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99-770Council File � qq. �1� 4 �� V�� RESOLUTION Green sheet # G3 $ 3 S" 1 Wf�REAS, the State ofNTinnesota has continued its Youth Initiative Grant Program pursuant to 2 1998 Laws of Mmnesota, Chapter 404, Section 5, Subd. 5, to make available funding to design, 3 furnish, equip, repair, replace, or construct pazks and recreation buildings and school buildings to 4 provide youth in grades fourth through eighth with enrichment activities during non-school hours 5 and that will provide equal access and programming for girls, and 6 WHEREAS, The Saint Paul City Council by its resolution 99-632 has approved a 7 Youth Initiative Grant financed project for the Martin Luther King Community Center, 8 and 9 WfIEREAS, The Martin Luther King Community Center is jointly managed by the 10 City of Saint Paul and Hallie Q. Brown Community Center Inc., a non-profit corporation 11 of the State of Minnesota, through a lease agreement, and 12 WHEREAS, the City and Hallie Q. Brown must comply with certain State 13 requirements regarding management of the Communiry Center to be eligible for State 14 grant funds, and 15 WHEREAS, the existing lease agreement must therefore be amended to meet 16 State requirements, 17 NOW, TI�REFORE, BE TT RESOLVED, that the Mayor and the proper City 18 officials are hereby authorized to amend the Ciry lease agreement with Hallie Q. Brown to 19 meet the requirements of the State, and 2 0 FiJRTHER RE50LVED, that the City of Saint Paul agrees to comply with the 21 requirements of Mimiesota Statute 16A. 695 regazding State Bond financed property and 2 2 agrees to place a deed restriction on the Martin Luther King Community Center property 23 such that said property cannot be sold or otherwise disposed ofwithout the written 2 4 approval of the Minnesota Commissioner of Finance, and CITY OF SAINT PAUL, MINNESOTA �y 25 26 27 �4-�� F[JRT�R RESOLVED, that the City of Saint Paul agrees to operate the Martin Luther King Community Center property funded by tlris grant throughout its ownership of the Community Center or until there is no longer a public need for said program. 0��1vAL Yeas Nays Absent Benanav � Blakey _ ,/ Bostrom � Coleman l/ Harris_ ,i Lantry _ ✓ Reiter � �'I C� Adopted by Council: Date a� Adoption Certified by Council Secretary By 'jfz�' ; By: by: Divis' n of Parks i�� p:/ �1/� Form Approved by C�ty Attorney °�''"""°'T'°�`�°�"` °",�"�"� GREEN SHEET � 51 NO. � 8 5?O /i ?arks and Recreation 7-13-59 COIITACf PBtSON AND RiONE WRINfDATE YU77ALIDATE Vince Gillespie 266-6408 A � 1 o�,�mu�e�rowccrox � crtrcouNa� NIYB9t ��G7YATfdMiEY CrtYCL6Yc MUSf BE ON CAUNdL ACiB1DA BY DATq p ��' �qNµpK �C� � OR091 � 4 nuroa toq �srwrrt7 � Parks & Recreation TOTALtOF51GNATIkiEPA6FS � (CIpA111ACA7qMiFOItiGMA7Uip ACf10N REQUFSf�: Authorize proper City officials to amend the City lease apreement with Haliie Q Brown to meet State requirements and to place a deed restriction on the Martin Luther Kinp Community Center property. xecornMwo�norrs �cc.a.wawy.aau r�uoraaaa��rs�xrr�xs�wa�nErouownxeou�wxs: R/JININGCOMM1390N �dVIl56�NCECOMM1390N t. tlrMUpww�N�mwRwa�btl�M�[�eantrstta[LLirdq�4�wMi �_pB COMMITfEE � VES NO A sinFF 3. xr ui� w� «r bwi a 6ry �nqey�e7 DI9TRICT COUNdL �S NO �� — 3. Des ih"s 0�� V�M� . tltill net nxmdb Oa�d bY „Y cvrMK eilY wno�oYMT swvonrswn�cxcouxcwos.ifcnvn vfs «o ' � eW�nrrw..woonw.w.�..e.m.monmw.nrwc N/fTU1TIN6 PFOBLFM. ISSUE. OPPoRTUNI7Y NAw, W Wt, VMw, NRw�. NTyI: The City has received funds from the State to renovate and expand the Martin Luther King Community Center. The lease agreement must be changed to meet State requirements. ADVANTAGES IFMPftOVED: The renovation/addition project can proceed. OISADVANTAGES ff APP110VED: None y; . '. ,` �' � � v � � �--- ., u.� �;:n E'_' s.�i�� _" r'L.. �'. e � } ' , .I r .i i��.� � ~ �. .= �..J . ��..ta `+n 1;5 F m' ? OI6ADVANTAfiES IF NOT APY110VED: �,., �; `_ - - - - The project canrat proceed. TOTALAMOUNTOiTRAN5ACT10N S NA eosnx�va+ue�woEr��ene�ox4 rFS rw wxoare soux� acnvirr xu� Cour�G�? Rsse�ech �snt9r axuiauiNwxnunow: texxNw u�30�99 ,]�:U: q9 -'1?0 AMENDMENT TO LEASE AGREEMENT BETW£EN CITY OF 5AINT PAUL AND gpT,T" Q. sxawrr com�ux�� cEx�rER THIS AGRE£MEi3T entered into this day of , 1999, between the Ci?Y OF SAINT PAUL, a municipai corporation of the State oflvfinnesota (hereinafter the "I,esso�') and the HALLIE Ct. BROWN COMMUI�iITY CENTER, INC., a Non-Profit Corpocation organized and easisring under the Laws of the State of Mumesota (hereinatter the "Lessee")_ WITNESSETH: WHEREAS, Lessor and Lessee have previously entered into a Lease Agreement dated Idovemher 29, 1972 for portions of the premises known as Martin Luther King, 7r. Neighborhood Service Center located at Marshal] and Kent Streets, Saint Paul, Mnnesota; and A'�IEREAS, Lessee has received funding through a Youth Initiative Grant from the State of Mumesota pursuant to Laws of Minnesota 1996, Chapter 463, 5ection 4, for an addition to and remodeling of the existing facility to espand enrichment activities for children between the ages of 9-13; and Wf�REAS, acceptance of the grant funds for the improvement of the premises will cause tfie properry to become subject to Mnn. Stat. §i6A695, requiring certain provisions in any Use Agreement involving state bond financed property; NOW, TIiEREFORE, parties agree as follows: 1. '�hat the provision segarding the tecm of the Lease Agreement shall be amended to read as follows: "TO HAVE AND TO HOLD with ail appurtenances thereto for and during the full term of forty (40) years commencing on the first (1`� day of September, 1972. The Lessee shall have four (4) successive aptions to renew this Lease, each for an additional renewal time of ten (10) years, upon ihe provisions, covenants and conditions of this Lease and of the then applicable Operating A�reement between the parties goveming use of said neighborhood facility. The Lessee's option to renew shall be exercised by notice in writing at least six (6) months prior to the termination of the initial term or of the renewal term then in efFect. In no event shall the Lessee be entitled to renew the term of the Lease, even though such notice is timelv Qiven, unless the Less shall have perfonned all of its obiitations hereunder and is not in default in the terms of the Astreement. and the Lessor has determined bv offccial action that ihe use continues to cam out the govemmentat proaram authorized in the original Leate Agreement or in a valid written amendment to that Aoreement. " 2. That the following paragraph shaIl be added to Section 1("Use ofDemised premises") of the Agreement: " Lessor believes that thepumoses for which Lessee mav use the Premises_ as set forth in this paragraph serve the �overnmental proQram set forth in Laws of .. �, . � _. a1-'i�n 3. � Mnncsota 1996. Chaoter 463. b4_ and will vrovide youth between the a�es of 9 an 13 with enrichment activities in after-school and weekend/su er ro ams. �his Agreement is suthorized nursuant to that statute and bv the official actions of the Ciry Council far the Citv of Saint Paul bv Council Resolution File No_ 47-1596 and appraved bv the Mavor on Januarv 17_ 1998 and bv Mnn Stat. b471 191 " That Section 4 of the Agreement ("Reports, Records and Other pocuments") shall be amended by adding the following langvage: "Upon direction of the Lessor or the Commissioner of �'inance for the State of Ivfinnesota� Lessee shall take such action and furnish such documents ac Lessor or the Finance Commissioner deternune to be necessarv to insure that the interest naid on the G_O. Bonds is exempt from federal taxation.n That Section 10 of the Agreement ("Remedies Upon Default") shall be amended by adding the following language: "It is an express covenant and aereement of,�ar�ies hereto that Lessor mav at its election terminate this Aereement in the event Lessee is in default of anv ofthe requirements thereunder by giving not less than thirtv l301 davs written notice to Lessee. further if Lessee terminates os chanees the puroose for which it uses the premises to other than that aereed to bv the Parties. which results in the prooertv no lonees beinu used for a�ovemmental �rogram the Lessos mav cancei the agreement by eivins not less than thirty (301 dav written notice to Lessee IN WI�'N&SS WE3BREOF, the parties hereto have executed this Agreement the date first written above. SALL� Q. BROWi�i COMMUNITY CENTER, INC. �� , � Presiden Stepnen A. Wilson I�_ Executive Director Richa M. Mangram Approved as to torm: CITY OF SAINT �AZ3L Mayor Superintendent Assistant City Attorney Director of Financial Services City Cierk . . . � �,�q.'�'�o LEASE i�GFEE!'IENT BETidEEN CITY OF SAZNT Pl:tiL A;�� HALLIE Q. BROtdN CO.�PJNITY CE�TEP. THIS I?�'DE?�TURE, rLade this �% f �day of ��e7r�� , �+.D., Une Thousand t:ine Hundre3 a�Seventy-Tsvo, etzJeen the �ITY OF SAI?�T PAUi, a Municipal Corporation and political sub3ivision of the State of ISinnesota (hereinafter called the "Lessor"} and the HALLIE Q. BRO:v?v CO��:JNITY CEytTER, INCOBPORATED, a Non-Profit Gorporation oroanized and existino under the Laws of the State of P;innesota (hereinafter called the "Lessee"); G,7ITNESSETH : That the Lessor, for a�d in consideration of the co�renants and agreenants hereinafter set forth does hereby de�_se an3 lease to the Lessee, portions of the premises knok� as Martin Luther Kin�, Jr. I�eighb�rhood Service Center located at Mars'na11 and Kent Streets within the City of Saint Paul, Ramsey County, riinnesota, said premises being more particularly described and with that portion of the sam� designated on plats included as a part hereof as SchedLle A to bz occupied for a neighborho�d facility (herein- after called �'neighborhood facility") and £or no othex purpose �.hatsoever_ Lessor and Lessee shall each pay a proportio_ share of the operating costs of the total facility as snal3 be sp�cifie3 in the Ope Abree�nent to be entered into b�tza�en the parties. TO HAVE A.�'D TO HOLD �vith all appurtenances thereto fo= and darino the full term of forty (40) years co*_ln.encino on th? first (1st) day of Septenber, 1972. The Lessee shall have zour (4) successive options to renew this Lease, each for an adc3itional renewal time of ten (10) years, upo:i the p�ovisio:zs, cov2`ian�s and conditions of this Lease an3 of the t'aen applicable OQ2rating Agreenent between the part?es go°�erning use of said r_eigh�orhood facility. The Lessee`s option to renew shall be exercised b;= notice in writino at least six (6) months prior to the ternina�ion of the initial term or of the renetaal term then in effect. In_consideration of_s�id demise an3 the cover�nts_and..agx�e-= ments hereinafter expressed� in consideratioa of the contribution by Lessee fro�_its separate_funds �o �he construction__of _said� neighboriood facility_of_sahich_the d mis ecI prem ises_co�stit�te a par�, in further consideration of the mutual undertak?� of ttz� pa hereto hereunder_and purs:ian��o t Operatin� Agree- mr-_nt to be executed_by and b2tween the'par£ies, i�_zs�co��enanted � Section 1- Use of Demised Premises. Lessee s'nall contiauously operate t e demise premises, a part of the neighbo-hoo3 facility, or any replacement thereof durinj the term of this Lease in accordance �•rith the require��nts qg -*1'yo of a certain contract entered into by and between the I.essor and the United States of America, Departnent of Housing and Urban Develo�ent (hereinafter called "The Govern.ment"), dated the 7th da}r of August, 1970, Contract �?o. Minn. N-9(G), Project No. riinn. N-9 (hereinafter cslled the "Grant Contract"), and all applicable lacas of the linited States of America, and the rules and regula- tions o£ the Secretary of Housing and Urban Development, and particularly in accordance with all requirer.ients inposed by or pursuant to regulations of the Secretary effectuating Title VI of the Givil Rights Act of 1964 (78 Stat. 241, 252). The Lessee shall not, on the basis o£ race, creed, sex, color or national origin, deny to any person the use, benefits or services provided by the neighborhood facility, or any replacement thereof, nor provide any use, ser�>ices or benefits to a person which are different or are provided in a different man- ner from those provided to others under the same program or activities. It is understood that-the parties hereto shall together occupy, operate and maintain the neigl�borhood facilit}= for._ t�.e_aforesaid�ur�ses-and _sub�ect to the �aY law.s _ _ _ . , __rules..and_�egulations� , and pursuant _to an^�perating Agreement �a_he executed between_the_pa and the parties agree that._they shall not adopt rules, regulations, or practices for the op2ration oi the bonc�od facility or any part _thereof which: are �iscri��c�a- tory in nature, nor s'nall they or either of th�*n enter_ into an}� Lease or other Agreenent respacting the neighbor- hood facility without incorporating into such Lease o= Abreement provisions i.hich will insure that the use an3 occupzncy, and the provision o£ ne r oo services a��u � Rrrbenefits will be available without regard to race, creed, sex, color or national origin. The provisions of this Section sna11 be included in any rene:val or ex.- tension of this Lease as long as the prenises are used as a neighborhood facility. The neighborhood facility sha11 be used_to__carry__.ant a prograit�of or other_co�rnuAlty services with the Grarit Contract. No change in the use of the neig� use other than that permitted under this Lease or the s�id grant agre2ment shall be nade by the Lessee or Lessor �aithout the prior c.�ritten consent of the other party, such consent if given, to be based upon finciings by the Lessor that the pro- posed conversion is in accordance with the current program of health, recreational, social or similar co;LL� nity serv- ices in the area and is consistent with comprehensive planning for the develop�ent of the co�unity. Anything in this Lease or Agreement to the contrary not�aithstanding, both parties shall not enter into any Lease or Agreer.!ent 2. 4 9 -'?.� o J " � _, transferring to aay other organization or entity the ,;. control or supervisioa of its responsibility for services �:�` �"^ and programming within that portion of the neighborhood facility for which responsibility has been assigned �aith- out the prior :oritten consent of the other. Section 2- Maintenance of Premises in Good State of Repair. .t� The Lessee shall keep the demised premises, and appur- V tenances thereto, in a clean, sanitary and healthy condition and in good repair, all according to statutes and ordirvances in such cases made and provided, and the directions of public officers thereto duly authoriLed, and Lessee shall yield the demised premises back to the Lessor upon the termination of this Lease or any extension thereof, whether such termination shall occur by expiration of the time or in any other manner whatsoever, in the same condition of cleanliness, repair and sightliness as at the date of execution hereof, loss by fire, reasonable wear and tear or any other damage caused by any reason beyond the Lessee's control excepted. Lessee agrees to make all necessary repairs and rene�aals of the demised premises, and shall replace broken glass and fi�:tures t with naterials of the same size and quality as that brohen, at its own cost and expense. Lessor shall replace broken glass and fixtures in the rer�ir_der of the facilit� at its oz.-n cost and expense. Any modiiication, alteration or addition to the neigh- borhood facility shall only be cor,ipleted upon approval of the City's City Architect, or o�her p2rson perforning such duties� and the £acility shall be subject to inspection at least once a year by the Cit}�, wtio wi11.�r�scribe_s.inin.um standards% '- — for the maintenance of the facility. Should the Lessee £ail -` to keep the demised prerises in a clean, sightly and healthy .'- '� condition, and after reasonable notice, Lessor may enter the same itself or by its agents or employees without such entry causing or constituting a termination of the Lease or an in- terference with the possession of the premises b� the Lessee, and Lessor may replace the same in the same condition of r.epair, sightliness, healthiness and cleanliness as existed at the date of execution hereof, and Lessee agrees to pay Lessoz'the reasonable expenses of Lessor in thus restoring the premises to that condition. The parties hereto each agree that they sha11 not per- mit, comrnit or suffer �,�•aste or impairment of the neighborhood facility, its site, or any replacement or part thereof. i - j(r� � Section 3- Insurance on Demised Premises (a) Lessee shall procure and maintain during the term of this Lease, fire and e�:tended coverage insurance on 1 i� � C19" z, � � ` � � .1,� �-"`� �' , �i tq �S� Y � A �;� 3. qq '110 the buildino or buildinos comprising the neighborhood facilit}r, in amount sufficient to provide for not less than £u11 recovery tahenever a loss fron perils insured a�ai�st does not exceed Eighty (8C%) p�rcent of the iu11 insurable value of the da*_naged building or btild- ings. Such insurance shall name the Izssor and Lessee as insureds as their interest may appear, and sha11 further include a loss payable clause to the Lessor " as trustee for the Federel government as its interest nay appear, according to the ratio of Federal funds contributed to the develop:nent of the neighborhood facility, in order to provide the funds or a portion thereof for repayment of the Federal grant in the event the Federal government elects to require payment thereof if the facility is destroyed or damaged by fire or other casualty so as to render it unusable. In the event of destruction of the neighborhood facility or such damage as �ai11 render the same unusable, the Lessee shall have a reasonable length of time to rebuild the facility and shall use proceeds of insurar.ce for said purpose. If, after a reasonable length of tir.e the Lessee does not rebuild the facility, then and in that event, the Lease Agreemen� and the obligation of the parties thereunder shall thereupon ter�;i*�ate, an3 the . proceeds of insurance aforesaid sha11 be paid to the ��,� Lessor, Federal Government, and to the Lessee proportion- ,'�, tN`;�t!�,� at� to their financial contribution to its construction. = -- � t ��,, a �� G (b) Lessee sha11 procure and maintain during the term �,: � �`� �- ' of this Lease boiler insurance covering any boiler servic- ��'� ing the facility in an�amount not less than Fifty Thousand �� ;� i.1 � ($50,0�0.0�) Dollars. i ii?� �3 , (c) Lessee shall procure and maintain during the term o£ ��' this Lease fire'and extene7ed coverage insurance on contents, equipment and furnishings within the neighborhood faci2ity� in an anount not less than Fifty Thousand ($50,000.00) Dollars. (d) Lessee sha11 procure and maintain during the te� of this Lease, public liability insurance with limits of not less than One Hundred Thousand ($100,000.00) Dollars for one person and Three Hundred Thousand ($300,000.00) Dollars for more ttian one person involved in one accident to protect the Lessee and the Lessor fron lawsuit for bodily injury and/or death which may arise from operation of the total neighborhood facility, including any or all use of its grounds, structures an3 vehicles, and further ?ncluding the non-owned vehicles operated for the benefit of the neighbor- hood facility. In acidition, Lessee sha11 procure and main- tain during the terr.i of this Lease vehicle property damaoe insurance in amounts of not less than Ten Thousand ($10,G00.00) Dollars. 4. a4-��v (e) All of the insurance policzes required to be naintained by the Lessee hereunder shall be in form and with such companies as are acceptable to the Lessor, and the Lessee shall furnish to the Lessor certificates of insurance or duplicate insurance policies respectino all such insurance. All of such insurance referred to above sha11 nane the Lessor and the Lessee as co-insureds as the?r interest may appear, and proceeds thereof in the event oi insurable loss, shall, subject to the rights of the Federal govern- ment in fire and extended coverage insurance on the building or buildings comprising the neighborhood facility, be paid over to the parties to apply to the repair an3 c ��,laestoration of danaged property, or to payment oi clains arising out of operation of the neighbornood facility. �A�� ` ,�t�Payment of premivms and cost thereof for insurance required ,�l , hereunder shall be made by I,essee with contribution thexeto �� ' ente'xed parties�heretong Agreement to be � `�l . . ! �. � Sectien 4- Reports. Records and Other pocutnents. ;',? " Lessee shall furnish the Lessor with an anaual report " � c.ithin thirty � davs after the close of each calendar year setting =orth a gan2ral accountino of the operatioa of the neighborhood facility, and iaithout linitin� the gen- erality of the foregoi�o, such report sha11 inclu3e: (a) The nar�es and addresses of the officers and directors of its governing body and the principal admin- istrative staff officers operating �aithin the neighborhood facility; (b) A statement of the nature and extent of the activities and progra*a carried out during the preceding year; (c} A certification that it has operated the neigh- borhood facility in accordance �.ith the provisions set forth in Section 1 of this Lease; (d) The status of a11 insurance required to be naintained by the Lessee hereunder; (e) A statement of disbursements and receipts, if any. The Lessee sha11 further submit to the Lessor such other and additional data, reports and copies of records and docu- r�ents relating to its operation of the neighborhood facility 5. R qq-!l�o as Lessor nay reasonably require. Such data, reports, and copies of records and docunents shall, upon submission, become the property of the Lessor. Lessor shall subr�it to Lessee infor�*.tation necessary for the coordination of services to the extent permitted by law. Section 5- Corporate Existence of Lessee. Lessee covenants that it will maintain, extend and, if required, renew its corporate existence under the laws of the State of Minnesota and all franchise, rights and priv- iieges to it granted and upon it conferred, as may be required, and will not do, suffer or permit any act of thing to be done whereby its right to transact its func- tions might or could be ter�inated, or its operations or activities restricted. Section 6- Fees and CY�ar�es. Lessee shall not charge or establish or cause or permit to be charged or established any fees or expenses for serv- ices and benefits fron operations except charges that are related to the ability and in keeping �aith the con- cept of citizen irvolvenent. In any event charges shall be mini�� and related to the cost oi ser�ices and special events. Lessee shall ireely and reasonablp cover�at-with other agencies and_govern.�ental units to use the_£acility or parts the and said agencies and governnen�l units sr�ll pa}� a fair of cost an3 ri�cessary expenses. , �-_ - '" F _ _ - a.._ � �.� 1_ _____.°'-------• - Section 7- Encu_ Taxes and Assessm2nts. Lessee wi11 not voluntarily create, cause or allow to be created ar�y debt, lien, charge or other encw�brance against the neighborhood facility which in any c,ay wi11 im- pair or otherwise adversely af£ect the preservation of said facility for the intended purpose or useful emplo}�r:.ent thereof . The Lessee, subject to its legal rights incident to contest of any such encumbrances, taxes or assessments, shall pay and discharge, or cause to be paid and discharged, s,�hen due, taxes, assessments or other governmental charges la�ofully imposed upon its leasehold in the neighborhood facility or on its operations therefrom, which, if unpaid, may, by 1a�v, become a lien or charge on said facility and thereby impair or otherwise adversely affect the holding of said faci.lity for the purpose herein set forth. The 6. �q'1?b foregoing shall be subject to the right of the Lessee to contest any such taxes, assessments or governnental charges, and incident thereto to withhold pa5�nent of the sama pending the disposition of its challenge to th2 im- pcsition o` such tax, ass2ss:�nt or gover��ental charbe. Special assessments levied for local improvements sha11 be paid by Lessor. Section 8- Fusnishings and E�uipment. � 1' � . �: ti J' The parties covenant, and each shall provide or cause to be provided at the separate expense of each, the furnish- ings and equipment necessary for the effective operation of their respective portions of the neighborhood facility, and each sha11 naintain such equipment in good order and repair, including the replacement•thereof when necessary. Y Section 9- Payment of Utility Charges. The parties shall pay all charges for public utilities, including gas, steam, electric power, water and any sewer or other charge during the term of Chis Lease, pay�en[. to be pursuant to the Operating Agreement to be entereci into between the parties. Section 10 - Re�edies Upon Default If Lessee sha11 vacate or abandon the �emised premises, or permit the same to remain vacant or unoccupied for a period of 120 da}rs, or in the event the Lessee shall commit a breach of its covenants as set forth in Section 1, 2 and 3 of this Lease, upoa failure of Lessee to ratify default within ninety (90} days after notice to Lessee by I,essor of such de£au1t, Lessee's rights to possession of the demised prenises thereupon shall terninate with or without any further notice or deriand whatsoever, and the mere retention of possession thereafter by Lessee sha11 not constitute a_ forceable detainer of said premises, and, if the Lessor so elects, this Lease sha11 thereupon terminate ar.d upon termination of the Lessee's right of possession as afore- said, Lessee agrees to surrender possessioa of the der.tised prer.iises icnmediately without receipt of any notice to quit or demand for possession of the demised premises �ohatsaever, and hereby grants to Lessor full and free license to enter into and upon the premises or any part thereof to take possession thereof and to expel and remove the Lessee, its agents and employees who may be occupying the premises or any part thereof, and such repossession by Lessor shall be as of its former estate, and sha11 not constitute trespass or £orceable entry or detainer nor a�vaiver of covenant, agree- ment of pro�ise in said Lease to be performed by Lessee. 7. qq-'1'ro In WITNESS WHEREOF, The �essor has caused this Lease to be executed for and on its behalf by � its , and has cause its sea to e a ixed thereto an atteste y , its , and t e Lessee s cause t is Lease to�Te - execute or an on its behalf by and , its and � and has cause its corporate seal to e a ixe t ereto, a as of the day and year first above written, but acCually on this day of , 197 . Approved s to Form: � � ,��--��° Assista t! ity'i4tto�ney � tk'itnesses to Execution of Lessor: THE HAT LIE Q. BROk�v CO�I`i��IVITY GE\�ER, I� , � f � , BY' /�% L'�/'� ;. 2� . �-L�� T s /� .�.s��r�,� / � o! �+ ,. �C/ Its �' 8. S CFIEDULE "A" a9 r'�'��o P.11. tliat certain �arcel or p3rcels of land in the City of Saint Paui, Gounty of Ramssy, State of Minn2sota, more par�icnlarly descri�e3 as follo�as: A11 of Lots four (4), five (5) and six_(6) of West Side Annex of Marshall's Subdivision of B1ock tiaenty-seven (27) of Mackubin an3 tiarshall's Addition; All oi Lots seven (7), eight (8), nina (9) and ten (10), an3 part of Lot eleven (11) of t,hiting's Subdivision of Marshall's Sub3ivision of Block t�aenty-seven (27) of Mackt?bin an3 Marshall's Addition; A11 of Lots oae (1), two (2), three (3), four (4), and five (5) and part of Lots six (6), seven (7), and ei�:ht (8) of R.C.L, an3 T.C. Sub3ivision I3o. 1 of rlarshall s Sub3ivision o` Block t�ae�ty-s�ven (27) of N'ackubin an3 Marsha.11's Addition; A11 of Lots eleven (11), twelve (12 an3 thirteen (13) and part of - Lots eight (8), nine (9�, ten (10) and fourteen (14), B1o�k four (4), Au3itor's Subdivision No. 31, and all that part of vacated Iglehart Av�nue. All lying toit'nin t'ne following 3escrib�d lines: Go:TMaencing at the South- w�sterly cori�er of said R.C.L. and T.C. Sub�ivision I�o. 1, b2ing the point of intersection of the Nortn line o` ri rs:�..all Avenue an3 the East line of Kent Street; thence P�orth (assum2d bearing) along the Eas� line of ken� Streat ninety-tcao and ninety-eight hundredtns (92.98) feet to che point of beginnino; the�ce No��h ei$ht�-nine degre2s� £orty-eight minutes, fifty seconds (89 48'S0") Eas= parallel with Marshall Avenue ttao hun3red for�y-seven (247.0) feet; thencP Rorth one hun3red ni.nety-fo•Ir (1°4.0) feet; thence Nor�h eiohty-nine degrees, forty-eight minutes, fifty seconds (89 4S`5�")East one huridred thirty-eight (135.0) feet; thence North one hundrecl seventy-five and sixty-five hund- ' redths (175.65) feet; thence So�ith eighty-n�ne de�rees, - forty-nine minutes, forty-five seconds (89 49'45`) �d�st along the North line of Lots eleven (lI), ten (1�0), nine (9), and eight (8), and seven (7) in said Whiting`s Sub- division two hundred fifty-eight (258.0) feet; t'nence �orth along the East line of Lot four (4} of said West Side Annex seven (7.0) £eet; thence South ei�hty-nine degrees, t�ae? minutes, thirty secoi�3s (89 29`30") SYest alo.zg tn2 North Iine of Lot four (4) oi said �dest Side Annex one hundre3 t�vehty-seven (127.0) �ee�_; �hence South along the East lin2 oi Kent Street t'nree hundred S?VP71LY (376.0) feet ta the point of beginnino. SCHEDULE A-1 s.o..,,... , .. s - - - - - — _„., - - _ _-�:- --�- - �. ;,.� �,. ,-„_::'i:, K, - - 0 >_ ' 7 �NM� < O � ^ � _ ^ L 3 G O U� O C�" T O O O O S C O Q O - � � G � � O= a C � O F C n � G� VO -� a e�xx:p = o E n V 3 � o a o u y o o= H o ��o�.n _°.-rvnoaowe_�no� ^N''�'•JOOG�^�^�-�N� CG�O jUUU:JU'JU::U[JUU 0 — z-� 3znQ��s d a C .N -�° ° = o o `° 'a oo = ` 00 �_ ' �'° ? E 3 - � c o � - ` = F o ` � o � ` ^ ° > ^ c o � o o Q o � ? � 3 �a$ >=_. `a°=�°o r e = Y ` � _ _ °_ � ' c _ o t _ � v - u _ o � _ � ° ' N ' ' _ ' = 6 � _ � _ � � c ' _ ' _ o � 0 3 c'� C E`o�"s`_'c3 `a ° ?rva �nncn o:<o�ci�rveu�c�o.-n C "' u�^< 0�� 0 - C O O O O O O.�- � O O O O � � � � � � N N N - a00��-�-NNN7�-��-��e��.��-�� =acd«¢Gi<�<CC¢Qa<G=COO�eoco�ooDC� m' � G .L- � m _� ` a ,� z Q J a e 0 0 � i Z Q � � � �' ` � L �_ �� _ T r � � _ � V � _ `°- � - � - -- -- - - - ^ -, ,- : -- , �;: -- /�..;.. � _ _ � \;. _. _ ; , � i _ __ . �. l---i � � a r ' o �-� -- { " ' t � • � � ' �'--� _ � _ � c � Z a J y � � 0 J LL � tLl Q J aq -?�o J Q a N � � > F U i;� � 3 0 H q a � •rl � r-{ r-7 � � � l ' � eao o ^ � �,-- - ° �'o� ? °.s"' n � 5_ E' a n c^ o e 1'�;�OO�N(7QL.U' NtVtyN^:rf^.^IC]Cff'f ��.. � �� C G � C�� O 3 O O � _ � ^_ p o tl ' � o c�> - ' d 3 L^ ' ' ' 9 � z = '� 3 _°c�=c's<±o^n e��_=o _ _�aC^oaCaoo Council File � qq. �1� 4 �� V�� RESOLUTION Green sheet # G3 $ 3 S" 1 Wf�REAS, the State ofNTinnesota has continued its Youth Initiative Grant Program pursuant to 2 1998 Laws of Mmnesota, Chapter 404, Section 5, Subd. 5, to make available funding to design, 3 furnish, equip, repair, replace, or construct pazks and recreation buildings and school buildings to 4 provide youth in grades fourth through eighth with enrichment activities during non-school hours 5 and that will provide equal access and programming for girls, and 6 WHEREAS, The Saint Paul City Council by its resolution 99-632 has approved a 7 Youth Initiative Grant financed project for the Martin Luther King Community Center, 8 and 9 WfIEREAS, The Martin Luther King Community Center is jointly managed by the 10 City of Saint Paul and Hallie Q. Brown Community Center Inc., a non-profit corporation 11 of the State of Minnesota, through a lease agreement, and 12 WHEREAS, the City and Hallie Q. Brown must comply with certain State 13 requirements regarding management of the Communiry Center to be eligible for State 14 grant funds, and 15 WHEREAS, the existing lease agreement must therefore be amended to meet 16 State requirements, 17 NOW, TI�REFORE, BE TT RESOLVED, that the Mayor and the proper City 18 officials are hereby authorized to amend the Ciry lease agreement with Hallie Q. Brown to 19 meet the requirements of the State, and 2 0 FiJRTHER RE50LVED, that the City of Saint Paul agrees to comply with the 21 requirements of Mimiesota Statute 16A. 695 regazding State Bond financed property and 2 2 agrees to place a deed restriction on the Martin Luther King Community Center property 23 such that said property cannot be sold or otherwise disposed ofwithout the written 2 4 approval of the Minnesota Commissioner of Finance, and CITY OF SAINT PAUL, MINNESOTA �y 25 26 27 �4-�� F[JRT�R RESOLVED, that the City of Saint Paul agrees to operate the Martin Luther King Community Center property funded by tlris grant throughout its ownership of the Community Center or until there is no longer a public need for said program. 0��1vAL Yeas Nays Absent Benanav � Blakey _ ,/ Bostrom � Coleman l/ Harris_ ,i Lantry _ ✓ Reiter � �'I C� Adopted by Council: Date a� Adoption Certified by Council Secretary By 'jfz�' ; By: by: Divis' n of Parks i�� p:/ �1/� Form Approved by C�ty Attorney °�''"""°'T'°�`�°�"` °",�"�"� GREEN SHEET � 51 NO. � 8 5?O /i ?arks and Recreation 7-13-59 COIITACf PBtSON AND RiONE WRINfDATE YU77ALIDATE Vince Gillespie 266-6408 A � 1 o�,�mu�e�rowccrox � crtrcouNa� NIYB9t ��G7YATfdMiEY CrtYCL6Yc MUSf BE ON CAUNdL ACiB1DA BY DATq p ��' �qNµpK �C� � OR091 � 4 nuroa toq �srwrrt7 � Parks & Recreation TOTALtOF51GNATIkiEPA6FS � (CIpA111ACA7qMiFOItiGMA7Uip ACf10N REQUFSf�: Authorize proper City officials to amend the City lease apreement with Haliie Q Brown to meet State requirements and to place a deed restriction on the Martin Luther Kinp Community Center property. xecornMwo�norrs �cc.a.wawy.aau r�uoraaaa��rs�xrr�xs�wa�nErouownxeou�wxs: R/JININGCOMM1390N �dVIl56�NCECOMM1390N t. tlrMUpww�N�mwRwa�btl�M�[�eantrstta[LLirdq�4�wMi �_pB COMMITfEE � VES NO A sinFF 3. xr ui� w� «r bwi a 6ry �nqey�e7 DI9TRICT COUNdL �S NO �� — 3. Des ih"s 0�� V�M� . tltill net nxmdb Oa�d bY „Y cvrMK eilY wno�oYMT swvonrswn�cxcouxcwos.ifcnvn vfs «o ' � eW�nrrw..woonw.w.�..e.m.monmw.nrwc N/fTU1TIN6 PFOBLFM. ISSUE. OPPoRTUNI7Y NAw, W Wt, VMw, NRw�. NTyI: The City has received funds from the State to renovate and expand the Martin Luther King Community Center. The lease agreement must be changed to meet State requirements. ADVANTAGES IFMPftOVED: The renovation/addition project can proceed. OISADVANTAGES ff APP110VED: None y; . '. ,` �' � � v � � �--- ., u.� �;:n E'_' s.�i�� _" r'L.. �'. e � } ' , .I r .i i��.� � ~ �. .= �..J . ��..ta `+n 1;5 F m' ? OI6ADVANTAfiES IF NOT APY110VED: �,., �; `_ - - - - The project canrat proceed. TOTALAMOUNTOiTRAN5ACT10N S NA eosnx�va+ue�woEr��ene�ox4 rFS rw wxoare soux� acnvirr xu� Cour�G�? Rsse�ech �snt9r axuiauiNwxnunow: texxNw u�30�99 ,]�:U: q9 -'1?0 AMENDMENT TO LEASE AGREEMENT BETW£EN CITY OF 5AINT PAUL AND gpT,T" Q. sxawrr com�ux�� cEx�rER THIS AGRE£MEi3T entered into this day of , 1999, between the Ci?Y OF SAINT PAUL, a municipai corporation of the State oflvfinnesota (hereinafter the "I,esso�') and the HALLIE Ct. BROWN COMMUI�iITY CENTER, INC., a Non-Profit Corpocation organized and easisring under the Laws of the State of Mumesota (hereinatter the "Lessee")_ WITNESSETH: WHEREAS, Lessor and Lessee have previously entered into a Lease Agreement dated Idovemher 29, 1972 for portions of the premises known as Martin Luther King, 7r. Neighborhood Service Center located at Marshal] and Kent Streets, Saint Paul, Mnnesota; and A'�IEREAS, Lessee has received funding through a Youth Initiative Grant from the State of Mumesota pursuant to Laws of Minnesota 1996, Chapter 463, 5ection 4, for an addition to and remodeling of the existing facility to espand enrichment activities for children between the ages of 9-13; and Wf�REAS, acceptance of the grant funds for the improvement of the premises will cause tfie properry to become subject to Mnn. Stat. §i6A695, requiring certain provisions in any Use Agreement involving state bond financed property; NOW, TIiEREFORE, parties agree as follows: 1. '�hat the provision segarding the tecm of the Lease Agreement shall be amended to read as follows: "TO HAVE AND TO HOLD with ail appurtenances thereto for and during the full term of forty (40) years commencing on the first (1`� day of September, 1972. The Lessee shall have four (4) successive aptions to renew this Lease, each for an additional renewal time of ten (10) years, upon ihe provisions, covenants and conditions of this Lease and of the then applicable Operating A�reement between the parties goveming use of said neighborhood facility. The Lessee's option to renew shall be exercised by notice in writing at least six (6) months prior to the termination of the initial term or of the renewal term then in efFect. In no event shall the Lessee be entitled to renew the term of the Lease, even though such notice is timelv Qiven, unless the Less shall have perfonned all of its obiitations hereunder and is not in default in the terms of the Astreement. and the Lessor has determined bv offccial action that ihe use continues to cam out the govemmentat proaram authorized in the original Leate Agreement or in a valid written amendment to that Aoreement. " 2. That the following paragraph shaIl be added to Section 1("Use ofDemised premises") of the Agreement: " Lessor believes that thepumoses for which Lessee mav use the Premises_ as set forth in this paragraph serve the �overnmental proQram set forth in Laws of .. �, . � _. a1-'i�n 3. � Mnncsota 1996. Chaoter 463. b4_ and will vrovide youth between the a�es of 9 an 13 with enrichment activities in after-school and weekend/su er ro ams. �his Agreement is suthorized nursuant to that statute and bv the official actions of the Ciry Council far the Citv of Saint Paul bv Council Resolution File No_ 47-1596 and appraved bv the Mavor on Januarv 17_ 1998 and bv Mnn Stat. b471 191 " That Section 4 of the Agreement ("Reports, Records and Other pocuments") shall be amended by adding the following langvage: "Upon direction of the Lessor or the Commissioner of �'inance for the State of Ivfinnesota� Lessee shall take such action and furnish such documents ac Lessor or the Finance Commissioner deternune to be necessarv to insure that the interest naid on the G_O. Bonds is exempt from federal taxation.n That Section 10 of the Agreement ("Remedies Upon Default") shall be amended by adding the following language: "It is an express covenant and aereement of,�ar�ies hereto that Lessor mav at its election terminate this Aereement in the event Lessee is in default of anv ofthe requirements thereunder by giving not less than thirtv l301 davs written notice to Lessee. further if Lessee terminates os chanees the puroose for which it uses the premises to other than that aereed to bv the Parties. which results in the prooertv no lonees beinu used for a�ovemmental �rogram the Lessos mav cancei the agreement by eivins not less than thirty (301 dav written notice to Lessee IN WI�'N&SS WE3BREOF, the parties hereto have executed this Agreement the date first written above. SALL� Q. BROWi�i COMMUNITY CENTER, INC. �� , � Presiden Stepnen A. Wilson I�_ Executive Director Richa M. Mangram Approved as to torm: CITY OF SAINT �AZ3L Mayor Superintendent Assistant City Attorney Director of Financial Services City Cierk . . . � �,�q.'�'�o LEASE i�GFEE!'IENT BETidEEN CITY OF SAZNT Pl:tiL A;�� HALLIE Q. BROtdN CO.�PJNITY CE�TEP. THIS I?�'DE?�TURE, rLade this �% f �day of ��e7r�� , �+.D., Une Thousand t:ine Hundre3 a�Seventy-Tsvo, etzJeen the �ITY OF SAI?�T PAUi, a Municipal Corporation and political sub3ivision of the State of ISinnesota (hereinafter called the "Lessor"} and the HALLIE Q. BRO:v?v CO��:JNITY CEytTER, INCOBPORATED, a Non-Profit Gorporation oroanized and existino under the Laws of the State of P;innesota (hereinafter called the "Lessee"); G,7ITNESSETH : That the Lessor, for a�d in consideration of the co�renants and agreenants hereinafter set forth does hereby de�_se an3 lease to the Lessee, portions of the premises knok� as Martin Luther Kin�, Jr. I�eighb�rhood Service Center located at Mars'na11 and Kent Streets within the City of Saint Paul, Ramsey County, riinnesota, said premises being more particularly described and with that portion of the sam� designated on plats included as a part hereof as SchedLle A to bz occupied for a neighborho�d facility (herein- after called �'neighborhood facility") and £or no othex purpose �.hatsoever_ Lessor and Lessee shall each pay a proportio_ share of the operating costs of the total facility as snal3 be sp�cifie3 in the Ope Abree�nent to be entered into b�tza�en the parties. TO HAVE A.�'D TO HOLD �vith all appurtenances thereto fo= and darino the full term of forty (40) years co*_ln.encino on th? first (1st) day of Septenber, 1972. The Lessee shall have zour (4) successive options to renew this Lease, each for an adc3itional renewal time of ten (10) years, upo:i the p�ovisio:zs, cov2`ian�s and conditions of this Lease an3 of the t'aen applicable OQ2rating Agreenent between the part?es go°�erning use of said r_eigh�orhood facility. The Lessee`s option to renew shall be exercised b;= notice in writino at least six (6) months prior to the ternina�ion of the initial term or of the renetaal term then in effect. In_consideration of_s�id demise an3 the cover�nts_and..agx�e-= ments hereinafter expressed� in consideratioa of the contribution by Lessee fro�_its separate_funds �o �he construction__of _said� neighboriood facility_of_sahich_the d mis ecI prem ises_co�stit�te a par�, in further consideration of the mutual undertak?� of ttz� pa hereto hereunder_and purs:ian��o t Operatin� Agree- mr-_nt to be executed_by and b2tween the'par£ies, i�_zs�co��enanted � Section 1- Use of Demised Premises. Lessee s'nall contiauously operate t e demise premises, a part of the neighbo-hoo3 facility, or any replacement thereof durinj the term of this Lease in accordance �•rith the require��nts qg -*1'yo of a certain contract entered into by and between the I.essor and the United States of America, Departnent of Housing and Urban Develo�ent (hereinafter called "The Govern.ment"), dated the 7th da}r of August, 1970, Contract �?o. Minn. N-9(G), Project No. riinn. N-9 (hereinafter cslled the "Grant Contract"), and all applicable lacas of the linited States of America, and the rules and regula- tions o£ the Secretary of Housing and Urban Development, and particularly in accordance with all requirer.ients inposed by or pursuant to regulations of the Secretary effectuating Title VI of the Givil Rights Act of 1964 (78 Stat. 241, 252). The Lessee shall not, on the basis o£ race, creed, sex, color or national origin, deny to any person the use, benefits or services provided by the neighborhood facility, or any replacement thereof, nor provide any use, ser�>ices or benefits to a person which are different or are provided in a different man- ner from those provided to others under the same program or activities. It is understood that-the parties hereto shall together occupy, operate and maintain the neigl�borhood facilit}= for._ t�.e_aforesaid�ur�ses-and _sub�ect to the �aY law.s _ _ _ . , __rules..and_�egulations� , and pursuant _to an^�perating Agreement �a_he executed between_the_pa and the parties agree that._they shall not adopt rules, regulations, or practices for the op2ration oi the bonc�od facility or any part _thereof which: are �iscri��c�a- tory in nature, nor s'nall they or either of th�*n enter_ into an}� Lease or other Agreenent respacting the neighbor- hood facility without incorporating into such Lease o= Abreement provisions i.hich will insure that the use an3 occupzncy, and the provision o£ ne r oo services a��u � Rrrbenefits will be available without regard to race, creed, sex, color or national origin. The provisions of this Section sna11 be included in any rene:val or ex.- tension of this Lease as long as the prenises are used as a neighborhood facility. The neighborhood facility sha11 be used_to__carry__.ant a prograit�of or other_co�rnuAlty services with the Grarit Contract. No change in the use of the neig� use other than that permitted under this Lease or the s�id grant agre2ment shall be nade by the Lessee or Lessor �aithout the prior c.�ritten consent of the other party, such consent if given, to be based upon finciings by the Lessor that the pro- posed conversion is in accordance with the current program of health, recreational, social or similar co;LL� nity serv- ices in the area and is consistent with comprehensive planning for the develop�ent of the co�unity. Anything in this Lease or Agreement to the contrary not�aithstanding, both parties shall not enter into any Lease or Agreer.!ent 2. 4 9 -'?.� o J " � _, transferring to aay other organization or entity the ,;. control or supervisioa of its responsibility for services �:�` �"^ and programming within that portion of the neighborhood facility for which responsibility has been assigned �aith- out the prior :oritten consent of the other. Section 2- Maintenance of Premises in Good State of Repair. .t� The Lessee shall keep the demised premises, and appur- V tenances thereto, in a clean, sanitary and healthy condition and in good repair, all according to statutes and ordirvances in such cases made and provided, and the directions of public officers thereto duly authoriLed, and Lessee shall yield the demised premises back to the Lessor upon the termination of this Lease or any extension thereof, whether such termination shall occur by expiration of the time or in any other manner whatsoever, in the same condition of cleanliness, repair and sightliness as at the date of execution hereof, loss by fire, reasonable wear and tear or any other damage caused by any reason beyond the Lessee's control excepted. Lessee agrees to make all necessary repairs and rene�aals of the demised premises, and shall replace broken glass and fi�:tures t with naterials of the same size and quality as that brohen, at its own cost and expense. Lessor shall replace broken glass and fixtures in the rer�ir_der of the facilit� at its oz.-n cost and expense. Any modiiication, alteration or addition to the neigh- borhood facility shall only be cor,ipleted upon approval of the City's City Architect, or o�her p2rson perforning such duties� and the £acility shall be subject to inspection at least once a year by the Cit}�, wtio wi11.�r�scribe_s.inin.um standards% '- — for the maintenance of the facility. Should the Lessee £ail -` to keep the demised prerises in a clean, sightly and healthy .'- '� condition, and after reasonable notice, Lessor may enter the same itself or by its agents or employees without such entry causing or constituting a termination of the Lease or an in- terference with the possession of the premises b� the Lessee, and Lessor may replace the same in the same condition of r.epair, sightliness, healthiness and cleanliness as existed at the date of execution hereof, and Lessee agrees to pay Lessoz'the reasonable expenses of Lessor in thus restoring the premises to that condition. The parties hereto each agree that they sha11 not per- mit, comrnit or suffer �,�•aste or impairment of the neighborhood facility, its site, or any replacement or part thereof. i - j(r� � Section 3- Insurance on Demised Premises (a) Lessee shall procure and maintain during the term of this Lease, fire and e�:tended coverage insurance on 1 i� � C19" z, � � ` � � .1,� �-"`� �' , �i tq �S� Y � A �;� 3. qq '110 the buildino or buildinos comprising the neighborhood facilit}r, in amount sufficient to provide for not less than £u11 recovery tahenever a loss fron perils insured a�ai�st does not exceed Eighty (8C%) p�rcent of the iu11 insurable value of the da*_naged building or btild- ings. Such insurance shall name the Izssor and Lessee as insureds as their interest may appear, and sha11 further include a loss payable clause to the Lessor " as trustee for the Federel government as its interest nay appear, according to the ratio of Federal funds contributed to the develop:nent of the neighborhood facility, in order to provide the funds or a portion thereof for repayment of the Federal grant in the event the Federal government elects to require payment thereof if the facility is destroyed or damaged by fire or other casualty so as to render it unusable. In the event of destruction of the neighborhood facility or such damage as �ai11 render the same unusable, the Lessee shall have a reasonable length of time to rebuild the facility and shall use proceeds of insurar.ce for said purpose. If, after a reasonable length of tir.e the Lessee does not rebuild the facility, then and in that event, the Lease Agreemen� and the obligation of the parties thereunder shall thereupon ter�;i*�ate, an3 the . proceeds of insurance aforesaid sha11 be paid to the ��,� Lessor, Federal Government, and to the Lessee proportion- ,'�, tN`;�t!�,� at� to their financial contribution to its construction. = -- � t ��,, a �� G (b) Lessee sha11 procure and maintain during the term �,: � �`� �- ' of this Lease boiler insurance covering any boiler servic- ��'� ing the facility in an�amount not less than Fifty Thousand �� ;� i.1 � ($50,0�0.0�) Dollars. i ii?� �3 , (c) Lessee shall procure and maintain during the term o£ ��' this Lease fire'and extene7ed coverage insurance on contents, equipment and furnishings within the neighborhood faci2ity� in an anount not less than Fifty Thousand ($50,000.00) Dollars. (d) Lessee sha11 procure and maintain during the te� of this Lease, public liability insurance with limits of not less than One Hundred Thousand ($100,000.00) Dollars for one person and Three Hundred Thousand ($300,000.00) Dollars for more ttian one person involved in one accident to protect the Lessee and the Lessor fron lawsuit for bodily injury and/or death which may arise from operation of the total neighborhood facility, including any or all use of its grounds, structures an3 vehicles, and further ?ncluding the non-owned vehicles operated for the benefit of the neighbor- hood facility. In acidition, Lessee sha11 procure and main- tain during the terr.i of this Lease vehicle property damaoe insurance in amounts of not less than Ten Thousand ($10,G00.00) Dollars. 4. a4-��v (e) All of the insurance policzes required to be naintained by the Lessee hereunder shall be in form and with such companies as are acceptable to the Lessor, and the Lessee shall furnish to the Lessor certificates of insurance or duplicate insurance policies respectino all such insurance. All of such insurance referred to above sha11 nane the Lessor and the Lessee as co-insureds as the?r interest may appear, and proceeds thereof in the event oi insurable loss, shall, subject to the rights of the Federal govern- ment in fire and extended coverage insurance on the building or buildings comprising the neighborhood facility, be paid over to the parties to apply to the repair an3 c ��,laestoration of danaged property, or to payment oi clains arising out of operation of the neighbornood facility. �A�� ` ,�t�Payment of premivms and cost thereof for insurance required ,�l , hereunder shall be made by I,essee with contribution thexeto �� ' ente'xed parties�heretong Agreement to be � `�l . . ! �. � Sectien 4- Reports. Records and Other pocutnents. ;',? " Lessee shall furnish the Lessor with an anaual report " � c.ithin thirty � davs after the close of each calendar year setting =orth a gan2ral accountino of the operatioa of the neighborhood facility, and iaithout linitin� the gen- erality of the foregoi�o, such report sha11 inclu3e: (a) The nar�es and addresses of the officers and directors of its governing body and the principal admin- istrative staff officers operating �aithin the neighborhood facility; (b) A statement of the nature and extent of the activities and progra*a carried out during the preceding year; (c} A certification that it has operated the neigh- borhood facility in accordance �.ith the provisions set forth in Section 1 of this Lease; (d) The status of a11 insurance required to be naintained by the Lessee hereunder; (e) A statement of disbursements and receipts, if any. The Lessee sha11 further submit to the Lessor such other and additional data, reports and copies of records and docu- r�ents relating to its operation of the neighborhood facility 5. R qq-!l�o as Lessor nay reasonably require. Such data, reports, and copies of records and docunents shall, upon submission, become the property of the Lessor. Lessor shall subr�it to Lessee infor�*.tation necessary for the coordination of services to the extent permitted by law. Section 5- Corporate Existence of Lessee. Lessee covenants that it will maintain, extend and, if required, renew its corporate existence under the laws of the State of Minnesota and all franchise, rights and priv- iieges to it granted and upon it conferred, as may be required, and will not do, suffer or permit any act of thing to be done whereby its right to transact its func- tions might or could be ter�inated, or its operations or activities restricted. Section 6- Fees and CY�ar�es. Lessee shall not charge or establish or cause or permit to be charged or established any fees or expenses for serv- ices and benefits fron operations except charges that are related to the ability and in keeping �aith the con- cept of citizen irvolvenent. In any event charges shall be mini�� and related to the cost oi ser�ices and special events. Lessee shall ireely and reasonablp cover�at-with other agencies and_govern.�ental units to use the_£acility or parts the and said agencies and governnen�l units sr�ll pa}� a fair of cost an3 ri�cessary expenses. , �-_ - '" F _ _ - a.._ � �.� 1_ _____.°'-------• - Section 7- Encu_ Taxes and Assessm2nts. Lessee wi11 not voluntarily create, cause or allow to be created ar�y debt, lien, charge or other encw�brance against the neighborhood facility which in any c,ay wi11 im- pair or otherwise adversely af£ect the preservation of said facility for the intended purpose or useful emplo}�r:.ent thereof . The Lessee, subject to its legal rights incident to contest of any such encumbrances, taxes or assessments, shall pay and discharge, or cause to be paid and discharged, s,�hen due, taxes, assessments or other governmental charges la�ofully imposed upon its leasehold in the neighborhood facility or on its operations therefrom, which, if unpaid, may, by 1a�v, become a lien or charge on said facility and thereby impair or otherwise adversely affect the holding of said faci.lity for the purpose herein set forth. The 6. �q'1?b foregoing shall be subject to the right of the Lessee to contest any such taxes, assessments or governnental charges, and incident thereto to withhold pa5�nent of the sama pending the disposition of its challenge to th2 im- pcsition o` such tax, ass2ss:�nt or gover��ental charbe. Special assessments levied for local improvements sha11 be paid by Lessor. Section 8- Fusnishings and E�uipment. � 1' � . �: ti J' The parties covenant, and each shall provide or cause to be provided at the separate expense of each, the furnish- ings and equipment necessary for the effective operation of their respective portions of the neighborhood facility, and each sha11 naintain such equipment in good order and repair, including the replacement•thereof when necessary. Y Section 9- Payment of Utility Charges. The parties shall pay all charges for public utilities, including gas, steam, electric power, water and any sewer or other charge during the term of Chis Lease, pay�en[. to be pursuant to the Operating Agreement to be entereci into between the parties. Section 10 - Re�edies Upon Default If Lessee sha11 vacate or abandon the �emised premises, or permit the same to remain vacant or unoccupied for a period of 120 da}rs, or in the event the Lessee shall commit a breach of its covenants as set forth in Section 1, 2 and 3 of this Lease, upoa failure of Lessee to ratify default within ninety (90} days after notice to Lessee by I,essor of such de£au1t, Lessee's rights to possession of the demised prenises thereupon shall terninate with or without any further notice or deriand whatsoever, and the mere retention of possession thereafter by Lessee sha11 not constitute a_ forceable detainer of said premises, and, if the Lessor so elects, this Lease sha11 thereupon terminate ar.d upon termination of the Lessee's right of possession as afore- said, Lessee agrees to surrender possessioa of the der.tised prer.iises icnmediately without receipt of any notice to quit or demand for possession of the demised premises �ohatsaever, and hereby grants to Lessor full and free license to enter into and upon the premises or any part thereof to take possession thereof and to expel and remove the Lessee, its agents and employees who may be occupying the premises or any part thereof, and such repossession by Lessor shall be as of its former estate, and sha11 not constitute trespass or £orceable entry or detainer nor a�vaiver of covenant, agree- ment of pro�ise in said Lease to be performed by Lessee. 7. qq-'1'ro In WITNESS WHEREOF, The �essor has caused this Lease to be executed for and on its behalf by � its , and has cause its sea to e a ixed thereto an atteste y , its , and t e Lessee s cause t is Lease to�Te - execute or an on its behalf by and , its and � and has cause its corporate seal to e a ixe t ereto, a as of the day and year first above written, but acCually on this day of , 197 . Approved s to Form: � � ,��--��° Assista t! ity'i4tto�ney � tk'itnesses to Execution of Lessor: THE HAT LIE Q. BROk�v CO�I`i��IVITY GE\�ER, I� , � f � , BY' /�% L'�/'� ;. 2� . �-L�� T s /� .�.s��r�,� / � o! �+ ,. �C/ Its �' 8. S CFIEDULE "A" a9 r'�'��o P.11. tliat certain �arcel or p3rcels of land in the City of Saint Paui, Gounty of Ramssy, State of Minn2sota, more par�icnlarly descri�e3 as follo�as: A11 of Lots four (4), five (5) and six_(6) of West Side Annex of Marshall's Subdivision of B1ock tiaenty-seven (27) of Mackubin an3 tiarshall's Addition; All oi Lots seven (7), eight (8), nina (9) and ten (10), an3 part of Lot eleven (11) of t,hiting's Subdivision of Marshall's Sub3ivision of Block t�aenty-seven (27) of Mackt?bin an3 Marshall's Addition; A11 of Lots oae (1), two (2), three (3), four (4), and five (5) and part of Lots six (6), seven (7), and ei�:ht (8) of R.C.L, an3 T.C. Sub3ivision I3o. 1 of rlarshall s Sub3ivision o` Block t�ae�ty-s�ven (27) of N'ackubin an3 Marsha.11's Addition; A11 of Lots eleven (11), twelve (12 an3 thirteen (13) and part of - Lots eight (8), nine (9�, ten (10) and fourteen (14), B1o�k four (4), Au3itor's Subdivision No. 31, and all that part of vacated Iglehart Av�nue. All lying toit'nin t'ne following 3escrib�d lines: Go:TMaencing at the South- w�sterly cori�er of said R.C.L. and T.C. Sub�ivision I�o. 1, b2ing the point of intersection of the Nortn line o` ri rs:�..all Avenue an3 the East line of Kent Street; thence P�orth (assum2d bearing) along the Eas� line of ken� Streat ninety-tcao and ninety-eight hundredtns (92.98) feet to che point of beginnino; the�ce No��h ei$ht�-nine degre2s� £orty-eight minutes, fifty seconds (89 48'S0") Eas= parallel with Marshall Avenue ttao hun3red for�y-seven (247.0) feet; thencP Rorth one hun3red ni.nety-fo•Ir (1°4.0) feet; thence Nor�h eiohty-nine degrees, forty-eight minutes, fifty seconds (89 4S`5�")East one huridred thirty-eight (135.0) feet; thence North one hundrecl seventy-five and sixty-five hund- ' redths (175.65) feet; thence So�ith eighty-n�ne de�rees, - forty-nine minutes, forty-five seconds (89 49'45`) �d�st along the North line of Lots eleven (lI), ten (1�0), nine (9), and eight (8), and seven (7) in said Whiting`s Sub- division two hundred fifty-eight (258.0) feet; t'nence �orth along the East line of Lot four (4} of said West Side Annex seven (7.0) £eet; thence South ei�hty-nine degrees, t�ae? minutes, thirty secoi�3s (89 29`30") SYest alo.zg tn2 North Iine of Lot four (4) oi said �dest Side Annex one hundre3 t�vehty-seven (127.0) �ee�_; �hence South along the East lin2 oi Kent Street t'nree hundred S?VP71LY (376.0) feet ta the point of beginnino. SCHEDULE A-1 s.o..,,... , .. s - - - - - — _„., - - _ _-�:- --�- - �. ;,.� �,. ,-„_::'i:, K, - - 0 >_ ' 7 �NM� < O � ^ � _ ^ L 3 G O U� O C�" T O O O O S C O Q O - � � G � � O= a C � O F C n � G� VO -� a e�xx:p = o E n V 3 � o a o u y o o= H o ��o�.n _°.-rvnoaowe_�no� ^N''�'•JOOG�^�^�-�N� CG�O jUUU:JU'JU::U[JUU 0 — z-� 3znQ��s d a C .N -�° ° = o o `° 'a oo = ` 00 �_ ' �'° ? E 3 - � c o � - ` = F o ` � o � ` ^ ° > ^ c o � o o Q o � ? � 3 �a$ >=_. `a°=�°o r e = Y ` � _ _ °_ � ' c _ o t _ � v - u _ o � _ � ° ' N ' ' _ ' = 6 � _ � _ � � c ' _ ' _ o � 0 3 c'� C E`o�"s`_'c3 `a ° ?rva �nncn o:<o�ci�rveu�c�o.-n C "' u�^< 0�� 0 - C O O O O O O.�- � O O O O � � � � � � N N N - a00��-�-NNN7�-��-��e��.��-�� =acd«¢Gi<�<CC¢Qa<G=COO�eoco�ooDC� m' � G .L- � m _� ` a ,� z Q J a e 0 0 � i Z Q � � � �' ` � L �_ �� _ T r � � _ � V � _ `°- � - � - -- -- - - - ^ -, ,- : -- , �;: -- /�..;.. � _ _ � \;. _. _ ; , � i _ __ . �. l---i � � a r ' o �-� -- { " ' t � • � � ' �'--� _ � _ � c � Z a J y � � 0 J LL � tLl Q J aq -?�o J Q a N � � > F U i;� � 3 0 H q a � •rl � r-{ r-7 � � � l ' � eao o ^ � �,-- - ° �'o� ? °.s"' n � 5_ E' a n c^ o e 1'�;�OO�N(7QL.U' NtVtyN^:rf^.^IC]Cff'f ��.. � �� C G � C�� O 3 O O � _ � ^_ p o tl ' � o c�> - ' d 3 L^ ' ' ' 9 � z = '� 3 _°c�=c's<±o^n e��_=o _ _�aC^oaCaoo Council File � qq. �1� 4 �� V�� RESOLUTION Green sheet # G3 $ 3 S" 1 Wf�REAS, the State ofNTinnesota has continued its Youth Initiative Grant Program pursuant to 2 1998 Laws of Mmnesota, Chapter 404, Section 5, Subd. 5, to make available funding to design, 3 furnish, equip, repair, replace, or construct pazks and recreation buildings and school buildings to 4 provide youth in grades fourth through eighth with enrichment activities during non-school hours 5 and that will provide equal access and programming for girls, and 6 WHEREAS, The Saint Paul City Council by its resolution 99-632 has approved a 7 Youth Initiative Grant financed project for the Martin Luther King Community Center, 8 and 9 WfIEREAS, The Martin Luther King Community Center is jointly managed by the 10 City of Saint Paul and Hallie Q. Brown Community Center Inc., a non-profit corporation 11 of the State of Minnesota, through a lease agreement, and 12 WHEREAS, the City and Hallie Q. Brown must comply with certain State 13 requirements regarding management of the Communiry Center to be eligible for State 14 grant funds, and 15 WHEREAS, the existing lease agreement must therefore be amended to meet 16 State requirements, 17 NOW, TI�REFORE, BE TT RESOLVED, that the Mayor and the proper City 18 officials are hereby authorized to amend the Ciry lease agreement with Hallie Q. Brown to 19 meet the requirements of the State, and 2 0 FiJRTHER RE50LVED, that the City of Saint Paul agrees to comply with the 21 requirements of Mimiesota Statute 16A. 695 regazding State Bond financed property and 2 2 agrees to place a deed restriction on the Martin Luther King Community Center property 23 such that said property cannot be sold or otherwise disposed ofwithout the written 2 4 approval of the Minnesota Commissioner of Finance, and CITY OF SAINT PAUL, MINNESOTA �y 25 26 27 �4-�� F[JRT�R RESOLVED, that the City of Saint Paul agrees to operate the Martin Luther King Community Center property funded by tlris grant throughout its ownership of the Community Center or until there is no longer a public need for said program. 0��1vAL Yeas Nays Absent Benanav � Blakey _ ,/ Bostrom � Coleman l/ Harris_ ,i Lantry _ ✓ Reiter � �'I C� Adopted by Council: Date a� Adoption Certified by Council Secretary By 'jfz�' ; By: by: Divis' n of Parks i�� p:/ �1/� Form Approved by C�ty Attorney °�''"""°'T'°�`�°�"` °",�"�"� GREEN SHEET � 51 NO. � 8 5?O /i ?arks and Recreation 7-13-59 COIITACf PBtSON AND RiONE WRINfDATE YU77ALIDATE Vince Gillespie 266-6408 A � 1 o�,�mu�e�rowccrox � crtrcouNa� NIYB9t ��G7YATfdMiEY CrtYCL6Yc MUSf BE ON CAUNdL ACiB1DA BY DATq p ��' �qNµpK �C� � OR091 � 4 nuroa toq �srwrrt7 � Parks & Recreation TOTALtOF51GNATIkiEPA6FS � (CIpA111ACA7qMiFOItiGMA7Uip ACf10N REQUFSf�: Authorize proper City officials to amend the City lease apreement with Haliie Q Brown to meet State requirements and to place a deed restriction on the Martin Luther Kinp Community Center property. xecornMwo�norrs �cc.a.wawy.aau r�uoraaaa��rs�xrr�xs�wa�nErouownxeou�wxs: R/JININGCOMM1390N �dVIl56�NCECOMM1390N t. tlrMUpww�N�mwRwa�btl�M�[�eantrstta[LLirdq�4�wMi �_pB COMMITfEE � VES NO A sinFF 3. xr ui� w� «r bwi a 6ry �nqey�e7 DI9TRICT COUNdL �S NO �� — 3. Des ih"s 0�� V�M� . tltill net nxmdb Oa�d bY „Y cvrMK eilY wno�oYMT swvonrswn�cxcouxcwos.ifcnvn vfs «o ' � eW�nrrw..woonw.w.�..e.m.monmw.nrwc N/fTU1TIN6 PFOBLFM. ISSUE. OPPoRTUNI7Y NAw, W Wt, VMw, NRw�. NTyI: The City has received funds from the State to renovate and expand the Martin Luther King Community Center. The lease agreement must be changed to meet State requirements. ADVANTAGES IFMPftOVED: The renovation/addition project can proceed. OISADVANTAGES ff APP110VED: None y; . '. ,` �' � � v � � �--- ., u.� �;:n E'_' s.�i�� _" r'L.. �'. e � } ' , .I r .i i��.� � ~ �. .= �..J . ��..ta `+n 1;5 F m' ? OI6ADVANTAfiES IF NOT APY110VED: �,., �; `_ - - - - The project canrat proceed. TOTALAMOUNTOiTRAN5ACT10N S NA eosnx�va+ue�woEr��ene�ox4 rFS rw wxoare soux� acnvirr xu� Cour�G�? Rsse�ech �snt9r axuiauiNwxnunow: texxNw u�30�99 ,]�:U: q9 -'1?0 AMENDMENT TO LEASE AGREEMENT BETW£EN CITY OF 5AINT PAUL AND gpT,T" Q. sxawrr com�ux�� cEx�rER THIS AGRE£MEi3T entered into this day of , 1999, between the Ci?Y OF SAINT PAUL, a municipai corporation of the State oflvfinnesota (hereinafter the "I,esso�') and the HALLIE Ct. BROWN COMMUI�iITY CENTER, INC., a Non-Profit Corpocation organized and easisring under the Laws of the State of Mumesota (hereinatter the "Lessee")_ WITNESSETH: WHEREAS, Lessor and Lessee have previously entered into a Lease Agreement dated Idovemher 29, 1972 for portions of the premises known as Martin Luther King, 7r. Neighborhood Service Center located at Marshal] and Kent Streets, Saint Paul, Mnnesota; and A'�IEREAS, Lessee has received funding through a Youth Initiative Grant from the State of Mumesota pursuant to Laws of Minnesota 1996, Chapter 463, 5ection 4, for an addition to and remodeling of the existing facility to espand enrichment activities for children between the ages of 9-13; and Wf�REAS, acceptance of the grant funds for the improvement of the premises will cause tfie properry to become subject to Mnn. Stat. §i6A695, requiring certain provisions in any Use Agreement involving state bond financed property; NOW, TIiEREFORE, parties agree as follows: 1. '�hat the provision segarding the tecm of the Lease Agreement shall be amended to read as follows: "TO HAVE AND TO HOLD with ail appurtenances thereto for and during the full term of forty (40) years commencing on the first (1`� day of September, 1972. The Lessee shall have four (4) successive aptions to renew this Lease, each for an additional renewal time of ten (10) years, upon ihe provisions, covenants and conditions of this Lease and of the then applicable Operating A�reement between the parties goveming use of said neighborhood facility. The Lessee's option to renew shall be exercised by notice in writing at least six (6) months prior to the termination of the initial term or of the renewal term then in efFect. In no event shall the Lessee be entitled to renew the term of the Lease, even though such notice is timelv Qiven, unless the Less shall have perfonned all of its obiitations hereunder and is not in default in the terms of the Astreement. and the Lessor has determined bv offccial action that ihe use continues to cam out the govemmentat proaram authorized in the original Leate Agreement or in a valid written amendment to that Aoreement. " 2. That the following paragraph shaIl be added to Section 1("Use ofDemised premises") of the Agreement: " Lessor believes that thepumoses for which Lessee mav use the Premises_ as set forth in this paragraph serve the �overnmental proQram set forth in Laws of .. �, . � _. a1-'i�n 3. � Mnncsota 1996. Chaoter 463. b4_ and will vrovide youth between the a�es of 9 an 13 with enrichment activities in after-school and weekend/su er ro ams. �his Agreement is suthorized nursuant to that statute and bv the official actions of the Ciry Council far the Citv of Saint Paul bv Council Resolution File No_ 47-1596 and appraved bv the Mavor on Januarv 17_ 1998 and bv Mnn Stat. b471 191 " That Section 4 of the Agreement ("Reports, Records and Other pocuments") shall be amended by adding the following langvage: "Upon direction of the Lessor or the Commissioner of �'inance for the State of Ivfinnesota� Lessee shall take such action and furnish such documents ac Lessor or the Finance Commissioner deternune to be necessarv to insure that the interest naid on the G_O. Bonds is exempt from federal taxation.n That Section 10 of the Agreement ("Remedies Upon Default") shall be amended by adding the following language: "It is an express covenant and aereement of,�ar�ies hereto that Lessor mav at its election terminate this Aereement in the event Lessee is in default of anv ofthe requirements thereunder by giving not less than thirtv l301 davs written notice to Lessee. further if Lessee terminates os chanees the puroose for which it uses the premises to other than that aereed to bv the Parties. which results in the prooertv no lonees beinu used for a�ovemmental �rogram the Lessos mav cancei the agreement by eivins not less than thirty (301 dav written notice to Lessee IN WI�'N&SS WE3BREOF, the parties hereto have executed this Agreement the date first written above. SALL� Q. BROWi�i COMMUNITY CENTER, INC. �� , � Presiden Stepnen A. Wilson I�_ Executive Director Richa M. Mangram Approved as to torm: CITY OF SAINT �AZ3L Mayor Superintendent Assistant City Attorney Director of Financial Services City Cierk . . . � �,�q.'�'�o LEASE i�GFEE!'IENT BETidEEN CITY OF SAZNT Pl:tiL A;�� HALLIE Q. BROtdN CO.�PJNITY CE�TEP. THIS I?�'DE?�TURE, rLade this �% f �day of ��e7r�� , �+.D., Une Thousand t:ine Hundre3 a�Seventy-Tsvo, etzJeen the �ITY OF SAI?�T PAUi, a Municipal Corporation and political sub3ivision of the State of ISinnesota (hereinafter called the "Lessor"} and the HALLIE Q. BRO:v?v CO��:JNITY CEytTER, INCOBPORATED, a Non-Profit Gorporation oroanized and existino under the Laws of the State of P;innesota (hereinafter called the "Lessee"); G,7ITNESSETH : That the Lessor, for a�d in consideration of the co�renants and agreenants hereinafter set forth does hereby de�_se an3 lease to the Lessee, portions of the premises knok� as Martin Luther Kin�, Jr. I�eighb�rhood Service Center located at Mars'na11 and Kent Streets within the City of Saint Paul, Ramsey County, riinnesota, said premises being more particularly described and with that portion of the sam� designated on plats included as a part hereof as SchedLle A to bz occupied for a neighborho�d facility (herein- after called �'neighborhood facility") and £or no othex purpose �.hatsoever_ Lessor and Lessee shall each pay a proportio_ share of the operating costs of the total facility as snal3 be sp�cifie3 in the Ope Abree�nent to be entered into b�tza�en the parties. TO HAVE A.�'D TO HOLD �vith all appurtenances thereto fo= and darino the full term of forty (40) years co*_ln.encino on th? first (1st) day of Septenber, 1972. The Lessee shall have zour (4) successive options to renew this Lease, each for an adc3itional renewal time of ten (10) years, upo:i the p�ovisio:zs, cov2`ian�s and conditions of this Lease an3 of the t'aen applicable OQ2rating Agreenent between the part?es go°�erning use of said r_eigh�orhood facility. The Lessee`s option to renew shall be exercised b;= notice in writino at least six (6) months prior to the ternina�ion of the initial term or of the renetaal term then in effect. In_consideration of_s�id demise an3 the cover�nts_and..agx�e-= ments hereinafter expressed� in consideratioa of the contribution by Lessee fro�_its separate_funds �o �he construction__of _said� neighboriood facility_of_sahich_the d mis ecI prem ises_co�stit�te a par�, in further consideration of the mutual undertak?� of ttz� pa hereto hereunder_and purs:ian��o t Operatin� Agree- mr-_nt to be executed_by and b2tween the'par£ies, i�_zs�co��enanted � Section 1- Use of Demised Premises. Lessee s'nall contiauously operate t e demise premises, a part of the neighbo-hoo3 facility, or any replacement thereof durinj the term of this Lease in accordance �•rith the require��nts qg -*1'yo of a certain contract entered into by and between the I.essor and the United States of America, Departnent of Housing and Urban Develo�ent (hereinafter called "The Govern.ment"), dated the 7th da}r of August, 1970, Contract �?o. Minn. N-9(G), Project No. riinn. N-9 (hereinafter cslled the "Grant Contract"), and all applicable lacas of the linited States of America, and the rules and regula- tions o£ the Secretary of Housing and Urban Development, and particularly in accordance with all requirer.ients inposed by or pursuant to regulations of the Secretary effectuating Title VI of the Givil Rights Act of 1964 (78 Stat. 241, 252). The Lessee shall not, on the basis o£ race, creed, sex, color or national origin, deny to any person the use, benefits or services provided by the neighborhood facility, or any replacement thereof, nor provide any use, ser�>ices or benefits to a person which are different or are provided in a different man- ner from those provided to others under the same program or activities. It is understood that-the parties hereto shall together occupy, operate and maintain the neigl�borhood facilit}= for._ t�.e_aforesaid�ur�ses-and _sub�ect to the �aY law.s _ _ _ . , __rules..and_�egulations� , and pursuant _to an^�perating Agreement �a_he executed between_the_pa and the parties agree that._they shall not adopt rules, regulations, or practices for the op2ration oi the bonc�od facility or any part _thereof which: are �iscri��c�a- tory in nature, nor s'nall they or either of th�*n enter_ into an}� Lease or other Agreenent respacting the neighbor- hood facility without incorporating into such Lease o= Abreement provisions i.hich will insure that the use an3 occupzncy, and the provision o£ ne r oo services a��u � Rrrbenefits will be available without regard to race, creed, sex, color or national origin. The provisions of this Section sna11 be included in any rene:val or ex.- tension of this Lease as long as the prenises are used as a neighborhood facility. The neighborhood facility sha11 be used_to__carry__.ant a prograit�of or other_co�rnuAlty services with the Grarit Contract. No change in the use of the neig� use other than that permitted under this Lease or the s�id grant agre2ment shall be nade by the Lessee or Lessor �aithout the prior c.�ritten consent of the other party, such consent if given, to be based upon finciings by the Lessor that the pro- posed conversion is in accordance with the current program of health, recreational, social or similar co;LL� nity serv- ices in the area and is consistent with comprehensive planning for the develop�ent of the co�unity. Anything in this Lease or Agreement to the contrary not�aithstanding, both parties shall not enter into any Lease or Agreer.!ent 2. 4 9 -'?.� o J " � _, transferring to aay other organization or entity the ,;. control or supervisioa of its responsibility for services �:�` �"^ and programming within that portion of the neighborhood facility for which responsibility has been assigned �aith- out the prior :oritten consent of the other. Section 2- Maintenance of Premises in Good State of Repair. .t� The Lessee shall keep the demised premises, and appur- V tenances thereto, in a clean, sanitary and healthy condition and in good repair, all according to statutes and ordirvances in such cases made and provided, and the directions of public officers thereto duly authoriLed, and Lessee shall yield the demised premises back to the Lessor upon the termination of this Lease or any extension thereof, whether such termination shall occur by expiration of the time or in any other manner whatsoever, in the same condition of cleanliness, repair and sightliness as at the date of execution hereof, loss by fire, reasonable wear and tear or any other damage caused by any reason beyond the Lessee's control excepted. Lessee agrees to make all necessary repairs and rene�aals of the demised premises, and shall replace broken glass and fi�:tures t with naterials of the same size and quality as that brohen, at its own cost and expense. Lessor shall replace broken glass and fixtures in the rer�ir_der of the facilit� at its oz.-n cost and expense. Any modiiication, alteration or addition to the neigh- borhood facility shall only be cor,ipleted upon approval of the City's City Architect, or o�her p2rson perforning such duties� and the £acility shall be subject to inspection at least once a year by the Cit}�, wtio wi11.�r�scribe_s.inin.um standards% '- — for the maintenance of the facility. Should the Lessee £ail -` to keep the demised prerises in a clean, sightly and healthy .'- '� condition, and after reasonable notice, Lessor may enter the same itself or by its agents or employees without such entry causing or constituting a termination of the Lease or an in- terference with the possession of the premises b� the Lessee, and Lessor may replace the same in the same condition of r.epair, sightliness, healthiness and cleanliness as existed at the date of execution hereof, and Lessee agrees to pay Lessoz'the reasonable expenses of Lessor in thus restoring the premises to that condition. The parties hereto each agree that they sha11 not per- mit, comrnit or suffer �,�•aste or impairment of the neighborhood facility, its site, or any replacement or part thereof. i - j(r� � Section 3- Insurance on Demised Premises (a) Lessee shall procure and maintain during the term of this Lease, fire and e�:tended coverage insurance on 1 i� � C19" z, � � ` � � .1,� �-"`� �' , �i tq �S� Y � A �;� 3. qq '110 the buildino or buildinos comprising the neighborhood facilit}r, in amount sufficient to provide for not less than £u11 recovery tahenever a loss fron perils insured a�ai�st does not exceed Eighty (8C%) p�rcent of the iu11 insurable value of the da*_naged building or btild- ings. Such insurance shall name the Izssor and Lessee as insureds as their interest may appear, and sha11 further include a loss payable clause to the Lessor " as trustee for the Federel government as its interest nay appear, according to the ratio of Federal funds contributed to the develop:nent of the neighborhood facility, in order to provide the funds or a portion thereof for repayment of the Federal grant in the event the Federal government elects to require payment thereof if the facility is destroyed or damaged by fire or other casualty so as to render it unusable. In the event of destruction of the neighborhood facility or such damage as �ai11 render the same unusable, the Lessee shall have a reasonable length of time to rebuild the facility and shall use proceeds of insurar.ce for said purpose. If, after a reasonable length of tir.e the Lessee does not rebuild the facility, then and in that event, the Lease Agreemen� and the obligation of the parties thereunder shall thereupon ter�;i*�ate, an3 the . proceeds of insurance aforesaid sha11 be paid to the ��,� Lessor, Federal Government, and to the Lessee proportion- ,'�, tN`;�t!�,� at� to their financial contribution to its construction. = -- � t ��,, a �� G (b) Lessee sha11 procure and maintain during the term �,: � �`� �- ' of this Lease boiler insurance covering any boiler servic- ��'� ing the facility in an�amount not less than Fifty Thousand �� ;� i.1 � ($50,0�0.0�) Dollars. i ii?� �3 , (c) Lessee shall procure and maintain during the term o£ ��' this Lease fire'and extene7ed coverage insurance on contents, equipment and furnishings within the neighborhood faci2ity� in an anount not less than Fifty Thousand ($50,000.00) Dollars. (d) Lessee sha11 procure and maintain during the te� of this Lease, public liability insurance with limits of not less than One Hundred Thousand ($100,000.00) Dollars for one person and Three Hundred Thousand ($300,000.00) Dollars for more ttian one person involved in one accident to protect the Lessee and the Lessor fron lawsuit for bodily injury and/or death which may arise from operation of the total neighborhood facility, including any or all use of its grounds, structures an3 vehicles, and further ?ncluding the non-owned vehicles operated for the benefit of the neighbor- hood facility. In acidition, Lessee sha11 procure and main- tain during the terr.i of this Lease vehicle property damaoe insurance in amounts of not less than Ten Thousand ($10,G00.00) Dollars. 4. a4-��v (e) All of the insurance policzes required to be naintained by the Lessee hereunder shall be in form and with such companies as are acceptable to the Lessor, and the Lessee shall furnish to the Lessor certificates of insurance or duplicate insurance policies respectino all such insurance. All of such insurance referred to above sha11 nane the Lessor and the Lessee as co-insureds as the?r interest may appear, and proceeds thereof in the event oi insurable loss, shall, subject to the rights of the Federal govern- ment in fire and extended coverage insurance on the building or buildings comprising the neighborhood facility, be paid over to the parties to apply to the repair an3 c ��,laestoration of danaged property, or to payment oi clains arising out of operation of the neighbornood facility. �A�� ` ,�t�Payment of premivms and cost thereof for insurance required ,�l , hereunder shall be made by I,essee with contribution thexeto �� ' ente'xed parties�heretong Agreement to be � `�l . . ! �. � Sectien 4- Reports. Records and Other pocutnents. ;',? " Lessee shall furnish the Lessor with an anaual report " � c.ithin thirty � davs after the close of each calendar year setting =orth a gan2ral accountino of the operatioa of the neighborhood facility, and iaithout linitin� the gen- erality of the foregoi�o, such report sha11 inclu3e: (a) The nar�es and addresses of the officers and directors of its governing body and the principal admin- istrative staff officers operating �aithin the neighborhood facility; (b) A statement of the nature and extent of the activities and progra*a carried out during the preceding year; (c} A certification that it has operated the neigh- borhood facility in accordance �.ith the provisions set forth in Section 1 of this Lease; (d) The status of a11 insurance required to be naintained by the Lessee hereunder; (e) A statement of disbursements and receipts, if any. The Lessee sha11 further submit to the Lessor such other and additional data, reports and copies of records and docu- r�ents relating to its operation of the neighborhood facility 5. R qq-!l�o as Lessor nay reasonably require. Such data, reports, and copies of records and docunents shall, upon submission, become the property of the Lessor. Lessor shall subr�it to Lessee infor�*.tation necessary for the coordination of services to the extent permitted by law. Section 5- Corporate Existence of Lessee. Lessee covenants that it will maintain, extend and, if required, renew its corporate existence under the laws of the State of Minnesota and all franchise, rights and priv- iieges to it granted and upon it conferred, as may be required, and will not do, suffer or permit any act of thing to be done whereby its right to transact its func- tions might or could be ter�inated, or its operations or activities restricted. Section 6- Fees and CY�ar�es. Lessee shall not charge or establish or cause or permit to be charged or established any fees or expenses for serv- ices and benefits fron operations except charges that are related to the ability and in keeping �aith the con- cept of citizen irvolvenent. In any event charges shall be mini�� and related to the cost oi ser�ices and special events. Lessee shall ireely and reasonablp cover�at-with other agencies and_govern.�ental units to use the_£acility or parts the and said agencies and governnen�l units sr�ll pa}� a fair of cost an3 ri�cessary expenses. , �-_ - '" F _ _ - a.._ � �.� 1_ _____.°'-------• - Section 7- Encu_ Taxes and Assessm2nts. Lessee wi11 not voluntarily create, cause or allow to be created ar�y debt, lien, charge or other encw�brance against the neighborhood facility which in any c,ay wi11 im- pair or otherwise adversely af£ect the preservation of said facility for the intended purpose or useful emplo}�r:.ent thereof . The Lessee, subject to its legal rights incident to contest of any such encumbrances, taxes or assessments, shall pay and discharge, or cause to be paid and discharged, s,�hen due, taxes, assessments or other governmental charges la�ofully imposed upon its leasehold in the neighborhood facility or on its operations therefrom, which, if unpaid, may, by 1a�v, become a lien or charge on said facility and thereby impair or otherwise adversely affect the holding of said faci.lity for the purpose herein set forth. The 6. �q'1?b foregoing shall be subject to the right of the Lessee to contest any such taxes, assessments or governnental charges, and incident thereto to withhold pa5�nent of the sama pending the disposition of its challenge to th2 im- pcsition o` such tax, ass2ss:�nt or gover��ental charbe. Special assessments levied for local improvements sha11 be paid by Lessor. Section 8- Fusnishings and E�uipment. � 1' � . �: ti J' The parties covenant, and each shall provide or cause to be provided at the separate expense of each, the furnish- ings and equipment necessary for the effective operation of their respective portions of the neighborhood facility, and each sha11 naintain such equipment in good order and repair, including the replacement•thereof when necessary. Y Section 9- Payment of Utility Charges. The parties shall pay all charges for public utilities, including gas, steam, electric power, water and any sewer or other charge during the term of Chis Lease, pay�en[. to be pursuant to the Operating Agreement to be entereci into between the parties. Section 10 - Re�edies Upon Default If Lessee sha11 vacate or abandon the �emised premises, or permit the same to remain vacant or unoccupied for a period of 120 da}rs, or in the event the Lessee shall commit a breach of its covenants as set forth in Section 1, 2 and 3 of this Lease, upoa failure of Lessee to ratify default within ninety (90} days after notice to Lessee by I,essor of such de£au1t, Lessee's rights to possession of the demised prenises thereupon shall terninate with or without any further notice or deriand whatsoever, and the mere retention of possession thereafter by Lessee sha11 not constitute a_ forceable detainer of said premises, and, if the Lessor so elects, this Lease sha11 thereupon terminate ar.d upon termination of the Lessee's right of possession as afore- said, Lessee agrees to surrender possessioa of the der.tised prer.iises icnmediately without receipt of any notice to quit or demand for possession of the demised premises �ohatsaever, and hereby grants to Lessor full and free license to enter into and upon the premises or any part thereof to take possession thereof and to expel and remove the Lessee, its agents and employees who may be occupying the premises or any part thereof, and such repossession by Lessor shall be as of its former estate, and sha11 not constitute trespass or £orceable entry or detainer nor a�vaiver of covenant, agree- ment of pro�ise in said Lease to be performed by Lessee. 7. qq-'1'ro In WITNESS WHEREOF, The �essor has caused this Lease to be executed for and on its behalf by � its , and has cause its sea to e a ixed thereto an atteste y , its , and t e Lessee s cause t is Lease to�Te - execute or an on its behalf by and , its and � and has cause its corporate seal to e a ixe t ereto, a as of the day and year first above written, but acCually on this day of , 197 . Approved s to Form: � � ,��--��° Assista t! ity'i4tto�ney � tk'itnesses to Execution of Lessor: THE HAT LIE Q. BROk�v CO�I`i��IVITY GE\�ER, I� , � f � , BY' /�% L'�/'� ;. 2� . �-L�� T s /� .�.s��r�,� / � o! �+ ,. �C/ Its �' 8. S CFIEDULE "A" a9 r'�'��o P.11. tliat certain �arcel or p3rcels of land in the City of Saint Paui, Gounty of Ramssy, State of Minn2sota, more par�icnlarly descri�e3 as follo�as: A11 of Lots four (4), five (5) and six_(6) of West Side Annex of Marshall's Subdivision of B1ock tiaenty-seven (27) of Mackubin an3 tiarshall's Addition; All oi Lots seven (7), eight (8), nina (9) and ten (10), an3 part of Lot eleven (11) of t,hiting's Subdivision of Marshall's Sub3ivision of Block t�aenty-seven (27) of Mackt?bin an3 Marshall's Addition; A11 of Lots oae (1), two (2), three (3), four (4), and five (5) and part of Lots six (6), seven (7), and ei�:ht (8) of R.C.L, an3 T.C. Sub3ivision I3o. 1 of rlarshall s Sub3ivision o` Block t�ae�ty-s�ven (27) of N'ackubin an3 Marsha.11's Addition; A11 of Lots eleven (11), twelve (12 an3 thirteen (13) and part of - Lots eight (8), nine (9�, ten (10) and fourteen (14), B1o�k four (4), Au3itor's Subdivision No. 31, and all that part of vacated Iglehart Av�nue. All lying toit'nin t'ne following 3escrib�d lines: Go:TMaencing at the South- w�sterly cori�er of said R.C.L. and T.C. Sub�ivision I�o. 1, b2ing the point of intersection of the Nortn line o` ri rs:�..all Avenue an3 the East line of Kent Street; thence P�orth (assum2d bearing) along the Eas� line of ken� Streat ninety-tcao and ninety-eight hundredtns (92.98) feet to che point of beginnino; the�ce No��h ei$ht�-nine degre2s� £orty-eight minutes, fifty seconds (89 48'S0") Eas= parallel with Marshall Avenue ttao hun3red for�y-seven (247.0) feet; thencP Rorth one hun3red ni.nety-fo•Ir (1°4.0) feet; thence Nor�h eiohty-nine degrees, forty-eight minutes, fifty seconds (89 4S`5�")East one huridred thirty-eight (135.0) feet; thence North one hundrecl seventy-five and sixty-five hund- ' redths (175.65) feet; thence So�ith eighty-n�ne de�rees, - forty-nine minutes, forty-five seconds (89 49'45`) �d�st along the North line of Lots eleven (lI), ten (1�0), nine (9), and eight (8), and seven (7) in said Whiting`s Sub- division two hundred fifty-eight (258.0) feet; t'nence �orth along the East line of Lot four (4} of said West Side Annex seven (7.0) £eet; thence South ei�hty-nine degrees, t�ae? minutes, thirty secoi�3s (89 29`30") SYest alo.zg tn2 North Iine of Lot four (4) oi said �dest Side Annex one hundre3 t�vehty-seven (127.0) �ee�_; �hence South along the East lin2 oi Kent Street t'nree hundred S?VP71LY (376.0) feet ta the point of beginnino. 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