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89-1738 W1iITE - CITV GLERK PINK - FINANCE COUIICIl � / �� Q CANARV - DEPARTMENT GITY OF SAINT PAUL �� BIUE - MAVOR File NO. �� ,C unci Resolution ����-��, Presented By .�'� ��-' Referred To Committee: Date Out of Committee By Date RESOLVED, that the proper ity Officials are hereby authorized and directed to execute an Agre ment with the Boys and Girls Club of St . Paul , 12Q1 Payne Avenue, St . Paul , MN 55101 concerning the lease «nc� �anagenen-c of Belvid re Recreation Site and the Council of the City of Saint Paul does he eby approve the terms and conditions of said Agreement, including t e acknowlevgernent that Boys and Girls Club shall have no liability ith respec'c �o use of the center by third parties, and indemnific tion by eaci� agency of their own use of the center, and Boys and G rls Club shall �aintain Worker ' s Compensation and General Liab lity/and Pro�e��ty Damage Insurance naming the City as a co-insur d thereon a copy of said Agreement to be kept on file and of recor in the t�epart�ent of Finance and Management Services . COUNCIL MEMBERS Requested by Department of: Yeas Nays ' Dimond C o mm u n t $ 1^V � �� [ Favor �-6e�wii�. Rettman � scheibe� _ gai n s t Sonnen Wilson �P 8 '�(� Form ove y Cit �Ctorn Adopted by Council: Date �� � .- � Certified Pas Council reta BY g}, !�pprov Mavor. Date _ ---� �� � Appro d Mayor for Su ssi uncil B PUBttSli�D 0 C T 7 1989 - . �-t g'I/7,3 � ��-�" �°���..�� ��� / � AGREEM THIS AGREEMENT made and eff ctive this ist day of October, 1989 by and between the City of Saint Pa 1, Minnesota, a municipal corporation organized and existing under the laws of the State of Minnesota, hereinafter referred to as "CITY ', and Boys and Girls Club of St. Paul, 1201 Payne Ave. , St. Paul, MN. 5 101, hereinafter referred to as "BOYS AND GIRLS CLUB. " WITNESSETH: WHEREAS, CITY is the owner of certain property known as Belvidere Recreation Site which is locate within the corporate limits of the City of Saint Paul, and said' pr perty is legally described in Exhibit A attached, hereinafter referred o as "CENTER;" WHEREAS, CITY desires to p ovide from and through the CENTER a comprehensive program of recre ion, service, and opportunities for the West Side Community; WHEREAS, CITY has histori ally sponsored and promoted human services activities of the sor and nature which have helped and benefited the social, recreati nal. health, educational, and the general well-being of the resi ents of the West Side Community; and WHEREAS, CITY and BOYS GIRLS CLUB have determined that the residents of the West Side Co unity would experience an effective delivery of human services if BOYS AND GIRLS CLUB leased and managed the CENTER. NOW, THEREFORE, in consi eration of the mutual and reciprocal agreements and promises herei after set forth and for other good and valuable consideration, the rties hereto agree and have agreed as follows: - - - _ _1_ . . �-' �l-/7,3 �r 1. Leased Premises. CITY a rees to lease and BOYS AND GIRLS CLUB does hereby lease the CENTER CENTER being more particularly described in Exhibit A appended h reto and made a part of this Agreement. CITY agrees to permit and hereby authorizes BOYS AND GIRLS CLUB to provide human services p grams and activities therein, subject to the restriction stated herein. The CITY will continue to maintain and schedule use of the outdoor acilities beyond the physical building leased to BOYS AND GIRL CLUB. BOYS AND GIRLS CLUB shall receive first priority after Par s and Recreation in scheduling outdoor facilities, before other permit are granted. The outdoor facilities or site being more particularly de cribed in Exhibit A also. 2. Term of Lease. The te of this agreement shall be one year and commence on October 1, 1989 The BOYS AND GIRLS CLUB has the option to renew this lease for n extended period by giving written notice to the CITY 45 ys prior to the expiration of the - initial term. 3 . IIse of Premises. The premises shall be used and occupied by the BOYS AND GIRLS CLUB for th following purpose and for no other purpose without the prior writ en consent of CITY: To offer general recreation activities to meet he needs of the community served by Belvidere Recreation Center. (a) In accordance ith its status as a part time recreation center when op rated by the City, BOYS AND GIRLS CLUB operation shal meet or exceed those standards including: BOYS & GIRLS LUB shall provide staff and volunteer ass stance. The major focus shall be school age youth. -2- � . � ��'/7�3� The hours shall b - SCHOOL YEAR: Tues ay-Friday 1:00-9: 00 p.m. , and Satu day 9:00 a.m. - 5:00 p.m. SUNIlKER: Monday-F 'day 9:00 a.m. - 5:00 p.m. The program shal be conducted under the direction of a Board of Directo s comprised of citizen members concerned with y uth development in inner city areas, and by an Adviso y Committee appointed by BOYS AND GIRLS CLUB comprised f residents and parents from the area served. . (b) The parties ac owledge that third parties including Humboldt High S hool and West Side Baseball/Football may from time o time use the SITE and such use may not be in connecti n with a BOYS AND GIRLS CLUB sponsored activity and s all not conflict with the regularly � scheduled prog am of the BOYS AND GIRLS CLUB. The CITY agre that the BOYS AND GIRLS CLUB shall have no liability with respect to such use at the SITE by third parties. 4. Basic Rent. The ye rly rental rate shall be one dollar ($1. 00) payable on or befor date of signing each year that this Agreement is in effect. 5. Additional Rent. he BOYS AND GIRLS CLUB shall pay all Additional Rent. Additiona Rent means all amounts, other than Basic Rent provided for in Parag ph 4 above, which BOYS AND GIRLS CLUB is or may become obligated to pay under this paragraph or other provisions of this Lease. Additional Rent includes, but is not limited to, the following ees, costs and expenses: (a) all -3- . � �9- / 73 � utilities, including water, elec ric, gas, telephone, sewage and garbage collection and disposal; and (b) costs for the repairs, improvements or alterations requ red to be made by the BOYS AND GIRLS CLUB in paragraph 12 of this Lea e up to and including the first $500.00 for each occurrence. T e CITY must be notified and approve of any bid over $500.00 prior to i s expenditure. The CITY shall then pay balances over $500. 00. 6. Riqht of Entry. At al times during the term of this lease, the CITY shall have the right, y itself, its agents and employees to enter into and upon the leased premises during reasonable business hours for the purpose of exami ing and inspecting facility and program activities. 7. Insurance. BOYS AND IRLS CLUB at its sole expense, shall maintain the following insura ce coverage: (a) Workers' Compe sation Insurance with coverage " not less than tatutory limits and Employers Liability Insurance. (b) Comprehensive General Liability Insurance including blanket contr ctual liability coverage and personal liability cov rage naming the CITY as co-insured with a combined si gle limit of not less than $1,000,000 per occurrence. Such insuran e shall (1) name the City of Saint Paul, its. elected nd appointed officers, employees and agents as additiona insured; (2) be primary with respect to LESSOR'S insurance or self-insurance program; (3) contain a standard cross liability endorsement, (4) not exc ude explosion, collapse and underground -4- � S9-/7�.3� property damage, d (5) be written on an "Occurrence" Form policy basis. (c) Property Insuranc including fire, extended coverage and all-risk insuranc covering the demised premises and all property located herein belonging to CITY will be provided by CITY. 8. Indemnification. BOYS D GIRLS CLUB will indemnify and hold the CITY harmless from any and 1 claims of whatever kind that may arise from the BOYS AND GIRLS C B use of the CENTER. The CITY will indemnify and hold the BOYS AND GIRLS CLUB harmless from any and all claims of whatever kind that ma arise from the CITY use of the CENTER. 9. Cancellation or Termin tion. This lease shall be subject to cancellation and termination by either party at any time during the term hereof by giving the other party notice in writing at least one � hundred twenty (120) days in a ance of the date when such termination shall become effective. 10. Notice. All notices - erein provided to be given, or which may be given by either party to th other, shall be deemed to have been fully given when served person lly on CITY or BOYS AND GIRLS CLUB, or when made in writing and depos ted in the United States Mail, certified and postage prepaid, and addre sed to the BOYS AND GIRLS CLUB at the address stated on Page 1 and the CITY, at the Division of Parks and Recreation, 300 City Hall Ann x, Saint Paul, Minnesota 55102 . The address to which the notice s all be mailed may be changed by written notice given by either party o the other. Nothing herein shall preclude the giving of such a dress change notice by personal service. -5- . . �= �9- i ��� 11. Assiqnment and Subletti . BOYS AND GIRLS CLUB shall not assign nor sublet CENTER without the written consent of the CITY, which must be obtained prior to the ex cution of any agreement to sublease CENTER. BOYS AND GIRLS CLUB may charge a reasonable fee, not to exceed cost to others. 12 . Maintenance and Re airs ` (a) General Maintenan e. BOYS AND GIRLS CLUB shall, at its own cost d expense, be responsible for all repairs, mainten ce and upkeep of CENTER including but not limited to.' e ergency repairs of any kind; routine maintenance and epair to keep CENTER in good repair, safe and in comp iance with applicable fire, health, building and oth r life safety codes; and all repairs and maintenance eeded to keep the buildings or structures at CE TER in good condition, including the � exterior and in rior of the building or structures; the roof or roofs; he heating and ventilating systems therein; and a 1 electrical, plumbing, lighting, alarm, and mech nical systems including windows. The CITY shall repl ce electrical, plumbing, heating system, roofs, walkways and driveways whenever the same become inoperative or orn out beyond economical repair due to ordinary wear d tear or inoperable for any other cause beyond the rea onable control of BOYS AND GIRLS CLUB. The CITY warra ts that the CENTER is in good condition and repair and that the CENTER is in compliance with all applicable cod s. -6- . � � �9- /73� (b) Grass Cuttinq and Snow Removal. The CITY shall be responsible for a 1 grass �cutting on the SITE. This shall not include weed control nor fertilization. This will be done on a scheduled basis as provided to part-time center . CITY shall also be responsible for all perimeter sn w and ice removal or sanding including driveway �nd bla ktop strip immediately circling building. Snow emoval shall take place after each accumulation of ore than two (2) inches of snow. (c) Alterations. BO S AND GIRLS CLUB shall have the right to make such in rior and exterior changes, additions or � alterations tha BOYS AND GIRLS CLUB may from time to time desire to ake, provided that prior written approval of the Superintendent of the Division of Parks and Recreation or CITY is obtained. . 13 . Revs• CITY shall con inue to issue ten (10) keys to CENTER to BOYS AND GIRLS CLUB for their distribution to staff. 14. Citywide Proqrams. ITY will provide BOYS AND GIRLS CLUB opportunities for participati n in citywide programs. 15. Reports. BOYS AND G RLS CLUB will be expected to use the following CITY forms and repo ts, and submit them to the Recreation Office according to the same chedule as other centers for activities related to the SITE: Attend ce, Accident, Incident, Vandalism, School Use of Recreation Fac' lities, and Field Use Permit. -7- � . c.� 89- �73� 16. Surrender of Premises. The BOYS AND GIRLS CLUB at the expiration of said term, or any s oner termination of this lease, shall quit peacefully and surrender po session of said property and its appurtenances to CITY in as good order and condition as the property was delivered to the BOYS AND GI LS CLUB, normal wear and tear expected 17. Compliance with Laws. he property described herein may be used for only the purpose sta ed herein. It is the sole and exclusive responsibility of the OYS AND GIRLS CLUB in the use of the property to comply with any and 11 laws, regulations or ordinances imposed by any jurisdiction aff cting the use to which the property is proposed to be put. , All parties shall abide by all such rules and regulations mutually agreed upon and established by ither party or by governmental regulations current and future o insure safe, sanitary, fire and health protection to all perso . - 18. Nondiscrimination. T e BOYS AND GIRLS CLUB, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does her by covenant and agree, as a covenant running with the land, that: (a) no person, on t e ground of race, sex, color, creed, religion, age, disability, mar'tal status, status with respect to public assistance, or nationa origin or ancestry shall unlawfully be excluded from participatio in, be denied the benefits of, or be otherwise subjected to discri ination in the use of said facilities. (b) in connection wit the construction of any improvements on said lands and the furnish ng of services thereon, no discrimination shall be pract'ced in the selection of employees and contractors, by contractors ' the selection and retention of first- -8- . � S� i�3� tier sub-contractors, and by fir -tier subcontractors in the selection and retention of secon -tier subcontractors. (c) such discriminati n shall not be practiced against the public in their access in and us of the facilities and services provided for as public accommoda ions (such as eating, sleeping, rest, and recreation) constructed or o erated on the Leased Premises. 19. Contract Administrators The Contract Administrator for the CITY is Vince Gillespie or such ther person designated in writing by the CITY. The Contract Adminis rator for the BOYS AND GIRLS CLUB is Fred Urbanski or such other per on designated in writing by the BOYS AND GIRLS CLUB. 20. Operations. The CITY ill provide BOYS AND GIRLS CLUB with a copy of the Parks and Recreatio Division Operating Procedures Manual and explain and train employees of BOYS AND GIRLS CLUB on use of forms and procedures to successfully perated CENTER. 21. Evaluation and Communic tion. The CITY and the BOYS AND GIRLS CLUB shall communicate at leas quarterly or more often as needed. The BOYS AND GIRLS CLUB shall ubmit a written quarterly summary of activities to the CITY for rev'ew. Together they will evaluate the effectiveness of services prov ded by BOYS AND GIRLS CLUB to the West Side Community. -9- � � Cfi g 9- /73 � IN WITNESS WHEREOF, the part es have set their hands the date first above written. APPROVED AS TO FORM: CITY OF SAINT PAUL c _ C � Assistant City At orne Director, Department of Finance and Management Services � • BOYS AND GIRLS CLUB � tor, Department of ommunity Services Executive Director Contract Administrator Board President a:belcontract (#13) -10- k �1 URY ST. �iY S�' /73� � � r� c� /`- 3LDG � m � � � m � --1 � � Y -1 N Nf � Z �` � . � r I � j � � � � � � � �� ~ � � _ / U � � � � � � r� ��� �� � � � --- ° 'r � � � � � � � ` `� � � � � � R � � � --- i• � � - � � , � ' � { � t : , � 4rJiia�ts�i�wra:11W �' �.C.Iii7�� LOCATION : 291 Belvidere R Woodbury