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273427 WHITE - CITY GLERK (.����� PINK - FINANCE �r � GANARV - DEPARTMENT GITY OF SAINT PAUL COUIICII BLUE - MAVOR File NO. cil Resolution ,� Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, That the Council hereby approves a lease and joint use agreement between the City of Saint Paul and Independent School District �#(sa� —�dl�fr5; said agreement providing the terms and conditions for the City's lease and joint use with said District of the new Baker Multi-Service Center and various portions of Cherokee Elementary School , and FURTHER RESOLVED, That the proper City officials are hereby authorized and directed to execute said agreement on behalf of the City. COU[VCILMEN Requested by Department of: Yeas Nays � .--��,, Communi ty Servi ces Hozza tn Favor Hunt Levine _�___ Against BY Maddox Tedes ' .��� 31 �g�g Form proved by ity y Adopted ouncil: Date � Cer ied Pass y Council Secretary BY � Y t�ppr by A+lavor: Date aUG 3 lg�g App v by Mayor for Su is on to Council By BY puBttSt�EO AU G 1 1 1979 t . � �� ' ��� LEASE AND JOINT USE AGREEMENT AN AGREEMENT, dated this day of , 1979, by and between the City of Saint Paul, Minnesota, a municipal corporatio n 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, herein- after referred to as "District", WITNESSETH: WHEREAS, the District is the owner of certain real property known as the Washington School site which is located wit hin the corporate limits of the City of Saint Paul and said property is legally described as all of Block 4 and except Lots 1, 2, 3 and 5, all of Block 3, also all of vacated Marion Street adjoining said Blocks 3 and 4 and the west one-half of vacated Wooc�ridge Street adjoined Block 3, all being in Dawson and Rice' s Addition, and WE�REAS, the City is the owner of certain real property adjacent to that owned by the District and which is legally described as all of Blocks 1 and 2, Lots l, 2, 3 and 5, Block 3, the east one-half of vacated Woodbridge Street adjoining Block 2 and all of vacated Albemarle Street adjoining said Blocks 1 and 2 all being in Daws�n and Rice' s Addition, NOW THEREFORE it is mutually agreed by and between the District and City as follows: . l. That the District hereby leases to the City, in consideration of the payment of one (1) dollar � and the performance of all other provisions of this agreement, a portion of the Washington School site, which is more particularly identi- fied by EXHIBIT "A" attached, being a part of this agreement, for the purpose of construction site improvements for the North End Multi-Service Center, and certain spaces within the school structure as identified by EXHIBIT "B" attached, also being a part of this agreement; said lease commencing July 1, 1979 for a term of ninety- nine (99) years. , ' - � 2. That the City and District shall jointly use the premises described in EXHIBITS A and B as well as that real property lying east and adjacent to the District' s property which is owned by the City and legally described above for the purposes and uses and subject to the terms and conditions as herein set forth. 3. That City and District will jointly provide certain educational, recreational and social services in the use of the premises referenced in the preceding paragraph. 4. That the joint use of the premises and lease of the premises may be terminated by mutual agreement of the parties. 5. That the District shall have access to and the exclusive use of its facilities, except as identified in EXHIBITS A and B, and grounds and the City' s grounds during the regular normal school hours of the school year. The District shall, after the City' s activities have been satisfied, have first priority in the use of said facilities and grounds. The City shall, after the District' s educational activities have been satisfied, have first priority in the use of said facilities and grounds. 6. That the City shall have access to and the exclusive use- of that area of the District' s School Building, identified by EXHIBIT "B" . The City shall also have � use of the 1978 Joint City-District Gymnasium Addition and all of the District' s grounds Monday through Friday from the end of the school day to 10 :00 P .M. throughout the school year and from 9:00 A.M. to 10 :00 P.M. on Holidays, Saturday, Sunday, Winter Break, Spring Break, and during Summer Vacation. The City shall also have access to and use o�f the District' s School Building and grounds at such other times than as identified above by application for permit and approval by and through the District' s Permit Office. Said Permit will identify the spaces authorized for use, and te nn and the conditions based on the Board of Educations current policy for use of school facilities by community organizations. The District shall, after the City' s activities have l�een satis- fied, have first priority in the use of the City- District Gymnasium (1978) Building Addition. 7. That the date of this area ' s availability for construction must be coordinated and scheduled with the building principal to assure minimal impact to the educational program. 8. That the City may contract out the operations of the Multi-Service Center, or the City may sub- lease the demised premises to a nonprofit corpor- ation provided that the use of the premises shall be restricted to a Multi-Service Center. 9. That all building alterations within the Washington School site shall be subject to the approval of the District. 10. That the City shall be responsible for the costs of operating and maintaining the demised premises and the Multi-Service Center Addition including all energy, utility costs, building maintenance, custodial, and grounds maintenance. 11. That the District will provide the interior and exterior maintenance and housekeeping for the Joint City-District 1978 Gymnasium Addition. The costs of such maintenance and housekeeping shall be determined in accordance with Paragraph 25 below. 12. That if additional hours of use are needed for any part of the City' s or District' s facilities or grounds by either the City or District, a written notice must be given seven (7) days prior to such need or use by the requesting party to the appropriate party in charge (District - School Principal) (City - Recreation Director) with both parties mutually agreeing to the change in hours. 13. That the City shall indemnify and save the District harmless from any and all claims of whatever kind that may arise from the City' s construction of the improvements. It shall further be required that during construction the City require its contractor to insure against damage to the District' s building, grounds, utilities and any other liability created as the result of said construction and that the District be named in the insurance and performance bond documents. The City shall also indemnify and save the District harmless from any and all claims resulting from improper design or construction failure. 14. That the District shall indemnify and save the City harmless from any and all claims of whatever kind that may arise from the District' s use of the City' s grounds. 15. The District shall be responsible for all maintenance, repairs, and housekeeping for the interior and . exterior of the school building. 16. That the City shall be responsible for all ordinary grounds maintenance on the total City and School District sites. This shall not include weed control or fertilization. The City shall also be responsible for all perimeter snow and ice removal or sanding, including the Parking Lot and Driveways, with the District responsible for snow removal on steps and walkways leading from the school building to the public sidewalk. Snow removal shall take place after each accumulation of more than two (2) inches of snow. 17. That the City shall participate in the cost of major repairs to the District' s mechanical and electrical systems as defined in EXHIBIT "C" attached and being a part of this agreement which provide energy to the City' s Building Addition and leased School Building area . This will be pro-rated on a percentage, based on the square footage of -School District property as compared to City property. ' 18. That the areas outlined in EXHIBITS A and B will be provided with the District' s central monitoring station, intrusion and fire monitoring services on a twenty-four (24) hour basis three hundred sixty- five (365) days per year for which the City will pay the total cost. 19. That the District shall place equipment for and provide for the removal of all solid waste generated by the City' s and District' s use of said site and facilities. 20. That the District shall be responsible for all regular building maintenance as defined in EXHIBIT "D" attached and being a part of this agreement for the City' s Building Addition and leased area, inter- ior and exterior, and the area leased by the City within the Washington School for which the City will pay the total cost. 21. That the District shall be responsible for providing all custodial engineering and housekeeping services for the areas outlined in EXHIBITS A and B for which the City will pay the total cost. . 22. The cost of energy and utilities as same concerns the areas outlined in F�iIBITS A and B for gas, fuel oil, electric, water and sewer shall be paid in total by the City. 23. That the City and District shall be responsible for all major kinds of building maintenance such as renovation, remodeling, replacement or repair of the City' s Building Addition, EXHIBIT "A", including re-roofing and reflashing repairs, repainting interior and exterior, tuck pointing, plumbing, sewers interior and exterior, mechanical equipment, electrical equip- ment, etc. or major repairs to same. 24. That the City and District shall also be responsible for certain kinds of ma intenance in the leased area, EXHIBITS B and D, including interior painting, plumb- ing repairs, interior sewers, mechanical equipment, electrical equipment, floor repairs, etc. or major repairs thereto. - 25. That on a semi-annual basis, the City and District shall mutually identify the costs incurred by each party in Paragraphs 16 through 24 for the past six (6) month period with the City paying 67 percent of said costs and the District paying 33 percent of said costs, unless otherwise mutually agreed to by both parties in writing. On an annual basis, the City and District will review for the purpose , of verifying the actual percentage of use and cost by each party. 26. That in the event the District or City, or both parties, shall determine to discontinue their use of the school facilities or Multi-Service Center or site, said action shall be pursuant to Board Policy File DO-R, as adopted by the Board of Edu- cation on May 17, 1977, and pursuant to Council Resolution, No. 268764, as adopted by the St. Paul City Council on May 21, 1977. 27. That the City' s designated representative or his designee shall provide full time supervision for all of its programs at all times. Said supervisor shall be responsible for surveying the condition of the grounds each day prior to commencing with the City' s program or programs and shall identify and report to his supervisor on a daily basis any and all damages . to said grounds or equipment which occurs while in the City' s use. 28. That the District' s Building Principal or his designee shall provide full time supervision for all school programs at all times. Said Building Principal or his designee shall be responsible for surveying the condition of the grounds each day prior to commencing with the District' s program or programs and shall identify and report to the Executive Director of Plant Planning and Maintenance on a daily basis any and all damage to said grounds or equipment which occurs w hile in the District' s use. ' 29. That the City and District shall be responsible for the costs to repair or replace any damage to the grounds or equipment which occurs while said facility is under their respective control or use. 30. That the City shall be responsible for the policing of the grounds being used so that �same will be returned in the same condition as i.t was prior to the use of sa id grounds. 31. That all parties shall abide by all such rules and � regulations mutually agreed on and established by ' either party or by governmental regulations current and future to insure safe, sanitary, fire and health protection to all persons. 32. That the District shall be responsible for the policing of the grounds being used so that same will be returned in the same condition as it was prior to the use of said grounds. 33. That any improvements or alterations affecting the leased grounds or building shall require approval by the Executive Director of School Plant Planning and Maintenance. 34. That any improvements or alterations affecting the grounds shall require approval by the Superintendent of Parks and Recreation. 35. That the proper authorized District and City adminis- trative personnel responsible for the administering " of this agreement are herewith authorized to make amendments to the Joint Use Operating Agreement subject to mutual agreement by both parties, and further subject to the review and approval by legal counsel of both the District and the City. It is further conditioned that no amendment(s) shall be made to the lease porti�on of this agreement without approval of the governing bodies of both the District and the City of Saint Paul. IN WITNESS WHEREOF, the parties have set their hands the date first written above. 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I A ' T . __, .•.. ._ _ . __ • [ . . • • : � • } o . . � t �. , _�j - : j : _.- • � - - - - - - � _ 1 �e . • y';'' '; - ---• — --------- � . � � . _ .. _ D ' - — � . - - , ' : : • Z ' • . . ' . . . , - . :.—•-. 1 ; . ' i . � � � . ' � • � ' • 1 • • � . . • f � � • � �� .��� • . ������� � ����������_�1 � _ � i �JC!�-� 13 I T "3'' ' �• � ��•�• I� � I= I WASHSNGI�N HlGM SCri00l A�CIT�CN �3�_���_ �� r � _�r�� �,oe� . - . - - - - - . . .. . I ��.. ••�.. r.�� ....��o�. t E.��i.)lT 11/��� \. THE CITY Sii.OLL Pa�:I"IP:;:E Iti i�:= C.1ST OF `LaJCn FE?�:�S TO TiiE Fc�LLOI::::G: . BOILER B��::ER HE�:I\G b �'Eti:ILa:IO`J CO:.:�OLS AI� ti�::DLI::G EQL'IP`:�`T rl�Iti ELEC:RICaL SER�'ICE HIGH VOLTaCE DISTR�3L?IO\ S`:S;£`� f- -�� - ' . � � � �,i j'.�f • • �• ���� �a EYHIBIT "D" The District shall be responsible for all regular building maintenance as herein defined: Hardware - Door Locks, Closets, Door Bumpers, Window Locks -- -- � and Lifts. � Electrical - Fixtures, Recepticals, Switches, Timers, etc. Plumbing - Faucet Washers, Flushometers, Leakage, Clogged ' Drains, Fixture Replacement. . Floors - Tile, Base, Carpeting. Ceiling - Tile . Fire Alarm System Intrusion System Plaster or Sheetrock Temperature Controls � Replace Filters in Heating and Ventilating Units r ' �`t -� � � . � � or� o�; i2/19�� ' Rsv. : 9/8/76 + .. EXPLANATIC�i OF ADMINISTRATIVE �ADERS, ._..,., L_I�S, AND ORI�INANCES ���'J ��r� . � � � � � �� � nate; �u�y 10, t9�9 JUL 1 91979 . Ati4YOR� �� Tp: MAYOR GEORCE LAT � FR: 'ft'toma s J. K�e l l ey FtE: Councll Resolution approving 1ease and jc�int use,agreement with School bistri�ct � ACTION REQQESTED: � Siqndture an Coux�ci1 Resolution � PURPOSE A1�TD RATIQNALE' FOR TBZS ACTTON: � Approve lease and joint use agreement for Baker Multi-Service Center ATTAC�MENTS: Council Resolution Copy of Agreement � ° �