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97-134����SfY�� RESOLUTION CITY OF SAWT PAUL, MINNESOTA Presented By Referred to Committee: Date 1 RESOLUTION DIRECTING THE DIVISIQN OF PARKS AND RECREATION TO 2 AMEND THE JUNE 27, 1978 LEASE AND JOINT USE OPERATING AGREEMENT 3 BETWEEN THE CITY OF SAINT PAUL AND SAINT PAUL PUBLIC SCHOOLS FOR 4 GROVELAND RECREATIQN CENTER. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 WHEREAS, Saint Paul Public Schools is the owner of certain property known as the Groveland Park Elementary School site which is located within the corporate limits of the City of Saint Pau1, and WHEREAS, The Ci�� of Saint Paul currently leases a portion of said Groveland site, legally described as " the north 118.3 feet of Lots 1, 2 and 3 Block 7 of Underwood's Third Addition ", for City's Groveland Recreastion Center Building, and WHEREAS, The City desires to lease additional land contiguous to the currently leased area, legally described as " that part of vacated Kenneth Street accruing to Lot 1 Block 7 Underwood's Third Addition ", for construction of an addition to City,s Groveland Recreation Center Building, and WHEREAS, The City has approved funding for said building project and desires to amend THE LEASE AND JOINT USE OPERATING AGREEMENT to enable the project to proceed, council File # � � - � 3'`� Green sheet # 3 � � \.9 ' L r:� • 21 22 23 24 NOW, THEREFORE BE IT RESOLVED, that the Council of the City ��, u t of Saint Pau1 directs the proper City officials to enter into an amendment to the June 27, 1978 LEASE AND OPERATING AGREEMENT with Saint Paul Public Schools for the Groveland site. oR����AL Requested by: Adopted by Council: Date ��q Adoption Certified by Council Secretary BY 1- � rr—��. Approved by M� Date: Z�� �`�� BY: ✓ liri` W�4 l/'� Division f Parks Recreatiot By:; � -� .r �'PP Approval Recommend,�d 7�y Budget Dire or: E� � �. By: Form Approved by City�orney i, BY � �L1-tGG� � � •v-a.i / Approved by Mayor fo�r Submission to Counc`�Y _ c ( � 2 � v J I/3A $y: IlfO� � `�Z-13� • � � � � �i �� �- � � � This Amendment, made and e�tered into this day of , 1996, is made in accordance with the provisions of item 22 of the June 27, 1978 I.ease and Joint Use Operating Ageement, hereinafter known as the "Agreement," by and between the City of Saint Paul, a municipai corporation organized and existing under the laws of the State of Minnesota, hereinafter refened to as "City" and Independent School District No. 625, existing pursuant to Laws 1965, Chapter 705, as amended, and hereinafter refened to as "DistricY' said Agreement to provide for City's lease of District's land and construction and operation of improvements to said land at District's Groveland Park Elementary School. WITNESSETH: The City and DistricY agree that all provisions of the Agreement shall remain in force with the following amended provisions: 1. The City desires to lease an additional portion of the Groveland Park Elementary School site. The District does herewith demise, lease and let unto the City, in consideration of a payment of one (1) dollar and the performance of all oiher provisions of this Agreement, for a term of twenty-rivo (22) years, eapiring June 27, 2018, additional property at the Groveland Park Elementary School as shown on E�ibit C attached hereto and legally described as "that part of vacated Kenneth Street accruing to Lot 1, Block 7, Underwood's Third Addition" which together with the Buiiding Addition and improvements constructed thereon, shall hereinafter be known as "Additional Preauses". 2. The City herewith covenants and agrees that it will use the Additional Premises for the erection and construction of an addition to the existing City's recreation building at ffie Groveland Park Elementary School. All costs associated with the construction of said addition shall be bome by the City. 3. The City shall indemnify and save ffie District harmless from any and all claims of whatever kind that may arise from the Ciry's construction of the improvements. It shall further be required that during construction the Ciry require its conttactor(s) to insure against all liability created as a result of said construction and that the District be named in the insurance and performance bond documents as additional insured. 4. Clause No. 1(page 2 in the originai agreement) is modified as follows (underiined): 1. The District shali have access to and exclusive use of its facilities, its grounds and access to the City's buiiding addition and grounds, except the Additionai Premises and the Recreation Center Director's office. during the rewlar no�nal school hours of the school�ear. This shail be extended to include the use of its facility and grounds by the District for such special education activities that occur after the regular normal school hours or school year (such as Parent Teacher Student Association, summer school and other programs). .,.� `�` `lrZ -\�'{ The District shall also have access to the use of the City's Building Addition and grounds by application for permit and approval by and through the City's Permit process. 5. Clause No. 2(pages 2-3 in the original Agreement) is modified as follows: 2. The Citv shall have access to and exclusive use of the City's Additional Premises Sunda�thrc�ugh Saturda�from 6•00 a m to 1U:00 p.m. vear round. The City shall have access to and �clusive use of the City's Building Addition and grounds, and access w the School DistricYs building and grounds, Monday through Friday from the end of the school day to 10 p.m. throughout the school y�r and from 9 a.m. to 10 p.m. on Holidays, Saturday, Sunday, Winter Break, Spring Break, and during summer vacation. The City shall also have access to use of the DistricYs school building and grounds by application for pernut and approval by and through the DistricYs Permit Office. Said permit will idenfify the spaces authorized for use, the term and conditions based on the Board of Education's curnnt policy for nse of school facilities by community organizations. The District shall, after the City's activities have been satisfied, have first priority in ffie use of the City's Building Addition. 6. All references to City's Building Addition and grounds in the Agreement shall include the Additional Premises. Il3 WITNFSS WE�REOF, the parries have caused this Amendment to be executed the day and year first above-written. APPR�VED AS TO FORM: o �: Assistant i Attorney APPROVED AS TO FORM: CTTY OF SAIlVT PAUL By. � Director, Department of � Finance and Management Services U� � Superintendent o Pazks and Recreation By: �� � � Mayor or Mayor's Assistant INDEPENDENT SCHOOL DISTRICT NO. 625 By District General Counsel .__ _. _ Mp__ ���� 9�-1�u � DEPAq7MENT/OFFICFJCOUNCIL pATE1NITIATED GREEN SHEE 1 � 361 19 Parks & Recreation iNiTi�wAr� - - iNmumnr� CONTAGT PEWSON 8 PHONE � DEPAHTMEM D�RECTOfl � CITY CAUNCIL Vince Gi11es ie 266-6408 ��"' � cmarroeNer O CIfYCLERK NUYBER WR MUST BE ON COUNCIL AGENOA BY (DATE) R��� DGET DIRECT � FlN. & MGT. SERVI(�S DIP. �' 1 a^ �� oxoEa navoa toa nssiss � 8R TOTAI # OF SIGNATURE PAGES (CUP ALL LOCA710NS FOR SIGNATURE) ACiION flEIXlE5fED: Approve an amendment to the joint use agreement with Saint Paul Public Schools for the Groveland Recreation Center bnilding addition. RECOMMENOAA710NS: approve (aI a Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWEH TXE . UESTIONS: _ PLANNING COMMISSION _ CML SERVICE COMMISSION �� Has ihis persoMirm ever wmketl untler a contract fm Mis . � _ q8 COMMrTfEE _ YES NO 11 A�� z. Has this persoMfirtn eve[been a cRyemployee? Ll�� �� ��Yl� — — YES NO a _ DlSttiICT COUH7 _ - 3. Ooes this persoNfirm po5sess a skill not Mrmally tl by dm/ curte�t � cily employee. SUVPORTS WNICN COUNCIL OBJECTIVEI Yes No ���`J QF�!C'E Expisin all yes answero on seperate sheet antl attacb to green sheet INfT1ATING PflQBLEM. 15SUE, OPPORTUNITY (Who. What. When. Where. Why): The City and School District have a joint use agreement for the facility, an amendment to the agreement is required so that a new �1���1}can be constructed. JAN 09 1��7 ��� ADVANTACaES IF APPROVED: . . Construction of the addition wi11 be approved by the 5aint Pau1 Public Schools. � � ��C����� DiSAWANTAGE5IFAPPRWED. , ' - � • ����� �,��� � � DEC 12 19�& None ���:;r�;� �.,�.,.., � �- ��ro. �t;c� � �� ���a CITY �� R EY m._..�z�..._h�.�� ..�� DISAOVANTAGES IP NOTAPPROVED; The addition will not be approved by Saint Paul Public Schools. TOTAL AMOUNT OF TRANSACTION $ NA COST7REYENUE BUDGETED (qRCLE ONE) YES NO FUNDIHG SOURCE ACTIVITY NUMBEA FINANqAL 1NFORMATION. (EXPIAiN) -- __�, — i --- = � r_' --. _ -- �� — ------� ^ I N i �; ---t— �, � � N N 6? I �i � ,; � N � �i M I �i N i � � �i i °, I I' � � P j i N ! Q i ;� � _��. �._.i_. � �i ' � � � u> I �i = � � �,� ��� � � � : � �; ; ,�� ; i ��, .......... � : � � u� �.. ...... ; � �' i � I � V � •- � .. ...,; � � t� i� rn �'° � i� � i� i�� o ^ � ;� _ � � I i 53 = M 6� �i ---+----------- - � � N� SNVId LF. I100B � N �' "'__"'�"_"""'�___' a -- � - 31tt1 — ' -- '� ..�-1�dINX.� ..,rd . ; --� ,^. N d � �✓� � �� �� rns g o E � ��.��.��C._�..�_ "9 a I � �� YA � a I I �'������� I ; rv I '.._'�"__' "�_� •-- li - ------------�-- il F . �= °;� ��° N �;i �; �� ��i i�� � �i i� �� � � =� � �i i� \ ��i i� �� i� �I�i i;s�� , i� �� i� �� R i� I i � i ��I �i o F= 6i i I I i tv i i i I I i° ..lL i I I� � ' i�� (i m � i I i i u„ .. — i , iil �i :.� w i . ii � :.k �� I I i ���... ii j li g � � i � �� _ � ii �i �R ' i I I i � � x� ii� li , eR i I I i i ii� �� � �R � � I I � � i ��� li � '� I I i � � !� iil �� r` R� i � � � � iil �� i � i I I� i� li R� LI I I �+ � � Ir �j �� Iti l � � �1 1� � ' t ��� II � 8� 1� � �� �, 11� '� � . � �, � � � ii �i O #�..� �. I� I � � i;� 'i .. � I' � i i � � i i I V .t8'£21 � I � -- --- - -Q i i i � O �Ai i� � y'u I _ I �i '� ii± I � iil • li � i �� i ii � � �--, 53��� I� ^ � i iil �� « i�i � i Q�i� 1�Q N M � oi� I ; ' '�� 1 ^ ,� ' i�� � T J N M � ii� � p . � . � . ii� ♦ � `' � � J' I • -----�1 �� • _ � �_ ^ �' r 1 �_ _� � �` ' �1 __J��� �_��l� J'L-�� ��"���_ �� ���'.r m_»� . nr I .C�� ./Q'YY .0'YY .9'YI hl.,\ .., .: `� - Z �'j �� a ; �,g ,:,�...: � � , � ,� O � V �� � �� � '�.� p � � � 8 � �p _ � .�� � �:.� . �. ��� 00 � >"' , � -�'. ,� ,. ° �`� � �' ��-' `� � � � , �. � �.�. � J . :� � � � �, .. � � � - ,• � � � � , � . � C� �,. u �..� Q s� w �' � � � U .� �� . p �.' �. � � I �. � r� ' i . 1 ^ �� ��-�3y I_�ui ►If ul ►Y IL�j��.`�j�]I���ij.`�fT��:7_ YIr • 1 This Amendment, made and entered into this day of , 1996, is made in accordance with the provisions of item 22 of the June 27, 1978 Lease and 7oint Use Operating Agreement, hereinafter known as the "Agreement," by and between the City of Saint Paul, a municipal corporation organized and existing under the laws of the State of Minnesota, hereinafter referred to as "City" and Independent School District No. 625, existing pursuant to I,aws 1965, Chapter 705, as amended, and hereinafter referred to as "District" said Agreement to provide for Ciry's lease of Disuict's land and construction and operation of improvements to said land at District's Groveland Park Elementary Schooi. WITNESSETH: The Ciry and District agree that all provisions of the Agreement shall remain in force with the following amended provisions: 1. The City desires to Iease an additional portion of the Crroveland Park Elementary School site. The District does herewith demise, lease and let unto the City, in consideration of a payment of one (1) dollaz and the performance of all other ptovisions of ttris Agreement, for a term of twenty-two (22) years, expiring 7une 27, 2018, additional property at the Groveland Park Elementary School as shown on E�ibit C attached hereto and legally described as "that part of vacated Kenneth Street accruing to Lot 1, Block 7, Underwood's Third Addition" which together with the Buffding Addition and improvements constructed thereon, shali hereinafter be known as "Additional Premises". 2. The City herewith covenants and agrees that it will use the Additional Premises for the erecrion and construction of an addition to the e�sting City's recreation building at the Groveland Park Elementary School. All costs associated with the construction of said addition shall be bome by the City. 3. The City shall indemnify and save the District harmless from any and all claims of whatever kind that may arise from the City's construction of the unprovements. It shall further be required that during construction the City require its conuactor(s) to insure against ail iiability created as a result of said construction and that the District be named in the insurance and performance bond documents as additional insured. 4. Clause 1Vo. i(page 2 in the original agseement) is modified as follows (underlined): The District shall have access to and exclusive use of its faciliues, its grounds and access to the Ciry`s building addition and arounds, except the Additional Premises and the Recreation Center Darector's office. during the reaular normal school hours of the school �ar. This shail be extended to include the use of its fac3lity and grounds by the District for such special education activities that occur after the regular normal school hours or school year (such as Parent Teacher Student Association, summer schooi and other programs). `��t-�3� The District shall also have access to the use of the City's Building Addition and grounds by application for permit and approval by and through the City's Permit process. 5. Clause No. 2(pages 2-3 in the original Agreement) is modified as follows: 2. The Citx shall have access to and eacclusive use of ffie Cit Additionai Premises Sunday thxoygh Satur�ay from 6•W a m to 10•00 n.m. vear round. The City shall have access to and exclusive use of the City's Bwldmg Additron and grounds, and access to the School District's building and grounds, Monday through Friday from the end of the school day ta 10 p.m. throughout the schooi year and from 9 a.m. to 10 p.m. on Holidays, Saturday, Sunday, Winter Break, Spring Break, and during summer vacation. The City shall aiso have access to use of the District's school building and grounds by application for permit and approvai by and through the DistricYs Pernut Office. Said permit will identify the spaces authorized for use, the term and conditions based on the Board of Education's current policy for use of school facilities by community organizations. The District shall, after the City's activities have been satisfied, have first priority in the use of the City's Building Addition. 6. All references to City's Building Addition and grounds in the Agreement shall include the Additional Premises. IN WITNESS WI�REOF, the parties have caused this Amendment to be execut� the day and year first above-written. APPROVED AS TO FORM: � ��u = � �.-.ie� Assis t ity Attomeq APPRQVED AS TO FORM: CITY OF SAINT PAT3L By: Director, Depazhnent of Finance and Mana ement Services x � Superintendent of Pazks and Reereation By: �, !l✓ �'1�1� Mayor or Mayor's Assistant INDEPENDENT SCHOOL DISTRICT NO. 625 District General Counsel � � � - I I�-�wsrs '_ ' = =1 � i - R ry I li�� � � �ii� � I I �' � � 9t !t :,i � � i � . - �—ei�vs+�o'------� ------------�� �'� ..�...�� N�. ��.�� N I N I ii �� � �i M N il i�� N I Qi� � �; ;i ��� � �i � I; °' � N Q � � j i i � —. _;�...._., � i �; � � ��i �;� �i � i '� `a °' 'i ,, � i �, ! � i � ' ' �I � i �..., � i�Q .. � 6i il i �� ...�.. ....., ; � � �' il I i � �� ti � Q i� �, i� I � �� i� rn � � Q;i i; �i i� i i; o � �i i;� _ ^ ;i �i il - = ��i i; �i Ii53 N M ��� , ; �i ---�----------- � ----------'r---; il � � N� S�N�d L£ H�OB � �� � N I � ..__'�__'�'�"_"'_"__'�'_x1 � � VA "'__"_'__` e 1 ( � j ' f'" I � ' i C v' { O i I i;� N � �i � � �� � i � ,� i� ��� � ,�i i � y '; i : „� � � N l , I1� � : ' i � � �•• .... — i ' ii� i '•�... � I i ii� ' ..,,� t' � ...� iil I i � iil i� i i �O � ��� � ii � � i ii� i i�l ' 'I I i ti � ' '� { 1 � � 1� � I �� � � �� � 11� � t I I � I � I�� ' � � I I ( � 11� ��� � O tAi i i � � � iil I � i ��� I � ^ � i � iil I ' � iil : . I i' � r � N M � ii� � � ----�-- ---- � --------�'l� -- � — �/�1/` -- .� , ,•--, � C 7 F' �1 J li ' _ � i I+ � V � i � N u, ,� � � � _�` � :- , � � �. °i s � 0 0 � � �.��L�C._____ � "`__ '__ 1 . �i..�___�'�' _; � � � �� � i� i� �-�,� i� � N � j °a � 2 � a �� �� w i ` I� g N I� �� g $s li I j t� R � �� li � �I N� �I I� ♦ 1 � �� �1 O I1 �� + �� � � ^ {� 1 �� .L6'£ZI " iiQ �� li i I� N L� , .. 1� Q ^ M ��' I I ---'� � ��'-------� ----J' �41. 1$ ---�� ----1�_'� I �. �� = �\ �.(_)_��J__�����.�1� I �� , � '�___ � •_ '_��_��_ ����^ �.� --�� � -�� ���'+ m_v�i i•r .CE� ./0'YY .0'K .9'til . .... , ��'� ,11 QI i N X� r �1 - Z . . • . . � O . � i � � '� , � g ...;�,..;,., �� _� � �� �� �F � �.� p � � � g �..�p � �. � � � � � `r � 0 0 � �" .:� '. � � ° � � �" �--� � � � � '� � � � �� � � � ., � � � �. � � .. � '. � .,� .� J � � w � �' � � �� ` Q � �. � . U �.� � � �. � � � ; � •. i �', � � I '. r 'Y A�IENDMENT TO LEASE AND JOINT USE OPERATING AGREEMENT �`� This Amendment, made and entered inko this day of , 1996, is made in accordance with ihe provisions of item 22 of the June 27, 1978 Lease and 7oint Use Operating Agreemern, hereinafter l�own as the "Agreement," by and between the City of Saint Paul, a municipai corporation organized and e�sting under the laws of the State of Minnesota, hereinafter refened to as "City" and Independent School District No. 625, e�sting pursuarn to Laws 1965, Chapter 705, as amended, and hereinafter referred to as "District" said Agreement to provide for City's lease of DistricYs land and construction and operation of improvements to said land at District's Groveland Park Elementary Schaol. WITNESSETH: The Ciry and District agree that all provisions of the Agreement shall remain in force with the following amended provisions: 1. The City desires to lease an additional portion of the Groveland Park Elementary School site. The District does herewith demise, lease and let unto the Ciry, in consideration of a payment of one (1) doliar and the performance of all other provisions of this Agreement, for a term of twenty-two (22) years, expiring June 27, 2018, additional property at the Groveland Park Elementary School as shown on E�ibit C attached hereto and legally described as "that part of vacated Kenneth Street accruing to Lot 1, Block 7, Underwood's Third Addition" which together with the Building Addition and improvements constructed thereon, shall hereinafter be known as "Additional Premises". 2. The City herewith covenants and agrees that it will use the Additional Premises for the erection and construction of an addition to the existing City's recreauon building at the Groveland Park Elementary School. All costs associated with the construction of said addition shall be borne by the Ciry. 3. The City shall indemnify and save the District harmless from any and all claims of whatever kind that may arise from the City's construction of the improvements. It shall further be required that during canstruction the Ciry require its contractor(s) to insure against all liability created as a result of said construction and that the Disuict be named in the insurance and perforinance bond flocuments as additional insured. 4. Clause No. i(page 2 in the original agreement) is modified as follows (underlined): 1. The District shall have access to and exclusive use of its facilities, its grounds and access to the City's building addition and grounds, except the Additional Premises and the Recreation Center Director's office durin,� the regular normal school hours of the school Year- This shall be extended to include the use of its facility and grounds by the District for such special education activities that occur after the regular normal school hours or school year (such as Parent Teacher Student Association, summer school and other programs). q�1-�3�t The District shall also have access to the use of the City's Building Addition and grounds by applicaflon for permit and approval by and through the City's Permit process. 5. Clause No. 2(pages 2-3 in the original Agreement) is modified as follows: 2. The C� shall have access to and exclusive use of the City's Additional The City shall have access to and exclusive use of the City's Building Addition and grounds, and access to the School DistricYs building and grounds, Monday through Friday from the end of the schooi day to 10 p.m. throughout the school year and from 9 a.m. to 10 p.m. on Holidays, Saturday, Sunday, Winter Break, Spring Break, and during summer vacation. The City shall also have access to use of the District's school building and grounds by apglication for permit and approvai by and through the District's Permit Office. Said permit will identify the spaces authorized for use, the term and conditions based on the Board of Education's current policy for use of school facilities by community organizations. The District shall, afker the City's activities have been satisfie3, have first priority in the use of the City's Building Addition. 6. All references to City's Building Addition and grounds in the Agreement shall include the Additional Premises. IN WTTNFSS WHEREQF, the parries have caused this Amendment to be executed the day and year first above-written. APPROVED AS TQ FORM: ` /z2� .r��1 "\ � Assistant ty Atzorney APPROVED AS TO FORM: CTTY OF SAINT PAUL B �! Director, Department of Finance and Management S@rvices �G • Superintendent Puks and Recreation B lG ���� Mayor or Mayor's Assistant INDEPENDENTSCHOOL DISTRICT NQ. 625 District General Counsel By � . i�.t' �a.aJ a.urtijr t ...� ....-.., �.. ` ._.. �.;�-1�_ -r -�- + ��--���- �7 -= � ---------- v � �.,_- — - - - --- _� ----- � --- ^_/�v� � — — ,�_ .__ _�__�__ti �v r_«_�__________ i♦ f.___ � � _ l T;""_� 'I' S r lii s W N T c � ��'e l � � N � � �ii F � 1 �i - �� ��i� i y - 1 ' h - �� lii � � I �i� - � � ��� I � � � � '�� � � i i' iUt O � 1 p '_'__'" � 123.9�� i\ � u i �ii I i I � � il �i� ' T � � I� • ' _ O i j i ii Z � ; _ ' -C �t ,��. r �t. i ;1 �s � �! i�� , � �� � �r� +; ,� ,� �� v �I � �I p �a � �� �I i �, �;�; � � � " ,�v ' ��.. � � � �, „� 1 :� � � o� o ; � � � � . � � �, � , � _ � � r � I I � � �______�:: -�:--�- � � - ------, � � 2 'U 0 ,� �; I; I� li ,� ; ,; i il i ' i i� i� i �1 i �I I �1 � �1 i i � i if �� i i' �; - L ,� > 'i i � .. : ,r _ � ,� �� � � � � � �, ;� � ., � z� � L V ��� o � � � o . � � � �t 3!1 � il Q_ � � .0 ^ �� � il O '� � �. � ' � � � � � � I � � . d�-�. �c� Q � � ; � �i i ibl�� � g� � .� 9i1 � � � T � 1I . O �� -�� � � m s_� �i fA" � ° ii Z �!' � �y ` i .� . � � t��A ° il , � �'' ; i --i - � i o °� ��'` ; , � � � r � F I� v I p� � 1 s i �Ext���ir c. -_ -=av�� - .. E�� ���� ��'� ���� N a , il _ �o �, _ �; , , �- i �= '' . li �� � ,; � �- �. i�� � i; i� i��� i � b- i� i , � �� � �I i;� � � v I i cr_' �- ------------------ � e BJpt 37 PLANS \ s j T � •--- {i � W N ss;i �i ,, � � a� — �' — �i ,, �;, . ; — � o _;, i ;' � ,t • w $ �o � i il t� i f9 v �: � � � V �i � •_...... ' � , _....' I ; "'..,. � i � � : � .... ��i � ;� i : ,� i , j m rn �� I i � i � '� f a' � � �� � � ;�� �I i `8 N � y i � t �S � � f i� I 8 � � N W �� I . ; ^,+ � i ;; i ; N �� i f9 W N �� � i� � F V N � V m ij I - a � ��I - '�1 � i�_iY �� �a �3 u� � � _ � . � � � � �� � � ' � � l�\ � � � � � � � � � � � � � -� (� � � � � O � Z � .. . L i � „ ; � � �� _� _. _ � � _T - t4.e•� M.s� � �,.ur�,�s'' .,,,� , �«:,�.. �.;. .__.__ ��l —1�_ _� _ -- �� � `�---`-_ ---r7__��------�i' j ��'---- —;-�V� .:—��C�#��.a� � . i � ,� � N � �S ;i c �� : � �?� � i t23.s7• i1 � � �� F "' i . i� i —'� p �i �� � t0 i� \ �� w I� II� j� v �� I� �� � �� 1� 21a � 1 � i� il \ tn �I i� v .o� a i I �� �� • �I i i� o��� i� g il g� � � f u i� l__ _.i� �____.�.����._�' r�.��.�_.��11 ------------- � ; _ � �! ;� ,, , ,, ;, �� I' I i� i� i� , �, �� , �, �; �� �; �,___ r _�----- ��� ' �,� ti�� i' � li�� 3: �r -- --- �--- — -----=,� - . �c� —��� t�2t t Page 2 of 7 pages YPe of £aeility or �y lawful recreational use as agreed up� by the parties nereto �d �� it is mutu�Z13, $greed b a request to te 9 both parties that either party may initiate iminate said Iease by giving written notice to the other htmdred sixtp-five (3b5) g yys party three prior tv ��celZatioa or ter�qnation to whicfi botfi must mutuallq agree, �d - parties �E��. tfie Ctty and the District desire to enter into a joint use of facilities and grounds agreement for the Purpose of providing Community Education, Cfty Recreation , P rOSrams and Schoo2 Distrtct Edvcation and ghysical Education Programs; . NOW, THggggQ�� in co nsideration of provided for the the mutual bene£its and advanta mutual �oy�� � ro Ses hereinafte p �ses hereinafter set forth District do herebp agree as Pollows: . City and School 1• The District shali have access So_the exclusive use of its facilit 8rovnds and access to the Citp'S guildin y> its school hours af 8 Addition and grounds during the re the school year,__�ys Shall be gular n aBa grotmds b extended to include the use og its facili Y the DisCrict for such special edu regular no cational activities that occur after the zmal scIiool hours or School year (SV� as parent Teacher Studeat Association, S�er school and other p ro$r � s), The City shall, afier the educational a ' `irst prg ctivities have been satisfied Y in the use of the school faciiit . have iaks, play areas y' This shall include the City's ice , and wazming Zoam. 2 • T�e City shall have access to and the exclusive use of the C3ty's Building dition and grounds, �d access to the Schooi D3striGt's building and grounds -ough Friday from the end of Yhe S , Monday- chool day to !p p,m, throughout the school m 9 a.�, to IO p, an golida ps, Saturda Year and Cn Su y' S�day, W1nter Break, Spring Break 8 mmer Vacatioa, �e City shall also have . and ol Bui2din access to the use of the Districts g and grounds bp application for pern�it and appraval by and through the rict's Pe�t Office. Said Permit will identify the spaces authorized for use, the and the conditions based on the Board of Educations current policy for use of � ' - �t� -t��t Page 1 of 7 Pages LE:ASE AND JOINT USE OPERATING AGREEMENT TI3ZS AGREEMENT, da�ed this 27tr_ �as, of Jime . , 1978, by and between the CITY OP SAINT pAiTL, MIN,iESOTA, a municipal corporation organized and PTj. sting under the lavs of She State af Minnesota, hereinafter referred to as "Citq", and I2IDEPE23UENT SCHOpL DIS�tICT N0. 625, existing pursuant to laws 1965, Chapter 705, as amended, hereinafter referr=_d to as "District", WITNESSETH: - 67HEREAS, the Distri�t is the owner of certain real propertp knowa as Groveland Elementary SChool which is =.�ocated within the corporate lisnits of the City of St. Paul, and WHEHEAS, said progerty is Iegally described as a21 of Lots 1 thru 24, Block 7, Undenaood's Third Addition, and the west 24 feet of vacated Kenneth Street, adjoining Elock 7, and WHEREAS, the City desires to lease a portion of_the Groveland Elementary School site; which is more particularly described as the north 118.3 feet of Lots 1, 2, and 3, Block 7, Underwood's Third Addition for the purpose of erecting and constructing a Building Addition to the existing schoo2 building, which includes the following: Gymnas:um, Office, Restrooms, Locker Room, C=aft Room, Riln Room, Kitchen and,Storage Rooms and - - - �'HEREAS, the District does herewith demise, 2ease and let imto the City, in consideration af a payment of one (1) dollar and the performance o£ all other provisions oF this agreement, for a term of forty (40) years co�encing ,��e 2� 1978 � and k*HEREAS, the District covenants that it has good and sufficient title to the Premises, and WfiEREAS, the City hezewith covenants and agrees that it will use said premises £or the purpose intended, to-wit: the erection and construction of a Building Addition to the existing Groveland School Building and such related uses which would be co�on to . , , ' . °l'? -13 `� •:.. Page 3 of 7 Pages school facilities by community orgaaizations. The District shall, after the City's actfvities hace been satisfied, have fizst priority in Yhe use of the City's Gymnasium Building Addition. 3. Zf additional fiours of vse are needed for any part of the Citq's Building Addition andjor the School Facility or grounds by either the City or District, a written notice must be given seven (7) days prior to such need or use bp the zequesting party to the approprfate party in charge (District - School Principal) (City - Aecreation Director) vith both parties mutuallp agreeing to the change in hours. 4. The City shall indemmi£y and save the District hazmless from any and all claims of whatever kind that map arise from the City's use of the District's Suilding and Grotmds and during constructian of the City�s Building Additioa. It shall further be required that during constzu�tion af the City's Gynnasium Building Add3tion that the City require its contractor to insure against damage to the School Districts building, grounds, utilities and any other liability created as the result of said construction and that the District be named in the insurance and performance bond docvments. The City sha1Z also inde�ify and save the District haimless from any and all claims resultin from inproper design or construction failure. 5. The District shall indemnify and save the City harmless from any and all claims of whatever kind that may arise from the District's use of the City`s Building Addition and orounds. 6. The District shall be responsible for all maintenance, repairs and house- keeping for the interior and exterior of the Schaol Building. 7. A. The City shall be responsible for all ordinary grounds maintenance on the total Groveland site. This shall not include c�eed control or £ertilization. The City shall also be responsible for all perimeter snow and ice removal or sanding, including the Yarking Lot and Drivecsaps, vith the District responsibZe for snow removal on sieps and valkways Ieading to the pnblic sidewalk. Snow removal shall take place after each accumulation of more than twp f71 ipnh�� " ' :f 7. (continued) af snow. `�t r t -1 3 �-( Page 4 of 7 Pages B. The Citp shall participate i.n the cost of major repairs to the District�s mechanical and electrical systems as defined in exhibit "A" attached and being a part of this agreement wkich provide energp to the City's Gqmnasium Building Addition_ This will be pro-rated on a percentage, based on the square footage of ihe Building Add3tian used by the City. C. The City's Building Addition vil! be provided with the District�s central monitoring-station,:�ntrusion.and�ire mon�*�r;ng services on a twenty-four S24)_hour basis three_himdred_sixty-five (365) __ days per year. D. The District sfiall place equipment far and provide for the removal of alI solid waste generated by the City's and District's nse of said site and facilities. E. The District shall.be responsible for all regular building -- maintenance as defined in e�ibit "B" attached and being a gart of this agreement-tor the _City's Building Addition interior and exterior. F. The District shall be responsible for providing all custodial engineering and housekeeping services fer the CiCy's Building Addition. G. The cost of energy and utilities as same concerns the City's Building Addition for gas, fuel oil, electric, water and sewer shali be shared by the Citp. The Citp shall pay 67 per ceat of said costs and the District shall pap 33 per cent of said costs. H. The District shall insure the City's Buildiag Addition and its contents for liability, fire and comprehensive coverage £or which the City will share the cost_ _.. 7• (continued) °l`1-13y Page 5 of 7 Pages Z. The City shall be zesponsible for all majot kinds of building maintenance sucfi as renovation, remodeling, replacement or repair of the Building Addition, including re-roofing and re- flashing repairs, repainting interior and e�cterior, tuck pointing, plumbing, severs interior and e�cterior, mechanical equipment, electrical equipment, etc. or major repairs to same. 8• On a semi-anaual basis, the City and District shall mutuallp 3dentify the costs incurred by each party for Items "A" through "I" in Item No. 7 for•the past si�c (6) month period with the City paying 67 percent of said costs and the District paying 33 percent of said costs, unless otherwise mutually agreed to by both parties in writing. 9. In the event the District or City, or hoth parties, shall determine to discontinue their use of the Groveland School, Building Addition or site,`said action shall be pursuant to Baazd Policy File DD-R, as adopted by the Board of Education on May 17, 1971, and pursuant to Coimcil Resolution, No. 268764,,-as adopted by the St. -• - - Paul City Council on May 21, 14�Z I0. The City and District shall mutually agree on and install signs in the Citp's Buflding Addition indicating the kinds of clothiag and equipment which shall be prohibited within the bui.lding. 11. The City's Recreation Director or his designee shall provide fuil time supervision for all of its programs at all times. Said supervisor shall be responsible fot surveyiag the condition of the building(s) 6oth interior and exterior each day prior to coamencing with the Citp's program or programs and shall ideniify and report to his supervisor oa a daily basis any and a12 damage to said building(s) or equipment which occurs while in the Citp's use. 12- Tiie District's Bullding Principal or his designee shall provide full time supervision for all school pzograms at all times. Said Building Principal or his designee shall he responsible for surveying the conditian of the building(s) both L �t � -1 ��E Page 6 of 7 Pages interior and exterior each day prior to commencing with the District's program or �rograms and shall identify and report to the Executive Dizector of Plant Planning and Maintenance on a daily basis any and a21 damage to said building(s) or equipment which occurs vhile in the District's use. 13. The City of istrict sha12 be responsible for the costs to repair or replace any damage to the building, groimds, £umishings or equipment which occurs while said facility is tmder their control or use. 14. The District's School Building and Grounds shall at all times be under the responsibilitq of the School Administrator (Principal) or his designee. 15. The City`s Building Addition and Groimds shall at all times be under the responsibility o£ the Recreation IIirector or his designee. 16. The Recreation Director in charge of the City's program(s) or his designee shall be required to phone_Central Security when opening and closing the facility. 17. The City shall be responsible for the policing of the District's grocmds being used so that same will be returned in the same condition as it was prior to the use of said grounds. 18. All parties shall abide by all such rules and regulations mutually agreed on and establfs�ed bp either party or bp governmental regulations current and £uture to insure safe, sanitary, fire and health protection to all persons. I9. The District shall be responsible for the policiag of the City`s grounds being used so that same will be returned in the same condition as 3t was prior to the use of said grounds. 20. Any improvements or alterations affecting the District's facilities or grounds shall require approval by the Executive Director of School Plant Planning and Maintenance. 21• Any improvements or alteratioas affecting the City's Building Addition or grounds shall reqnire approval by the Superintendent of Parks and Recreation. 22. The proper authorized District and City administrative personnel responsible for the administering of this agreement are herewith authorized to make amendments to `� , " �� -i�� ... . Page 7 of 7 Pages the Joint IIse Operat3ag Agreemeat subject to mutual agreemeat by both parties, and further subject to the review aad approval by legal council of both the Dis[rict and tfie City. It is further coaditioned that no amendment(s) shall be made ta the lease portioa of this agreement vithout approval of the governing bodies of both the District and the Citq of Saint Paul. IN WITNESS WHEREOF, the parties have set their hands the date f3rst written above. CITY OF SAINT PAUL By: APPROVED AS TO FORM: City Clerk O rector, Aept. of Finance and Management Services ���- IZ . ( 1 • �Ql.u-> . -��-1 � , a� � .� � / � Board At ey Diiector !o� Co�nity`Sa INDEPENDEI3T SCHOOL DISTRICT N0. 625 � f � ''_" '----- By i. i�_t L.:� is�::�_L�L.���•��- Chairperson / / t - f,'� , � r' l��' �!��'�. �� `� Treasurer -�� APPROVED AS TO FORM: , .,� � �iszz .,A., THE CITY SHAI.L PARTICIPATE IN THE COST OF Ml1JOR gEpAIRS T(3 TSE FOLLOWING: BOII.ER BIIRNER HEATING S VENTZLATION CONTROLS AIR HANDLING EQUIPMENT MAIN ELECTRICAL SERVICE HIGH VOLTAGE DISTRIBUTIOIi SYSTEM �� -13L{ � i • 4 �� -� �� �+11L113]Iy 'Ip/I 3) The Disirict sha11 be responsible £or all zegular building maintenance as herein defined: Hardware --Door Locks, Closets, Door Bumpers, Window Locks and I.ifts. Electrical - Fixtures, Recepticals, Switches, Timers, etc. Plumbing - Faucet Washers, Flushometers, Leakage, Clogged Drains, Fixture Replacement. ' Floors - Tile, Base, Carpeting. Ceiliag - Tile Fire Alarm System Zntrusion System Plaster or Sheetrock Temperature Controls Replace Filters in Heating and Ventilating Units A ����SfY�� RESOLUTION CITY OF SAWT PAUL, MINNESOTA Presented By Referred to Committee: Date 1 RESOLUTION DIRECTING THE DIVISIQN OF PARKS AND RECREATION TO 2 AMEND THE JUNE 27, 1978 LEASE AND JOINT USE OPERATING AGREEMENT 3 BETWEEN THE CITY OF SAINT PAUL AND SAINT PAUL PUBLIC SCHOOLS FOR 4 GROVELAND RECREATIQN CENTER. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 WHEREAS, Saint Paul Public Schools is the owner of certain property known as the Groveland Park Elementary School site which is located within the corporate limits of the City of Saint Pau1, and WHEREAS, The Ci�� of Saint Paul currently leases a portion of said Groveland site, legally described as " the north 118.3 feet of Lots 1, 2 and 3 Block 7 of Underwood's Third Addition ", for City's Groveland Recreastion Center Building, and WHEREAS, The City desires to lease additional land contiguous to the currently leased area, legally described as " that part of vacated Kenneth Street accruing to Lot 1 Block 7 Underwood's Third Addition ", for construction of an addition to City,s Groveland Recreation Center Building, and WHEREAS, The City has approved funding for said building project and desires to amend THE LEASE AND JOINT USE OPERATING AGREEMENT to enable the project to proceed, council File # � � - � 3'`� Green sheet # 3 � � \.9 ' L r:� • 21 22 23 24 NOW, THEREFORE BE IT RESOLVED, that the Council of the City ��, u t of Saint Pau1 directs the proper City officials to enter into an amendment to the June 27, 1978 LEASE AND OPERATING AGREEMENT with Saint Paul Public Schools for the Groveland site. oR����AL Requested by: Adopted by Council: Date ��q Adoption Certified by Council Secretary BY e� a- � rr—��. Approved by M� Date: Z�� �`�� BY: ✓ liri` W�4 l/'� Division f Parks Recreatiot By:; � -� .r �'PP Approval Recommend,�d 7�y Budget Dire or: E� � �. By: Form Approved by City�orney i, BY � �L1-tGG� � � •v-a.i / Approved by Mayor fo�r Submission to Counc`�Y _ c ( � 2 � v J I/3A $y: IlfO� � `�Z-13� • � � � � �i �� �- � � � This Amendment, made and e�tered into this day of , 1996, is made in accordance with the provisions of item 22 of the June 27, 1978 I.ease and Joint Use Operating Ageement, hereinafter known as the "Agreement," by and between the City of Saint Paul, a municipai corporation organized and existing under the laws of the State of Minnesota, hereinafter refened to as "City" and Independent School District No. 625, existing pursuant to Laws 1965, Chapter 705, as amended, and hereinafter refened to as "DistricY' said Agreement to provide for City's lease of District's land and construction and operation of improvements to said land at District's Groveland Park Elementary School. WITNESSETH: The City and DistricY agree that all provisions of the Agreement shall remain in force with the following amended provisions: 1. The City desires to lease an additional portion of the Groveland Park Elementary School site. The District does herewith demise, lease and let unto the City, in consideration of a payment of one (1) dollar and the performance of all oiher provisions of this Agreement, for a term of twenty-rivo (22) years, eapiring June 27, 2018, additional property at the Groveland Park Elementary School as shown on E�ibit C attached hereto and legally described as "that part of vacated Kenneth Street accruing to Lot 1, Block 7, Underwood's Third Addition" which together with the Buiiding Addition and improvements constructed thereon, shall hereinafter be known as "Additional Preauses". 2. The City herewith covenants and agrees that it will use the Additional Premises for the erection and construction of an addition to the existing City's recreation building at ffie Groveland Park Elementary School. All costs associated with the construction of said addition shall be bome by the City. 3. The City shall indemnify and save ffie District harmless from any and all claims of whatever kind that may arise from the Ciry's construction of the improvements. It shall further be required that during construction the Ciry require its conttactor(s) to insure against all liability created as a result of said construction and that the District be named in the insurance and performance bond documents as additional insured. 4. Clause No. 1(page 2 in the originai agreement) is modified as follows (underiined): 1. The District shali have access to and exclusive use of its facilities, its grounds and access to the City's buiiding addition and grounds, except the Additionai Premises and the Recreation Center Director's office. during the rewlar no�nal school hours of the school�ear. This shail be extended to include the use of its facility and grounds by the District for such special education activities that occur after the regular normal school hours or school year (such as Parent Teacher Student Association, summer school and other programs). .,.� `�` `lrZ -\�'{ The District shall also have access to the use of the City's Building Addition and grounds by application for permit and approval by and through the City's Permit process. 5. Clause No. 2(pages 2-3 in the original Agreement) is modified as follows: 2. The Citv shall have access to and exclusive use of the City's Additional Premises Sunda�thrc�ugh Saturda�from 6•00 a m to 1U:00 p.m. vear round. The City shall have access to and �clusive use of the City's Building Addition and grounds, and access w the School DistricYs building and grounds, Monday through Friday from the end of the school day to 10 p.m. throughout the school y�r and from 9 a.m. to 10 p.m. on Holidays, Saturday, Sunday, Winter Break, Spring Break, and during summer vacation. The City shall also have access to use of the DistricYs school building and grounds by application for pernut and approval by and through the DistricYs Permit Office. Said permit will idenfify the spaces authorized for use, the term and conditions based on the Board of Education's curnnt policy for nse of school facilities by community organizations. The District shall, after the City's activities have been satisfied, have first priority in ffie use of the City's Building Addition. 6. All references to City's Building Addition and grounds in the Agreement shall include the Additional Premises. Il3 WITNFSS WE�REOF, the parries have caused this Amendment to be executed the day and year first above-written. APPR�VED AS TO FORM: o �: Assistant i Attorney APPROVED AS TO FORM: CTTY OF SAIlVT PAUL By. � Director, Department of � Finance and Management Services U� � Superintendent o Pazks and Recreation By: �� � � Mayor or Mayor's Assistant INDEPENDENT SCHOOL DISTRICT NO. 625 By District General Counsel .__ _. _ Mp__ ���� 9�-1�u � DEPAq7MENT/OFFICFJCOUNCIL pATE1NITIATED GREEN SHEE 1 � 361 19 Parks & Recreation iNiTi�wAr� - - iNmumnr� CONTAGT PEWSON 8 PHONE � DEPAHTMEM D�RECTOfl � CITY CAUNCIL Vince Gi11es ie 266-6408 ��"' � cmarroeNer O CIfYCLERK NUYBER WR MUST BE ON COUNCIL AGENOA BY (DATE) R��� DGET DIRECT � FlN. & MGT. SERVI(�S DIP. �' 1 a^ �� oxoEa navoa toa nssiss � 8R TOTAI # OF SIGNATURE PAGES (CUP ALL LOCA710NS FOR SIGNATURE) ACiION flEIXlE5fED: Approve an amendment to the joint use agreement with Saint Paul Public Schools for the Groveland Recreation Center bnilding addition. RECOMMENOAA710NS: approve (aI a Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWEH TXE . UESTIONS: _ PLANNING COMMISSION _ CML SERVICE COMMISSION �� Has ihis persoMirm ever wmketl untler a contract fm Mis . � _ q8 COMMrTfEE _ YES NO 11 A�� z. Has this persoMfirtn eve[been a cRyemployee? Ll�� �� ��Yl� — — YES NO a _ DlSttiICT COUH7 _ - 3. Ooes this persoNfirm po5sess a skill not Mrmally tl by dm/ curte�t � cily employee. SUVPORTS WNICN COUNCIL OBJECTIVEI Yes No ���`J QF�!C'E Expisin all yes answero on seperate sheet antl attacb to green sheet INfT1ATING PflQBLEM. 15SUE, OPPORTUNITY (Who. What. When. Where. Why): The City and School District have a joint use agreement for the facility, an amendment to the agreement is required so that a new �1���1}can be constructed. JAN 09 1��7 ��� ADVANTACaES IF APPROVED: . . Construction of the addition wi11 be approved by the 5aint Pau1 Public Schools. � � ��C����� DiSAWANTAGE5IFAPPRWED. , ' - � • ����� �,��� � � DEC 12 19�& None ���:;r�;� �.,�.,.., � �- ��ro. �t;c� � �� ���a CITY �� R EY m._..�z�..._h�.�� ..�� DISAOVANTAGES IP NOTAPPROVED; The addition will not be approved by Saint Paul Public Schools. TOTAL AMOUNT OF TRANSACTION $ NA COST7REYENUE BUDGETED (qRCLE ONE) YES NO FUNDIHG SOURCE ACTIVITY NUMBEA FINANqAL 1NFORMATION. (EXPIAiN) -- __�, — i --- = � r_' --. _ -- �� — ------� ^ I N i �; ---t— �, � � N N 6? I �i � ,; � N � �i M I �i N i � � �i i °, I I' � � P j i N ! Q i ;� � _��. �._.i_. � �i ' � � � u> I �i = � � �,� ��� � � � : � �; ; ,�� ; i ��, .......... � : � � u� �.. ...... ; � �' i � I � V � •- � .. ...,; � � t� i� rn �'° � i� � i� i�� o ^ � ;� _ � � I i 53 = M 6� �i ---+----------- - � � N� SNVId LF. I100B � N �' "'__"'�"_"""'�___' a -- � - 31tt1 — ' -- '� ..�-1�dINX.� ..,rd . ; --� ,^. N d � �✓� � �� �� rns g o E � ��.��.��C._�..�_ "9 a I � �� YA � a I I �'������� I ; rv I '.._'�"__' "�_� •-- li - ------------�-- il F . �= °;� ��° N �;i �; �� ��i i�� � �i i� �� � � =� � �i i� \ ��i i� �� i� �I�i i;s�� , i� �� i� �� R i� I i � i ��I �i o F= 6i i I I i tv i i i I I i° ..lL i I I� � ' i�� (i m � i I i i u„ .. — i , iil �i :.� w i . ii � :.k �� I I i ���... ii j li g � � i � �� _ � ii �i �R ' i I I i � � x� ii� li , eR i I I i i ii� �� � �R � � I I � � i ��� li � '� I I i � � !� iil �� r` R� i � � � � iil �� i � i I I� i� li R� LI I I �+ � � Ir �j �� Iti l � � �1 1� � ' t ��� II � 8� 1� � �� �, 11� '� � . � �, � � � ii �i O #�..� �. I� I � � i;� 'i .. � I' � i i � � i i I V .t8'£21 � I � -- --- - -Q i i i � O �Ai i� � y'u I _ I �i '� ii± I � iil • li � i �� i ii � � �--, 53��� I� ^ � i iil �� « i�i � i Q�i� 1�Q N M � oi� I ; ' '�� 1 ^ ,� ' i�� � T J N M � ii� � p . � . � . ii� ♦ � `' � � J' I • -----�1 �� • _ � �_ ^ �' r 1 �_ _� � �` ' �1 __J��� �_��l� J'L-�� ��"���_ �� ���'.r m_»� . nr I .C�� ./Q'YY .0'YY .9'YI hl.,\ .., .: `� - Z �'j �� a ; �,g ,:,�...: � � , � ,� O � V �� � �� � '�.� p � � � 8 � �p _ � .�� � �:.� . �. ��� 00 � >"' , � -�'. ,� ,. ° �`� � �' ��-' `� � � � , �. � �.�. � J . :� � � � �, .. � � � - ,• � � � � , � . � C� �,. u �..� Q s� w �' � � � U .� �� . p �.' �. � � I �. � r� ' i . 1 ^ �� ��-�3y I_�ui ►If ul ►Y IL�j��.`�j�]I���ij.`�fT��:7_ YIr • 1 This Amendment, made and entered into this day of , 1996, is made in accordance with the provisions of item 22 of the June 27, 1978 Lease and 7oint Use Operating Agreement, hereinafter known as the "Agreement," by and between the City of Saint Paul, a municipal corporation organized and existing under the laws of the State of Minnesota, hereinafter referred to as "City" and Independent School District No. 625, existing pursuant to I,aws 1965, Chapter 705, as amended, and hereinafter referred to as "District" said Agreement to provide for Ciry's lease of Disuict's land and construction and operation of improvements to said land at District's Groveland Park Elementary Schooi. WITNESSETH: The Ciry and District agree that all provisions of the Agreement shall remain in force with the following amended provisions: 1. The City desires to Iease an additional portion of the Crroveland Park Elementary School site. The District does herewith demise, lease and let unto the City, in consideration of a payment of one (1) dollaz and the performance of all other ptovisions of ttris Agreement, for a term of twenty-two (22) years, expiring 7une 27, 2018, additional property at the Groveland Park Elementary School as shown on E�ibit C attached hereto and legally described as "that part of vacated Kenneth Street accruing to Lot 1, Block 7, Underwood's Third Addition" which together with the Buffding Addition and improvements constructed thereon, shali hereinafter be known as "Additional Premises". 2. The City herewith covenants and agrees that it will use the Additional Premises for the erecrion and construction of an addition to the e�sting City's recreation building at the Groveland Park Elementary School. All costs associated with the construction of said addition shall be bome by the City. 3. The City shall indemnify and save the District harmless from any and all claims of whatever kind that may arise from the City's construction of the unprovements. It shall further be required that during construction the City require its conuactor(s) to insure against ail iiability created as a result of said construction and that the District be named in the insurance and performance bond documents as additional insured. 4. Clause 1Vo. i(page 2 in the original agseement) is modified as follows (underlined): The District shall have access to and exclusive use of its faciliues, its grounds and access to the Ciry`s building addition and arounds, except the Additional Premises and the Recreation Center Darector's office. during the reaular normal school hours of the school �ar. This shail be extended to include the use of its fac3lity and grounds by the District for such special education activities that occur after the regular normal school hours or school year (such as Parent Teacher Student Association, summer schooi and other programs). `��t-�3� The District shall also have access to the use of the City's Building Addition and grounds by application for permit and approval by and through the City's Permit process. 5. Clause No. 2(pages 2-3 in the original Agreement) is modified as follows: 2. The Citx shall have access to and eacclusive use of ffie Cit Additionai Premises Sunday thxoygh Satur�ay from 6•W a m to 10•00 n.m. vear round. The City shall have access to and exclusive use of the City's Bwldmg Additron and grounds, and access to the School District's building and grounds, Monday through Friday from the end of the school day ta 10 p.m. throughout the schooi year and from 9 a.m. to 10 p.m. on Holidays, Saturday, Sunday, Winter Break, Spring Break, and during summer vacation. The City shall aiso have access to use of the District's school building and grounds by application for permit and approvai by and through the DistricYs Pernut Office. Said permit will identify the spaces authorized for use, the term and conditions based on the Board of Education's current policy for use of school facilities by community organizations. The District shall, after the City's activities have been satisfied, have first priority in the use of the City's Building Addition. 6. All references to City's Building Addition and grounds in the Agreement shall include the Additional Premises. IN WITNESS WI�REOF, the parties have caused this Amendment to be execut� the day and year first above-written. APPROVED AS TO FORM: � ��u = � �.-.ie� Assis t ity Attomeq APPRQVED AS TO FORM: CITY OF SAINT PAT3L By: Director, Depazhnent of Finance and Mana ement Services x � Superintendent of Pazks and Reereation By: �, !l✓ �'1�1� Mayor or Mayor's Assistant INDEPENDENT SCHOOL DISTRICT NO. 625 District General Counsel � � � - I I�-�wsrs '_ ' = =1 � i - R ry I li�� � � �ii� � I I �' � � 9t !t :,i � � i � . - �—ei�vs+�o'------� ------------�� �'� ..�...�� N�. ��.�� N I N I ii �� � �i M N il i�� N I Qi� � �; ;i ��� � �i � I; °' � N Q � � j i i � —. _;�...._., � i �; � � ��i �;� �i � i '� `a °' 'i ,, � i �, ! � i � ' ' �I � i �..., � i�Q .. � 6i il i �� ...�.. ....., ; � � �' il I i � �� ti � Q i� �, i� I � �� i� rn � � Q;i i; �i i� i i; o � �i i;� _ ^ ;i �i il - = ��i i; �i Ii53 N M ��� , ; �i ---�----------- � ----------'r---; il � � N� S�N�d L£ H�OB � �� � N I � ..__'�__'�'�"_"'_"__'�'_x1 � � VA "'__"_'__` e 1 ( � j ' f'" I � ' i C v' { O i I i;� N � �i � � �� � i � ,� i� ��� � ,�i i � y '; i : „� � � N l , I1� � : ' i � � �•• .... — i ' ii� i '•�... � I i ii� ' ..,,� t' � ...� iil I i � iil i� i i �O � ��� � ii � � i ii� i i�l ' 'I I i ti � ' '� { 1 � � 1� � I �� � � �� � 11� � t I I � I � I�� ' � � I I ( � 11� ��� � O tAi i i � � � iil I � i ��� I � ^ � i � iil I ' � iil : . I i' � r � N M � ii� � � ----�-- ---- � --------�'l� -- � — �/�1/` -- .� , ,•--, � C 7 F' �1 J li ' _ � i I+ � V � i � N u, ,� � � � _�` � :- , � � �. °i s � 0 0 � � �.��L�C._____ � "`__ '__ 1 . �i..�___�'�' _; � � � �� � i� i� �-�,� i� � N � j °a � 2 � a �� �� w i ` I� g N I� �� g $s li I j t� R � �� li � �I N� �I I� ♦ 1 � �� �1 O I1 �� + �� � � ^ {� 1 �� .L6'£ZI " iiQ �� li i I� N L� , .. 1� Q ^ M ��' I I ---'� � ��'-------� ----J' �41. 1$ ---�� ----1�_'� I �. �� = �\ �.(_)_��J__�����.�1� I �� , � '�___ � •_ '_��_��_ ����^ �.� --�� � -�� ���'+ m_v�i i•r .CE� ./0'YY .0'K .9'til . .... , ��'� ,11 QI i N X� r �1 - Z . . • . . � O . � i � � '� , � g ...;�,..;,., �� _� � �� �� �F � �.� p � � � g �..�p � �. � � � � � `r � 0 0 � �" .:� '. � � ° � � �" �--� � � � � '� � � � �� � � � ., � � � �. � � .. � '. � .,� .� J � � w � �' � � �� ` Q � �. � . U �.� � � �. � � � ; � •. i �', � � I '. r 'Y A�IENDMENT TO LEASE AND JOINT USE OPERATING AGREEMENT �`� This Amendment, made and entered inko this day of , 1996, is made in accordance with ihe provisions of item 22 of the June 27, 1978 Lease and 7oint Use Operating Agreemern, hereinafter l�own as the "Agreement," by and between the City of Saint Paul, a municipai corporation organized and e�sting under the laws of the State of Minnesota, hereinafter refened to as "City" and Independent School District No. 625, e�sting pursuarn to Laws 1965, Chapter 705, as amended, and hereinafter referred to as "District" said Agreement to provide for City's lease of DistricYs land and construction and operation of improvements to said land at District's Groveland Park Elementary Schaol. WITNESSETH: The Ciry and District agree that all provisions of the Agreement shall remain in force with the following amended provisions: 1. The City desires to lease an additional portion of the Groveland Park Elementary School site. The District does herewith demise, lease and let unto the Ciry, in consideration of a payment of one (1) doliar and the performance of all other provisions of this Agreement, for a term of twenty-two (22) years, expiring June 27, 2018, additional property at the Groveland Park Elementary School as shown on E�ibit C attached hereto and legally described as "that part of vacated Kenneth Street accruing to Lot 1, Block 7, Underwood's Third Addition" which together with the Building Addition and improvements constructed thereon, shall hereinafter be known as "Additional Premises". 2. The City herewith covenants and agrees that it will use the Additional Premises for the erection and construction of an addition to the existing City's recreauon building at the Groveland Park Elementary School. All costs associated with the construction of said addition shall be borne by the Ciry. 3. The City shall indemnify and save the District harmless from any and all claims of whatever kind that may arise from the City's construction of the improvements. It shall further be required that during canstruction the Ciry require its contractor(s) to insure against all liability created as a result of said construction and that the Disuict be named in the insurance and perforinance bond flocuments as additional insured. 4. Clause No. i(page 2 in the original agreement) is modified as follows (underlined): 1. The District shall have access to and exclusive use of its facilities, its grounds and access to the City's building addition and grounds, except the Additional Premises and the Recreation Center Director's office durin,� the regular normal school hours of the school Year- This shall be extended to include the use of its facility and grounds by the District for such special education activities that occur after the regular normal school hours or school year (such as Parent Teacher Student Association, summer school and other programs). q�1-�3�t The District shall also have access to the use of the City's Building Addition and grounds by applicaflon for permit and approval by and through the City's Permit process. 5. Clause No. 2(pages 2-3 in the original Agreement) is modified as follows: 2. The C� shall have access to and exclusive use of the City's Additional The City shall have access to and exclusive use of the City's Building Addition and grounds, and access to the School DistricYs building and grounds, Monday through Friday from the end of the schooi day to 10 p.m. throughout the school year and from 9 a.m. to 10 p.m. on Holidays, Saturday, Sunday, Winter Break, Spring Break, and during summer vacation. The City shall also have access to use of the District's school building and grounds by apglication for permit and approvai by and through the District's Permit Office. Said permit will identify the spaces authorized for use, the term and conditions based on the Board of Education's current policy for use of school facilities by community organizations. The District shall, afker the City's activities have been satisfie3, have first priority in the use of the City's Building Addition. 6. All references to City's Building Addition and grounds in the Agreement shall include the Additional Premises. IN WTTNFSS WHEREQF, the parries have caused this Amendment to be executed the day and year first above-written. APPROVED AS TQ FORM: ` /z2� .r��1 "\ � Assistant ty Atzorney APPROVED AS TO FORM: CTTY OF SAINT PAUL B �! Director, Department of Finance and Management S@rvices �G • Superintendent Puks and Recreation B lG ���� Mayor or Mayor's Assistant INDEPENDENTSCHOOL DISTRICT NQ. 625 District General Counsel By � . i�.t' �a.aJ a.urtijr t ...� ....-.., �.. ` ._.. �.;�-1�_ -r -�- + ��--���- �7 -= � ---------- v � �.,_- — - - - --- _� ----- � --- ^_/�v� � — — ,�_ .__ _�__�__ti �v r_«_�__________ i♦ f.___ � � _ l T;""_� 'I' S r lii s W N T c � ��'e l � � N � � �ii F � 1 �i - �� ��i� i y - 1 ' h - �� lii � � I �i� - � � ��� I � � � � '�� � � i i' iUt O � 1 p '_'__'" � 123.9�� i\ � u i �ii I i I � � il �i� ' T � � I� • ' _ O i j i ii Z � ; _ ' -C �t ,��. r �t. i ;1 �s � �! i�� , � �� � �r� +; ,� ,� �� v �I � �I p �a � �� �I i �, �;�; � � � " ,�v ' ��.. � � � �, „� 1 :� � � o� o ; � � � � . � � �, � , � _ � � r � I I � � �______�:: -�:--�- � � - ------, � � 2 'U 0 ,� �; I; I� li ,� ; ,; i il i ' i i� i� i �1 i �I I �1 � �1 i i � i if �� i i' �; - L ,� > 'i i � .. : ,r _ � ,� �� � � � � � �, ;� � ., � z� � L V ��� o � � � o . � � � �t 3!1 � il Q_ � � .0 ^ �� � il O '� � �. � ' � � � � � � I � � . d�-�. �c� Q � � ; � �i i ibl�� � g� � .� 9i1 � � � T � 1I . O �� -�� � � m s_� �i fA" � ° ii Z �!' � �y ` i .� . � � t��A ° il , � �'' ; i --i - � i o °� ��'` ; , � � � r � F I� v I p� � 1 s i �Ext���ir c. -_ -=av�� - .. E�� ���� ��'� ���� N a , il _ �o �, _ �; , , �- i �= '' . li �� � ,; � �- �. i�� � i; i� i��� i � b- i� i , � �� � �I i;� � � v I i cr_' �- ------------------ � e BJpt 37 PLANS \ s j T � •--- {i � W N ss;i �i ,, � � a� — �' — �i ,, �;, . ; — � o _;, i ;' � ,t • w $ �o � i il t� i f9 v �: � � � V �i � •_...... ' � , _....' I ; "'..,. � i � � : � .... ��i � ;� i : ,� i , j m rn �� I i � i � '� f a' � � �� � � ;�� �I i `8 N � y i � t �S � � f i� I 8 � � N W �� I . ; ^,+ � i ;; i ; N �� i f9 W N �� � i� � F V N � V m ij I - a � ��I - '�1 � i�_iY �� �a �3 u� � � _ � . � � � � �� � � ' � � l�\ � � � � � � � � � � � � � -� (� � � � � O � Z � .. . L i � „ ; � � �� _� _. _ � � _T - t4.e•� M.s� � �,.ur�,�s'' .,,,� , �«:,�.. �.;. .__.__ ��l —1�_ _� _ -- �� � `�---`-_ ---r7__��------�i' j ��'---- —;-�V� .:—��C�#��.a� � . i � ,� � N � �S ;i c �� : � �?� � i t23.s7• i1 � � �� F "' i . i� i —'� p �i �� � t0 i� \ �� w I� II� j� v �� I� �� � �� 1� 21a � 1 � i� il \ tn �I i� v .o� a i I �� �� • �I i i� o��� i� g il g� � � f u i� l__ _.i� �____.�.����._�' r�.��.�_.��11 ------------- � ; _ � �! ;� ,, , ,, ;, �� I' I i� i� i� , �, �� , �, �; �� �; �,___ r _�----- ��� ' �,� ti�� i' � li�� 3: �r -- --- �--- — -----=,� - . �c� —��� t�2t t Page 2 of 7 pages YPe of £aeility or �y lawful recreational use as agreed up� by the parties nereto �d �� it is mutu�Z13, $greed b a request to te 9 both parties that either party may initiate iminate said Iease by giving written notice to the other htmdred sixtp-five (3b5) g yys party three prior tv ��celZatioa or ter�qnation to whicfi botfi must mutuallq agree, �d - parties �E��. tfie Ctty and the District desire to enter into a joint use of facilities and grounds agreement for the Purpose of providing Community Education, Cfty Recreation , P rOSrams and Schoo2 Distrtct Edvcation and ghysical Education Programs; . NOW, THggggQ�� in co nsideration of provided for the the mutual bene£its and advanta mutual �oy�� � ro Ses hereinafte p �ses hereinafter set forth District do herebp agree as Pollows: . City and School 1• The District shali have access So_the exclusive use of its facilit 8rovnds and access to the Citp'S guildin y> its school hours af 8 Addition and grounds during the re the school year,__�ys Shall be gular n aBa grotmds b extended to include the use og its facili Y the DisCrict for such special edu regular no cational activities that occur after the zmal scIiool hours or School year (SV� as parent Teacher Studeat Association, S�er school and other p ro$r � s), The City shall, afier the educational a ' `irst prg ctivities have been satisfied Y in the use of the school faciiit . have iaks, play areas y' This shall include the City's ice , and wazming Zoam. 2 • T�e City shall have access to and the exclusive use of the C3ty's Building dition and grounds, �d access to the Schooi D3striGt's building and grounds -ough Friday from the end of Yhe S , Monday- chool day to !p p,m, throughout the school m 9 a.�, to IO p, an golida ps, Saturda Year and Cn Su y' S�day, W1nter Break, Spring Break 8 mmer Vacatioa, �e City shall also have . and ol Bui2din access to the use of the Districts g and grounds bp application for pern�it and appraval by and through the rict's Pe�t Office. Said Permit will identify the spaces authorized for use, the and the conditions based on the Board of Educations current policy for use of � ' - �t� -t��t Page 1 of 7 Pages LE:ASE AND JOINT USE OPERATING AGREEMENT TI3ZS AGREEMENT, da�ed this 27tr_ �as, of Jime . , 1978, by and between the CITY OP SAINT pAiTL, MIN,iESOTA, a municipal corporation organized and PTj. sting under the lavs of She State af Minnesota, hereinafter referred to as "Citq", and I2IDEPE23UENT SCHOpL DIS�tICT N0. 625, existing pursuant to laws 1965, Chapter 705, as amended, hereinafter referr=_d to as "District", WITNESSETH: - 67HEREAS, the Distri�t is the owner of certain real propertp knowa as Groveland Elementary SChool which is =.�ocated within the corporate lisnits of the City of St. Paul, and WHEHEAS, said progerty is Iegally described as a21 of Lots 1 thru 24, Block 7, Undenaood's Third Addition, and the west 24 feet of vacated Kenneth Street, adjoining Elock 7, and WHEREAS, the City desires to lease a portion of_the Groveland Elementary School site; which is more particularly described as the north 118.3 feet of Lots 1, 2, and 3, Block 7, Underwood's Third Addition for the purpose of erecting and constructing a Building Addition to the existing schoo2 building, which includes the following: Gymnas:um, Office, Restrooms, Locker Room, C=aft Room, Riln Room, Kitchen and,Storage Rooms and - - - �'HEREAS, the District does herewith demise, 2ease and let imto the City, in consideration af a payment of one (1) dollar and the performance o£ all other provisions oF this agreement, for a term of forty (40) years co�encing ,��e 2� 1978 � and k*HEREAS, the District covenants that it has good and sufficient title to the Premises, and WfiEREAS, the City hezewith covenants and agrees that it will use said premises £or the purpose intended, to-wit: the erection and construction of a Building Addition to the existing Groveland School Building and such related uses which would be co�on to . , , ' . °l'? -13 `� •:.. Page 3 of 7 Pages school facilities by community orgaaizations. The District shall, after the City's actfvities hace been satisfied, have fizst priority in Yhe use of the City's Gymnasium Building Addition. 3. Zf additional fiours of vse are needed for any part of the Citq's Building Addition andjor the School Facility or grounds by either the City or District, a written notice must be given seven (7) days prior to such need or use bp the zequesting party to the approprfate party in charge (District - School Principal) (City - Aecreation Director) vith both parties mutuallp agreeing to the change in hours. 4. The City shall indemmi£y and save the District hazmless from any and all claims of whatever kind that map arise from the City's use of the District's Suilding and Grotmds and during constructian of the City�s Building Additioa. It shall further be required that during constzu�tion af the City's Gynnasium Building Add3tion that the City require its contractor to insure against damage to the School Districts building, grounds, utilities and any other liability created as the result of said construction and that the District be named in the insurance and performance bond docvments. The City sha1Z also inde�ify and save the District haimless from any and all claims resultin from inproper design or construction failure. 5. The District shall indemnify and save the City harmless from any and all claims of whatever kind that may arise from the District's use of the City`s Building Addition and orounds. 6. The District shall be responsible for all maintenance, repairs and house- keeping for the interior and exterior of the Schaol Building. 7. A. The City shall be responsible for all ordinary grounds maintenance on the total Groveland site. This shall not include c�eed control or £ertilization. The City shall also be responsible for all perimeter snow and ice removal or sanding, including the Yarking Lot and Drivecsaps, vith the District responsibZe for snow removal on sieps and valkways Ieading to the pnblic sidewalk. Snow removal shall take place after each accumulation of more than twp f71 ipnh�� " ' :f 7. (continued) af snow. `�t r t -1 3 �-( Page 4 of 7 Pages B. The Citp shall participate i.n the cost of major repairs to the District�s mechanical and electrical systems as defined in exhibit "A" attached and being a part of this agreement wkich provide energp to the City's Gqmnasium Building Addition_ This will be pro-rated on a percentage, based on the square footage of ihe Building Add3tian used by the City. C. The City's Building Addition vil! be provided with the District�s central monitoring-station,:�ntrusion.and�ire mon�*�r;ng services on a twenty-four S24)_hour basis three_himdred_sixty-five (365) __ days per year. D. The District sfiall place equipment far and provide for the removal of alI solid waste generated by the City's and District's nse of said site and facilities. E. The District shall.be responsible for all regular building -- maintenance as defined in e�ibit "B" attached and being a gart of this agreement-tor the _City's Building Addition interior and exterior. F. The District shall be responsible for providing all custodial engineering and housekeeping services fer the CiCy's Building Addition. G. The cost of energy and utilities as same concerns the City's Building Addition for gas, fuel oil, electric, water and sewer shali be shared by the Citp. The Citp shall pay 67 per ceat of said costs and the District shall pap 33 per cent of said costs. H. The District shall insure the City's Buildiag Addition and its contents for liability, fire and comprehensive coverage £or which the City will share the cost_ _.. 7• (continued) °l`1-13y Page 5 of 7 Pages Z. The City shall be zesponsible for all majot kinds of building maintenance sucfi as renovation, remodeling, replacement or repair of the Building Addition, including re-roofing and re- flashing repairs, repainting interior and e�cterior, tuck pointing, plumbing, severs interior and e�cterior, mechanical equipment, electrical equipment, etc. or major repairs to same. 8• On a semi-anaual basis, the City and District shall mutuallp 3dentify the costs incurred by each party for Items "A" through "I" in Item No. 7 for•the past si�c (6) month period with the City paying 67 percent of said costs and the District paying 33 percent of said costs, unless otherwise mutually agreed to by both parties in writing. 9. In the event the District or City, or hoth parties, shall determine to discontinue their use of the Groveland School, Building Addition or site,`said action shall be pursuant to Baazd Policy File DD-R, as adopted by the Board of Education on May 17, 1971, and pursuant to Coimcil Resolution, No. 268764,,-as adopted by the St. -• - - Paul City Council on May 21, 14�Z I0. The City and District shall mutually agree on and install signs in the Citp's Buflding Addition indicating the kinds of clothiag and equipment which shall be prohibited within the bui.lding. 11. The City's Recreation Director or his designee shall provide fuil time supervision for all of its programs at all times. Said supervisor shall be responsible fot surveyiag the condition of the building(s) 6oth interior and exterior each day prior to coamencing with the Citp's program or programs and shall ideniify and report to his supervisor oa a daily basis any and a12 damage to said building(s) or equipment which occurs while in the Citp's use. 12- Tiie District's Bullding Principal or his designee shall provide full time supervision for all school pzograms at all times. Said Building Principal or his designee shall he responsible for surveying the conditian of the building(s) both L �t � -1 ��E Page 6 of 7 Pages interior and exterior each day prior to commencing with the District's program or �rograms and shall identify and report to the Executive Dizector of Plant Planning and Maintenance on a daily basis any and a21 damage to said building(s) or equipment which occurs vhile in the District's use. 13. The City of istrict sha12 be responsible for the costs to repair or replace any damage to the building, groimds, £umishings or equipment which occurs while said facility is tmder their control or use. 14. The District's School Building and Grounds shall at all times be under the responsibilitq of the School Administrator (Principal) or his designee. 15. The City`s Building Addition and Groimds shall at all times be under the responsibility o£ the Recreation IIirector or his designee. 16. The Recreation Director in charge of the City's program(s) or his designee shall be required to phone_Central Security when opening and closing the facility. 17. The City shall be responsible for the policing of the District's grocmds being used so that same will be returned in the same condition as it was prior to the use of said grounds. 18. All parties shall abide by all such rules and regulations mutually agreed on and establfs�ed bp either party or bp governmental regulations current and £uture to insure safe, sanitary, fire and health protection to all persons. I9. The District shall be responsible for the policiag of the City`s grounds being used so that same will be returned in the same condition as 3t was prior to the use of said grounds. 20. Any improvements or alterations affecting the District's facilities or grounds shall require approval by the Executive Director of School Plant Planning and Maintenance. 21• Any improvements or alteratioas affecting the City's Building Addition or grounds shall reqnire approval by the Superintendent of Parks and Recreation. 22. The proper authorized District and City administrative personnel responsible for the administering of this agreement are herewith authorized to make amendments to `� , " �� -i�� ... . Page 7 of 7 Pages the Joint IIse Operat3ag Agreemeat subject to mutual agreemeat by both parties, and further subject to the review aad approval by legal council of both the Dis[rict and tfie City. It is further coaditioned that no amendment(s) shall be made ta the lease portioa of this agreement vithout approval of the governing bodies of both the District and the Citq of Saint Paul. IN WITNESS WHEREOF, the parties have set their hands the date f3rst written above. CITY OF SAINT PAUL By: APPROVED AS TO FORM: City Clerk O rector, Aept. of Finance and Management Services ���- IZ . ( 1 • �Ql.u-> . -��-1 � , a� � .� � / � Board At ey Diiector !o� Co�nity`Sa INDEPENDEI3T SCHOOL DISTRICT N0. 625 � f � ''_" '----- By i. i�_t L.:� is�::�_L�L.���•��- Chairperson / / t - f,'� , � r' l��' �!��'�. �� `� Treasurer -�� APPROVED AS TO FORM: , .,� � �iszz .,A., THE CITY SHAI.L PARTICIPATE IN THE COST OF Ml1JOR gEpAIRS T(3 TSE FOLLOWING: BOII.ER BIIRNER HEATING S VENTZLATION CONTROLS AIR HANDLING EQUIPMENT MAIN ELECTRICAL SERVICE HIGH VOLTAGE DISTRIBUTIOIi SYSTEM �� -13L{ � i • 4 � �� -1 �`� �isix •�&,• The Disirict sha11 be responsible £or all zegular building maintenance as herein defined: Hardware --Door Locks, Closets, Door Bumpers, Window Locks and I.ifts. Electrical - Fixtures, Recepticals, Switches, Timers, etc. Plumbing - Faucet Washers, Flushometers, Leakage, Clogged Drains, Fixture Replacement. ' Floors - Tile, Base, Carpeting. Ceiliag - Tile Fire Alarm System Zntrusion System Plaster or Sheetrock Temperature Controls Replace Filters in Heating and Ventilating Units A ����SfY�� RESOLUTION CITY OF SAWT PAUL, MINNESOTA Presented By Referred to Committee: Date 1 RESOLUTION DIRECTING THE DIVISIQN OF PARKS AND RECREATION TO 2 AMEND THE JUNE 27, 1978 LEASE AND JOINT USE OPERATING AGREEMENT 3 BETWEEN THE CITY OF SAINT PAUL AND SAINT PAUL PUBLIC SCHOOLS FOR 4 GROVELAND RECREATIQN CENTER. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 WHEREAS, Saint Paul Public Schools is the owner of certain property known as the Groveland Park Elementary School site which is located within the corporate limits of the City of Saint Pau1, and WHEREAS, The Ci�� of Saint Paul currently leases a portion of said Groveland site, legally described as " the north 118.3 feet of Lots 1, 2 and 3 Block 7 of Underwood's Third Addition ", for City's Groveland Recreastion Center Building, and WHEREAS, The City desires to lease additional land contiguous to the currently leased area, legally described as " that part of vacated Kenneth Street accruing to Lot 1 Block 7 Underwood's Third Addition ", for construction of an addition to City,s Groveland Recreation Center Building, and WHEREAS, The City has approved funding for said building project and desires to amend THE LEASE AND JOINT USE OPERATING AGREEMENT to enable the project to proceed, council File # � � - � 3'`� Green sheet # 3 � � \.9 ' L r:� • 21 22 23 24 NOW, THEREFORE BE IT RESOLVED, that the Council of the City ��, u t of Saint Pau1 directs the proper City officials to enter into an amendment to the June 27, 1978 LEASE AND OPERATING AGREEMENT with Saint Paul Public Schools for the Groveland site. oR����AL Requested by: Adopted by Council: Date ��q Adoption Certified by Council Secretary BY 1- � rr—��. Approved by M� Date: Z�� �`�� BY: ✓ liri` W�4 l/'� Division f Parks Recreatiot By:; � -� .r �'PP Approval Recommend,�d 7�y Budget Dire or: E� � �. By: Form Approved by City�orney i, BY � �L1-tGG� � � •v-a.i / Approved by Mayor fo�r Submission to Counc`�Y _ c ( � 2 � v J I/3A $y: IlfO� � `�Z-13� • � � � � �i �� �- � � � This Amendment, made and e�tered into this day of , 1996, is made in accordance with the provisions of item 22 of the June 27, 1978 I.ease and Joint Use Operating Ageement, hereinafter known as the "Agreement," by and between the City of Saint Paul, a municipai corporation organized and existing under the laws of the State of Minnesota, hereinafter refened to as "City" and Independent School District No. 625, existing pursuant to Laws 1965, Chapter 705, as amended, and hereinafter refened to as "DistricY' said Agreement to provide for City's lease of District's land and construction and operation of improvements to said land at District's Groveland Park Elementary School. WITNESSETH: The City and DistricY agree that all provisions of the Agreement shall remain in force with the following amended provisions: 1. The City desires to lease an additional portion of the Groveland Park Elementary School site. The District does herewith demise, lease and let unto the City, in consideration of a payment of one (1) dollar and the performance of all oiher provisions of this Agreement, for a term of twenty-rivo (22) years, eapiring June 27, 2018, additional property at the Groveland Park Elementary School as shown on E�ibit C attached hereto and legally described as "that part of vacated Kenneth Street accruing to Lot 1, Block 7, Underwood's Third Addition" which together with the Buiiding Addition and improvements constructed thereon, shall hereinafter be known as "Additional Preauses". 2. The City herewith covenants and agrees that it will use the Additional Premises for the erection and construction of an addition to the existing City's recreation building at ffie Groveland Park Elementary School. All costs associated with the construction of said addition shall be bome by the City. 3. The City shall indemnify and save ffie District harmless from any and all claims of whatever kind that may arise from the Ciry's construction of the improvements. It shall further be required that during construction the Ciry require its conttactor(s) to insure against all liability created as a result of said construction and that the District be named in the insurance and performance bond documents as additional insured. 4. Clause No. 1(page 2 in the originai agreement) is modified as follows (underiined): 1. The District shali have access to and exclusive use of its facilities, its grounds and access to the City's buiiding addition and grounds, except the Additionai Premises and the Recreation Center Director's office. during the rewlar no�nal school hours of the school�ear. This shail be extended to include the use of its facility and grounds by the District for such special education activities that occur after the regular normal school hours or school year (such as Parent Teacher Student Association, summer school and other programs). .,.� `�` `lrZ -\�'{ The District shall also have access to the use of the City's Building Addition and grounds by application for permit and approval by and through the City's Permit process. 5. Clause No. 2(pages 2-3 in the original Agreement) is modified as follows: 2. The Citv shall have access to and exclusive use of the City's Additional Premises Sunda�thrc�ugh Saturda�from 6•00 a m to 1U:00 p.m. vear round. The City shall have access to and �clusive use of the City's Building Addition and grounds, and access w the School DistricYs building and grounds, Monday through Friday from the end of the school day to 10 p.m. throughout the school y�r and from 9 a.m. to 10 p.m. on Holidays, Saturday, Sunday, Winter Break, Spring Break, and during summer vacation. The City shall also have access to use of the DistricYs school building and grounds by application for pernut and approval by and through the DistricYs Permit Office. Said permit will idenfify the spaces authorized for use, the term and conditions based on the Board of Education's curnnt policy for nse of school facilities by community organizations. The District shall, after the City's activities have been satisfied, have first priority in ffie use of the City's Building Addition. 6. All references to City's Building Addition and grounds in the Agreement shall include the Additional Premises. Il3 WITNFSS WE�REOF, the parries have caused this Amendment to be executed the day and year first above-written. APPR�VED AS TO FORM: o �: Assistant i Attorney APPROVED AS TO FORM: CTTY OF SAIlVT PAUL By. � Director, Department of � Finance and Management Services U� � Superintendent o Pazks and Recreation By: �� � � Mayor or Mayor's Assistant INDEPENDENT SCHOOL DISTRICT NO. 625 By District General Counsel .__ _. _ Mp__ ���� 9�-1�u � DEPAq7MENT/OFFICFJCOUNCIL pATE1NITIATED GREEN SHEE 1 � 361 19 Parks & Recreation iNiTi�wAr� - - iNmumnr� CONTAGT PEWSON 8 PHONE � DEPAHTMEM D�RECTOfl � CITY CAUNCIL Vince Gi11es ie 266-6408 ��"' � cmarroeNer O CIfYCLERK NUYBER WR MUST BE ON COUNCIL AGENOA BY (DATE) R��� DGET DIRECT � FlN. & MGT. SERVI(�S DIP. �' 1 a^ �� oxoEa navoa toa nssiss � 8R TOTAI # OF SIGNATURE PAGES (CUP ALL LOCA710NS FOR SIGNATURE) ACiION flEIXlE5fED: Approve an amendment to the joint use agreement with Saint Paul Public Schools for the Groveland Recreation Center bnilding addition. RECOMMENOAA710NS: approve (aI a Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWEH TXE . UESTIONS: _ PLANNING COMMISSION _ CML SERVICE COMMISSION �� Has ihis persoMirm ever wmketl untler a contract fm Mis . � _ q8 COMMrTfEE _ YES NO 11 A�� z. Has this persoMfirtn eve[been a cRyemployee? Ll�� �� ��Yl� — — YES NO a _ DlSttiICT COUH7 _ - 3. Ooes this persoNfirm po5sess a skill not Mrmally tl by dm/ curte�t � cily employee. SUVPORTS WNICN COUNCIL OBJECTIVEI Yes No ���`J QF�!C'E Expisin all yes answero on seperate sheet antl attacb to green sheet INfT1ATING PflQBLEM. 15SUE, OPPORTUNITY (Who. What. When. Where. Why): The City and School District have a joint use agreement for the facility, an amendment to the agreement is required so that a new �1���1}can be constructed. JAN 09 1��7 ��� ADVANTACaES IF APPROVED: . . Construction of the addition wi11 be approved by the 5aint Pau1 Public Schools. � � ��C����� DiSAWANTAGE5IFAPPRWED. , ' - � • ����� �,��� � � DEC 12 19�& None ���:;r�;� �.,�.,.., � �- ��ro. �t;c� � �� ���a CITY �� R EY m._..�z�..._h�.�� ..�� DISAOVANTAGES IP NOTAPPROVED; The addition will not be approved by Saint Paul Public Schools. TOTAL AMOUNT OF TRANSACTION $ NA COST7REYENUE BUDGETED (qRCLE ONE) YES NO FUNDIHG SOURCE ACTIVITY NUMBEA FINANqAL 1NFORMATION. (EXPIAiN) -- __�, — i --- = � r_' --. _ -- �� — ------� ^ I N i �; ---t— �, � � N N 6? I �i � ,; � N � �i M I �i N i � � �i i °, I I' � � P j i N ! 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I� I � � i;� 'i .. � I' � i i � � i i I V .t8'£21 � I � -- --- - -Q i i i � O �Ai i� � y'u I _ I �i '� ii± I � iil • li � i �� i ii � � �--, 53��� I� ^ � i iil �� « i�i � i Q�i� 1�Q N M � oi� I ; ' '�� 1 ^ ,� ' i�� � T J N M � ii� � p . � . � . ii� ♦ � `' � � J' I • -----�1 �� • _ � �_ ^ �' r 1 �_ _� � �` ' �1 __J��� �_��l� J'L-�� ��"���_ �� ���'.r m_»� . nr I .C�� ./Q'YY .0'YY .9'YI hl.,\ .., .: `� - Z �'j �� a ; �,g ,:,�...: � � , � ,� O � V �� � �� � '�.� p � � � 8 � �p _ � .�� � �:.� . �. ��� 00 � >"' , � -�'. ,� ,. ° �`� � �' ��-' `� � � � , �. � �.�. � J . :� � � � �, .. � � � - ,• � � � � , � . � C� �,. u �..� Q s� w �' � � � U .� �� . p �.' �. � � I �. � r� ' i . 1 ^ �� ��-�3y I_�ui ►If ul ►Y IL�j��.`�j�]I���ij.`�fT��:7_ YIr • 1 This Amendment, made and entered into this day of , 1996, is made in accordance with the provisions of item 22 of the June 27, 1978 Lease and 7oint Use Operating Agreement, hereinafter known as the "Agreement," by and between the City of Saint Paul, a municipal corporation organized and existing under the laws of the State of Minnesota, hereinafter referred to as "City" and Independent School District No. 625, existing pursuant to I,aws 1965, Chapter 705, as amended, and hereinafter referred to as "District" said Agreement to provide for Ciry's lease of Disuict's land and construction and operation of improvements to said land at District's Groveland Park Elementary Schooi. WITNESSETH: The Ciry and District agree that all provisions of the Agreement shall remain in force with the following amended provisions: 1. The City desires to Iease an additional portion of the Crroveland Park Elementary School site. The District does herewith demise, lease and let unto the City, in consideration of a payment of one (1) dollaz and the performance of all other ptovisions of ttris Agreement, for a term of twenty-two (22) years, expiring 7une 27, 2018, additional property at the Groveland Park Elementary School as shown on E�ibit C attached hereto and legally described as "that part of vacated Kenneth Street accruing to Lot 1, Block 7, Underwood's Third Addition" which together with the Buffding Addition and improvements constructed thereon, shali hereinafter be known as "Additional Premises". 2. The City herewith covenants and agrees that it will use the Additional Premises for the erecrion and construction of an addition to the e�sting City's recreation building at the Groveland Park Elementary School. All costs associated with the construction of said addition shall be bome by the City. 3. The City shall indemnify and save the District harmless from any and all claims of whatever kind that may arise from the City's construction of the unprovements. It shall further be required that during construction the City require its conuactor(s) to insure against ail iiability created as a result of said construction and that the District be named in the insurance and performance bond documents as additional insured. 4. Clause 1Vo. i(page 2 in the original agseement) is modified as follows (underlined): The District shall have access to and exclusive use of its faciliues, its grounds and access to the Ciry`s building addition and arounds, except the Additional Premises and the Recreation Center Darector's office. during the reaular normal school hours of the school �ar. This shail be extended to include the use of its fac3lity and grounds by the District for such special education activities that occur after the regular normal school hours or school year (such as Parent Teacher Student Association, summer schooi and other programs). `��t-�3� The District shall also have access to the use of the City's Building Addition and grounds by application for permit and approval by and through the City's Permit process. 5. Clause No. 2(pages 2-3 in the original Agreement) is modified as follows: 2. The Citx shall have access to and eacclusive use of ffie Cit Additionai Premises Sunday thxoygh Satur�ay from 6•W a m to 10•00 n.m. vear round. The City shall have access to and exclusive use of the City's Bwldmg Additron and grounds, and access to the School District's building and grounds, Monday through Friday from the end of the school day ta 10 p.m. throughout the schooi year and from 9 a.m. to 10 p.m. on Holidays, Saturday, Sunday, Winter Break, Spring Break, and during summer vacation. The City shall aiso have access to use of the District's school building and grounds by application for permit and approvai by and through the DistricYs Pernut Office. Said permit will identify the spaces authorized for use, the term and conditions based on the Board of Education's current policy for use of school facilities by community organizations. The District shall, after the City's activities have been satisfied, have first priority in the use of the City's Building Addition. 6. All references to City's Building Addition and grounds in the Agreement shall include the Additional Premises. IN WITNESS WI�REOF, the parties have caused this Amendment to be execut� the day and year first above-written. APPROVED AS TO FORM: � ��u = � �.-.ie� Assis t ity Attomeq APPRQVED AS TO FORM: CITY OF SAINT PAT3L By: Director, Depazhnent of Finance and Mana ement Services x � Superintendent of Pazks and Reereation By: �, !l✓ �'1�1� Mayor or Mayor's Assistant INDEPENDENT SCHOOL DISTRICT NO. 625 District General Counsel � � � - I I�-�wsrs '_ ' = =1 � i - R ry I li�� � � �ii� � I I �' � � 9t !t :,i � � i � . - �—ei�vs+�o'------� ------------�� �'� ..�...�� N�. ��.�� N I N I ii �� � �i M N il i�� N I Qi� � �; ;i ��� � �i � I; °' � N Q � � j i i � —. _;�...._., � i �; � � ��i �;� �i � i '� `a °' 'i ,, � i �, ! � i � ' ' �I � i �..., � i�Q .. � 6i il i �� ...�.. ....., ; � � �' il I i � �� ti � Q i� �, i� I � �� i� rn � � Q;i i; �i i� i i; o � �i i;� _ ^ ;i �i il - = ��i i; �i Ii53 N M ��� , ; �i ---�----------- � ----------'r---; il � � N� S�N�d L£ H�OB � �� � N I � ..__'�__'�'�"_"'_"__'�'_x1 � � VA "'__"_'__` e 1 ( � j ' f'" I � ' i C v' { O i I i;� N � �i � � �� � i � ,� i� ��� � ,�i i � y '; i : „� � � N l , I1� � : ' i � � �•• .... — i ' ii� i '•�... � I i ii� ' ..,,� t' � ...� iil I i � iil i� i i �O � ��� � ii � � i ii� i i�l ' 'I I i ti � ' '� { 1 � � 1� � I �� � � �� � 11� � t I I � I � I�� ' � � I I ( � 11� ��� � O tAi i i � � � iil I � i ��� I � ^ � i � iil I ' � iil : . I i' � r � N M � ii� � � ----�-- ---- � --------�'l� -- � — �/�1/` -- .� , ,•--, � C 7 F' �1 J li ' _ � i I+ � V � i � N u, ,� � � � _�` � :- , � � �. °i s � 0 0 � � �.��L�C._____ � "`__ '__ 1 . �i..�___�'�' _; � � � �� � i� i� �-�,� i� � N � j °a � 2 � a �� �� w i ` I� g N I� �� g $s li I j t� R � �� li � �I N� �I I� ♦ 1 � �� �1 O I1 �� + �� � � ^ {� 1 �� .L6'£ZI " iiQ �� li i I� N L� , .. 1� Q ^ M ��' I I ---'� � ��'-------� ----J' �41. 1$ ---�� ----1�_'� I �. �� = �\ �.(_)_��J__�����.�1� I �� , � '�___ � •_ '_��_��_ ����^ �.� --�� � -�� ���'+ m_v�i i•r .CE� ./0'YY .0'K .9'til . .... , ��'� ,11 QI i N X� r �1 - Z . . • . . � O . � i � � '� , � g ...;�,..;,., �� _� � �� �� �F � �.� p � � � g �..�p � �. � � � � � `r � 0 0 � �" .:� '. � � ° � � �" �--� � � � � '� � � � �� � � � ., � � � �. � � .. � '. � .,� .� J � � w � �' � � �� ` Q � �. � . U �.� � � �. � � � ; � •. i �', � � I '. r 'Y A�IENDMENT TO LEASE AND JOINT USE OPERATING AGREEMENT �`� This Amendment, made and entered inko this day of , 1996, is made in accordance with ihe provisions of item 22 of the June 27, 1978 Lease and 7oint Use Operating Agreemern, hereinafter l�own as the "Agreement," by and between the City of Saint Paul, a municipai corporation organized and e�sting under the laws of the State of Minnesota, hereinafter refened to as "City" and Independent School District No. 625, e�sting pursuarn to Laws 1965, Chapter 705, as amended, and hereinafter referred to as "District" said Agreement to provide for City's lease of DistricYs land and construction and operation of improvements to said land at District's Groveland Park Elementary Schaol. WITNESSETH: The Ciry and District agree that all provisions of the Agreement shall remain in force with the following amended provisions: 1. The City desires to lease an additional portion of the Groveland Park Elementary School site. The District does herewith demise, lease and let unto the Ciry, in consideration of a payment of one (1) doliar and the performance of all other provisions of this Agreement, for a term of twenty-two (22) years, expiring June 27, 2018, additional property at the Groveland Park Elementary School as shown on E�ibit C attached hereto and legally described as "that part of vacated Kenneth Street accruing to Lot 1, Block 7, Underwood's Third Addition" which together with the Building Addition and improvements constructed thereon, shall hereinafter be known as "Additional Premises". 2. The City herewith covenants and agrees that it will use the Additional Premises for the erection and construction of an addition to the existing City's recreauon building at the Groveland Park Elementary School. All costs associated with the construction of said addition shall be borne by the Ciry. 3. The City shall indemnify and save the District harmless from any and all claims of whatever kind that may arise from the City's construction of the improvements. It shall further be required that during canstruction the Ciry require its contractor(s) to insure against all liability created as a result of said construction and that the Disuict be named in the insurance and perforinance bond flocuments as additional insured. 4. Clause No. i(page 2 in the original agreement) is modified as follows (underlined): 1. The District shall have access to and exclusive use of its facilities, its grounds and access to the City's building addition and grounds, except the Additional Premises and the Recreation Center Director's office durin,� the regular normal school hours of the school Year- This shall be extended to include the use of its facility and grounds by the District for such special education activities that occur after the regular normal school hours or school year (such as Parent Teacher Student Association, summer school and other programs). q�1-�3�t The District shall also have access to the use of the City's Building Addition and grounds by applicaflon for permit and approval by and through the City's Permit process. 5. Clause No. 2(pages 2-3 in the original Agreement) is modified as follows: 2. The C� shall have access to and exclusive use of the City's Additional The City shall have access to and exclusive use of the City's Building Addition and grounds, and access to the School DistricYs building and grounds, Monday through Friday from the end of the schooi day to 10 p.m. throughout the school year and from 9 a.m. to 10 p.m. on Holidays, Saturday, Sunday, Winter Break, Spring Break, and during summer vacation. The City shall also have access to use of the District's school building and grounds by apglication for permit and approvai by and through the District's Permit Office. Said permit will identify the spaces authorized for use, the term and conditions based on the Board of Education's current policy for use of school facilities by community organizations. The District shall, afker the City's activities have been satisfie3, have first priority in the use of the City's Building Addition. 6. All references to City's Building Addition and grounds in the Agreement shall include the Additional Premises. IN WTTNFSS WHEREQF, the parries have caused this Amendment to be executed the day and year first above-written. APPROVED AS TQ FORM: ` /z2� .r��1 "\ � Assistant ty Atzorney APPROVED AS TO FORM: CTTY OF SAINT PAUL B �! Director, Department of Finance and Management S@rvices �G • Superintendent Puks and Recreation B lG ���� Mayor or Mayor's Assistant INDEPENDENTSCHOOL DISTRICT NQ. 625 District General Counsel By � . i�.t' �a.aJ a.urtijr t ...� ....-.., �.. ` ._.. �.;�-1�_ -r -�- + ��--���- �7 -= � ---------- v � �.,_- — - - - --- _� ----- � --- ^_/�v� � — — ,�_ .__ _�__�__ti �v r_«_�__________ i♦ f.___ � � _ l T;""_� 'I' S r lii s W N T c � ��'e l � � N � � �ii F � 1 �i - �� ��i� i y - 1 ' h - �� lii � � I �i� - � � ��� I � � � � '�� � � i i' iUt O � 1 p '_'__'" � 123.9�� i\ � u i �ii I i I � � il �i� ' T � � I� • ' _ O i j i ii Z � ; _ ' -C �t ,��. r �t. i ;1 �s � �! i�� , � �� � �r� +; ,� ,� �� v �I � �I p �a � �� �I i �, �;�; � � � " ,�v ' ��.. � � � �, „� 1 :� � � o� o ; � � � � . � � �, � , � _ � � r � I I � � �______�:: -�:--�- � � - ------, � � 2 'U 0 ,� �; I; I� li ,� ; ,; i il i ' i i� i� i �1 i �I I �1 � �1 i i � i if �� i i' �; - L ,� > 'i i � .. : ,r _ � ,� �� � � � � � �, ;� � ., � z� � L V ��� o � � � o . � � � �t 3!1 � il Q_ � � .0 ^ �� � il O '� � �. � ' � � � � � � I � � . d�-�. �c� Q � � ; � �i i ibl�� � g� � .� 9i1 � � � T � 1I . O �� -�� � � m s_� �i fA" � ° ii Z �!' � �y ` i .� . � � t��A ° il , � �'' ; i --i - � i o °� ��'` ; , � � � r � F I� v I p� � 1 s i �Ext���ir c. -_ -=av�� - .. E�� ���� ��'� ���� N a , il _ �o �, _ �; , , �- i �= '' . li �� � ,; � �- �. i�� � i; i� i��� i � b- i� i , � �� � �I i;� � � v I i cr_' �- ------------------ � e BJpt 37 PLANS \ s j T � •--- {i � W N ss;i �i ,, � � a� — �' — �i ,, �;, . ; — � o _;, i ;' � ,t • w $ �o � i il t� i f9 v �: � � � V �i � •_...... ' � , _....' I ; "'..,. � i � � : � .... ��i � ;� i : ,� i , j m rn �� I i � i � '� f a' � � �� � � ;�� �I i `8 N � y i � t �S � � f i� I 8 � � N W �� I . ; ^,+ � i ;; i ; N �� i f9 W N �� � i� � F V N � V m ij I - a � ��I - '�1 � i�_iY �� �a �3 u� � � _ � . � � � � �� � � ' � � l�\ � � � � � � � � � � � � � -� (� � � � � O � Z � .. . L i � „ ; � � �� _� _. _ � � _T - t4.e•� M.s� � �,.ur�,�s'' .,,,� , �«:,�.. �.;. .__.__ ��l —1�_ _� _ -- �� � `�---`-_ ---r7__��------�i' j ��'---- —;-�V� .:—��C�#��.a� � . i � ,� � N � �S ;i c �� : � �?� � i t23.s7• i1 � � �� F "' i . i� i —'� p �i �� � t0 i� \ �� w I� II� j� v �� I� �� � �� 1� 21a � 1 � i� il \ tn �I i� v .o� a i I �� �� • �I i i� o��� i� g il g� � � f u i� l__ _.i� �____.�.����._�' r�.��.�_.��11 ------------- � ; _ � �! ;� ,, , ,, ;, �� I' I i� i� i� , �, �� , �, �; �� �; �,___ r _�----- ��� ' �,� ti�� i' � li�� 3: �r -- --- �--- — -----=,� - . �c� —��� t�2t t Page 2 of 7 pages YPe of £aeility or �y lawful recreational use as agreed up� by the parties nereto �d �� it is mutu�Z13, $greed b a request to te 9 both parties that either party may initiate iminate said Iease by giving written notice to the other htmdred sixtp-five (3b5) g yys party three prior tv ��celZatioa or ter�qnation to whicfi botfi must mutuallq agree, �d - parties �E��. tfie Ctty and the District desire to enter into a joint use of facilities and grounds agreement for the Purpose of providing Community Education, Cfty Recreation , P rOSrams and Schoo2 Distrtct Edvcation and ghysical Education Programs; . NOW, THggggQ�� in co nsideration of provided for the the mutual bene£its and advanta mutual �oy�� � ro Ses hereinafte p �ses hereinafter set forth District do herebp agree as Pollows: . City and School 1• The District shali have access So_the exclusive use of its facilit 8rovnds and access to the Citp'S guildin y> its school hours af 8 Addition and grounds during the re the school year,__�ys Shall be gular n aBa grotmds b extended to include the use og its facili Y the DisCrict for such special edu regular no cational activities that occur after the zmal scIiool hours or School year (SV� as parent Teacher Studeat Association, S�er school and other p ro$r � s), The City shall, afier the educational a ' `irst prg ctivities have been satisfied Y in the use of the school faciiit . have iaks, play areas y' This shall include the City's ice , and wazming Zoam. 2 • T�e City shall have access to and the exclusive use of the C3ty's Building dition and grounds, �d access to the Schooi D3striGt's building and grounds -ough Friday from the end of Yhe S , Monday- chool day to !p p,m, throughout the school m 9 a.�, to IO p, an golida ps, Saturda Year and Cn Su y' S�day, W1nter Break, Spring Break 8 mmer Vacatioa, �e City shall also have . and ol Bui2din access to the use of the Districts g and grounds bp application for pern�it and appraval by and through the rict's Pe�t Office. Said Permit will identify the spaces authorized for use, the and the conditions based on the Board of Educations current policy for use of � ' - �t� -t��t Page 1 of 7 Pages LE:ASE AND JOINT USE OPERATING AGREEMENT TI3ZS AGREEMENT, da�ed this 27tr_ �as, of Jime . , 1978, by and between the CITY OP SAINT pAiTL, MIN,iESOTA, a municipal corporation organized and PTj. sting under the lavs of She State af Minnesota, hereinafter referred to as "Citq", and I2IDEPE23UENT SCHOpL DIS�tICT N0. 625, existing pursuant to laws 1965, Chapter 705, as amended, hereinafter referr=_d to as "District", WITNESSETH: - 67HEREAS, the Distri�t is the owner of certain real propertp knowa as Groveland Elementary SChool which is =.�ocated within the corporate lisnits of the City of St. Paul, and WHEHEAS, said progerty is Iegally described as a21 of Lots 1 thru 24, Block 7, Undenaood's Third Addition, and the west 24 feet of vacated Kenneth Street, adjoining Elock 7, and WHEREAS, the City desires to lease a portion of_the Groveland Elementary School site; which is more particularly described as the north 118.3 feet of Lots 1, 2, and 3, Block 7, Underwood's Third Addition for the purpose of erecting and constructing a Building Addition to the existing schoo2 building, which includes the following: Gymnas:um, Office, Restrooms, Locker Room, C=aft Room, Riln Room, Kitchen and,Storage Rooms and - - - �'HEREAS, the District does herewith demise, 2ease and let imto the City, in consideration af a payment of one (1) dollar and the performance o£ all other provisions oF this agreement, for a term of forty (40) years co�encing ,��e 2� 1978 � and k*HEREAS, the District covenants that it has good and sufficient title to the Premises, and WfiEREAS, the City hezewith covenants and agrees that it will use said premises £or the purpose intended, to-wit: the erection and construction of a Building Addition to the existing Groveland School Building and such related uses which would be co�on to . , , ' . °l'? -13 `� •:.. Page 3 of 7 Pages school facilities by community orgaaizations. The District shall, after the City's actfvities hace been satisfied, have fizst priority in Yhe use of the City's Gymnasium Building Addition. 3. Zf additional fiours of vse are needed for any part of the Citq's Building Addition andjor the School Facility or grounds by either the City or District, a written notice must be given seven (7) days prior to such need or use bp the zequesting party to the approprfate party in charge (District - School Principal) (City - Aecreation Director) vith both parties mutuallp agreeing to the change in hours. 4. The City shall indemmi£y and save the District hazmless from any and all claims of whatever kind that map arise from the City's use of the District's Suilding and Grotmds and during constructian of the City�s Building Additioa. It shall further be required that during constzu�tion af the City's Gynnasium Building Add3tion that the City require its contractor to insure against damage to the School Districts building, grounds, utilities and any other liability created as the result of said construction and that the District be named in the insurance and performance bond docvments. The City sha1Z also inde�ify and save the District haimless from any and all claims resultin from inproper design or construction failure. 5. The District shall indemnify and save the City harmless from any and all claims of whatever kind that may arise from the District's use of the City`s Building Addition and orounds. 6. The District shall be responsible for all maintenance, repairs and house- keeping for the interior and exterior of the Schaol Building. 7. A. The City shall be responsible for all ordinary grounds maintenance on the total Groveland site. This shall not include c�eed control or £ertilization. The City shall also be responsible for all perimeter snow and ice removal or sanding, including the Yarking Lot and Drivecsaps, vith the District responsibZe for snow removal on sieps and valkways Ieading to the pnblic sidewalk. Snow removal shall take place after each accumulation of more than twp f71 ipnh�� " ' :f 7. (continued) af snow. `�t r t -1 3 �-( Page 4 of 7 Pages B. The Citp shall participate i.n the cost of major repairs to the District�s mechanical and electrical systems as defined in exhibit "A" attached and being a part of this agreement wkich provide energp to the City's Gqmnasium Building Addition_ This will be pro-rated on a percentage, based on the square footage of ihe Building Add3tian used by the City. C. The City's Building Addition vil! be provided with the District�s central monitoring-station,:�ntrusion.and�ire mon�*�r;ng services on a twenty-four S24)_hour basis three_himdred_sixty-five (365) __ days per year. D. The District sfiall place equipment far and provide for the removal of alI solid waste generated by the City's and District's nse of said site and facilities. E. The District shall.be responsible for all regular building -- maintenance as defined in e�ibit "B" attached and being a gart of this agreement-tor the _City's Building Addition interior and exterior. F. The District shall be responsible for providing all custodial engineering and housekeeping services fer the CiCy's Building Addition. G. The cost of energy and utilities as same concerns the City's Building Addition for gas, fuel oil, electric, water and sewer shali be shared by the Citp. The Citp shall pay 67 per ceat of said costs and the District shall pap 33 per cent of said costs. H. The District shall insure the City's Buildiag Addition and its contents for liability, fire and comprehensive coverage £or which the City will share the cost_ _.. 7• (continued) °l`1-13y Page 5 of 7 Pages Z. The City shall be zesponsible for all majot kinds of building maintenance sucfi as renovation, remodeling, replacement or repair of the Building Addition, including re-roofing and re- flashing repairs, repainting interior and e�cterior, tuck pointing, plumbing, severs interior and e�cterior, mechanical equipment, electrical equipment, etc. or major repairs to same. 8• On a semi-anaual basis, the City and District shall mutuallp 3dentify the costs incurred by each party for Items "A" through "I" in Item No. 7 for•the past si�c (6) month period with the City paying 67 percent of said costs and the District paying 33 percent of said costs, unless otherwise mutually agreed to by both parties in writing. 9. In the event the District or City, or hoth parties, shall determine to discontinue their use of the Groveland School, Building Addition or site,`said action shall be pursuant to Baazd Policy File DD-R, as adopted by the Board of Education on May 17, 1971, and pursuant to Coimcil Resolution, No. 268764,,-as adopted by the St. -• - - Paul City Council on May 21, 14�Z I0. The City and District shall mutually agree on and install signs in the Citp's Buflding Addition indicating the kinds of clothiag and equipment which shall be prohibited within the bui.lding. 11. The City's Recreation Director or his designee shall provide fuil time supervision for all of its programs at all times. Said supervisor shall be responsible fot surveyiag the condition of the building(s) 6oth interior and exterior each day prior to coamencing with the Citp's program or programs and shall ideniify and report to his supervisor oa a daily basis any and a12 damage to said building(s) or equipment which occurs while in the Citp's use. 12- Tiie District's Bullding Principal or his designee shall provide full time supervision for all school pzograms at all times. Said Building Principal or his designee shall he responsible for surveying the conditian of the building(s) both L �t � -1 ��E Page 6 of 7 Pages interior and exterior each day prior to commencing with the District's program or �rograms and shall identify and report to the Executive Dizector of Plant Planning and Maintenance on a daily basis any and a21 damage to said building(s) or equipment which occurs vhile in the District's use. 13. The City of istrict sha12 be responsible for the costs to repair or replace any damage to the building, groimds, £umishings or equipment which occurs while said facility is tmder their control or use. 14. The District's School Building and Grounds shall at all times be under the responsibilitq of the School Administrator (Principal) or his designee. 15. The City`s Building Addition and Groimds shall at all times be under the responsibility o£ the Recreation IIirector or his designee. 16. The Recreation Director in charge of the City's program(s) or his designee shall be required to phone_Central Security when opening and closing the facility. 17. The City shall be responsible for the policing of the District's grocmds being used so that same will be returned in the same condition as it was prior to the use of said grounds. 18. All parties shall abide by all such rules and regulations mutually agreed on and establfs�ed bp either party or bp governmental regulations current and £uture to insure safe, sanitary, fire and health protection to all persons. I9. The District shall be responsible for the policiag of the City`s grounds being used so that same will be returned in the same condition as 3t was prior to the use of said grounds. 20. Any improvements or alterations affecting the District's facilities or grounds shall require approval by the Executive Director of School Plant Planning and Maintenance. 21• Any improvements or alteratioas affecting the City's Building Addition or grounds shall reqnire approval by the Superintendent of Parks and Recreation. 22. The proper authorized District and City administrative personnel responsible for the administering of this agreement are herewith authorized to make amendments to `� , " �� -i�� ... . Page 7 of 7 Pages the Joint IIse Operat3ag Agreemeat subject to mutual agreemeat by both parties, and further subject to the review aad approval by legal council of both the Dis[rict and tfie City. It is further coaditioned that no amendment(s) shall be made ta the lease portioa of this agreement vithout approval of the governing bodies of both the District and the Citq of Saint Paul. IN WITNESS WHEREOF, the parties have set their hands the date f3rst written above. CITY OF SAINT PAUL By: APPROVED AS TO FORM: City Clerk O rector, Aept. of Finance and Management Services ���- IZ . ( 1 • �Ql.u-> . -��-1 � , a� � .� � / � Board At ey Diiector !o� Co�nity`Sa INDEPENDEI3T SCHOOL DISTRICT N0. 625 � f � ''_" '----- By i. i�_t L.:� is�::�_L�L.���•��- Chairperson / / t - f,'� , � r' l��' �!��'�. �� `� Treasurer -�� APPROVED AS TO FORM: , .,� � �iszz .,A., THE CITY SHAI.L PARTICIPATE IN THE COST OF Ml1JOR gEpAIRS T(3 TSE FOLLOWING: BOII.ER BIIRNER HEATING S VENTZLATION CONTROLS AIR HANDLING EQUIPMENT MAIN ELECTRICAL SERVICE HIGH VOLTAGE DISTRIBUTIOIi SYSTEM �� -13L{ � i • 4 � �� -1 �`� �isix •�&,• The Disirict sha11 be responsible £or all zegular building maintenance as herein defined: Hardware --Door Locks, Closets, Door Bumpers, Window Locks and I.ifts. Electrical - Fixtures, Recepticals, Switches, Timers, etc. Plumbing - Faucet Washers, Flushometers, Leakage, Clogged Drains, Fixture Replacement. ' Floors - Tile, Base, Carpeting. Ceiliag - Tile Fire Alarm System Zntrusion System Plaster or Sheetrock Temperature Controls Replace Filters in Heating and Ventilating Units A