260110 WN�YE - C1TV CLERK _ �
rflfR�"� -�INAN'CE 260�10
. Ru�RY+�M�.PAR E"T � , GITY OF SAINT PALTL F le ci1N0.
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' � - C un 'l esolution �f
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Presented By
Referred To Committee: Date
Out of Committee By Date
WHEREAS� The City of Saint Paul, pursua.nt to Grant Agreement.
with the United States Department of Housing and Urban Development
- and Cooperative Agreement between the City and Hallie Q. Brown
ConmYUnity Center� Inc. , has caused to be constructed a neighborhood
facility, known as Ma.rtin Luther King, Jr. Neighborhood Service
Center located at Ma.rshall and Kent Streets; and �
WHEREAS, The total funding for the construction of this neigh-
borhood facility was provided by HUD and Hallie Q. Brown Community
Center, Inc. , with the understanding tha.t the City would lease a
portion of the facility to Hallie Q. Brown Community Center, Inc. ,
_ to be used for the purposes as set forth in the Grant Agreement with
HUD, and the rema.inder of the facility to be ma.intained by the City
for the City' s Recreation Program; and
WHEREAS� The neighborhood facility is now ready for occupancy
and the Mayor ha.s recommended that the Lease Agreement be approved
by the City Council; now, therefore, be it
RESOLVED, That the Council of the City of Saint Paul does
hereby approve and authorize a Lease Agreement between the City and
Hallie Q. Brown Community Center, Inc. , pertaining to the Ma.rtin
Luther King, Jr. Neighborhood Service. Center being for a term of
forty years, commencing on the lst day of September, 1972, and pro-
viding four successive options to renew the Lease for additiona.l
periods of ten years; and providing in consideration therefor the
tenant will be responsible for the operation, ma.intenance and re- -
pa.ir of that part of the neighborhood facility leased to it, and,
further providing that certain operating costs will be divided by
and between the City and the tenant as set forth in a separate
Operating Agreement, all in accordance with the specific terms and
conditions as set forth in the Lease Agreement, a copy of which is
attached hereto; and be it
COUIVCILMEIV
Yeas Nays Requested by Department of:
Hun t
Konopatzki [n Favor
Levine
Meredith Against BY
Sprafka
Tedesco
Mme.President Butler 1 �
Form Approved b City�Attorne,y
Adopted by Council: Date �
Certified Passed by Council Secretary BY �
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BY � i
Approved by Mayor: Date
Approv �r for iSubmiss' n to Council
By BY
.•..�WHITE - CITV CLERK ` COUI1C11 ������
PIR1�K -�-f'INANCE .� l
. �CANA�tY� DEPARrtWENT GITY OF SAINT PALTL File NO.
� tU�� - M,4i'OR
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.f
� - � - Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
2 .
FURTHER RESOLVED, Tha.t the Mayor, City Clerk and Head of the
Department of Fina.nce and Ma.nagement Services are hereby authorized�
and directed to execute the said Lease Agreement on behalf of the
City of Saint Paul; and be it
FURTHER RESOLVED, Tha.t the Council of the City of Saint Paul
does hereby approve the Operating Agreement between the City and
Hallie Q. Brown Community Center, Inc. , a copy of which is
attached hereto, and the Mayor and Head of the Department of Fina.nce
and Mana.gement Services are hereby authorized and directed to
execute said Agreement on behalf of the City of Saint Paul.
COUNCILMEN
Yeas Nays Requested by Department of:
Hunt
Konopatzki In Favor
Levine
Meredith � Against BY
Sprafka
Tedessa
Mme.President Butler
Adopted by Council: Date
NOV 14 1972 Form Approved by City Attorney
Certi e ed by Cou il r tary BY
By
NOV 14 �g�2 Approved by Mayor for Submission to Council
Approv by r: Date
BY By
Rusu��n N OV 181972
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� OPERATING AGREEI�'�NT
THIS AGREEMENT, Made this day of � 1g72�
by �nd between the CITY Or SAINT PAUL, a municipal corporation and
political subdivision of the Stat� of Minnesota, hereznafter re-
ferred to as "City" and HALLIE Q. BRQWN COMI"IUNITY CENTER, INCORPORATED,
a n�nprofit corporation of the State of Minnesota, hereinaf ter re-
ferred to as "Agency";
ti•�ITl`dESSETH:
WHEREAS, The City ha.s contracted with the United States of
America, acting by and through the Secretary of Housing and Urban _
Development for a "Neighborhood� Fa�ilities Grant Contract" (Project
No. Minn. N-9) under which there was �contracted a neighborhood �
facility identified as Martin Luther King, Jr. Neighborhood Service
Center, located within the Sammit-University Urban Renewal Project
(Minn. A-1-1) in the City of Saint Paul, Minnesota; and - ,
WHEREAS, Pursuant to the submissions rnade in the furtherance
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of the Federal financial assistance� grant under Title VII of the -
Housing and Urban Development Act of 1965, the locai funds for the
aforesaid construction were furnished and paid over by the Agency �
to the City for application as required to the contracts covering
�such construction, and in consideration thereof the Agency is to
ha.ve a lease at nominal rent for a substantial portion of the
facility on terms and as set out in the City' s application for said
grant; and, upon completion of construction, said facility is to
be occupied by the City and the Agency for the conduct by them and
other public and private social services pragrams for the community
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to be served; and
WHEREAS , The Federal Aid Agreement aforesaid requires, and
the parties hereto d�sire to record the Operating Agreement under
which the aforesaid neighborhood facility will be occupied and
services provided for �he cozrmzuniiy; -
NOW, THEREFORE, IT IS AGREED, By and between the pa�ties here-
to tha.� the provisions hereinafter set forth shall apply and control
in respect to ali operations by the parties hereto, or others under
agreement with them, conducted to, at or from the neighborhood
- facility fram the date of occupancy by the Agency of portions of
said facility under lease' from the City and continuing so long as
such occupancy continues und�r said lease or under said lease as
� renewed or extended.
Consistent with the underlying Lease Agreement and the. require-
ments and regulations of the Secretary of Housing and Urban
Development governing Title VII of the Housing and Urban Development -
Act of 1965, the provisions governing operations are as follows:
(1) Physical Control over the Facility. As designated in �
- � the underlying Lease; the floor space constituting the neighborhood
facility shall include (a) floor space under lease to and under
the overall operating control of the Agency and (b} floor spa.ce
reserved by the City for its separate operations and held by it
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under its overall operating control.
(A) Joint planning and agreement by the City and
Agency staffs shall precede the use of the multipurpose �
room, and periodic meetings of these staffs shall be held
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to ensure maximum use of the facility.
(B) The City and the Agency shall each permit to
the other use of portiflns of the neighborhood facility
under their separate overall control, consistent with
their separate programs and without charge or �fee. :
(2) Purposes of Operations . The neighborhood facility shall
be used to carry out a program of health, social, recreation or •
other co�nmunity service in accordance with the"Grant Contract".
The neighborhood facility will be ma.intained and operated by the
parties for the benefit of the public and the community served, as
required under the "Grant Contract" through the separate action and
contribution of the separate funds, special skills, personnel and
equipment of each of the parties, and of other agencies, public -or
private, which, under agreement with the Agency, ma.y operate there-
from. In furtherance of the foregoing, the parties shall each
de�ro'te personnel and equipment to the fuli extent of their budgetary
capabilities and as required to meet the needs of their segarate
programs . Operations hereunder shall be in furtherance of the
public purposes of Title VII of the Housing and Urban Development
Act of 1965 and rules promulgated thereunder and in accordance with
a11 requirements imposed by or pursuant to regulations of the
Secretary effectuating Tit1e VI of the Civil Rights Act of 1964
(�8 stat. 241, Zs2) . ,
(a) The parties shall not deny to any person, ::n
the basis of race, creed, sex, color or national origin,
the use, benefits or services provided by the neigh�orhood
facility, or any replacement thereof, nor provide any use,
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� services ar benefits to a person which are different or
are provided in a difierent manner from those provided
to athers under the �ame program or activites.
B. It is understo�d that tl�e pa?-ties hereto and
those operating therefrom unde-r their agreement �aith
th�m shall occuFy, operate and maintain the aforesaid
neighborhood facility for the aforesaid purposes and
subject to the aforesaid laws, rv.les and reguiations .
(3) Fina.ncial Res�onsibility• AI�1 costs involved in the use,
operation, maintena.nce, repair, and management of that portion af
the neighborhood facility under lease to the Agency, sha.11 be its
separate responsibility, and all cost involved in the use, operation,
ma.intena.nce, repair, management and operating control of the re-
mainder of said neighborhood facility, shall be the responsibility _
of the City. _.A11 costs applicable to the facility as a whole, and
set forth in Schedule A attached, sha:ll be sha.red by the parties as
set out in said Schedule A, which schedule may from time to time be
amended to reflect change in use of the facility by the contracting
pa.rties and others . The proportionate sharing by the parties of
operating costs, as set out in the Schedule A attached, shall at the
end of eighteen (18) inonths from the date hereof and every year
thereafter, be revised to ref lect, the actual use by each pa.rty of
the facility for the past year. For purposes of budgeting, the
parties sha.il es�ima.te operating costs of the facility for the
coming fiscal and accounting year.
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(4) Use of Facility b Others . Except for that portion of
the facility under overall control of the City, the use of that
portion of the facility under the overall control of the Agency
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shall be subject to schedulin� by Agency, and the Agency, through
st�bleasing agreements or use perrnits, shall make such space avail-
able, a� times other than that requ.ired io-r programs of the Agency,
for the programs of other public or private social service agencies
to m�et the needs of the comm�unity served.
(A) -Except as waived in writing by the parties
hereto, agencies or others ma.king use o.` portions of the
facility as aforesaid sha.11 be required to pay for space
used proportionate to their use of the same and to abide
by the requirements of th2 under�ying leas� and of this
agreement which sha11 control zn respect to sueh occupan.cy.
It is understood that the foregoing facility as a neigh-
borhood community facility, is not to be operated for
� purposes of profit to the Agency and City, . and cha.rge for
use is intended simply to cover the cost af ma.king such
space available ior such use and to maintain and repair
the same; and the charge for space used by others may
from time to tir:e be amended by agreement of the parties
� hereof.
(B) The parties hereto shall, by agreement, establish
rules� and regulations for the use of space within the : r;
neighborhood facility, which rules, posted throughout �the
building so as to advise the public, sha11 control, an�
occupancy of space �aithin the facility is hereby expressly
declared to be subjec£ to such rules and regulations or '
as the same cnay from time to time be amended.
(S) Amendment to Operation Agreement. The parties hereto,
and either of them, may from time to tirie req�.est a revision of
this Operating Agreement or any part thereof or of rights and
obligations, rents, rates and charges he-reunder. As a guide to
amendment, it is understood and agreed that the neighborhood faci.l-
,
ity, as a neighborhoad service center, is to be available in
furtherance of the purposes of the aforesaid "Grant Contract" and
for use to meet the social service and other neighborhood facility
requirements of the corrrmunity served, and that the City and the
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� Agency, in providind the same, are to share the costs of use,
operations, maintenance, and repair o£ areas of joint use on a
fair and equitable basis proportionate to such use, and that the
City and the Agency shall each separately pay �he .cost of use, op-
erations, �ma.intenance and repair of their sepa.rate portians of the
neighborhood -facility, subject to credit for charges paid by others
to cover the cost of providing space within the facility for their �
use. .
IN WITNESS WHEREOF, The City has caused this Agreement �o be
� executed for and on its behalf by its T1a.yor, and Head of Department �
of Fina.nce and Management Ser�i:ces, respectively, and has caused
� its seal to be affixed thereto and the Agency has caused this
Agreement to be e�ecuted for and on its behalf by
� � and � - and has
caused its corporate seal to be affixed thereto, all as ofs`the day
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and year first above writteri, but actually on this day of
. � I972 . , _ . ". .
� Approved as to Form: CITY OF SAINT PAUL
By
Assistant City Attorney ��yor
- , Department o Finance an
Mana�ement Services
HALLIE Q. BROt�TN CONI'`�iNNITY CENTER, IiVC.
. BY
Its
Its
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� SCHEDULE A
The City of Saint Paul anc3 �Iallie Q. Brown Community Center,
Incorporated, as joint users of a Nezghborhood I'acility on Nlarshall
and I�ent Streets in the City of Saint Paul, known as the rSartin
Luther King, Jr. , r��ighborhood Service Center, pursuant ta l�ase
from the City to the Agency, dated , 197 ,
in furtherance of such joint use, and as required by the Operating
Agreement betw�en the parties, do hereby� agree:
. All. costs for insurance and public utilities, such as
oil, electricity, gas, steam, water and any sewer charges
. incident to the facility as a whole sha11 be sha.red by
the parties as follows : � :
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Agency-------_--_7510
- - Cit 25%.
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Payment for such utilities shall be ma.de by City and Agency shall
reimburse City within thirty (30) days of receipt of stateme3nt for
its proportionate share thereof. Payment for insurance shall be
made by Agency, and City s�.all reimburse Agency �aithin th�rty (30) -
days of receipt of statement for its proportiona.te sha.re thereof.
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LEASE AGREEI�IENT BETWEE�? C1TY QF SAINT PAUL
AND HALLIE Q. BRO�1N C�t�TUr�ITY CENTER
THIS INDENTURE, Niade this day of • ,
A.I?. , One Thousand Iv`ine i-�undred an�eventy-Two, etween t e CITY
OF SAINT PAUL, a Mun_�cipal Corporation and political sub3ivision
of the S�ate of Minnesota (hereina.fter called the "Lessor") and
the HALLIE Q. BRO��l?'1 CO��IIJNITY CENTEIt, INCORPORATED, a Non-Profit
Corporation organi.zQd and exi_stzng „nder the Laws o� the State of
Minnesota (hereir.after called the "Lessee") ;
WITNESSETH: �
That the Lessor, for a�d in cor.sideration of the covenants
and agr�eements hereinazter set forth does hereby decn�se and lease
to the Lessee, portions of the premises known as Martin Luther
King, Jr. Neighborhood Service Center located at Niarshall an� Kent
Stzeets within the City of Saint Paul, Ramsey County, Minnesota,
said premises being more particularly described and with that
portion of the same designa.ted on plats included as a part hereof
as Schedule A to be occupied for a neighborho�d facility (herein-
after called r'neighbo�hood facility") and for no other purpose
whatsoever. Lessor and Lessee shall each pay a proportio��-Late
share of the operating costs of t'ne total facility as shall be
specified in the Operating Agree�nent to be entered into between
the parties .
TU HAVE AND TO HOLD with all appurtenances thereto for and
during the f�.11 term of forty (40) years commencino on tYie first
(lst) day of September, 1972 . The Lessee shall have four (4)
successive options to ?-enew this Lease, each for an additional
renewal time of ten (10) yzars, upon the provisio�s, cove�ants and
conditions of this Lease and of the ther_ applicable Operating
Agreement between the parties goverizin� use of said neighborho��3
facility. The Lessee ° s option to renew shall be exercised by
notice in writing at least six (6) months prior to the terminai�ion
of the initial term or of the renz�aal term then in effect.
In consideration of said demise and the covenants and agree-
ments hereinafter expressed, in consideration of the contribution
by Lessee from its separate .funds �o �he construction of said
neighborhood facility of wl.zich the demised premises co�stitute a
part, and :in fur�her. consideration of the mutual undertakings of
the parties hereto hereunder and purs�uant to the Operating Agr.ee-
men� to be executed by and between the parties, it is covenanted
' and agreed as follows :
Section 1 - Use of Demised Premises . Lessee shal].
contirnsously operate tz� e�3emis�em�i—ses, a part of_ the
neighborhood facility, or any replacement thereof during
. _ the term of this Lease in accordance with the requirern�nts
of a certain contrac� en�ered into by and between the
Lessor and the United States of Ar��eri.ca, Department of
Housing and Urban Developme.nt (hereinafter called "The
Government") , dated the 7th day of August, 1970, Contract
No. Minn. N-9(G) , Project ivTo . Minr>. N-9 (hereina.fter
called the "Grant Contract") , und all applicable laws of
the United States of America, an� the �rules and re�ula--
tions of the Secretary ef Housing and Urban Developznent,
and particularly in accordance �vith all requirements
imposed uy ot puz-sua.nt to reguiatioz�s of the Secretary '
effectuating Title VI of the Civil Rights Act of 1964
(78 Stat . 241, 252) . The Lessee shall not, on the basis
of race, creed, sex, color or national or_igin, deny to
any person the use� benefits or services provided by
the neighborhood facility, or any replacement thereof,
nor provide any use9 services or benefits to a person
which are different or are provided in a different ma�-
ner from those provided to others under the same program
or activities . It is understood that the �arties hereto
shall together occu�y, operate and raaintain the neighborhood
facility for the aforesaid pt�rposes and subject to the
aforesaid laws, rules and regulations, and pursua.nt to
an Operating Agreement ta be executed betweer� the parties,
and the parties agree that they shall not adopt rules,
regulations, or practices for the operation of the neigh-
borhood facility or any p�rt thereof which are discrimina-
tory in nature, nor sha.11 they or ei_th�r of them enter
into any Lease or other Agreement respecting the neighbor-
hood €acility wii:hout incorporating into such Lease or
Agreement provisions which will insure that fihe use and
occupancy, and the provision of neighborhood services
and other benefits will be available without regard to
race, creed, sex, co�or or na.tional origin. The provisions
of this Section shall be included �n any renewal or ex-
� tension of this Lease as long as the premises are used as
a neighborhood facility.
The neighborhood facility shall be used to carry out
a program of health, recreation, social or other cor�nunity
services in accordance with the Grant Contract. No change
in the use of the neighborhood facility to a use other
than that permitted under this Lease or the said grant
agreement shall be made by the Lessee or Lessor without the
prior written consent of the other parzy, such consent if
given, to be based upon findings by the Lessor that the pro-
posed conversion is in accordance with the current program
of health, recreationa.l, soc.ial or similar community serv-
ices in the area and is consistent with comprehensive planning
for the development of the community. Anythir�g in this Lease
or Agreement to the contrary notwithstanding, both
parties shall not enter into any Lease or Agreement �
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transferring to any other organization or entity the
control or super�TisioLl of its r�sponsibility for services
and programming -�ithin that portion of the nei�hborhood
facility for which responsibility has been assigned with-
out the prior writt�n consent of �he other.
Section 2 - Maintenance of Premises in Good S�ate
of Repair.
The Lessee shall keep the ciemised premis�es; aricl �ppt�r-
tenances thereto, in a clean, sanitary and healthy condition
and in good repair, all according t� statutes and ordinances
in such cases m��.de and provided, and the directions of public
officers thereto duly authorized, and Lessee sha11 yield the
demised pren1ises back to the Lessor upon the termination of '
thzs Lease o� any extension thereof, whether such termination
shall occur by expiration of the time or in any other manner
wha.tsoever, in the same condition of cleanliness , repa.ir and
sightliness as at the date of execution hereof, loss by fire,
reasona.ble wear and tear or any other dam�.ge caused by any
reason beyond the Lessee.' s control excepted. Lessee agrees
to make all necessary repairs and renewals of the demised
premises, and shall replace broken glass and fixtures therein
with materials of the same size and quality as tha� br�ken,
at its own cost and exper�se. Lessor sh.a.11 replace broken
gl�ss and fixtures in the remainder of �he facility at its
own cost and expense .
. . Any medification, alteration or addit�.on to the neigh-
borhood f-acility shall only be completed upon approval of the
City' s City Architect; or other person performing such duties ,
and the facility shall be subject to inspection at least
once a year by the Ci,�y, who wi11 prescribe minimLm standards
for the maintenance of the facility. Sho�sld the Lessee fail
to keep the demised premises in a clean, sightly and healthy
� condition, and after reasonable notice, Lessor may enter the
same itself or by its agents or employees without such entry
causing or constituting a termination of the Lease or an in-
terference with the possession of the premises by the Lessee,
and Lessor may replace the same ir� the same condition of
� repair, sightliness , healthiness and cleanliness as existed
at the date Uf execution hereof, and Lessee agrees to pay
'Le�sor the reasonable expenses of Lessor in thus restoring
the premises to that condition.
The parties here+�o each agree that they shall not per-
mit, commit or suffer waste or impairment of the neighborhood
facility, its site, or any replacement or part thereof.
Section 3 - Insurance on Demised Premises .
(a) Lessee shall procure and maintain during the term
- of this Lease, fire and extended coverage insurance on
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the building o-r bll11Cj.1T1gS comprising the neighborhood
facility, in amount sufficient to provide for not less
than full recovery whenever a loss from perils insured
against does not exceed Eighty (80%) percent of the
full insurable value of the da�r,aged building or b�.ild-
ings . Such insurance shall name the Lessor and Lessee
as insureds as their interest may appear, and shall
further include a loss payable clause to the Lessor
as trustee for th� Fe�?eral gov�rn«<ent as its in�erest
may appear, according to the ratio of Federal funds
contributed to the development of the neighborhood
�acility, in order to provide the funds or a portion
thereof for repayment of the Federa� grant in the
event the Federal government elects to require payment
thereof if the facility is destroyed or damaged by
fire or other casualty so as to render it unusable . In
the event of destruction of the neighborhood facility
or such clama.ge as wi11 render the same unusable, the
Lessee shall have a reasonable length of time to rebuild
the facility and shall use proceeds of insurance for
said purpose. If, after a reasonable length of time the
Lessee does not rebuild tre facility, then and in that
event, the Lease Agreement and the obligation of the
parties thereunder shall thereupon terminate, and the
proceeds of insurance aforesaid shall be paid to the
Lessor, Federal Goverruzent, and to the Lessee proportion-
ate to their financial contribution to its construction.
(b) Lessee shall procure and maintain during the term
of this Lease boiler insurance covering any 'ooiler servic-
ing the facility in an amount not less than Fifty Thousand
($50,000.00) Dollars .-'
(c) Lessee shall procure and mairitain durir.g the term oi
this Lease fire and Extended coverage insurance on contents,
equipment and furnishings within the neighborhood facility,
in an amount not less tha.n Fifty Thousand ($50,000.00) Dollars.
. (cl) Lessee shall procure and maintain during the term
- of this Lease, public liability insurance with limits of not
less than One Hundred Thousand ($100, 000.00) Dollars for one
persor� and Three Hundred Thousand ($300, 000.00) Dollars for
more than one person involved in one accident to protect
the Lessee and the i,essor from lawsuit for bodily .injury
and/or death which may arise from operation of the total
neighborhood facility, including any or all use of its
grounds, structures and vehicles , and further including the
non-owned vehicles operated for the benefit of the neighbor-
hood facility. In addition, Lessee shall procure and main-
tain during the term of this Lease vehicle property damage
� . __ insurance in amounts of not less than Ten Thousand ($10,000.00)
Dollars .
. 4.
(e) All of thE insurance policies required ta be
maintained by the Lessee hereunder shall be ir� form and
with such companies as are accepta�Ie to the Lessor, and
the Lessee shall furnish to the Lessor certificatea of
insurance or duplicate insurance policies respecting all
such insurance .
All of such insurance referred to above shall na.me
the Lessor ar�d tYi� Lessee as co�=ir�sur�cis as their ir�terest •
ma.y appear, and proceeds thereof in tY��e event of irlsurable
loss, shall, subject to the rights of_ the Federal govern-
ment in iire and extended coverage insurance on tr.e
building or buildings comprising the neigliborhood facility,
be paid over to the parties to apply to the repair and
restoration of damaged property, or to payment of claims
arising out of operat�on of the neighborhood facility.
Payment of premiums and cost thereof for insurance required
hereunder shall be m�de by Lessee with contribution thereto
by the Lessor as covered by the Operating Agreement to be
entered into between the Farties hereto.
Sectiozz 4 - Reports, Recards and Other pocuments .
Lessee shall furnish the Lessor with an annual report
within thirty (30) days after the close of each calendar
year setting forth a general accounting of the operation
of the neighborhood facility, and without limiting the gen-
erality of the foregoing, such report shall include :
(a) The names and addresses o€ the officers and
directors of its governing bocly and the principal admin-
istrative staff officers operating within the neighborhood
facility;
(b) A statement of the nature and extent of the
activities and program carried out during the preceding
year;
(c) A certification that it has operated the neigh-
borhood facility in accor.dance with the provisions set
forth in Section 1 of this Lease;
(d) Tr�e status of all insurance required to be
maintained by the Lessee her_eunder;
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(e) A statement of disbursements and receipts , if any.
The Lesse� sha11 further submit to the Lessor such other
and additiona.l data, reports and copies of records and docu-
ments relating to its operation of the neighborhood facility
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as Lessor ma5� rzasonably require . Such data, reports,
and copies �of records and documents shall, upon submission,
become the property of the Lessor.
Lessor sh.all submit to Lessee information necessary
ior the coordiriatzon of services to th� extent permitted
by law.
Section 5 - Corporate Existence of Lesse-e .
Lessee cover_ants that it will maintain, extend and, if
required, renew its corporate existence under th� laws cf
the State of MinnesQ�a and all franchise, rights and priv-�
ileges to it granted and upon it conferred, as m.ay be
r�quired, and will r�o� do, suf�er or permit any act of �
thing to be done whereby its right to transact its tunc-
tions might or could be terminated, or its operations or
activities restricted.
Section 6 - Fees and Ch.a.rges .
Lessee shall not cha.rge or establish or cause or permit
to be charged or established any fees or expenses for serv-
ices and benefits from operations except charges that are
related to the abili.ty to pay, and in keeping with the cori�
cept of citizen invalvement . In any event cha.rges shall be
minimum and r_elated to the cost of services and sp�cial
events . Lessee shall freely and reasonably cover�a.nt with
other agencies and goverruitental units to use the facility
� ' or parts thereof and said agencies and governmental units
shall pay a fair proportiona.te sha:re of cost and necessary
exp�nses .
Section 7 - Encumbrances; Taxes and Assessments .
� Lessee will not voluntarily create, cause or allow to
be created any debt, lien, charge or other encumbrance
against the neighborhood facility which in any way will im-
pair or otherwise adversely affect the preservation of said
facility for the intended purpose or useful employ-ment
thereoF.
The Lessee, subject to its legal rights incident to
�contest of any such encumbrances, taxes or assessments,
sha.11 pay and discha.rge, ax cause to be paid and discharged,
when due, taxes, assessments or other go�Ternmental charges
lawfully imposed ugon its leasehoid in the neighborhood
facility or on its operations therefrom, which, if unpaid,
ma.y, by law, become a lien or charge on said facility and
thereby impair or otherwise adversely affect the holding
of said facility for the purpose herein set forth. The
6.
foregoing shall be subject to the r_�ght of the Lessee to
contest any such taxes , assessrnents or governmental
charges, ancl incident thereto to withhold payment of the
same pending the disposition of its challenge to the im-
position of such tax, assessment or governmental charge.
Special assessments levied for local improvements shall
be paid by Lessor.
Section 8 - Furnishings and Equipment.
The parties covenant, and each . shall provide or eause
to be provided at the separate expense of each, the furnish-
ings and equipment necessary for the effective operation of
their r.espective portions of the neighborhood facility, and
e�ch shall maintain such �quipment in g�od order and repair,
including the replacement thereof when necessary.
Section 9 - Payment of tTtility Charges .
The parties sha.11 pay all charges for public utilities,
including gas , steam, electric power, water and any sewer
or other charge during the term of this Lease, payment to
be pursuant to the Operating Agreement to be entered into
between �he parties .
Section 10 - Remedies Upon Default.
If Lessee sha.11 vacate or abandon the demised premises,
or permit the same to remain vacant or unoccupi�d for a
period of 120 days , or in the event the Lessee shall commit
a breach of its covenants as set forth in Section 1, 2 and
3 of this Lease, upon �ailure cf Lessee to ratify default
within ninety (90) davs after notice to Lessee by Lessor
of such default, Lessee ° s rights to possession of the demised
premises thereupon sha.11 terminate with or without any
further notice or demand whatsoever, and the mere retention
of possession thereafter by Lessee shall not constitute a
forceable detainer of said premises, and, if the Lessor
so elects , this Lease shall thereupon terminate and upon
� termination of the Le�see ' s right of possession as afore-
said, Lessee agrees to surrender possession of the demised
premises immediately without receipt of any notice to quit
or dema.nd for possession of the demised premises whatsoever,
and hereby grants to Lessor full and free license to enter
into and upon the premises or any part thereof to take
possession the�eof and to expel and remove the Lessee, its
ageni:s and employees who may be occupying the premises or any
part thereof, and s-uch repossession by Lessor shall be as of
its former estate, and shall not constitute trespass or
forceable entry or detainer nor a waiver of covena.nt, agree-
ment of promise in said Lease to be performed by Lessee .
7. .
IN WITNESS WHEREOF, The Lessor ha� caused this Lease to be
executed ror and on its behalf by� � ,
its , and has cause its sea to e a i��ed
thereto an att�ste y , its
, and t e Lessee as cause tnis ease to�—
execute ar an on its behalf by and
, its and
, and has caus� it� ccrporate s�a� to •
e a - ixe t ereto, a as of the day and year first above written,
but actually on this day of , 197
Approved as to Form: CITY OF SAINT PAUL
BY
ssistant ity �ttorney Mayor
Department o Finance an
Management Services
Witnesses to Execution of THE HALLIE Q. BROWN COMMUNITY CENTER, IN
Lessor:
By
�
zts
Its
8 . .
+, ,_
S C H E D U L E "A"
All that certain parc.el or parcels of land in the City of Saint
Paul, County of Rams�y, State of_ Minnesota, more particularly
described as follows:
Al1 of Lots four (!�; , fiv� (S) and �ix (6) of �West Side
Annex of Ma.rshall' s Subdivision of Block twenty--seven
(27 j of Mackubin anri Ma.rshall' s Addition; All of Lots
seven (7) , eight (8) , nine {9) and ten (10) , and part of
Lot eleven (11) of Whiting' s Subdivision of Marshall' s .
Subdivision of Black twenty-seven (27) of Nlackubin and
Marshall` s Addition; �11 of Lots one (1) , two (2) , three
(3), four (4) , and five (5) ar.d part of Lots six (6) ,
seven (7) , and ei�?-it (8) of R.C.L, and T.C. Subdivision.
No. 1 af Marshall s Subdivision of Block twenty-seven
(27) of Mackub�n a�.1d Marsiiall' s Addition; All Qf Lots
eleven (11) , twelve (12) . and thirteen (13) and part oi
Lots eight 8 , nine (9) , ten (10) and fourteen (14) ,
Block four �4� , Auditor' s Subdivisio��z �10. 31, and all
that part af vacated Iglehart Avenue . All lying within
the foliotaing desc�ib�d lines : Commencing at the South-
westerly corner of said R.C.L. an3 T_ .C. Subdivision No.
_ 1, being the point of in�ersection of the North line of_
Marsiia.11 Avenue and �.he East line of' Kent Street; then.ce
. •North (assumed bearing) along the Eas� lin� of Kent Street
ninety-two and ninety-eight hundredths (92 . 98) feet to Lhe
point of_ beginn.ing; thence Z�Torth eis�ht�-�ine degrees ,
forty-eight minut.es, fifty seconds �89 48 ' S0") Eas� parallel
with Marshall Avenue �wo hundzed for�y-seven (247 .0) feet;
thence i�lort'n one hundreci ninety�L01�_ �1�4. 0) feet; th�nce
. Nor�h eighty-nine degrees, forty-eight minutes, fifty s�conds
(89 48 'SO")East one hundred thirty-eight (138.0) feet;
thence North one hundred seventy-five and sixty-five hund- '
redths (175 . 65) feet; thence South eight�-n�ne de�rees,
forty-nine minutes, forty-five seconds (39 �E9 '45 West
along the North line of Lots eleven (11) , ten (10� , nine
, � (9) , and eight (8) , and seven (7) in said W!Ziting' s Sub-
.division two .hundred fifty-eight (253 .0) feet; thence
North along the East line of L.ot four (4) of said West Side
Annex seven (7 .0) feet; thence South ei�hty-nine degrees,
twenty-nine minutes, thirty seconds (89 29 '30") West alo��g
the North line of Lot four (4) of said West Side Annex o-ne
hundred twenty-seven (127 .0) ieet; thence South along the
East line of Kent Street t;lree hundred seve�.ity-six (376. 0)
feet to the point oF beginning.
. �� . 26��1�
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