89-1738 W1iITE - CITV GLERK
PINK - FINANCE COUIICIl � / �� Q
CANARV - DEPARTMENT GITY OF SAINT PAUL ��
BIUE - MAVOR File NO. ��
,C unci Resolution ����-��,
Presented By
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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 �
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�P 8 '�(� Form ove y Cit �Ctorn
Adopted by Council: Date �� � .-
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Certified Pas Council reta BY
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!�pprov Mavor. Date _ ---� �� � Appro d Mayor for Su ssi uncil
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PUBttSli�D 0 C T 7 1989
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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:
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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.
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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
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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
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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.
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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.
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(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
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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.
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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-
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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.
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IN WITNESS WHEREOF, the part es have set their hands the date
first above written.
APPROVED AS TO FORM: CITY OF SAINT PAUL
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Assistant City At orne Director, Department of Finance and
Management Services
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BOYS AND GIRLS CLUB
� tor, Department of ommunity
Services
Executive Director
Contract Administrator
Board President
a:belcontract (#13) -10-
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LOCATION : 291 Belvidere R Woodbury