273428 M�HITE - GITV CLERK �����
PINK - FINANCE G I TY O F SA I NT PA U L Council
CANARV - DEPARTMEN T
BLUE - MAYOR File NO•
ncil Resolution ,
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, That the Council hereby approves a lease and joint use
ageement between the City of Saint Paul and Independent School District
#625; said agreement providing the terms and conditions for the City's
lease and joint use with said District of the new North-End Multi-
Service Center and various por�ions of Washington Junior High School ,
and
Further Resolved, That the proper City officials are hereby authorized
and djrected to execute said agreement on behalf of the City.
COU[VC[LMEN Requested by Department of:
Yeas Nays
��. Community Services
Hozza In Favor
Hunt
Levine � __ Against
Maddox
Te co JUL 3 1 1979 Form pprove C' rney
Adopte y Council• Date
�
Cer ied Yas by Counci retary BY
�
t#p by iVlavor: Dat Att�± ? 107Q A pr v by Mayor for u i sion to C uncil
gy B
PuBt�S�O AU 6 1 1 1979
w �
r �
, LEASE AND JOINT USE AGREEMENT ������
AN AGREEMENT, dated this day of , 1979,
by and between the City of Saint Paul, Minnesota, a
municipal corporatir�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 Woocmridge Street adjoined
Block 3, all being in Dawson and Rice' s Addition, and
WHEREAS, 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 1, 2, 3 and 5, Block 3,
the east one-half of vacated WoocU�ridge Street adjoining
Block 2 and all of vacated Albemarle Street adjoining
said Blocks 1 and 2 all being in Daws�n and Rice' s
Additian,
NOW THEREFORE it is mutually agreed by and between the District and
City as follows: ,
1. 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 E�iIBITS 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 identif ied
in F�iIBITS 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 of 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 been satis-
fied, have first priority in the use of the City-
District Gymnasium (1978) Building Addition. '
r
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 aIl 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 E�iIBIT "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 C ity property.
18. That the areas outlined in E�iIBITS 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
a1.1 major kinds of building maintenance such as
renovation, remodeling, replacement or repair of the
City' s Building Addition, F�iIBIT "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 pa inting, plumb-
ing repa irs, interior sewers, mechanical equipment,
electrical equipment, floor repairs, etc. or major
repa irs 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 C ity' 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 Prin�cipal 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 it was prior to the use of
said 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 portion of
this agreement without approval of the governing bodies
of both the District and the City of Saint Paul.
IN inTITNESS WF�REOF, the parties have set their hands the date first
written above.
APP VED AS O C ITY OF SAINT PAUL
�,' -°�
� , .
BY:
Assistant Ci Attorney Mayor
Director, Dept. of F inance and
Management Services
APPROVED AS TO FORM:
Director, Community Services
Board Attorney
INDEPENDENT SCHOOL DISTRICT NO. 625
BY•
Chairperson
Treasurer
Clerk
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E:��?i:3.T '�C"
THE CITY Sii.`�I.L Pa��I•^.IPyiE I�i THr C�ST OF .`La�Cn
FEP�:�S TO TiiE FOLLO�:?::G: ,
.
BOILER
B�3::cR .
� � HE:�.I\�, 5 CEti:ILa:IO`l CO::::OLS ,
_ AI3 H�:;DLI:G EQL'IP`:��T
M�Iti ELEC:RICaL SERCICE �
HIGH VOLTaGE DIS:R:3L"TIO� SYS:E:i
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E�CHIBIT "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
� �__ --_ ,,. . oM o�: I2/1975
�' � Rav. s 9�8/?6
E� IGN GF ADM.,.,�'tDtISTR�ATIVE ORDER8,
x�����'" t3T�SN:�, AND ORD1rDiAl�T��3
��I . ��r�,. �'\�� .
�
�nmts= �uty to, t��9 � � � � � � V/E D
JUL 1 � tg79
. MAYOR's OFFIC'E
�"0: MAYOA G80RGE LATIMER �
FR: Thoinas J. Ke11 ey����
RE: C�outicil Resdlution approving lease and joint use agreement with
�5chool �istrict �
ACTIOi+i REQ�SESTED s .
Signature on Coanci1 Resolution• �
PUIRPOSE AND RATIONALE FOR THIS ACTION:
Approve lease and 3iont use agree�ment for Nnrth End Mu1.ti-Service Center
ATTAC�IENTS:
Council Resolution �
Copy vf Agreement . �