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04-706CounCil File # ���� Resolution # Green Sheet # 30`�� Presented By Referred to L..J Committee= Date 1 WFIEREAS, the City's Division of Parks and Recrearion is the owner of certain 2 properiy lmowr. as Phalen Recreation Center located at 1000 E Wheelock Parkway, and 3 WI�EREAS, the General John Vessey Jr. Leadership Academy, an independent charter school 4 approved by the MN State Board of Education as ISD 4108, desires to lease a portion of the space at the 5 Phalen Recreafion Center, and 6 WHEREAS, the lease agreement provides that charter school make payment of basic rent to the City 7 as well as provide reimbursement for incidental fees and expenses, and � 10 11 12 13 14 15 16 WIIEREAS, the leased use is evaluated by staff as not restricring existing programs as the exclusive use of leased areas by the charter school is limited to 7 am. to 3 p.m. during the school year, and WEIEI2EAS, the Division has consulted with the Phalen Booster Club throughout the negotiation of this agreement in order to address their potential issues, and WHEREAS, the Division has reviewed this lease with the Parks and Recreation Coxmnission, which adopted resolution 04-09 recommending the approval of the agreement, NOW THEREFORE BE TT RESOLVED, that the Council of the Ciry of Saint Paul hereby authorizes and directs City officials and staff to enter into the attached agreement with the General Jotui Vessey Jr. Leadership Academy leasing them space at Phalen Recrearion Center for a charter school. rsenanav �L �� Bostrom C Harris C Helgen C Lantxy C Montgomery �— RESOLUTION CITY OF SAINT PAUL, MINNESOTA sent � R ested by Division of Parks and ation � �. �� � �, � U � Adopted by CounSl: Date: r-t� e2/ Adoption Certified by Council Secretary By: Appx By: Form Il.pp ov d by City By: ApproveEl 1�`y Mayor fgr Counci,l �i1/1/l�CAiJ � 0�'�10i0 LEASE AGREEMENT BETWEEN THE CITY OF SAINT PAUL AND GENERAL JOHN VESSEY JR. LEADERSHIP ACADEMY THTS AGREEMENT made and effeccive this ln day of July, 2004 by and between the City of Saint Paul, Minnesota, a municipal corporation organized and existing under the law of the State of Minnesota, hereinafrer referred to as "CITY" AND `General John Vessey Jr. Leadership Academy", an independent charcer school approved by MN State Board of Education as ISD 4108 ,1000 E. Wheelock Parkway, Saint Pau1, MN 551�6; hereafter referred to u"SCHOOL", Whereas, the CITY is the owner of Phalen Recreaxion Center located at 1000 E. Wheelock Pazkway, hereinafter referred to as °CENTER" and, Whereas, the CITY has historically sponsored and promoted human services activities which have helped and benefitted the social, recreacional, health, educational and the general well-being of the residents of [he Saint Paul community and, Whereas, the CITY and SCHOOL have determined that the residents of Saint Paul would expexience an effective delivery of human seroices if the CITY leased a portion of the CENTER to the General John Vessey Jr. Leadership Academy. Now, therefore, in consideration of the mutual agreements set forth, and for other good and valuable consideration, the parties agree as follows: 1. I.eased Premises. CITY agrees to lease and SCHOOL does hereby lease 13,600 square feet of space in the CENTER, (not including the Director's Office, garage, Phalen Booster Club storage or mechanical areas), more particularly described in Exhbit A, attached hereco and made a part hereof, ("premises" or leased °premises'). CITY agrees to permit and hereby authorizes SCHOOL co provide human services programs and aaivities therein, including an educational program subject ro the restriccions stated herein. SCHOOL shall be allowed to use the mailing address of CENTER as its SCHOOL address. This lease is subject co Minnesota Statutes, section 124D1Q subdivision 23a. 2. Terms of Lease. This agreemen2 shall be in force commencing july 1, 2004 and ending 7une 30, Z005. The SCHOOL and CITY may renew this lease for an additional five yeus upon 30 days wricten nocice submitted prior to the expiration staced above. With each subsequenc agreement, basic rent shall be increased annually by 5%. If either party does not intend [o renew the concract, it will give the ocher parcy notice at least 120 days priar m expiration scated above. 3. Use of Premises. The premises shall be used and occupied by the SCHOOL for the following purpose and for no other purpose without xhe prior written consent of CITY: To provide educational services defined in xhe SCHOOL'S purposes as approved by the State Depar[menx of Children, Families and Learning, ( as sex fonh in Exhibix B atxached hereto and made a parc hereof by reference). Exclusive use of the leased premises by the SCHOOL shall be during the hours of 7:00 a.m. to 3:00 p.m., Monday through Friday during the scheduled school year. CITY staff shall have access to the building to perform routine seroices, inspec[ions, or general maintenance, otherwise use by the CITY during these hours is subject to an advance review and consideration by 0�1-loto both par[ies, except for the Recreation Center Direccor's ofFice and any CI'I'1 storage areu. SCHOOL equipment and supplies may be stored in designated SCHOOL storage azeas in the leased premises at the risk of the SCHOOL. Other rooms within [he CENT'ER and the exterior grounds of xhe CENTER may be scheduled by SCHOOL bued on availability afrer the CITY'S recreacion program needs aze met. SCHOOL may use CENT'ER cables and chairs in its SCHOOL programs. SCHOOL staff as appropriate, shall be issued and be responsible for keys and access cards necessary to enter and secure the building. 4. Basic Rent. Annual rent of $85,715.00 (eighty#ive thousand, seven hundred fifteen dollars) is co be paid by SCHOQL. Payments in equal installments will 6e made on the first day of August 2004, January 2005 and October 2005, based on receipt of payments from the Sta2e for lease aid. Payments will be made directly to, and made payable to Gicy of Sain2 Paul Puks and Recrea[ion at 300 City Hall Annex, Saint Paul, Minnesota, 55102. 5. Cost Reimbursement. The SCHOOL shall reimburse CITY for all amounts, other than Basic Rent provided for in paragraph 4 above, which SCHOOL is or may become obligated to pay under chis puagraph or other provisions of the Lease. Cost Reimbursement includes, but is not limiced to, the �ollowing fees, cost and expenses: (a) SCHOOL telephone lines and (b) City staff assigned to work wich the SCHOOL during SCHOOL hours, if such is required. 6. Right of Entry. At all times during the term of this Lease, the CITY shall have the right, by itself, ixs agents and employees, to encer into and upon the Leased Premises during reasonable business hours or, in the event of an emergency, at any time for any legitimate purpose. 7. Insurance. A. The SCHOOL shall acquire during the term of this Lease the following coverage: 1. The SCHOOL shall be responsible for insuring, securing and maintaining all of its own personal propercy that is brought into the leased premises. It is recommended that che SCHOOL secure insurance that provides coverage for ixs property for all losses. The CITY shall not be responsible for any damage, including from fire, thefr, water and or vandalism to the SCHOOL's property. 2. COMPREHENSIVE GENERAL LIABILITY INSURANCE including blanket contracrual liability coverage and broad form property damage liability endorsement with a combined single limit of not less than che City's limixs as set forth in Minnesoca statute 466.01, currently $2,000,000 aggregate or $1,0�,000 per occurrence sha116e purchased by the SCHOOL. Such insurance shall: (a) name the City of Saint Paul as additional insured; (b) be primary with respecc co CITY'S insurance or self-insurance; (c) not exclude explosion, collapse and underground property damage. 3. WORKER'S COMPENSATION INSLJR[1NCE with not less than scatutory minimum limits; and EMPLOYERS' LIABILITY INSLTRANCE with minimum limits of at least $500,000 per accident, $500,000 per policy, $500,000 per disease policy limits. and with an all scates endorsement. 4. If the SCHOOL will be using a vehicle on or around Phalen for SCHOOL purpose, Automobile Liability insurance wich limits of $1,000,000 per person bodily injury, $2,000,000 aggregate bodily injury and $500,000 property damage. o�t-�o� 5. The SCHOOL shall supply to CIT'Y current insurance certifica[es for policies required in Pazagraph (�. The said certificaces shall certify whether or not the agent has errors and omissions insurance coverage. 6. The limits cited under each insurance requirement above establish minimums; and it is 2he sole responsibiliry of the SCHOOL to purchase and maintain additional insurance that may be necessary in relation 2o this lease. 7. Noxhing in this contracc shall constitute a waiver by the CITY of any staru[ory limits or exceptions on liability. 8. SCHOOL shall place the insurance with responsible insurance companies authorized and licensed co do business in the State of Minnesota and approved by the CITY, and shall deliver copies to CITY on the da[e of SCHOOL'S execution of this Agreement. The policies required in pazagraph (7) shall be endorsed to indicate that the insurer cannot cancel or change the insurance wichout first giving the CITY 30 days written notice. B. Waiver of Subroga2ion. GTTY waives its right of subrogation for damage co the Building, contents therein, loss of use thereof, and/or loss of income, up to the amount of insurance proceeds collected. SCHOOL waives its right of subrogation for damage to property of che Leased Premises, loss of use there of , loss of income and/or accounts receivable, up to the amount o� their respective insurance proceeds collected. The par[ies shall notify their respeccive insurance companies, in writing, of the provisions of this paragraph; and if either cannot waive its subrogation right, such party shall immediately notify the other parcy, in writing 8. Cancellation or Termination. This Lease shall be subject to cancellation and termination by eicher pany without cause at any time during che term hereof by giving the other party notice in writing at least one hundred and xwenty days in advance of che state when such termination shall become effective. If SCHpOL shall vacace or abandon the leased premises, commit waste, or permit xhe same to remain vacant or unoccupied for a period of 60 days, without agreement of xhe CITY, or in the event the SCHOOL loses its status as a non-profit corporation or charter school, SCHOOL'S righ[s to possession of the leased premises immediately shall terminate without any notice or demand whatsoever. The mere retention of possession thereafter by SCHOOL shall not constitute a forcible detainer of said premises. 9. Notice. All notices herein proved co be given, or that may be given by eixher patty to xhe other, shall be deemed to have been fully given when served personally on CITY or SCHOOL, or when made in wricing and deposited in xhe Untied States Mail, certified and postage prepaid, and addressed to the SCHOOL at the address s[ated on page (1) and the CITY ac [he St. Paul Parks and Recreation, 300 City Hall Ann�, Saint Paul, Minnesota 55102. The address ta which the notice shall be mailed may be changed by wri[ten notice given by either party co the ocher. Nothing herein shall preclude the giving of such address change notice by personal service. 10. Assignment and Subletting. SCHOOL shall not assign or suble[ this Lease withoux che written consenc of the CITY, which consent must be obtained prior to the execution of any agreement to subleaze che Leased Premises. 11. Maintenance. SCHOOL shall be responsi6le, ac its own wst and expense, for repairs and maintenance if the caused damage or condition necessicating the repairs or maintenance is caused by students of che SCHOOL or by parcicipants in any SCHOOL sponsored activities. Routine maintenance such as general building cleaning, restroom cleaning and crash removal shall be performed by CITY staff. Efforts will be made to comple[e these [asks prior to the scart of the `�� 1 , school day. At che end of the school day SCHOOL shall be responsible for s[oring SCHOOL ixems securely, general building cleaning, rescroom cleaning and truh removal. The building shall be made generally ready for evening programs provided by the CITY. This service by the SCHOOL shall be negotiated by both parties and wi11 be considered by ihe CITY as an in-kind con2ribution. 12. Personnel. SCHOOL shall beaz all cos2s and responsibility for operation of its programs and personnel administering its programs. The SCHOOL shall notify CITY in writing of all personnel who will be scationed at che CENTER. SCHOOL personnel aze not employees of the CITY. 12. Payments in Case of Default. SCHOOL shall pay CITY all coscs and expenses, including reasonable attorney's fees in any action brought by CITY to recover any ren2 due and unpaid hereunder, or for the breach or defaulc of any of the covenanxs or agreements contained in this Leue, or to recover possession of said pzopeny, whether such ac[ion progresses co judgemenx. 14. Surrender of Premises. SCHOOL, ac che expiration of said term, or any sooner termination of this Lease, shall quit peacefully and surrender possession of said propeny and its appurtenances to CITY in as good order and condition as the property wu delivered to the school. I5. Indemnity. To the extent allowed by law, the SCHOOL agrees to indemnify, defend, save and hold harmless the City of Saint Paul and any agenu, officers and employees thereof from all claims, demands, actions or causes of action of whaxsoever naxure or charac[er, arising out of or by reason of the Lease of the herein described Leased Premises by the CITY to the SCHOOL, ar 2he use or condition of che Leased Premises or as a result of the operations or business activities taking place on the Leased Premises. Ix is fully undersxood and agreed that SCHOOL is aware of the conditions of xhe Leased Premises and leases the same °as is", with any modificacions requested by the SCHOOL to be discussed and agreed upon by bo[h parties. 16. Holdover. Any holdover after 2he expira2ion of the term of this Lease shall be allowed only after receiving the written consent of the CITY. $aid tenancy shall be deemed to be a tenancy only from month-to-month. All other terms and conditions of this Leue shall be applicable. 17, Controlling Lease. In xhe event chere is any prior existing lease or rental a�reemenx between SCHOOL and CITY (or its predecessor in interest) covering the subject pxoperty, ic is agreed and understood that this Lease shall cancel and terminate any prior leases or rental agreements as of the effeccive date of this lease. 18. DestrucYion. In the evenx of damage to or destruction of the Leased Premises or in the event the premises becomes untenantable or unfit for occupancy due to such damage during chis Lease, che CITY may ac its option: A. terminaxe the Lease upon fifreen (15) days written noxice to SCHOOL; B. within fifreen (15) days agree to restore the premises within a reasonable time period following the cuualty, charging the cost in escess of the insurance proceeds, if any, xo the SCHOOL as additional renx i£ SCHOOL is £ound responsible for the descruction; or C. if ihe SCHOOL is found responsible for che destruction, direct thax SCHOOL properly rescore che Leased Premises to substancially the same condition esisting prior to such damage or descruction, and for that purpose, if such damage or descrucxion was caused by perils insured against, CITY shall make available to SCHOOL pro-rata, as work progresses, the net proceeds of such insurance. If such proceeds are insufficient co pay the entire cost thereof, SCHOOL ��'l�o agrees co pay as Addi2ional Rent, a lump sum payment (or a form agreed upon by che CITI� equal to che remainder of such cos[s. In the evenc of daznage, direct xhat SCHOOL properly rescore the Leased Premises to subsxanxially the same condition e�sting prior to such damage or descruction, and for that purpose, if such damage or descruttion was caused by perils insured against, CITY shall make available to SCHOOL pro-raca, as work progresses, the net proceeds of such insurance. If such proceeds aze insufficient to pay the entire cost thereof, SCHOOL agrees to pay as Additional Ren2, a lump sum payment (or a form agreed upon by the CI'TI') equal co the remainder of such cos[s. SCHOOL may at its op2ion 2erminate the Lease wi[hin fi$een (15) days written notice [o CITY. In ihe event ei2her parcy terminates ihe Lease, the Basic Rents to be paid during the restoracion period shall be abated in proportion to the percentage of loss and impairment of use of the Leased Premises as determined by the CIT`P, times the number of days of loss or impairment. 19. Events of Default. The occurrence of any of the following events during the term of this Lease shall constitute an event of default by [he SCHOOL. A. the fiiing of a petition to have SCHOOL adjudicated bankrupt or a petition for reorganization or arrangement under any laws of the United States relacing to bankruptcy filed by SCHOOL; B, in the evenc a petition to have SCHOOL adjudicated bankrupt is filed against SCHOOL, the failure to dismiss such petition within ninery (90) days from the date of such filing; C. the assets of SCHOOL or of the business conducted by SCHOOL on the Leased Premises be assumed by any truscee or other person pursuant to any judicial proceedings; D. SCHOOL makes any assignment for the benefit of creditors; E. the failuze by SCHOOL to ximely pay Basic Rent or Addi[ional Rent as required by chis Lease; F. the failure by SCHOOL to purchase or maintain the insurance coverage required by this Lease; G. the failure by SCHOOL or its surexy to discharge, satisfy or release any lien or lien statement filed or recorded against the Leased Premises with sixty days afrer the date of such filing or recording, whichever da[e is earlier. H. the �ailure by SCHOOL as a Public Charcer School of che State of Minnesota. It is an express covenant and agreement of CITY and SCHOOL that CITY may, ac its election, terminate chis I,ease in the evenc of the occurrence of any of the events described in xhis pazagragh or in [he rela2ing to lies by giving not less than 2en days wrixten no[ice to SCHOOL; and when so terminated, CITY may ceenter che Leased Premises. This Lease and its Leased Premises shall not be treated as an asset of SCHOOL'S estate. Ix is further espressly understood and agreed that CITY shall be encitled upon such reentry, nocwithstanding any other provision of chis Lease, to exercise such rights and remedies as are provided in this Lease. 20. Default Remedies. In the event an Event of Default occurs under paragraph nineteen (19) of this Lease, CITY may exercise any one or more of the £ollowing remedies: ��1,'l�lo A. reenter and take possession of 2he Premises without [ermination of this Lease, and use its besx ef£orts to lease che Premises to or enter into an agreement with another person for the account of SCHOOL; B. cerminate this Lease, exclude SCHOOL from possession of the Premises, and use its besc e$ons xo lease the Premises co or enter into an agreement with Another in accordance with applicable law; C. exclude SCHOOL from possession of the Premises, wich or withou[ terminating this Lease and operate the Premises itself; D. terminate che Lease, exclude SCHOOL from possession of the Leased Premises, sell all or any part of the Premises at che best price obtainable (provided such sale is permitted by applicable law,) such sale to be on such terms and conditions as the CITY, in its sole discrecion, shall determine and apply [he proceeds of such sale less any expenses thereof for the account of the SCHOOL. E, exercise any remedies available to i[ under xhe Minnesoca Uniform Commercial Code; F. take whatever action ac law or in equity may appear necessary or appropriate xo collect the Basic Ren[ and cost reimbursement then due chereafrer co become due, or to enforce performance and observance of any obligation, agreemenc or covenant of the SCHOOL under [his Lease. G. in exercising any of its remedies set forth in this Seccion, the CITY may, whether or noc the Lease is then in effea, hold the SCHOOL liable for the difference between the paymenis and other cosxs for which the SCHOOL is responsible under chis lease. No remedy herein confexxed upon or reserved to CITY is intended to be exclusive of any other available remedy or remedies, but each such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease or now or thereafter existing at law or in equity by staruce. No Delay or omission to exercise any such righc or power accruing upon any defaulc shall impair any such righc or power or shall be conscrued co be a waiver chereof, but any such righc and power may be exercised from time to time and as ofren as may be deemed expedient. In order to enticle the CITY to exercise any remedy reserved to it in this Provision, it shall not be necessary to give any notice, other than such notice as may be herein expressly required. 21. Default of Payments. SCHOOL agrees that, should it default on any payment owing and due to be paid [o CITY as provided in chis Agreement, including but not limiced co Basic Rent and Additional Rent, then the remaining unpaid balance shall, at the op[ion of the CITY, immediately become due. Said SCHOOL fur[her agrees chac che CITX may, at its option and without notice to SCHOOL, enter judgemenc against SCHOOL in Ramsey County District Court £or the amount of che unpaid balance. And SCHOOL does hereby confess judgement in the amount of the unpaid baiance due upon defauit, and does authorize the GITY to enter }udgement as provided a6ove. SCHOOL does hereby agree that xhe CITY, at its option, may enter a judgement, at any time within one year of the time the last payment shall have come due, £or the full amount of the unpaid balance due pursuant co the confession of judgement provided herein. 22. Compliance with Laws. The property described hetein may be used for only the purposes stated herein. It is the sole and esclusive responsibility of the SCHOOL in the use of the property xo comply with all laws, rules regulations or ordinances imposed by any jurisdiction afFecting the use to which the propeny is proposed to be puc. Inability or failure by the SCHOOL to comply with 0�-10� any said laws, rules, regulations or ordinances will not relieve the SCHOOL of the obliga2ion to pay xhe rental provided herein. 23. Non-Discrimination. The SCHOOL for itself, its personal representatives, successors in interest and assigns, as par[ of ihe consideration hereof, does hereby covenant and agree, as a covenant running with the land, that: A, no person, on the ground of race, sex, sesual or affectional orientation, color creed, religion, age, disability, mazital scatus , familial scatus, s[atus with respett to public assistance or national origin or ancestry shall be e%cluded from participating in, be denied the benefits of or be otherwise subjected to discrimination in the use of said facilities. B. that in connection with construction of any improvemencs on said lands and the furnishing of services thereon, no discrimination shall be pracciced in the selection of employees and contractors, by contractors in the selec[ion and retention of first tier subconiraccors, and by firsc- tier subconxraaors in the selection and retention of second-cier subcon[ractors; C. that such discrimina[ion shall not be practiced against the public in its access in and use of the facilities and services provided for public accommodations (such as eating, sleeping, rest and recreation) constructed or operated on the Leased Premises; and D. that the SCHOOL shall use the premises in compliance with all other requirements imposed pursuant to federal, state and local laws and regulations related to discrimination. 24. Liens. The SCHOOL shall not permit mechanics' liens or other liens to be filed or established or to remain against thz Leased Premises for labor, materials or services furnished in connection with any addicions, modifications, improvements, repairs, renewals or replacements made to Leased Premises, or for any other reason; provided chat if 2he SCHOOL shall first notify the CIT'I' of its intention to do so and shall deposit in escrow with the CITY a sum of money or a bond or irrevocable letter of cxedit acceptable to the CITY equal to amount of the claim of lien. SCHOOL may in good faith contesx any such event may permit the items contesced to remain undischarged and in such unsatisfied during the period of such contest. If, in the opinion of the CITY, the nonpayment of any such items subjects the Leased Premises to any loss or forfeiture, the CITY may require the SCHOOL to use the escrow account xo prompcly pay all such unpaid items and if SCHOOL fails to pay form che escrow account, the CITY may pay and chazge the SCHOOL as Additional Renx. 25, Eminent Domain. In the event The entire Leased Premises aze taken by eminent domain, or such portion thereof is so xaken chat in SCHOOL'S reasonable judgement it is uneconomic thereafter to restore the Leased Premises and proceed under the terms and provisions of this Lease, SCHOOL may terminate this Lease by giving to CITY thiny days written notice of termination, effective as of the date on which che condemning authority acquired legal title or physical possession of the Leased Premises. SCHOOL hereby waives and releases any claim to or share in the Awud of Compensation for the taking, notwithsxanding any other provision of law, this Lease or any oxher agreement. SCHOOL may to the e�ctent otherwise permitted in the eminent domain proceeding, remove its own trade fixtures at its own expense. 26. Alterations. The SCHOOL will not make any alterations to the premises without the writxen consent of the CITY, such consenc not to be unreasonably wichheld. IF the SCHOOL desires to make any such alteraxions, an accurate description shall first be submixted co an approved by the CITY and such alterations sha11 be done by the SCHOOL at its own expense. All such work shall be performed under the CITY'S supervision and any improvements made xo the Leased Premises at the SCHOOL'S expense shall become the property of the CITY. SCHOOL agrees that all c°�-�6b alceraxions will be done in a workmanlike manner and in conformance with applicable building codes, that the struaural integriry and building sys�ems of the building will not be impaired, and thaz no liens will atcach m the premises by reason thereof. 27. Publicity. SCHOOL will provide to CI'I'P copies of all flyers and prograzns published for the purpose of publicizing an event or program, thac aze sent to the community at cime of discribution. 28. Reports. T11e SCHOOL shall submit regular reports to che CITY of the activities of the SCHOOL for che previous four (4) calendar months, including the general and daily program of the SCHOOL, number of scudents enrolled, highlights of the SCHOOL'S program and any unusval events. More frequenc information will be provided to the CITY by the SCHOOL upon reques[. Repons will be due November 1, Mazch 1, and June 1 of each school yeu. 29. Reviews. The CITY and SCHOOL shall meec to review the SCHOOL'S programs and services. The review dates shall be November 1, March 1 and June 1 of each year. 30. Contract Administrators. The Contracx Administrator for [he CITY is the Manager of Recreation or such other person designated in writing by the CITY. The Concract Administraxor for the SCHOOL is ics Commandant of Cadeu. 31. Record Keeping. The CITY will require the SCHOOL to keep and submit records penaining xo the leased facility. These may include: attendance reports, incidenx and/or accidenx repons. 32. Severability. In the event any provision of this Agreement is deemed unconsti[utional, illegal ot void as a maxter of law, the parties agree [hat all of the provisions of this Agreement which are not affected by such an occurrence shall constimte a full and complete Agreement between the parties. 33. Amendment of Contract. This agreement may be amended upon mu[ual agreement of Lessor and Lessee. All amendments shall be in writing and effeccive upon execution of duly qualified officers of Lessor and Lessee. (� iw In Witness Whereof, the parties hereco have set their hands and seals the day and year in this Lease fu-st above written. For Vessey Leadership Academy Commandant of Cadets Approved as to Form: Assistant Cixy Attorney For City of St. Paul Direttor of Financial Seroices Direccor of Puks and Recrea[ion Mayor City Clerk �•1� Subject: General John Vessey Jr. Leadership Academy Lease with City of Saint Paul for space at Phalen Recreation Center Exhibit A pertaining to Section 1 of attached lease City of Saint Paul referred to as CTTY agrees to lease space to General John Vessey Jr. Leaderskup Academy, referred to as SCHOOL, for the purpose of providing educational services as defined in the SCHOOL's purposes and approved by the Department of Children, Families and Learning. During the hours of 7am-3pm Monday through Friday of the school year, SCHOOL shall be authorized exciusive use of the following space at Phalen Recreation Center: • gymnasium • large meeting room • small meeting room • all common areas and restrooms Exceptions include: gyimiasium needed for large youth hockey tournament in January, enhy by CITY staff to perform routine maintenance, safety inspections, other daily work at the recreation center, any legitimate business purpose, in the event of an emergency, or other uses to be negotiated and approved by both parties. The SCHOOL shall have exclusive use of the following 24 hours per day and at no time, unless there is an emergency, shall CITY staff enter the following: • SCAOOL storage room • Commander of CommandanYs Office CITY shall have exclusive use of the following 24 hours per day, and at no time, unless there is an emergency, shall SCHOOL staff enter the following: • Recreation Center Director's Office • Phalen Booster Club storage areas Use of the outdoor fields, basic recreational equipment and kitchen at the site shall generally be included in the leased premises for the SCHOOL, with the provision that all recreation center program and area public school use needs have been met. Grp/rec admio/wp/ageementsNesseyB�ibit A � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet -� � �0 Departmentlo�ce/wuncil: - Date Initiated: P ParksandRecreation o�-.,��-� Green Sheet N4: 3019935 CoMaet Person & Phone: Deoartment Sent To Person Initial/Date Mike Haht7t 0 rks and reati n Z �� A55ign 1 r aod ecreation D artmentDirecto ��a- Must Be on Council Aeenda 6y (Date): Number 2 7— 2 i— Or} For Rouking 3 a or's0 ce Ma or/A istant pnjy� 4 ount 1 ^1 5 'tvClerk _ C7tvClerk_ L' � 2 — 6 arks nd ecr Hoo M'ke Aah 7` ToWI # of Signffiure Pages, (Clip All Locations for Signature� Action Requested: Signatures of attached Council Resolution approving the lease agreement of Vessey Academy's usage of Phalen Recrearion Center. ReCOmmendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions: Planning Commission t. Has this personffirm ever worked under a conGact for this department? CIB Gommittee Yes No Civil Service Commission 2. Has this pe�sonffirm ever been a city employee? , � Yes No� �, � . 3. Does this person�rm possess a'skill not normally pos�essed by any current city empioyee? Yes No ' Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why): General John Vessey Jr I,eaderslrip Academy, an independent chartex school desires to lease a portion of the space at Phalen Recreafion Center. Vessey Academy will pay basic rent to the City, as well as provide reimbursement for incidental fees and expenses. The lease has been approved by the Pazks and Recrearion Commission (Resolurion 04-09). AdvantapeslfApprovetl: The Vessey Cvatter School will be able to conduct classes from 7 a.m. to 3 p.m. dtuing the school yeax, and the City will receive zent pa��' RECEIVED ,� �,.,. �n .., �,�_: ,w., oisadva�Wges tf Maroved: ' JUL 1 2 Z� �4 None �S�L 9 � � MAYOR OF���i� S €7 `t Disadvantages If Not Approved: The Vessey Charter School will have to find another location for their school, and the Ciry will not receive rent payments. Totaf Amount of 55715 CosURevenue Budgeted: Trensadion: � � � � � � } � r+w y.�, Fundinnsource: VesseyLeadership acs�vnvNUmber. 23�gg V�rf % Financial Infortnation: Academy JUL 12 2004 (Explain) ` ��Y�,�-�r����� 04-'t� CITI' OF SAINT PAUL Randy C_ Kelly, Mayor �"`� ��� , ��� : d-....i June 14, 2004 TO: FROM: � Mayor Randy Kelly DIVISION OF PARKS AND RECREATION 300 City E3a71 Annex 25 West Fourth Street Saint Paul, Minnesota 55102 wcvw.cistpaul.nm.us/depUpazks TelepLone: 651-266-640Q Facsimile: 651-292-7405 TTY:6S1-266-6378 Deputy Mayar Dennis Flaherly Council President Dan Bostrom Councilmember Jay Benanau Councilmember Pat Harris Councilmember L,ee Helgen Councilmember Kathy Lanhy Councilmember Deb Montgomery Councilmember Dave Thune Carrie Wasley, Chair Saint Paul Parks and Recreation Commission Transmittal of Parks and Recreation Commission Resolutions 04-09 and 04-10 On June 9, 2004 the Parks and Recreation Cornmission passed the following resolutions (attached): Resolution 04-09 supports the leasing of Phalen Recreation Center for use as a charter school (the John Vessey Leadership Academy). Resolution 04-10 supports the permit to construct a single, ten foot (10') wide driveway across Wheelock Parkway, which would serve two new residential units (393 and 395 East Wheelock Parl.�vay). If you have any questions about these resolutions, please contact Commission Staffperson Cindy Morrison at 266-6398 or cindvmorrison(a�ci.st�aul.mn.us attachments c: Bob Bierscheid Divasion of Parks and Recreafion Managers AA-ADA-EEO Employer (���0 J paul Parks a�a Recreation Commission 300 City Hali Anncx, 25 W. 4th SGec[, Saint Paul, MN 55102 -(651)266-6400 RESOLUTION 0409 WHEREAS, the Saint Paul Pazks and Recrearion Cominission is an appointed body established to advise the Mayor and City Council on long-range and city-wide matters related to Pazks and Recreation; and WFIEREAS, the Division of Parks and Recreation has been approached by the John Vessey Leadership Academy related to leasing space at Phalen Recreation Center for use as a charter school, and WiIEREAS, the charter school use would be during the traditional school-day, when the recreation center would be otherwise closed, and WAEREAS, the Division has successful experience with charter school leases at other recreation center locarions, and WTiEREAS, the presence of the charter school will create a variety of positive impacts at the recreation center, including new revenue sources, enhanced facilities, cooperative programming opportunities and economies of scale, and WI�EREAS, the proposed lease a�eement is consistent with the Division's organizational mission and goals; NOW THEREFORE BE IT RESOLVED, that the Saint Paul Parks and Recreation Commission recommends that the Division of Parks and Recreation enter into a lease agreement with the Vessey Academy to locate a charter school at Phalen Recreation Center beginning with the fa112004 school year. Adopted by the Saint Paul Parks and Recreation Commission on: Approved: Resolution 04-09 Yeas � Nays � Absent: Attested to by: ( `_�f_//1..���.��li�f_S�!� Staff to Che P and Recreation Commission g:\group\div\wp�pazkscouunission�resolutions�2004\04-09vesseyacademy