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
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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
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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