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84-1617 `Nf11TE - GTV CLERK ///��� PINK - FINANCE COUI�CII (J�-/� C.4NARV �DEPARTMENT GITY OF SAINT PAUL Y /� BLUE - MAVOR File NO. � � Council Resolution page 1 � - Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, a capital improvement proposal for money to demolish the Riverside School was reviewed by the Community Facilities Task Force of the Long-Range Capital Improvement Budget (CIB) Committee during the spring of 1983 and the Task Force recommended that alternative uses for the building be explored before demolition be considered; and WHEREAS, the Long-Range Capital Improvement �udget Committee recommended approval of the allocation of $40,000 for demolition of the building in September of 1984 because� no alternative uses had been found; and WHEREAS, after the CIB Committee reviewed the demolition proposal , th� Oneida Community Center expre��ed an ir�terest in the building and an agreement has been reached v�ith the Oneida Community Center to provide them vuith a ten-year lease of the building; and WHEREAS, that agreement includes some use of the building by the City over the term of the lease, $20,000 from the City for capital improvements to the building, and $50,000 from Oneida Community Center for capital improvements to the building; NOW THEREFORE BE IT RESOLVED, by the Council of the City of Saint Paul , upon the request of the Mayor, that execution of the attached agreement with Oneida Community Center be authorized; and BE IT FURTHER RESOLVED that the 1975 Capital Improvement Budget, as heretofore adopted and arr�nded by this Council , is hereby further amendEd �n the following particulars: FROM TO 93075-001 Londin Lane Development $81 ,948.59 93075-011 Riverside Schoal Improvements $20,000.00 93075-999 Restricted Use Account 61 ,948.59 - CONT'D - COUIVCILMEN Requested by Department of: Yeas Nays Fletcher Drew COTl1IClUIllt Services Masanz [n Favor NiCOSia Scheibel __ Against BY � Tedesco Wilson Form Ap ve Ci At ney Adopted by Council: Date � Certified Yassed by Council Secretary BY By� A►pproved by 1�lavor. Date Approve y May or ubmi ion to Counc�JlJ'e�� By WHITE - CI7V CLERK PINK - FINANCE COUnC1I !�y/ CJNA{RV DEPARTMENT GITY OF SAINT PAUL /�// BLUE - MAYOR File NO• � � Council Resolution page z Presented By Referred To Committee: Date Out of Committee By Date Resulting in the following project financing: CURRENT AMENDED FINANCING CHANGE FINANCING 93075-001 Londin Lane Development $81 ,948.59 ($81 ,948.59) -0- 93Q75-011 Riverside School Improvements -0- 20,000.00 $20,000.00 93075-999 Restricted Use Rccount -0- 61 ,948.59 61 ,948.59 Approved as to funding: Appr ved: � / , �� �nance & anagemen Serv�ces Budget Director �� C ya-L 6-P� COUIVCILMEN Requested by Department of: Yeas Nays��( Dre'��SdIVN�F�U '� Communit Services Mesanz —�� In Favor Nicosi��� � � scneibe� _�___ Against Tedesco Wikar► NOV 2 9 198� Form A ove y ity r ey Adopted by Council: Date Certified Yas- d y il Secr r BY B � Appr by lVlavor: Date G�� J ��$�t Approved by Mayo or Sub iss� to Council . B �`"�� PUBLISFiED ��^ ; 1984 �=��i��� AGREEMENT THIS AGREEMENT, is made and entered into this day of , 1984 by and between the City of Saint Paul , a municipal corporation of the State of Minnesota hereinafter referred to as "City" and Oneida Education Center Incorporated, hereinafter called "Center". WITfvESSETH: WHEREAS, the City has declared the Riverside School hereinafter referred to as "Building" a surplus property, and thereby available for lease, and WHEREAS, the Center desires to lease from the City the building for educational and human service programs for the West Seventh Cor�munity and operated by the Center in accordance with the general terms and conditions set forth in this agreement; NC'r1, THEREFORE, in consideration of City Council Resolution # whereby City of Saint Paul will provide Center $20,000 for Capital expenditure at said Building, and whereby the Center will expend approximately an additional $50,000 for capital improvements the City and Center in consideration of the mutual benefits and advantages hereinafter provided for mutual covenants and promises hereinafter set forth, City and Center do hereby agree as follows : 1 . That the term of this Agreement shall be in effect for ten (10) years comr�enci ng the date first vrri tten above and that i n the event the City terminates this agreement prior to its full ten-year term, the City agrees to reimburse the Center for a portion of the Center's capital contribution to the improvements of the Building, based on the following pro-rate schedule: � �-���7 a. If the City terminates the agreement prior to the end of one (1 ) year, the City will reimburse the Center for 100% of the Center's share of the capital improvements; b. if prior to the end of thesecond (2nd) year, 90%; � c. if prior to the end of the third (3rd) year, 80%; d. if prior to the end of the fourth (4th) year, 70%; e. if prior to the end of the fif th (5th) year, 60%; f. if prior to the end of the sixth (6th) year, 50%; g. if prior to the end of the seventh (7th) year, 40%; h. if prior to the end of the eighth (8th) year, 30°�; i . if prior to the end of the nineth (9th) year, 20%; j . if prior to the end of the tenth (lOth) year, 10%. 2. That the Center shall keep the building interior and exterior in good repair and maintenance in accordance with all state and local laws and all costs of the operation, utilities, maintenance and repair of the Building shall be paid entirely by the Center. 3. That the Center shall not be permitted to enter into any lease or assignment agreement transferring to any other entity or organization the control or supervision of its responsibility for leasing, operating, and maintaining the Building or transferring its responsibility for service and programming within the Building without the written consent of the City. 4. That at all times during the period of the Lease Agreement, the Center shall provide and pay for public liability insurance in an -2- @� ��/��i7 amount not less than Six Hundred Thousand ($600,000) for personal injuries or death per occurrence; and property damage in the amount of $100,000 and Fire and Extended coverage in the amount of Six Hundred Thousand ($600,000.00) which insurance shall name the City and Center as co-insureds. 5. That the Center will not charge or establish any fees or expenses for services, benefits or programs except such charges that are related to the cost of services being provided. 6. That upon the termination of the lease or extensions thereof, Center shall yield the demised premises back to the City in the same condition of cleanliness and repair as of one year after the date upon which this lease was first entered into, loss by fire, reasonable wear and tear of any event beyond the Center 's control being expressly excepted. 7. The Center shall place equipment for and provide for the removal of all solid waste generated by Center and City's use of said Building and site. 8. The Center shall have exclusive use of 14 City parking spaces as designated by the City. Hours and days to be set by mutual consent of City and Center. 9. The City shall be responsible for all ordinary grounds maintenance on the site and perimeter snow and ice removal or sanding, with each accumulation of more than two (2) inches of snow, excluding the parking lot and driveways, with Center responsible for snow removal -3- � . �- �/��7 on steps and walkways 1 eading to the publ ic sidewal ks and parking lot. 10. That in consideration of the above numbers 8 and 9; Center agrees to allow City free use of large activity roor�, off of Southwest entrance for Neighborhood recreational activities with hours and days of use to be arranged by mutual consent of City and Center. 11 . Center further agrees to make available to City, access to restroom facilities in close proximity to large activity room. 12. The City's Recreation Director or his designee shall provide supervision for all its programs during City's programming hours. 13. The City shall be responsible for the costs to repair or replace any damage to Building, furnishings or equipment which results from City's use while said pro�rams or activities is under City's control . 14. City and Center shall abide by all such rules and regulations established by either party or by governmental regulations concurrent and future to insure safe sanitary, fire and health protection to all persons using building. 15. The City shall indemnify and save the center harmless from any and all claims of whatever kind that may arise from the City's use of the Building and grounds . 16. That it is hereby agreed that the provisions of all ordinances of the City of Saint Paul pertaining to contractors are hereby made a part of this Agreement. �- ��l i��� 17. That any violation by the Center of any provisions, terms, or conditions of the contract of Lease shall be deemed grounds for immediate cancellation of Lease by City. 18. That upon the expiration of the term of this agreement, the Center shall have the first option, over any other party, to negotiate a renewal of this agreement. ]9. That either party may terminate this Agreement, without cause, upon 120 days' written notice from one party to another. IN 4JITNESS WHEREOF, the parties have set their hands the date first above written and to be inserted by the City's Department of Community Services. APPROVED AS TO FORM: CITY OF SAI�VT PAUL ,� .( � � G ,�. �� � ��, � y z L,�-�" ssistant Cit Attorney Mayor Director, Finance & Management ector, Community Services ONEIDA EDUCATION CENTER, INC. , i / ,;_, � � �, (i BY:' �i�t ��� r;�:,�.n,,�.,;� �,/`:I,t.t �I�Ct ,',(/.� U -�- Ma or's Admi ni strati on '" �/�/� y DEPART(,1ENT Tamsen Aichinger _ �ONTACT � 298-4323 PHONE . � November 26, 1984 DATE ree� � (Routing and Explan�tion Sheet) Assign Nurr�er for Routing Order (Clip All Locations for Ma�yoral Sign�ture): � Department Director City Attorney � Director of Management/Mayor 4 Finance and Management Services Director � � City Clerk � Budget Di rector 3 Chief Accauntant ��hat Will be Achieved by Taking Actfion on the Attached Materials? (Purpose/Rationale): The 1975 Capital Improvement Budget will be amended to allow the remodeling of the Riverside School and thus permit the execution of a service agreement contract with Oneida Corr�nunity Center. The remainder of the Londin Lane Development project ($61 ,948.59) will be transferred to the Restricted Use Account for future allocation. � Financial , Budgetary and Personnel Impacts Anticipated: The only impact will be the amen�+mer.t of the 1975 CIB budget described above. Funding Source and Fund Activity Number Charged or Credited: Funding Source: 1975 Capital Improvement Bonds (93075) Attachments (List and Number all Attachme_ nts1: Council resolution DEPARTMENT REVIEW CITY ATTORNEY REVIEW � x Yes No Council Resolution Required? Resolution Required? Yes No Yes x No Insurance Required? Insurance Sufficient? Yes No �/� Yes X No Insurance Attached? Revision of October, 1982 (See Reverse Side for �Instructions)