95-1511 Council File # 9 1 6 -7- 4 7
ORIGINAL RESOLUTION Green Sheet # o1rni
CI 1( OF SAINT PAUL, MINNESOTA
Presented By
Referred to Committee: Date
p.►of2
1 RESOLUTION DIRECTING THE DIVISION OF PARKS AND RECREATION TO
2 ENTER INTO AGREEMENT WITH NEIGHBORHOOD HOUSE ASSOCIATION TO
3 LEASE AND MANAGE THE CITY OWNED FACILITY AT 179 E. ROBIE STREET
4 ALSO KNOWN AS NEIGHBORHOOD HOUSE COMMUNITY CENTER.
5 WITNESSETH:
6 WHEREAS, CITY is the owner of certain property known as Neighborhood House
7 Community Center which is located within the corporate limits of the City of Saint Paul, and
8 said property is legally described as follows:
9 All the parts of:
10 Lots 4, 5, 6 & 7 Block 15 of Bell's Addition to West St. Paul, and of the
11 Southeasterly 1/2 of State Street adjacent to said Lots 5 & 6 that is encompassed by
12 a line described as follows: Beginning at the Southeasterly corner of said Lot 6,
13 thence North 64 degrees - 44' West along the Southwesterly line of Lot 6 extended
1 for 80.00 feet to a point on the center line of State Street, thence North 26 degrees -
15 08' East along the center line of State Street for 220.00 feet, thence South 64 degrees
1 - 45' - 20" East, parallel to the Northeasterly line of said Lots 4 & 5, for 75.00 feet,
1 thence North 26 degrees - 08' East for 45.0 feet, to a point that is 8.0 feet from the
1 Northeasterly line of said Lot 5, thence South 64 degrees - 45' - 20" East for 40.0
19 feet, thence South 26 degrees - 08' West for 128.52 feet to the Southwesterly line of
2 0 said Lot 4, thence North 64 degrees - 44' - 40" West along the Southwesterly line of
21 Lot 4 for 25.0 feet, thence South 26 degrees - 08' West for 136.52 feet, to the
2 2 Southwesterly line of Lot 7, thence North 64 degrees - 44' West for 10.0 feet to the
2 3 point of beginning: Subject to an easement over that part thereof that is encompassed
2 4 by a line described as followed: Commencing at the Southwesterly corner of Lot 7
2 5 of Block 15 of Bells Addition, thence South 64 degrees - 44' East along the
2 6 Southwesterly line of Lot 7 for 5.0 feet to the point of beginning of the line to be
2 7 described; thence North 26 degrees - 08' East for 220.03 feet, thence North 64
2 8 degrees - 45' - 20" West for 10.0 feet thence North 26 degrees - 08' East for 45.0
2 9 feet, thence South 64 degrees - 45' - 20" East for 40.0 feet, thence South 26 degrees
3 0 - 08' West for 128.52 feet, thence North 64 degrees - 44' - 40" West for 25.0
31 feet, thence South 26 degrees - 08' West for 136.52 feet, thence North 64 degrees -
32 44' West for 5.0 feet to the point of the beginning; and also
33 All that part of the Northwesterly 1/2 of State Street adjacent to Block 69 of West St.
34 Paul Proper that is encompassed by a line described as follows: Commencing at
35 the Southwesterly corner of Block 15 of Bells Addition, thence North 64 degrees -
3 6 44' West, along the Southwesterly line of said Block 15 extended for 30.00 feet, to
9$ - ri/
3 7 the center line of State Street, said point being the point of beginning of the line to be
3 8 described, thence continuing North 64 degrees - 44' West for 30.00 feet to the
3 9 Southeasterly line of said Block 69, thence North 26 degrees - 08' East, along the
4 0 Southeasterly line of said Block 69 for 219.99 feet, thence South 64 degrees - 45' -
41 20" East, parallel to the Northeasterly line of said Block 15, for 30.00 feet to the
4 2 center line of State Street, thence South 26 degrees - 08' West, along said center line,
4 3 for 220.00 feet to the point of beginning.
p.'2_of
44 HEREINAFTER referred to as "CENTER ",
4 5 WHEREAS, CITY desires to provide from and through the CENTER a comprehensive
4 6 program of recreation, service and opportunities for the West Side Community, and
4 7 WHEREAS, CITY has historically sponsored and promoted human services activities for
4 8 the sort and nature which have helped and benefited the social, recreational, health,
4 9 educational, and the general well -being of the residents of the West Side Community; and
50 WHEREAS, CITY and NEIGHBORHOOD HOUSE ASSOCIATION have determined
51 that the residents of the West Side Community would experience an effective delivery of
52 human services if NEIGHBORHOOD HOUSE ASSOCIATION leased and managed the
53 CENTER.
54 NOW, THEREFORE BE IT RESOLVED, that the Council of the City of Saint Paul
55 direct the Saint Paul Division of Parks and Recreation to enter into an agreement with
56 NEIGHBORHOOD HOUSE ASSOCIATION to lease and manage the CENTER.
Yeas Nays Absent
Blakey ✓ Requested by:
Grimm ,/
Guerin ,i Divis' n of arks eation
Harris v —
Megard ,/ By: U
Rettman
Thune Approval Recommended by BndgeC'
/l v Director: AiP+nwN �d.MGr
By:
Adopted unci a - / ) e. ,19/ /ggtC
Form Approved by City Attorney
Adopt'on C- tifie• , Secretary
By
. / By: j
Approved by ayor for Submission to
Approved b ayor: Date ,A / / Counc' j�
si
By: AP By:
d ...5 -7 , 95-1.17/
,,
DEPARTMENT/OFFICE/COUNCIL DATE INITIATED N° 2 8 4 9 7
Parks & Recreation 10/5/95 GREEN SHEET
CONTACT PERSON & PHONE i 't DEPARTMENT DIRECTOR ® CIT COUNCIL INITIAL/l)rTE
t
Vince Gilles • ie 266 -6408 ASSIGN ATTORNEY ❑ CITY CLERK }
MISER . MUST = ON ►- .'T•' 1 ril BY '. Rotmma ®" BUDGET DIRECTOR ED FIN. & MGT. SERVICES DIR. i
OlWen 61 MAYOR (OR ASSISTANT) ❑
TOTAL # OF SIGNATURE PAGES 7 (CUP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED:
Approve a new agreement between.the City of Saint Paul and Neighborhood House Inc.
The new agreement authorizes Neighborhood House to manage part of the facility and
provide Social Services at the City owned facility at 179 East Robie Street.
RECOMMENDATIONS: Approve (A) or RO NA (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
pul4m4G COMMISSION _ CIVIL SERVICE COMMISSK)N 1. Has this person/dm aver worked under a contract for this department?
_ CIO COMMITTEE YES NO
2. 'Has this personifirm ever been a city employee?
_A._ STAFF YES NO
_ DISTRICT COURT 3. Does this person/knit possess a skill not normally possessed by any current city employee?
SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO
. Explain all yes answers on separate whist and attach to goon shoat
•
INITIATNIG PROBLEM, ISSUE. OPPORTUNITY (Who. Whet, When. When, Why):
The City a Neighborhood House have had a Management agreement for the facility,
at 179 East Robie since 1970. In 1995 there was an addition made to the building '
which changed its floor plan. The change in the floor plan invalidated the previous j
agreement. A new agreement needs to be approved. I
ADVANTAGES IF APPROVED:
Neighborhood House Inc. will be able to continue managing the Social Services i.
part of the facility which reduces the cost to operate the facility for the City.
DISADVANTAGES IF APPROVED: 'Pt
None Council Research. Center RECEIVED RECEIVED
DEC 14 1995 OCT 1 21995 OCT 06 1995
REAL ESTATE mist
- - - CITY ATTORNEYS
DISADVANTAGES IF NOT APPROVED:
The City would have to assume management responsibility for the entire facility
including all costs.
r
R
TOTAL AMOUNT OF TRANSACTION $ 1 00 annu payment COST /REVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDING SOURCE ACTIVITY NUMBER 1
FINANCIAL INFORMATION: (EXPLAIN)
1 .
•
•
NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL
MANUAL AVAILABLE IN THE PURCHASING OFFICE (PHONE NO. 298-4225).
ROUTING ORDER:
Below are correct routings for the five most frequent types of documents:
CONTRACTS (assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept. Grants)
1. Outside Agency 1. Department Director
2. Department Director 2. Budget Director
3. City Attorney 3. City Attorney
4. Mayor (for contracts over $15,000) 4. Mayor /Assistant
5. Human Rights (for contracts over $50,000) 5. City Council
6. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services
7. Finance Accounting
ADMINISTRATIVE ORDERS (Budget Revision) COUNCIL RESOLUTION (alt others, and Ordinances)
1. Activity Manager 1. Department Director
2. Department Accountant 2. City Attorney
3. Department Director 3. Mayor Assistant
4. Budget Director 4. Ciy Council
5. City Clerk
6. Chief Accountant, Finance and Management Services
ADMINISTRATIVE ORDERS (all others)
1. Department Director
2. City Attorney
3. Finance and Management Services Director
4. City Clerk
TOTAL NUMBER OF SIGNATURE PAGES
Indicate the #of pages on which signatures are required and paperclip or flag
each of these pages.
ACTION REQUESTED
Describe what the project/request seeks to accomplish in either chronologi-
cal order or order of importance, whichever is most appropriate for the
issue. Do not write complete sentences. Begin each item in your list with
a verb.
RECOMMENDATIONS
Complete if the issue in question has been presented before any body, public
or private.
SUPPORTS WHICH COUNCIL OBJECTIVE?
Indicate which Council ob(ectIve(s) your project/request supports by listing
the key word(s) (HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT,
BUDGET, SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.)
PERSONAL SERVICE CONTRACTS:
This information lin Aped tq determine the citye liability for workers compensation claims, taxes and proper civil service hiring rules.
INITIATING PROBLEM, tSUE, OPPORTUNITY
Explain the situation or conditions that created a need for your project
or request.
ADVANTAGES IF APPROVED
Indicate whether.thie is simply an annual budget procedure required by law/
charter or whirtnorffieni gdp specific ways in which the City of Saint Paul
and its chizdns`w H beneff from this project/action.
DISADVANTAGES IF APPROVED
What negative effects or major changes to existing or past processes might
this project /request produce if it is passed (e.g., traffic delays, noise,
tax increases or assessments)? To Whom? When? For how long?
DISADVANTAGES IF NOT APPROVED
What will be the negative consequences if the promised action is not
approved? inability to deliver service? Continued high traffic, noise,
accident rate? Loss of revenue?
FINANCIAL IMPACT
Although you must tailor the information you provide here to the issue you
are addressing, in general you must answer two questions: How much is it
going to cost? Who is going to pay?
3 -iris
AGREEMENT
BETWEEN THE
CITY OF SAINT PAUL
AND
NEIGHBORHOOD HOUSE
THIS AGREEMENT made this 1st day of January, 1995 between the
CITY OF SAINT PAUL, a Municipal Corporation and political
subdivision of the State of Minnesota (hereinafter called the
"CITY ") and THE NEIGHBORHOOD HOUSE ASSOCIATION, a Non - Profit
Corporation organized and existing under the Laws of the State of
Minnesota (hereinafter called "NEIGHBORHOOD HOUSE ").
It is mutually acknowledged that the CITY and NEIGHBORHOOD HOUSE
are partners in providing their respective services to the
community and that both parties provide resources for the
construction, operation and management of the neighborhood
facility described in this Agreement.
It is mutually agreed by and between the CITY and NEIGHBORHOOD
HOUSE:
1. Premises. That the CITY, for and in consideration of an
annual basic payment of $1 and other valuable considerations and
the covenants and agreements hereinafter set forth does hereby
lease to the NEIGHBORHOOD HOUSE, portions of the neighborhood
facility property (hereinafter called "neighborhood facility ")
located within the City of Saint Paul, Ramsey County, Minnesota
known as:
179 East Robie Street, Saint Paul, Minnesota 55107
legally described in Exhibit A -1. The Operating Agreement,
including Exhibits A, A -1, A -2, A -3, A -4 and B are incorporated
into this agreement by reference.
2. Term of Agreement. This Agreement shall expire on January
1, 2005. NEIGHBORHOOD HOUSE shall have the right and option to
renew this Agreement with the approval of the CITY for five (5)
successive renewal terms of two (2) years each, upon the
provisions, covenants and conditions of this Agreement and of the
Operating Agreement of , 1995, which is incorporated
herein by reference, or by the terms of the then existing
Operating Agreement in cases of any renewal of this Agreement.
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93_ - /. //
The NEIGHBORHOOD HOUSE'S option to renew shall be exercised by
notice to the CITY in writing at least six (6) months prior to
the termination of the initial term or of the renewal term then
in effect.
3. Use of Premises. The neighborhood facility shall be used to
carry out a program of health, recreation, social or other
community service. No change in the use of the neighborhood
facility to a use other than that permitted under this Agreement
shall be made by NEIGHBORHOOD HOUSE without the prior written
consent of the CITY. Such consent, if given, to be based upon
findings by the CITY that the proposed conversion is in
accordance with the current program of health, recreational,
social or similar community services in the area and is
consistent with comprehensive planning for the development of the
community. NEIGHBORHOOD HOUSE shall not enter into any Lease or
Agreement transferring to any other organization or entity the
control or supervision of its portion of the neighborhood
facility without the prior written consent of the CITY.
The NEIGHBORHOOD HOUSE shall not, on the basis of race, creed,
disability, sex, sexual or affectional orientation, color or
national origin, deny to any person the use, benefits or services
provided by 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 programs or activities.
It is understood that the parties thereto shall together occupy,
operate and maintain the aforesaid neighborhood facility for the
aforesaid purposes and subject to the aforesaid laws, rules and
regulations, and pursuant to the Operating Agreement between the
parties, and the parties agree that they shall not adopt rules,
regulations or practices for the operation of the neighborhood
facility or any part thereof which are discriminatory in nature,
nor shall they or either of them enter into any Lease or other
Agreement respecting the neighborhood facility without
incorporating into such Lease or Agreement provisions which will
insure that the use and occupancy, and the provisions of
neighborhood services and other benefits will be available
without regard to race, creed, color, sex, sexual, disability or
affectional orientation or national origin.
4. Contingent Funding. Continued performance of this agreement
by NEIGHBORHOOD HOUSE is contingent upon continued funding of its
program for the period covered by this Agreement.
5. Basic payment. The basic payment shall be one (1) dollar
per year.
NEIGHBORHOOD HOUSE shall remit basic payments and cost
reimbursements to CITY at the following address:
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6 /5 - -/S - 1
Manager of Recreation
300 CITY Hall Annex
Saint Paul, MN 55102
6. Cost Reimbursement. CITY and NEIGHBORHOOD HOUSE will be
responsible for all costs as provided in the Operating Agreement
which is attached hereto and incorporated herein by reference.
7. Encumbrances, Taxes and Assessments. NEIGHBORHOOD HOUSE
will not voluntarily create, cause or allow to be created any
debt, lien, charge or other encumbrance against the neighborhood
facility. NEIGHBORHOOD HOUSE shall pay and discharge when due,
taxes, assessments or other charges lawfully imposed upon its
leasehold interest in the neighborhood facility or on its
operation therefrom as outlined in the Operating Agreement. The
foregoing shall be subject to the right of the NEIGHBORHOOD HOUSE
to contest any such taxes, assessment or charges, and incident
thereto to withhold payment of the same pending the disposition
of its challenge to the imposition of such tax assessment or
charge.
8. Furnishings and Equipment. The parties covenant, that each
shall provide or cause to be provided at the separate expense of
each, the furnishings and equipment necessary for the effective
operation of the portion of the neighborhood facility operated by
said parties, and each shall maintain such equipment in good
order and repair, including the replacement thereof when
necessary. NEIGHBORHOOD HOUSE shall be entitled to have all of
its property of whatever kind that it may utilize in the
neighborhood facility unless it is a fixture of the structure or
mechanical systems, returned to it upon the termination of this
Agreement.
9. Right of Entry. At all times during the term of this
Agreement, the CITY shall have the right with reasonable notice,
by itself, its._agents and employees, to enter into and upon the
neighborhood facility during reasonable business hours or, in the
event of an emergency, at any time for any legitimate purpose
designed to ensure compliance with this Agreement.
10. Insurance. NEIGHBORHOOD HOUSE shall acquire during the term
of this Agreement the following coverage:
A. NEIGHBORHOOD HOUSE shall be responsible for the self
insurance of, or the acquisition of Commercial Property
Insurance on, its personal property.
B. COMPREHENSIVE GENERAL LIABILITY INSURANCE including
blanket contractual liability coverage, personal injury
liability coverage and broad form property damage liability
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endorsement with a combined single limit of not less than
$600,000 per occurrence shall be purchased by NEIGHBORHOOD
HOUSE. Such insurance shall: (a) name the CITY of Saint
Paul as additional insured; (b) be primary with respect to
CITY'S insurance or self- insurance; (c) not exclude
explosion, collapse and underground property damage; (d) be
written on an "Occurrence" Form policy basis; and (e) not
contain an "aggregate" policy limit unless specifically
approved in writing by CITY.
C. CITY shall acquire and keep in effect during the term of
this agreement Fire and All Risk Insurance and Boiler
Insurance, on the Leased premise. The commercial insurance
premium and risk retention fund premium for said insurance
coverage shall be paid by the CITY and the NEIGHBORHOOD
HOUSE based on the cost distribution percentage as stated in
the Operating Agreement.
D. : WORKERS' COMPENSATION INSURANCE with not less than
statutory minimum limits; and EMPLOYERS' LIABILITY INSURANCE
with minimum limits of at least $100,000 per accident
and with an all states endorsement.
E. NEIGHBORHOOD HOUSE shall supply to CITY current
insurance certificates for policies required in this
agreement. The certificates shall certify whether or not
the agent has errors and omissions insurance coverage.
Nothing in this agreement shall constitute a waiver by the
CITY of any statutory limits or exceptions on liability.
NEIGHBORHOOD HOUSE shall place the insurance with
responsible insurance companies authorized and licensed to
do business in the State of Minnesota, and shall deliver
copies of the policies to CITY on the date of NEIGHBORHOOD
HOUSE'S execution of this Agreement. The policies shall be
endorsed to indicate that the insurer cannot cancel or
change the insurance without first giving the CITY 30 days'
written notice.
Waiver of CITY waives its right of subrogation
for damage to the neighborhood facility, contents therein,
loss of use thereof, and /or loss of income, up to the amount
of insurance proceeds collected. NEIGHBORHOOD HOUSE waives
its right of subrogation for damage to property in the
neighborhood facility, loss of use thereof, loss of income
and /or accounts receivable, up to the amount of the
respective insurance proceeds collected. The parties shall
notify their respective insurance companies, in writing, of
the provisions of this paragraph; and, if either cannot
waive its subrogation rights, such party shall immediately
notify the other party, in writing.
Should NEIGHBORHOOD HOUSE fail to purchase or maintain the
insurance required herein CITY may at its option purchase
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93r
said insurance in the commercial market and NEIGHBORHOOD
HOUSE shall reimburse the CITY for all premiums and costs
whatsoever for said insurance.
11. Fees and Charges. NEIGHBORHOOD HOUSE shall establish fees
and charges to offset costs associated with the operation and
management of the neighborhood facility.
12. Cancellation or Termination. This Agreement shall be
subject to cancellation and termination by either party without
cause at any time during the term hereof by giving the other
party notice in writing at least 365 days in advance of the date
when said termination shall become effective. If NEIGHBORHOOD
HOUSE shall vacate or abandon the neighborhood facility, commit
waste, or permit the same to remain vacant or unoccupied for a
period of 30 days, without agreement of the CITY, or in the event
that NEIGHBORHOOD HOUSE loses it status as a non - profit
corporation, NEIGHBORHOOD HOUSE's rights to possession of the
neighborhood facility immediately shall terminate with or without
any notice or demand whatsoever. The mere retention of
possession thereafter by NEIGHBORHOOD HOUSE shall not constitute
a forcible detainer of said premises.
13. Dispute Resolution. In case of disputes between CITY
and NEIGHBORHOOD HOUSE that do not fall under the terms of
Sections 25, 26, 27, and 28 of this Agreement, which cannot be
resolved through informal processes within 60 days of notice of
said disputes, NEIGHBORHOOD HOUSE and CITY mutually agree to
enter into a two phase dispute resolution process as defined in
Minnesota General Rules of Practice for District Courts 114,
Alternative Dispute Resolution. All mediators or arbitrators
shall be selected mutually from the list of certified persons
maintained by the Minnesota Supreme Court. All decisions of an
arbitrator will be final and binding. In the event that either
party refuses to enter into mediation or either party does not
accept the ruling of the arbitrator this Agreement will be
declared null and void.
Phase 1 - Mediation
The Parties shall enter into mediation and agree to a
mediator within 30 days of notice of intent to enter into
mediation. Each party will pay one half the cost of
mediation. In the event that mediation does not resolve the
dispute within 60 days then the parties mutually agree to
enter into binding arbitration.
Phase 2 - Arbitration
I.
CITY and NEIGHBORHOOD HOUSE understand that they have a
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" 5 -1671/
constitutional right to a trial by jury but waive that
right in favor of binding arbitration.
II.
As soon as possible, the arbitrator shall disclose to
both parties any facts or relationships that could be
construed as a possible conflict of interest for the
arbitrator. After such disclosure, either party may
request the arbitrator to remove them, and a new
arbitrator will be selected by agreement of the
parties. After appointment, there shall be no ex parte
communication, verbal or written, with the arbitrator.
III.
The arbitrator shall be the sole judge of all issues of
law and fact. There can be no appeal from any decision
made by the arbitrator except a claim of fraud or that
the arbitrator violated one of the provisions of this
Agreement.
IV.
All discovery allowed by the Minnesota Rules of Civil
Procedure apply to this proceeding. Either party may
serve interrogatories or make inspections, take
depositions and schedule medical examinations. It is
the intent of the parties to move this matter to
hearing as quickly and as economically as possible.
Any discovery shall be decided by the
arbitrator.
V.
The arbitrator shall have all the powers provided for
in Minn. Stat. Section 572, et seq. In addition, the
arbitrator shall make all appropriate deductions or set
offs from the Award that would have been mandated by
Minnesota'law had this matter been tried by a jury.
VI.
Each party will provide the arbitrator with a copy of
all exhibits he /she intends to introduce, at least one
week prior to the scheduled hearing date. Exhibits
shall be exchanged between the parties prior to their
submission to the arbitrator. Any exhibit objected to
by either party shall not be submitted to the
arbitrator prior to the hearing. That exhibit may be
offered at the hearing, and a ruling on its
admissibility will be made at that time. The parties
agree that all relevant records and reports may be
admitted without regard to the hearsay rule.
VII.
The cost of the arbitrator shall be borne equally by
the parties. The arbitrator has the sole discretion to
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9S- 4(
deny or award costs or pre - judgment interest to either
party.
VIII.
The terms of this Dispute Resolution Agreement and any
resulting Award shall be confidential and will not be
disclosed to any person or entity.
Notwithstanding the foregoing, either party may at its option,
commence a court proceeding and secure a judicial determination
of the dispute without participating in the arbitration process.
14. Notice. All notices herein provided to be given, or that
may be given by either party to the other, shall be deemed to
have been fully given when served personally on CITY or
NEIGHBORHOOD HOUSE, or when made in writing and deposited in the
United States Mail, certified and postage prepaid, and addressed
to NEIGHBORHOOD HOUSE at 179 East Robie Street, Saint Paul,
Minnesota 55107 and to the CITY at the Division of Parks and
Recreation, 300 CITY Hall Annex, Saint Paul, Minnesota 55102.
The address to which the notice shall be mailed may be changed by
written notice given by either party to the other. Nothing
herein shall preclude the giving of such address change notice by
personal service.
15. Assignment and Subletting. NEIGHBORHOOD HOUSE shall not
assign or transfer'its rights or obligations under this
agreement without the written consent of the CITY, which consent
must be obtained prior to the execution of any agreement to sub-
lease the neighborhood facility. NEIGHBORHOOD HOUSE may, by
agreement with other parties, permit such other parties to rent
space from NEIGHBORHOOD HOUSE in order to conduct programs and
activities in =the neighborhood facility. The space will be
scheduled to meet the program needs of NEIGHBORHOOD HOUSE and the
CITY, as well as other public and private agencies and
organizations serving the community. NEIGHBORHOOD HOUSE may
charge a reasonable fee for such use to defray the cost of
operating the community center.
16. Maintenance. CITY and NEIGHBORHOOD HOUSE shall be
responsible for maintenance and housekeeping for their respective
areas as shown in the Operating Agreement and specifically in
exhibits A -2 First Floor, A -3 Second Floor and A -4 Third Floor.
The parties shall mutually conduct an annual inspection of the
facility for the purpose of reviewing the maintenance and
housekeeping practices of the NEIGHBORHOOD HOUSE and City shall,
if the City and NEIGHBORHOOD HOUSE determine it to be necessary,
make necessary changes in the execution of those tasks to ensure
the property is well maintained, clean, in good repair and in
compliance with applicable statutes, ordinances, codes and
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regulations. The inspection shall include, but not be limited to,
such items as:
a. housekeeping standards and cleaning frequency of floors
(cleaning, stripping, waxing), window cleaning, carpet
vacuuming and cleaning, cleaning, trash and recycling waste
removal, preventive and routine maintenance on the building
systems, including heating, ventilation, air - conditioning,
plumbing, sprinkler systems, electrical, telephone and
data /video wiring.
b. minor repair and /or replacements of architectural
components. Such as, carpeting, non - carpet flooring,
painting, wallpaper,- tile, ceiling tiles, window covers,
cabinets, counters, etc.
If, in the annual inspection, any aspect of the maintenance and
housekeeping is in dispute as to the requirement of corrective
action, dispute will be resolved through the process
contained in Section 13 of this Agreement.
The CITY retains the right to enter the premises, without notice,
in order to make any necessary emergency repairs or maintenance.
NEIGHBORHOOD HOUSE agrees to reimburse CITY for the costs of any
such, repairs, or maintenance that were necessitated by
NEIGHBORHOOD HOUSE's failure to repair or maintain the premises
to the extent required of NEIGHBORHOOD HOUSE by this agreement.
The parties each agree that they shall not permit, commit, or
suffer waste or impairment of the neighborhood facility, its site
or any replacement or part thereof.
NEIGHBORHOOD HOUSE shall yield the neighborhood facility back to
the CITY upon the termination of this Agreement or any extension
thereof, whether such termination shall occur by expiration of
time or in any other manner whatsoever, in the same condition of
cleanliness, repair and sightliness as at the date of execution
hereof, normal, wear and tear excepted.
17. Costs for Maior Repairs or Replacements. CITY and
NEIGHBORHOOD HOUSE shall be responsible for major repairs or
replacements in conformance with the terms of the Operating
Agreement.
18. Alterations. NEIGHBORHOOD HOUSE will not make any altera-
tions to the premises without the written consent of the CITY,
such consent not to be unreasonably withheld. Alterations to the
premises is defined as modifications of fixed or permanent
conditions in the facility such as walls, doors, floors, windows,
ceilings, electrical systems, mechanical systems and
communication systems. If NEIGHBORHOOD HOUSE desires to make any
such alterations, an accurate description shall first be
submitted to for approval and consent by the CITY and such alter-
ations shall be done by NEIGHBORHOOD HOUSE at its own expense.
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Any improvements made to the CENTER at NEIGHBORHOOD HOUSE'S
expense shall become the property of the CITY at the end of the
Agreement term. CITY and NEIGHBORHOOD HOUSE agree that all
alterations will be done in a workmanlike manner and in
conformance with applicable building codes, that the structural
integrity and building systems of the CENTER will not be
impaired.
19. Personnel. CITY and NEIGHBORHOOD HOUSE shall bear all costs
and responsibility for operation of their respective programs and
personnel administering their respective programs. NEIGHBORHOOD
HOUSE personnel are not employees or agents of the CITY.
20. Surrender of Premises. NEIGHBORHOOD HOUSE, at the
expiration of this Agreement, or any sooner termination of this
Agreement, shall quit peacefully and surrender possession of said
property and its appurtenances to CITY.
21. Indemnity. NEIGHBORHOOD HOUSE agrees to indemnify, defend,
save and hold harmless the CITY of Saint Paul and any agents,
officers and employees thereof from all claims, demands, actions
or causes of action of whatsoever nature or character, arising
out of or the use or condition of the neighborhood facility, or
as result of the operations undertaken by NEIGHBORHOOD HOUSE at
or business activities taking place on the neighborhood facility.
22. Holdover. Any holdover by NEIGHBORHOOD HOUSE after the
expiration of the term of this Agreement shall be deemed to be a
tenancy only from month -to- month. All other terms and conditions
of this Agreement shall be applicable.
23. Pollution' and Contaminants. CITY and NEIGHBORHOOD HOUSE
agree to comply with all ordinances, laws, rules and regulations
enacted by any`governmental body or agency relating to the
control, abatement or emission of air and water contaminants and
the disposal of refuse, solid wastes or liquid wastes.
For the NEIGHBORHOOD HOUSE managed portion of the neighborhood
facility, NEIGHBORHOOD HOUSE shall bear all costs and expenses
except for those agreed in Paragraph 17 to be borne by the CITY,
arising from compliance with said ordinances, laws, rules, or
regulations and shall indemnify, defend, save and hold harmless
CITY from all liability, including without limitation, fines,
forfeitures, and penalties arising from the failure by
NEIGHBORHOOD HOUSE to comply with its obligations under the
immediately preceding sentence. CITY shall the right to perform
cleanup and charge NEIGHBORHOOD HOUSE for such costs after ten
days written notice.
For the CITY managed portion of the neighborhood facility, CITY
9 Draft 21
shall bear all costs and expenses, except for those agreed in
Paragraph 17 to be borne by the NEIGHBORHOOD HOUSE, arising from
compliance with said ordinances, laws, rules or regulations and
shall indemnify, defend, save and hold harmless NEIGHBORHOOD
HOUSE from all liability, including without limitation, fines,
forfeitures and penalties arising from the failure by CITY to
comply with its obligations under the immediately preceding
sentence.
24. Controlling Agreement. In the event there is any prior
existing contract or other agreement between CITY and
NEIGHBORHOOD HOUSE (or its predecessor in interest) covering the
subject property, it is agreed and understood that this Agreement
shall cancel and terminate any prior contracts or agreements as
of the effective date of this Agreement.
25. Destruction. In the event of damage to or destruction of
the neighborhood facility or in the event the premises becomes
untenantable or unfit for occupancy due to such damage during the
term of this Agreement, CITY may at its option:
A. terminate the Agreement upon fifteen (15) days' written
notice to NEIGHBORHOOD HOUSE; or
B. within fifteen (15) days agree to restore the premises
within a reasonable time period following the casualty.
26. Events of Default. The occurrence of any of the following
events during the term of this Agreement shall constitute an
event of default by NEIGHBORHOOD HOUSE:
A. the filing of a petition to have NEIGHBORHOOD HOUSE
adjudicated bankrupt or a petition for reorganization or
arrangement under any laws of the United States relating to
bankruptcy filed by NEIGHBORHOOD HOUSE;
B. in the event a petition to have NEIGHBORHOOD HOUSE
adjudicated bankrupt is filed against NEIGHBORHOOD HOUSE,
the failure to dismiss such within ninety (90) days
from the date of such filing;
C. the assets of NEIGHBORHOOD HOUSE or of the business
conducted by NEIGHBORHOOD HOUSE on the neighborhood facility
be assumed by any trustee or other person pursuant to any
judicial proceedings;
D. NEIGHBORHOOD HOUSE makes any assignment for the benefit
of creditors;
E. the failure by NEIGHBORHOOD HOUSE to timely pay costs as
required by this Agreement;
10 Draft 21
F. the failure by NEIGHBORHOOD HOUSE to purchase or
maintain the insurance coverage required by this Agreement;
G. the failure by NEIGHBORHOOD HOUSE or its surety to
discharge, satisfy or release any lien or lien statement
filed or recorded against the neighborhood facility within
sixty days after the date of such filing or recording,
whichever date is earlier if NEIGHBORHOOD HOUSE is liable
for the lien.
H. the failure to perform the duties and responsibilities
contained in the Operating Agreement.
It is an express covenant and agreement of NEIGHBORHOOD HOUSE and
CITY that CITY may, at its election, terminate this Agreement in
the event of the occurrence of any of the events described in
this Article or in the Article relating to liens by giving not
less than thirty days' written notice to NEIGHBORHOOD HOUSE; and
when so terminated, CITY may reenter the neighborhood facility.
This Agreement and its neighborhood facility shall not be treated -
as an asset of NEIGHBORHOOD HOUSE'S estate. It is further
expressly understood and agreed that CITY shall be entitled upon
such reentry, notwithstanding any other provision of this
Agreement, to exercise such rights and remedies as are provided
in this Agreement.
27. Default Remedies. In the event an Event of Default occurs
under paragraph 25; 26 or 28 of this Agreement, CITY may exercise
any one or more of the following remedies without being required
to enter into the dispute resolution process contained in this
Agreement:
A. terminate this Agreement, exclude NEIGHBORHOOD HOUSE
from possession of the neighborhood facility, and use its
best efforts to lease the neighborhood facility to or enter
into an agreement with another agency in accordance with ap-
plicable law;
B. exercise any remedies available to it under the
Minnesota' Uniform Commercial Code;
C. take whatever action at law or in equity may appear
necessary or appropriate to collect the basic costs and cost
reimbursement then due and thereafter to become due, or to
enforce performance and observance of any obligation, agree-
ment or covenant of NEIGHBORHOOD HOUSE under this Agreement.
No remedy herein conferred 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
Agreement or now or thereafter existing at law or in equity
by statute. No delay or omission to exercise any such right
or power accruing upon any default shall impair any such
11 Draft 21
‘ ic-/57/i
right or power or shall be construed to be a waiver thereof,
but any such right and power may be exercised from time to
time and as often as may be deemed expedient. In order to
entitle 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.
28. Default of Payment. Should NEIGHBORHOOD HOUSE default on
any payment owing and due to be paid to CITY as provided in this
Agreement, including but not limited to basic costs and expenses
incurred in complying with the Operating Agreement then the
remaining unpaid balance shall, at the option of the CITY, immed-
iately become due. NEIGHBORHOOD HOUSE further agrees that the
CITY may, at its option and without notice to NEIGHBORHOOD HOUSE,
enter judgment against NEIGHBORHOOD HOUSE in Ramsey County
District Court for the amount of the unpaid balance, and
NEIGHBORHOOD HOUSE does hereby confess judgment in the amount of
the unpaid balance due upon default, and does authorize the CITY
to enter judgment as provided above. The CITY, at its option,
may enter a judgment with notice, at any time within one year of
the time the last payment shall have come due, for the full
amount of the unpaid balance due pursuant to the confession of
judgment provided herein.
29. Payments in Case of Default. NEIGHBORHOOD HOUSE shall pay
CITY all costs and including reasonable attorney's fees
in any action brought by CITY to recover any rent due and unpaid
hereunder, or for the breach or default of any of the covenants
or agreements contained in this Agreement, or to recover
possession of said property, whether such action progresses to
judgment or not, if the city prevails.
30. Compliance with Laws. The property described herein may be
used for only the purposes stated herein. It is the sole and
exclusive responsibility of NEIGHBORHOOD HOUSE in the use of the
property to comply with all laws, rules, regulations or
ordinances imposed by any jurisdiction affecting the use to which
the property is proposed to be put. Inability or failure by
NEIGHBORHOOD HOUSE to comply with any of said laws, rules,
regulations or ordinances will not relieve NEIGHBORHOOD HOUSE of
the obligation to pay the costs provided herein. The CITY shall
comply with all laws, rules, regulations or ordinances imposed by
any jurisdiction affecting conduct on the property, and shall
allow no violation of such laws, rules, regulations or ordinances
by its agents or employees or by other tenants.
31. Non - Discrimination. CITY and NEIGHBORHOOD HOUSE for itself,
its personal representatives, successors in interest and assigns,
as a part of the consideration hereof, does hereby covenant and
agree, that:
12 Draft 21
A. no person, on the basis of race, sex, sexual or
affectional orientation, color, creed, religion, age,
disability, marital status, status with respect to public
assistance or national origin or ancestry shall be excluded
from participating in, be denied the benefits of or be
otherwise subjected to discrimination in the use of said
neighborhood facility;
B. that in connection with the construction of any improve-
ments on said neighborhood facility and lands and the
furnishing of services thereon, no discrimination shall be
practiced in the selection of employees and contractors, by
contractors in the selection and retention of first tier
subcontractors, and by first -tier subcontractors in the
selection and retention of second -tier subcontractors;
C. that such discrimination 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 neighborhood facility; and
D. that NEIGHBORHOOD HOUSE shall use the neighborhood
facility in compliance with all other requirements imposed
pursuant to the Saint Paul Legislative Code Chapter 183.
32. Liens. NEIGHBORHOOD HOUSE shall not permit mechanic's liens
or other liens to be filed or established or to remain against
the neighborhood facility for labor, materials or services
furnished in connection with any additions, modifications,
improvements, repairs, renewals or replacements made to the
neighborhood facility at the request of NEIGHBORHOOD HOUSE;
provided that if NEIGHBORHOOD HOUSE shall first notify the CITY
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 credit
acceptable to the CITY equal to the amount of the claim of lien,
NEIGHBORHOOD HOUSE may in good faith contest any such claims or
mechanic's or other liens filed or established and in such event
may permit the._items contested to remain undischarged and
unsatisfied during the period of such contest. If, in the
opinion of the CITY, the nonpayment of any such items subjects
the neighborhood facility to any loss or forfeiture, the CITY may
require NEIGHBORHOOD HOUSE to use said escrow account to promptly
pay all such unpaid items and if NEIGHBORHOOD HOUSE fails to pay
from said escrow account, the CITY may pay and charge
NEIGHBORHOOD HOUSE.
33. Eminent Domain. In the event the entire neighborhood
facility is taken by eminent domain, or such portion thereof is
so taken that in NEIGHBORHOOD HOUSE'S reasonable judgement it is
uneconomic thereafter to restore the neighborhood facility and
proceed under the terms and provisions of this Agreement,
NEIGHBORHOOD HOUSE may terminate this Agreement by giving to CITY
13 Draft 21
- * i . C11
thirty days' written notice of termination, effective as of the
date on which the condemning authority acquires legal title or
physical possession of the neighborhood facility.
NEIGHBORHOOD HOUSE, in compensation for the loss of its leasehold
interest, shall receive its proportionate share of the
Condemnation Award based on the percentage of its capital
contribution to the value of capital assets thereby condemned.
If, for example, the NEIGHBORHOOD HOUSE contribution for existing
capital improvements, via the United Way Agency and other funds
secured by NEIGHBORHOOD HOUSE, amounted to one third of the value
of the real property, the CITY would reimburse NEIGHBORHOOD HOUSE
one -third of the Condemnation Award.
NEIGHBORHOOD HOUSE may to the extent otherwise permitted in the
eminent domain proceeding, remove its own furnishings and
equipment at its own expense. NEIGHBORHOOD HOUSE further
reserves its rights to seek from the condemning authority such
relocation benefits as may be provided by law. NEIGHBORHOOD
HOUSE hereby waives and releases all other claims to or share in
the Award of Compensation for the taking, notwithstanding any
other provision of law, this Agreement or any other agreement.
34. Reports, Records and Other Documents. NEIGHBORHOOD HOUSE
shall furnish the CITY with an annual report within thirty days
(30) days after it's annual meeting setting forth a general
financial accounting of the operation of the neighborhood
facility, and without limiting the generality of the foregoing,
such report shall include:
(a) The names of the officers and directors of its governing body
and the principal administrative staff officers operating within
the neighborhood facility;
(b) A statement of the nature and extent of the activities and
programs carried out during the preceding year; and a summary of
client evaluations of said services;
(c) A statement of revenues and expenditures, if any.
(d) A report about all subleases and the programs they offer.
NEIGHBORHOOD HOUSE shall further submit to the CITY such other
and additional data, reports and copies of records and documents
relating to its operations of the neighborhood facility as the
CITY may reasonably require. Such data, reports, and copies of
records and documents shall, upon submission, become the property
of the CITY.
35. Agreement Administrators. The Agreement Administrator for
the CITY is the Superintendent of Parks and Recreation or such
other person designated by the CITY. The Agreement Administrator
for NEIGHBORHOOD HOUSE is its Executive Director.
14 Draft 23.
95- /3 //
36. Agenda. By October 31st each year, CITY and NEIGHBORHOOD
HOUSE will mutually supply each other with an agenda of programs
and services which they expect to conduct during the next
calendar year, and the partner may, in writing, provide
suggestions for additional program content and /or modification.
37. Severability. In the event any provision of this Agreement
is deemed unconstitutional, illegal or void as a matter of law,
the parties agree that all of the provisions of this Agreement
which are not affected by such an occurrence shall constitute a
full and complete Agreement between the parties.
38. Amendment of Agreement. This Agreement may be amended upon
the mutual agreement of CITY and NEIGHBORHOOD HOUSE. All
amendments shall be in writing and effective upon execution of
duly qualified officers of CITY and NEIGHBORHOOD HOUSE.
This document contains the entire Agreement between the parties. _
The terms of this Agreement are contractual and not a mere
recital. No promise, inducement or representation other than
what is set forth in this Agreement has been made, offered or
agreed upon by either party. The undersigned parties have fully
read the foregoing Agreement in its entirety, have been fully
advised by their counsel, know and understand the contents and
sign the same as their free act and deed.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year in this Agreement first above - written.
For EIGHBORHOOD HOUSE For CITY OF SAINT PAUL
N--..".__LA„ CObIla_________ 9/4, SLIM
Bo rd Chair Mayor
_ 7 , 1 „. _ _ /
i i'
."--- 4 1 42.41.14/eledfr"------
Executive Director - City Clerk
64-a_g„..,0,
Director, Finance and
Manage.- ervices
Approved as to form
/ ilk
'&0J/rt.. _ .' 4- (76 Ad -1! j - 441 -r-t.A.,—
Assist. t amity Attorney Superintendent, Parks and
Recreation
15 Draft 21
OPERATING AGREEMENT
BETWEEN THE
CITY OF SAINT PAUL
AND
THE NEIGHBORHOOD HOUSE ASSOCIATION
AGREEMENT made this 1st day of January, 1995 by and between the
CITY OF SAINT PAUL, a municipal corporation and political
subdivision of the State of Minnesota, hereinafter referred to as
"CITY" and THE NEIGHBORHOOD HOUSE ASSOCIATION, a non - profit
corporation of the State of Minnesota, hereinafter referred to as
•
"NEIGHBORHOOD HOUSE ".
WHEREAS, the parties hereto have entered into a Agreement for
portions of a neighborhood facility located at 179 East Robie
Street, Saint Paul, Minnesota, 55107, and the parties desire to
record the Operating Agreement under which the aforesaid
neighborhood facility will be occupied and services provided for
the community; Now, therefore,
IT IS AGREED, by and between the parties hereto that the
provisions hereinafter set forth shall apply and control in
respect to all operations by the parties hereto, or others under
agreement with them, conducted to, at or from the neighborhood
facility from the date of occupancy by the NEIGHBORHOOD HOUSE of
portions of said facility under agreement from the CITY and
continuing so`long as such occupancy continues under said
Agreement or under said Agreement as renewed or extended.
(1) Physical Control Over the Facility.
As designated in the underlying Agreement, the floor space
constituting the neighborhood facility shall include (a) floor
space under lease to and under the overall operating control of
NEIGHBORHOOD HOUSE and (b) floor space reserved by the CITY for
its separate operations and held by it under its overall
operating control as illustrated in Exhibits A, Al, A2, A3 and
A4.
The CITY and NEIGHBORHOOD HOUSE may each permit to the other use
of the portions of the neighborhood facility under their separate
overall control, consistent with their separate programs and
without charge or fee as specified in Exhibits A, Al, A2, A3 and
A4.
1 Draft 21
9:5
(2) Financial Responsibility.
All costs involved in the use, operation, maintenance, repair and
management, and for all utility charges of the neighborhood
facility shall be shared by the parties, which schedule may from
time to time be amended, pending approval from both parties, to
reflect change in use of the facility by the parties. The
proportionate sharing by the parties in said costs shall be
reviewed every eighteen (18) months or as often as mutually
agreed by the parties, and be revised to reflect the actual use
by each party of the facility averaged over such time. For
purposes of budgeting, the parties shall estimate said costs of
the facility for the coming fiscal and accounting year.
The CITY and NEIGHBORHOOD HOUSE shall participate in the costs of
maintaining and operating facility as follows:
Major Repairs or Replacements, including:
The replacement, renovation, retrofitting or non - routine repair
of the structural parts and /or service system components of a
building, and the man -made components of an improved site but not
including discretionary enhancements, improvements or additions.
Structural parts include footings and foundations; beams, joists,
columns; load bearing walls, exterior walls and facade (excluding
glass); stairs, floors, decks, ramps, ceilings; roofs and
roofing. Service system components include plumbing, electrical,
jointly used communications, heating, ventilating, air
conditioning, security systems and elevators; utility mains.
Site components include retaining walls, lighting affixed to the
building, stairs, ramps, sidewalks, railings, drainage
structures, and erosion control. The Lessor shall be responsible
for the work or make arrangements for the work to be completed
except in emergencies.
The CITY will be responsible for all repairs to the CITY managed
portion. The for major repairs or replacements of the
NEIGHBORHOOD HOUSE managed portion shall be distributed as
follows: (a) NEIGHBORHOOD HOUSE shall contribute an amount equal
to the CITY expenditure for major repairs or replacements to the
NEIGHBORHOOD HOUSE managed portion subject to the annual
limitations set forth below: (b) In no event shall the
NEIGHBORHOOD HOUSE contribute more than $5,000.00 per year for
major repairs or replacements to the NEIGHBORHOOD HOUSE managed
portion which occurred during the same year; (c) The portion of
the $5,000.00 annual contribution which is unused shall accrue
from year to year during the term of this lease. The annual
contribution of the NEIGHBORHOOD HOUSE for major repairs or
replacements may exceed $5,000.00 per year only to the
extent that there is an accrued contribution balance from
previous years.
2 Draft 21
95 - / 5 1/
Utilities, as defined in the lease
CITY Share 35 % NEIGHBORHOOD HOUSE Share 65 %
Assessments, including: sewer, street repair and maintenance
CITY Share 35 % NEIGHBORHOOD HOUSE Share 65 %
Routine Building and Grounds Maintenance
CITY Responsibility - Exterior grounds maintenance including all
grass cutting and perimeter snow plowing and CITY - controlled
space within the building including external lighting.
NEIGHBORHOOD HOUSE Responsibility - NEIGHBORHOOD
HOUSE - controlled space and including driveway and parking lot
along the north and east sides of the building, and CITY -
controlled space when used by NEIGHBORHOOD HOUSE.
The responsibilities of the parties are graphically indicated in
the attached Exhibit B.
Boiler and Electrical Rooms
CITY and NEIGHBORHOOD HOUSE shall each pay 50% of the costs
attributed to the maintenance and repair of all boiler and
electrical rooms and equipment.
Billing
Expenses /Costs for the items contained in this OPERATING
AGREEMENT will be billed on a quarterly basis by the CITY or
NEIGHBORHOOD HOUSE, depending on which organization receives the
bill or invoice, except for utility costs, which may be billed
monthly.
(3) Rules and Regulations.
CITY and NEIGHBORHOOD HOUSE shall mutually establish rules and
regulations for the use of space within the neighborhood
facility. Rule and regulations shall be posted throughout the
facility so as to advise the public. The rules and regulations
may from time to time be mutually amended by the parties. The
CITY's existing rules and regulations as established by ordinance
or city operational policy shall prevail in any matter that is
not covered by rule. Provided such rules have been presented to
NEIGHBORHOOD HOUSE, discussions have taken place and the parties
have mutually agreed to the observance of these rules.
3 Draft 21
'1$ /5/1
(4) Amendment to Operating Agreement.
The parties 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. Exhibits may be
amended as needed upon filing a copy of the exhibits signed by
both parties, with the Department of Finance and Management
Services. All requests for amendments and all amendments shall
be in writing. All decisions regarding amendments will be made
within 90 days. This Operating Agreement may be amended either
by Administrative Order, if the effect of the amendment will be
for 1 year or less, or otherwise by Council Resolution.
For NEIGHBORHOOD HOUSE For CITY OF SAINT PAUL
\
-- 24 4 5 ./4
rd Chair Mayor
Ilik
Executive Director Ci ' Clerk
IP AO
�.�
Director, Financ'
and Management Services
Approved as to form
A.A :� .._►5 �� 4 ,
Assistan C •yAttorney Superintendent, Parks and
V Recreation
4 Draft 21
EXHIBIT A
OPERATING AGREEMENT
BETWEEN THE
CITY OF SAINT PAUL
AND
THE NEIGHBORHOOD HOUSE ASSOCIATION
Site Description - A -1
Site Use
The site shall be used according to the attached schematic
drawings.
A -2 - First Floor
A -3 - Second Floor
A -4 - Third Floor
SPECIAL CONSIDERATIONS
Storage Space - City shall have exclusive use of Storage Room A.
NEIGHBORHOOD HOUSE shall have exclusive use of Storage Room B.
NEIGHBORHOOD HOUSE and CITY shall share Storage Room C.
Gym
1. NEIGHBORHOOD HOUSE should have guaranteed exclusive use of gym
during the school year during the hours of 7:00 a.m. to 3:00 p.m.
Monday through Friday. During that period CITY shall have first
priority after NEIGHBORHOOD HOUSE.
2. CITY shall have exclusive use of the gym starting at 3:00 p.m.
Monday through Friday and all day on weekends. NEIGHBORHOOD HOUSE
shall have first priority after the CITY.
3. NEIGHBORHOOD HOUSE shall have exclusive use of the gym one
evening per month from 3:00 p.m. to 10:00 p.m. CITY shall have
exclusive use of gym one day per month during the school year from
7:00 a.m. to 3:00 p.m. These uses shall be determined at the
quarterly joint staff meetings.
Draft 4 7 -13-94
( iS7`tc)/
4. NEIGHBORHOOD HOUSE shall have exclusive use of the gym from 7 :00
a.m. to 10:00 a.m. Monday through Friday during the months of June,
July and August. During that period, from 10:00 a.m. to 3:00 p.m.
the gym shall be shared between NEIGHBORHOOD HOUSE and the CITY
with prior written notification from the CITY to NEIGHBORHOOD
HOUSE. In the event of inclement weather notification can be made
daily.
Teaching Kitchen - NEIGHBORHOOD HOUSE shall have exclusive use of
the Teaching Kitchen Monday through Friday from 7:00 a.m. to 9:00
p.m. 2.5 days per week. This use shall be determined at the
quarterly joint staff meetings.
CITY Space 11,060 sq. ft. 30 %
NEIGHBORHOOD HOUSE Space 26,326 sq. ft. 70
Total 37,388 sq. ft.
Droll17 -1 -94
•
9
A -1
All the parts of:
Lots 4, 5, 6 & 7 of Block 15 of Bell's Addition to West St. Paul,
and of the Southeasterly 1/2 of State Street adjacent to said Lots
5 & 6 that is encompassed by a line described as follows:
Beginning at the Southeasterly corner of said Lot 6, thence North
64 degrees - 44' West along the Southwesterly line of Lot 6
extended for 80.00 feet to a point on the center line of State
Street, thence North 26 degrees - 08' East along the center line of
State Street for 220.00 feet, thence South 64 degrees - 45' - 20"
East, parallel to the Northeasterly line of said Lots 4 & 5, for
75.00 feet, thence North 26 degrees - 08' East for 45.0 feet, to a
point that is 8.0 feet from the Northeasterly line of said Lot 5,
thence South 64 degrees - 45' - 20" East for 40.0 feet, thence
South 26 degrees - 08' West for 128.52 feet to the Southwesterly
line of said Lot 4, thence North 64 degrees - 44' - 40" West along
the Southwesterly line of Lot 4 for 25.0 feet, thence South 26
degrees - 08' West for 136.52 feet, to the Southwesterly line of
Lot 7, thence North 64 degrees - 44' West for 10.0 feet to the
point of beginning: Subject to an easement over that part thereof
that is encompassed by a line described as follows: Commencing at
the Southwesterly corner of Lot 7 of Block 15 of Bells Addition,
thence South 64 degrees - 44' East along the Southwesterly line of
Lot 7 for 5.0 feet to the point of beginning of the line to be
described; thence North 26 degrees - 08' East for 220.03 feet,
thence North 64 degrees - 45' - 20" West for 10.0 feet thence North
26 degrees - 08' East for 45.0 feet, thence South 64 degrees - 45'
- 20" East for 40.0 feet, thence South 26 degrees - 08' West for
128.52 feet, thence North 64 degrees - 44' - 40" West for 25.0
feet, thence South 26 degrees - 08' West for 136.52 feet, thence
North 64 degrees - 44' West for 5.0 feet to the point of the
beginning; and also
All that part of the Northwesterly 1/2 of State Street adjacent to
Block 69 of West St. Paul Proper that is encompassed by a line
described as follows: Commencing at the Southwesterly corner of
Block 15 of Bells Addition, thence North 64 degrees - 44' West,
along the Southwesterly line of said Block 15 extended, for 30.00
feet, to the center line of State Street, said point being the
point of beginning of the line to be described, thence continuing
North 64 degrees - 44 ' West for 30.00 feet to the Southeasterly
line of said Block 69, thence North 26 degrees - 08' East, along
the Southeasterly line of said Block 69 for 219.99 feet, thence
South 64 degrees - 45' - 20" East, parallel to the Northeasterly
line of said Block 15, for 30.00 feet to the center line of State
Street, thence South 26 degrees - 08' West, along said center line,
for 220.00 feet to the point of beginning.
Drill 4 7 -13-94
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