be on Couneii Aaen
Doc.Type: RESOLUTION
E-Document Required: Y
2�,��-07 ! Green Sheet NO: 3042043
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Assign
Number
For
Rou[ing
Ortler
DocumeM Contaet: Evette Scarver
Contact Phone: 266-5547
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Total # of Signature Pages T (Clio All Locations for Sianaturel
0 �PoliceDeoarhnen[ , PoliceDeparhneut i
1 ydiceDeparhnrnt '� PdiceDenarhnent
2 ity At[orney CStv Attornev �I �
3 yoCs Office Mayor
4 Copncil
5 iry Clerk (Stv Clerk I
6 dice De ar�ent Police De arhnent
Signatures on the attached council resolution authorizing the Ciry of Saint Paul, Police Departrnent, to enter into the attached lease
agreement with the Minnesota State Agricultural Sociery.
itlafions: Approve (A) or F
Planrnng Commission
CIB Committee
Civil Service Commission
1. Has this personttirm ever worketl untler a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this persoNfirm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The Saint Paul Police Deparhnent, Impound Lot, will lease Building #542 in Block 54, as shown in Exhibit "A", owned by the Sociery
during the period of October 15, 2007 through April 15, 2008 to store vehicles ihat aze towed during a snow emergency in the City of
Saint Paul.
AdvanWges If Approved:
Ability to secure vehicles towed in the City of Saint Paul during an snow emergency.
Disadvantages If Approved:
None.
Disadvantages if Not Approved: '
Inabiliry to secure vehicles that are towed in the Ciry of Saint Paul during an snow emergency.
Trensaetion:
Funding Source: 435-24051
Flnaneial Information:
(Explain)
���1G 1 Q 2007
Cost/Revenue Budgeted:
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Aetivity Number: 435-24051
July 20, 2007 4:11 PM Page 1
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STATE �;�.
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THE GREAT MINNESOTA GET-TOGETHER
TWELVE DAYS OF FIIN ENDING LABOR OAY
TMS DEPT. LEASE NO: PD/32
DATE: July 9, 2007
� 7-773
LESSOR: MINNESOTA STATE AGRICULT`iJRAL SOCIETY, hereinafter "Societ}�'
LESSEE: CITY OF SAINT PALTL POLICE DEPAItTNIENT, hereinafter "City of Saint Paul"
TAIS LEASE AGREEMENT is made the 9` day of July, 2007 by and between the Minnesota
State Agricultural Society (hereinafter "Society"), and the City of Saint Paul Police Department
(hereinafter called City of Saint Paul).
Leased Premises: Society, in consideration of the payment ofbasic 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) and garage for
vehicle storage on the ground floor of Building #542 in Block 54 as shown in
attached Exhibit "A," hereinafter referred to as the "Leased Premises."
The use of additional parking lots on the State Fairgrounds for overflow parking may
be available to the City of Saint Paul and must be arranged in advance with the events
department. Use of such lots is not included in the basic lease payment.
Term of Lease: This lease shall commence and end on the dates indicated below,
unless ternunated earlier as provided herein.
A. Original Lease Term:
Commencing date: October 15, 2007
Ending Date: April 15, 2008
B. Lease Renewal Term: The City of Saint Paul, at its oprion, provided that it is in
compliance with the terms of this Lease, may renew this Lease Agreement for the
following separate renewal terms:
Commencing Date Endin2 Date
October 15, 2008 April 15, 2009
October 15, 2009 April 15, 2010
1265 Snelting Avenue North * St. Paul, MN 55108-3099 *(651) 288-4400 * FAX (651) 642-2440 * TTY (651) 642-2372
fairinfo@mnstatefair.org * www.mnstatefair.org
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To exercise the renewal options, the City of Saint Paul must deliver a written notice
to the Society prior to July 1 in the calendaz yeaz the renewal term begins. Failure to
exercise the option in 2008 shall terminate the renewal in 2009.
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 violation ofparking ordinances. The Leased Premises shali 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 riventy-four
thousand dollars ($24,000), in advance, on or before the dates listed below.
1. Basic Lease Pavment:
PAYMENT DATES
October 14, 2007, 2008, 2009
November 1, 2007, 2008, 2009
December 1, 2007, 2008, 2009
January 1, 2008, 2009 2010
February 1, 2008, 2009, 2010
March 1, 2008, 2009, 2010
April 1, 2008, 2009, 2010
AMOUNT
$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, Section A.1., above, the
City of Saint Paul shall pay the Society ten dollars ($10.00) for each vehicle
impounded on the premises during each term of this agreement (not to exceed
thirty thousand dollazs [$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 term, along with the appropriate payment.
3. Utilities: The City of Saint Paul shall be responsible for utility charges such as
gas and electric that is consumed while occupying the Leased Premises. On a
monthly basis, Society will invoice the City for actual gas and electric utility
charges at the rate the society is charged by the utility company.
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4. Lease Pavments: The City of Saint Paul shall make all lease payxnents to the
Society at the following address:
Minnesota State Agricultural Society
Attn: Events Department
1265 North Snelling Avenue
Saint Paul, MN 55108-3099
4 RiEht of Entrv: At all times during the term of this lease, Society shall have the
right by itself, its agents and employees, to enter into and upon the Leased Premises
during reasonable business hours to examine and inspect the same, provided that such
entry does not interfere with the conduct of the officaal business of the City of Saint
Paul or compromise their security of the Leased Premises.
Insurance: The City of Saint Paul shall acquire and keep in effect during the term of
this agreement the following coverage:
(5.1) COMMERCIAL GENERAL LIABILITY INSi.JRANCE 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) list the Minnesota State Agricultural Society as additional insured;
(b) be primary with respects to City of Saint PauPs insurance or self-insurance; (c)
contain a standard cross liability endorsement; and (d) contain no aggregate policy
limit. City of Saint Paul agrees to provide Society thiriy (30) days written norice 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 yeaz hereunder.
(5.3) 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 far the self-insurance of, or the
acquisition of Coxnmercial Property insurance, on its personal property,
improvements and attachments 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 claims against the City of Saint Paul.
(5.6) AUTOMOBILE LIABILITY INSiJRANCE: City of Saint Paul will provide
automobile insurance with a lunit of liability not less than those provided in
Minnesota State Statute 466.04. Such coverage shall (a) list the Minnesota State
Agricultural Society as an additional insured and (b) contain no aggregate policy
limit. City of Saint Paul agrees to provide Society thiriy (30) days written notice of
any material changes in its insurance program.
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(5.7) The City of Saint Paul is responsible for any and all claims arising out ofbodily
injury or property damage to impounded property in the care, custody and/or control
of the City of Saint Paul.
(5_8) The City of Saint Paul shall provide Society with sarisfactory evidence of
worker's compensation insurance as provided by Minnesota State Statute Chapter 176
prior to the lease term commencing date each year hereunder.
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 ar 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 sha11 preclude the giving of such address change notice by personal
service.
7 Assi�nment and Subletting: City of Saint Paul shall not assign or sublet this Lease
without the written consent of the Society, which consent must be obtained prior to
the execution of any agreement to sublease the premises.
Maintenance and Securitv: City of Saint Paul shall maintain the Leased Premises
in good order, condition and repair during the City's use period and surrender leased
premises in the same condition as existed at the commencement of this Lease,
excepting normal wear and tear. City o£ Saint Paul's responsibilities include removal
of snow, trash, glass, caz parts and all debris during the City's use period. City of
Saint Paul shall, at its own cost and expense, be responsible for the maintenance and
security of the Leased Premises. The Leased Premises shall be kept in a clean and
orderly condition at all tunes.
Surrender of Premises: The City of Saint Paul, at the expiration of each term, or
upon termination of this lease, shall quit peacefully and surrender possession of said
property and its appurtenances to Society in the same order and condition as existed
when property was delivered to the City of Saint Paul. City of Saint Paul shall restore
the Leased Premises to its original condition at the conclusion of the lease term.
Restoration, if necessary, shall be completed by April 15 of each year.
10 Indemnificafion: Each pariy 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 chazacter arising directly or indirectly from its acts or omissions in
performance 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 Saint Paul shall be govemed by provisions of the
Minnesota Torts Claim Act and other applicable law. The foregoing defense and
indemnification does not cover injuries or damages, which arise from conditions on
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the grounds or property of the Society of which the Society had actual or constructive
notice.
11 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
relation to control, monitoring, inspection, remedial action, 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 limitation, fines, forfeitures and penalties arising from the
failure of City of Saint Paul to comply with such ordinances, laws, rules or
regulations only as result of the City of Saint Paul's use and only during its term of
occupancy of the Leased Premises.
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
terminate any prior lease or rental agreement as of the effective date of this lease.
14 Compliance 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, rule, regulations or ordinances
unposed by any jurisdiction affecting the use to which the property 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 shall 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 obliLations: The City of Saint Paul shall keep the Leased
Premises clean and will not allow any condition to exist that would create a nuisance
or hazard, or that would increase the rate of insurance on tbe Leased Premises.
City of Saint Paul shall not in any manner, deface, injure or permit defacing ar injury
of said Leased Premises or any part thereof.
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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 terxn of this lease.
17 Alterations, Repairs and Capital Imnrovements: 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 not make 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 Leased 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 worlrnianlike manner and in conformance
with applicable buflding codes, and that no liens will attach to the premises for reason
thereof. City of Saant Paul shall be responsible far the costs of repair and conection of
all damage to the leased Premises caused solely as a result of the City's use of the
Leased Premises during their respective use period. City of Saint Paul and Society
shall share in the costs of capital improvements as mutually agreed upon and based on
the days of exclusive use each enjoys. For purposes of this L,ease, "capital
improvements" includes, without limitarion, resurfacing/paving, reconstructing and/or
replacing carpet and tile.
18 CitV of Saint Paul's siana�e: City of Saint Paul may, at its own cost and expense,
provide and install signage to idenrify the site, provided, however, that the size,
design, location and manner of installation and placement of said signage shall be
subject to approval of the Society. Said signage shall be removed by April 15 of
each tenm.
19 OfTice 5nace and GaraQe: City of Saint Paul shall have access to the first floor
office area and east garage portion in Buiiding #542. The cost for electrical and gas
services for such office space and garage area are the responsibility of the City of
Saint Paul and the costs shall be prorated based on the City's use and shall be billed
directly to the City of Saint Paul far payment to the Society.
20 Citv of Saint Paul's Personal Propertv: Society shall have no obligation to repair
or maintain personal properiy 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 permitted to remove said personal property 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 terminated, or the provisions of this Lease may.be
amended, only in writing and by mutual consent of the parties hereto.
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22 Eminent Domain: If the entire Leased Premises are taken by eminent domain, this
Lease shall automatically terminate as of the date of taking. If a material portion of
the Leased Premises are taken by eminent domain rendering the Leased Premises
unsuitable for University's intended purposes, City of Saint Paul shail have the right
to tennivate this Lease as of the date of taking by giving write
IN WITNESS WHEREOF, the parties hereto have set their hands with the intent to
be legally bound hereby.
LESSEE:
City of S�
BY:
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LESSOR:
Mim�ta State
BY:
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7.�-a7
Attachment — Exhibit A
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Society
ts;Chief of Polic
ate:
E�iibit A
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