248909 ORIGINAL�O CITY�C�RK �.,��l�ty���"
CITY OF ST. PAUL �OE NCIL NO.
OFFICE OF THE CITY CLERK
��OUN,IL RESOLUTION—GENERAL FORM
C MM SS�IONER J �� � �
DATF
RES�LVED, �hat the proper City officers are hereby
authorized and directed to execute, on behalf of the City
of Saint paul, Operating Agreement between the City and The
Dieighborhood House Association pertaining to the operation
and distribution of costs of the new neighborhood facility
at 179 East Rc>bie Street, a copy of said operating agreement
being attached hereto and ineorporated herein by reference.
FORM PPROVE
Ass orporatio u s
MAY 19 1970
COUNCILMEN Adopted by the Council 19—
Y
eas �� Na s �� j � 1"Q
Dalglish � Approved 19—
Meredith Tn Favor
D••r-ecr'a7VIZ_ �
Sprafka J Mayor
Tedesco ASainst
Mr. President, Byrne PUBLISHED MAY 2 31970
O
OPEP,ATIPIG AGREE�1ENT �
� �����'��
AGREEMENT, tdade this.�day of �4 , 1970, by and
between the CITY OF SAINT PAUL, a municipal corporation and poli-
tical subdivision of the State of Minnesota, hereinafter referred
to as "City" and THE NEIGHQORH000 HOUSE ASSOCIATION, a non-profit
corporation of the State of P'linnesota, hereinafter referred to as
� "Agency". � -
WNEREAS, The City has contracted with the United States of America,
acting by and through the Secretary of Housing and Urban Development
for a "Neighborhood Facilities Grant Contract" (Project No. Minn.
- N-8) Contract �Jo. Minn. N-8(G) under which there was contracted a
neighborhood facility located within the Concord Terrace Redevelop-
. ment Area, (E•1inn. R-37) at 179 East Robie Street in the City of
� Saint Paul , Minnesota.
WHEREAS, Pursuant to the submissions made in furtherance of the
Federal financial assistance grant under Title VII of the Housing
and Urban Development Act of 1965, the local funds for the afore-
said 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 have 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 programs for the comnunity to be served.
. WHEREAS, The Federal Aid Agreement aforesaid requires, and the
parties hereto desire to record the Operating Agreement under which
the aforesaid neiyhborhood facility ��uill be occupied and services
provided for the community.
Page One
Nd!�, THEREFORE, IT IS AGREED, by and between the parties hereto that
the provisions hereinafter set forth shall apply and control in re-
spect to a�l operations by the parties hereto, or others under.
agreement with them, conducted to, at or from the neighborhood
facility at 179 East Robie Street, from 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 under said lease
or under said lease as renewed or extended.
Consistent with the underlying Lease Agreement and the requirements
and regulations of the Secretarv of Housing and Urban Develooment
governing Title VII of the Nousing and Urban Develo�nent Act of 1965,
the provisions governing operations are as follows:
(1) Physical Control Over the Facility. As designated in the under-
lying 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, (b) floor space reserved by the
City for its separate operations and held by it under its overall
operating control and (c) floor space reserved for joint use of the
City and the Agency under the overall operating control of the City,
but subject to use by the Agency as required for the conduct of its
operatians within the community.
(A) The City and the Agency shall each permit to the other
use of portions of the neighborhood facility under their
separate overall control , consistent with their separate
programs and without charge or fee.
(B) Use of �oint use snace shall be scheduled by the Agency
to meet the program needs of both �arties and to the extent
not required for such purposes, to meet the program needs of
other public or nrivate social service agencies and groups
serving the community.
(2) Purposes of Operations. The neighborhood facility shall be used
. to carry out a program of health, social , recreation or other community
service in accordance with the "Grant Contract". The neighborhood
Page Two
� _ �
facility will be maintained and operated by the �arties 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 Agenc,y, may operate therefrom. In furtherance
of the foregoing, the parties shall each devote personnel and equip-
ment to the full extent of their budgetary canabilities and as
required to meet the needs of their separate programs. Operations
hereunder shall be in furtherance of the public purposes of Title
VII of the Housing and Urban Develo�xnent Act of 1965 and rules �
promulgated thereunder and in accordance with all requirements
imposed by or pursuant to regulations of the Secretary effectuating
Title VI of the Civil Rights Act of 1964 (78 Stat. 241, 252).
. (A) The parties shall not deny to any person, on the basis
of race, creed, sex, color or national origin, the use,
benefits or services provided b_y the neighborhood facility,
or any replacement thereof, nor provide any use, services
or benefits to a person which are different or are provided
in a different manner from those provided to others under
the same program or activities.
(B} It is understood that the parties hereto and those
operating therefrom under their agreement with them shall
occupy, operate and maintain the aforesaid neighborhood
facil�ty for the aforesaid purnoses and subject to the
aforesaid laws, rules and regulations.
(3) Financial ResPonsibility. All costs involved in the use, opera-
tion, maintenance, repair, and management of that portion of the
neighborhood facility under lease to the Agenc,y, shall be its
separate responsibility, and all cost involved in the use, opera- -
tion, maintenance, repair, manac�ement and operating control of the
remainder of said neigh5orhood facilit.y, excepting therefror� the
joint use space, shall be the responsibili�ty of the City through
its Department of Parks and Recreation and public Buildings. All
costs incident to the use, oaerations, maintenance and repair,
relating to joint .use space and/or equinment, machinery, utilities
Page Three
and costs applicable to facility as a whole shall be shared by the parties
as set out in Schedule A attached, which schedule may from time to time be
amended to reflect change in use of the facility by the contracting parties
and others. The proportionate sharing by the narties in operating costs
as set out in the schedule shall at the end of three (3) yearsafrom the date
hereof and every three (3). years thereafter, be revised to reflect the actual
use by each party of the facility averaged over such three (3) year period.
�or purposes of budgeting, the parties shall estimate operating costs of the
facil,ity for the coming fiscal and accounting year.
(4) Use of Facility by 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 and that portion consisting of
the joint use space shall be subject to scheduling by Agency and the Agency,
through subleasing agreements, or use permits, shall make such space available,
at times other than that required for programs of the Agency and, in the
case of the joint use space, other than at times required for programs
of the Agency and of the City, for the programs of other public or private
social service agency to meet the needs of the community served.
(A) Except as waived in writing by the parties hereto,
agencies or others making use of portions of the facility
as aforesaid shall be required to pay for space to used
proportionate to their use of the same and to abide by
the requirements of the underlying lease and of this
agreement which sha11 control in respect to such occupancy.
It is understood that the foregoing facility as a neigh-
borhood community facility, is not to be oqerated for our-
poses of profit to the Aqency and City and charge for use
is intended simply• to cover the cost of mak�ng such space
available for such use and to maintain and repair the same;
and the charge for space used by others may from time to
time be amended by agreement of the parties hereof. •
(B) The parties hereto shall , by agreement establish
rules and regulations for the use of space a�ithin the
neighborhood facility, which rules, posted throughout
• the building so as to advise the public, shall control ,
and occupancy of space within the facility is hereby
expressly declared to be sub�ect to such rules and regula-
tions ar as the same may from time to time be amended.
� Page Four
, �
(5} Amendment to Operating Aareement. The parties hereto, and either
of them, may from time to time request a revision of this Operating
Agreement or any part thereof or of rights and obligations, rents, rates
and charges hereunder. As a guide to amendment, it is understood and
agreed that the neighborhood facility, as a neighborhood service center,
is to be availabte 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 comnunity served, and that the City and
the Agency, in providing the same, are to share the costs of use, operations,
maintenance, and reoair of areas of joint use on a fair and equitable basis
proportionate to such use, and that the Cit,y and the Agency shall each
separately pay the cost of use, operations, maintenance and repair
of their separate portions of the neighborhoad facility, subject to credit
for charges paid by others to cover cost of providing space within the
facilitv for their use.
IN WITNESS !�HEREOF, The City has caused this Agreement to be executed for �
and on its behalf by Thomas R. Syrne, Victor J. Tedesco, and Joseph �. �
Mitchell , its Mayor, Co�nissioner of Parks & Recreation and Public Buildings,
and City Cor�ptroller, respectively, and has caused its seal to be affixed
thereto and attested by Harry E. Marshall , its City Clerk, and the Agency �
has caused this Agreement to be executed for and on its behalf by �
/ �?e�� c�� , •�_ and ���2�:�« �. /Cr�n its /.��PS���✓� I
� �
and So�rr�Xc�� ,�i.�o ��� and has caused i ts corporate seal to be
S
affixed thereto, all as of the day and year first above written, but actually ;
on thi s _____ day of —�+��"',�' + 1970.
I
Page Five � 'I
APPROVED AS 70 FORM: CITY OF SAINT PAUL:
By
ayor
ssistant orporation
Counsel
� omn�ss�oner o ar s an
Recreation and Public Buildings
COUNTERSIGNED:
ty er
omptro er
APPROVED AS TO FORM AND
EXECUTION:
ss�stan Corporation Counse
WITNESSES TO EXECUTIOti THE NEIGHBORHOOD HOUSE ASSOCIATION
OF LESSOR
ByA�' f� an,re,�2��tfj�. � /�r.s;��.��7'
�G��Q,errU� /�- �e �— .�Pc tY ��e ��r1�
°T
WITNESSES TO EXECUTION
OF LESSEE �
�f l?�e�a._.���.PA��
C'�►,��d ,� �4����
Page Six
. � � � . • '
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
� On this _______ day of , 1970, before me, a notary public within
and for said County, �personally appeared Thomas R. Byrne, Victor J. Tedesco,
Harry E. Marshall , and Joseph J. Mitchell , to me personally know, who, being
each by me duly sworn, did say that they are respectively the Mayor, Corranissioner
of Parks and Recreation and Public Buildings, the City Clerk, and the City
Comptroller of the City of Saint Paul , hlinnesota, named in the foregoing in-
strument, and that the seal affixed to said instrument is the seal of the City
of Saint Paul , and that said instrument was signed and sealed in behalf of said
City of Saint Paul by authority granted pursuant to formal resolution of the
Council of the City of Saint Paul , Council File No. , passed and approved
the � day of , 1970, and the said Mayor, Co�unissioner of Parks
and Recreation and Public Buildings, City Clerk, and City Comptroller acknowledged
said instrument to be the act and deed of said City of Saint Paul , pursuant to
said resolution.
STATE OF MINNESOTA )
) ss. .
COUNTY OF RAMSEY )
On this � day of , 1970, before me, a notary public within
and for said County and State, persanally appeared�fl,�'Q���y°f,��and
�Gt�q,�'�/p ,�, ,E'p� , , to me personally known, who being each by me duly
sworn did say that they are re�pectively the �/� � ` and,g� pby�
/�so �o� «iJ
of� `� 2 �r the corporation named in the foregoing instrument,
and that the seal affixed to said instrument is the corporate seal of said •
corporation and that said instrument was signed and sealed in behalf of said
corporation by authority of its Board of Directors, and said �'��¢,��� �
and ,�Q�Q�,,/e }�- ��F acknowledged said instrument to be the free
act and deed of said corporation. GORDON SHEPARCI'
Notary Public, Dakota County, Minrl,
MY Commission Expires July 7, 1974
Page Seven
� . , �, .,
SCHEDULE A.
The City of Saint Paul and the Neighborhood House Association,
as �oint users of a Neighborhood Facility at 179 East Robie
Street in the City of Saint Paul, pursuant to lease from the
City to the Agency, dated �.� /�7�' , in furtherance of such
�oint use , and as required by the Operating Agreement dated
/�7�E.��?C' between the parties , do hereby agree :
( 1) All costs incident to the use , operations , main-
tenance and repair, relating to �joint use , space and/
or equipment , machinery, utilities and costs applicable
to facility as a whole shall be shared by the parties
as follows :
Agency 75�
City 25�
( 2) Agency' s percentage share of all items of cost
covering goods , utilities or other services furnished
by the City or by third parties , billed to the City
as owner, shall be reimbursed by Agency to the City
on billing therefor b,y the City.
( 3) City' s percentage share of cost of the goods or
services furnished or performed by the A�ency incident
to the operation of the facility shall be reimbursed
by the City on being billed therefor by the A�ency.
( 4 ) The City and Pleighborhood House shall cooperate
with each other in preparing their respective annual
budgets for the purpose of anticipating future annual
operating � and shared costs .
_. _ . ' �-.,,
h. . ,