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HomeMy WebLinkAbout6.e. Lease Agreement with the Community Action Council from the Family Resource CenterAGENDA ITEM: Lease Agreement with the Community Action Council for the Family Resource Center AGENDA SECTION: �,01�SG PREPARED BY: Dan Schultz, Parks and Recreation Director AGENDA NO. (0.e. ATTACHMENTS: Proposed Lease Agreement APPROVED BY: nao RECOMMENDED ACTION: Motion to recommend the City Council approve the attached lease agreement with the Community Action Council for their use of the Family Resource Center. 4 ROSEMOUNT CITY COUNCIL City Council Special Meeting: November 5, 2008 EXECUTIVE SUMMARY ISSUE In 1998, the City of Rosemount agreed to lease the Rosemount Family Resource Center to the Community Action Council (CAC), allowing CAC to locate their Rosemount office in the building. The original lease was a 10 year agreement that will be ending in November of 2008. City staff have met with the representatives from CAC regarding the lease of the Family Resource Center. CAC would like to renew the lease and has asked for a change in the responsibilities regarding the maintenance of the outside of the building. In the original lease, CAC has been responsible for most of the outside maintenance of the building. Things such as snow removal, window replacement, trash collection, painting /staining of the building, etc. have been taken care of by CAC. Mowing and typical park maintenance responsibilities have been the responsibilities of the City. CAC has asked that in the new lease, the City would be responsible for all of the outside maintenance. BACKGROUND In the summer of 1997, the City of Rosemount received a Youth Initiative Grant from the Minnesota Department of Children, Families and Learning in the amount of $214,900. This grant, along with other grants and donations, allowed the construction of the Family Resource Center to become a reality. In December of 1998, CAC and the City of Rosemount agreed to have CAC lease the facility. CAC would then provide their services and also share space and encourage other service providers to use the facility. The CAC lease states that the facility will be used for serving children and families in the community through services such as crisis intervention, providing food, clothing, housing assistance, parenting support, academic support through mentorship, child care assistance, violence prevention outreach and recreation. The Center officially opened in February of 1999. SUMMARY Staff feels that CAC has done a good job providing services and managing the center. The Parks and Recreation Commission and staff recommend signing a new lease but do not support taking on all of the outside maintenance responsibilities. With a new lease, it is recommended that the City should take on the outside maintenance responsibilities that would include windows /glass replacement, trash collection, and painting /staining of the building, but not the snow removal. This information has been shared with CAC and they are agreeable to signing the new lease as proposed in the attached agreement ROSEMOUNT FAMILY RESOURCE CENTER LEASE AGREEMENT This Agreement, made this day of 2008 by and between the City of Rosemount, MN, a Minnesota municipal corporation, "Lessor and Community Action Council "CAC a Minnesota nonprofit corporation, WITNESSETH. That CAC, in consideration of the rents and covenants hereinafter mentioned, does hereby hire and take from the Lessor, the following described premises, situated in the City of Rosemount, the County of Dakota, and the State of Minnesota, solely owned by the City: The Rosemount Family Resource Center building and parking lot located on the following describing property: The West 205 feet of the north 532 of the Northeast Quarter of the Southeast Quarter, Section 30, Township 115, Range 19, except the South 212.5 feet thereof (the "premises 1. TO HAVE AND TO HOLD, The premises just as they are, and, except as detailed on Schedule 1 hereto "Landlord's Work without any liability of obligation on the part of Lessor of making alterations, improvements or repairs of any kind on or about the premises, for the term of ten (10) years from November 5, 2008, for the following purposes, to -wit: Serving children and families in the community through services such as crisis intervention, providing food, clothing and housing assistance, parenting support, academic support through mentorship, child care assistance, violence prevention outreach, recreation, and related activities which CAC will provide to the community. This Lease is entered into for the purpose of providing such services as a governmental program of Lessor, described above in this paragraph, as authorized by Minnesota Statutes sections 412.211 and 412.221, Subd. 2, in accordance with the Youth Initiative Grant. As consideration for this Lease, CAC will establish, manage, operate, and maintain the government program described above and allow, encourage, and support participation from other service organizations, including but not limited Rosemount Partnership Program, U of M Extension Service Dakota County, I.S.D. #196, Dakota County, Community of Hope Church, Shepherd of the Valley Lutheran Church, and Dakota Partnerships for Healthy Communities, to conduct programs jointly with CAC at the premises. CAC will keep and maintain the premises during the aforesaid term and quit and deliver up the premises to said Lessor peaceably and quietly at the end of the aforesaid term or at any previous termination thereof for any cause, in as good order and condition and state of repair, reasonable use and wearing thereof and inevitable accidents excepted, as the same now are or may be put into by said Lessor or by said CAC. 2. Lessor and CAC agree that their respective duties toward maintenance of the premises shall generally be that CAC will keep and maintain the interior of the building on the premises in good order and repair and Lessor shall keep and maintain the exterior of the premises and the surrounding grounds and parking lot on the premises in good order and repair. Without limiting the foregoing, the parties agree as follows: a. CAC shall, at its own cost and expense, keep the interior of the premises continually in a neat clean, and respectable condition, maintain in good order and repair all plumbing, toilets, sinks, pipes and drains, remove garbage and refuse, pay for all heating, city water, storm and sanitary sewer disposal charge, all insurance liability, or any other service used on the premises during the Term of this Lease. b. CAC shall, at its own cost and expense, keep the sidewalks and parking areas in front and along the premises cleared of ice and snow or other obstructions during the Term of this Lease. c. Lessor shall, at its own cost and expense, replace all glass now or hereafter broken on the premises, mow the grass and replace, seed or maintain the grass as required and perform necessary repairs to the structure of the premises. Lessor shall, if necessary, modify the premises to the extent required to comply with all applicable Federal, State and Municipal laws and regulations. Lessor shall furnish at Lessor's own risk, cost and expense any additional plumbing, ventilation, fire escapes, fire protection or other improvements required by State, Municipal other lawful authorities. 3. CAC will not make or suffer any waste on the premises, and will not assign or underlet the premises or any part thereof without the written consent of Lessor, written and signed on the back of this Lease, and will not to use the premises nor any part thereof for any purpose called extra hazardous by insurance companies. CAC shall prohibit any liquors or beverages to be sold, kept or tolerated on the premises. 4. CAC agrees that Lessor shall not be liable for any loss or damage which may be sustained by the CAC or others by the reason of the freezing, bursting, overflowing or defect of any water, sewer, gas or steam pipes, closets or sinks, in or about the premises or from premises overhead, nor for any loss or damage which directly or indirectly may be sustained by water, sewer, or gas, nor for loss or damage caused by water, ice or snow from roof, skylights, trap- doors or otherwise, nor for loss or damage by reason of the present or future condition of repair of the premises or for loss or damage arising from acts or omissions of CAC. 5. CAC agrees to permit Lessor or Lessor's Agent, contractors or employees at the premises on all reasonable times, to view it or show it to parties wishing to purchase, lease, or to make repairs, alterations or improvements to the building which is herein leased, and insert such tools, appliances and pipes as they may deem necessary for the purpose of making repairs, alterations and improvements, CAC hereby waiving any and all claims and demands for loss or damage or diminution of rent on account thereof, or on account of any obstruction to sidewalk, entrance or windows, also permit for rent signs to be put and remain within the premises 30 days before the expiration of within terms, without hindrance or molestation. 6. CAC will provide annual budgets which show program revenues and expenses for the CAC's programs in a form satisfactory to the Lessor and any other reports which may be reasonably requested by the Lessor. Failure to do so will result in loss of all CAC's rights on the premises. In the event the Lessor establishes a citizen advisory board, CAC will meet and confer with the board at reasonable times and intervals 7. If the buildings on the premises shall be destroyed, or be so injured by the elements or any cause, as to be untenantable and unfit for occupancy, then the liability of CAC for the rent of the premises thereafter, and all right to the possession thereof, shall at once cease. 8. It shall be an event of default under this Lease if CAC fails to perform any obligation under this Lease. If such failure continues for thirty (30) days after written notice from Lessor to CAC, then the Lessor may cancel and annul this Lease at once, and re -enter and take possession of the premises immediately, and by force if necessary, without any prior notice of intention to re- enter, and remove all persons and their property therefrom, and to use such force and assistance in effecting and perfecting such removal as said Lessor may deem advisable to recover at once full and exclusive possession of all the premises, whether in possession of said CAC or of third persons, or vacant; or said Lessor may at Lessor's option at any time after such default or violation of condition or covenant, re -enter and take possession of the premises, without such re- entering working a forfeitures of the rents to be paid and the covenants to be kept by said CAC for the full term of this Lease. 9. If the buildings on the premises are destroyed or so injured by the elements or any cause as to be untenantable and unfit for occupancy, then the liability of said CAC for the rent of the premises thereafter, and all right to the possession thereof, shall at once cease. 10. This agreement may be terminated without cause upon 60 days written notice by either party or in the event the governmental program is terminated. 11. All the covenants, terms and conditions of this Lease shall extend, apply to and firmly bind the heirs, executors, administrators, successors and assigns of the respective parties hereto as fully as the respective parties are themselves bound, but this provision shall not authorize the assignment or underletting of this Lease contrary to the provisions hereinbefore contained. IN TESTIMONY WHEREOF, The parties have signed, sealed and executed this instrument in duplicate the day and year first above written. City of Rosemount By: Title: Date: Community Action Council By: Title: Date: