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271335 WHI7E - C�TV CLERK COl1ITCY1 �(J,,� + ��'j�-�'ji^�� PINK � - FINANCE G I TY OF SA I NT PAU L •���,��'VV CANARY - DEPARTMENT BLUE - MAYOR File NO. Council 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 ti�e Groveland Elementary School site for the purpose of constructing a building addition to provide community education, recreation, and physical education programs; now, therefore, be it RESOLVED, That the proper City officials are hereby autho���ed and directed to enter into an 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 an file in the Department of Finance and Management Services. COUNCIL�IEN u d by Department of: Yeas Navs Community Services Butl r ��� Ho a Hozza [n Favor t �� L ine �W^e _�_ Against BY e ler Maddou Ive er� edesc „` Adopted b}� Cou . Date —�v� � 7 � Form A proved City Att r y Certif� asse . ounci cretar� BY- � i.� B L/���� Appro��ed by Mayor: Date � ���L �� Approv by ayor for Sub io t Council BY —�/���4 ` �j��" "`'��. By t�lIBLISHID JUL 1 �� � OD�i 4T» I��19�'75 _ Rea. : ' 9f8/7� ' _____. .__ . E LANA�`I0�1 Qi' FiD :STR,A��kC Q Eit�. �����±� t �� � �1 nate: �arne as, 1978 TO: MAYOR GEORGE LATIMER :;' �: T6c�5 �. K��1 ey ' „' RE• � . � Agr�ement be�w�n School Aistrict and City � . � � . . � � � ��, �i ACTI4N ItEQR�STED: . Signature �n Council Reso1ution � � PQ1iPOSl� ,ADiD RATZE)NALE� ia`OR THIS ACTi�N: . � City to lease portion of &�ovela�d site to construct,a bldq. addition to program com�tr�ity educati.on. recreation, ar�d physical education programs . , ATTI�+GHMEIITS e , co�y o� a�nt . Copy of School Board Resolution Approving Agreement � - Page 1 of 7 Pages LEASE AND JOINT USE OPERATING AGREEMENT ������ THIS AGREEMENT, dated this day of , 1978, by and between the CITY OF SAINT PAUL, MIN:QESOTA, 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, euistiag pursuant to laws 1965, Chapter 705, as amended, hereinafter referred to as "District", WITNESSETH: ' WHEREAS, the District is the owner of certain real propertq known as Groveland Elementary School which is located within the corporate limits of the City of St. Paul, and WHEREAS, said property is legally described as all of Lots 1 thru 24, Block 7, Underwood's Third Addition, and the west 24 feet of vacated Renneth Street, ad�oining Block 7, and WHEREAS, the City desires to lease a portion of the Groveland Elementary School site; which is more particularly described as the north 118.3 feet of Lots 1, 2, and 3, Block 7, Underwood's Third Addition for the purpose of erecting and constructing a Building Addition to the existing school building, which includes the following: Gymnasium, Office, Restrooms, Locker Room, Craft Room, Kiln Room, Kitchen and Storage Rooms, and WHEREAS, 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 forty (40) years commencing , and WHEREAS, the District covenants that it has good and sufficient title to the premises, and WHEREAS, the City herewith covenants and agrees that it will use said premises for the purpose intended, to-wit: the erection and construction of a Building Addition to the esisting Groveland School Building and such related uses which would be common to � , Page 2 of 7 pages 2�13�� that type of facility or any lawful recreational use as agreed upon by the parties hereto, and WHEREAS, it is mutually agreed by both parties that either party may initiate a request to terminate said lease by giving written notice to the other party three hundred sixty-five (365) days prior to cancellation or termination to which both parties must mutually agree, and . WHEREAS, the City and the District desire to enter into a joint use of facilities and grounds agreement for the purpose of providing Co�wnity Education, City Recreation Programs and School District Education and Physical Education Programs; NOW, THEREFORE, in consideration of the mutual benefits and advantages hereinafter provided for the mutual covenaats and promises hereinafter set forth, City and School District do hereby agree as follows: 1. The District shall have access to the exclusive use of its facility, its grounds and access to the Citq's Building Addition and grounds during the regular normal school hours of the school year. This shall be extended to include the use of its facility and grounds by the District for such special educational activities that occur after the � regular normal school� hours or school year (such as Parent Teacher Student Association, summer school and other programs) . The City shall, after the educational activities have been satisfied, have first priority in the use of the sc}�ool facility. This shall include the City's ice rinks,-play areas, and warming room. 2. The City shall have access to and the exclusive use of the City's Building Addition and grounds, and access to the School District's building and grounds, Monday through Friday from the end of the school day to 10 p.m. throughout the school year and from 9 a.m. to 10 p.m. on Holidays, Saturday, Sunday, Winter Break, Spring Break, and during Summer Vacation. The City shall also have access to the use of the Districts School Building and grounds by application for permit and approval by and through the District's Permit Office. Said Permit will identify the spaces authorized for use, the term aad the conditions based on the Board of Educations current policy for use of . Page 3 of 7 Pages school facilities by community organizations. The District shall, after the City's activities have been satisfied, have first priority in the use of the City's Gymnasium Building Addition. 3. If additional hours of use are needed for any part of the City's Building Addition and/or the School Facility 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 partq in charge (District - School Principal) (City - Recreation Director) with both parties mutually agreeing to the change in hours. 4. The City shall indemnifq and save the District harmless from any and all claims of whatever kind that may arise from the City's use of the District's Building and Grounds and during construction of the Citq's Building Addition. It shall further be required that during construction of the City's Gymnasium Building Addition that the Citq require its contractor to insure against damage to the School Districts building, grounds, utilities aad 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 indemnifq and save the District harmless from any and all claims resulting from improper design or construction failure. 5. The District shall indemnify and save the City harmless from any and all claims o� G�hatever kind that may arise from the District's use of the City's Building Addition ur_d grounds. 6. The District shall be responsible for all maintenance, repairs and house- keeping for the interior and exterior of the School Building. 7. A. The City shall be responsible for all ordinary grovnds maintenance on the total Groveland site. 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 to the public sidewalk. Snow removal shall take place after each acc�ulation of more than two (2) inches ' . Page 4 of 7 Pages 7. (continued) of snow. B. The City shall participate in the cost of major repairs to the District's mechanical and electrical systems as defined in exhibit "A" attached and beiag a part of this agreement which provide energy to the City's Gqmnasium Building Addition. This will be pro-rated on a percentage, based on the square footage of the Building Addition used by the City. C. The City's Building Addition will be provided with the District's central monitoring station, intrusion and fire monitoring services on a twenty-four (24) hour basis three himdred sixty-five (365) days per year. D. 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. E. The District shall be responsible for all regular building maintenance as defined in exhibit "B" attached and being a part of this agreement for the City's Building Addition interior and exterior. F. The District shall be responsible for providing all custodial engineering and housekeeping services for the City's Building Addition. G. The cost of energy and utilities as same concerns the City's Building Addition for gas, fuel oil, electric, water and sewer shall be shared by the City. The Citq shall pay 67 per cent of said costs and the District shall pay 33 per cent of said costs. H. The District shall insure the City's Building Addition and its contents for liability, fire and comprehensive coverage for which the City will share the cost. . Page 5 of 7 Pages 7. (continued) I. The City shall be responsible for all major kinds of building maintenance such as renovation, remodeling, replacement or repair of the Building Addition, including re-roofing and re- flashing repairs, repainting interior and exterior, tuck pointing, plumbing, sewers interior and eaterior, mechanical equipment, electrical equipment, etc. or major repairs to same. 8. Oa a semi-annual basis, the City and District shall mutually identify the costs incurred by each party for Items "A" through "I" in Item No. 7 for the past sia (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. 9. In the event the District or City, or both parties, shall determine to discontinue their use of the Groveland School, Building Addition or site, said action shall be pursuant to Board Policq 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. 10. The City and District shall mutually agree on and install signs in the City's Building Addition indicating the kinds of clothing and equipment which shall be prohibited within the bidlding. 11. 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 building(s) both interior and exterior each day prior to com�encing with the City's program or programs and shall identify and report to his superoisor on a daily basis any and all damage to said building(s) or equipment which occurs while in the City's use. 12. The District's Building Principal or his designee shall provide full time supervisioa for all school programs at all times. Said Building Principal or his designee shall be responsible for surveying the condition of the building(s) both � , Page 6 of 7 Pages interior and exterior each day prior to co�encing 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 building(s) or equipment which occurs while in the District's use. 13. The City of District shall be respaasible for the costs to repair or replace any damage to the building, grounds, furnishings or equipment which occurs while said facility is uader their coatrol or use. 14. The District's School Building and Grounds shall at all times be under the responsibilitq of the School Administrator (Principal) or his designee. 15. The City's Building Addition and Grounds shall at all times be under the responsibility of the Recreation Director or his designee. 16. The Recrestion Director in charge of the City's program(s) or his designee shall be required to phone Central Security when opening and closing the facility. 17. The City shall be responsible for the policing of the District's grounds being used so that same will be returned in the same condition as it was prior to the use of said grounds. 18. All parties shall abide by all such rules and regulations mutually agreed on and established bq either party or by governmental regulations current and future to insure safe, sanitary, fire and health protection to all persons. 19. The District shall be responsible for the policing of the City's grounds being used so that same will be returned in the same condition as it was prior to the use of said grouads. 20. Any improvements or alterations affecting the District's facilities or grounds shall require approval by the Executive Director of School Plant Planning and Maintenance. 21. Aay improvements or alterations affecting the City's Building Addition or grotmds shall require approval by the Superintendent of Parks and Recreation. 22. The proper authorized District and City administrative personnel responsible for the administering of this agreemeat are herewith authorized to make amendments to ' Page 7 of 7 Pages the Joint Use Operating Agreement sub3ect to mutual agreement by both parties, and further subject to the review and approval by legal council 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 WITNESS WHEREOF, the parties have set their hands the date first written above. . APPROVED AS TO FORM: � CITY OF SAINT PAUL By: Assistant City Attorney Mayor APPROVED AS TO FORM: Director, Dept. of Finance and Management Services Board Attorney Director of Community Services II��:PENDENT SCHOOL DISTRICT N0. 625 By Chairperson . Treasurer Clerk ' . F.+~�f����� EXHIBIT "A" THE CITY SHAI.L PARTICIPATE IN THE COST OF MAJOR REPAIRS TO THE FOLLOWING: BOILER � BIIRNER HEATING � VENTILATION CONTROLS AIR HANDLING EQUIPMENT MAIN ELECTRICAL SERVICE HIGH VOLTAGE DISTRIBUTION .SYSTEM EXHIBIT "B" 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 - zFaucet 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 Aeating and Ventilating Units i�ti�t.���tiur_�i ti� riuu�ui5i kic � �u. �,_, �G����� �-• bOARD AIO �,�� � BOARD OF EDUCATION FII.E �V , ST. PAUL PUBLIC SCHOOLS RESOLUTION—GENERAL FORM DATE � WHEREAS, the Board of Independent School District No. 625, on May 1, 1973 (File: LDA) adopted a policy to cooperate with the City of St. Paul to attempt to provide �oint use of land and facilities, and WHEREAS, the Board of Independent School District No. 625, on February 15, 1977 (B.F. 9110) endorsed the concept of 3oint use of land and facilities, and WHEREAS, the Board of Independent School Dis�trict No. 625, by � mqtion on March 15, 1977, authorized payment of the architectural fees for the joint use pro�ect at Groveland Elementary School aad directed the � administration to develop with the City a �oint use agreement document, and WHEREAS, the Board of Independent School District No. 625, on February 21, 1978 (B.F. 9581 and 9582) commissioned architects to design the Groveland and Homecroft Joint Use Facilities, NOW, THEREFORE, BE IT RESOLVED, that the Board of Independent School District i�o. �625, herebq suthoriaes the administration to enter into a Joint Use Agreement with the City of St. Paul as it concerns the Groveland Elementary School Joint Use Pro�ect. AYE NAY _ CHAIRMAN _ _ VICE CHRM. — - _ CLERK � _ TREASURER _ _ MEMBER � MEMBER Adopted 19 MEMBER / � / ,.,Z 1/ AIRMA Boa d of Ed ation J CLERK, Board of Education