97-1579Council File # 47 ^ /Jr79 �
ORIGINAL
Presented By
Referred to
Green 5heet # 373�7
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA ��
Committee: Date
1
2
3
4
5
6
7
RESOLLiTION DIItECTING THE DIVISION OF PARKS AND RECREATION TO
ENTER INTO AGREEMENT WTTH TFIE BOYS AND GII2LS CLUB OF SAINT PAUL TO
LEASE AND MANAGE TE� VALLEY RECREATION CENTER.
WITNESSETH:
VVHEREAS, CTTY is the owner of certain property lrnown as Valley Recreation Site
which is located within the corporate limits of the City of St. Paul, and said property is legally
described as follows:
8 Registered land survey 499 tract B& part of I.ot 3 Block 1 Eastern Area Addition overlaying
9 the following described property part of Lots 26 through 32 Block 16 & that part of Lot 34
10 Block 161ying southerly of a line drawn from a point on the easterly boundary line of Lots 34
11 & 13, said point being equal distance from Valley Street and Mt. Airy Street; thence westerly
12 to a point on the westerly boundary of said Lot 34, in Dewey Bass & Rohrer's Addidon.
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14
15
16
17
18
HEREINAFTER refened to as "CENTER;"
WHEREAS, CITY desires to provide from and through the CENTER a comprehensive
program of recreation, service, and opporiunities for the Mount Airy Community;
WHEREAS, CTTY has historically sponsored and promoted human services activities
of the sort and nature which have helped and benefited the social, recreational, heaith,
educational, and the general well-being of the residents of the Mount Airy Community; and
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WFiEREAS, CTTY and BOYS AND GIItLS CLUB have determined that the resident 9 ^ j ' S? Q
of the Mount Airy Community would experience an effective delivery of human services if
BOYS AND GIRLS CLUB leased and managed the CENTER.
NOW, THEREFORE BE TT RESOLVED, that the Council of the City of Saint Paul
direct the Saint Paul Division of Parks and Recreation to enter into agreement with Boys and
Girls Club of Saint Paul to lease and manage the Center.
Adopted by Council: Date 3p �`��
Adoption Certified by Council Secretary
BY � ��--^-.���
Approve y Mayor:
By:
/
Requested by:
ivision Pa^ks n Re�eation
� � gp
Approval Recommended by Financial
Services Director:
BY: `�ra�.rn Qs,_.��.
--rv �a:
Form Approved by City Att ne
By: �
Approved by Mayor for Submission to
Council
By:
e., . ina- ��
i �-��. �
DEPAFiTMFNT/OFFCE/COUNCIL DATEINITIATm GREEN SHEET C
Parks and Recreation � d N�. 37367
12-497
COMACTPQiSONANDPHONE INITIAL/DATE INITIAVDATE
VinCe Gillespie 266-6408 � ,�oernarneenrwnECro� 4 a _
1ABER FoR �_CITY ATTORNEY �_CIiY CLEAlC
MUST BE ON COUNqL AGENDA BV mATq ��'
�OEN RNANpALSERVICE5Dlfl.
�'1�'L'1�97 _ 3 MAYOfl (OR ASSSfAN 6 Parks R �
,
TOTAL f OF SIGNATURE PAGES �(Cl1P Al1 LOCAilONS Fqt SNiNA'MEI
D��
ACTiON REQUESTm:
Approve resolution dicecting the Divison of Parks and Recreation to enter into an agreement with the Boys & Girls Club of
Saint Paul for management of the Valley Recreation Center.
RECOMMENDATIONS: Approve W w Rel� IN P9t401ULL 59MCE CONTIIACTS MUST ANSWBt THE FOLLOWIN6 QUESTONS:
_PL/WNINGCOMMISSION �CIVILSERVICECOMMISSION �. H�sN'mpmsatlTUmmxworkeduMeracorttrattfwtF6sdepartmerrtT
CIB COMMITTEE �_ YES NO
A STAFF 2. Has tFJs pe�soNfirM eva been a ary emPloyea?
DISTNCT COUNCIL V� NO
— 3. Dom tks pereoNfirm pasaaas a stlY iwt nwmally posseased by arry curreM riry employx7
SUPPORTS WHICH COUNCIL OBJECTIVE?
VES NO
6pltln e4 yea erowen on upenN aheet e�d atbeh to preen aheet.
INITIATING PROBLEM, ISSUE, OPPORTUNIN ryVho, What, 4Vhen, VJhere. VJhyl:
The Boys & Girls Club of Saint Paul has submitted a request to the City for assuming management of the Valley Recreation
Center, 690 Jackson Street.
ADVANTAGESIFAPPROVED:
The Boys & Girls Club has access to various resources for programming and site development that the City does not have.
Quality services to the community will continue to be provided. It is expected that services wifl be expa�ded.
OISADVANTAGESIFAPPROVED:
RECEIVED
None
D�c zs 1991
DISADVANTAGES IF NOT APPROVm: ��� p ygyy..p � �
::::'lYOR'3 O�FtCE
�F+� 38i� �i 6A� 6/2c fl�i
The Boys & Gids Club will not be able to expand services. �EC 2 2���]
TOTALAMOUNTOFTRIWSACTION S COST/REVENUEBUOGETm(CIRCIEONEI - _
FUNDiNG SOURCE ACTMTY NUMB82
FlNANCIAL INFOFMATION: IEXPWN)
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LEASB AGREEMENT SETWEEN
THE CZTY OF SAINT PAIIL
]�.IZD
BOYS AND GIRLS CLIIB OF SAINT PAIIL
This Agreement, made and entered into this lst day of January,
1998, by and between the City of Saint Paul, a municipal
corporation and political subdivision of the State of Minnesota,
hereinafter referred to as "LESSOR" and Boys and Girls Club of
Saint Paul, 1620 Ames Avenue, Saint Paul, Minnesota, 55106, a non-
profit corQoration organized and existing under the Laws of the
State of Minnesota, hereinafter referred to as "LESSEE".
WITNESSETH:
WHEREAS, Lessor is the owner of certain property known as the
Valley Recreation Center, which is located within the corporate
limits of the City of Saint Paul, at 690 Jackson Street,
hereinafter referred to as "Premises"; and
WHEREAS, Lessee provides social, recreational, health,
educational and other community services to the Mount Airy
community, which is primarily served by Valley Recreation Center;
and
W�?EREAS, parties have determined that the interests cf the
community can be served by the lease of the premises to Lessee;
NOW, THEREFORE, in consideration of the mutual and reciprocal
covenants and agreements hereinafter set forth, and for good and
valuable consideration, parties hereto agree as follows:
1: Leased Premises Lessor does hereby lease the premises known as
the Valley Recreation Center, located at 690 Jackson Street,
together with all grounds and buildings, being more particularly
described in Exhibit A attached hereto and incorporated herein, to
the Lessor, subject to the conditions set forth in Section 1.3,
below.
1.1. Term of Lease The term of this agreement shall be for a
period of thirty (30) years from the date first written above. The
Lessee shall have the right and option to renew this lease for two
(2) successive renewal terms of ten (10) years each, upon the
provisions, covenants and conditions of this lease. The Lessee's
option to renew shall be exercised by notice in writing at least
six (6) months prior to the termination of the initial or first
renewal then in effect.
1.2. Use of Premises The Premises shall be used to carry out a__
program of health, recreation, social and/or other community
service activities in accordance with the written, acknowledged
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program of the Boys and Girls Club of Saint Pau1, as stated in
Exhibit B attached hereto and incorporated herein by reference. No
change in the use of the premises to a use other than that
permitted under this lease shall be made by the lessee without the
prior written consent of the Lessor, such consent not to be
unreasonably withheld. Such consent, if given, shall be based upon
findings by the Lessor that the proposed conversion is in
accordance with the current program of health, recreational, social
and/or similar community services in the area and is consistent
with comprehensive planning for the development of the community.
1.3. Access to Premises bv School District Lessee acknowledges
that it is an express covenant of this Agreement that the Premises
are subject to access by Franklin Elementary School, Independent
School District # 625, for gym, classroom space, classroom storage,
field and play area program needs. Details of the specific needs
of the school and right of access shall be negotiated by and
between Lessee and the School, but in the event they cannot agree,
the level of access shall remain at the levels permitted by Lessor
during the 1996-97 school year, except that if no agreement is
reached regarding the P1ay Equipment currently located on the
premises, Lessor will remove the equipment from the premises.
1.4 Space Use Charcres Lessee shall be entitled to impose space
use charges for the areas made available to and used by Franklin
Elemeritary School, but such charges shall not exceed the ordinary
and customary charges by the City for such uses.
1.5. Sublettina Premises Lessee may contract out the Premises or
a portion thereof from time to time to other social service
organizations, provided that Lessee maintains primary control of
and responsibility for the Premises during such times, and subject
to notice to and approval by the Lessor, such approval not to be
unreasonably withheld.
Notwithstanding the foregoing, Lessee shall not enter into any
lease or agreement transferring to any other organization or entity
the control or supervision of the Premises or any portion thereof
without the express, prior written consent of the Lessor.
2. Hasic Rent The yearly rental rate for the Premises shall be
One Dollar ($1.00), payable on or before January 1 of each year the
Agreement is in effect. At Lessee's option, the entire basic rent
for the initial thirty year term of this Agreement may be paid in
a lump sum of $30.00 may be paid upon the execution of this
Agreement.
3. Pavment of Utility Charges Lessee shall be responsible for the
payment of all charges for utilities for the premises, including
gas, steam, electricity, telephone, solid waste disposal, hazardous
waste disposal, water, sewer, and any other charge during the term
of this lease.
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4. Maintenance of the Premises Lessee shall be responsible for
keeping the Premises, and appurtenances thereto, in a clean,
sanitary, sa£e and healthy condition and in reasonably good repair,
all according to the statutes and ordinances in such cases made and
provided, and the directives of authorized public officers duly
authorized to enforce said laws. Should any portion of the
Premises not be maintained in satisfactory condition, the Lessor
shall notify the Lessee of the failure to meet said standards,
indicating what action must be taken to correct deficiencies. The
Lessee shall have a reasonable time period to make correction.
where existing statutes, ordinances, or policies and procedures of
enforcement agencies set forth a time period for correction, said
period shall be deemed reasonable.
Lessee will not be deemed to be in default of this Section if
reasonable efforts are being made to comply with applicable statues
and ordinances and directions of public officers, giving due regard
to the non-profit nature of Lessee, and from time to time, its
limited resources.
5. Modification of the Premises Parties agree that no new
construction, alterations or demolitions shall take place without
prior written approval of Lessor. Lessee shall notify Lessor, in
writing, of any plans or intent to pursue modifications,
alteratinns, demolition or new construction on the Premises, and
shall seek Lessor's participation in the planning process.
In any construction agreed to which will be paid for in all or
in part by City funds, Lessor sha11 have the right to approve of
any expenditures of said funds.
5.1. Compliance with local, state and federal laws Lessee agrees
that any new construction, or projects involving alteration,
modification or demolition o£ the premises, shall comply with
existing building, health, safety and fire codes, ordinances, rules
and regulations, and that premises shall be fully accessible to
persons with disabilities. Lessee further agrees to comply with
Section 183 of the Saint Paul Legislative Code with respect to all
contracts for construction, alteration or demolition or purchase of
goods, materials or supplies in furtherance of construction,
alterations or demolition of the premises.
5.2. SalvaQe riahts It is mutually agreed and understood that
Lessor, upon its approval of any new construction, modification,
alteration or demolition project, retains the right to salvage any
materials and equipment deemed surplus by the Lessee but useable by
the Lessor, prior to the commencement of said project(s), and
L,essee agrees to provide adequate notice and time in its project
schedule for Lessor to accomplish said salvage work.
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6. Non-discrimination Lessee shall not, on the basis of race,
creed, religion, color, sex, sexual or affectional orientation,
national origin, ancestry, familial status, age, disability,
marital status or status with regard to public assistance, deny to
any person the use, benefits or services provided by the Lessee,
and Lessee agrees that it will not adopt rules, regulations or
practices for the operation of the premises or any part thereof
which are discriminatory in nature, nor enter into any lease or
other agreement respecting the premises without incorporating into
such lease or agreement provisions which will insure that the use
and occupancy, and the provision of services and other benefits
will be available without regard to race, creed, religion, color,
sex, sexual or affectional orientation, national origin, ancestry,
familial status, age, disability, marital status or status with
regard to public assistance. Lessee further agrees to abide by all
local, state and federal laws, rules and regulations with respect
to discrimination.
7. Indemnification The Lessee acknowledges that it has primary
and virtually autonomous control over the Premises leased
hereunder, and that the Lessor has no detailed and continuing
awareness of the activities of the Lessee, its employees, officers
or agents. Lessee agrees to defend, indemnify and hold harmless
the Lessor from any and all claims or cause of action of whatever
kind or nature arising out if its programs and activities conducted
by Lessee, its employees, agents, sublessees and subcontractors,
except for those claims or causes of action which are attributable
to the direct negligence of the Lessor.
8. Insurance Lessee shall acquire and keep in effect during the
term of this agreement the following coverages:
A. Fire and Extended Coveracre Lessee shall procure
and maintain fire and extended coverage insurance
on the Premises, and on the contents, equipment and
furnishings therein, as outlined in Exhibit C, in
an amount sufficient to provide for not less than
full recovery, such amount to be determined by
Lessor.
B. Boiler Insurance Lessee shall purchase and
maintain boiler insurance as outlined in
Exhibit C, attached hereto and incorporated
herein by reference.
C. Commercial General Liability Insurance Lessee
shall purchase and maintain blanket
contractual liability coverage, personal
injury liability coverage and broad form
property damage liability coverage in amounts
sufficient to meet the statutory municipal
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liability limits as set forth in Minn. Stat.
§466.04.
D. Workers' ComDensation Insurance Lessee shall
purchase and maintain workers compensation
insurance with coverage not less than the
statutory limits.
All insurance coverage under this section shall be endorsed to
indicate that the insurer cannot cancel or change the terms of the
insurance without first giving Lessor thirty (30) days written
notice. Lessee shall provide a current certificate of insurance
for all coverages required herein, which shall remain on file with
the Department of Finance and Management Services and the Division
of Parks and Recreation.
9. Renorts, Records and Other pocuments Lessee shall furnish the
Lessor with an annual report within ninety (90) days after the
close of each calendar year setting forth a general accounting of
the operation of the Premise, and such report shall include,
without being limited to:
A. The names and addresses of the officers and
directors of its governing body and the
principal administrative staff officers
operating withir_ the Premises;
B. A statement of the nature and extend of the
activities and programs carried out during the
preceding year;
C. A certi£ication that it has operated the
Premises in accordance with the provisions set
forth in Section 1.2 of this Lease;
D. The status of a11 insurance required to be
maintained by the Lessee hereunder [and any
claims made or pending].
10. Corporate Existence of Lessee Lessee covenants that it will
maintain, extend and, if required, renew its corporate existence
under the laws of the State of Minnesota and all franchise, rights
and privileges to it granted and upon it conferred, as may be
required, and will not do, suffer or permit any act or thing to be
done whereby its right to transact its functions might or could be
terminated, or its operations or activities materially restricted.
11. Encumbrances. Taxes and Assessments Lessee will not
voluntarily create, cause or allow to be created any debt, 1ien,
charge or other encumbrance against the Premises which in any way
will impair or otherwise adversely affect the preservation of said
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Premises for the intended purpose or useful employment thereof.
Lessee shall pay and discharge, or cause to be paid and discharged,�
when due, taxes, assessments, service charges or other governmental
charges lawfully imposed upon its leasehold in the Premises or on
its operations therefrom, which if unpaid may by law become a lien
or charge on said Premises and thereby impair or otherwise
adversely affect the holding of said Premises for the purpose
herein set forth. The foregoing shall be subject to the right of
the Lessee to contest any such taxes, assessments or governmental
charges, and incident thereto, to withhold payment of the same
pending the disposition of its challenge to the imposition of such
tax, assessment or governmental charge.
12. Liens The Lessee shall not permit mechanic's liens or other
liens to be filed or established or to remain against the premises
for labor, materials or services furnished in connection with any
additions, modifications, improvements, repairs, renewals or
replacements made to the premises, or for any other reason,
provided that if the Lessee shall first notify the Lessor of its
intention to do so and shall deposit in escrow with the Lessor a
sum of money or a bond or irrevocable letter of credit acceptable
to the Lessor equal to the amount of the claim of lien, Lessee may
in good faith contest any such claims or mechanic's or other liens
filed or established and in such event may permit the items
contested to remain undischarged and unsatisfied during the period
of such contest. If, in the opinion of the Lessor, the nonpayment
of any such items subjects the premises to any loss or forfeiture,
the Lessor may require the Lessee to use the escrow account to
promptly pay all such unpaid items.
13. Surrender of Premises Lessee, at the expiration of the term
of this Agreement, or any subsequent amendment as may be made under
the provisions of Section 19.4, or any sooner termination of this
Agreement or amendments thereto, shall quit peacefully and
surrender possession of said premises and any improvements thereon
to Lessor.
14. Holdover Any holdover by Lessee after the expiration of the
term of this Agreement shall be deemed to be a tenancy only from
month-to-month. All other terms and conditions of this Agreement'
shall be applicable.
15. Pollutions and Contaminants Lessee agrees to comply with all
ordinances, laws, rules and regulations enacted by any governmental
body or agency relating to the control, abatement or emission of
air and water contaminants and dispose of refuse, solid wastes or
liquid wastes. Lessee shall bear all costs and expenses arising
£rom compliance with said ordinances, laws, rules or regulations
and shall indemnify, defend, save and hold harmless Lessor from all
liability, including without limitation, fines, forfeitures, and
penalties arising £rom the failure by Lessee to comply with its
obligations under this section.
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16. Events of Default The occurrence of any of the following
events during the term of this Agreement shall constitute an event
of default by Lessee:
A. The filing of a petition to have Lessee
adjudicated bankrupt or a petition for
reorganization or arrangement under any laws
of the United States relating to bankruptcy
£iled by Lessee;
B. In the event a petition to have Lessee
adjudicated bankrupt is filed against Lessee,
the failure to dismiss such petition within
ninety (40) days for the date of such filing;
C. The assets of Lessee or of the business
conducted by Lessee on the Premises are
assumed by any trustee or other person
pursuant to any judicial proceedings;
D. Lessee makes any assignment for the benefit of
creditors;
E. Failure by Lessee to timely pay costs as
required by this Agreement;
F. Failure by Lessee to purchase or maintain the
insurance coverage required by this Agreement;
G. Failure by Lessee or its surety to discharge,
satisfy or release any lien or lien statement
filed or recorded against the Premises within
sixty days after the date of such filing or
recording, whichever date is earlier if Lessee
is liable for the lien.
H. Any material breach of a,condition or term of the
Agreement.
It is an express covenant and agreement of Lessee and Lessor that
Lessor may, at its election, terminate this Agreement in the event
of the occurrence of any of the events described in this section or
the section relating to liens by giving not less than thirty (30)
days written notice to Lessee; and when so terminated, Lessor may
re-enter the Premises_
Neither this Agreement, nor the Premises, shall be treated as an
asset of Lessee's estate. It is £urther expressly understood and
agreed that Lessor shall be entitled to such re-entry,
notwithstanding any other provision of this Agreement, to exercise
such rights and remedies as are provided in this Agreement.
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17. Default Remedies If an Event of Default should occur, Lessor
may exercise any one or more of the following remedies:
A. Terminate this Agreement, exclude Lessee from
possession of the Premises, and use its best
efforts to lease the Premises to or enter into
an agreement with another agency in accordance
with applicable law;
B. Exercise any remedies available to it under
the Minnesota Uniform Commercial Code;
C. Take whatever action at law or in equity may
appear necessary or appropriate to collect the
basic costs and cost reimbursement then due
and thereafter to become due, or to enforce
performance and observance of any obligation,
agreement or covenant of Lessee under this
Agreement.
No remedy herein conferred upon or reserved to Lessor is intended
to be exclusive of any other available remedy or remeclies, but each
such remedy shall be cumulative and shall be in addition to every
other remedy given under this Agreement or now or thereafter
existing at law, in equity or by statute. No delay or omission to
exercise any such right or power accruing upon any default shall
impair any such right or power or shall be construed to be a waiver
thereof, but any such right and power may be exercised from time to
time and as often as may be deemed e�edient. In order to entitle
the Lessor to exercise any remedy reserved to it in this Provision,
it shall not be necessary to give any notice, other than such
notice as may be herein expressly required.
18. Aareement Administrators The Agreement Administrator for the
Lessor is the Superintendent of Parks and Recreation, or such
designee as the Supezintendent may choose, 300 Courthouse Annex, 25
West Fourth Street, Saint Paul, Minnesota, 55102_ The Agreement
Administrator for Lessee is its Executive Director, at the address
stated above.
19. Contract Interpretation
19.1. Section Headinas The headings herein are for convenience
and reference only and do not limit or construe the provisions
contained herein.
19.2 Annlicable Law, Severabilitv The validity and interpretation
of this Agreement shall be governed by and construed for all
purposes in accordance with the laws of the State of Minnesota. In
the event any provision of this Agreement, or the application
thereof, is held by a court of competent jurisdiction to be invalid
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or unenforceable, the parties agree that the remainder of the
Agreement shall not be affected thereby and the remainder of the.
Agreement shall be valid and enforceable to the fullest extent
permitted by law.
19.3 Entire Actreement This document contains the entire Agreement
between the parties hereto, and there are no agreements,
understandings or undertakings except as set forth herein. No
promises, inducements or representations other than as set forth
in this Agreement have been made, offered or agreed to by either
party. Any prior existing contract, agreement or negotiations and
writing between the parties and their representatives are
superseded hereby.
19.4 Amendment to the Agreement This Agreement may be amended
upon mutual agreement of Lessor and Lessee. Al1 amendments shall be
in writing and effective when duly and properly executed, and no
term, condition or covenant herein may be waived other than by such
writing.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date first set forth above.
CITY OF SAINT PAUL
Director, Department of Finance
& Management Services
BOYS AND GIRLS CLI7B
Executive Director
Board President
Superintendent, Division of Parks
& Recreation
Approved as to form:
City Clerk
�"
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EXFi181T A
LEASE AGREEMENT
BETWEEN CITY OF SAINT PAUL AND
SHE BOYS AND GIRLS CLUB OF SAIN'f PAUL
FOR VALLEY RECREATiON CENTER
Leaal Descri�tion
Registered land survey 499 tract B& part of Lot 3 Block 1
Eastern Area Addition overlaying the following described property
part of Lots 26 through 32 Block 16 & that part of Lot 34 Block 16
lying southeriy of a line drawn from a point on the easterly boundary
line of Lots 34 & 13, said point being equai distance from Valley Street
and Mt. Airy Street; thence westerly to a point on the westerly
boundary of said Lot 34, in Dewey Bass & Rohrer's Addition.
«�:�iari�
LEASE AGREEMENT
BETWEEN CITY OF SAINT PAUL AND
THE BOYS AND GIRLS CLUB OF SAINT PAUL
FOR VALLEY RECREATION CENTER
Program of tfie Boys and Giris Club
97-�s�9
This mission of the Boys and Girts Cfub of Saint Pauf is to help young people ages 6
to 18 improve their lives by helping them to build self-esteem, develop values and
learn new skilis during critical periods of growth. The speciai fiocus of the clubs is
on chi(dren from disadvantaged circumstances.
The Club, from time to time, may aiso operate day care centers and senior
programs.
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LEASE AGREEMENT
BETWEEN CITY OF SAINT PAUL AND
TI� BOYS Ai�iD GIRLS CLUB OF SAINT PAUL
FOR VALLEY RECREATION CENTER
Insurance Requirements
1. The L,essee agrees to obtain insurance in the amounts set forth in Minnesota
Statute 466, naming the City as an additional insured thereon. All
insurance coverage shall be on an occurrence basis and not a claims made
basis.
2. The I,essee agrees to procure fire and extended coverage insurance, naming
the City as co-insured, based on the current appraised value of the building
and its contents, with a deductible of no more than $1000.
3. The L.essee agrees to procure and maintain boiler insurance.
4. The Lessee agrees to procure and provide continuous coverage and keep a
current certificate of insurance on file with the Department of Finance and
Management Services and the Division of Parks and Recreation at all tunes.
Council File # 47 ^ /Jr79 �
ORIGINAL
Presented By
Referred to
Green 5heet # 373�7
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA ��
Committee: Date
1
2
3
4
5
6
7
RESOLLiTION DIItECTING THE DIVISION OF PARKS AND RECREATION TO
ENTER INTO AGREEMENT WTTH TFIE BOYS AND GII2LS CLUB OF SAINT PAUL TO
LEASE AND MANAGE TE� VALLEY RECREATION CENTER.
WITNESSETH:
VVHEREAS, CTTY is the owner of certain property lrnown as Valley Recreation Site
which is located within the corporate limits of the City of St. Paul, and said property is legally
described as follows:
8 Registered land survey 499 tract B& part of I.ot 3 Block 1 Eastern Area Addition overlaying
9 the following described property part of Lots 26 through 32 Block 16 & that part of Lot 34
10 Block 161ying southerly of a line drawn from a point on the easterly boundary line of Lots 34
11 & 13, said point being equal distance from Valley Street and Mt. Airy Street; thence westerly
12 to a point on the westerly boundary of said Lot 34, in Dewey Bass & Rohrer's Addidon.
13
14
15
16
17
18
HEREINAFTER refened to as "CENTER;"
WHEREAS, CITY desires to provide from and through the CENTER a comprehensive
program of recreation, service, and opporiunities for the Mount Airy Community;
WHEREAS, CTTY has historically sponsored and promoted human services activities
of the sort and nature which have helped and benefited the social, recreational, heaith,
educational, and the general well-being of the residents of the Mount Airy Community; and
19
20
21
22
23
24
WFiEREAS, CTTY and BOYS AND GIItLS CLUB have determined that the resident 9 ^ j ' S? Q
of the Mount Airy Community would experience an effective delivery of human services if
BOYS AND GIRLS CLUB leased and managed the CENTER.
NOW, THEREFORE BE TT RESOLVED, that the Council of the City of Saint Paul
direct the Saint Paul Division of Parks and Recreation to enter into agreement with Boys and
Girls Club of Saint Paul to lease and manage the Center.
Adopted by Council: Date 3p �`��
Adoption Certified by Council Secretary
BY � ��--^-.���
Approve y Mayor:
By:
/
Requested by:
ivision Pa^ks n Re�eation
� � gp
Approval Recommended by Financial
Services Director:
BY: `�ra�.rn Qs,_.��.
--rv �a:
Form Approved by City Att ne
By: �
Approved by Mayor for Submission to
Council
By:
e., . ina- ��
i �-��. �
DEPAFiTMFNT/OFFCE/COUNCIL DATEINITIATm GREEN SHEET C
Parks and Recreation � d N�. 37367
12-497
COMACTPQiSONANDPHONE INITIAL/DATE INITIAVDATE
VinCe Gillespie 266-6408 � ,�oernarneenrwnECro� 4 a _
1ABER FoR �_CITY ATTORNEY �_CIiY CLEAlC
MUST BE ON COUNqL AGENDA BV mATq ��'
�OEN RNANpALSERVICE5Dlfl.
�'1�'L'1�97 _ 3 MAYOfl (OR ASSSfAN 6 Parks R �
,
TOTAL f OF SIGNATURE PAGES �(Cl1P Al1 LOCAilONS Fqt SNiNA'MEI
D��
ACTiON REQUESTm:
Approve resolution dicecting the Divison of Parks and Recreation to enter into an agreement with the Boys & Girls Club of
Saint Paul for management of the Valley Recreation Center.
RECOMMENDATIONS: Approve W w Rel� IN P9t401ULL 59MCE CONTIIACTS MUST ANSWBt THE FOLLOWIN6 QUESTONS:
_PL/WNINGCOMMISSION �CIVILSERVICECOMMISSION �. H�sN'mpmsatlTUmmxworkeduMeracorttrattfwtF6sdepartmerrtT
CIB COMMITTEE �_ YES NO
A STAFF 2. Has tFJs pe�soNfirM eva been a ary emPloyea?
DISTNCT COUNCIL V� NO
— 3. Dom tks pereoNfirm pasaaas a stlY iwt nwmally posseased by arry curreM riry employx7
SUPPORTS WHICH COUNCIL OBJECTIVE?
VES NO
6pltln e4 yea erowen on upenN aheet e�d atbeh to preen aheet.
INITIATING PROBLEM, ISSUE, OPPORTUNIN ryVho, What, 4Vhen, VJhere. VJhyl:
The Boys & Girls Club of Saint Paul has submitted a request to the City for assuming management of the Valley Recreation
Center, 690 Jackson Street.
ADVANTAGESIFAPPROVED:
The Boys & Girls Club has access to various resources for programming and site development that the City does not have.
Quality services to the community will continue to be provided. It is expected that services wifl be expa�ded.
OISADVANTAGESIFAPPROVED:
RECEIVED
None
D�c zs 1991
DISADVANTAGES IF NOT APPROVm: ��� p ygyy..p � �
::::'lYOR'3 O�FtCE
�F+� 38i� �i 6A� 6/2c fl�i
The Boys & Gids Club will not be able to expand services. �EC 2 2���]
TOTALAMOUNTOFTRIWSACTION S COST/REVENUEBUOGETm(CIRCIEONEI - _
FUNDiNG SOURCE ACTMTY NUMB82
FlNANCIAL INFOFMATION: IEXPWN)
�
/
.
97-/� �p
LEASB AGREEMENT SETWEEN
THE CZTY OF SAINT PAIIL
]�.IZD
BOYS AND GIRLS CLIIB OF SAINT PAIIL
This Agreement, made and entered into this lst day of January,
1998, by and between the City of Saint Paul, a municipal
corporation and political subdivision of the State of Minnesota,
hereinafter referred to as "LESSOR" and Boys and Girls Club of
Saint Paul, 1620 Ames Avenue, Saint Paul, Minnesota, 55106, a non-
profit corQoration organized and existing under the Laws of the
State of Minnesota, hereinafter referred to as "LESSEE".
WITNESSETH:
WHEREAS, Lessor is the owner of certain property known as the
Valley Recreation Center, which is located within the corporate
limits of the City of Saint Paul, at 690 Jackson Street,
hereinafter referred to as "Premises"; and
WHEREAS, Lessee provides social, recreational, health,
educational and other community services to the Mount Airy
community, which is primarily served by Valley Recreation Center;
and
W�?EREAS, parties have determined that the interests cf the
community can be served by the lease of the premises to Lessee;
NOW, THEREFORE, in consideration of the mutual and reciprocal
covenants and agreements hereinafter set forth, and for good and
valuable consideration, parties hereto agree as follows:
1: Leased Premises Lessor does hereby lease the premises known as
the Valley Recreation Center, located at 690 Jackson Street,
together with all grounds and buildings, being more particularly
described in Exhibit A attached hereto and incorporated herein, to
the Lessor, subject to the conditions set forth in Section 1.3,
below.
1.1. Term of Lease The term of this agreement shall be for a
period of thirty (30) years from the date first written above. The
Lessee shall have the right and option to renew this lease for two
(2) successive renewal terms of ten (10) years each, upon the
provisions, covenants and conditions of this lease. The Lessee's
option to renew shall be exercised by notice in writing at least
six (6) months prior to the termination of the initial or first
renewal then in effect.
1.2. Use of Premises The Premises shall be used to carry out a__
program of health, recreation, social and/or other community
service activities in accordance with the written, acknowledged
-1-
97-���y
program of the Boys and Girls Club of Saint Pau1, as stated in
Exhibit B attached hereto and incorporated herein by reference. No
change in the use of the premises to a use other than that
permitted under this lease shall be made by the lessee without the
prior written consent of the Lessor, such consent not to be
unreasonably withheld. Such consent, if given, shall be based upon
findings by the Lessor that the proposed conversion is in
accordance with the current program of health, recreational, social
and/or similar community services in the area and is consistent
with comprehensive planning for the development of the community.
1.3. Access to Premises bv School District Lessee acknowledges
that it is an express covenant of this Agreement that the Premises
are subject to access by Franklin Elementary School, Independent
School District # 625, for gym, classroom space, classroom storage,
field and play area program needs. Details of the specific needs
of the school and right of access shall be negotiated by and
between Lessee and the School, but in the event they cannot agree,
the level of access shall remain at the levels permitted by Lessor
during the 1996-97 school year, except that if no agreement is
reached regarding the P1ay Equipment currently located on the
premises, Lessor will remove the equipment from the premises.
1.4 Space Use Charcres Lessee shall be entitled to impose space
use charges for the areas made available to and used by Franklin
Elemeritary School, but such charges shall not exceed the ordinary
and customary charges by the City for such uses.
1.5. Sublettina Premises Lessee may contract out the Premises or
a portion thereof from time to time to other social service
organizations, provided that Lessee maintains primary control of
and responsibility for the Premises during such times, and subject
to notice to and approval by the Lessor, such approval not to be
unreasonably withheld.
Notwithstanding the foregoing, Lessee shall not enter into any
lease or agreement transferring to any other organization or entity
the control or supervision of the Premises or any portion thereof
without the express, prior written consent of the Lessor.
2. Hasic Rent The yearly rental rate for the Premises shall be
One Dollar ($1.00), payable on or before January 1 of each year the
Agreement is in effect. At Lessee's option, the entire basic rent
for the initial thirty year term of this Agreement may be paid in
a lump sum of $30.00 may be paid upon the execution of this
Agreement.
3. Pavment of Utility Charges Lessee shall be responsible for the
payment of all charges for utilities for the premises, including
gas, steam, electricity, telephone, solid waste disposal, hazardous
waste disposal, water, sewer, and any other charge during the term
of this lease.
�.�
Q�-rs�9
4. Maintenance of the Premises Lessee shall be responsible for
keeping the Premises, and appurtenances thereto, in a clean,
sanitary, sa£e and healthy condition and in reasonably good repair,
all according to the statutes and ordinances in such cases made and
provided, and the directives of authorized public officers duly
authorized to enforce said laws. Should any portion of the
Premises not be maintained in satisfactory condition, the Lessor
shall notify the Lessee of the failure to meet said standards,
indicating what action must be taken to correct deficiencies. The
Lessee shall have a reasonable time period to make correction.
where existing statutes, ordinances, or policies and procedures of
enforcement agencies set forth a time period for correction, said
period shall be deemed reasonable.
Lessee will not be deemed to be in default of this Section if
reasonable efforts are being made to comply with applicable statues
and ordinances and directions of public officers, giving due regard
to the non-profit nature of Lessee, and from time to time, its
limited resources.
5. Modification of the Premises Parties agree that no new
construction, alterations or demolitions shall take place without
prior written approval of Lessor. Lessee shall notify Lessor, in
writing, of any plans or intent to pursue modifications,
alteratinns, demolition or new construction on the Premises, and
shall seek Lessor's participation in the planning process.
In any construction agreed to which will be paid for in all or
in part by City funds, Lessor sha11 have the right to approve of
any expenditures of said funds.
5.1. Compliance with local, state and federal laws Lessee agrees
that any new construction, or projects involving alteration,
modification or demolition o£ the premises, shall comply with
existing building, health, safety and fire codes, ordinances, rules
and regulations, and that premises shall be fully accessible to
persons with disabilities. Lessee further agrees to comply with
Section 183 of the Saint Paul Legislative Code with respect to all
contracts for construction, alteration or demolition or purchase of
goods, materials or supplies in furtherance of construction,
alterations or demolition of the premises.
5.2. SalvaQe riahts It is mutually agreed and understood that
Lessor, upon its approval of any new construction, modification,
alteration or demolition project, retains the right to salvage any
materials and equipment deemed surplus by the Lessee but useable by
the Lessor, prior to the commencement of said project(s), and
L,essee agrees to provide adequate notice and time in its project
schedule for Lessor to accomplish said salvage work.
-3-
97-/S� 9
6. Non-discrimination Lessee shall not, on the basis of race,
creed, religion, color, sex, sexual or affectional orientation,
national origin, ancestry, familial status, age, disability,
marital status or status with regard to public assistance, deny to
any person the use, benefits or services provided by the Lessee,
and Lessee agrees that it will not adopt rules, regulations or
practices for the operation of the premises or any part thereof
which are discriminatory in nature, nor enter into any lease or
other agreement respecting the premises without incorporating into
such lease or agreement provisions which will insure that the use
and occupancy, and the provision of services and other benefits
will be available without regard to race, creed, religion, color,
sex, sexual or affectional orientation, national origin, ancestry,
familial status, age, disability, marital status or status with
regard to public assistance. Lessee further agrees to abide by all
local, state and federal laws, rules and regulations with respect
to discrimination.
7. Indemnification The Lessee acknowledges that it has primary
and virtually autonomous control over the Premises leased
hereunder, and that the Lessor has no detailed and continuing
awareness of the activities of the Lessee, its employees, officers
or agents. Lessee agrees to defend, indemnify and hold harmless
the Lessor from any and all claims or cause of action of whatever
kind or nature arising out if its programs and activities conducted
by Lessee, its employees, agents, sublessees and subcontractors,
except for those claims or causes of action which are attributable
to the direct negligence of the Lessor.
8. Insurance Lessee shall acquire and keep in effect during the
term of this agreement the following coverages:
A. Fire and Extended Coveracre Lessee shall procure
and maintain fire and extended coverage insurance
on the Premises, and on the contents, equipment and
furnishings therein, as outlined in Exhibit C, in
an amount sufficient to provide for not less than
full recovery, such amount to be determined by
Lessor.
B. Boiler Insurance Lessee shall purchase and
maintain boiler insurance as outlined in
Exhibit C, attached hereto and incorporated
herein by reference.
C. Commercial General Liability Insurance Lessee
shall purchase and maintain blanket
contractual liability coverage, personal
injury liability coverage and broad form
property damage liability coverage in amounts
sufficient to meet the statutory municipal
a
9�-i��9
liability limits as set forth in Minn. Stat.
§466.04.
D. Workers' ComDensation Insurance Lessee shall
purchase and maintain workers compensation
insurance with coverage not less than the
statutory limits.
All insurance coverage under this section shall be endorsed to
indicate that the insurer cannot cancel or change the terms of the
insurance without first giving Lessor thirty (30) days written
notice. Lessee shall provide a current certificate of insurance
for all coverages required herein, which shall remain on file with
the Department of Finance and Management Services and the Division
of Parks and Recreation.
9. Renorts, Records and Other pocuments Lessee shall furnish the
Lessor with an annual report within ninety (90) days after the
close of each calendar year setting forth a general accounting of
the operation of the Premise, and such report shall include,
without being limited to:
A. The names and addresses of the officers and
directors of its governing body and the
principal administrative staff officers
operating withir_ the Premises;
B. A statement of the nature and extend of the
activities and programs carried out during the
preceding year;
C. A certi£ication that it has operated the
Premises in accordance with the provisions set
forth in Section 1.2 of this Lease;
D. The status of a11 insurance required to be
maintained by the Lessee hereunder [and any
claims made or pending].
10. Corporate Existence of Lessee Lessee covenants that it will
maintain, extend and, if required, renew its corporate existence
under the laws of the State of Minnesota and all franchise, rights
and privileges to it granted and upon it conferred, as may be
required, and will not do, suffer or permit any act or thing to be
done whereby its right to transact its functions might or could be
terminated, or its operations or activities materially restricted.
11. Encumbrances. Taxes and Assessments Lessee will not
voluntarily create, cause or allow to be created any debt, 1ien,
charge or other encumbrance against the Premises which in any way
will impair or otherwise adversely affect the preservation of said
Q.�
97-is9q
Premises for the intended purpose or useful employment thereof.
Lessee shall pay and discharge, or cause to be paid and discharged,�
when due, taxes, assessments, service charges or other governmental
charges lawfully imposed upon its leasehold in the Premises or on
its operations therefrom, which if unpaid may by law become a lien
or charge on said Premises and thereby impair or otherwise
adversely affect the holding of said Premises for the purpose
herein set forth. The foregoing shall be subject to the right of
the Lessee to contest any such taxes, assessments or governmental
charges, and incident thereto, to withhold payment of the same
pending the disposition of its challenge to the imposition of such
tax, assessment or governmental charge.
12. Liens The Lessee shall not permit mechanic's liens or other
liens to be filed or established or to remain against the premises
for labor, materials or services furnished in connection with any
additions, modifications, improvements, repairs, renewals or
replacements made to the premises, or for any other reason,
provided that if the Lessee shall first notify the Lessor of its
intention to do so and shall deposit in escrow with the Lessor a
sum of money or a bond or irrevocable letter of credit acceptable
to the Lessor equal to the amount of the claim of lien, Lessee may
in good faith contest any such claims or mechanic's or other liens
filed or established and in such event may permit the items
contested to remain undischarged and unsatisfied during the period
of such contest. If, in the opinion of the Lessor, the nonpayment
of any such items subjects the premises to any loss or forfeiture,
the Lessor may require the Lessee to use the escrow account to
promptly pay all such unpaid items.
13. Surrender of Premises Lessee, at the expiration of the term
of this Agreement, or any subsequent amendment as may be made under
the provisions of Section 19.4, or any sooner termination of this
Agreement or amendments thereto, shall quit peacefully and
surrender possession of said premises and any improvements thereon
to Lessor.
14. Holdover Any holdover by Lessee after the expiration of the
term of this Agreement shall be deemed to be a tenancy only from
month-to-month. All other terms and conditions of this Agreement'
shall be applicable.
15. Pollutions and Contaminants Lessee agrees to comply with all
ordinances, laws, rules and regulations enacted by any governmental
body or agency relating to the control, abatement or emission of
air and water contaminants and dispose of refuse, solid wastes or
liquid wastes. Lessee shall bear all costs and expenses arising
£rom compliance with said ordinances, laws, rules or regulations
and shall indemnify, defend, save and hold harmless Lessor from all
liability, including without limitation, fines, forfeitures, and
penalties arising £rom the failure by Lessee to comply with its
obligations under this section.
-6-
97-/5�q
16. Events of Default The occurrence of any of the following
events during the term of this Agreement shall constitute an event
of default by Lessee:
A. The filing of a petition to have Lessee
adjudicated bankrupt or a petition for
reorganization or arrangement under any laws
of the United States relating to bankruptcy
£iled by Lessee;
B. In the event a petition to have Lessee
adjudicated bankrupt is filed against Lessee,
the failure to dismiss such petition within
ninety (40) days for the date of such filing;
C. The assets of Lessee or of the business
conducted by Lessee on the Premises are
assumed by any trustee or other person
pursuant to any judicial proceedings;
D. Lessee makes any assignment for the benefit of
creditors;
E. Failure by Lessee to timely pay costs as
required by this Agreement;
F. Failure by Lessee to purchase or maintain the
insurance coverage required by this Agreement;
G. Failure by Lessee or its surety to discharge,
satisfy or release any lien or lien statement
filed or recorded against the Premises within
sixty days after the date of such filing or
recording, whichever date is earlier if Lessee
is liable for the lien.
H. Any material breach of a,condition or term of the
Agreement.
It is an express covenant and agreement of Lessee and Lessor that
Lessor may, at its election, terminate this Agreement in the event
of the occurrence of any of the events described in this section or
the section relating to liens by giving not less than thirty (30)
days written notice to Lessee; and when so terminated, Lessor may
re-enter the Premises_
Neither this Agreement, nor the Premises, shall be treated as an
asset of Lessee's estate. It is £urther expressly understood and
agreed that Lessor shall be entitled to such re-entry,
notwithstanding any other provision of this Agreement, to exercise
such rights and remedies as are provided in this Agreement.
-7-
97 - is�9
17. Default Remedies If an Event of Default should occur, Lessor
may exercise any one or more of the following remedies:
A. Terminate this Agreement, exclude Lessee from
possession of the Premises, and use its best
efforts to lease the Premises to or enter into
an agreement with another agency in accordance
with applicable law;
B. Exercise any remedies available to it under
the Minnesota Uniform Commercial Code;
C. Take whatever action at law or in equity may
appear necessary or appropriate to collect the
basic costs and cost reimbursement then due
and thereafter to become due, or to enforce
performance and observance of any obligation,
agreement or covenant of Lessee under this
Agreement.
No remedy herein conferred upon or reserved to Lessor is intended
to be exclusive of any other available remedy or remeclies, but each
such remedy shall be cumulative and shall be in addition to every
other remedy given under this Agreement or now or thereafter
existing at law, in equity or by statute. No delay or omission to
exercise any such right or power accruing upon any default shall
impair any such right or power or shall be construed to be a waiver
thereof, but any such right and power may be exercised from time to
time and as often as may be deemed e�edient. In order to entitle
the Lessor to exercise any remedy reserved to it in this Provision,
it shall not be necessary to give any notice, other than such
notice as may be herein expressly required.
18. Aareement Administrators The Agreement Administrator for the
Lessor is the Superintendent of Parks and Recreation, or such
designee as the Supezintendent may choose, 300 Courthouse Annex, 25
West Fourth Street, Saint Paul, Minnesota, 55102_ The Agreement
Administrator for Lessee is its Executive Director, at the address
stated above.
19. Contract Interpretation
19.1. Section Headinas The headings herein are for convenience
and reference only and do not limit or construe the provisions
contained herein.
19.2 Annlicable Law, Severabilitv The validity and interpretation
of this Agreement shall be governed by and construed for all
purposes in accordance with the laws of the State of Minnesota. In
the event any provision of this Agreement, or the application
thereof, is held by a court of competent jurisdiction to be invalid
'�.'3'
97- ��'�9
or unenforceable, the parties agree that the remainder of the
Agreement shall not be affected thereby and the remainder of the.
Agreement shall be valid and enforceable to the fullest extent
permitted by law.
19.3 Entire Actreement This document contains the entire Agreement
between the parties hereto, and there are no agreements,
understandings or undertakings except as set forth herein. No
promises, inducements or representations other than as set forth
in this Agreement have been made, offered or agreed to by either
party. Any prior existing contract, agreement or negotiations and
writing between the parties and their representatives are
superseded hereby.
19.4 Amendment to the Agreement This Agreement may be amended
upon mutual agreement of Lessor and Lessee. Al1 amendments shall be
in writing and effective when duly and properly executed, and no
term, condition or covenant herein may be waived other than by such
writing.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date first set forth above.
CITY OF SAINT PAUL
Director, Department of Finance
& Management Services
BOYS AND GIRLS CLI7B
Executive Director
Board President
Superintendent, Division of Parks
& Recreation
Approved as to form:
City Clerk
�"
97-�s�q
EXFi181T A
LEASE AGREEMENT
BETWEEN CITY OF SAINT PAUL AND
SHE BOYS AND GIRLS CLUB OF SAIN'f PAUL
FOR VALLEY RECREATiON CENTER
Leaal Descri�tion
Registered land survey 499 tract B& part of Lot 3 Block 1
Eastern Area Addition overlaying the following described property
part of Lots 26 through 32 Block 16 & that part of Lot 34 Block 16
lying southeriy of a line drawn from a point on the easterly boundary
line of Lots 34 & 13, said point being equai distance from Valley Street
and Mt. Airy Street; thence westerly to a point on the westerly
boundary of said Lot 34, in Dewey Bass & Rohrer's Addition.
«�:�iari�
LEASE AGREEMENT
BETWEEN CITY OF SAINT PAUL AND
THE BOYS AND GIRLS CLUB OF SAINT PAUL
FOR VALLEY RECREATION CENTER
Program of tfie Boys and Giris Club
97-�s�9
This mission of the Boys and Girts Cfub of Saint Pauf is to help young people ages 6
to 18 improve their lives by helping them to build self-esteem, develop values and
learn new skilis during critical periods of growth. The speciai fiocus of the clubs is
on chi(dren from disadvantaged circumstances.
The Club, from time to time, may aiso operate day care centers and senior
programs.
4�-i��q
��r�c c
LEASE AGREEMENT
BETWEEN CITY OF SAINT PAUL AND
TI� BOYS Ai�iD GIRLS CLUB OF SAINT PAUL
FOR VALLEY RECREATION CENTER
Insurance Requirements
1. The L,essee agrees to obtain insurance in the amounts set forth in Minnesota
Statute 466, naming the City as an additional insured thereon. All
insurance coverage shall be on an occurrence basis and not a claims made
basis.
2. The I,essee agrees to procure fire and extended coverage insurance, naming
the City as co-insured, based on the current appraised value of the building
and its contents, with a deductible of no more than $1000.
3. The L.essee agrees to procure and maintain boiler insurance.
4. The Lessee agrees to procure and provide continuous coverage and keep a
current certificate of insurance on file with the Department of Finance and
Management Services and the Division of Parks and Recreation at all tunes.
Council File # 47 ^ /Jr79 �
ORIGINAL
Presented By
Referred to
Green 5heet # 373�7
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA ��
Committee: Date
1
2
3
4
5
6
7
RESOLLiTION DIItECTING THE DIVISION OF PARKS AND RECREATION TO
ENTER INTO AGREEMENT WTTH TFIE BOYS AND GII2LS CLUB OF SAINT PAUL TO
LEASE AND MANAGE TE� VALLEY RECREATION CENTER.
WITNESSETH:
VVHEREAS, CTTY is the owner of certain property lrnown as Valley Recreation Site
which is located within the corporate limits of the City of St. Paul, and said property is legally
described as follows:
8 Registered land survey 499 tract B& part of I.ot 3 Block 1 Eastern Area Addition overlaying
9 the following described property part of Lots 26 through 32 Block 16 & that part of Lot 34
10 Block 161ying southerly of a line drawn from a point on the easterly boundary line of Lots 34
11 & 13, said point being equal distance from Valley Street and Mt. Airy Street; thence westerly
12 to a point on the westerly boundary of said Lot 34, in Dewey Bass & Rohrer's Addidon.
13
14
15
16
17
18
HEREINAFTER refened to as "CENTER;"
WHEREAS, CITY desires to provide from and through the CENTER a comprehensive
program of recreation, service, and opporiunities for the Mount Airy Community;
WHEREAS, CTTY has historically sponsored and promoted human services activities
of the sort and nature which have helped and benefited the social, recreational, heaith,
educational, and the general well-being of the residents of the Mount Airy Community; and
19
20
21
22
23
24
WFiEREAS, CTTY and BOYS AND GIItLS CLUB have determined that the resident 9 ^ j ' S? Q
of the Mount Airy Community would experience an effective delivery of human services if
BOYS AND GIRLS CLUB leased and managed the CENTER.
NOW, THEREFORE BE TT RESOLVED, that the Council of the City of Saint Paul
direct the Saint Paul Division of Parks and Recreation to enter into agreement with Boys and
Girls Club of Saint Paul to lease and manage the Center.
Adopted by Council: Date 3p �`��
Adoption Certified by Council Secretary
BY � ��--^-.���
Approve y Mayor:
By:
/
Requested by:
ivision Pa^ks n Re�eation
� � gp
Approval Recommended by Financial
Services Director:
BY: `�ra�.rn Qs,_.��.
--rv �a:
Form Approved by City Att ne
By: �
Approved by Mayor for Submission to
Council
By:
e., . ina- ��
i �-��. �
DEPAFiTMFNT/OFFCE/COUNCIL DATEINITIATm GREEN SHEET C
Parks and Recreation � d N�. 37367
12-497
COMACTPQiSONANDPHONE INITIAL/DATE INITIAVDATE
VinCe Gillespie 266-6408 � ,�oernarneenrwnECro� 4 a _
1ABER FoR �_CITY ATTORNEY �_CIiY CLEAlC
MUST BE ON COUNqL AGENDA BV mATq ��'
�OEN RNANpALSERVICE5Dlfl.
�'1�'L'1�97 _ 3 MAYOfl (OR ASSSfAN 6 Parks R �
,
TOTAL f OF SIGNATURE PAGES �(Cl1P Al1 LOCAilONS Fqt SNiNA'MEI
D��
ACTiON REQUESTm:
Approve resolution dicecting the Divison of Parks and Recreation to enter into an agreement with the Boys & Girls Club of
Saint Paul for management of the Valley Recreation Center.
RECOMMENDATIONS: Approve W w Rel� IN P9t401ULL 59MCE CONTIIACTS MUST ANSWBt THE FOLLOWIN6 QUESTONS:
_PL/WNINGCOMMISSION �CIVILSERVICECOMMISSION �. H�sN'mpmsatlTUmmxworkeduMeracorttrattfwtF6sdepartmerrtT
CIB COMMITTEE �_ YES NO
A STAFF 2. Has tFJs pe�soNfirM eva been a ary emPloyea?
DISTNCT COUNCIL V� NO
— 3. Dom tks pereoNfirm pasaaas a stlY iwt nwmally posseased by arry curreM riry employx7
SUPPORTS WHICH COUNCIL OBJECTIVE?
VES NO
6pltln e4 yea erowen on upenN aheet e�d atbeh to preen aheet.
INITIATING PROBLEM, ISSUE, OPPORTUNIN ryVho, What, 4Vhen, VJhere. VJhyl:
The Boys & Girls Club of Saint Paul has submitted a request to the City for assuming management of the Valley Recreation
Center, 690 Jackson Street.
ADVANTAGESIFAPPROVED:
The Boys & Girls Club has access to various resources for programming and site development that the City does not have.
Quality services to the community will continue to be provided. It is expected that services wifl be expa�ded.
OISADVANTAGESIFAPPROVED:
RECEIVED
None
D�c zs 1991
DISADVANTAGES IF NOT APPROVm: ��� p ygyy..p � �
::::'lYOR'3 O�FtCE
�F+� 38i� �i 6A� 6/2c fl�i
The Boys & Gids Club will not be able to expand services. �EC 2 2���]
TOTALAMOUNTOFTRIWSACTION S COST/REVENUEBUOGETm(CIRCIEONEI - _
FUNDiNG SOURCE ACTMTY NUMB82
FlNANCIAL INFOFMATION: IEXPWN)
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LEASB AGREEMENT SETWEEN
THE CZTY OF SAINT PAIIL
]�.IZD
BOYS AND GIRLS CLIIB OF SAINT PAIIL
This Agreement, made and entered into this lst day of January,
1998, by and between the City of Saint Paul, a municipal
corporation and political subdivision of the State of Minnesota,
hereinafter referred to as "LESSOR" and Boys and Girls Club of
Saint Paul, 1620 Ames Avenue, Saint Paul, Minnesota, 55106, a non-
profit corQoration organized and existing under the Laws of the
State of Minnesota, hereinafter referred to as "LESSEE".
WITNESSETH:
WHEREAS, Lessor is the owner of certain property known as the
Valley Recreation Center, which is located within the corporate
limits of the City of Saint Paul, at 690 Jackson Street,
hereinafter referred to as "Premises"; and
WHEREAS, Lessee provides social, recreational, health,
educational and other community services to the Mount Airy
community, which is primarily served by Valley Recreation Center;
and
W�?EREAS, parties have determined that the interests cf the
community can be served by the lease of the premises to Lessee;
NOW, THEREFORE, in consideration of the mutual and reciprocal
covenants and agreements hereinafter set forth, and for good and
valuable consideration, parties hereto agree as follows:
1: Leased Premises Lessor does hereby lease the premises known as
the Valley Recreation Center, located at 690 Jackson Street,
together with all grounds and buildings, being more particularly
described in Exhibit A attached hereto and incorporated herein, to
the Lessor, subject to the conditions set forth in Section 1.3,
below.
1.1. Term of Lease The term of this agreement shall be for a
period of thirty (30) years from the date first written above. The
Lessee shall have the right and option to renew this lease for two
(2) successive renewal terms of ten (10) years each, upon the
provisions, covenants and conditions of this lease. The Lessee's
option to renew shall be exercised by notice in writing at least
six (6) months prior to the termination of the initial or first
renewal then in effect.
1.2. Use of Premises The Premises shall be used to carry out a__
program of health, recreation, social and/or other community
service activities in accordance with the written, acknowledged
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program of the Boys and Girls Club of Saint Pau1, as stated in
Exhibit B attached hereto and incorporated herein by reference. No
change in the use of the premises to a use other than that
permitted under this lease shall be made by the lessee without the
prior written consent of the Lessor, such consent not to be
unreasonably withheld. Such consent, if given, shall be based upon
findings by the Lessor that the proposed conversion is in
accordance with the current program of health, recreational, social
and/or similar community services in the area and is consistent
with comprehensive planning for the development of the community.
1.3. Access to Premises bv School District Lessee acknowledges
that it is an express covenant of this Agreement that the Premises
are subject to access by Franklin Elementary School, Independent
School District # 625, for gym, classroom space, classroom storage,
field and play area program needs. Details of the specific needs
of the school and right of access shall be negotiated by and
between Lessee and the School, but in the event they cannot agree,
the level of access shall remain at the levels permitted by Lessor
during the 1996-97 school year, except that if no agreement is
reached regarding the P1ay Equipment currently located on the
premises, Lessor will remove the equipment from the premises.
1.4 Space Use Charcres Lessee shall be entitled to impose space
use charges for the areas made available to and used by Franklin
Elemeritary School, but such charges shall not exceed the ordinary
and customary charges by the City for such uses.
1.5. Sublettina Premises Lessee may contract out the Premises or
a portion thereof from time to time to other social service
organizations, provided that Lessee maintains primary control of
and responsibility for the Premises during such times, and subject
to notice to and approval by the Lessor, such approval not to be
unreasonably withheld.
Notwithstanding the foregoing, Lessee shall not enter into any
lease or agreement transferring to any other organization or entity
the control or supervision of the Premises or any portion thereof
without the express, prior written consent of the Lessor.
2. Hasic Rent The yearly rental rate for the Premises shall be
One Dollar ($1.00), payable on or before January 1 of each year the
Agreement is in effect. At Lessee's option, the entire basic rent
for the initial thirty year term of this Agreement may be paid in
a lump sum of $30.00 may be paid upon the execution of this
Agreement.
3. Pavment of Utility Charges Lessee shall be responsible for the
payment of all charges for utilities for the premises, including
gas, steam, electricity, telephone, solid waste disposal, hazardous
waste disposal, water, sewer, and any other charge during the term
of this lease.
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4. Maintenance of the Premises Lessee shall be responsible for
keeping the Premises, and appurtenances thereto, in a clean,
sanitary, sa£e and healthy condition and in reasonably good repair,
all according to the statutes and ordinances in such cases made and
provided, and the directives of authorized public officers duly
authorized to enforce said laws. Should any portion of the
Premises not be maintained in satisfactory condition, the Lessor
shall notify the Lessee of the failure to meet said standards,
indicating what action must be taken to correct deficiencies. The
Lessee shall have a reasonable time period to make correction.
where existing statutes, ordinances, or policies and procedures of
enforcement agencies set forth a time period for correction, said
period shall be deemed reasonable.
Lessee will not be deemed to be in default of this Section if
reasonable efforts are being made to comply with applicable statues
and ordinances and directions of public officers, giving due regard
to the non-profit nature of Lessee, and from time to time, its
limited resources.
5. Modification of the Premises Parties agree that no new
construction, alterations or demolitions shall take place without
prior written approval of Lessor. Lessee shall notify Lessor, in
writing, of any plans or intent to pursue modifications,
alteratinns, demolition or new construction on the Premises, and
shall seek Lessor's participation in the planning process.
In any construction agreed to which will be paid for in all or
in part by City funds, Lessor sha11 have the right to approve of
any expenditures of said funds.
5.1. Compliance with local, state and federal laws Lessee agrees
that any new construction, or projects involving alteration,
modification or demolition o£ the premises, shall comply with
existing building, health, safety and fire codes, ordinances, rules
and regulations, and that premises shall be fully accessible to
persons with disabilities. Lessee further agrees to comply with
Section 183 of the Saint Paul Legislative Code with respect to all
contracts for construction, alteration or demolition or purchase of
goods, materials or supplies in furtherance of construction,
alterations or demolition of the premises.
5.2. SalvaQe riahts It is mutually agreed and understood that
Lessor, upon its approval of any new construction, modification,
alteration or demolition project, retains the right to salvage any
materials and equipment deemed surplus by the Lessee but useable by
the Lessor, prior to the commencement of said project(s), and
L,essee agrees to provide adequate notice and time in its project
schedule for Lessor to accomplish said salvage work.
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6. Non-discrimination Lessee shall not, on the basis of race,
creed, religion, color, sex, sexual or affectional orientation,
national origin, ancestry, familial status, age, disability,
marital status or status with regard to public assistance, deny to
any person the use, benefits or services provided by the Lessee,
and Lessee agrees that it will not adopt rules, regulations or
practices for the operation of the premises or any part thereof
which are discriminatory in nature, nor enter into any lease or
other agreement respecting the premises without incorporating into
such lease or agreement provisions which will insure that the use
and occupancy, and the provision of services and other benefits
will be available without regard to race, creed, religion, color,
sex, sexual or affectional orientation, national origin, ancestry,
familial status, age, disability, marital status or status with
regard to public assistance. Lessee further agrees to abide by all
local, state and federal laws, rules and regulations with respect
to discrimination.
7. Indemnification The Lessee acknowledges that it has primary
and virtually autonomous control over the Premises leased
hereunder, and that the Lessor has no detailed and continuing
awareness of the activities of the Lessee, its employees, officers
or agents. Lessee agrees to defend, indemnify and hold harmless
the Lessor from any and all claims or cause of action of whatever
kind or nature arising out if its programs and activities conducted
by Lessee, its employees, agents, sublessees and subcontractors,
except for those claims or causes of action which are attributable
to the direct negligence of the Lessor.
8. Insurance Lessee shall acquire and keep in effect during the
term of this agreement the following coverages:
A. Fire and Extended Coveracre Lessee shall procure
and maintain fire and extended coverage insurance
on the Premises, and on the contents, equipment and
furnishings therein, as outlined in Exhibit C, in
an amount sufficient to provide for not less than
full recovery, such amount to be determined by
Lessor.
B. Boiler Insurance Lessee shall purchase and
maintain boiler insurance as outlined in
Exhibit C, attached hereto and incorporated
herein by reference.
C. Commercial General Liability Insurance Lessee
shall purchase and maintain blanket
contractual liability coverage, personal
injury liability coverage and broad form
property damage liability coverage in amounts
sufficient to meet the statutory municipal
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liability limits as set forth in Minn. Stat.
§466.04.
D. Workers' ComDensation Insurance Lessee shall
purchase and maintain workers compensation
insurance with coverage not less than the
statutory limits.
All insurance coverage under this section shall be endorsed to
indicate that the insurer cannot cancel or change the terms of the
insurance without first giving Lessor thirty (30) days written
notice. Lessee shall provide a current certificate of insurance
for all coverages required herein, which shall remain on file with
the Department of Finance and Management Services and the Division
of Parks and Recreation.
9. Renorts, Records and Other pocuments Lessee shall furnish the
Lessor with an annual report within ninety (90) days after the
close of each calendar year setting forth a general accounting of
the operation of the Premise, and such report shall include,
without being limited to:
A. The names and addresses of the officers and
directors of its governing body and the
principal administrative staff officers
operating withir_ the Premises;
B. A statement of the nature and extend of the
activities and programs carried out during the
preceding year;
C. A certi£ication that it has operated the
Premises in accordance with the provisions set
forth in Section 1.2 of this Lease;
D. The status of a11 insurance required to be
maintained by the Lessee hereunder [and any
claims made or pending].
10. Corporate Existence of Lessee Lessee covenants that it will
maintain, extend and, if required, renew its corporate existence
under the laws of the State of Minnesota and all franchise, rights
and privileges to it granted and upon it conferred, as may be
required, and will not do, suffer or permit any act or thing to be
done whereby its right to transact its functions might or could be
terminated, or its operations or activities materially restricted.
11. Encumbrances. Taxes and Assessments Lessee will not
voluntarily create, cause or allow to be created any debt, 1ien,
charge or other encumbrance against the Premises which in any way
will impair or otherwise adversely affect the preservation of said
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Premises for the intended purpose or useful employment thereof.
Lessee shall pay and discharge, or cause to be paid and discharged,�
when due, taxes, assessments, service charges or other governmental
charges lawfully imposed upon its leasehold in the Premises or on
its operations therefrom, which if unpaid may by law become a lien
or charge on said Premises and thereby impair or otherwise
adversely affect the holding of said Premises for the purpose
herein set forth. The foregoing shall be subject to the right of
the Lessee to contest any such taxes, assessments or governmental
charges, and incident thereto, to withhold payment of the same
pending the disposition of its challenge to the imposition of such
tax, assessment or governmental charge.
12. Liens The Lessee shall not permit mechanic's liens or other
liens to be filed or established or to remain against the premises
for labor, materials or services furnished in connection with any
additions, modifications, improvements, repairs, renewals or
replacements made to the premises, or for any other reason,
provided that if the Lessee shall first notify the Lessor of its
intention to do so and shall deposit in escrow with the Lessor a
sum of money or a bond or irrevocable letter of credit acceptable
to the Lessor equal to the amount of the claim of lien, Lessee may
in good faith contest any such claims or mechanic's or other liens
filed or established and in such event may permit the items
contested to remain undischarged and unsatisfied during the period
of such contest. If, in the opinion of the Lessor, the nonpayment
of any such items subjects the premises to any loss or forfeiture,
the Lessor may require the Lessee to use the escrow account to
promptly pay all such unpaid items.
13. Surrender of Premises Lessee, at the expiration of the term
of this Agreement, or any subsequent amendment as may be made under
the provisions of Section 19.4, or any sooner termination of this
Agreement or amendments thereto, shall quit peacefully and
surrender possession of said premises and any improvements thereon
to Lessor.
14. Holdover Any holdover by Lessee after the expiration of the
term of this Agreement shall be deemed to be a tenancy only from
month-to-month. All other terms and conditions of this Agreement'
shall be applicable.
15. Pollutions and Contaminants Lessee agrees to comply with all
ordinances, laws, rules and regulations enacted by any governmental
body or agency relating to the control, abatement or emission of
air and water contaminants and dispose of refuse, solid wastes or
liquid wastes. Lessee shall bear all costs and expenses arising
£rom compliance with said ordinances, laws, rules or regulations
and shall indemnify, defend, save and hold harmless Lessor from all
liability, including without limitation, fines, forfeitures, and
penalties arising £rom the failure by Lessee to comply with its
obligations under this section.
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16. Events of Default The occurrence of any of the following
events during the term of this Agreement shall constitute an event
of default by Lessee:
A. The filing of a petition to have Lessee
adjudicated bankrupt or a petition for
reorganization or arrangement under any laws
of the United States relating to bankruptcy
£iled by Lessee;
B. In the event a petition to have Lessee
adjudicated bankrupt is filed against Lessee,
the failure to dismiss such petition within
ninety (40) days for the date of such filing;
C. The assets of Lessee or of the business
conducted by Lessee on the Premises are
assumed by any trustee or other person
pursuant to any judicial proceedings;
D. Lessee makes any assignment for the benefit of
creditors;
E. Failure by Lessee to timely pay costs as
required by this Agreement;
F. Failure by Lessee to purchase or maintain the
insurance coverage required by this Agreement;
G. Failure by Lessee or its surety to discharge,
satisfy or release any lien or lien statement
filed or recorded against the Premises within
sixty days after the date of such filing or
recording, whichever date is earlier if Lessee
is liable for the lien.
H. Any material breach of a,condition or term of the
Agreement.
It is an express covenant and agreement of Lessee and Lessor that
Lessor may, at its election, terminate this Agreement in the event
of the occurrence of any of the events described in this section or
the section relating to liens by giving not less than thirty (30)
days written notice to Lessee; and when so terminated, Lessor may
re-enter the Premises_
Neither this Agreement, nor the Premises, shall be treated as an
asset of Lessee's estate. It is £urther expressly understood and
agreed that Lessor shall be entitled to such re-entry,
notwithstanding any other provision of this Agreement, to exercise
such rights and remedies as are provided in this Agreement.
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17. Default Remedies If an Event of Default should occur, Lessor
may exercise any one or more of the following remedies:
A. Terminate this Agreement, exclude Lessee from
possession of the Premises, and use its best
efforts to lease the Premises to or enter into
an agreement with another agency in accordance
with applicable law;
B. Exercise any remedies available to it under
the Minnesota Uniform Commercial Code;
C. Take whatever action at law or in equity may
appear necessary or appropriate to collect the
basic costs and cost reimbursement then due
and thereafter to become due, or to enforce
performance and observance of any obligation,
agreement or covenant of Lessee under this
Agreement.
No remedy herein conferred upon or reserved to Lessor is intended
to be exclusive of any other available remedy or remeclies, but each
such remedy shall be cumulative and shall be in addition to every
other remedy given under this Agreement or now or thereafter
existing at law, in equity or by statute. No delay or omission to
exercise any such right or power accruing upon any default shall
impair any such right or power or shall be construed to be a waiver
thereof, but any such right and power may be exercised from time to
time and as often as may be deemed e�edient. In order to entitle
the Lessor to exercise any remedy reserved to it in this Provision,
it shall not be necessary to give any notice, other than such
notice as may be herein expressly required.
18. Aareement Administrators The Agreement Administrator for the
Lessor is the Superintendent of Parks and Recreation, or such
designee as the Supezintendent may choose, 300 Courthouse Annex, 25
West Fourth Street, Saint Paul, Minnesota, 55102_ The Agreement
Administrator for Lessee is its Executive Director, at the address
stated above.
19. Contract Interpretation
19.1. Section Headinas The headings herein are for convenience
and reference only and do not limit or construe the provisions
contained herein.
19.2 Annlicable Law, Severabilitv The validity and interpretation
of this Agreement shall be governed by and construed for all
purposes in accordance with the laws of the State of Minnesota. In
the event any provision of this Agreement, or the application
thereof, is held by a court of competent jurisdiction to be invalid
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or unenforceable, the parties agree that the remainder of the
Agreement shall not be affected thereby and the remainder of the.
Agreement shall be valid and enforceable to the fullest extent
permitted by law.
19.3 Entire Actreement This document contains the entire Agreement
between the parties hereto, and there are no agreements,
understandings or undertakings except as set forth herein. No
promises, inducements or representations other than as set forth
in this Agreement have been made, offered or agreed to by either
party. Any prior existing contract, agreement or negotiations and
writing between the parties and their representatives are
superseded hereby.
19.4 Amendment to the Agreement This Agreement may be amended
upon mutual agreement of Lessor and Lessee. Al1 amendments shall be
in writing and effective when duly and properly executed, and no
term, condition or covenant herein may be waived other than by such
writing.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date first set forth above.
CITY OF SAINT PAUL
Director, Department of Finance
& Management Services
BOYS AND GIRLS CLI7B
Executive Director
Board President
Superintendent, Division of Parks
& Recreation
Approved as to form:
City Clerk
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EXFi181T A
LEASE AGREEMENT
BETWEEN CITY OF SAINT PAUL AND
SHE BOYS AND GIRLS CLUB OF SAIN'f PAUL
FOR VALLEY RECREATiON CENTER
Leaal Descri�tion
Registered land survey 499 tract B& part of Lot 3 Block 1
Eastern Area Addition overlaying the following described property
part of Lots 26 through 32 Block 16 & that part of Lot 34 Block 16
lying southeriy of a line drawn from a point on the easterly boundary
line of Lots 34 & 13, said point being equai distance from Valley Street
and Mt. Airy Street; thence westerly to a point on the westerly
boundary of said Lot 34, in Dewey Bass & Rohrer's Addition.
«�:�iari�
LEASE AGREEMENT
BETWEEN CITY OF SAINT PAUL AND
THE BOYS AND GIRLS CLUB OF SAINT PAUL
FOR VALLEY RECREATION CENTER
Program of tfie Boys and Giris Club
97-�s�9
This mission of the Boys and Girts Cfub of Saint Pauf is to help young people ages 6
to 18 improve their lives by helping them to build self-esteem, develop values and
learn new skilis during critical periods of growth. The speciai fiocus of the clubs is
on chi(dren from disadvantaged circumstances.
The Club, from time to time, may aiso operate day care centers and senior
programs.
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LEASE AGREEMENT
BETWEEN CITY OF SAINT PAUL AND
TI� BOYS Ai�iD GIRLS CLUB OF SAINT PAUL
FOR VALLEY RECREATION CENTER
Insurance Requirements
1. The L,essee agrees to obtain insurance in the amounts set forth in Minnesota
Statute 466, naming the City as an additional insured thereon. All
insurance coverage shall be on an occurrence basis and not a claims made
basis.
2. The I,essee agrees to procure fire and extended coverage insurance, naming
the City as co-insured, based on the current appraised value of the building
and its contents, with a deductible of no more than $1000.
3. The L.essee agrees to procure and maintain boiler insurance.
4. The Lessee agrees to procure and provide continuous coverage and keep a
current certificate of insurance on file with the Department of Finance and
Management Services and the Division of Parks and Recreation at all tunes.