08-268CouncilFile# 68��(pg
Green Sheet # 3050031
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ci�r
Presented by
RESOLUTION
SAINT PAUL, MINNESOTA
15
WIIEREAS, the CITI' is the owner of certain real properry ]mown as Eastview Recreation Center, located at 1675 E
FiRh St�eet, Saint Paul, MN 55106„and
WHEREAS, due to financial restrictions the Ciry is able to continue pxoviding outdoor recreation progiamming, but is unable to
continue management of the recreation facility at Eastview; and
WI�REAS, the City of Saint Paul has a longstanding relationship with Merrick Community Services; and
WHEREAS, Merrick Community Services is committed to improving the lives of the residents of Saint Paul by
empowering individuals and strengthening families; and
WHEREAS, Merrick Community Services is dedicated to providing a variety of youth and family programs in a safe,
healthy environment; and
WHEREAS, Memck Community Seroices has both an interest and the financial means to inanage Eastview Recreation
Center; and
WHEItEAS, both Merrick Community Services and the City of Saint Paul wish to enter into and agreement for the
management of the Eastview Recreation Center which will benefit the community in the form of continued recreational
opporhmities;
NOW, BE IT RESOLVED, that the City of Saint Paul and the Saint Paul City Council authorize the Division of Parks
and Reccearion to enter into a 2-yeaz agreement fox management of the Eastview Reciea6on Center, by Merrick Community
Services.
Bosh�om
Carter
Stark
Thune
Adopted by Council:
"" ""'°°` Requested by Department of:
� �Gl�I,�S GM� ����
✓ By: �
'� Approve ,e€�uAucial Services
Date 1 / ly
I
BY ���\
Approved by City Attorney
BY� --'�.v e ---��
Appxoved
Adoprion Certified by Council Secretary g
BY. � —
i
Approve y M ate " J� Q�_
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
,
6�- ��g
DepartmenUo�ce/council: Date Initiated:
pR — ParksandRureation ,�-FEB-0B . Green Sheet NO: 3050031 -
Contact Person & Phone:
Kathy Korum
y
Assign
Number
For
Routing
Order
0 arks and RecreaROn �J��'uY✓' �'�,��Oa
] arks and Recreatiou Department Director i `
2 i Attorne Gin er Palmer �t �"� �
3 inancial Services Financial Services
4 or's Office Ma ors Otfice I
I
5 i Clerk GS Clerk
6 arks and Recreation Kath Korum �iJ�
Must Be on council Agenda
27-FEB-08 �
�oc. Type: RESOLUTION W/$ TRANSAC
E-Document Required: N
Document Contact:
ConWct Phorte:
Total # of Signature Pages _(Clip All locations for Signat�re)
Approval of the attached resolufion authorizing the City of Saint Paul Parks and Recreation to enter into a two year agreement for
management of the Eastview Recrearion Center, by Mertick Community Services.
iaanons: Npprove (n) or tt
Planning Commission
CIB Committee
Civil Service Commission
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city emp�oyee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Due to financial restrictions the City is unable to continue providing outdoor recreation programming, but is able to continue
management of the recreation facility at Eastview. Both Merrick Comunity Services and the City wish to enter into an agreement for
the management of the Eastview Recreation Center which will benefit the communiry in the form of continued recreational
opporiunities.
Advantages It Approved:
The resident of Saint Paul would still be provided with a variety of youth and famiLy prog�am in a safe and healthy envimnxnent.,
Disadvantages If Approved:
None
Disadvantages If Not Approved:
Loss of programming
Total Amount of
Transaction:
Funding Source:
Activity Number:
Financia� Information: In lieu of payment Merrick is responsible for up to $10,000 of utility, maintenance and repair costs the first
(Expiain) Year of agreement at Eastview.
CosURevenue Budgeted:
February 15, 2008 12:48 PM Page 1
b8-�bg
LEASE AGREEMENT
BETWEEN THE
CTTY O�' SAINT PAUL, PARKS AND RECREATION
AND
MERRICK CONIMCII�TITY SERVICES
THTS AGREEMENT, dated this l lth day of February, 2008, by and between the City of
Saint Paul, Minnesota, a municipal corporarion organized and existing under the laws of the
State of Minnesota, hereinafter refened to as "CITY", and Merrick Community Services,
hereinafter refened to as "Merrick".
VJITNESSETH:
WHEREAS, the CITY is the owner of certain real property lrnown as Eastuiew
Recreation Center, ("Eastuiew") located at 1675 E Fifth Street, Saint Paul, MN 55106, and due
to financial restrictions will be forced to cease progratmning at Eastview; and
WHEREAS, Memck is committed to improving the lives of the residents of St. Paul by
empowering individuals and strengthening families, and;
WHEREAS, Merrick is dedicated to providing a variety of youth programs in a safe,
healthy environment, and;
WHEREAS, both parties wish to enter into an agreement far the management of
programming for the spaces at Eastview which will provide benefits to the conununity in the
form of conrinued recreational opportunities.
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set
forth, parties agree as follows:
TERM
A. The term of this agreement shall be for two (2) years, commencing upon the date of
execufion of this Agreement and ending on the date two (2) years thereafter. The pariies may
renew this lease annually upon written notice, signed by both the CITY and Merrick. The
renewai request shall be submitted by Merrick to the CITY, 90 days prior to the expiration date
of the contract.
USE OF SITE.
A. Merrick shall lease the Eastview recreation building during the term of this
Agreement, and shall manage the staff and programs at the facility. Public use of the building in
the form of access to the gyinnasium, meeting room and restrooms will be maintained at a level
to be agreed upon by the CITY and Memck.
r i
! • i
B. Memck will have the first right to schedule the interior space located at Eastview for
their own recreational prograzns. The CITY will have the first right to schedule the exterior
space at the site. Both parties agree to share scheduling information on a monthly basis. When
unscheduled, the fields will first be available to Merrick for programm;ng and then to the public
for general use. When the interior space is unscheduled, it will be auailable to the CITY and
then to the public for general use.
C. CTPY recreation programs may be provided at this site as agreed upon by both parties.
The CITY shall be responsible for staffing all programs managed by the CITY.
3. PAYMENT.
The parties have agreed that in lieu of payment Merrick shall be responsible for up to
$10,000 of utility, maintenance and repair costs at Eastview during the first year of the
Agreement, and shall at its own cost, staff and schedule use of the center. The CITY shall
conrinue to support interior maintenance at the site over and above the $10,000 amount during
the first year of the Agreement. During the second year of the ageement, Merrick agrees to
assume the entire cost for interior maintenance and utilities at the site, and shall at its own cost,
staff and schedule the use of the center.
4. MAINTENANCE & REPAIR
A. During the first year of the Agreement, the CITY shall be responsible for supporting
maintenance and housekeeping of the interior of Eastview, including cleaning, and routine
repairs. The CITY will provide a cleaning crew two days per week and supplies for that
purpose. Merrick agrees to conduct light housekeeping such as: sweeping, mopping and
emptying trash containers on a daily basis. During the second year of the Agreement, Merrick
shall be responsible for all maintenance, repairs and housekeeping far the interior of Eastview,
including daily cleaning, and rourine repairs. Merrick will provide staff and supplies for that
purpose. Merrick will be responsible far the first $1000 of repairs at the Eastview site. If repaix
costs total $1001 -$4999, the CITY and Merrick shall share equally in those costs. The CITY
shall be responsible for all repair costs once they haue exceeded $5000. Notification of repair
costs exceeding $1000 shall be provided to the CITY as soon as possible once knowiedge of the
repair costs is lrnown, but no later than five (5) days.
Merrick will be responsible for putting trash in the dumpster that will be provided by the CITY.
The CITY will be responsible for emptying the dumpster on a routine schedule.
Merrick sha11 be responsible for clearing and shoveling the walk from the building door to the
sidewalk.
B. During the first year of the Agreement, the CITY and Merrick shall share equally in
the cost of gas and electric services. Merrick will not be responsible for more than $10,000 in
total costs (utilities, maintenance and repairs) during the first year of the Agreement. The CITY
shall invoice Merrick quarterly for Merrick's share of these costs. During the second year of the
Agreement, Merrick shall assume all costs for gas and electric services.
D$��l�g
C. All grounds maintenance will be the responsibility of the CITY. Fields will be
maintained at the same level as other City facilities. Other than the walk from door to sidewalk,
the CTI'Y shall be responsible for all snow and ice removal on steps, walkways and parking lots.
Snow removal shall take place after each accumulation of more than rivo (2) inches of snow.
Merrick sha11 be responsible for snow and ice removal on steps, and walkways when
accumulation is less than two (2) inches.
5. ALTERA.TIONS Merrick will not make any alterations to the premises without the written
consent of the CITY, where such consent will not to be reasonably withheld. If Merrick desires
to make any such alterarions, an accurate description of the project shall first be submitted to the
CITY in writing and such alterafions shall be done at Merrick's own expense. All such wark
shall be done under the CITY'S supervision and any improvements shall become the property of
the CITY and the end of the agreement term. Merrick agrees that any alterations shall be done in
a workmanlike manner and in conformance with all applicable law, regulations and building
codes, that the structural integ of any and all building systems will not be impaired and that
no liens will be attached to the premises by reason thereof.
6. REPRESENTATIVES. The City's representative for this agreement will be the Recreation
Services Manager or his/her designee. The Merrick representative for the purposes of this
agreement will be the Executive Director, or his/her designee. Conespondence regarding the
Agreement should be sent to:
Saint Paul Parks and Recreation
25 W 4`� Street Room 300
Saint Paul, MN 55102
Attn: Recrealion Services Manager
6. INDEMNIFICATION. The City sha11 be liable for managing any and all clauns which arise
during activities provided and managed by the City. Merrick agrees to indemnify, defend, save
and hold harmless, the CITY and all its agents, officers and employees thereof from all claims,
demands, actions, judgments, suits or causes of action of any nature or character, arising out of
Merrick's use of the premises except to the extent that such claims arise out of the CITY'S
failure to maintain the premises in accordance with this agreement. Merrick shall provide the
CITY with notice of any injuries, claims, or suits submitted to them within thirty (30) days of
receipt of such notice, claim or suit.
7. INSURANCE. The CITY shall insure the CTTY'S building for fire and comprehensive
property damage coverage. Merrick will provide the following insurance during the term of the
agreement:
a) Merrick shall be responsible for the self-insurance of, or for the acquisirion of
Commercial Property insurance on, its own personal property and the property of
anyone using the facility.
b) Gomprehensive general liability insurance including blanket contractual liability
coverage and personal injury liability coverage with a combined single limit of not
less than $1,200,000 aggregate, or $400,000 per occurrence shall be purchased by
68-�t��d
programs that had begun prior to the notice of terminarion.
B. At the temiination of this agreement the premises shall be surrendered peacefully
and returned to the CITY in the same condirion as received, reasonable weaz and
tear notwithstanding.
11. AMENDMEN`PS. No amendments to this Agreement shall be effective without being
reduced to writing and executed by both parties_
12. ASSIGNMENT. The CITY and Merrick each binds itself and its successors, legal
representatives, and assigns of such other party, with respect to all covenants of this Agreement;
and neither the CITY nor Merrick will assign or transfer their interest in this Agreement without
the written consent of the other.
13. WAIVER. Any fault of a party to assert any right under this Agreement sha11 not constitute
a waiver or a termination o£that right, this Agreement, ar any of this AgreemenYs provisions.
14. ENTII2E AGI2EEMENT. It is understood and agreed that this entire Agreement supersedes
all oral ag�reements and negotiations between the parties relating to the subject matters herein.
IN WITNESS WHEREOF, the parties have set their hands the date first written above.
APPROVED AS TO FORM: CITY OF SAINT PAUL
Assistant City Attorney Mayor
Merrick Community Services City Clerk
Executive Director
Director of Financial Services
Director of Parks and Recreation