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00-609ORIGiNAL Presented By Re£erred to Council File # �� .�q Green Sheet RESOLUTION CITY OF SAINT PAUL, MINNESOTA Il Committee: Date WAEREAS, the City of Saint Paul and Independent School District 625 haue endorsed and supported the concept of joint use of land and facilities, and WI�EREAS, the City, in cooperation with the District is constructing the new Dayton's Bluff Recreation Center for the purpose of enhancing and expanding community recreation, educationai and cultural opportunities, and WHEREAS, the District, in cooperation with the City is constructing the new Achievement Plus School Building Addition for the purpose of expanding educational opportunities, and 9 WIIEREAS, the City is the owner of certain property know as the Dayton's B1uff 10 Recreation Center site and the District is the owner is of certain real property known as the ll Dayton's B1uffElementary School site and said sites are adjoining, and 12 13 VJHEREAS, the City desires to lease a portion of the Dayton's Bluff Elementary School 14 site for the purpose of constructing the new Recreation Center Building, in part on the District's 15 land and connected to DistricPs Elementary School Building, and 16 WHEREAS, the District desires to lease a po��on of the Dayton's Bluff Recreation 17 Center site for the purpose of constructing the new Achievement Plus School Building Addition, 18 in part on the City's land and connected to City's Recreation Center Building. 19 NOW THEREFORE BE IT RESOLVED, that the proper City officials are hereby 20 authorized to enter into the attached lease and joint use operating agreements necessary for the 21 construction and operation of the new Dayton's Bluff Community Recreation Center and the 22 Achievement Plus School Addition. # 1oGS�ift� Page 1 of 2 council �'ile # ORiGINAL Presented By Referred to 0 0 - Coq Green Sheet # (�G 5 �� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Adopted by Council: Date C2�� a \ Adoption Certified by Council Secretary BY �� ? . � � = _�`. Approved by Mayor: Date:�� By: e?.��li� !�r'i�2��r."s' / , � Committee: Date Reque ed by: Divis'on of Parks� By: � ✓' Form Approved by Ci By : � fi��-1 �J �� Approved by Mayor for Submission to Counoil BY ' �rw Page 2 of 2 / � v0 �LO� ✓ DEPARTMENT/OFFICE/COUNCIL — DATEINITIATED GREEN SHEET u NO. 106578 Parks and Recreation June � 6, 2000 GOMACTPEfiSONANDPHONE �NITIAUDATE INITIAVDATE Ken Wehrle 266-6422 � 1 DEPARTMENT DIRECTOR 4 cm couNa� ASSIGN wUMBEp F9R Z CI"fY ATTORNEY QTY CifftK MUST BE ON COUNGIL AGENDA BV (DATq ROUTING OflDER FINANCIALSERVICESDIfl. FlNqNCIALSERVICES 3 MAYOR (OR ASSISTAIJ�� ' PARKS AND RECFEATION TOTAL t OF SIGNAiURE PAGES 1 (CLfP ALL LOCATONS FOR SIGNA7UflE� ACTION REQUESTED: Approval of City Councii Resolution authorizing the proper City Officiais to execute a lease agreement and joint-use agreement with Independent School District No. 625 RECOMMENDATIONS: Appmve (A) or Rejec[ IN PERSONAL SERVICE CONTflACTS MUST ANSH'ER THE FOLLOWING QUESTIONS: � _PLANNIN6 COMMISSION __CIVIL $ERVICE COMMISSION ' �. Nas Nis persoNfirm ever worked under a con[ratt fOr [his department? _CIB COMMITTEE _ YES NO A STAFF 2. Nas this person/firm ever been a city ¢mployee? � — �— YES NO DISTRICT COUNCIL — ^ � 3. �oes Nis person/fi�rti possess a skill no[ nortnally Oossessetl by any w�ren[ ci[y employe¢? SUPPORTSWHtCHGOUNCII�&IECTNE? YES NO Explan all yes enswers on separate sheet anE 2ttach ro greBn shea[. INITIATING PqOBLEM, ISSUE, OPPORTUNIN (Who, What, When, Whe�e, Why): Construction and operation of a portion of new Dayton's Bluff Recreation Center on District property, and construction and operation of a portion of Dayton's Bluff Elementary School addition (Achievement Plus) on City property requires a lease agreement and joint-use operating agreement between City and District. ADVANTAGES�FAPPROVED Construction of new recreation center building and school buiiding additio� properly completed and rules of operation agreed upon. OISAOVANiAGE51F APPROVED None OISADVANTAGES IF NOT qPPflOVED Dayton's Bluff Recreation Center project and Achievement Plus project cannot be properly managed. TOOTAL AMOUNT OF TRANSACTION $ NA COST/REVENUE BUDGEfED (CIRCLE ONE) YES NO FUNDING SOIIRCE ACfIVT' NUMBER '" y RECEIVED FINANCIA4INFORMATION: (EXPLAIM � R@gE}'�PC{1' C'o8S��25 JUN 16 2000 � ' �°� � � �� CITY ATTORNEY ►? � � 00—Co9 LAND LEASE BETWEEN THE CITY OF SAINT PAUL, DAYTON'S BLUFF RECREATION CENTER AND INDEPENDENT SCHOOL DISTRICT, NO. 625 TH{S AGREEMENT, dated this day of , 2000, by and between the City of Saint Paul, Minnesota, a municipal cotporation organized and existing under the laws of the State of Minnesota, hereinaftet� referred to as "C9ty" and Independent School District No. 625, existing pursuant to laws 1965, Chapter 705, as amended, hereinafter referred to as "DistricY'. WITNESSETH: WHEREAS, the District is the owner of certain real property known as the Dayton's Bluff Elementary Schoof site which is focated within the corporate limits of the City of Saint Paul and said property is legally described in Exhibit "A", attached, being a part of this agreement, and WHEREAS, the City is the owner of certain real property known as the Dayton's Bluff Recreation Center site adjoining said Elementary School site and said property is legally described in Exhibit "B", attached, being a part of this agreement, and WHEREAS, the District covenants that it has good and sufficient title to said Dayton's Bluff Elementary Schoof property, and WHEREAS, the City covenants that it has good and su�cient title to said Dayton's Biuff Recreation Center property, and WHEREAS, the City desires to lease from the District a portion of the Dayton's Bluff Elementary School site specified in Exhibit "C", attached, being a part of this agreement, for the purpose of constructing a new Recreation Center Buiiding, constructing a new parking lot, constructing related site work and encompassing the area of the existing City tennis courts, and WHEREAS, the District desires to lease from the City a portion of the Dayton's Bluff Community Recreation Center site specified in Exhibit "C", attached, for the purpose of constructing the Achievement Plus School Building Addition. 00— Co9 NOW THEREFORE, it is mutually agreed by and between District and City as follows: That District hereby leases to the City, in consideration of the paymenf of one (1) dollar and the performance of all other provisions of this agreement, a portion of the Dayton's Bluff Elementary Schooi site, which is more particularly identified by Exhibit "C", attached, for a term of forty (40) years commencing with the date first written above. 2. That City hereby leases to the District, in consideration of the payment of one (1) dollar and the performance of all other provisions of this agreement, a portion of the Dayton's Bluff Recreation Center site, which is more particularly identified by Exhibit "C", attached, for a term of forty (40) years commencing with the date first written above. 3. That City hereby agrees to construct a Recreation Center Building on the site specified in Exhibit "C", attached. City further agrees to construct a parking lot and related sitework on the site specified in Exhibit "C". City further aqrees said Recreation Center building, said parking (ot and said related sitework shall be constructed in accordance with plans and specifications which shail be agreed to by District. All costs associated with said Recreation Center building, parking {ot and related site work construction shall be born by the City. 4. That District hereby agrees to construct a School Building Addition on the site specified in Exhibit "C", attached. District further agrees said School Building Addition shall be constructed in accordance with plans and specifications which shall be agreed to by City. All costs associated with said School Building Addition construction shall be born by the District. That District hereby agrees said Recreation Center Buiiding shall be constructed, in part, on DistricYs property and connected to DistricYs Elementary School building. District further agrees that property leased by the City from the District on which said Recreation Center Building is constructed, as specified in Exhibit "D", attached, shali be subject to the encumbrance and the requirements imposed by Minn. Stat. § 16A.695, as amended from time to time, and cannot be sold or otherwise disposed of by the District without the approva! of the Minnesota Commissioner of Finance, which approval must be evidenced by a written statement signed by the Commissioner of Finance and attached to the deed or instrument used to seil or otherwise dispose of the property. The property shall remain subject to this restriction until (i) the restriction has been fully complied with as evidenced by a written approval from the Minnesota 2 00 -Loq Gommissioner of Finance, or (ii) a written release, re{easing the property from the restriction, signed by the Minnesota Commissioner of Finance, is recorded in the real estate records relating to the property. 6. That City hereby agrees said Schooi Buiiding Addition shall be constructed, in part, on City's property and connected to City's Recreation Center Building. 7. That District hereby agrees existing City tennis courts shall remain on site specified in Exhibit "C", attached. 8. The City and District agree to indemnify and hold harmless the other from and against all ciaims of whatever kind that may arise from the City's use of the District's building and grounds during construction of the City's Recreation Center Buiiding and related site work and from the District's use of the City's building and grounds during construction of the DistricYs School Building Addition. It shall further be required that during construction, the City and District each require their contractors to insure against damage to the others buiidings, grounds, utiiities and any other liability created as the result of the others construction and that the City and District each be named in the others insurance and pertormance bond documents. 9. The City sha1V include the following afarm systems in its Recreation Center buiiding construction: 9.1 Cold Temperature Sensor Svstem: City shall install a coid temperature sensor system in the Recreation Center Building and monitor its system untii the School Suilding Addition is complete and operational. The system shali be designed and installed to be compatible with the Districts's and, at completion of the school addition, City shall at City's expense connect its system to the Districts' system. 92 Security System: City shall install a security system in the Recreation Center Building and monitor its system until the School Building Addition is complete and operational. The system shall be designed and installed to be compatible with the District's and, at completion of the school addition, City shal{ at City's expense connect its system to the District's system. ao - co9 9.3 Provisions for monitoring City's alarm systems shall be addressed within the provisions of the Joint-Use -Agreement described in paragraph #10 below. 10. That the use and operation of said Recreation Center Building, said Schooi Building Addition, said parking lot and said tennis courts be governed by a separate Joint-Use-Agreement between City and District. Should said Joint-Use-Agreement be dissolved or otherwise become null and void, this Lease shail also become null and void and the property leased by the City from the District and the property leased by the District from the City, as described in Exhibit "C", shail revert to its respective owners along with any improvements to said property. The Joint-Use- Agreement is attached to this Lease and is incorporated hereto along with all succeeding Joint Use agreements, as weli as any revisions or amendments. 11. That any improvements or alterations affecting the leased District's grounds or improvements shali require the written approval of DistricYs Executive Director of Plant Planning and Maintenance. 12. That any improvemenis or aiterations affecting the ieased City's grounds or improvements shall require the written approval of the Superintendent of Parks and Recreation or hisiher designee. 13. That in the event there is any prior existing lease agreement between District and City (or its predecessor in interest) covering said properties, is agreed and understood that this Lease shafl cancel and terminate any prior leases as of the effective date of this lease. 14. That any amendments to this Lease shall require the review and approval of the legal counse! of both District and City. It is further conditioned that no amendment(s) shail be made to this Lease without approval of the governing bodies of both District and City. 15. That in the event District or Gity, or both parties, shaA determine to discontinue their use of the Schooi Building or Recreation Center building or site, said action shafl be pursuant to Board of Education Policy dated November 6, 1985, entitied Building and Grounds/disposal, and pursuant to City of Saint Paul Policy dated March 21, 1977, City Council Resolution 268764, entitled Surplus Real Estate Disposition. aa -�d9 APPROVAL AS TO FORM CITY OF SAINT PAUL Assistant City Attorney Mayor BY= Director of Financial Services Director of Parks and Recreation By: City Clerk INDEPENDENT SCHOOL DISTRICT #625, St. Paul Public Schoois APPROVAL AS TO FORM By: District General Council Chair � Clerk 00 -co9 EXHiBIT "A" Legal Description ofi Dayton's Bluff Elementary School Site Lots 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19, Block 1, Wilder & Dodge's Subdivision of Block 48 of Lyman Dayton's Addition, according to the recorded plat thereof, Ramsey County, Minnesota, together with the southeasterly half of vacated Surrey Avenue lying adjacent to said Lots 8, 9, 10, and 11; and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15, Block 47, Lyman Dayton's Addition to Saint Paul, according to the recorded plat thereof, Ramsey County, Minnesota together with the northwesteriy halfi of vacated Surrey Avenue Iying adjacent to said Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 and together with the southwesterly half of vacated Maple Street lying between the southerly line of Conway Street and the centerline of Surrey Avenue extended northeasterly. � �- ao -co°t EXHIBIT "B" Legal Description of Dayton's Bluff Community Recreation Center Site Lots 1, 2, 3, 4, 5, 6, 7, 20, 21, 22, 23, 24, 25, and 26, Block 1 WILDER AND DODGE'S SUBDIVISION OF BLOCK 48 OF LYMAN DAYTON'S ADDITION TO THE CITY OF ST. PAUL, according to the recorded plat thereof and on file and of record in the office of the County Recorder in and for Ramsey County, Minnesota; and That part of vacated Maple Street lying southerly of the westerly extension of the northerly line of Lot 5, KENNEDY'S SUBDIVISION OF PART OF BLOCK 82 OF LYMAN DAYTON'S ADDITION TO ST. PAUL, according to the recorded plat thereof on file and of record in the office of the County Recorder in and for Ramsey County, Minnesota, and lying northwesterly of the southeasterly line and its northeasterly extension of Biock 1, WILDER AND DODGE'S SUBDIVISION OF BLOCK 48 OF LYMAN DAYTON'S ADDITiON TO THE CiTY OF ST. PAUL, according to the recorded plat thereof on file and of record in the office of the County Recorder in and for said Ramsey County, Minnesota, except that part of the southwesterly half of vacated Maple Street lying northwesterly of the northeasterly extension of the centerline of vacated Surrey Avenue; and That part of the southeasterly half of vacated Surrey Avenue lying northeasterly of the southwesterly line of Lot 7, Block 1, extended northwesterly and lying southwesterly of the southwesterly line of vacated Maple Street, all in WILDER AND DODGE'S SUBDIVISION OF BLOCK 48 OF LYMAN DAYTON'S ADDITION TO THE CITY OF ST. PAUL, according to the recorded plat thereof on file and of record in the offce of the County Recorder in and for Ramsey County, Minnesota, (subject to sewer easement, document number 1573848); and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12, KENNEDY'S SUBDIVISION OF PART OF BLOCK 82 OF LYMAN DAYTON'S ADDITION 70 ST. PAUL, according to the recorded plat thereof on file and of record in the office of the County Recorder in and for Ramsey County; and The North 50 feet of the East 100 feet of Block 82, and the South 43.6 feet of the North 93.6 feet of the East 100 feet of Biock 82, and the South 43.6 feet of the North 137.2 feet of the East 100 feet of Block 82, and the North 44 feet of the South 131.8 feet of the East 100 feet of Block S2, and the South 43.5 feet of the North 87.8 feet of the South 131.8 feet of the East 100 feet of Block 82, and the South 44 feet of the East 100 feet of Block 82, and the West 50 feet of the East 150 feet of the North 134 feet of Block 82, and the 50 feet West of the East 300 feet of the North 134 feet of Block 82, and the West 50 feet of the East 400 feet of the North 134 feet of Block 82, all in LYMAN DAYTON'S ADDITION TO ST. PAUL, according to the recorded plat thereof on file and of record in the o�ce of the County Recorder in and for Ramsey County, Minnesota. 7 oo-�eq ` � � � w w � � � > a 3 2 O U BATE$ AVENUE � ao -� �`� � � w w � � N T Q � 2 O U BATES AVENUE \ OO - `oR d01 NT-U SE-AGftEEMENT BETWEEN THE CITY OF SAINT PAUL, DAYTON'S BLUFF RECREATION CENTER AND INDEPENDENT SCHOOL DISTRICT, NO. 625 THIS AGREEMENT, dated this day of , 2000, by and between the City of Saint Paul, Minnesota, a municipal corporation organized and existing under the laws of the State of Minnesota, hereinafter referred to as "City" and independent School District No. 625, existing pursuant to laws 1965, Chapter 705, as amended, hereinafter referred to as "DistricF'. WITNESSETH: WHEREAS, District and City have entered into a Land Lease for certain Districi owned property adjacent to District's Dayton's Bluff Elementary School and fior certain City owned property adjacent to City's Dayton's Bluff Recreation Center, and WHEREAS, District and City agree that the use of said {and and any improvements thereto shail be contracted through a formalized "Joint-Use-Agreement". NOW THEREFORE, it is mutually agreed by and beiween District and City as follows: . USE 1.1 District shall have exclusive use of DistricYs School Building and District Grounds, except as specified in article 1.3 below (see ATTACHMENT "A"). 1.2 City shall have exciusive use of City's Recrea#ion Center Building and City grounds (see ATTACHMEfVT "A"). 1.3 City shall have exclusive use of theater support spaces in District's School Buiiding-green room, two (2) dressing rooms and storage space. Oo - �04 1.4 District shail have access to the use of City's Recreation Center building during normal schooi hours of the school year. District further shall, after the City's activifies have been satisfied, have first psiority in use of City's said Recreation Center building and City grounds. All long term use by District shail be by permit approved by the Director of Parks and Recreation or his/her designee and said permit shall identify the space authorized for use, and the terms and conditions based on the City's current policy for use of City facilities by community organizations. City's Recreation Director may authorize short term intermittent use of space by District. 1.5 City shall have access to the use of DistricYs School Building and District grounds. City further shall, after District and Achievement Plus educational programs have Been satisfied, have first priority in the use of DistricYs said School Buiiding and District grounds. All iong term use by City shall be by permit approved by and through the DistricYs permit office and said permit shall identify the space authorized for use and the terms and conditions based on the Board of Education's current policy for use of school facilities by community organizations. DistricYs School Principal may authorize short term intermittent use of space by City. 1.6 District and City shall use said School Building, Recreation Center and grounds for such related lawful activities which wouid be common to that type of facility. 1.7 District and City shall cooperate and consuit with each other in determining additional uses of space in the Recreation Center building by District and uses of space in the School Building by the City. 2. OPERAT{ON 2.1 City shall be responsible for the costs of operating and maintaining the Recreation Center building except, the District shal! be responsible for paying 33% of utility and maintenance costs of the spaces in said Recreation Center buiiding used on a daily basis by District inciuding, main entrance/common area, multipurpose room, gym and theater. Said 'costs will be based on the City's identified maintenance and ut+4ity costs per square foot, times the square foot area of fhe Recreation building used by the District. District's use of said Recreation Center building and associated utility and maintenance costs will be reviewed annually by District and City. flo- 609 2.2 City or District shall be responsible for costs to any damage to either party's buiiding, grounds, equipment, exclusive of normal wear and tear, said facility is under their use. repair or rep{ace furnishings or which occurs while 2.3 City's Recreation Center building and the District's theater support spaces shall be af all times under the responsibility of the Recreation Director or designee. 2.4 City's Recreation Director or designee shall provide fuil time supervision for ail of its programs at ail times. Further, said supervisor shall be responsible for surveying the condition of the buiiding(s) both interior and exterior each day prior to commencing with the City's programs and shall identify and report to his/her supervisor on a daily basis any and all damages to said building(s), grounds, furnishings or equipment noted or which occurs while in the City's use. 2.5 DistricYs School Building shail at all times be under the responsibility of the School Administrator (Principal) or designee. 2.6 District's School Principal or hisiher designee shall provide fuil time supervision for all school programs at all times. Further, said School Principal or designee shali be responsible for surveying the condition of the building(s) both interior and exterior each day prior to commencing with the DistricYs programs and shall identify and report to the Executive Director of Plant Planning and Maintenance on a daily basis any and ail damages to said building{s), grounds, furnishings and equipment noted or which occurs while in the Districi's use. 2.7 District shall be responsibie for setting up and taking down necessary furniture and equipment when using City Recreation Center building. 2.8 Achievement Plus Site Coordinator may be placed in responsibie charge of the DistricYs School Building and/or the City's Recreation Center building at times when the School Administrator and /or the Recreation Director is not available. 00-�09 2.9 City's Recreation Director and Districf's School Principal shall meet with the Achievement Plus Site Coordinator at least four times per year for the purpose of coordinating the use of DistricYs School Building and District grounds, the City's Recreation Center and City grounds, and any space designated by either party for the Achievement Plus Community School. 2.10 District's School Principal and City's Recreation Director shall coordinate all aspects of DistricYs and City's operations on the site. Such coordination shall include but not be limited to: 2.10.1 Operation of District's program within the Recreation Center and/or on City grounds. 2.10.2 Operation of City's program within School Building andfor on District grounds. 2.10.3 Short term use of District space by City or of City space by District. 2.10.4 Evening activities at each facility for coordination of parking. 2.10.5 Vandalism of buildings. 2.1 �.6 Access issues. 2.10.7 Grounds issues. 2.10.8 Parking issues. 2.10.9 Safety and security issues. 2.11 City shail designate and reserve ten (10) parking stalis in City parking lot for daytime Recreation Center programming. DistricYs School Principal shall instruct school staff and visitors not to park in City's designated parking areas during hours of the Recreation Center operation. The location and number of reserved stalls may be adjusted per mutual agreement of District and City as specified in paragraph 2.10 above. 2.12 City's Recreation Director shail instruct staff and visitors not to park in District's designated parking areas during hours of schooi. 2.13 District and City shall abide by all such rules and regulations mutually agreed to and established by either party or by governmental regulations current and future to insure safe, sanitary, fire and health•protection to ali persons. 0 00 —(.09 3. MAINTENANCE and HOUSEKEEPWG 3.1 District shall be responsible for providing all maintenance, repairs and housekeeping for the interior and exterior of School Suifding, including the Achievement Plus School Addition 3.2 District shall provide daily housekeeping sesvices for the common areas of the City Recreation Center building, including entrance and corridor. Further, District shall provide housekeeping services on an as-use basis for the theater and gymnasium in said City Recreation Center Building. Housekeeping of theater and gymnasium shall be completed after District use but prior to regularly scheduled programming of Recreation Center (see ATTACHMENT "B"). 3.3 District shall be responsible for policing of District grounds. Further, District shall daily police District and City parking lots anc City tot IoUplay area. Policing of parking lots and tot lot(play area shail be completed after District's daily use (see ATTACHMENT ,�A )• 3.4 District shall be responsible for snow and ice removal on steps, wafkways and parking lots on District grounds. Further, District shall be responsible for snow and ice removal in parking lot on City's grounds. Snow shali be removed after each officially deciared Gity snow emergency. The Gity and District sha14 jointly review the results of the provisions of this paragraph after two snow seasons have occurred. 3.5 City shall be responsible for providing ail routine maintenance and repairs for the interior and e�erior of Recreation Center building. Further, City shali be responsible for ail major kinds of building maintenance and repairs such as renovation, remodefing and replacement of said Recreation Center bui{ding. 3.6 City shall be responsibie for providing custodial engineering and housekeeping services for Recreation Center building, except as specified in paragraph 3.2 above. 3.7 City shali be responsible for policing of City grounds, including parking lot, except as specified in paragraph 3.3 above (see ATTACHMENT "A"). oc - 6oq 3.8 City shafi be responsible for ail ordinary maintenance of City's grounds-this shall not include weed control or fertilization. Further, City shali be responsible for ali snow and ice removal on steps and walkways on City grounds after each accumulation of one (1) inch or more. 3.9 City sha(I be responsible for all snow and ice removal on public sidewaiks adjacent to and bordering District and City grounds as bounded by Bates Avenue, Conway Street, Mendota Street and Euciid Street (see ATf"ACHMENT "A"). 3.10 City shall place equipment for and provide for the removal of al1 solid waste generated by the City's operation of its Recreation Center building and grounds. 3.11 District shall place equipment for and provide for the removal of all solid waste generated by the DistricYs operation of its School buiiding and grounds. 4. ALARM SYSTEMS 4.1 City shail have instailed various alarm systems in the Recreation Center Building at City's expense. Alarm systems shall consist of: 4.1.1 A fire alarm system which is a"stand alone" system with provisions for future connections to DistricYs monitoring service. 4.1.2 A cold temperature sensor system monitored by City's monitoring service until such time that the school building addition is completed. At completion of the school building addition City shall connect its cold temperature sensor system to DistricYs. 4.1.3 A security system monitored by City's monitoring service until such time that the school building addition is compieted. At completion of the school building addition City shali connect its security system to District's. 4.2 Upon connection to DistricYs monitoring service, each ofi the above alarm sys#ems (paragraph 4.1 above) shali be monitored on a twenty-four (24) hour basis by DistricYs central security office. �4 Oo -�� 5. INDEMNITY The City and District agree to indemnify and hold hasmless the other from and against all claims of whatever kind that may arise from the City's use of the DistricYs buifding and grounds and from the District's use ofi the City's building and grounds. 6. INSURANCE The City sha41 insure the City's building and its contents for {iability, fire and comprehensive coverage. insurance limits shali be subject to the tort ciaims liability limits as set forth in Chapter 466 of Minnesota Statutes. 7. LAND LEASE That the lease of land by District to City for City's Recreation Center Building, parking lot, tennis courts and re4ated improvements and the lease of land by City to District for DistricYs Achievement Plus School Building addition shali be the subject of a separate Land Lease which is by its reference incorporated herein, along with any succeeding Agreements as well as any revisions or amendments to said Land Lease. 8. AMENDMEN7S 8.1 Any improvements or alterations affecting the District's facilities or grounds shafl require written approval by the Executive Director of School Plant Planning and Maintenance. 8.2 Any improvements or alterations affecting the City's.Recreation Center buiiding shall require written approval by the Director of Parks and Recreation. 8.3 City and District acknowiedge that an Achievement Plus Building Addition is being constructed by the District on DistricYs propefij and adjacent to City's Recreation Center building. City and District agree to amend this Joint-Use-Agreement as necessary for operation of said Achievement Plus Building Addition. 8.4 That the proper authorized District and City administrative personnel responsible for administering of this agreement are herewith authorized to make amendments to the Joint-Use- Agreement subject to mutual written agreement by both parties, and further subject to the review and approvai by legal counsel of both the District and City. Ob —60°1 REQUIRED REVIEW 9.1 This agreement shall be periodically reviewed by the parties and sha41 be updated and kept current in terms of contemporary use standards and terms. F2eviews may be initiated as needed by the City or District giving written notice to the other party; however, if a period of five (5) years has elapsed since the last review, a mandatory review sha11 be initiated by the District. 9.2 Further, the District shall initiate a mandatory review of this joint- use-agreement in the twelve (12) month period prior to expiration of this agreement. 10. TERM and RENEWA� 10.1 In the event there is any prior existing joint-use-agreement between District and City (or its predecessor in interest) covering the Dayton's Bluif Elementary School and the Dayton's Bluff Recreation Center sites, it is agreed and understood that this joint- use-agreement shall cancel and terminate any prior agreements as of the effective date of this joint-use-agreement. 102 This joint-use-agreement shall be for a term of forty (40) years commencing on the date first written above. Should a formal review as specified in paragraph 9.2, above not take place in the twelve (12) month period prior to expiration of this agreement, this agreement shall be automatically extended for a period of five (5) years. Following the five (5) year extension period, further extensions of this agreement must be agreed to in writing by City's Director of Parks and Recreation and DistricYs Executive Director of Piant Planning and Maintenance. It is agreed and understood that said renewals and extensions shall be considered amendments to this agreement, as specified in paragraph 8, above. 10.3 That District or City may initiate a request to terminate said agreement by giving written notice to the other party three hundred sixty-five (365) days prior to cancellation or termination to which both parties mutually agree. 10.4 In the event the District or City , or both parties, shall determine to discon#inue their use of the Dayton's Bluff Elementary Schooi, Dayton's Bluff Community Recreation Center or site, said action shall be pursuant to Board of Education Policy dated 00 -co9 November 6, 1985, entitled Building and Grounds/disposal, and pursuant to City of Saint Paul Policy dated March 21, 1977, City Council Resolution 268764, entitled Surpfus Real Esfate Disposition. APPROVAL AS TO FORM CITY OF SAINT PAUL By: Assistant City Attorney Mayor By: Director of Financial Services By: Director of Parks and Recreation INDEPENDENT SCHOOL DISTRICT #625, St. Paul Public Schoofs APPROVAL AS TO FORM By: District General Council Chair � Clerk F] a � z W � V � Q � W N 3 �o0ir. � sa' ♦ J � z OOOOQO000000 00 O 00000000000 JOO� � OOOOOOOOOO JOOO 000000000 000 < U O O OOOCf�000 0000 c OOOOp7o00o0000 o00C�0oo o00n � 000�0000000 O JO00 O�O 000 OOt 000��0000000 000 000 000 000 00� OOOOap000000 000 0000�000 000 00� 000�0000000 000 0 000 >0000a00000000000 � � � � � � � � � � ' • � � • ��rl • • � r � � • • � • � � • � � � � � • • • • • • � • ��• • � � � ' � • � � � �' • • Si . • . � � �� • • •� •- �y � ��• •� °�� ?1� • � � � �� • • • - � � � r �i • � � r i • � t � � " ♦ ' " •��.� r�� • i �! •�o •�� .i�,. ! . .�Q,. !�. . . . --= W � � O U W 13 ��1 � S b1 \ O p � � ¢ a r f- J m N Z O a � w Y K F- U m T 2 N � U 2 J J O m O a vr a � O ti W Z p a U W O Z � N p Z U � Z F Q U � 6 � W Z � E j Z < N 1/� � Q �n 4- k- CJ E F V U N N U N In h r f 0 o u u o � � � � � F z \ 00 _�og m D � m N D < frl Z C r*t CONWqy STREET EUCLID STREET � NORTH i�0�. -1 � � �� ;�,'' � � DISTRICT'S GROUNDS DISTRICT"S MAINTENANCE RESPONSIBILITY CITY'S GROUNDS CITY'S MAINTENANCE RESPONSIBILITY i � DISTRICT'S AND CITY'S JOINT POLICING RESPONSIBILITY (ARTICLES 3.3 >. r i � � CON Wq y PARKING LOT � � I Z ACNIEVEMENT PWS � SCROOL ADDITION r � ¢ w a 0 � a I m D m I DAYTON'S BLUFF � i ELEMENTARY SCHOOL D Z I � i;.._: m � NORTH EUCLID STREET uNe -- ¶':� ------ /� ��. i � TENNIS COU[3TS � � DAYTON'S BLUFF RECREATION D � CENTER _ 1 � � w z J � F � W a 0 � a STREET - AREA LEASED BY SCHOOL DISTRICT FROM CITY � AREA LEASED BY CITY FROM SCHOOL DISTRICT PLAY AREA S( � --- PROPERTY LINE ------ o� -�09 � EXHIBIT "C" r i � � i � Z ACMIEVEMENT PLUS � SCHOOL ADDITION r r � w O � a m �_ D � i ri � I D � Z io m � CONWqY -�_— DAYTON'S BLUFF ELEMENTARY SCHOOL STREET PARKING LOT UNE -- —�— �.�_'_-_-- � ��'� / CO R / / / VI DAYTON'S BWFF RECREATION D CENTER 0 � PLAY z AREA J } F � W a 0 a � J S( -------PROPERTY LINE ------ � NORTH EUCLID STREET - PORTION OF DAYTON'S BLUFF RECREATION CENTER CONSTRUCTED ON DISTRICT PROPERTY (ARTICLE 5) 00 -�o� � EXHIBIT "D" ORIGiNAL Presented By Re£erred to Council File # �� .�q Green Sheet RESOLUTION CITY OF SAINT PAUL, MINNESOTA Il Committee: Date WAEREAS, the City of Saint Paul and Independent School District 625 haue endorsed and supported the concept of joint use of land and facilities, and WI�EREAS, the City, in cooperation with the District is constructing the new Dayton's Bluff Recreation Center for the purpose of enhancing and expanding community recreation, educationai and cultural opportunities, and WHEREAS, the District, in cooperation with the City is constructing the new Achievement Plus School Building Addition for the purpose of expanding educational opportunities, and 9 WIIEREAS, the City is the owner of certain property know as the Dayton's B1uff 10 Recreation Center site and the District is the owner is of certain real property known as the ll Dayton's B1uffElementary School site and said sites are adjoining, and 12 13 VJHEREAS, the City desires to lease a portion of the Dayton's Bluff Elementary School 14 site for the purpose of constructing the new Recreation Center Building, in part on the District's 15 land and connected to DistricPs Elementary School Building, and 16 WHEREAS, the District desires to lease a po��on of the Dayton's Bluff Recreation 17 Center site for the purpose of constructing the new Achievement Plus School Building Addition, 18 in part on the City's land and connected to City's Recreation Center Building. 19 NOW THEREFORE BE IT RESOLVED, that the proper City officials are hereby 20 authorized to enter into the attached lease and joint use operating agreements necessary for the 21 construction and operation of the new Dayton's Bluff Community Recreation Center and the 22 Achievement Plus School Addition. # 1oGS�ift� Page 1 of 2 council �'ile # ORiGINAL Presented By Referred to 0 0 - Coq Green Sheet # (�G 5 �� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Adopted by Council: Date C2�� a \ Adoption Certified by Council Secretary BY �� ? . � � = _�`. Approved by Mayor: Date:�� By: e?.��li� !�r'i�2��r."s' / , � Committee: Date Reque ed by: Divis'on of Parks� By: � ✓' Form Approved by Ci By : � fi��-1 �J �� Approved by Mayor for Submission to Counoil BY ' �rw Page 2 of 2 / � v0 �LO� ✓ DEPARTMENT/OFFICE/COUNCIL — DATEINITIATED GREEN SHEET u NO. 106578 Parks and Recreation June � 6, 2000 GOMACTPEfiSONANDPHONE �NITIAUDATE INITIAVDATE Ken Wehrle 266-6422 � 1 DEPARTMENT DIRECTOR 4 cm couNa� ASSIGN wUMBEp F9R Z CI"fY ATTORNEY QTY CifftK MUST BE ON COUNGIL AGENDA BV (DATq ROUTING OflDER FINANCIALSERVICESDIfl. FlNqNCIALSERVICES 3 MAYOR (OR ASSISTAIJ�� ' PARKS AND RECFEATION TOTAL t OF SIGNAiURE PAGES 1 (CLfP ALL LOCATONS FOR SIGNA7UflE� ACTION REQUESTED: Approval of City Councii Resolution authorizing the proper City Officiais to execute a lease agreement and joint-use agreement with Independent School District No. 625 RECOMMENDATIONS: Appmve (A) or Rejec[ IN PERSONAL SERVICE CONTflACTS MUST ANSH'ER THE FOLLOWING QUESTIONS: � _PLANNIN6 COMMISSION __CIVIL $ERVICE COMMISSION ' �. Nas Nis persoNfirm ever worked under a con[ratt fOr [his department? _CIB COMMITTEE _ YES NO A STAFF 2. Nas this person/firm ever been a city ¢mployee? � — �— YES NO DISTRICT COUNCIL — ^ � 3. �oes Nis person/fi�rti possess a skill no[ nortnally Oossessetl by any w�ren[ ci[y employe¢? SUPPORTSWHtCHGOUNCII�&IECTNE? YES NO Explan all yes enswers on separate sheet anE 2ttach ro greBn shea[. INITIATING PqOBLEM, ISSUE, OPPORTUNIN (Who, What, When, Whe�e, Why): Construction and operation of a portion of new Dayton's Bluff Recreation Center on District property, and construction and operation of a portion of Dayton's Bluff Elementary School addition (Achievement Plus) on City property requires a lease agreement and joint-use operating agreement between City and District. ADVANTAGES�FAPPROVED Construction of new recreation center building and school buiiding additio� properly completed and rules of operation agreed upon. OISAOVANiAGE51F APPROVED None OISADVANTAGES IF NOT qPPflOVED Dayton's Bluff Recreation Center project and Achievement Plus project cannot be properly managed. TOOTAL AMOUNT OF TRANSACTION $ NA COST/REVENUE BUDGEfED (CIRCLE ONE) YES NO FUNDING SOIIRCE ACfIVT' NUMBER '" y RECEIVED FINANCIA4INFORMATION: (EXPLAIM � R@gE}'�PC{1' C'o8S��25 JUN 16 2000 � ' �°� � � �� CITY ATTORNEY ►? � � 00—Co9 LAND LEASE BETWEEN THE CITY OF SAINT PAUL, DAYTON'S BLUFF RECREATION CENTER AND INDEPENDENT SCHOOL DISTRICT, NO. 625 TH{S AGREEMENT, dated this day of , 2000, by and between the City of Saint Paul, Minnesota, a municipal cotporation organized and existing under the laws of the State of Minnesota, hereinaftet� referred to as "C9ty" and Independent School District No. 625, existing pursuant to laws 1965, Chapter 705, as amended, hereinafter referred to as "DistricY'. WITNESSETH: WHEREAS, the District is the owner of certain real property known as the Dayton's Bluff Elementary Schoof site which is focated within the corporate limits of the City of Saint Paul and said property is legally described in Exhibit "A", attached, being a part of this agreement, and WHEREAS, the City is the owner of certain real property known as the Dayton's Bluff Recreation Center site adjoining said Elementary School site and said property is legally described in Exhibit "B", attached, being a part of this agreement, and WHEREAS, the District covenants that it has good and sufficient title to said Dayton's Bluff Elementary Schoof property, and WHEREAS, the City covenants that it has good and su�cient title to said Dayton's Biuff Recreation Center property, and WHEREAS, the City desires to lease from the District a portion of the Dayton's Bluff Elementary School site specified in Exhibit "C", attached, being a part of this agreement, for the purpose of constructing a new Recreation Center Buiiding, constructing a new parking lot, constructing related site work and encompassing the area of the existing City tennis courts, and WHEREAS, the District desires to lease from the City a portion of the Dayton's Bluff Community Recreation Center site specified in Exhibit "C", attached, for the purpose of constructing the Achievement Plus School Building Addition. 00— Co9 NOW THEREFORE, it is mutually agreed by and between District and City as follows: That District hereby leases to the City, in consideration of the paymenf of one (1) dollar and the performance of all other provisions of this agreement, a portion of the Dayton's Bluff Elementary Schooi site, which is more particularly identified by Exhibit "C", attached, for a term of forty (40) years commencing with the date first written above. 2. That City hereby leases to the District, in consideration of the payment of one (1) dollar and the performance of all other provisions of this agreement, a portion of the Dayton's Bluff Recreation Center site, which is more particularly identified by Exhibit "C", attached, for a term of forty (40) years commencing with the date first written above. 3. That City hereby agrees to construct a Recreation Center Building on the site specified in Exhibit "C", attached. City further agrees to construct a parking lot and related sitework on the site specified in Exhibit "C". City further aqrees said Recreation Center building, said parking (ot and said related sitework shall be constructed in accordance with plans and specifications which shail be agreed to by District. All costs associated with said Recreation Center building, parking {ot and related site work construction shall be born by the City. 4. That District hereby agrees to construct a School Building Addition on the site specified in Exhibit "C", attached. District further agrees said School Building Addition shall be constructed in accordance with plans and specifications which shall be agreed to by City. All costs associated with said School Building Addition construction shall be born by the District. That District hereby agrees said Recreation Center Buiiding shall be constructed, in part, on DistricYs property and connected to DistricYs Elementary School building. District further agrees that property leased by the City from the District on which said Recreation Center Building is constructed, as specified in Exhibit "D", attached, shali be subject to the encumbrance and the requirements imposed by Minn. Stat. § 16A.695, as amended from time to time, and cannot be sold or otherwise disposed of by the District without the approva! of the Minnesota Commissioner of Finance, which approval must be evidenced by a written statement signed by the Commissioner of Finance and attached to the deed or instrument used to seil or otherwise dispose of the property. The property shall remain subject to this restriction until (i) the restriction has been fully complied with as evidenced by a written approval from the Minnesota 2 00 -Loq Gommissioner of Finance, or (ii) a written release, re{easing the property from the restriction, signed by the Minnesota Commissioner of Finance, is recorded in the real estate records relating to the property. 6. That City hereby agrees said Schooi Buiiding Addition shall be constructed, in part, on City's property and connected to City's Recreation Center Building. 7. That District hereby agrees existing City tennis courts shall remain on site specified in Exhibit "C", attached. 8. The City and District agree to indemnify and hold harmless the other from and against all ciaims of whatever kind that may arise from the City's use of the District's building and grounds during construction of the City's Recreation Center Buiiding and related site work and from the District's use of the City's building and grounds during construction of the DistricYs School Building Addition. It shall further be required that during construction, the City and District each require their contractors to insure against damage to the others buiidings, grounds, utiiities and any other liability created as the result of the others construction and that the City and District each be named in the others insurance and pertormance bond documents. 9. The City sha1V include the following afarm systems in its Recreation Center buiiding construction: 9.1 Cold Temperature Sensor Svstem: City shall install a coid temperature sensor system in the Recreation Center Building and monitor its system untii the School Suilding Addition is complete and operational. The system shali be designed and installed to be compatible with the Districts's and, at completion of the school addition, City shall at City's expense connect its system to the Districts' system. 92 Security System: City shall install a security system in the Recreation Center Building and monitor its system until the School Building Addition is complete and operational. The system shall be designed and installed to be compatible with the District's and, at completion of the school addition, City shal{ at City's expense connect its system to the District's system. ao - co9 9.3 Provisions for monitoring City's alarm systems shall be addressed within the provisions of the Joint-Use -Agreement described in paragraph #10 below. 10. That the use and operation of said Recreation Center Building, said Schooi Building Addition, said parking lot and said tennis courts be governed by a separate Joint-Use-Agreement between City and District. Should said Joint-Use-Agreement be dissolved or otherwise become null and void, this Lease shail also become null and void and the property leased by the City from the District and the property leased by the District from the City, as described in Exhibit "C", shail revert to its respective owners along with any improvements to said property. The Joint-Use- Agreement is attached to this Lease and is incorporated hereto along with all succeeding Joint Use agreements, as weli as any revisions or amendments. 11. That any improvements or alterations affecting the leased District's grounds or improvements shali require the written approval of DistricYs Executive Director of Plant Planning and Maintenance. 12. That any improvemenis or aiterations affecting the ieased City's grounds or improvements shall require the written approval of the Superintendent of Parks and Recreation or hisiher designee. 13. That in the event there is any prior existing lease agreement between District and City (or its predecessor in interest) covering said properties, is agreed and understood that this Lease shafl cancel and terminate any prior leases as of the effective date of this lease. 14. That any amendments to this Lease shall require the review and approval of the legal counse! of both District and City. It is further conditioned that no amendment(s) shail be made to this Lease without approval of the governing bodies of both District and City. 15. That in the event District or Gity, or both parties, shaA determine to discontinue their use of the Schooi Building or Recreation Center building or site, said action shafl be pursuant to Board of Education Policy dated November 6, 1985, entitied Building and Grounds/disposal, and pursuant to City of Saint Paul Policy dated March 21, 1977, City Council Resolution 268764, entitled Surplus Real Estate Disposition. aa -�d9 APPROVAL AS TO FORM CITY OF SAINT PAUL Assistant City Attorney Mayor BY= Director of Financial Services Director of Parks and Recreation By: City Clerk INDEPENDENT SCHOOL DISTRICT #625, St. Paul Public Schoois APPROVAL AS TO FORM By: District General Council Chair � Clerk 00 -co9 EXHiBIT "A" Legal Description ofi Dayton's Bluff Elementary School Site Lots 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19, Block 1, Wilder & Dodge's Subdivision of Block 48 of Lyman Dayton's Addition, according to the recorded plat thereof, Ramsey County, Minnesota, together with the southeasterly half of vacated Surrey Avenue lying adjacent to said Lots 8, 9, 10, and 11; and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15, Block 47, Lyman Dayton's Addition to Saint Paul, according to the recorded plat thereof, Ramsey County, Minnesota together with the northwesteriy halfi of vacated Surrey Avenue Iying adjacent to said Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 and together with the southwesterly half of vacated Maple Street lying between the southerly line of Conway Street and the centerline of Surrey Avenue extended northeasterly. � �- ao -co°t EXHIBIT "B" Legal Description of Dayton's Bluff Community Recreation Center Site Lots 1, 2, 3, 4, 5, 6, 7, 20, 21, 22, 23, 24, 25, and 26, Block 1 WILDER AND DODGE'S SUBDIVISION OF BLOCK 48 OF LYMAN DAYTON'S ADDITION TO THE CITY OF ST. PAUL, according to the recorded plat thereof and on file and of record in the office of the County Recorder in and for Ramsey County, Minnesota; and That part of vacated Maple Street lying southerly of the westerly extension of the northerly line of Lot 5, KENNEDY'S SUBDIVISION OF PART OF BLOCK 82 OF LYMAN DAYTON'S ADDITION TO ST. PAUL, according to the recorded plat thereof on file and of record in the office of the County Recorder in and for Ramsey County, Minnesota, and lying northwesterly of the southeasterly line and its northeasterly extension of Biock 1, WILDER AND DODGE'S SUBDIVISION OF BLOCK 48 OF LYMAN DAYTON'S ADDITiON TO THE CiTY OF ST. PAUL, according to the recorded plat thereof on file and of record in the office of the County Recorder in and for said Ramsey County, Minnesota, except that part of the southwesterly half of vacated Maple Street lying northwesterly of the northeasterly extension of the centerline of vacated Surrey Avenue; and That part of the southeasterly half of vacated Surrey Avenue lying northeasterly of the southwesterly line of Lot 7, Block 1, extended northwesterly and lying southwesterly of the southwesterly line of vacated Maple Street, all in WILDER AND DODGE'S SUBDIVISION OF BLOCK 48 OF LYMAN DAYTON'S ADDITION TO THE CITY OF ST. PAUL, according to the recorded plat thereof on file and of record in the offce of the County Recorder in and for Ramsey County, Minnesota, (subject to sewer easement, document number 1573848); and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12, KENNEDY'S SUBDIVISION OF PART OF BLOCK 82 OF LYMAN DAYTON'S ADDITION 70 ST. PAUL, according to the recorded plat thereof on file and of record in the office of the County Recorder in and for Ramsey County; and The North 50 feet of the East 100 feet of Block 82, and the South 43.6 feet of the North 93.6 feet of the East 100 feet of Biock 82, and the South 43.6 feet of the North 137.2 feet of the East 100 feet of Block 82, and the North 44 feet of the South 131.8 feet of the East 100 feet of Block S2, and the South 43.5 feet of the North 87.8 feet of the South 131.8 feet of the East 100 feet of Block 82, and the South 44 feet of the East 100 feet of Block 82, and the West 50 feet of the East 150 feet of the North 134 feet of Block 82, and the 50 feet West of the East 300 feet of the North 134 feet of Block 82, and the West 50 feet of the East 400 feet of the North 134 feet of Block 82, all in LYMAN DAYTON'S ADDITION TO ST. PAUL, according to the recorded plat thereof on file and of record in the o�ce of the County Recorder in and for Ramsey County, Minnesota. 7 oo-�eq ` � � � w w � � � > a 3 2 O U BATE$ AVENUE � ao -� �`� � � w w � � N T Q � 2 O U BATES AVENUE \ OO - `oR d01 NT-U SE-AGftEEMENT BETWEEN THE CITY OF SAINT PAUL, DAYTON'S BLUFF RECREATION CENTER AND INDEPENDENT SCHOOL DISTRICT, NO. 625 THIS AGREEMENT, dated this day of , 2000, by and between the City of Saint Paul, Minnesota, a municipal corporation organized and existing under the laws of the State of Minnesota, hereinafter referred to as "City" and independent School District No. 625, existing pursuant to laws 1965, Chapter 705, as amended, hereinafter referred to as "DistricF'. WITNESSETH: WHEREAS, District and City have entered into a Land Lease for certain Districi owned property adjacent to District's Dayton's Bluff Elementary School and fior certain City owned property adjacent to City's Dayton's Bluff Recreation Center, and WHEREAS, District and City agree that the use of said {and and any improvements thereto shail be contracted through a formalized "Joint-Use-Agreement". NOW THEREFORE, it is mutually agreed by and beiween District and City as follows: . USE 1.1 District shall have exclusive use of DistricYs School Building and District Grounds, except as specified in article 1.3 below (see ATTACHMENT "A"). 1.2 City shall have exciusive use of City's Recrea#ion Center Building and City grounds (see ATTACHMEfVT "A"). 1.3 City shall have exclusive use of theater support spaces in District's School Buiiding-green room, two (2) dressing rooms and storage space. Oo - �04 1.4 District shail have access to the use of City's Recreation Center building during normal schooi hours of the school year. District further shall, after the City's activifies have been satisfied, have first psiority in use of City's said Recreation Center building and City grounds. All long term use by District shail be by permit approved by the Director of Parks and Recreation or his/her designee and said permit shall identify the space authorized for use, and the terms and conditions based on the City's current policy for use of City facilities by community organizations. City's Recreation Director may authorize short term intermittent use of space by District. 1.5 City shall have access to the use of DistricYs School Building and District grounds. City further shall, after District and Achievement Plus educational programs have Been satisfied, have first priority in the use of DistricYs said School Buiiding and District grounds. All iong term use by City shall be by permit approved by and through the DistricYs permit office and said permit shall identify the space authorized for use and the terms and conditions based on the Board of Education's current policy for use of school facilities by community organizations. DistricYs School Principal may authorize short term intermittent use of space by City. 1.6 District and City shall use said School Building, Recreation Center and grounds for such related lawful activities which wouid be common to that type of facility. 1.7 District and City shall cooperate and consuit with each other in determining additional uses of space in the Recreation Center building by District and uses of space in the School Building by the City. 2. OPERAT{ON 2.1 City shall be responsible for the costs of operating and maintaining the Recreation Center building except, the District shal! be responsible for paying 33% of utility and maintenance costs of the spaces in said Recreation Center buiiding used on a daily basis by District inciuding, main entrance/common area, multipurpose room, gym and theater. Said 'costs will be based on the City's identified maintenance and ut+4ity costs per square foot, times the square foot area of fhe Recreation building used by the District. District's use of said Recreation Center building and associated utility and maintenance costs will be reviewed annually by District and City. flo- 609 2.2 City or District shall be responsible for costs to any damage to either party's buiiding, grounds, equipment, exclusive of normal wear and tear, said facility is under their use. repair or rep{ace furnishings or which occurs while 2.3 City's Recreation Center building and the District's theater support spaces shall be af all times under the responsibility of the Recreation Director or designee. 2.4 City's Recreation Director or designee shall provide fuil time supervision for ail of its programs at ail times. Further, said supervisor shall be responsible for surveying the condition of the buiiding(s) both interior and exterior each day prior to commencing with the City's programs and shall identify and report to his/her supervisor on a daily basis any and all damages to said building(s), grounds, furnishings or equipment noted or which occurs while in the City's use. 2.5 DistricYs School Building shail at all times be under the responsibility of the School Administrator (Principal) or designee. 2.6 District's School Principal or hisiher designee shall provide fuil time supervision for all school programs at all times. Further, said School Principal or designee shali be responsible for surveying the condition of the building(s) both interior and exterior each day prior to commencing with the DistricYs programs and shall identify and report to the Executive Director of Plant Planning and Maintenance on a daily basis any and ail damages to said building{s), grounds, furnishings and equipment noted or which occurs while in the Districi's use. 2.7 District shall be responsibie for setting up and taking down necessary furniture and equipment when using City Recreation Center building. 2.8 Achievement Plus Site Coordinator may be placed in responsibie charge of the DistricYs School Building and/or the City's Recreation Center building at times when the School Administrator and /or the Recreation Director is not available. 00-�09 2.9 City's Recreation Director and Districf's School Principal shall meet with the Achievement Plus Site Coordinator at least four times per year for the purpose of coordinating the use of DistricYs School Building and District grounds, the City's Recreation Center and City grounds, and any space designated by either party for the Achievement Plus Community School. 2.10 District's School Principal and City's Recreation Director shall coordinate all aspects of DistricYs and City's operations on the site. Such coordination shall include but not be limited to: 2.10.1 Operation of District's program within the Recreation Center and/or on City grounds. 2.10.2 Operation of City's program within School Building andfor on District grounds. 2.10.3 Short term use of District space by City or of City space by District. 2.10.4 Evening activities at each facility for coordination of parking. 2.10.5 Vandalism of buildings. 2.1 �.6 Access issues. 2.10.7 Grounds issues. 2.10.8 Parking issues. 2.10.9 Safety and security issues. 2.11 City shail designate and reserve ten (10) parking stalis in City parking lot for daytime Recreation Center programming. DistricYs School Principal shall instruct school staff and visitors not to park in City's designated parking areas during hours of the Recreation Center operation. The location and number of reserved stalls may be adjusted per mutual agreement of District and City as specified in paragraph 2.10 above. 2.12 City's Recreation Director shail instruct staff and visitors not to park in District's designated parking areas during hours of schooi. 2.13 District and City shall abide by all such rules and regulations mutually agreed to and established by either party or by governmental regulations current and future to insure safe, sanitary, fire and health•protection to ali persons. 0 00 —(.09 3. MAINTENANCE and HOUSEKEEPWG 3.1 District shall be responsible for providing all maintenance, repairs and housekeeping for the interior and exterior of School Suifding, including the Achievement Plus School Addition 3.2 District shall provide daily housekeeping sesvices for the common areas of the City Recreation Center building, including entrance and corridor. Further, District shall provide housekeeping services on an as-use basis for the theater and gymnasium in said City Recreation Center Building. Housekeeping of theater and gymnasium shall be completed after District use but prior to regularly scheduled programming of Recreation Center (see ATTACHMENT "B"). 3.3 District shall be responsible for policing of District grounds. Further, District shall daily police District and City parking lots anc City tot IoUplay area. Policing of parking lots and tot lot(play area shail be completed after District's daily use (see ATTACHMENT ,�A )• 3.4 District shall be responsible for snow and ice removal on steps, wafkways and parking lots on District grounds. Further, District shall be responsible for snow and ice removal in parking lot on City's grounds. Snow shali be removed after each officially deciared Gity snow emergency. The Gity and District sha14 jointly review the results of the provisions of this paragraph after two snow seasons have occurred. 3.5 City shall be responsible for providing ail routine maintenance and repairs for the interior and e�erior of Recreation Center building. Further, City shali be responsible for ail major kinds of building maintenance and repairs such as renovation, remodefing and replacement of said Recreation Center bui{ding. 3.6 City shall be responsibie for providing custodial engineering and housekeeping services for Recreation Center building, except as specified in paragraph 3.2 above. 3.7 City shali be responsible for policing of City grounds, including parking lot, except as specified in paragraph 3.3 above (see ATTACHMENT "A"). oc - 6oq 3.8 City shafi be responsible for ail ordinary maintenance of City's grounds-this shall not include weed control or fertilization. Further, City shali be responsible for ali snow and ice removal on steps and walkways on City grounds after each accumulation of one (1) inch or more. 3.9 City sha(I be responsible for all snow and ice removal on public sidewaiks adjacent to and bordering District and City grounds as bounded by Bates Avenue, Conway Street, Mendota Street and Euciid Street (see ATf"ACHMENT "A"). 3.10 City shall place equipment for and provide for the removal of al1 solid waste generated by the City's operation of its Recreation Center building and grounds. 3.11 District shall place equipment for and provide for the removal of all solid waste generated by the DistricYs operation of its School buiiding and grounds. 4. ALARM SYSTEMS 4.1 City shail have instailed various alarm systems in the Recreation Center Building at City's expense. Alarm systems shall consist of: 4.1.1 A fire alarm system which is a"stand alone" system with provisions for future connections to DistricYs monitoring service. 4.1.2 A cold temperature sensor system monitored by City's monitoring service until such time that the school building addition is completed. At completion of the school building addition City shall connect its cold temperature sensor system to DistricYs. 4.1.3 A security system monitored by City's monitoring service until such time that the school building addition is compieted. At completion of the school building addition City shali connect its security system to District's. 4.2 Upon connection to DistricYs monitoring service, each ofi the above alarm sys#ems (paragraph 4.1 above) shali be monitored on a twenty-four (24) hour basis by DistricYs central security office. �4 Oo -�� 5. INDEMNITY The City and District agree to indemnify and hold hasmless the other from and against all claims of whatever kind that may arise from the City's use of the DistricYs buifding and grounds and from the District's use ofi the City's building and grounds. 6. INSURANCE The City sha41 insure the City's building and its contents for {iability, fire and comprehensive coverage. insurance limits shali be subject to the tort ciaims liability limits as set forth in Chapter 466 of Minnesota Statutes. 7. LAND LEASE That the lease of land by District to City for City's Recreation Center Building, parking lot, tennis courts and re4ated improvements and the lease of land by City to District for DistricYs Achievement Plus School Building addition shali be the subject of a separate Land Lease which is by its reference incorporated herein, along with any succeeding Agreements as well as any revisions or amendments to said Land Lease. 8. AMENDMEN7S 8.1 Any improvements or alterations affecting the District's facilities or grounds shafl require written approval by the Executive Director of School Plant Planning and Maintenance. 8.2 Any improvements or alterations affecting the City's.Recreation Center buiiding shall require written approval by the Director of Parks and Recreation. 8.3 City and District acknowiedge that an Achievement Plus Building Addition is being constructed by the District on DistricYs propefij and adjacent to City's Recreation Center building. City and District agree to amend this Joint-Use-Agreement as necessary for operation of said Achievement Plus Building Addition. 8.4 That the proper authorized District and City administrative personnel responsible for administering of this agreement are herewith authorized to make amendments to the Joint-Use- Agreement subject to mutual written agreement by both parties, and further subject to the review and approvai by legal counsel of both the District and City. Ob —60°1 REQUIRED REVIEW 9.1 This agreement shall be periodically reviewed by the parties and sha41 be updated and kept current in terms of contemporary use standards and terms. F2eviews may be initiated as needed by the City or District giving written notice to the other party; however, if a period of five (5) years has elapsed since the last review, a mandatory review sha11 be initiated by the District. 9.2 Further, the District shall initiate a mandatory review of this joint- use-agreement in the twelve (12) month period prior to expiration of this agreement. 10. TERM and RENEWA� 10.1 In the event there is any prior existing joint-use-agreement between District and City (or its predecessor in interest) covering the Dayton's Bluif Elementary School and the Dayton's Bluff Recreation Center sites, it is agreed and understood that this joint- use-agreement shall cancel and terminate any prior agreements as of the effective date of this joint-use-agreement. 102 This joint-use-agreement shall be for a term of forty (40) years commencing on the date first written above. Should a formal review as specified in paragraph 9.2, above not take place in the twelve (12) month period prior to expiration of this agreement, this agreement shall be automatically extended for a period of five (5) years. Following the five (5) year extension period, further extensions of this agreement must be agreed to in writing by City's Director of Parks and Recreation and DistricYs Executive Director of Piant Planning and Maintenance. It is agreed and understood that said renewals and extensions shall be considered amendments to this agreement, as specified in paragraph 8, above. 10.3 That District or City may initiate a request to terminate said agreement by giving written notice to the other party three hundred sixty-five (365) days prior to cancellation or termination to which both parties mutually agree. 10.4 In the event the District or City , or both parties, shall determine to discon#inue their use of the Dayton's Bluff Elementary Schooi, Dayton's Bluff Community Recreation Center or site, said action shall be pursuant to Board of Education Policy dated 00 -co9 November 6, 1985, entitled Building and Grounds/disposal, and pursuant to City of Saint Paul Policy dated March 21, 1977, City Council Resolution 268764, entitled Surpfus Real Esfate Disposition. APPROVAL AS TO FORM CITY OF SAINT PAUL By: Assistant City Attorney Mayor By: Director of Financial Services By: Director of Parks and Recreation INDEPENDENT SCHOOL DISTRICT #625, St. Paul Public Schoofs APPROVAL AS TO FORM By: District General Council Chair � Clerk F] a � z W � V � Q � W N 3 �o0ir. � sa' ♦ J � z OOOOQO000000 00 O 00000000000 JOO� � OOOOOOOOOO JOOO 000000000 000 < U O O OOOCf�000 0000 c OOOOp7o00o0000 o00C�0oo o00n � 000�0000000 O JO00 O�O 000 OOt 000��0000000 000 000 000 000 00� OOOOap000000 000 0000�000 000 00� 000�0000000 000 0 000 >0000a00000000000 � � � � � � � � � � ' • � � • ��rl • • � r � � • • � • � � • � � � � � • • • • • • � • ��• • � � � ' � • � � � �' • • Si . • . � � �� • • •� •- �y � ��• •� °�� ?1� • � � � �� • • • - � � � r �i • � � r i • � t � � " ♦ ' " •��.� r�� • i �! •�o •�� .i�,. ! . .�Q,. !�. . . . --= W � � O U W 13 ��1 � S b1 \ O p � � ¢ a r f- J m N Z O a � w Y K F- U m T 2 N � U 2 J J O m O a vr a � O ti W Z p a U W O Z � N p Z U � Z F Q U � 6 � W Z � E j Z < N 1/� � Q �n 4- k- CJ E F V U N N U N In h r f 0 o u u o � � � � � F z \ 00 _�og m D � m N D < frl Z C r*t CONWqy STREET EUCLID STREET � NORTH i�0�. -1 � � �� ;�,'' � � DISTRICT'S GROUNDS DISTRICT"S MAINTENANCE RESPONSIBILITY CITY'S GROUNDS CITY'S MAINTENANCE RESPONSIBILITY i � DISTRICT'S AND CITY'S JOINT POLICING RESPONSIBILITY (ARTICLES 3.3 >. r i � � CON Wq y PARKING LOT � � I Z ACNIEVEMENT PWS � SCROOL ADDITION r � ¢ w a 0 � a I m D m I DAYTON'S BLUFF � i ELEMENTARY SCHOOL D Z I � i;.._: m � NORTH EUCLID STREET uNe -- ¶':� ------ /� ��. i � TENNIS COU[3TS � � DAYTON'S BLUFF RECREATION D � CENTER _ 1 � � w z J � F � W a 0 � a STREET - AREA LEASED BY SCHOOL DISTRICT FROM CITY � AREA LEASED BY CITY FROM SCHOOL DISTRICT PLAY AREA S( � --- PROPERTY LINE ------ o� -�09 � EXHIBIT "C" r i � � i � Z ACMIEVEMENT PLUS � SCHOOL ADDITION r r � w O � a m �_ D � i ri � I D � Z io m � CONWqY -�_— DAYTON'S BLUFF ELEMENTARY SCHOOL STREET PARKING LOT UNE -- —�— �.�_'_-_-- � ��'� / CO R / / / VI DAYTON'S BWFF RECREATION D CENTER 0 � PLAY z AREA J } F � W a 0 a � J S( -------PROPERTY LINE ------ � NORTH EUCLID STREET - PORTION OF DAYTON'S BLUFF RECREATION CENTER CONSTRUCTED ON DISTRICT PROPERTY (ARTICLE 5) 00 -�o� � EXHIBIT "D" ORIGiNAL Presented By Re£erred to Council File # �� .�q Green Sheet RESOLUTION CITY OF SAINT PAUL, MINNESOTA Il Committee: Date WAEREAS, the City of Saint Paul and Independent School District 625 haue endorsed and supported the concept of joint use of land and facilities, and WI�EREAS, the City, in cooperation with the District is constructing the new Dayton's Bluff Recreation Center for the purpose of enhancing and expanding community recreation, educationai and cultural opportunities, and WHEREAS, the District, in cooperation with the City is constructing the new Achievement Plus School Building Addition for the purpose of expanding educational opportunities, and 9 WIIEREAS, the City is the owner of certain property know as the Dayton's B1uff 10 Recreation Center site and the District is the owner is of certain real property known as the ll Dayton's B1uffElementary School site and said sites are adjoining, and 12 13 VJHEREAS, the City desires to lease a portion of the Dayton's Bluff Elementary School 14 site for the purpose of constructing the new Recreation Center Building, in part on the District's 15 land and connected to DistricPs Elementary School Building, and 16 WHEREAS, the District desires to lease a po��on of the Dayton's Bluff Recreation 17 Center site for the purpose of constructing the new Achievement Plus School Building Addition, 18 in part on the City's land and connected to City's Recreation Center Building. 19 NOW THEREFORE BE IT RESOLVED, that the proper City officials are hereby 20 authorized to enter into the attached lease and joint use operating agreements necessary for the 21 construction and operation of the new Dayton's Bluff Community Recreation Center and the 22 Achievement Plus School Addition. # 1oGS�ift� Page 1 of 2 council �'ile # ORiGINAL Presented By Referred to 0 0 - Coq Green Sheet # (�G 5 �� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Adopted by Council: Date C2�� a \ Adoption Certified by Council Secretary BY �� ? . � � = _�`. Approved by Mayor: Date:�� By: e?.��li� !�r'i�2��r."s' / , � Committee: Date Reque ed by: Divis'on of Parks� By: � ✓' Form Approved by Ci By : � fi��-1 �J �� Approved by Mayor for Submission to Counoil BY ' �rw Page 2 of 2 / � v0 �LO� ✓ DEPARTMENT/OFFICE/COUNCIL — DATEINITIATED GREEN SHEET u NO. 106578 Parks and Recreation June � 6, 2000 GOMACTPEfiSONANDPHONE �NITIAUDATE INITIAVDATE Ken Wehrle 266-6422 � 1 DEPARTMENT DIRECTOR 4 cm couNa� ASSIGN wUMBEp F9R Z CI"fY ATTORNEY QTY CifftK MUST BE ON COUNGIL AGENDA BV (DATq ROUTING OflDER FINANCIALSERVICESDIfl. FlNqNCIALSERVICES 3 MAYOR (OR ASSISTAIJ�� ' PARKS AND RECFEATION TOTAL t OF SIGNAiURE PAGES 1 (CLfP ALL LOCATONS FOR SIGNA7UflE� ACTION REQUESTED: Approval of City Councii Resolution authorizing the proper City Officiais to execute a lease agreement and joint-use agreement with Independent School District No. 625 RECOMMENDATIONS: Appmve (A) or Rejec[ IN PERSONAL SERVICE CONTflACTS MUST ANSH'ER THE FOLLOWING QUESTIONS: � _PLANNIN6 COMMISSION __CIVIL $ERVICE COMMISSION ' �. Nas Nis persoNfirm ever worked under a con[ratt fOr [his department? _CIB COMMITTEE _ YES NO A STAFF 2. Nas this person/firm ever been a city ¢mployee? � — �— YES NO DISTRICT COUNCIL — ^ � 3. �oes Nis person/fi�rti possess a skill no[ nortnally Oossessetl by any w�ren[ ci[y employe¢? SUPPORTSWHtCHGOUNCII�&IECTNE? YES NO Explan all yes enswers on separate sheet anE 2ttach ro greBn shea[. INITIATING PqOBLEM, ISSUE, OPPORTUNIN (Who, What, When, Whe�e, Why): Construction and operation of a portion of new Dayton's Bluff Recreation Center on District property, and construction and operation of a portion of Dayton's Bluff Elementary School addition (Achievement Plus) on City property requires a lease agreement and joint-use operating agreement between City and District. ADVANTAGES�FAPPROVED Construction of new recreation center building and school buiiding additio� properly completed and rules of operation agreed upon. OISAOVANiAGE51F APPROVED None OISADVANTAGES IF NOT qPPflOVED Dayton's Bluff Recreation Center project and Achievement Plus project cannot be properly managed. TOOTAL AMOUNT OF TRANSACTION $ NA COST/REVENUE BUDGEfED (CIRCLE ONE) YES NO FUNDING SOIIRCE ACfIVT' NUMBER '" y RECEIVED FINANCIA4INFORMATION: (EXPLAIM � R@gE}'�PC{1' C'o8S��25 JUN 16 2000 � ' �°� � � �� CITY ATTORNEY ►? � � 00—Co9 LAND LEASE BETWEEN THE CITY OF SAINT PAUL, DAYTON'S BLUFF RECREATION CENTER AND INDEPENDENT SCHOOL DISTRICT, NO. 625 TH{S AGREEMENT, dated this day of , 2000, by and between the City of Saint Paul, Minnesota, a municipal cotporation organized and existing under the laws of the State of Minnesota, hereinaftet� referred to as "C9ty" and Independent School District No. 625, existing pursuant to laws 1965, Chapter 705, as amended, hereinafter referred to as "DistricY'. WITNESSETH: WHEREAS, the District is the owner of certain real property known as the Dayton's Bluff Elementary Schoof site which is focated within the corporate limits of the City of Saint Paul and said property is legally described in Exhibit "A", attached, being a part of this agreement, and WHEREAS, the City is the owner of certain real property known as the Dayton's Bluff Recreation Center site adjoining said Elementary School site and said property is legally described in Exhibit "B", attached, being a part of this agreement, and WHEREAS, the District covenants that it has good and sufficient title to said Dayton's Bluff Elementary Schoof property, and WHEREAS, the City covenants that it has good and su�cient title to said Dayton's Biuff Recreation Center property, and WHEREAS, the City desires to lease from the District a portion of the Dayton's Bluff Elementary School site specified in Exhibit "C", attached, being a part of this agreement, for the purpose of constructing a new Recreation Center Buiiding, constructing a new parking lot, constructing related site work and encompassing the area of the existing City tennis courts, and WHEREAS, the District desires to lease from the City a portion of the Dayton's Bluff Community Recreation Center site specified in Exhibit "C", attached, for the purpose of constructing the Achievement Plus School Building Addition. 00— Co9 NOW THEREFORE, it is mutually agreed by and between District and City as follows: That District hereby leases to the City, in consideration of the paymenf of one (1) dollar and the performance of all other provisions of this agreement, a portion of the Dayton's Bluff Elementary Schooi site, which is more particularly identified by Exhibit "C", attached, for a term of forty (40) years commencing with the date first written above. 2. That City hereby leases to the District, in consideration of the payment of one (1) dollar and the performance of all other provisions of this agreement, a portion of the Dayton's Bluff Recreation Center site, which is more particularly identified by Exhibit "C", attached, for a term of forty (40) years commencing with the date first written above. 3. That City hereby agrees to construct a Recreation Center Building on the site specified in Exhibit "C", attached. City further agrees to construct a parking lot and related sitework on the site specified in Exhibit "C". City further aqrees said Recreation Center building, said parking (ot and said related sitework shall be constructed in accordance with plans and specifications which shail be agreed to by District. All costs associated with said Recreation Center building, parking {ot and related site work construction shall be born by the City. 4. That District hereby agrees to construct a School Building Addition on the site specified in Exhibit "C", attached. District further agrees said School Building Addition shall be constructed in accordance with plans and specifications which shall be agreed to by City. All costs associated with said School Building Addition construction shall be born by the District. That District hereby agrees said Recreation Center Buiiding shall be constructed, in part, on DistricYs property and connected to DistricYs Elementary School building. District further agrees that property leased by the City from the District on which said Recreation Center Building is constructed, as specified in Exhibit "D", attached, shali be subject to the encumbrance and the requirements imposed by Minn. Stat. § 16A.695, as amended from time to time, and cannot be sold or otherwise disposed of by the District without the approva! of the Minnesota Commissioner of Finance, which approval must be evidenced by a written statement signed by the Commissioner of Finance and attached to the deed or instrument used to seil or otherwise dispose of the property. The property shall remain subject to this restriction until (i) the restriction has been fully complied with as evidenced by a written approval from the Minnesota 2 00 -Loq Gommissioner of Finance, or (ii) a written release, re{easing the property from the restriction, signed by the Minnesota Commissioner of Finance, is recorded in the real estate records relating to the property. 6. That City hereby agrees said Schooi Buiiding Addition shall be constructed, in part, on City's property and connected to City's Recreation Center Building. 7. That District hereby agrees existing City tennis courts shall remain on site specified in Exhibit "C", attached. 8. The City and District agree to indemnify and hold harmless the other from and against all ciaims of whatever kind that may arise from the City's use of the District's building and grounds during construction of the City's Recreation Center Buiiding and related site work and from the District's use of the City's building and grounds during construction of the DistricYs School Building Addition. It shall further be required that during construction, the City and District each require their contractors to insure against damage to the others buiidings, grounds, utiiities and any other liability created as the result of the others construction and that the City and District each be named in the others insurance and pertormance bond documents. 9. The City sha1V include the following afarm systems in its Recreation Center buiiding construction: 9.1 Cold Temperature Sensor Svstem: City shall install a coid temperature sensor system in the Recreation Center Building and monitor its system untii the School Suilding Addition is complete and operational. The system shali be designed and installed to be compatible with the Districts's and, at completion of the school addition, City shall at City's expense connect its system to the Districts' system. 92 Security System: City shall install a security system in the Recreation Center Building and monitor its system until the School Building Addition is complete and operational. The system shall be designed and installed to be compatible with the District's and, at completion of the school addition, City shal{ at City's expense connect its system to the District's system. ao - co9 9.3 Provisions for monitoring City's alarm systems shall be addressed within the provisions of the Joint-Use -Agreement described in paragraph #10 below. 10. That the use and operation of said Recreation Center Building, said Schooi Building Addition, said parking lot and said tennis courts be governed by a separate Joint-Use-Agreement between City and District. Should said Joint-Use-Agreement be dissolved or otherwise become null and void, this Lease shail also become null and void and the property leased by the City from the District and the property leased by the District from the City, as described in Exhibit "C", shail revert to its respective owners along with any improvements to said property. The Joint-Use- Agreement is attached to this Lease and is incorporated hereto along with all succeeding Joint Use agreements, as weli as any revisions or amendments. 11. That any improvements or alterations affecting the leased District's grounds or improvements shali require the written approval of DistricYs Executive Director of Plant Planning and Maintenance. 12. That any improvemenis or aiterations affecting the ieased City's grounds or improvements shall require the written approval of the Superintendent of Parks and Recreation or hisiher designee. 13. That in the event there is any prior existing lease agreement between District and City (or its predecessor in interest) covering said properties, is agreed and understood that this Lease shafl cancel and terminate any prior leases as of the effective date of this lease. 14. That any amendments to this Lease shall require the review and approval of the legal counse! of both District and City. It is further conditioned that no amendment(s) shail be made to this Lease without approval of the governing bodies of both District and City. 15. That in the event District or Gity, or both parties, shaA determine to discontinue their use of the Schooi Building or Recreation Center building or site, said action shafl be pursuant to Board of Education Policy dated November 6, 1985, entitied Building and Grounds/disposal, and pursuant to City of Saint Paul Policy dated March 21, 1977, City Council Resolution 268764, entitled Surplus Real Estate Disposition. aa -�d9 APPROVAL AS TO FORM CITY OF SAINT PAUL Assistant City Attorney Mayor BY= Director of Financial Services Director of Parks and Recreation By: City Clerk INDEPENDENT SCHOOL DISTRICT #625, St. Paul Public Schoois APPROVAL AS TO FORM By: District General Council Chair � Clerk 00 -co9 EXHiBIT "A" Legal Description ofi Dayton's Bluff Elementary School Site Lots 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19, Block 1, Wilder & Dodge's Subdivision of Block 48 of Lyman Dayton's Addition, according to the recorded plat thereof, Ramsey County, Minnesota, together with the southeasterly half of vacated Surrey Avenue lying adjacent to said Lots 8, 9, 10, and 11; and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15, Block 47, Lyman Dayton's Addition to Saint Paul, according to the recorded plat thereof, Ramsey County, Minnesota together with the northwesteriy halfi of vacated Surrey Avenue Iying adjacent to said Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 and together with the southwesterly half of vacated Maple Street lying between the southerly line of Conway Street and the centerline of Surrey Avenue extended northeasterly. � �- ao -co°t EXHIBIT "B" Legal Description of Dayton's Bluff Community Recreation Center Site Lots 1, 2, 3, 4, 5, 6, 7, 20, 21, 22, 23, 24, 25, and 26, Block 1 WILDER AND DODGE'S SUBDIVISION OF BLOCK 48 OF LYMAN DAYTON'S ADDITION TO THE CITY OF ST. PAUL, according to the recorded plat thereof and on file and of record in the office of the County Recorder in and for Ramsey County, Minnesota; and That part of vacated Maple Street lying southerly of the westerly extension of the northerly line of Lot 5, KENNEDY'S SUBDIVISION OF PART OF BLOCK 82 OF LYMAN DAYTON'S ADDITION TO ST. PAUL, according to the recorded plat thereof on file and of record in the office of the County Recorder in and for Ramsey County, Minnesota, and lying northwesterly of the southeasterly line and its northeasterly extension of Biock 1, WILDER AND DODGE'S SUBDIVISION OF BLOCK 48 OF LYMAN DAYTON'S ADDITiON TO THE CiTY OF ST. PAUL, according to the recorded plat thereof on file and of record in the office of the County Recorder in and for said Ramsey County, Minnesota, except that part of the southwesterly half of vacated Maple Street lying northwesterly of the northeasterly extension of the centerline of vacated Surrey Avenue; and That part of the southeasterly half of vacated Surrey Avenue lying northeasterly of the southwesterly line of Lot 7, Block 1, extended northwesterly and lying southwesterly of the southwesterly line of vacated Maple Street, all in WILDER AND DODGE'S SUBDIVISION OF BLOCK 48 OF LYMAN DAYTON'S ADDITION TO THE CITY OF ST. PAUL, according to the recorded plat thereof on file and of record in the offce of the County Recorder in and for Ramsey County, Minnesota, (subject to sewer easement, document number 1573848); and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12, KENNEDY'S SUBDIVISION OF PART OF BLOCK 82 OF LYMAN DAYTON'S ADDITION 70 ST. PAUL, according to the recorded plat thereof on file and of record in the office of the County Recorder in and for Ramsey County; and The North 50 feet of the East 100 feet of Block 82, and the South 43.6 feet of the North 93.6 feet of the East 100 feet of Biock 82, and the South 43.6 feet of the North 137.2 feet of the East 100 feet of Block 82, and the North 44 feet of the South 131.8 feet of the East 100 feet of Block S2, and the South 43.5 feet of the North 87.8 feet of the South 131.8 feet of the East 100 feet of Block 82, and the South 44 feet of the East 100 feet of Block 82, and the West 50 feet of the East 150 feet of the North 134 feet of Block 82, and the 50 feet West of the East 300 feet of the North 134 feet of Block 82, and the West 50 feet of the East 400 feet of the North 134 feet of Block 82, all in LYMAN DAYTON'S ADDITION TO ST. PAUL, according to the recorded plat thereof on file and of record in the o�ce of the County Recorder in and for Ramsey County, Minnesota. 7 oo-�eq ` � � � w w � � � > a 3 2 O U BATE$ AVENUE � ao -� �`� � � w w � � N T Q � 2 O U BATES AVENUE \ OO - `oR d01 NT-U SE-AGftEEMENT BETWEEN THE CITY OF SAINT PAUL, DAYTON'S BLUFF RECREATION CENTER AND INDEPENDENT SCHOOL DISTRICT, NO. 625 THIS AGREEMENT, dated this day of , 2000, by and between the City of Saint Paul, Minnesota, a municipal corporation organized and existing under the laws of the State of Minnesota, hereinafter referred to as "City" and independent School District No. 625, existing pursuant to laws 1965, Chapter 705, as amended, hereinafter referred to as "DistricF'. WITNESSETH: WHEREAS, District and City have entered into a Land Lease for certain Districi owned property adjacent to District's Dayton's Bluff Elementary School and fior certain City owned property adjacent to City's Dayton's Bluff Recreation Center, and WHEREAS, District and City agree that the use of said {and and any improvements thereto shail be contracted through a formalized "Joint-Use-Agreement". NOW THEREFORE, it is mutually agreed by and beiween District and City as follows: . USE 1.1 District shall have exclusive use of DistricYs School Building and District Grounds, except as specified in article 1.3 below (see ATTACHMENT "A"). 1.2 City shall have exciusive use of City's Recrea#ion Center Building and City grounds (see ATTACHMEfVT "A"). 1.3 City shall have exclusive use of theater support spaces in District's School Buiiding-green room, two (2) dressing rooms and storage space. Oo - �04 1.4 District shail have access to the use of City's Recreation Center building during normal schooi hours of the school year. District further shall, after the City's activifies have been satisfied, have first psiority in use of City's said Recreation Center building and City grounds. All long term use by District shail be by permit approved by the Director of Parks and Recreation or his/her designee and said permit shall identify the space authorized for use, and the terms and conditions based on the City's current policy for use of City facilities by community organizations. City's Recreation Director may authorize short term intermittent use of space by District. 1.5 City shall have access to the use of DistricYs School Building and District grounds. City further shall, after District and Achievement Plus educational programs have Been satisfied, have first priority in the use of DistricYs said School Buiiding and District grounds. All iong term use by City shall be by permit approved by and through the DistricYs permit office and said permit shall identify the space authorized for use and the terms and conditions based on the Board of Education's current policy for use of school facilities by community organizations. DistricYs School Principal may authorize short term intermittent use of space by City. 1.6 District and City shall use said School Building, Recreation Center and grounds for such related lawful activities which wouid be common to that type of facility. 1.7 District and City shall cooperate and consuit with each other in determining additional uses of space in the Recreation Center building by District and uses of space in the School Building by the City. 2. OPERAT{ON 2.1 City shall be responsible for the costs of operating and maintaining the Recreation Center building except, the District shal! be responsible for paying 33% of utility and maintenance costs of the spaces in said Recreation Center buiiding used on a daily basis by District inciuding, main entrance/common area, multipurpose room, gym and theater. Said 'costs will be based on the City's identified maintenance and ut+4ity costs per square foot, times the square foot area of fhe Recreation building used by the District. District's use of said Recreation Center building and associated utility and maintenance costs will be reviewed annually by District and City. flo- 609 2.2 City or District shall be responsible for costs to any damage to either party's buiiding, grounds, equipment, exclusive of normal wear and tear, said facility is under their use. repair or rep{ace furnishings or which occurs while 2.3 City's Recreation Center building and the District's theater support spaces shall be af all times under the responsibility of the Recreation Director or designee. 2.4 City's Recreation Director or designee shall provide fuil time supervision for ail of its programs at ail times. Further, said supervisor shall be responsible for surveying the condition of the buiiding(s) both interior and exterior each day prior to commencing with the City's programs and shall identify and report to his/her supervisor on a daily basis any and all damages to said building(s), grounds, furnishings or equipment noted or which occurs while in the City's use. 2.5 DistricYs School Building shail at all times be under the responsibility of the School Administrator (Principal) or designee. 2.6 District's School Principal or hisiher designee shall provide fuil time supervision for all school programs at all times. Further, said School Principal or designee shali be responsible for surveying the condition of the building(s) both interior and exterior each day prior to commencing with the DistricYs programs and shall identify and report to the Executive Director of Plant Planning and Maintenance on a daily basis any and ail damages to said building{s), grounds, furnishings and equipment noted or which occurs while in the Districi's use. 2.7 District shall be responsibie for setting up and taking down necessary furniture and equipment when using City Recreation Center building. 2.8 Achievement Plus Site Coordinator may be placed in responsibie charge of the DistricYs School Building and/or the City's Recreation Center building at times when the School Administrator and /or the Recreation Director is not available. 00-�09 2.9 City's Recreation Director and Districf's School Principal shall meet with the Achievement Plus Site Coordinator at least four times per year for the purpose of coordinating the use of DistricYs School Building and District grounds, the City's Recreation Center and City grounds, and any space designated by either party for the Achievement Plus Community School. 2.10 District's School Principal and City's Recreation Director shall coordinate all aspects of DistricYs and City's operations on the site. Such coordination shall include but not be limited to: 2.10.1 Operation of District's program within the Recreation Center and/or on City grounds. 2.10.2 Operation of City's program within School Building andfor on District grounds. 2.10.3 Short term use of District space by City or of City space by District. 2.10.4 Evening activities at each facility for coordination of parking. 2.10.5 Vandalism of buildings. 2.1 �.6 Access issues. 2.10.7 Grounds issues. 2.10.8 Parking issues. 2.10.9 Safety and security issues. 2.11 City shail designate and reserve ten (10) parking stalis in City parking lot for daytime Recreation Center programming. DistricYs School Principal shall instruct school staff and visitors not to park in City's designated parking areas during hours of the Recreation Center operation. The location and number of reserved stalls may be adjusted per mutual agreement of District and City as specified in paragraph 2.10 above. 2.12 City's Recreation Director shail instruct staff and visitors not to park in District's designated parking areas during hours of schooi. 2.13 District and City shall abide by all such rules and regulations mutually agreed to and established by either party or by governmental regulations current and future to insure safe, sanitary, fire and health•protection to ali persons. 0 00 —(.09 3. MAINTENANCE and HOUSEKEEPWG 3.1 District shall be responsible for providing all maintenance, repairs and housekeeping for the interior and exterior of School Suifding, including the Achievement Plus School Addition 3.2 District shall provide daily housekeeping sesvices for the common areas of the City Recreation Center building, including entrance and corridor. Further, District shall provide housekeeping services on an as-use basis for the theater and gymnasium in said City Recreation Center Building. Housekeeping of theater and gymnasium shall be completed after District use but prior to regularly scheduled programming of Recreation Center (see ATTACHMENT "B"). 3.3 District shall be responsible for policing of District grounds. Further, District shall daily police District and City parking lots anc City tot IoUplay area. Policing of parking lots and tot lot(play area shail be completed after District's daily use (see ATTACHMENT ,�A )• 3.4 District shall be responsible for snow and ice removal on steps, wafkways and parking lots on District grounds. Further, District shall be responsible for snow and ice removal in parking lot on City's grounds. Snow shali be removed after each officially deciared Gity snow emergency. The Gity and District sha14 jointly review the results of the provisions of this paragraph after two snow seasons have occurred. 3.5 City shall be responsible for providing ail routine maintenance and repairs for the interior and e�erior of Recreation Center building. Further, City shali be responsible for ail major kinds of building maintenance and repairs such as renovation, remodefing and replacement of said Recreation Center bui{ding. 3.6 City shall be responsibie for providing custodial engineering and housekeeping services for Recreation Center building, except as specified in paragraph 3.2 above. 3.7 City shali be responsible for policing of City grounds, including parking lot, except as specified in paragraph 3.3 above (see ATTACHMENT "A"). oc - 6oq 3.8 City shafi be responsible for ail ordinary maintenance of City's grounds-this shall not include weed control or fertilization. Further, City shali be responsible for ali snow and ice removal on steps and walkways on City grounds after each accumulation of one (1) inch or more. 3.9 City sha(I be responsible for all snow and ice removal on public sidewaiks adjacent to and bordering District and City grounds as bounded by Bates Avenue, Conway Street, Mendota Street and Euciid Street (see ATf"ACHMENT "A"). 3.10 City shall place equipment for and provide for the removal of al1 solid waste generated by the City's operation of its Recreation Center building and grounds. 3.11 District shall place equipment for and provide for the removal of all solid waste generated by the DistricYs operation of its School buiiding and grounds. 4. ALARM SYSTEMS 4.1 City shail have instailed various alarm systems in the Recreation Center Building at City's expense. Alarm systems shall consist of: 4.1.1 A fire alarm system which is a"stand alone" system with provisions for future connections to DistricYs monitoring service. 4.1.2 A cold temperature sensor system monitored by City's monitoring service until such time that the school building addition is completed. At completion of the school building addition City shall connect its cold temperature sensor system to DistricYs. 4.1.3 A security system monitored by City's monitoring service until such time that the school building addition is compieted. At completion of the school building addition City shali connect its security system to District's. 4.2 Upon connection to DistricYs monitoring service, each ofi the above alarm sys#ems (paragraph 4.1 above) shali be monitored on a twenty-four (24) hour basis by DistricYs central security office. �4 Oo -�� 5. INDEMNITY The City and District agree to indemnify and hold hasmless the other from and against all claims of whatever kind that may arise from the City's use of the DistricYs buifding and grounds and from the District's use ofi the City's building and grounds. 6. INSURANCE The City sha41 insure the City's building and its contents for {iability, fire and comprehensive coverage. insurance limits shali be subject to the tort ciaims liability limits as set forth in Chapter 466 of Minnesota Statutes. 7. LAND LEASE That the lease of land by District to City for City's Recreation Center Building, parking lot, tennis courts and re4ated improvements and the lease of land by City to District for DistricYs Achievement Plus School Building addition shali be the subject of a separate Land Lease which is by its reference incorporated herein, along with any succeeding Agreements as well as any revisions or amendments to said Land Lease. 8. AMENDMEN7S 8.1 Any improvements or alterations affecting the District's facilities or grounds shafl require written approval by the Executive Director of School Plant Planning and Maintenance. 8.2 Any improvements or alterations affecting the City's.Recreation Center buiiding shall require written approval by the Director of Parks and Recreation. 8.3 City and District acknowiedge that an Achievement Plus Building Addition is being constructed by the District on DistricYs propefij and adjacent to City's Recreation Center building. City and District agree to amend this Joint-Use-Agreement as necessary for operation of said Achievement Plus Building Addition. 8.4 That the proper authorized District and City administrative personnel responsible for administering of this agreement are herewith authorized to make amendments to the Joint-Use- Agreement subject to mutual written agreement by both parties, and further subject to the review and approvai by legal counsel of both the District and City. Ob —60°1 REQUIRED REVIEW 9.1 This agreement shall be periodically reviewed by the parties and sha41 be updated and kept current in terms of contemporary use standards and terms. F2eviews may be initiated as needed by the City or District giving written notice to the other party; however, if a period of five (5) years has elapsed since the last review, a mandatory review sha11 be initiated by the District. 9.2 Further, the District shall initiate a mandatory review of this joint- use-agreement in the twelve (12) month period prior to expiration of this agreement. 10. TERM and RENEWA� 10.1 In the event there is any prior existing joint-use-agreement between District and City (or its predecessor in interest) covering the Dayton's Bluif Elementary School and the Dayton's Bluff Recreation Center sites, it is agreed and understood that this joint- use-agreement shall cancel and terminate any prior agreements as of the effective date of this joint-use-agreement. 102 This joint-use-agreement shall be for a term of forty (40) years commencing on the date first written above. Should a formal review as specified in paragraph 9.2, above not take place in the twelve (12) month period prior to expiration of this agreement, this agreement shall be automatically extended for a period of five (5) years. Following the five (5) year extension period, further extensions of this agreement must be agreed to in writing by City's Director of Parks and Recreation and DistricYs Executive Director of Piant Planning and Maintenance. It is agreed and understood that said renewals and extensions shall be considered amendments to this agreement, as specified in paragraph 8, above. 10.3 That District or City may initiate a request to terminate said agreement by giving written notice to the other party three hundred sixty-five (365) days prior to cancellation or termination to which both parties mutually agree. 10.4 In the event the District or City , or both parties, shall determine to discon#inue their use of the Dayton's Bluff Elementary Schooi, Dayton's Bluff Community Recreation Center or site, said action shall be pursuant to Board of Education Policy dated 00 -co9 November 6, 1985, entitled Building and Grounds/disposal, and pursuant to City of Saint Paul Policy dated March 21, 1977, City Council Resolution 268764, entitled Surpfus Real Esfate Disposition. APPROVAL AS TO FORM CITY OF SAINT PAUL By: Assistant City Attorney Mayor By: Director of Financial Services By: Director of Parks and Recreation INDEPENDENT SCHOOL DISTRICT #625, St. Paul Public Schoofs APPROVAL AS TO FORM By: District General Council Chair � Clerk F] a � z W � V � Q � W N 3 �o0ir. � sa' ♦ J � z OOOOQO000000 00 O 00000000000 JOO� � OOOOOOOOOO JOOO 000000000 000 < U O O OOOCf�000 0000 c OOOOp7o00o0000 o00C�0oo o00n � 000�0000000 O JO00 O�O 000 OOt 000��0000000 000 000 000 000 00� OOOOap000000 000 0000�000 000 00� 000�0000000 000 0 000 >0000a00000000000 � � � � � � � � � � ' • � � • ��rl • • � r � � • • � • � � • � � � � � • • • • • • � • ��• • � � � ' � • � � � �' • • Si . • . � � �� • • •� •- �y � ��• •� °�� ?1� • � � � �� • • • - � � � r �i • � � r i • � t � � " ♦ ' " •��.� r�� • i �! •�o •�� .i�,. ! . .�Q,. !�. . . . --= W � � O U W 13 ��1 � S b1 \ O p � � ¢ a r f- J m N Z O a � w Y K F- U m T 2 N � U 2 J J O m O a vr a � O ti W Z p a U W O Z � N p Z U � Z F Q U � 6 � W Z � E j Z < N 1/� � Q �n 4- k- CJ E F V U N N U N In h r f 0 o u u o � � � � � F z \ 00 _�og m D � m N D < frl Z C r*t CONWqy STREET EUCLID STREET � NORTH i�0�. -1 � � �� ;�,'' � � DISTRICT'S GROUNDS DISTRICT"S MAINTENANCE RESPONSIBILITY CITY'S GROUNDS CITY'S MAINTENANCE RESPONSIBILITY i � DISTRICT'S AND CITY'S JOINT POLICING RESPONSIBILITY (ARTICLES 3.3 >. r i � � CON Wq y PARKING LOT � � I Z ACNIEVEMENT PWS � SCROOL ADDITION r � ¢ w a 0 � a I m D m I DAYTON'S BLUFF � i ELEMENTARY SCHOOL D Z I � i;.._: m � NORTH EUCLID STREET uNe -- ¶':� ------ /� ��. i � TENNIS COU[3TS � � DAYTON'S BLUFF RECREATION D � CENTER _ 1 � � w z J � F � W a 0 � a STREET - AREA LEASED BY SCHOOL DISTRICT FROM CITY � AREA LEASED BY CITY FROM SCHOOL DISTRICT PLAY AREA S( � --- PROPERTY LINE ------ o� -�09 � EXHIBIT "C" r i � � i � Z ACMIEVEMENT PLUS � SCHOOL ADDITION r r � w O � a m �_ D � i ri � I D � Z io m � CONWqY -�_— DAYTON'S BLUFF ELEMENTARY SCHOOL STREET PARKING LOT UNE -- —�— �.�_'_-_-- � ��'� / CO R / / / VI DAYTON'S BWFF RECREATION D CENTER 0 � PLAY z AREA J } F � W a 0 a � J S( -------PROPERTY LINE ------ � NORTH EUCLID STREET - PORTION OF DAYTON'S BLUFF RECREATION CENTER CONSTRUCTED ON DISTRICT PROPERTY (ARTICLE 5) 00 -�o� � EXHIBIT "D"