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Home My WebLink About6.i. Community Center/Armory Lease AgreementAGENDA ITEM: Community Center /Armory Lease Agreement AGENDA SECTION: Consent PREPARED BY: Dan Schultz, Parks and Recreation Director r� AGEDrP ATTACHMENTS: Lease Agreement APPROVED BY :fr/ RECOMMENDED ACTION: Motion to approve attached 2006 Armory Lease Acreement with the Minnesota State Armory Building Commission (MSABC). 4 ROSEMOUNT CITY COUNCIL City Council Regular Meeting: December 20, 2005 EXECUTIVE SUMMARY ISSUE Annually, the City Council reviews the lease agreement with the Minnesota State Armory Building Commission MSABC) for the Community Center /National Guard Armory. The lease agreement outlines the portions of the Armory that the City will have access to. This arrangement has been in place for a number of years and has worked very well for both parties. There are no changes being proposed from the 2005 lease agreement. SUMMARY The Parks and Recreation Department staff is recommending approval of the attached lease agreement with the Minnesota State Armory, Building Comnnssion MSABC). CLL- 191737v1 RS215 -7 AGREEMENT BETWEEN THE MINNESOTA STATE ARMORY BUILDING COMMISSION AND THE CITY OF ROSEMOUNT TO LEASE SPACE WHEREAS, the Minnesota State Armory Building Commission, hereinafter referred to as MSABC, has constructed an armory in the City of Rosemount; and WHEREAS, Minn. Stat., Sec. 193.145, Subd. 5, anticipates that portions of such armory can be leased to other entities as long as such lease does not conflict with the lease to and use of the armory by the State of Minnesota for military purposes and WHEREAS, the City of Rosemount, hereafter referred to as City, desires to utilize a portion of said armory; and WHEREAS, the MSABC desires to enter into an agreement with the City for the use of the armory when it is not being used for military purposes. NOW, THEREFORE, BE IT AGREED that the MSABC does hereby lease to the City, and the City does hereby accept lease of, that portion of the armory located in the City of Rosemount, also known as the Rosemount National Guard Training and Community Center as descnbed on Attachment A hereto, on the following terms and conditions: 1. TERM: The term of this agreement shall be for one year beginning January 1, 2006 and continuing to December 31, 2006, whereupon this lease shall continue on a month -to -month basis until terminated or modified by a one rental period written notice. Lessee agrees not to assign this lease or any portion thereof without first obtaining the wntten consent of the Lessor. 2. PAYMENT: The City agrees to pay the MSABC the sum of One Thousand Four Hundred and no /100 Dollars ($1,400.00) each month The amount is payable on an annual basis. All payments are to be made payable to the MSABC and mailed to Executive Director MSABC, Veterans Service Building, 20 West 12 Street, St Paul MN 55155. 1 3. CANCELLATION The MSABC reserves the right to cancel this lease at any time in the event that an emergency anses that shall make necessary the use of this armory by the military forces for the State of Minnesota, and that no claims for any damage that may result to the City from any such cancellation shall be asserted or maintained against the MSABC. 4. LIABILITY: The MSABC shall defend, indemnify, and hold harmless the City, its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses or expenses, including attorney fees, arising out of or resulting from the MSABC's performance of the duties required under this lease, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of the MSABC. All such liability and indemnity shall be limited to the coverage provided by the MSABC's insurance tamer, if any, and if no coverage is provided therefor, by limits imposed by Minn Stats., Sec. 466.04. The City shall defend, indemnify and hold harmless the MSABC, its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses or expenses, including attorney fees, arising out of or resulting from the City's performance of the duties required under this lease, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of the City. All such liability and indemnity shall be limited to the coverage provided by the City's insurance carrier, if any, and if no coverage is provided therefor, by limits imposed by Minn. Stats., Sec. 446.04. CLL- 191737v1 RS215 -7 2 5. COMPLIANCE WITH LAW: The City agrees to comply with all of the laws, rules and regulations of the United States and the State of Mnmeosta, and the rules and regulations of the MSABC for the government and management of said armory together with all rules and requirements of the Police and Fire Departments of the City of Rosemount. Furthermore, the City shall obtain all permits or licenses required by any provision of law, municipal charter or ordinance for the conduct of programs and activities organized and managed by the City on the leased premises, and the MSABC and the State of Minnesota shall not be responsible for the City's failure to obtain such permits and licenses or to comply with any other requirement imposed upon the City for the conduct of such activity. 6. VACATION: The City agrees to vacate the leased premises, remove debris and restore same to ordinary cleanliness within one week after termination of the penod covered by this lease. 7. SCHEDULE OF USE: It is agreed and understood that the facility is pnmanly for use by the Minnesota National Guard and that military activities must take precedence over any use by the City. The City and the MSABC shall cooperate to avoid any conflicts between uses. The MSABC shall provide the City with a wntten schedule of its use of the armory's shared facilities one year in advance. This schedule will become part of the lease The City will incorporate this schedule into the City's schedule. It is understood that the schedule may change from time to time, and the MSABC shall give reasonable notice to the City in such cases. If, for any reason, the schedule requires changing by the City, the City shall give reasonable notice to the MSABC. 8. OPERATING COSTS. On the basis of the space and time utilized under this and future leases with the City, the City will pay water, sewer, electncity, heating and other services and utilities associated with its use or lease of the facilities, and will provide the necessary Janitonal CLL -191 737v1 RS215 -7 3 service, snow removal and grounds keeping commensurate with its use. The City agrees further that it will pay a pro rata share of mutually agreed upon major maintenance or improvement (sometimes called "repair, replacement or betterment to the facility where such major maintenance or improvement is required because of the City's use of the premises. The intent of the parties in executing this lease is that the parties will annually review and establish the City's use schedule and the City's schedule of its pro rata share of operating costs based upon the use and costs for the previous year. It is understood by the parties that other questions may arise during operation of the facility. Both parties pledge their cooperation to make this work for the public benefit. The parties agree to cooperate in every reasonable manner to erect and operate a facility that first and foremost shall be considered a military structure for use by the National Guard and, second, shall be considered a public facility for use by the public. The City agrees to make no change in the stage, curtains, electnc winng, fixtures or fumishings of those portions of the armory or shared spaces covered by the lease. The expense of any agreed upon changes shall be assumed by the City and shall include the cost of restonng the premises to its former conditions without damage. 9. MINOR REPAIR AND MAINTENANCE: The Department of Military Affairs, State of Minnesota shall be responsible for maintenance of any specially fenced secure area for military vehicles or any accessory building utilized to store government equipment, and shall be responsible for maintenance and repair of shared areas incident to and after use by the National Guard. The City shall have personnel on the premises at all tines during City use or City generated lease of the building and shall be responsible for maintenance and repair and securing the building when personnel are not present. Cll.191737v] RS215 -7 4 10. NOTICE: Any notices under this lease may be given to the MSABC by sending to: and to the City by sending to: facility. CLL- 191737v1 RS215 -7 Executive Director Minnesota State Armory Building Commission Veterans Service Building 20 West 12 Street St. Paul MN 55155 Rosemount Parks and Recreation Department Attn. Dan Schultz, Director of Parks and Recreation 13885 South Robert Trail Rosemount, MN 55068 11. INSURANCE: Each party shall maintain insurance on their property interests in the IN TESTIMONY WHEREOF, both parties have hereunto set their hands and seals this day of 200 CITY OF ROSEMOUNT By: Its Mayor By: Its Clerk MINNESOTA ARMY NATIONAL GUARD By: Its Chairman By: Its Supenntendent 5 RS215 -7 ATTACHMENT A TO ROSEMOUNT NATIONAL GUARD TRAINING AND COMMUNITY CENTER LEASE Schedule of Use: CLL- 191737v1 Area of Building: (1) Gymnasium, Gym Storage NE comer and Locker Room Areas (2) Classrooms #204, 206, 208, 210, 212, 214, 215, 216, 221 and Auditonum and Auditonum Storage (3) Kitchen, lower level Schedule of City's Anticipated and Requested Use of Facilities A -1 Dates and Time of Use: Sunday thru Saturday from 7:00 a.m. to 10:00 p.m. except where it conflicts with those days scheduled as dnll dates with the City. Same as above Same as above