The URL can be used to link to this page

272461 WHITE - CITV CLERK PINK - FINANCE GITY OF SAINT PAITL Council ��1` �'�'J CANARV - OEPARTMENT �� . BLUE ' - MAVOR ---��- Flle N ' "�+ il Resolution � � Presented By � Referred To Committee: Date Out of Committee By Date WHEREAS, The City of Saint Paul and Independent School District #625 have endorsed the concept of joint use of land and facilities and WHEREAS, The City desires to lease a portion of the Webster Magnet School Site (Marshall-Webster) contiguous to City-owned property for the purpose of constructing site improvements for recreational use; now therefore, be it RESOLVED, That the proper City officials are hereby authorized and directed to enter into a lease and joint use operating agreement with the School District in order to accomplish the above; subject to the terms and conditions of the agreement, a copy of which shall be kept on file in the Department of Finance and Management Services. COUNCILMEN Requested by Department of: Yeas Nays Butler � Commu 't Serv' es Hozza In Favor Hunt , Levine _ �_ Against _ ,, Maddox Showalter Tedesco JAN 3 � 19_� Form Approved by ity torney Adopted oun 1: Date C ified Pa: d by Co il Secr ary BY By �� , t�ppr y Mavor: �AN 3 O 19� Appr d y May r Submi on t CouAsil B _ — BY eus�,t�� F E8 1 � �979 . � � V •- � ^ . . ' • . R►-�� . LEASE AND JOINT USE OPERATING AGREEMENT THIS AGREEMENT, dated this day of , 1978, 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 N0. 625, existing pursuant to laws 1965, Chapter 705, as amended, hereinafter referred to as "District", WITNESSETH: WHEREAS, the District is the owner of certa�n real property known as Webster Magnet School which is located within the corporate limits of the City of Saint Paul , and WHEREAS, said property is legally described as Lots 1 thru 30 inclusive, Block 11 , and the south one-half of vacated Ashland Avenue adjoining and lying between the east line of Lot 11 , Block 11 , Holcombe's Addition extended northerly and the west line of St. Albans Street, Lots 11 thru 20 inclusive, and the vacated alley adjoining said lots, Block 10, Holcombe's Addition to the City of Saint Paul , and all of vacated Ashland Avenue adjoining Lots 16 thru 20, Block 10, and Lots 11 thru 15, Block 11 , Holcombe'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 Lots 1 thru 10 inclusive and Lots 21 thru 30 inclusive, and the vacated alley adjoining said Lots, Block 10, Holcombe's Addition to the City of Saint Paul , and the north one-half of vacated Ashland Avenue adjoining and lying between the east line of Lot 20, Block 10, Holcombe's Addition and the west line of St. Albans Street, and WHEREAS, the City desires to lease a portion of the Webster Magnet School site, which is more particularly described as Lots 11 thru 20 inclusive, Block 10, the westerly 15 feet of Lot 4, all of Lots 5 thru 11 inclusive, Block 11 , Hol- combe's Addition to the City of Saint Paul and those portions of vacated Ashland Avenue adjoining said lots as illustrated in 'Exhibit A' , and here- inafter referred to as "grounds", for the purpose of construction site improvements for recreational use, which includes the following: athletic fields, tennis and basketball courts, children's play area, passive area, parking, field lighting, and WHEREAS, the City and the District covenants that each has good and sufficient title to the premises above described and noting ownership., and WHEREAS, the City and the District desire to enter into a Joint Lease and Joint Use Agreement for the purpose of providing Comnunity Education, City Recreational Programs and School District Outdoor Educational and Physical Education Programs; _ . : . . ��,�� . � f _._ NOW, THEREFORE, in consideration of the mutual benefits and advantages hereinafter provided for the mutual covenants and promises hereinafter set forth, City and District to do hereby agree as follows: 1 . THAT, the District does herewith demise, lease and let unto the City, in consideration of a payment of one (1) dollar and the performance of all other provisions of this agreement, for a term of fortjr. (40) years comnencing , 1978. 2. THAT, the City herewith covenants and agrees that it will use said premises for the purpose intended, to-wit: the construction of site improvements for recreational use, which includes the following: athletic fields, tennis and basketball courts, children's play area, passive area, parking and field lighting and such related uses which would be common to these recreational facilities or any lawful recreational use as agreed upon by the parties hereto. � 3. THAT, it is mutually agreed by both parties that either party may initiate a request to terminate said lease by givin written notice to the other party three hundred sixty-five �365) days prior to cancellation or termination to which both parties must mutually agree. 4. THAT, the District shall have access to and the use of its grounds and the City's grounds during the regular normal school hours of the school year. This shall be extended to include the use of said grounds in total or in part by the District for such special educational activities that occur after the regular normal school hours or school year. 5. THAT, the City shall have access to and the use of the City's grounds, and the School District's grounds, Monday through Friday after the end of the school day throughout the school year and on Holidays, Saturday, Sunday, Winter Break, Spring Break, and during su�aner vacation. The City shall also have access to the use of the District's building via application for permit and approval by and through the District's Permit Office. Said Permit will identify the spaces authorized for use, the term and the conditions based on the Board of Educations current policy for use of school facilities. 6. THAT, if additional hours of use are needed for any part of the City's or District's grounds by either the City of 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 mutu�ly agreeing to the change in hours. • ' . , �}'��.�,'`� 7. 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 use of the leased grounds and during any 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. 8. 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 leased grounds. 9. A.THRT, the City shall be responsible for all ordinary grounds main- tenance on the City's grounds and on the leased grounds area. 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 the total Webster Magnet School site perimeter, and the District shall be responsible for snow removal on steps and walkways leading to the public sidewalk. Snow removal shall take place after each accumulation of more than two (2) inches of snow. B.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 grounds. 10. THAT, on a semi-annual basis, the City and District shall mutually identify the costs incurred by each party for Items "A" and "B" in Item No. 9 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. 11 . THAT, i.n the event the District or City, or both parties, shall determine to discontinue their use of the site, said action shall be pursuant to Board Policy File DO-R, as adopted by the Board of Education on May 17, 1977, and pursuant to Council Resolution, No. 268764, as adopted by the St. Paul City Council on May 21 , 1977. 12. THAT, the City's Recreation Director 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. . �r1��`'�' . ` . . _ 13. 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 while in the District's use. 14. THAT, the City and/or 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 control or use. 15. 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. 16. THAT, the District shall be responsible for the policing of the grounds being used so that same will be returned in the same conditions as it was prior to the use of said grounds. 17. 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. 18. THAT, any improvements or alterations affecting the grounds shall require approval by the Executive Director of School Plan Planning and Maintenance. 19. THAT, any improvements or alterations affecting the grounds shall require approval by the Superintendent of Parks and Recreation. 20. THAT, the proper authorized District and City administrative personnel responsible for the administering of this agreement are herewith authorized to make amendments to the Joint Use Operating Agreement subject to mutual agreerr�nt 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 C�ty of Saint Paul . . �. . . �~1�� `�. IN WITNESS WHEREOF, the parties have set their hands the date first written above. APPROVED AS TO FORM: CITY OF SAINT PAUL �� c C BY: Assistant ity Attorney ' M yor APPROVED AS TO FORM: � . ,�� • �G�� Director, Dept. of Finance and �U�� Management Services `'—� � Board Attorney ir r of Com i y S rvices INDEPENDENT SCHOOL DISTRICT N0. 625 BY: ��' ��n—�%� � Chairperson � -L��-� l �'—� � i Treas er ,, erk �a + i =w •• •� •^ �• � _ s � t� 'a -: •: =; � :: :: s�. � � - . s: _ s'a =s = `•i �s =� �t '•' : : -ss � ' ��T:=�� : =i �i / 'i � _= _= '� _� ��i�'?a� : �� _ - • : • ; � . _ _ $ i j � i. . . . . . . ( o�'i �- , �� _. - - - _ - . : d � y x �� - � ' _ � � � � ::..._.. . � _ � . . ' : - . :.. . _.:. _� a �- � � _: �h ` . �. w . . . � . . : �r . . � � . . � • . � �} -•' -�a �� t . . .: � . . - ' � � �.z��, � ' •�.�'� � . _��s��... _� � � � � , � 1 ' �/ � t ! � _ � �g y � � W ` ' 1 :_ � 's` � ""` � s :��- `� • � � . � 1 ��J �� - � � ` •_' � '� �af.:�" t•�.. W��` s ?' ��!i ,�. �� ..e �� b . �.�� , • � , �� ,�, � N � 0 �r' � � . � � + I ' # ` �,� .� � � 'a � �,,� � i � •� � t _t � i� "�:""""�. _a ,% �^� � �-^ t .-` � � � . } �. � � � �� , � �� . --- � ! : ' ; Tr ,� �� : . ; ; . W l� �{ +� � . `." � ; �- � ':f�' ;�; �� •N� ` � ` C z .��-"�'� ; ,," I �• .�.� � �T ' � �� i ' ' .. ,� . y ,�4 • � � .,.� � � 1r� � i t :( � �: Y'i. i � � � • � 1 \ J ` ` ~ ,' y `�' J'.°Y-� "� ; _ _ � _ '', '`~ , � � "�� ` N ` - � • � � �_i .-.._. " � � � � � ��` y Q��5 J ' , Y � t N �' �� ` - �� 1 ` �a,�*� �"�� fA! �; � , � i!` �; � � ' G, � '1� �5 r 4 � • � � � .r � �.. f I � • ;. r/ •� �Y+►�ir .�/. ./ i /'..�� ! •. y '�'- ; . �.'� . ii� . � �b � � ,� � '� � . •..��j � �.{ Z i /Q_� .. ��;� , `��,,,` f'�`� , � F 1 / .� �� .�.,� w �'�.` • !., 'i �� ,1 . . �,/��'% • �_ , r ��, y,/ /•.�., � � , i ,M�� _ r`�"1�►V�.�-�� ...�.`..�N 1 : '� 1 � - �_ � -� .v9 ,,! � - - -- + r-r- - - 'a ' • � s .�� R ' �� `'� ' � `�-� �+�1� �✓ f .r' � v � ' ! • �I � ��"��j . . .. . w' : . ' _ ,.Y . ,� �OM O1 : 12/1975 j . , Rev. : 9/8/76 � EXPLANATION OF ADMINISTRATIVE ORDERS, UTIONS, ORDI N �'�?�� R��=�'�'-'�°�' Date : January 15, 1979 ,�;�� `16 ��9 ' i`�+�•", ........,. . T0: MAYOR GEORGE LATIMER F'R: Thomas J. Kelley, Director, Department of Community Services RE; Council Resolution regarding Lease-Joint Use Agreement between City-I.S.D. 625 for the Webster Magnet (Marshall-Webster) Site ACTION REQUESTED: Approval of Resolution for submission to City Council PURPOSE AND RATIOI�ALE FOR THIS ACTION: This is necessary to authorize City participation in joint-use site deve1opment and programming at the Webster Magnet (Marshall-Webster) site. ATTACI�IENTS : Council Resolution - for signature � Joint Use Agreement - copy for reference