08-880Council File #��
Green Sheet # 3057091
RESOLUTION
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Presented by
1 WHEREAS, the City of Saint Paul, Division of Parks and Recreation has a longstanding relationship with
2 Independent School District; and
4 WFIEREAS, the Division of Pazks and Recreation is the owner of certain real properiy now known
5 as the Oxford Community Center which includes the Jimmy Lee Recreation Center and the Cneat River
6 Water Park; and
s WI-IEREAS, Pazks and Recreation has significantly remodeled and expanded the site, and as part of
9 the project, Independent School District 625 contributed fiznds to build two gymnasia in the Jimmy Lee
l0 Recreation Center with the understanding that the parties would shaze their use; and
11
12 WIIEREAS, the attached Joint Use Agreement between the City of Saint Paul and ISD 625 sets
13 forth the understanding of the parties with respect to shazed use of the gymnasia; now, therefore, be it
14
15 RESOLVED, that the City Council hereby authorizes the entry into the Joint Use Agreement
16 between the City of Saint Paul and Independent School District 625.
� Yeas � Nays � Absent II Requested by Department of.
Bosh�om �/ � � /J
✓
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"""` � ApproJed y the�ofj
Lantry ✓ I`
Stark v B Y� `�
Thune � Approved by C}ty Attorney
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Adopted by Council: Date d/�� /m� Approved b������JJJ
Adoption Certified by Counc'1 Secretary By: �
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Approv y y� Date � L� (� t�
By:
� Green Sheet Green Sheet
Green Sheet Green Sheet Green Sheet Green Sheet��
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! Contact Person & Phone:
i Tom Russell
66415
Must Be on
30.JUL-08
Doc. Type: OTHER (DOESNT FIT ANY C
E-Document Required: N
DocumentConWct: TomRussell
Contact Phone: 66415
0 parks and Recreation � Deparlment Director ' �•�fI (�
1 �ancial Services __ I DirecMr ���
2 �Ciry Attornev I
3 �MavoPs Office Mavor Assistaut �
4 � uman Rights Human Ri¢hts '' �
5 omcil Coancd
6 'ty C7erk ICrt� Clerk
Total # of Signature Pages _(Clip All Locations for Signature)
Approval and signatures of the Mayor, City Attomey, OFS Director and Human Rights Director on the Joint Use agreement between
Pazks and Recrearion and Independent School Dishict 625.
iaanons: Hpprove �n� or te
Planning Commission
CIB Committee
Civil Service Commission
the
1. Has this person/firtn ever worked under a conVact for this department?
Yes No
2. Has this person/firtn ever been a ciiy employee?
Yes No
3. Does this personlfirm possess a skilt not normally possessed by arry
current city employee?
Yes No
Explain all yes an5wers on separate sheet and attach to green sheet
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'�6d�d �bhpSi7N1
Initiating Probfem, ksues, Opportunity (Who, What, When, Where, Why):
ISD 625 contibuted financing to build two gyim�asia at the Oxford Community Center. This ageement outlines their use of the center,
particulazly the two gymnasia. Pazks will manage the enfire facility.
AdvanWges If Approved: i
Parks and ISD 625 will be able to provide much needed service4s to the community and will use the new Oxford Community Center
to its utmost potential. '
DisadvanWgeslfApproved:
NONE
Disadvantages If Not Approved:
Pazks and Recrea6on will have some gaps in scheduling and Central High School will not have the planned use of the two gymnasia
that they helped fi�ance
Transaction:
Funding Source:
Financial Information:
(Expiain)
�
Assign
Number
For
Routing
Order
CostiRevenue Budgeted:
Activity Number:
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July 21, 2008 2:03 PM Page 1
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70INT USE AGREEMENT
AGREEMENT, Made this day of , 2008, by and between the
City of Saint Paul, a Minnesota municipal corporation (hereinafter "City") and Independent
School District No. 625 a.k.a. Saint Paul Public Schools, a Minnesota public corporation
(hereinafter "DistricY'),
WITNESSETH:
WI�REAS, City is the owner of real property described in the attached Exhibit A on
which is situated a facility known as the Jimmy Lee Recreation Center and Oxford Pool, which
facility has recently been remodeled and expanded by City as depicted on the attached Exhibit B
(hereinafter "Center"); and
WHEREAS, the Center includes rivo gymnasia which aze depicted on the attached
Exhibit C (hereinafter "Gymnasia"); and
WHEREAS, District is in need of the Gymnasia for use by District's Central High School
and other District schools and programs; and
WHEREAS, because of the aforesaid need District entered into an agreement with City
dated February 6, 2006 whereby District agreed to pay City substantial sums to assist City in
funding the construction of the Gyxnnasia in return for which City promised to enter into a use
agreement with Disirict for the future use by District of the Gymnasia; and
WHEREAS, this Joint Use Agreement is the use agreement contemplated in the aforesaid
February 6, 2006 agreement;
NOW, THEREFORE, in consideration of the mutual covenants and promises hereina8er
contained and contained in the February 6, 2006 agreement, City and District do hereby agree as
follows:
I. TERM
A. The term of this Joint Use Agreement shall be forty (40) years commencing on
August 1, 2008.
B. District shall have three (3) successive options to extend this Joint Use Agreement
each for an additional term of five (5) years. In order to exercise this right and
option, District shall provide City with written notice at least ninety (90) days
prior to the expiration of the term of this Joint Use Agreement.
C. The initial forty (40) yeu term and all five (5} year options are referred to herein
as "Term".
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IL RIGHT TO OCCUPY
A. City does hereby grant to District, and District does hereby accept, the exclusive
right to occupy the Gymnasia between the dates of September 1 and June 15,
inclusive, during each of DistricPs school years for DistricYs Period of
Occupancy.
The right to occupy the Gymnasia contained hereunder also includes
DistricYs right to (1) exclusive annual use of the secure storage room
designated as Room 101 on the attached E�ibit B, and (2) the right to
affix to and store batting cages in or near the Gymnasia.
2. Except as otherwise provided in Paragraph II.A.1 immediately above,
District will assemble and disassemble (if disassembly is required to
accommodate City's use) each day any and all furniture and equipment
used by it in the Gymnasia, including gymnastics equipment. Any District
furniture or equipment interfering with City's use of the Gymnasia may be
disassembled by City and City may charge District any and all labor costs
City thereby incurs.
B. In addition to DistricYs right to occupy as hereinbefore set forth, City shall make
available to District the Gymnasia at times and dates not encompassed within
District's right to occupy, and shall also make available other portions of the
Center, all according to City's then current policy and procedures for use of
recreation facilities by community organizations, including any charges therefor.
C. As used in this Joint Use Agreement the phrase "DistricYs Period of Occupancy"
shall mean the tune of each day District has prescheduled with City AistricYs use
of the Gymnasia and/or Center. District shall schedule with City, utilizing City's
then existing Pazks and Recreation scheduling procedures, DistricYs intended use
of the Gymnasia and(or Center at least before the commencement of each athletic
season but at a minimum of sequential blocks of ninety (90) day time frames.
City and District shall each designate in writing the person responsible for
scheduling. District has the exclusive right to schedule its use of the Gyim�asia
during City's operating hours, which shall be (1) 8:00 am. to 9:00 p.m. Monday
through Friday, (2) 8:00 a.m. to 8:00 p.m. Saturday, and 11:00 a.m. to 7:00 p.m.
Sunday, PROVIDED, HOWEVER, that City may schedule DistricYs use of the
Gymnasia andlor Center for hours other than City's operating hours for special
events, such as school dances, in which event City may chazge and District shall
pay an additional fee in such amount(s) as is the customary and usual charges
imposed by City upon other users of the Center. After District periodically
schedules its use District shall confirm with City such intended use on a monthly
basis by no later than the 25�' of the month preceding DistricYs use. If District
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has not scheduled its use of the Gymnasia City hss t� ng tfi to the use o t�
Gymnasia.
III. OPERATING COSTS
A. As used in this Agreement the term "operating costs" means all costs, expenses
and disbwsements of every kind and chazacter which is incurred in connection
with the operation, management, repair, replacement, maintenance and alteration;
if necessary, of the Gymnasia (excluding any such costs, expenses or
reimbursements with respect to District's programming within the Gymnasia) and
includes, but is not limited to, custodial engineering and housekeeping services
for the Gymnasia; utilities (gas, electric, water) appropriate to the season (with
respect to the heating and air conditioning) and District's use (lighting, restrooms,
water fountains) during its Period of Occupancy; rubbish and solid waste and
recyclable removal and disposition; snow and ice removal on the exterior steps,
walkways and puking lots so as to permit access to the Gymnasia; security for the
Gymnasia; and keeping the Gymnasia and appurtenances and every part thereof in
good order, condition and repair, including the maintenance, repair and
replacement, if necessary, of all interior walls and doors.
As used in this Agreement the term "operating cosY' does not include any costs,
expenses or disbursements required to be capitalized according to generally
accepted accounting principles (GAPP) and GASB Statement 34 applicable to
CiTy.
B. City shall be responsible for all operating costs and the provision of services
incurred therewith to the Gymnasia. District shall reimburse City in quarterly
installments for such operating costs incurred at the annual rate of $4.12 per
square foot of usable Gymnasia space (which is 13,243 square feet). This amount
shall be adjusted annually effective January 1 of each year in.the same percentage
as the increase in the consumer price index for the preceding calendar yeaz.
C. City shall be solely responsible for all costs, expenses and disbursements incurred
in connection with its operation, management, repair, replacement, maintenance,
of the Gymnasia that are required to be capitalized in recognition of the
substantial monetary contriburion made by District to City for construction of the
Center as is more particularly described in that agreement dated February 6, 2006
between City and Distdct.
D. In addition to and not as part of operating costs, District shall reimburse City for
any and all costs incurred by City for repair or replacement of any damage to the
Gymnasia caused during DistricY s Period of Occupancy as a result of the
activities conducted by District during that Period of Occupancy.
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N. MARKETING RIGHTS
City will have exclusive control over branding, naming, vending, sponsorship or
advertising rights within the Gymnasia, including assumption of all costs and receipts of all
revenues resulting therefrom, subject, however, to DistricYs prior consent.
V. CAPITAL IMPROVEMENTS
Capital improvements to the Gymnasia made by City shall require the prior approval of
District.
VI. TERMINATION
A. Either City or Dish may terminate this Agreement by giving one year advance
written notice thereof.
B. On termination of this Agreement, City shall pay District its contribution
previously made under the February 6, 2006 agreement depreciated from January
1, 2008 on a 25 yeaz basis.
VII. QUIET ENJOYMENT
City represents and warrants it is the lawful owner of the Center including the Gymnasia,
that it has full right and power to enter into this Agreement, and that so long as District is not in
default hereunder District sha11 quietly hold, occupy and enjoy the Gymnasia during the Term of
this Agreement and for the Period of Occupancy. City shall not allow the serving of alcoholic
beverages at anyplace on Center premises during DistricYs Period of Occupancy.
VIII. ASSIGNMENT
Neither City nor District may assign this Agreement without prior written consent of the
other party hereto.
IX. INSURANCE
A. City and District shall each be responsible and liable for their respective
operations, including providing adequate security, within the Gymnasia and
Center.
B. City and District shall each indemnify, defend and hold hannless the other for the
acts or omissions of its employees and agents in performance of their respective
covenants and agreements herein contained. In connection therewith Dishict
shall during the Term of this Agreement maintain general public liability
insurance, naming City as additional insured, for the limits of liability as
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contained in Minnesota Statutes Chapter 466. It is un�stoo an agree t at —
City is self insured for such liability.
C. City shail at all times during the Term of this Agreement keep the Gymnasia
insured in the standard form of extended coverage insurance endorsement,
including but without limiting the generality of the foregoing: windstorm, hail,
explosion, fire, vandalism, riot and civil commotion, damage from vehicles, and
smoke damage, and such other coverage as may be deemed necessazyby City.
City waives, releases and dischazges District from all claims or demands
whatsoever which City may have or acquire in the future arising out of damage to
or destruction of the Gymnasia by fire or extended coverage risk.
l. In the event the Gymnasia or any portion thereof is damaged or destroyed
by fire or other casualty, however or by whomever caused, and the
Gymnasia thereby rendered unsuitable for the use of Dish District may
terminate this Agreement upon five days advance written notice.
D. District shall insure the contents of the Gymnasia owned by it against loss or
damage by fire, windstorm, or casualty for such amounts as Dish may desire
and District agrees that such policy shall discharge City from all claims or
demands whatsoever which District may haue or acquire by fire or extended
coverage risk, whether such claim or demand may arise because of the negligence
of the City, its agents or employees, or otherwise, and District agrees to only look
to such insurance coverage in the event of such loss.
X. IMPROVEMENTS AND FIXTLJRES
All improvements and fixtures desired by District shall be made and installed with City's
prior approval. Upon termination of this Agreement, any such improvements and fixtures shall
be removed by District and the condition of the Gymnasia returned in as good condition as
existed at commencement of this Agreement, reasonable wear and teaz excepted.
XI. PERMITTED USE
Any District use of the Gymnasia not within its Period of Occupancy hereunder will be
pursuant to City's permit system and procedures. Likewise, any use of the Gymnasia by City
during DistricYs Period of Occupancy will be pursuant to District's permit system and
procedures.
XII. ENTIRE AGREEMENT
This Agreement contains the entire understanding between City and District. There are
no other terms, obligations, covenants, representations, statements or conditions, oral or
otherwise, any kind whatsoever. Any agreement hereafter made shall be ineffective to change,
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modify, discharge or effect an abandonment ofthis Agreement in whole or m part un esl - s such an
agreement is in writing and signed by duly authorized individuals of each party hereto.
CITY OF SAINT PAUL
:` A�I �//�
Mayor or Designee
INDEPENDENT SCHOOL DISTRICT
NO. 625
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Its c ir
B � l� � �
Assistan City Attorney
B ��a�. .C�_
Its Clerk
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Director, Office of % /" /
Financial S ices �-' -- '
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B �/�/(� �"
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i ector, Department of
Human Rights
B ��ta��tt.�.���z
Director, Department 6
Parks and Recreation
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