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08-936Council File # �� q �j jQ/J GreenSheet# 3057095 RESOLUTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 WFIEREAS, Tndependent School District 625 is owner of real properry and faciliry lmown as the Washington Technical Middle School, and; WHEREAS, the Washina on Technology Middle School has been remodeled and expanded by the DISTRICT, and; WHEREAS, Pazks had a long term leasehold on some of the space that was used in the expansion and remodel, and; WHEREAS, in a development agreement between the two parties it was ageed that the DISTRICT would take over the lease hold space and in return build a new recreation center azea in the expanded and remodeled azea, and; WHEREAS, a joint use agreement, seuing the parameters of ffie City's use of the space and the DISTRICT'S management of the space is needed, and THEREFOR, BE IT RESOLVED that the MAYOR recommends that this Joint Use Agreement between Saint Paul Parks and Recreation and Independent School District 625, who has already a�xed their signatures, be approved by the City Council. Bostrom Carter Hazris Thune Adopted by Council: Date Re u te� enf of �_�—, �. By: Approved by the By: �c� Approved by BY: . `� Adoprion Certified by Counc' Secretary B BY� // / ,�l �Ysd.� Approv y N ay0 •: Date g v� O� By: �, ofFinancial Services p, k'-�1 /� �� Attorney � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 08-� �, PR -Paz��d�noa ; 2,_��-0$ ; Green Sheet NO: 3057095 Contact Person & Phone: Tom Russefl 66415 30-JUL-08 Doc. Type: OTHER (DOESNT FIT ANY C�� E-DOCUment Required: N Document Contact: Tom Russell � Assign Plumber For Routing Order Contact Phone: 66475 I ToWI # of Signature Pages � (Clip All Locations for Signature) � V 1 �Financial Services Fnancial Services ' 2 aman R� '�h4 — ` Ruman Righta �� 3 yor'sMa Office i MaVOr/Assistant 4 omcil Citv Council 5 'tv Clerk G� CIerI� � Signatures and Council approval on the attachedjoint use agreements beriveen Parks and Recreation and ISD 625, concerning the use of space at Washing[on Technology Middle School and Rice Recreation Center. iaaaons: qpprove �ia) or rc Planning Commission CIB Committee Civfl 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/firtn possess a skill not nottnally passessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet � Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): i Pazks lost its lease hold space at Washington Technology magnet and Rice Recreation center due to an expansion and remodel by the j school district. In exchange for this loss of space, ISD 625 agreed to include space for Rice Recreation Center in the rebuilt space. j This agreement sets out the pazameters for the use of this space. Advantages If Approved: Rice Recreation Center will be able to run their programs out of newly remodeled space. The Community will benefit from a rebuilt faciliry that will include access to two gyms. Disadvantages N Approved: NONE DisadvanWges If Not Approved: The community surrounding Rice Recreation Center will not have an appropriate facility to experience Recreation programs. Transaction: Funding Source: Financial Information: (Explain) CostlRevenue Budgeted: Y Activiiy Number. July 21, 2008 2:57 PM Page 1 ...,,., ti ... �r rr„ A.d' • �� e�� I � � 5 � �� j1`. �� `�' V�'� JOINT 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 pubiic corporation (hereinafiter "District"), . WITNESSETH: WHEREAS, District is the owner of real property described in the attached Exhibit A on which is situated a facility known as the Washington Technology Middle School, which facility has recently been remodeled and expanded by District as depicted on the attached Exhibit B(hereinafter "School"); and WHEREAS, the School inciudes an area which is depicted on the attached Exhibit C (hereinafter "City Space"); and WHEREAS, City is in need of the City Space for use by certain of City's programs and in the past has utilized similar space at the School; and WHEREAS, District is willing to accommodate City's needs; NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter contained, City and District do hereby agree as follows: f. TERM A. The term of this Joint Use Agreement shall be forty (40) years commencing on June 1, 2008. B. City shall have three (3) successive options to e�end this Joint Use Agreement each for an additionai term of five (5) years. In order to exercise this right and option, City shali provide District with written notice at least ninely (9Q) days prior to the expiration of the term of this Joint Use Agreement. C. The initial forty (40) year term and all five (5) year options are referred to herein as "Term". II. RIGHT TO OCCUPY A. District does hereby grant to City, and City does hereby accept, the ��-43� exclusive right to occupy the City Space each and every day for the full 24 hour period for each entire calendar year or portion thereof during the Term hereof. B. District does also hereby grant to City the priority right to schedufe City's use of DistricYs gymnasia which are located in the School and accessible from City Space. As used herein "DistricYs gymnasia" is depicted on the attached Exhibit D and includes common space, restrooms, vest�bule and stairwell. The term "priority right" shali mean that after DistricYs needs for the gymnasia are satisfied City may utifize the gymnasia on a prescheduled basis before other non-District users are granted access to the gymnasia. City shall schedule with District, using DistricYs then existing scheduling procedures, City's infended use of the gymnasia in sequential biocks of ninety (90) day time frames. District and City shall each designate in writing the person responsible for scheduling. After Citv periodicalfy schedules its use City shali confirm with District such intended use on a monthly basis by no later than the 25 of the month preceding City's use. C. In addition to City's right to occupy as hereinbefore set forth, District shail also make available to City other portions af the Schoo4 according to DistricYs then current policy and procedures for use of facilities by community organizations, including any charges therefor. III. OPERATING COSTS A. As used in this Agreement the term "operating costs" means all costs, expenses and disbursements of every kind and character which is incurred in connection with the operation, management, repair, replacement, maintenance and alteration, if necessary, of the City Space (excluding any such costs, expenses or reimbursements with respect to City's programming within the City Space) and inc{udes, but is not {imited to, custodial engineering and housekeeping services for the City Space; utilities (gas, electric, water) appropriate to the season (with respect to the heating and air conditioning) and City'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 parking lots so as to permit access to the City Space; security for the City Space; and keeping the City Space and appurtenances and every part thereof in good order, condition and sepair, including the maintenance, repair and replacement, if necessary, of all interior waiis and doors. As used in this Agreement the term "operating cosY' does not include any 2 ��3� costs, expenses or disbursemE generally accepted accounting applicable to District. nts required to be capitalized according to principies (GAPP) and GASB Statement 34 B. District shali be responsible for all operating costs and the provision of services incurred therewith to the Gity Space. City shall reimburse District in quarterly instaliments for such operafing costs incurred at the annual rate of $5.50 per square foot of usable City Space space (which is 10,551 square feet). In addifion, Cify shail reimburse District in quarterly instailments for such operating costs incurred at the annual rate of $3.30 per square foot of useable gymnasia space (which is 10,455 square feet). These amounts 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 year. C. District shall be solely responsible for all costs, expenses and disbursements incurred in connection with its operation, management, repair, replacement, maintenance, of the City Space that are required to be capitalized. D. In addition to and not as part of operating costs, City shail reimburse District for any and all costs incurred by District for repair or replacement of any damage to the City Space caused during City's period of occupancy as a result of the activities conducted by City during that period of occupancy. IV. MARKETING RIGHTS District will have exclusive control over branding, naming, vending, sponsorship or advertising rights within the City Space, including assumption of all costs and receipts of all revenues resulting therefrom, subject, however, to City's prior consent. V. CAPITAL IMPROVEMENTS Capital improvements to the City Space made by District shail require the prior approval of City. VI. TERMINATION Either City or District may terminate this Agreement by giving one year advance written notice thereof. 3 v� � ��T By llirector, Office of Financ� Services B� ` � ^A �� Dir r, Department of Auman i hts BY �fJ �1 � �/ � Director, Department of P rk and Recreation _--:• � �y ��• All of Block 4 and the vacated alley in said Btock 4, lots 6 thru 20 along with the east �h of the vacated alley adjoining said Lots 6 thru 10 and the west'/z of said vacated alley adjoining said Lots 11 thru 20, Block 3, all in DAWSON Ft RICE'S ADDITION, accordin� to the recorded plat thereof, Ramsey County, Minnesota, together with the vacated Marion Street tyin� between the southerly right of way of Cook Avenue and the northerly ri�ht of way of �awson Avenue and the west'/z of vacated Woodbridge Street between the south tine of the said Lot 6, Btock 3 extended east, and said southerly ri�ht of way of Cook Avenue. �� Atl of Btock 4 and the vacated alley in said Block 4, lots 6 thru 20 along with the east Yz of the vacated attey adjoining said Lots 6 thru 10 and the west'/z of said vacated alley adjoining said Lots 11 thru 20, Block 3, all in DAWSON £t RICE'S ADDITION, according to the recorded plat thereof, Ramsey County, Minnesota, together with the vacated Marion Street lying between the southerty right of way of Cook Avenue and the northerly right of way of E.awson Avenue and the west Yz of vacated Woodbridge Street between the south line of the said Lot 6, Block 3 extended east, and said southerly right of way of Cook Avenue. rn� �c � � _ �. � � O � W � �i � � n � � 0 •o � � � � � � Q � � � � � � Q 0 � — 1 <: 'F ' � �+ � � � _�__ � : ls .,. � �_.� : �- .�: . � __ � �� , u�„�, =�_, � � - ; .,, �- - � r � � r�r._._� � �r !I ��rw �, � ■ `e. . 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