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88-1559 WHITE - C�TV CLERK PINK - FINANCE G I TY OF SA I NT PALT L Council ��] CANqRV - pEPARTMENT ��/�(/J��y/ BLUE - MAYOR File NO• �� - • Council Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the proper City officials are hereby author- ized and directed to execute an agreement with the District 14 Community Council for the leasing of a portion of the Groveland Recreation Center for the purpose of District 14 providing day time child care and babysitting services for infants , a copy of said lease agreement to be kept on file and of record in the Department of Finance and Management Services . COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond ��g In Favor Goswitz Rettman b� g � Scheibel A gai n s t Y Sonnen Wilson SEP 2 01988 Form Appro by City Att rn Adopted by Council: Date � Certified Yas e b ouncil Secr y BY— � By t�pproved 'NI Date _ �+�r 2 } Approve y May Submi ion to Counci . B pU�ISHED �'_� i - i 1988 _ Co�mr�nity Services pERARTMENT � 09�� Jean �aua�gartner CONTACT Tp24 PHONE , �; 9/9/88 DATE � �� ' �� Q �SSIGN NUhBER. FOdt ROUTING ORDER (Clip Al1 Locations for Sianature) : Department Director � Director of Management/Mayor Z Finance and Manageroent Services Director � City Glerk � Bwdget nirector �; parks 8. �r_r�ti��aacH� �City Attorney - . WHAT WILL BE ACHIEVED. BY TAKING ACTION ON THE ATTACHEO MATERIALS? (Purpose/ Rationale) : ApproYal of Agreea�ent to lease : portions of Groveiand Recreation �entea� - seasonal building to Districi: 14 Come�unity Couctl to cond�xct Kitls Park. RECEIVED :r- : �� 1 �; 198� � : COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS ANTICIPATED: p�FiCE OF THE DIRECTOR qRTMENT OF FIIyANCE Thi s i s a pi 1 ot project of t�e Ci-�,y contracti ng Ni � ;��NQce�rRllt��Sto ce provide short term, flexible, day time child car�� ys�i'�tin_g :�fur "infant5, toddlers and pre schoolers. Ti�e City is facilitating initiati-o� af th� � program by provi di ng space anoi i ndemni f i cati on .duri ng a tw�r year st�i^�`�-u�p period as it s�eks �o become sel� sufficient and dttain 501 (c� (3) st�it�us: FINANCING SOURCE AND BUDGET ACTIVITY NU(�ER qiARGEp OR CREDITED: (Mayor's �signa- tu�e no�,re� _ Total Amount of "Iransaction: $22�.50/month quired i:f under � - � $�o,00a� - - Funding Source: 23102 RE��.,�� Activity Number: • SE� ( �; �9 . 88 I�TTACHMENTS (List and� Number All Atta�hments) : . �,,q�, , . . . OR s ��.�� 1 Agreement - 3 copies � �or signature . �'� ,.t� � . . P.. . . . ' Fy , . . ., � . .. . . _ . -� ' .. . . - .- � .� :'. :. . . . .�.. � .', .;...� .-... . '.�: . . . • . . . . . . ..' • . . . .3�\ .. DEPARTMENT. REVIEW °� : . GITY ATTORN�Y REVI�4{ ` � �� Yes �No Council R�esolution Required? ' Resolution Requ�red? �"Yes �No Yes �No Insurance Required? Insui�ancE St�fficie`nt? . Yes No � z: Yes No Insurance Attach�dz • � (SEE •REVERSE SIDE FOR INSTRUCTIONS) � .- Revised 12/84 . . , _ � ,+� _ . . ��,l�✓ i . /� � �� l. AGREEMENT THIS AGREEMENT made and effective this day of by and between the City of Saint Paul, Minnesota, a municipal corporation organized and existing under the laws of the State of Minnesota, hereinafter referred to as "CITY", and KidsPark under the auspices of the District 14 Community Council, a Minnesota non-profit corporation, 320 S. Griggs St. , St. Paul, MN 55105; hereinafter referred to as "COUNCIL". WITNESSETH: WHEREAS, CITY is the owner of certain property known as the Groveland Recreation Center - seasonal building which is located within the corporate limits of the City of Saint Paul, at 1961 St. Clair Avenue; hereinafter referred to as "CENTER" . WHEREAS, CITY desires to provide from and through the CENTER short term, flexible day time child care (babysitting) known as KidsPark for the area south of University Avenue and west of downtown. WHEREAS, CITY has historically sponsored and promoted human services activities of the sort and nature which have helped and benefited the social, recreational, health, educational, and the general well-being of the residents of the Saint Paul community and WHEREAS, CITY and COUNCIL have determined that the residents of Saint Paul would experience an effective delivery of human services if COUNCIL leased CENTER, and managed KidsPark on a transition basis until it becomes an independent non-profit organization. -1- NOW, THEREFORE, in consideration of the mutual and reciprocal agreements and promises hereinafter set forth and for other good and valuable consideration, the parties hereto agree and have agreed as follows: 1. Leased Premises. CITY agrees to lease and COUNCIL does hereby lease space in the CENTER, space being more particularly described as warming room, office, office storage and restrooms. (This does not include garage storage room. ) See Exhibit A. CITY agrees to permit and hereby authorizes COUNCIL to provide human services programs and activities therein, subject to the restriction stated herein. 2. Term of Lease. The term of this agreement shall be one year and commence as soon as KidsPark is properly licensed. The COUNCIL and CITY may renew this lease for a second year upon subsequent written agreement. 3. IIse of Premises. The premises shall be used and occupied by the COUNCIL for the following purpose and for no other purpose without the prior written consent of CITY: To provide drop-off, licensed baby- sitting service for babies, toddlers and pre-schoolers. The hours shall be 9 A.M. to 3 P.M. , Monday-Friday, during the school year. Above spaces must be accessible for recreation programs before and after contract hours. The program shall be conducted under the direction of an advisory committee. COUNCIL will see to it that the program meets all applicable licensing requirements. Equipment and supplies may be stored in the CENTER, in the office storage room, during the summer months when KidsPark is not in operation. -2- 4. Basic Rent. In consideration of the monthly rent of $229.50 to be paid by COUNCIL, for months September through June, the CITY hereby leases those portions of its facility set forth on Exhibit A. The first payment to be made when the program opens and subsequent payments to be made on the first day of each month through June 1, 1989. The CITY will pay costs of utilities including but not limited to water, heat and electricity. COUNCIL shall make all payments of Basic rent and Cost Reimbursement to CITY at the following address: Supervisor of Recreation, 300 City Ha�l Annex, 25 W. 4th St. , St. Paul, Minnesota 55102. 5. Cost Reimbursement. The COUNCIL shall reimburse CITY for all amounts, other than Basic Rent provided for in paragraph 4 above, which COUNCIL is or may become obligated to pay under this paragraph or other provisions of this Lease. Cost Reimbursement includes, but is not limited to, the following fees, costs and expenses: (a) telephone, and (b) costs for the repairs, improvements or alterations required to be made by the COUNCIL in paragraph 17 of this Lease. 6. Personnel. COUNCIL shall bear all costs and responsibility for operation of its programs and personnel administering its programs. The COUNCIL shall notify CITY in writing of all personnel who will be stationed at the CENTER. -3- 7. The Advisorv Committee. An Advisory Committee of parents and professionals will be formed to make recommendations on program management. The role of the Advisory Committees will be spelled out in the Procedures Manual required in paragraph 13. The CITY will appoint and the COUNCIL will confirm a voting representative, to serve on the KidsPark Advisory Committee. 8. Manaqement and Technical Assistance. At all times during the term of this lease, the CITY shall have the right, by itself, its agents and employees to enter into and upon the leased premises during reasonable business hours for the purpose of examining and inspecting facility and program activities. During these visits, oral recommendations may be given to staff in charge. These recommendations will be followed by a written report, within 48 hours, to the Contract Administrator. 9. Indemnification. The CITY acknowledges that under this Agreement the COUNCIL will be providing services to the community which might otherwise be provided by the CITY. Accordingly, the CITY agrees to indemnify, defend and hold harmless the COUNCIL, its directors, officers, agents and employees from any and all liabilities, claims, actions and judgements arising out of or in connection with the COUNCIL'S use of the CENTER during the term of this Agreement, including the child care activities offered by the COUNCIL, and in connection with claims against the COUNCIL, its directors, officers, agents, and employees, relating to use of the CENTER by KidsPark. (District 14 or its members may not hire other counsel without permission of the CITY, which permission will not be unreasonably withheld) -4- This indemnification shall not apply to any claims for taxes owing to the State or Federal Government. Indemnification will be provided by CITY at a level up to the statutory limits of $200,000 per individual claim and $600, 000 in the aggregate. In addition, cost of defense will be borne by the City. Any liability over and above said limits will be assumed by COUNCIL. The COUNCIL agrees to give the CITY prompt notice of any claim and to cooperate with the CITY in the investigation and defense of such claim. Nothing in this Agreement shall require the the CITY to indemnify any person for his, her or its willfull misconduct, nor shall anything in this Agreement require the CITY to indemnify any person other than the COUNCIL, its directors, officers, agents and employees. The obligations of the CITY under this paragraph shall survive the termination of this Agreement, but only with respect to claims, liabilities, actions and judgements relating to actions or omissions of the COUNCIL, its directors, officers, agents and employees during the term of this Agreement. 10. Cancellation or Termination. 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 thirty (30) days in advance of the date when such termination shall become effective. 11. Notice. All notices herein provided to be given, or which may be given by either party to the other, shall be deemed to have been fully given when served personally on CITY or COUNCIL, or when made in writing and deposited in the United States Mail, certified and postage prepaid, and addressed to the COUNCIL at the address stated on Page 1 and to the CITY, at the Division of Parks and Recreation, 300 City -5- Hall Annex, Saint Paul, Minnesota 55102. The address to which the notice shall be mailed may be changed by written notice given by either party to the other. Nothing herein shall preclude the giving of such address change notice by personal service. 12. Assiqnment and Sublettinc. COUNCIL shall not assign or sublet CENTER. 13. Reports. COUNCIL will be expected to develop the Procedures Manual that is approved by CITY prior to start-up of program. Procedures Manual will include but not be limited to the following: Emergency procedures, detailed program ingress and egress, release procedures, complete financial report of all income and expenditures and report forms for agendas and minutes of advisory committee meetings. 14. ParticiQant �aivers. CITY will require COUNCIL to receive from each participant in their structured events a form signed by the participant's guardian that holds harmless the COUNCIL and the CITY from all claims resulting from accidents. See Exhibit B for Parks and Recreation form to be adapted by COUNCIL for KidsPark. 15. Publicity. COUNCIL will provide to CITY copies of all flyers and programs sent to the community at time of distribution. 16. Surrender of Premises. The COUNCIL, at the expiration of said term, or any sooner termination of this lease, shall quit peacefully and surrender possession of said property and its appurtenances to CITY in as good order and condition as the property was delivered to the COUNCIL, normal wear and tear expected. 17. Compliance with Laws. The property described herein may be used for only the purpose stated herein. It is the sole and exclusive -6- responsibility of the COUNCIL in the use of the property to comply with any and all laws, rules, regulations, ordinances and obtaining of licenses imposed by any jurisdiction affecting 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 either party or by governmental regulations current and future to insure safe, sanitary, fire and health protection to all persons. The COUNCIL shall, at its expense, make any changes to the CENTER necessary to cause the CENTER to be in compliance with such laws, rules, regulations and ordinances. 18. Maintenance. CITY shall be responsible for routine repairs, maintenance and upkeep of center and emergency repairs to keep the CENTER safe and in good repair. CITY WILL be responsible for upkeep, mowing and clearing of snow in outside areas adjacent to the CENTER. COUNCIL shall be responsible, at its own cost and expense, for such repairs and maintenance if the cause of the damage or condition necessitating the repair or maintenance is due solely to the negligent failure of COUNCIL to supervise participants in the COUNCIL-sponsored activities during such activities. The aforementioned maintenance will be provided at the same level as provided at neighborhood centers with wear and tear excepted. COUNCIL shall be responsible for all housekeeping for the interior of the CENTER and exterior maintenance if they desire more frequent service. -7- � _ 19. Workers� Compensation. For all purposes of this Agreement the COUNCIL shall be deemed to be an independent contractor, and not an employee of the CITY. Any and all claims that may arise under the Workers' Compensation Act of Minnesota shall in no way be the obligation or responsibility of the CITY. 20. Contract Administrators. The Contract Administrator for the CITY is Jean Baumgartner or such other person designated in writing by the CITY. The Contract Administrator for the COUNCIL is Kathie Tarnowski or such person designated in writing by the COUNCIL. 21. Operations. The CITY will provide COUNCIL with a copy of the Parks and Recreation Division Administrative Guide for operating recreation centers and explain and train employees of COUNCIL on use of forms and procedures to successfully utilize CENTER, including forms for attendance, accident, incident, and vandalism. IN WITNESS WHEREOF, the parties have set their hands the date first above written. APPROVED AS TO FORM: CITY OF SAINT PAUL c � � ��J��.�'�`.'�...�`�,' ��' Assistant City Attorne Mayor � DISTRICT 14 COMMUNITY COUNCIL Directo , Departm�n o Fi nd �� 1 Management Servi ces `+-��+�� G , Direct r, Department of Community i s , ��--- Services �/ by � ;' : � i Contrac dministrator Con ract Admini trator -8- ��C�iBIT A � GROVELAND — 1961 St. Ciair A��. ��. - . .. : , � ,�.. _ �_,�, . � w___,. , ,- � �e�}�..'�;'�-._...�. ,. ....-:.,. , .. - �r ... .�-� ,ti_y �� E� ; � ��, ` �, ;T *. . O r� r r �' �;,.�j �� ' O ,,i"� : �;, :: �,, � , . � � �'� � �r Storage, `�`� � `� , m f` � �,,,i�+'{, '� >'.�`` `� '.� O � � �'' �.' I�'� ��r j� � -� " '�'' { War ing Room �f ' cn ; ��' � . ,� � �" ,,� �� f �� ; �r ; m �.� {'� •�;. �+, �' ,/,,� � � � �.� ;• y ,� ,� �' .E / ' �'` � ;� �"� ` ' � - �- ;- c� '.��°o,f� � � ,.,�' �r�' �'` � r Office �' �' � /. . ,� �{� �� ,��, �" � ;�`� ��-� �J ,, : �� m /` � �' �` �'� ,� Q , ,/ ,f . ,.:P / � .- - �f��f,� "�w�� . .. . �.C.� YY':,.. .�� ., .. � '.:...:.' ' .::.. . ..' .��. r i..;' ..�... .. .."....,�-.i....,., n...:... .: .........�.....s,.�.�..:�� . _.:.y...:! .�. r..::.. ar ._..-. : .!r..J:.4v ... . . ..... .. . ... 1 ....�.... , � , .. ��XI�IBIT B � � CITY OF SAINT PkUL • DIVISION OF PARKS AND RECREATION � Permission Card With Waiver - Name_ � Birthdate Address Zip Home Phone In Case cf , Emergpncy Call Phone No. � ___.__ _ Recreation Center School Grade My child has permission to participate in the program at the above noted � Recreation Center. He/she has permission to travel to activiti�s a+�ay from the Recreation Center. I agree to hold the City harmless from any and all ci�ims that arise out of this activity. Print Parents Name �� Signature of Parent or Guardian Please use reverse side to note any specific health or disability problems :_y _ _.. ,,.,. .__.., ...u.. _. . .. �.._ _..__� :�... .. :... . ... : .._.._... _,.. ._ _..,. __.> .��.. ,,., . ,_u, .. _. r_o ... . , lst �o�� L • --,2na_ • � �Q - � �d 3rd /O '�D' �� Adopted /Q -/„�-�d� Yeas Nays DIMOND j ..,,, ��-/S� � �::�� 104� LONG RETTMAN 50NNEN WILSON MR. PRESIDENT, SCHEIBEL WHITE - CITV CLERK V PINK - FINANCE G I TY OF SA I NT PA U L Council 6G CANARY - OEPARTMENT File NO. ` v �� BLUE - MAVOR � Or�Z /`C Ordinance P10. �� Pr� ented By � � Referred To Committee: Date Out of Committee By Date An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of Saint Paul and the zoning maps thereof. WHEREAS, Pursuant to Minnesota Statutes, § 462.357 and § 64.400 of the Legislative Code, James Laughlin duly petitioned to rezone 561 Whitall Street located on the north side between Jessie and Edgerton from RM-2 to I-1 for the purpose of operating a contractor's office; the petition having been certified by the Planning Division on November 23, 1987 as having been consented to by at least two-thirds of the owners of the area of the property to be rezoned, and further having been consented to by at least 67� of the owners of the property situated within 100 feet of the total contiguous property within one year preceding the date of the petition; and WHEREAS, The Zoning Committee on January 7, 1988 conducted a public hearing for the purpose of considering the rezoning petition, and pursuant to Section 107.03 of the Administrative Code, submitted its recommendation to the Planning Commission that the petition be denied; and WHEREAS, The Planning Commission considered the rezoning petition at its meeting held on January 15, 1988 and recommended that the City Council deny the petition; and WHEREAS, Notices of a public hearing before the City Council on the said petition were duly mailed to each owner of affected property and property situated wholly or partly within 350 feet of the property sought to be rezoned; and COUNC[LMEN Requested by Department of: Yeas Nays Drew Nicosia ln Favor — Rettman sone�bei Against BY Sonnen Tedesco Wilson Adopted by Councik: Date Form Approved by City Attorney Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved by Mayor for Submission to Council By By