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269417 �NM17E � - CITV CLERK CO11I1C11 `��j�'-:�� PINK - FINANCE GITY OF SAINT PA�UL t CANARY - DEPARTMENT � � BLUE - MAYOR � � FI1C �NO• ' Resolution — Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, That the Council of the City of Saint Paul hereby directs the proper City officials to execute a Lease Agreement between the City of Saint Paul and Lance P. Crowley, Janet K. Crowley, Marlys M. Crowley and Janice M. Kernal, Partners, for the lease of portions of the City' s Mounds Paxk Recreation Center, 10� Pacific Street, Saint Paul, Minnesota, for Partners to provide a course in Women' s Gymnas- - tics at the Center at the dates and times stated therein; said lease providing for a total rental pa�rable by said parties to the City of $825.00, and further providing for public liability insurance to pro- tect the City against clai.ms for injuries; said lease to be kept on file and of record in the Department of Finance and Management Services. COUNCILMEN Requested by Department of: Yeas Nays C011611U11 $C'PV1C@S Butler Hozza In Favor Hunt Q • Levine __ Against Roedler Sylvester Tedes Adopte Council: Date ���� � q 1� Form pproved by ' y to y c Ce ified Pas by Cou cret�ry BY ` By JUL 2,2 � �9T7 Appc d by Mayor for Submi io tqCoun Appr • by ;Vlayor. Da By BY �$�isHEO JUL 3 � 1g77 . � • � 7y OM O1: I2/I9�5. ____ . , . Reu. : 9/8/7S � EXPLANAxION OF ADMINISTRATI`lE ORDERS, ��9��� � LUT 'ONS, AND ORDINANCES _._.._���,� Dat�: June 29, 1977 TO: MAYOR GEORGE LATIMER � � , �' Robert Piram - Comnunity Services . �' Council Resolut�on .authorizing lease agreement with a group (Crowley's) � offering gymnastic and tumbling instruction at Mounds Park Recreation Center ACTION REQUESTED: . . �. � Approval of Council Resolution PURPOSE AND RATIONAL� FOR TSIS ACTION: In order to provide gymnastic and turr�lin� ir�struction at Mounds �Park Recreation Center, 1000 Pacific Street. , AT''"..ACF�E�iTS: • � Council Resalution � Copy of 14greement , � . . r . - ;?�'�����, R . � LEASE AGREEMENT THIS AGREEMENT, Dated this day of , 19'7'7, by and between the CITY OF SAINT PAUL, Minnesota, hereinafter referred to as "City", and LANCE P. CROWLEY, JANET K. CROWLEY, MARLYS M. CROWLEY AND JANICE M. KERNAL, hereinafter referred to as "Partners", for the lease of portions of the City's Mounds Park Recreation Center, 1000 Pacific Street, Saint Paul, Minnesota, hereinafter referred to as "Facility"; WITNESSETH: IT IS MUTUALLY AGREED BY AND BETWEEN THE CITY AND PARTNERS AS FOLLOWS: 1. In consideration of Eight Hundred Twenty Five and no/100 Dollars ($825.00) to be paid by Partners, the City hereby leases to Partners those portions of its Facility for the dates and times set forth below. The sum payable by the Partners to the City shall be remitted in equal installments of Two Hundred Six and 2$/100 Dollars ($206.25) on August 1, and November 1, 19�'7 and February 1, and May 1, 19�8. 2. During the months of May, 19�'7 and September, 19'7� through April, 19'78, Pa rtners shall have the exclusive use of the main gymnasium at the Facility as follows: a) Monday 4:30 P.M, to 6:30 P.M. b) Tue sday 4:30 P.M. to 8:30 P.M. � c) Wedne sday 4:30 P.M. to 8:00 P.M. d) Saturday 8:30 A.M. to 1:00 P.M. 3. During the months of July and August, 19'7'7, Partners shall have the exclu— sive use of the main gymnasium at the Facility as follows: a) Tuesday 4:30 P.M. to 9:00 P.M. b) Thursday 4:30 P.M. to 9:00 P.M. � l..��'P�� � 4. During the months referenced in paragraphs 2 and 3, Partners shall also have the use of two (2) connecting classrooms and the main hallway in the classroom section at the Facility on an exclusive basis at the following hours: a) Monday through Friday - 2:00 P.M. to 10:00.P_.M. b) Saturday 9:00 A.M. to 1:00 P.M. 5. Any alterations to the portions of the Facility granted to Partners hereunder shall only be done with the prior approval of the City's Superintendent of Pa rks and Recreation and performed under his direction and control. 6. Partners' use hereunder is for the purpose of conducting a course of instruct- ion in gymnastics and tumbling for which Partners shall make a reasonable charge there- for to members of the public. '7. While Partners' use is to be primarily for instruction to women in gymnastics and tumbling, Partners will offer enrollment in its courses to persons of the male gender who may apply and will further abide by the provisions of Chapter �4 of the City's Legislative Code commonly known as the "Human Rights Ordinance." 8. Partners will save and hold harmless the City fron: any and all claims of whatever kind that may arise out of its and its staff's and students' participation in the course of instruction referenced herein. In order to give this indemnification of the City by Partners full force and effect, Partners agree to provide, at its own expense, general public liability insurance in the amount of One Hundred Thousand Dollars ($100,000.00) per individual injury or death, and Three Hundred Thousand Dollars ($300,000.00) in the aggregate. Additionally, Partners will provide, at its own expense, Workers' Compensation Insurance in the statutory amounts and prope rty damage liability , insurance in the amount of Fifty Thousand Dollars ($50,000.00). Such insurance as referenced herein shall name the City as a co-insured and shall be presented to the City Attorney on May 1, lg��. g. Except as qualified above, it is contemplated that this agreement shall commence May 1, 1977, and shall terminate on May l, 1978. This agreement shall be renewable on a yearly basis. At any time during the course of this agreement, either party may - � �, .. � ����1;�� . � 't erminate the agreement without cause upon ninety (90) days' written notice of one party to the other. 10. Partners agree that at all times hereunder they are independent contractors, not regular employees of the City, and, accordingly, are not entitled to any of the bene- . fits of regular employees of the City. IN WITNESS WHEREOF, The parties have set their hands in agreement hereto. CITY OF SAINT PAUL By.. . Approved as to Form: Mayor � - �..��/��' c�/�o`�s"'--� Assistant City Attorney . /_ , � i ,?�,,.�-- j• �„ ` Lance P. Crow� y � G ^ y Janet . Crowley , �� G . �C tG.� / . C!L �C t Ma ys M.. row ey C�:�+'- -- � -���-� ��, ��-- �anice M. Kernal %