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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. Draft 21 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: 2 Draft 21 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 3 Draft 21 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 4 Draft 21 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 5 Draft 21 " 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 6 Draft 21 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 7 Draft 21 gr'"/C 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. 8 Draft 21 ;Ts - s// 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. 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