2007-06-04 CC PacketAIbcrtvilc Uf
ALBERTVILLE CITY COUNCIL
AGENDA
JUNE 4, 2007
7:00 PM
1. PLEDGE OF ALLEGIANCE
2. CALL TO ORDER — ROLL CALL — ADOPT AGENDA
3. MINUTES
A. May 21, 2007 City Council minutes
4. CITIZEN FORUM — (10 Minute Limit)
5. CONSENT AGENDA
A. Approve payment of claims check numbers 024317 to 024361
B. Accept a Donation of Gambling Funds from the Albertville Lions in the amount of
$1,070 and make a donation to the Albertville Queens Committee for in the amount of
$1,070
C. Approve a Temporary Outdoor Music Permit for Stacey Seidel that will be held on
Saturday, June 23 from 2:00 — 6:00 p.m. at 10235 Kali Avenue NE for daughter's
graduation -open house
D. Approve Assessment Service Agreement for 2007-2008 Wright County Assessor
Service
6. ACTION ON PULLED CONSENT ITEMS
7. PRESENTATION FROM DOMINIUM INC. PERTAINING TO WESTWIND
TOWNHOME DEVELOPMENT (attachment)
8. PUBLIC HEARING
A. Hold a Public Hearing to listen to Public Comment on the Vacation of Easement(s) on
Mackenzie Avenue NE that lies North of 52"d Street NE and South of the Burlington
Northern Railroad within the City of Albertville
9. DEPARTMENT BUSINESS
A. Public Works Department
1). Public Works and Parks Maintenance
2). Wastewater Treatment Plant
B. Building Department
1). Adoption of 1306 Fire Code Section Pertaining to Sprinklered Facilities
C. Finance Department
1). Accounts Receivable Update
2). Project Status Update
3). Request for Council Action (RCA) to hire Accounting firm for Statement
Preparation
D. City Clerk
1). Friendly City Days Softball Challenge — Friday, June 8 Central Park Field No. 1
— arrive by 5:00 p.m. to warm up
2). Wright County Sheriff's Department will send Representatives to the Monday,
June 25, 2007 Council Workshop
E. Planning and Zoning
1). Intex Industrial Condo Conversion
a. Approve Resolution No. 2007-xx entitled a Resolution Approving a
Condominium Conversion for the Intex Corporation / Nextex Property at
5548 Barthel Drive NE
F. Engineering
1). CSAH 19 South Update on Wright County Project
2). Proposal to the City of Albertville from Wright County CSAH 19 North from
67th Street NE to 70th Street NE
G. Legal
H. City Council
I. Administration
1). Written Report
2). 5975 Main Avenue NE Building Lease - Final terms being negotiated. The Lease
may be ready Monday. If so staff will give a verbal review with written summary
to be handed out at the meeting.
3). Otsego Creek Meeting
4). Update on Boarder Road Agreements
10. ADJOURNMENT
AFFIDAVIT OF POSTING
STATE OF MINNESOTA
SS.
COUNTY OF WRIGHT
Tori Leonhardt, being first duly sworn, says that on the 1st day June 2007
Tori posted the documents as shown on the reverse side a true copy of each
thereof at 3:20 p.m. at the Albertville City Offices in the window, at the City of
Albertville, County of Wright, State of Minnesota.
Subscribed and sworn to before me this day of 1 , 2007.
BRIDGET MARIE MILLER
NOTARY PUBLIC -MINNESOTA
My Commission Expues Jan 31. 2008
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Albertville City Council
June 4, 2007 Attendance
Page 1
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ALBERTVILLE CITY COUNCIL
May 21, 2007
MINUTES
Albertville City Hall
7:00 PM
PRESENT: Mayor Ron Klecker, Council members Dan Wagner, John Vetsch, LeRoy Berning,
and Tom Fay, Assistant City Planner Cassie Schumacher-Georgopoulos, Assistant City Engineer
Adam Nafstad, City Attorney Mike Couri, City Administrator Larry Kruse, Building Official Jon
Sutherland, and City Clerk Bridget Miller
ABSENT: City Planner Al Brixius
Mayor Klecker called the Albertville City Council meeting to order at 7:00 p.m. followed by the
Pledge of Allegiance.
BUILDING DEPARTMENT
Discussion on Amending the 2005 Albertville Municipal City Code pertaining to 1306 Fire
Sprinkler Options - Approve Ordinance No. 2007-xx entitled an Ordinance Amending the 2005
Albertville City Code Relating to Adoption of the Building Code
Building Official Sutherland stated that in 2004 the adoption of the 1306 Fire Sprinkler option
was presented before the Council, which it was not adopted.
City Attorney Couri brought to the Council's attention that the optional 1306 Section of the MN
State Building Code was in error included in the 2005 Albertville Municipal City Code, which is
currently not being enforced. Staff is inquiring if the Council would re -consider adopting the
Fire Sprinkler option.
Council member Vetsch informed the Council that it was brought to his attention that when a
business owner moved from one facility with a sprinkler system to another location that did not
have a sprinkler system the insurance almost doubled.
It was questioned as to whether there are other buildings where the opposite of the scenario
presented by Vetsch reported, where the insurance would go up because there was a sprinkler
system within the building? An example would be a concrete structure had a sprinkler system
could cause water damage.
Council member Berning questioned whether the City should approve the option 1306 Fire
Sprinkler Ordinance or not.
City Attorney Couri pointed out that the exceptions found on page 44 of the Council packet state:
}
The floor area of minor additions that do not increase the occupant load does not have to
be figured into the square footage of occupancy classifications established in part
1306.0030, items A to E.
Couri interrupted that pre-existing buildings that would like to add to the structure, the only
portion that would require a sprinkler system would be the new portion of the building.
Council member Fay shared with the members as to whether the pre-existing facilities would be
equipped to handle converting to a sprinkler system.
Council member Berning disputed as to whether the Council should approve the Ordinance
adopting the 1306 Fire Sprinkler option without additional research on the unknowns.
Council directed staff to do additional research and contact the City of Rogers on the adoption of
1306 Fire Sprinkler option and report back at the June 4, 2007 Council meeting.
MOTION BY Council member Berning, seconded by Council member Fay to table Ordinance
No. 2007-xx entitled an Ordinance Amending the 2005 Albertville City Code Relating to
Adoption of the Building Code as presented until the June 4, 2007 regular City Council meeting
or soon thereafter. Motion carried unanimously.
4:�
Office of the Revisor of Statutes
Administrative Rules
TITLE: Proposed Permanent Rules Relating to Building Code; Fire Suppression Systems
AGENCY: Department of Labor and Industry
MINNESOTA RULES: Chapter 1306
The attached rules are approved for
publication in the State Register
Z-- -L �-
kig E. Undeke
Assistant Revisor
3)
01/19/07 [REVISOR] GEL/DI RD3567
I Department of Labor and Industry
2 Proposed Permanent Rules Relating to Building Code; Fire Suppression Systems
3 1306.0030 REQUIREMENTS.
4 For purposes of this chapter, area separation, fire barriers, or fire walls do not
5 establish separate buildings. Gross square footage (gso means the floor area as defined
6 in the International Building Code. The floor area requirements established in items A to
7 E are based on the gross square footage of the entire building and establish thresholds
8 for these requirements. The following occupancy groups must comply with sprinkler
9 requirements of this chapter, unless specified otherwise:
10 A. Group A-1, A-2, A-3, and A-4 occupancies;
11 Exception: air inflated structures, and op
en picnic shelters.
12 B. Group B, F, M, and S occupancies with 2,000 or more gross square feet of floor
13 area or with three or more stories in height,
14 Exception: S-2 open parking garages, aircraft hangars, salt stora&e sheds, and
15 U2uR "hT' detached
16 [For text of items C to E, see MR.]
17 1306.0070 REPORTING.
18 A municipality must submit a copy of the ordinance adopting this chapter to the
19 Department of Labor and'Industry,
20 Construction Codes and Licensing Divisiort,--wtthm-45-thty5--Of--ttt-itkTttetL The-
21 ordinance does not go into effect until:
22 A. a signed electronic, faxed, or paper copy of the ordinance has been received
23 the division; and
24 B. the ordinance has been approved by the division.
25 EFFECTIVE DATE. These amendments are effective May 31, 2007 or five worka�n days
26 after the notice of adoption is published in the State Register, whichever occurs later.
1306.0070 1 Approved by Revisor LL4—
I
gry1306WebList
Name
1306Subp2
1306Subp3
Option 1
Option 2
Aitkin County
y
y
City of Alexandria
y
City of Andover
y
y
City of Arden Hills
y
y
City of Bayport
y
y
City of Blaine
y
y
City of Brooklyn Park
y
y
City of Carver
y
y
City of Centerville
y
y
City of Champlin
y
y
City of Chanhassen
y
y
City of Chaska
y
N
y
City of Columbia H hts.
y
y
City of Coon Rapids
y
y
City of Crystal
y
y
City of Delano
y
City of Edina
y
y
City of Falcon Heights
y
y
City of Farmington
N
y
y
City of Forest Lake
y
y
City of Fridley
y
City of Golden Valley
y
N
y
City of Greenfield
y
y
City of Hamburg
y
y
City of Lake Elmo
y
y
City of Lino Lakes
y
y
City of Little Canada
y
y
City of Maple Grove
y
City of Maple Plain
y
y
City of Maplewood
y
y
City of Medina
y
y
City of Mendota Heights
y
y
City of Minnetonka
y
y
City of Mounds View
y
y
City of New Brighton
y
y
City of New Hope
y
y
City of Northfield
N
N
City of Oakdale
y
y
City of Plymouth
y
City of Prior Lake
y
y
City of Rogers
y
y
City of Shoreview
y
y
City of Shorewood
y
y
City of St. Cloud
y
N
y
City of St. Louis Park
y
y
City of St. Ma 's Point
y
y
City of Stillwater
y
y
City of Vadnais Heights
y
y
City of Victoria
y
y
City of Waconia
y
y
City of Watertown
y
y
City of West St. Paul
y
y
City of White Bear Lake
y
y
West Lakeland Township
y
y
Page 1 5)
SFMD Fact Sheet INS -FACT -21
March 31, 2003
Page 3 of 4
1306.0040 Standard
Automatic sprinkler systems must comply with the applicable standard
referenced in the State building Code. If a.public water supply is not
available, an alternate or on -site source of water may be used if it meets the
approval of the building official and fire chief. If an adequate alternate water
supply sufficient for hose stream requirements is provided or available, the
building official and fire chief may permit the water supply requirements for
the hose stream demands be modified.
1306.0050 Substitute Construction
The installation of an automatic sprinkler system, as required by this chapter,
does not preclude the substitution of one -hour fire -resistive construction as
permitted by the International Building Code, Table 601, footnote d.
1306.0060 Exemption
The building official, with the concurrence of the fire official, may waive the
requirements of this chapter if the application of water has been demonstrated
to constitute a serious life, fire, or environmental hazard, or if the building
does not have an adequate water supply and the building is surrounded by
public ways or yards more than 60 feet wide on all sides.
1306.0070 Reporting
A municipality must submit a copy of the ordinance adopting this chapter to
the Department of Administration, Building Codes and Standards Division,
within 15 days of its adoption.
Repeater. Minnesota Rules, part 1306.0100, is repealed.
SECTION 3 — FREQUENTLY ASKED QUESTIONS
1. What does it do?
• Lowers the threshold for sprinkler protection in new buildings and
additions to existing buildings.
2. Why was it developed?
• It was originally developed for rapidly developing and re-
developing suburban communities desiring a method to control
their future fire loss and related costs.
Why is it necessary?
• The 2003 Minnesota State Building Code (MSBC) is a "mini -max"
code meaning that municipalities that adopt it are not allowed to
change the requirements (i.e. cannot amend it at a local level to
make it more or less restrictive).
• Chapter 1306 (formerly called "Appendix E") was originally
developed by fire chiefs who desired additional controls over
future fire loss. This is accomplished by placing the burden for fire
Page 3 of 4
(0�
03/ 14/ 2007 12: 48
7E3972b174
CITY OF DELA`1�,-
P:aGE 03/03
REQUEST FOR ACTIO
Department Head I City Council Date
Scott Dornfeld I December 19, 2006
Building Official
DELANO
Adopt ORDINANCE amending the Delano City Code, Section 418.01 regarding the Minnesota State
Building Code adopting optional Chapter 1306 -- special fire protection systems as part of the Minnesota
State Building Code for the City of Delano.
ACTION REQUESTED
Adopt Ordinance amending the Delano City Code, Section 418.01 regarding the Minnesota State Building
Code.
BACKGROUND
--:' e Fire Chief, Bob VanLith and I have discussed incorporating optional provisions for the installation of
-vn premises fire suppression systems as part of the Delano City Code, as regulated under the Minnesota
State Building Code 1306. installation of these optional provisions would provide "extra" time before the
fire department reaches a fire.
Attached is a copy of Minnesota Rules, Chapter 1306, Special Fire Protection Systems. Staff is
recommending Council adopt 1306.0020, Subp. 3 (New Buildings); and 1306.0030 (Requirements) E.1. I
will be available Tuesday evening to answer. any questions.
FUNDING
None.
ATTACHMENTS
• Copy o'Minnesota Rules, Chapter 1306 Special Fire Protection Systems.
• Copy of Proposed Ordinance
• Copy of Ordinance 0-03-17
• Copy of Sample Ordinance
-1)
Topic: Group A Occupancies Category: Fire Protection Systems
Reference: IBC 903.2.1.1 — 903.2.1.5 Subject: Automatic Sprinkler Systems
ode Text: An automatic sprinkler system shall be provided for Group A-1 occupancies where one of the
following conditions exists: 1) the f re area exceeds 12, 000 square feet (1115 m2), 2) the fire
area has an occupant load of300 or more, or 3) the fire area is located on a floor other than
the leveLxit di�..aharge. The same criteria apply toGrout)A-3 and A 4 occupancie(An
automatic sprinkler system shall be provided for Group'A-2 occupancies where one of the
following conditions exist: I) ithe, fire area exceeds 5,000 square feet (46.5 m2), 2) the fire
area has an occupant load of 100 or more, or 3) the fire area is located on a floor other than
p� the leve_ l of exit discharge.. n automa is n c er sys sha ovi e or Group A-5
occupancies in t e o owing areas: concession stands, retail areas, press boxes and other
accessory use areas in excess of 1, 000 square feet (93 m2).
14"Dliscussion and The thresholds at which Group A occupancies arc required to be sprinklered vary based upon
Commentary: past fire records and the potential hazards associated with the different types of assembly
uses.
Automatic sprinkler system required wher�:
A-1
A-3
A-4
> 12,000 sq ft,' or
>_ 300 occupants, or
located above or below discharge level
> 5,000 sq ft, or
A-2 �! 100 occupants, or
located above or below discharge level
t square foot = 0.093 in
Where a Group A-1 occupancy contains a multitheater complex, the installation of an automatic
sprinkler system is required.
204 2006 IBC Study Companion
Topic: Assembly Uses Category: Occupancy Classification
Reference: IBC 303.1 Subject: Group A Occupancies
Code Text: Assembly Group A occupancy includes, among others, the use of a building or structure, or a
portion thereof, for the gathering persons for purposes such as civic, social or religious
functions, recreation, food or drink consumption or awaiting transportation. See exceptions
for i7ssembly buildings and assembly spaces with an occupant load of less than 50.
Discussion and The conditions related to a typical Group A occupancy suggest a moderate hazard use. This
Commentary: use often includes sizable numbers of people— who are generally mo i e an awareo the
surrounding conditions. The extremely high occupant density level often present in an
assembly occupancy is what distinguishes Group A from other occupancies. Where the
occupant load of an assembly building does not exceed 50, a Group B classification is more
appropriate owing to the lesser hazard.
Group A-1
Motion picture theaters
Theaters
Symphony and
concert halls
Group A-2
Banquet halls
Night clubs
Restaurants.
Taverns
Group A-3
Amusement arcades
Art galleries
Bowling alleys
Places of worship f
Community halls
Conference raoms
Exhibition halls
Lecture halls
Libraries
Museums
Passenger stations
Group A-4
Arenas'
Skating rinks
Swimming pools
Tennis courts
Group A-5
Amusement park
structures
Bleachers
Grandstands
Stadiums
Unique conditions are represented by the classifications of Groups A-1, A-2, A-4 and A-5. However,
the category Group A-3 includes a variety of broad and diverse assembly uses. It is not uncommon
to find high combustible loading in Group A-3 occupancies.
30 20061BC Study Companion
Building Department
A,lbertville 5959 Main Avenue NE • P.O. Box 9 • Albertville, MN 55301
Small Town Uvin9. Big City Ufa. Phone: 763-497-3384 • Fax: 763-497-3210
MEMORANDUM
DATE: June 1, 2007
TO: Honorable Mayor, City Council, and Staff
FROM: Jon Sutherland, Building Official
SUBJECT: PROPOSED INTERNSHIP FOR THE BUILDING DEPT.
Attached is a Resume and Cover Letter of a person for whom I would like to offer
an internship with my department. I have prepared for this position with
Administration, Finance, and North Hennepin Community College and they are all
supportive of this proposal.
Finance Director Tina Lannes will assist my request from a budget perspective and
report on the feasibility of this request. There are no increased costs in the budget
being proposed, and there may be an opportunity for saving if things work out
favorably. We also have a very good history of being under budget in the Building
Department. This proposal is to cover a 6 month period (with some flexibility) or
a not to exceed the financial allotment as approved by the Council.
I feel this is an opportunity that will benefit both the City of Albertville and the
proposed Intern. There is an adequate and varied amount of work that can be done
that will benefit all departments at City Hall. About 18 years ago I served my
internship with the City of White Bear Lake. My internship experience lasted 4
months and I provided a valuable service to the City while gaining invaluable
experience that still serves me today.
Attachment
JS
May 15, 2007
To Whom It May Concern:
Hello, my name is Elaine Barberg. I am writing you to let you know of my interest in the
possible opening of an internship with the city of Albertville doing building
inspections/permit technician. I've got roughly 9 years of construction background doing
various things such as cabinets & floor design, cabinetry install, scheduling, ect. The last
4 years I've spent working as a new homes project manager in which time I've
participated in approximately 100 homes some of which were right in Albertville. I love
the construction industry and wish to pursue a further career in this field. I have a special
interest in building inspections and this internship would be a wonderful opportunity for
me. I greatly appreciate your time and consideration.
Sincerely,
elaille Narbery
Elaine E Barberg
7593 1251h St NW Annandale, MN 55302
Phone: 763-226-9760
WORK HISTORY
Project Manager, Northwood Custom Homes
2003-2006
I would run every project from very start to very finish and through the warranty period.
This included but not limited to meeting with new clients and realtors to review all
blueprints and explain process to homeowners. Approve all new blueprints to be built.
Do all homeowner selections with new clients. Do all estimating for entire project.
Create and hold subcontractors to schedules including their pricing and in charge of all
field inspections. Work with city inspectors and engineers on all projects to meet code
and city requirements. Do any labor work that needed to be tended to. Do all
homeowner walk throughs and closings and also dealt with any warranty issues or
questions that may arise. I also established our pricing and purchase order system,
established a selections program and was the head of our design committee which was in
charge of all model home selections and presentations.
Scheduler, Hart Bros.
2002 — 2003
Responsibilities includes scheduling 80 or so flooring installers a day. Assisting in all
estimating. Keep track and assist all customer complaints. Also did payroll, AR and AP.
Design/Sales, Floors & More, tdm inc.
2001-2002
Responsibilities includes working with clients to design and coordinate their homes,
including cabinetry, flooring, appliances, wall covering, plumbing, heating, sheetrock,
and ect. Responsible for scheduling all subcontractors for each job sight. Design all
cabinetry with 20/20 cad program. Keeping track of all invoicing, gross profit, gross
sales, and all pavements regarding my clients. Responsible for meeting with new
vendors and bringing in new products and ideas.
Manager of Kitchen and Bath Department, Fullerton Building Center
2000-2001
Responsibilities included creating and maintaining sales, redesigning showroom, meeting
with representatives, bringing in new vendors, meeting with retail customers and
builders, taking care of past and present problems, and other miscellaneous tasks. Also
an active member in the NKBA.
Waitress, Jalapeno's
2000-2004
Get to work with people and make some extra spending money
Cabinet Designer/Administrative Assistant, Guyer's Builder Express
1999 — 2000
Manager of Aquatic whirlpool department, design custom cabinet layouts for mulitiple
clients, work with builders, accounts payable & receivable, customer service, retail
cabinet sales, scheduling, payroll, in charge of deliveries and order entry, plus other
miscellaneous tasks.
81h Grade Girls Volleyball Coach, Buffalo High School
2000-2001
81h Grade Girls Basketball Coach, Howard Lake -Waverly High School
1998-1999
Developed practice routines and game plans. Taught basic skills and techniques in
volleyball and basketball. Also taught team spirit and self-improvement and motivation.
Bookkeeper, Jolevette Cleaners
1998
Kept track of deliveries, orders and revenues.
EDUCATION
Howard Lake — Waverly High School, Diploma
Minnesota School of Business, Business & Management
North Hennepin Community College, Construction Management
Currently enrolled
NKBA — Completion of Kitchen Starter and Kitchen Krafter Classes
QUALIFICATIONS
Organizational Skills — I find that the best way to succeed is to be well organized. I take
great pride in my exceptional organizational skills it's always given me sense of stability
and control.
Quick Learning Ability — "Where there is a will there is a way". It seems that if you try
hard enough and have enough self -motivation you can learn anything. I've always tried
to be the best that I can be.
People Skills — In every job I've ever taken there this always a lot to be said about
having the correct people skills. It's exceptionally important to know how to present
yourself in a professional matter with some courtesy in every situation.
Leadership Skills — Various managerial rolls, tutor in various math classes, & coaching
skills.
• Microsoft Works
• Microsoft Word
• Microsoft Excel
• Microsoft Project
• Quickbooks
• 20/20 Design Cad
• Tiny Term
COMPUTER SKILLS
OTHER QUALIFICATIONS
• Member of the SNBA, Sat on Parade of Homes committee
• Member of the NKBA
• Head of the Northwood Custom Homes Design Committee
Syllabus: Building Inspection Technology -- Internship (2 credits)
BIT 1189 (Inver Hills Community College)
Term: Fall2004
Instructor: Ron Sonnek
Phone: hm (763)533-9671
Wk (952)924-2581
E-mail: Sonnek o,msn.com
Office Hours: Available upon request
Course Texts: None required
Course Description:
The Building Inspection Internship is a 60 hour internship to be conducted with a jurisdiction
responsible for the enforcement of the local building code. This internship is to serve as the
student's introduction into the industry. The student will have the opportunity to apply what has
been learned in the classroom along with having the opportunity to gain practical, hands-on
experience with the dealings of a building department.
The attached spreadsheet details the types of activities that the intern should be involved with
during the internship.
Course Outline:
The student is responsible for arranging the internship. If students should have trouble locating a
jurisdiction, they are to contact the instructor for assistance.
At the end of the internship, the student will prepare a 10 page paper (double spaced) which will
summarize the activities that the student participated in during the internship. The student may
keep a journal summarizing the daily activities, or can prepare a narrative summarizing the entire
experience of the internship.
Upon request, the student may meet with the instructor to gain feedback about the experience.
The instructor will also provide information about professional organizations, certifications, and
professional licenses upon request. The student is to contact the instructor at the end of the
internship if interested in this follow-up meeting.
Course Requirements (to be completed by December 10, 2004):
1. Submit a completed 10 page paper (as described above). 50 point
2. The student is to submit a signed internship participation form including signatures from
the student and building official of the participating jurisdiction. 50 points
3. OPTIONAL: Follow-up meeting with instructor.
Grades will be issued based on the completion of these requirements. A-F grading scale. (A = 90-
100%; B = 80-90%; C = 70-80%; D = 60-70%; F = below 60%)
Feel free to contact the instructor with any questions. Students with special needs should see me
or the Director of the Disability Services Office.
Inver Hills Community College strongly supports the principles of free expression and respect for
the diversity of beliefs, including religious observances, among our academic community. It is
the policy of the college to provide reasonable accommodations for students when religious
observances conflict with classroom activities or course requirements. It is the responsibility of
students to inform instructors in a timely fashion prior to such conflicts. If a mutually agreed
accommodation is not possible, students may initiate an appeal. The procedure for this appeal is
the same as the Grade Appeal Policy listed in the catalogue, however; the appeal must be initiated
by the student within two weeks of the conflict.
2006 Building Inspection Technology Internship Program
The following is a partial list of the types of issues that the intern should gain exposure to during the internship.
This list serves as an example of useful issues to be exposed to. All items do not need to be completed.
It is the responsibility of the intern to meet with the Building Official or other supervisor in order to arrange
participation in the related categories. A minimum of 60 hours shall be completed. Hours can be
distributed over any of the following categories. Print off this list and note the number of hours completed
in each category.
Once the internship is completed, print out a hard copy of this list, fill in the number of hours completed
sign and date, and have the local Building Official also sign and date the form
The completed form needs to be sent to the instructor upon completion in order to be considered for
grading.
CATEGORIES
Legal Issues
Review content of the MN State Building Code
Overview of Inspection Issues -- meet with city attorney and BO
Review inspection procedures/policies
Stop work orders
Right of Entry
Issuing correction orders
Housing inspections
Attend a court proceding related to property issues
Administration and Management
Front counter work/customer service
Issuing of Permits
Scheduling of Inspections
Filing Permits
Work with scheduling system
Understand itemized budget for Inspections Dept
Mt w/ City Admin to understand how cities are financed
Field Inspection -- Building Inspections
Conduct or assist with inspections: footings, foundations, framing....
building exteriors, proper envelope installation
housing inspections (rental inspections, if available)
site grading and reviewing of surveys
Field Inspections -- Mech/Plmb/Elect
plumbing
mechanical
electrical (meet electrical inspector, if possible)
Non-structural Components
occupancy classifications
Identify buildings of various types of construction
exiting provisions
fire resistive classifications
plan review -- residential
plan review -- commercial
Structural Bldg Components
residential framing and sizing of members
dead and dead loads and understanding of tables in IRC
Accessibility
Zoning
plan review and field inspections
what zoning issues to be aware of during field inspections
how zoning standards are developed?
zoning districts
Code Development
how are code changes developed?
writing code changes
attending hearings or committee meetings
participation in ICC Chapter activities
particiaption or sitting in on an advisory committee meeting
Fire Prevention
become generally aware of fire standards in construction:
standpipes, site access, sprinkler piping....
conduct a field inspection with fire inspector (if available)
Certifications/Continuing Education
Gather information about MN State Licensing and National Certifications
Attend State or ICC taught code seminars (if available)
MN Certified BO
MN Certified BO -- Limited
National Code Certifications
Attend a local ICC chapter meeting
Hours Available
Minimum Number of Hours to be Completed
Signatures Required once internship is completed:
Student (print name, sign, and date) Phone Number
Building Official (print name, sign, and date) Phone Number
Jurisdiction
lbertvi £ Building Department
5959 Main Avenue NE • P.O. Box 9 • Albertville, MN 55301
Small Town Uvina. Bla City Ufa. Phone: 763-497-3384 • Fax: 763-497-3210
MEMORANDUM
DATE: May 31, 2007
TO: Honorable Mayor, City Council, and Staff
FROM: Jon Sutherland, Building Official
SUBJECT: PROPOSED ADOPTION of 1306 FIRE SPRINKLER OPTION
Attached is a listing of various Municipalities that have adopted 1306, some
additional information related to A Occupancies, and some estimated cost figures.
As requested by the Council I have discussed the reported problems in the City of
Rogers with their adoption of 1306.
Rogers City Administrator (who is interim for both Rogers and Hassan) Jim Willis
stated no problems he is aware of (in either City). Jim voiced strong support for
the adoption of 1306 and welcomed anyone to give him or their Fire Marshall a
call. Their consultant Building Inspector Jack Weizel reported in the older portion
of town there has been one building owner who had a change in use (that met the
thresholds) and this owner did cause uproar. Otherwise there have been no
significant problems.
Jack and Metro West Inspection Service represent a number of other communities
that have adopted 1306 and he stated he has had very minimal negative experience
and would recommend that Albertville adopt these regulations if we do not have a
full time Fire Dept.
The application of these regulations (including subpart 3 and option 2.) eliminates
the thresholds for A-2 Occupancies (restaurants or bars) so a sprinkler system
would be required for these buildings in the event that there was an increase the
occupant load or hazard. Currently the threshold is 5,000 sq. ft. for A-2
Occupancies.
Attachment
Albertville Fire Department
11350 571h Street NE • P.O. Box 56 • Albertville, MN 55301 • (763) 497-4836 • Fax: (763) 497-7474
�xz
May 17, 2007
Mr Mayor, City Council and Staff,
I am writing this letter to offer my support and professional opinion on the resubmission of the
previously proposed (2004) MN State Building Code (SBC) 1306, special fire protection
systems. In this code section there are several reasons for my support.
First and foremost the addition of fire suppression systems in any type of structure, make it more
"fire safe", therefore preserving life and property. Second, some of the types of structures we are
seeing here in Albertville consist of buildings that have a combination of occupancy groups, such
as groups A-2, M, and B in the same structure. Under existing code each individual occupant in
the building was looked at separately. Under the proposed MN 1306, section 1306.0030
Requirements; - will allow our municipality to take the gross square footage of these
combination occupancies, (the entire building, not individual occupancies), regardless of fire
barriers, or fire walls, to calculate whether special fire protection systems are required. Another
key factor in this code would be the calculation on occupancy groups B, F, M, E and S would
reduce the required gross square footage for requiring special fire protection systems, from 5000
gsf to 2000 gsf.
In my professional opinion, I see this code giving our city greater control over future fire
protection costs. Examples of these costs would be insurance rates, interruption of the business
affected, and fire department costs. It would also be placing the burden for fire protection on the
developing property owners, instead of residential taxpayers.
Please consider my recommendations, as I cannot attend the May 21 council meeting due to a
work conflict. I will be, as always available by cell phone if there are any questions of me.
612-508-8305
Tate Mills
Fire Chief
Albertville Fire Dept.
Page l of 1
Bridget Miller
From: Jon Sutherland
Sent: Monday, June 04, 2007 11:39 AM
To: Bridget Miller
Cc: Larry Kruse, Tina Lannes
Subject: FW: Albertville 1306 Proposal
From: John Juntilla [mailto:john.juntilla@vikingsprinkler.us]
Sent: Monday, June 04, 2007 9:15 AM
To: Jon Sutherland
Subject: RE: Albertville 1306 Proposal
Memorandum
I am pleased to provide you with some budget pricing for a Fire Sprinkler System in the following type buildings.
New Existing
Bars/Restaurants, 3,000 to 5,000 Square Feet $3.00 per square foot $4.00 per square foot
Office type buildings, 10,000 to 20,000 Square Feet $2.50 per square foot $3.00 per square foot
The water supply costs from the city water main into the buildings are not included in the above prices. A rough
price for this work is $15,000.00 to $20,000.00
,I
If there is any additional information that you need, please do not hesitate to call. Thanks John Juntilla
VIKING AUTOMATIC SPRINKLER CO.
1301 I'ORIENT STREET
ti ST. PAUL, MINN. 55117
:. ...... --
From: Jon u erand@ci.albertville.mn.us]
Sent: Thursday, May 31, 2007 4:26 PM
To: john.juntilla@vikingsprinkler.us
Subject: Albertville 1306 Proposal
Johnny I need ya!
Can you send me a memo on your letterhead on what current per sq ft. cost's are for sprinklers in an existing
building and a new building please!
Just some broad figures nothing to hold you to,,.
Check your voice mail,,.
Jonny
6/4/2007
OF
,� State Fire Marshal Division
444 Cedar Street, Suite 145, St. Paul, Minnesota 55101-5145
Phone:651/215-0500 FAX: 651/215-0525 TTY: 651/282/6555
4p __ Internet: http://www.dps.state.mn.us.
MINNESOTA STATE BUILDING CODE CHAPTER 1306
Alcohol & INFORMATION SHEET
Gambling
Enforcement
SECTION 1— INTRODUCTION
Bureau of
Criminal
Apprehension This fire safety information sheet is meant to provide information on the 2003
Capitol Security Minnesota State Building Code Chapter 1306 dealing with local adoption of
fire sprinkler requirements.
Crime Victim
Services More information is available from the Minnesota State Fire Marshal Division
Driver & Vehide by calling (651) 215-0500. E-mail questions to firecode@state.mn.us or visit
Services our web page at www.fire.state.mn.us for the latest information on fire in
Emergency Minnesota.
Management /
Emergency SECTION 2 — MINNESOTA STATE BUILDING CODE
Response
Commission CHAPTER 1306
State Fire 1306.0010 General
Marshal /
Pipeline Safety This chapter authorizes optional provisions for the installation of on -premises
fire suppression systems that may be adopted by a municipality in addition to
State Patrol the 2003 Minnesota State Building Code (MSBC). If the municipality adopts
Traffic Safety them, the sprinkler system requirements of this chapter become part of the
State Building Code and are applicable throughout the municipality. This
chapter, if adopted, must be adopted without amendment.
1306.0020 Municipal Option
Subpart 1. Requirement. The sprinkler system requirements of this chapter, if
DAMINNESMadopted, must be adopted with the selection of either subpart 2 or 3, without
amendment.
Subp. 2. Existing and new buildings. Automatic sprinkler systems for new
buildings, buildings increased in total floor area (including the existing
buildings), or buildings in which the occupancy classification has changed,
must be installed and maintained in operational condition within the structure.
The requirements of the subpart apply to structures that fall within the
occupancy classifications established in part 1306.0030, items A to E
Page 1 of 4
SFMD Fact Sheet INS -FACT -21
March 31, 2003
Page 2 of 4
Exceptions:
1. The floor area of minor additions that do not increase the occupant
load do not have to be figured into the square footage for occupancy
classifications established in part 1306.0030, items A to E.
2. The existing portion of R-2 apartment occupancies, attached R-3
occupancies, and attached townhomes are not required to be
sprinklered under this chapter.
Subp. 3. New buildings. Automatic sprinkler systems for new buildings,
additions to existing buildings, or buildings in which the occupancy
classification has changed must be installed and maintained in operational
condition within the structure. The requirements of this subpart apply to
structures that fall within the occupancy classifications established in part
1306.0030, items A to E.
Exception:
The floor area of minor additions that do not increase the occupant load do
not have to be figured into the square footage for occupancy
classifications established in part 1306.0030, items A to E.
1306.0030 Requirements
For purpose of this chapter, area separations, fire barriers, or fire walls do not
establish separate buildings. Gross square footage (gsf) means the floor area
as defined in the International Building Code. The floor area requirements
established in items A to E are based on the gross square footage of the entire
building and establish thresholds for these requirements. The following
occupancy groups must comply with sprinkler requirements of this chapter,
unless specified otherwise:
A. Group A-1, A-2, A-3, and A-4 occupancies;
B. Group B, F, M, and S occupancies with 2,000 or more gross square feet of
floor area or with three or more stories in height;
C. Group E occupancies with 2,000 or more gross square feet of floor area or
with two or more stories in height;
D. Group E day care occupancies with an occupant load of 30 or more;
E. Optional occupancy group -municipality may choose option 1 or option 2.
Group R-1 and R-2 occupancies with 8,500 or more gross square
feet of floor area or dwelling units or guestrooms on three or more
floors; and attached R-3 occupancies and attached townhouses
built to the International Residential Code with 8,500 or more
gross square feet of floor area. All floors, basements, and garages
are included in this floor area threshold.
Attached R-3 occupancies with attached townhouses built to the
International Residential Code with more than 16 dwelling units or
more than three stories in height.
Page 2 of 4
I" SFMD Fact Sheet INS -FACT -21
March 31, 2003
Page 3 of 4
1306.0040 Standard
Automatic sprinkler systems must comply with the applicable standard
referenced in the State building Code. If a public water supply is not
available, an alternate or on -site source of water may be used if it meets the
approval of the building official and fire chief. If an adequate alternate water
supply sufficient for hose stream requirements is provided or available, the
building official and fire chief may permit the water supply requirements for
the hose stream demands be modified.
1306.0050 Substitute Construction
The installation of an automatic sprinkler system, as required by this chapter,
does not preclude the substitution of one -hour fire -resistive construction as
permitted by the International Building Code, Table 601, footnote d.
1306.0060 Exemption
The building official, with the co re official ma waive the
requirements of this chapter if the application of water has been demons a d
to constitute a serious life, fire, or environmental hazard, or if the building
does not have an adequate water supply and the building is surrounded by
public ways or yar s more than 60 ee wt a on a sides.
1306.0070 Reporting
A municipality must submit a copy of the ordinance adopting this chapter to
the Department of Administration, Building Codes and Standards Division,
within 15 days of its adoption.
Repealer. Minnesota Rules, part 1306.0100, is repealed.
SECTION 3 — FREQUENTLY ASKED QUESTIONS
1. What does it do?
• Lowers the threshold for sprinkler protection in new buildings and
additions to existing buildings.
2. Why was it developed?
• It was originally developed for rapidly developing and re-
developing suburban communities desiring a method to control
their future fire loss and related costs.
---- 3. Why is it necessary?
• The 2003 Minnesota State Building Code (MSBC) is a "mini -max"
code meaning that municipalities that adopt it are not allowed to
change the requirements (i.e. cannot amend it at a local level to
make it more or less restrictive).
• Chapter 1306 (formerly called "Appendix E") was originally
developed by fire chiefs who desired additional controls over
future fire loss. This is accomplished by placing the burden for fire
Page 3 of 4
SFMD Fact Sheet INS -FACT -21
March 31, 2003
Page 4 of 4
protection on the developing property owners (i.e. sprinklering the
property) as opposed to the taxpayers (build more fire stations,
recruit and hire more firefighters, buy more expensive apparatus,
etc.).
4. Advantages of Chapter 1306:
• The municipality has greater control over future fire protection
costs. This is particularly crucial for rapidly developing (or "outer
ring") communities.
• Prevents the erosion of the tax base - 60% of the businesses
destroyed by fire do not rebuild on the same site.
• Examples of fire protection costs:
❑ Fire department costs,
❑ Municipal infrastructure (especially water supplies for
hydrants),
❑ Insurance rates,
❑ Business interruption.
1- __4 5. Disadvantages of Chapter 1306:
• Some communities feel that the impact to existing businesses
undergoing additions is negative,
• Some developers object to cost (sprinklers cost $1.25 -
$3.00/square foot for new construction),
• Some municipalities that have adopted Chapter 1306 have been
accused of being "anti -development".
6. Does the adoption of Chapter 1306 mean that there is anything wrong with
the municipal fire department?
Absolutely not! However, this is an argument that some detractors
use who do not like Chapter 1306. The State Fire Marshal believes
that fire departments that advocate Chapter 1306 are among the
best and most progressive departments as they are attempting to be
pro -active as opposed to being reactive.
Most fire departments are set up and equipped to handle fires in
residential and small commercial occupancies. Fires in larger
commercial, business and industrial occupancies are beyond their
capability to fight from an offensive strategy.
City Hall Lease
2,320
Square feet
$16.00
Square foot rate
$37,120.00
Annual Rent w/out carpet upgrade
$3,093.33
Monthly Rent w/out carpet upgrade
$110.00
Carpet Upgrade
$3,203.33
Monthly Rent and Carpet
No CPI during first three years
Option to extend two years with CPI increases
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
LEASE BETWEEN THE CITY OF ALBERTVILLE, AND
Can -West Management, Inc.
THIS AGREEMENT, made this day of , 2007, by and
between City of Albertville (City or Lessor) a municipal corporation under the laws
of the State of Minnesota, and , doing business as Can -West
Management (Lessee), the Lessee to rent office space from the City at its former
City Hall located at 5975 Main Avenue NE, Albertville, MN 55301-0009.
WHEREAS, The Lessor in consideration of the rents and covenants hereinafter
mentioned, does hereby demise, lease and let unto the Lessee, and the Lessee does
hereby hire and take from the Lessor the following premises located at 5975 Main
Avenue, Albertville, Minnesota 55301.
NOW, THEREFORE, in consideration of the foregoing and mutual promises and
covenants set forth, the parties hereby agree as follows:
1. LEASED PREMISES
The City leases to Lessee approximately 2,320 square feet (gross) of space
located at the former City Hall ("Leased Premises") as shown on Exhibit A.
2. TERM
The Term of this Agreement shall be three years from the commencement
date of July 1, 2007, with an option in favor of Lessee to extend the lease for
an additional two-year period.
3. AUTHORIZED USE
The City grants to Lessee the exclusive use of the Leased Premises described
within Section 1 for office uses only. The Leased Premises shall be used and
occupied by Lessee only for the uses specified in this Agreement. Lessee is
prohibited from any use of the Leased Premises not specifically permitted
under this Agreement without the prior written approval of the City, such
approval to be given at the City's sole discretion. Under no circumstances
shall the Lease Premises be used for any Adult Uses as defined in the City of
Albertville's Zoning Ordinance.
4. RENT, FEES AND CHARGES
A. Rent
Lessee shall pay monthly rent in the amount of Three thousand three
hundred and thirty seven dollars ($3,337) per month during the first
twelve months of this lease. On each anniversary date thereafter, the
rental shall be increased or decreased by the percentage change in the
Consumer Price Indeyfor All Urban Consumers as published by the
United States Bureau of Labor Sttltistics .for the most recent twelve
months prior to such anniversary.
Lessee shall pay the rent in equal monthly payments in advance on or
before the Is' day of every month during said term. Payment shall be
sent to the City of Albertville's Finance Director, or such other such
person as Lessor may specify, and that said Lessee will keep and
maintain the said premises during the aforesaid term, and quit and
deliver up the said premises to the said Lessor at the end of the
aforesaid term or at any previous termination thereof for any cause, in
as good order and condition and state of repair, reasonable use and
wearing thereof excepted, as the same now is or may be put by the
Lessor.
B. Utilities
The Lessee shall be responsible for paying all utilities consumed
during the term of the lease, including water, sewer, electric, gas and
garbage.
C. Interest and Late Fees
Lessee shall pay a penalty for late or delinquent payments during the
Term of this Agreement and any extensions of twelve percent per
annum on the balance of the unpaid amount calculated from the date
the amount is due until the close of the business day upon which the
delinquent payment is received by the City.
D. Security Deposit
Lessee shall provide the City a security deposit of Three thousand
three hundred thirty seven dollars ($3,337.00) ("Lessee Security
Deposit"). The Lessee Security Deposit will be returned to Tenant
when this Agreement is terminated unless the City chooses to apply
it to unpaid rent or other damages. Tenant's Security Deposit will
accrue no interest.
If Lessee defaults with respect to any provision of this Agreement,
the City may use, apply or retain all or any part of Lessee Security
Deleted:
Deleted: Govemment --�
Deposit for the payment of any rent or other sum in default and any
amounts the City may spend by reason of Lessee's default to the full
extent permitted by law. If any portion of Lessee Security Deposit is
so used, Lessee shall, within ten (10) days after written demand
therefore, deposit with the City, in a form acceptable to the City, an
amount sufficient to restore Lessee Security Deposit to the
aforementioned amounts, and Lessee's failure to do so shall be a
material default and breach of this Agreement. The City shall not be
required to keep any security deposit separate from its general funds,
and Lessee shall not be entitled to protest on any such deposit.
5. LEASEHOLD EWROVEMENTS
A. Installation/Construction
Leased Premises shall be delivered to Lessee in its current condition
with the exception of new carpeting to be installed by the City on all
floors currently covered with carpeting, said installation to occur
prior to Lessee's occupancy of the Leased Premises. All
improvements required to accommodate Lessee's operations will be
the responsibility of Lessee and must be approved by the City prior
to implementation, including the division of the former City Council
chambers into two offices, which Lessee shall install. Lessee is
responsible for obtaining the necessary building permits from the
City Building Official. The cost of installation of the Lessee's
equipment and any alterations approved by the City to the Leased
Premises, including electrical, shall be made at Lessee's sole cost
and expense. All installations and alterations shall comply with: (1)
the City's design and construction standards as interpreted and
administered by the City Building Official; and (2) shall be
submitted for written review and approval by the City Building
Official. Lessee is responsible for all clean-up of construction
materials, debris and packaging associated with construction or
installations.
B. Permits
Lessee shall maintain in force and effect all permits, licenses,
agreements and similar authorizations to use the Leased Premises.
Lessee's failure to maintain such permits, licenses, agreements and
similar authorizations shall not relieve Lessee from the performance
of its obligations under this Agreement.
C. Liens
Lessee shall: 1) keep the former City Hall and the Leased Premises
free and clear from all liens for labor performed and materials
furnished on behalf of Lessee; and 2) defend, at Lessee's cost, each
and every lien asserted or filed against the former City Hall and the
Leased Premises, or against this Agreement and any improvement
on behalf of Lessee on the Leased Premises and pay each and every
judgment resulting from such lien.
D. Title to Improvements and Structural Alterations
All improvements and alterations to the Leased Premises (excluding
phone systems installed by Lessee) thereafter will be paid for by
Lessee but shall remain the property of the City upon the termination
of the lease term. All personal property shall be removed by Lessee
upon termination of the ' lease term. In addition to any other
remedies available to the City, any improvements or property that
remain on the Leased Premises after this time shall become the
property of the City.
E. Phone System and Furniture
The City has left six telephones, a Nortel multi -line phone system
and furniture consisting of a large front work station, 2 wood desks
with three matching wood two draw files, two blue wood lobby
chairs, one black four drawer metal file, three 4 drawer metal lateral
files, one corner work station with extension table and one 4'x4'
lunch table for use by Lessee, of which photos are attached as
Exhibit B to this Lease. A11 such items shall be returned to the City- Deleted: in theadaenc
at the termination of the Lease in the same condition as Lessee found
them less ordinary wear and tear. If Lessee installs a new phone
system which Lessee subsequently removes from the building upon
the termination of this Lease, Lessee shall reinstall the City's phone
system prior to the termination of the Lease.
6. MAINTENANCE OBLIGATIONS
A. City Obligations
The City shall maintain the exterior of the building, the
heating/ventilation/air-conditioning system, the grass and shrubs
outside the building, and the parking lot. If the City installs an
irrigation system, Lessee shall be responsible for the water costs
incurred during such irrigation.
B. Lessee's Obligations
Lessee shall be obligated, without cost to the City, to maintain all
portions of the Leased Premises not maintained by the City per
paragraph 6A above, including removing snow and ice from the
sidewalks and entry ways to the building. Lessee shall keep the
Leased Premises in good appearance, repair, and safe condition at all
times. Lessee shall be responsible for all janitorial service and
garbage removal.
C. Redelivery of Leased Premises
Lessee shall make no unlawful or offensive use of the Leased
Premises. At the expiration of the Term of the Agreement or upon
any sooner termination thereof, without the necessity or demand
therefore by The City, Lessee shall surrender possession of the
Leased Premises peaceably, quietly and in as good order and
condition as it is when turned over to Lessee, fire and unavoidable
causes excepted.
7. DAMAGE TO OR DESTRUCTION OF LEASED PREMISES
A. Repair
All damage or injuries to the Leased Premises and to fixtures,
appurtenances, and equipment by Lessee, moving property in or out
of the Leased Premises or by installation, removal of furniture,
fixtures, equipment, or other property by Lessee, or resulting from
any other cause of any other kind or nature whatsoever due to
carelessness, omission, neglect, improper conduct, or other causes of
Lessee, or their subtenants, invitees, agents, or employees shall be
repaired, restored, or replaced promptly by Lessee within fifteen (15)
days at its sole cost and expense to the satisfaction of the City. The
City will notify Lessee in writing if the City determines repairs must
be made. No rent shall abate if damage resulted from any act of
Lessee or their subtenants, invitees, agents or employees. If repairs
are not made within fifteen (15) days of the notification of the
damage, and the City was not responsible for the damage, the City
will notify Lessee in writing that the City will make the repairs and
charge Lessee the current hourly rate for labor and materials at cost,
unless otherwise agreed to. An administrative overhead charge of
fifteen percent (15%) is added to the total cost (employee plus
material cost) of the billing. Additional interest at the rate of
eighteen percent (18%) per year shall accrue if the sum is not paid
within five (5) days after rendition of a bill or statement therefore. If
the City and its employees or agents damage the Leased Premises
through their gross negligence or intentional act, the City will be
solely responsible for the repairs.
If damage occurs that is not the fault of Lessee, or any of their
subtenants, invitees, agents, or employees in any way making the
Leased Premises unusable, rent and all other charges shall be abated
on a per day pro -rated basis during the time the Leased Premises are
unusable.
B. Exceptions from Liability
The City shall not be liable or responsible to Lessee for any damage
or destruction to Lessee's property from any cause other than the
City's own intentional or negligent acts.
S. INDEMNIFICATION AND INSURANCE
A. Indemnification
To the fullest extent permitted by law, Lessee does hereby covenant
and agree to indemnify and hold harmless the City and its Council
Members, officers, agents and employees (collectively
"Indemnitees") from and against any and all liabilities, losses,
damages, suits, actions, claims, judgments, settlements, fines or
demands of any person arising by reason of injury or death of any
person, financial loss, or damage to any property, including all
reasonable costs for investigation and defense thereof (including, but
not limited to, attorney's fees, court costs and expert fees) of any
nature whatsoever arising out of or as a result of Lessee's operation
at or about the Leased Premises, or the acts or omissions of Lessee's
officers, agents, employees, contractors, subcontractors, licensees or
invitees, regardless of where the injury, death or damage may occur.
The City shall give Lessee reasonable notice of any such claim or
action. In indemnifying or defending an Indemnitee, Lessee shall
use legal counsel reasonably acceptable to the City. The City, at is
option, shall have the right to select its own counsel or to approve
joint counsel as appropriate (considering potential conflicts of
interest) and any experts for the defense of claims. Lessee, at their
expense, shall provide to the City all information, records,
statements, photographs, video, or other documents reasonably
necessary to defend the parties on any claims.
This provision shall survive expiration or earlier termination of the
Agreement. The furnishing of the required insurance hereunder
shall not be deemed to limit Lessee's obligations under this
Agreement.
As a distinct and separate indemnification obligation, Lessee shall
defend, indemnify and hold the City harmless from any claims or
liabilities as a result of Lessee's failure to procure and to keep in
force the insurance required as part of this Agreement.
Lessee shall not use or permit the Leased Premises to be used in any
manner that would void Lessee or the City's insurance or increase
the insurance risk. Lessee shall comply with all requirements
imposed by the insurers for the City and Lessee.
B. City Insurance
During the term of this Lease, the City shall insure the building and
all fixtures belonging to the City against fire and other casualty. The
City shall pay all premiums to obtain and keep in force such
insurance coverage. The City shall not be obligated to insure
Lessee's contents.
C. Lessee Insurance
During the term of this Lease, Lessee shall maintain in force a
liability insurance policy from an insurer licensed to do business in
Minnesota naming the City as an additional insured with the
following minimum liability limits: $500,000 per person for
personal injury or death and $1,500,000 per occurrence for personal
injury or death or damage to property. Prior to occupancy of the
Leased Premises and annually thereafter Lessee shall present the
City with certificates of insurance evidencing the required insurance.
Lessee shall be responsible for providing its own contents and
renter's insurance.
9. COMPLIANCE WITH LAWS
A. Compliance with Laws
Lessee, at its sole expense, shall promptly comply with and conform
to all present and future laws, ordinances, regulations, and
requirements of federal, state, county, and other government bodies
of competent jurisdiction that apply to or affect, either directly or
indirectly, Lessee's use and occupation of the Leased Premises, and
with any lawful order or direction of any public officer relating
thereto and operations and activities under this Agreement. The City
shall have the right to and shall adopt and enforce reasonable rules
and regulations with respect to the use of the Leased Premises and
related facilities, which Lessee must observe and obey.
B. Notices of Violation
Lessee shall notify the City within two (2) Business Days of any
notices of violation of any laws, ordinance, rule, regulation or order.
10. DEFAULT
A. Events of Default
Any of the following shall constitute a default of this Agreement by
Lessee.
l . Lessee is in arrears in the payment of rent for a period of five
(5) days after written notice of default from the City.
2. Lessee fails to operate the Leased Premises as required, or
Lessee fails or neglects to do or perform or observe any of the
covenants contained herein on its part to be kept and
performed and such failure or neglect shall continue for a
period of not less than thirty (30) days after the City has
notified Lessee in writing of Lessee's default hereunder and
Lessee has failed for reasons other than those beyond
Lessee's control to correct such default within said thirty (30)
days (such thirty (30) day notification period shall not be
construed to apply to any default in payment of rent).
3. Lessee shall be declared to be bankrupt or insolvent according
to law, or if any assignment of its property shall be made for
the benefit of creditors.
4. Lessee fails to maintain the required insurance for any time
period as required under this Lease.
B. The City's Rights Upon Default
The City, or those having an estate in the Leased Premises, may take
any of the remedies set forth in the following subsections.
Immediately, or at any time thereafter, without further notice
to Lessee, re-enter into or upon the Leased Premises or any
part thereof and take possession of the same fully and
absolutely without such re-entry working a forfeiture of the
rents or other charges to Lessee for the full Term of this
Agreement, and in the event of such re-entry, The City may
proceed for the collection of the rents or other charges to be
paid under this Agreement or for properly measured damages;
or
2. The City may, at its election, terminate this Agreement upon
written notice in the manner hereinafter provided and re-enter
Leased Premises as of its former estate therein, and Lessee
covenants in case of such termination to remain responsible to
the City for all loss of rents and expense including reasonable
attorneys fees which the City has suffered or paid by reason
of termination, during the residue of the Term; or
3. The City shall further have all other rights and remedies
including injunctive relief, ejectment or summary proceedings
in unlawful detainer, and all such remedies shall be
cumulative.
11. RIGHT OF ENTRY
The City, its officers, agents, and employees shall have the right, without
limitation, throughout the Term of this Agreement to enter upon the Leased
Premises for any lawful purpose, including the purpose of determining
whether Lessee is complying with its obligations herein.
Such entry by the City shall not be deemed to excuse Lessee's performance
of any promise, term, condition, or covenant required of it by this
Agreement, and shall not be deemed to constitute waiver thereof by the
City.
12. QUIET ENJOYMENT
So long as Lessee is not in default in their obligations hereunder, the City's
covenants and agrees that Lessee shall have, hold and enjoy peaceful and
uninterrupted possession of all of the Leased Premises.
13. GENERAL PROVISIONS
A. Sublease or Assignment
Lessee shall not sublease, transfer, assign or allow any other person
or entity operating rights under this Agreement without the City's
prior written consent, which consent shall not be unreasonably
withheld. This Agreement is binding on all legal representatives,
successors or assigns. Consent is subject to payment of all rents and
the performance of all covenants, conditions and terms contained in
this Agreement by Lessee. In no case shall the City be obligated to
consent to any sublease, transfer or assignment.
B. Minnesota Law and Jurisdiction
The laws of the State of Minnesota shall govern this Agreement.
Lessee further consents to the jurisdiction of the Minnesota state
courts.
C. Severability
If any term, condition, or provision of the Agreement or the
application thereof to any person or circumstance shall, to any
extent, be held to be invalid or unenforceable, the remainder thereof
and the application of such terms, provisions, and conditions to
persons or circumstances other than those as to whom it shall be held
invalid or unenforceable shall not be affected thereby, and the
Agreement and all the terms, provisions, and conditions hereof shall,
in all other respects, continue to be effective and to be complied with
to the full extent permitted by law.
E. Accord and Satisfaction
No payment by Lessee of a lesser amount than the rent or other
payments required in this Agreement shall be deemed an accord and
satisfaction. The City shall accept such payment without prejudice
to the City's rights to recover the balance of rent and/or payments
due or to pursue any other remedy.
F. Attorney's Fees and Costs
In the event of any default of this Agreement, Lessee shall reimburse
the City for all reasonable and documented fees and costs incurred
by the City including reasonable attorney's fees, relating to such
default and/or the enforcement of the City's rights hereunder.
G. Relationship of Parties
It is understood and agreed that nothing in this Agreement is
intended or shall be construed as in any way creating or establishing
the relationship of co-partners hereto, or as constituting Lessee as the
agent, representative or employee of the City for any purpose or in
any manner whatsoever. Lessee is to be and shall remain an
independent Lessee with respect to all services performed under this
Agreement.
H. Headings
The headings incorporated in the Agreement are for convenience in
reference only and are not a part of the Agreement and do not in any
way limited or add to the terms and provisions hereof.
I. Waiver
The waiver or breach by Lessee or the City of any term of this
Agreement shall not be deemed a waiver of any subsequent breach
of the same term or any other term of this Agreement.
J. Entire Agreement
This represents the entire agreement between the parties. This
Agreement may only be modified if done in writing and executed by
both parties.
IN WITNESS WHEREOF, the parties hereto singed and executed this instrument
the day and year first above written, but effective as of the date set forth in Article
2.
Date: 20 CITY OF ALBERTVILLE
Its:
Date: , 20 LESSEE
is