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HomeMy WebLinkAbout6.q. Lease and maintenance Agreements with Department of Military AffairsCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: January 20, 2004 AGENDA ITEM: Lease and Maintanece Agreements with AGENDA SECTION: Department of Military Affairs CONSENT AGENDA PREPARED BY: Dan Schultz, Parks and Recreation Director AGE ATTACHMENTS: Proposed 2004 Armory Lease and Maintenance APPROVED BY: Agreements Annually, the City Council reviews the lease and maintenance agreement with the Minnesota State Armory Building Commission (MSABC) and the Department of Military Affairs for the Rosemount Community Center /National Guard Armory. The maintenance agreement outlines what the City will provide in the form of janitorial and light maintenance services at the National Guard Armory \Community Center in the shared use areas. This arrangement has been in place fora number of years and has worked very well for both parties. The only proposed change from last year's contract is an increase in the amount of the reimbursement the City receives for coordinating the HVAC contract. The lease agreement outlines the portions of the Armory that the City will have access to,. Under these contracts, the Department of Military Affairs would be responsible for reimbursing the City for the costs involved with providing services to the shared use portions of the facility. The Parks and Recreation Department staff is recommending approval of the attached lease and maintenance agreements with the Minnesota State Armory Building Commission (MSABC) and the Department of Military Affairs. RECOMMENDED ACTION: Motion to approve the 2004 Rosemount Community Center /National Guard Armory Lease and Maintenance Agreements. COUNCIL ACTION: F AGREEMENT BETWEEN THE MINNESOTA STATE ARMORY BUILDING COMMISSION AND THE CITY OF ROSEMOUNT TO LEASE SPACE WHEREAS, the Minnesota State Armory Building Commission, hereinafter referred to as MSABC, has constructed an armory in the City of Rosemount; and WHEREAS, Minn. Stat., Sec. 193.145, Subd. 5, anticipates that portions of such armory can be leased to other entities as long as such lease does not conflict with the lease to and use of the armory by the State of Minnesota for military purposes; and WHEREAS, the City of Rosemount, hereafter referred to as City, desires to utilize a portion of said armory; and WHEREAS, the MSABC desires to enter into an agreement with the City for the use of the armory when it is not being used for military purposes. NOW, THEREFORE, BE IT AGREED that the MSABC does hereby lease to the City, and the City does hereby accept lease of, that portion of the armory located in the City of Rosemount, also known as the Rosemount National Guard Training and Community Center as described on Attachment A hereto, on the following terms and conditions: 1. TERM: The term of this agreement shall be for one year beginning January 1, 2004 and continuing to December 31, 2004, whereupon this lease shall continue on a month -to -month basis until terminated or modified by a one - rental period written notice. Lessee agrees not to assign this lease or any portion thereof without first obtaining the written consent of the lessor. 2. PAYMENT: The City agrees to pay the MSABC the sum of One Thousand Four Hundred and no /100 Dollars ($1,400.00) each month. The amount is payable on an annual basis. All payments are to be made payable to the MSABC and mailed to Executive Director — MSABC, Veterans Service Building, 20 West 12 Street, St. Paul MN 55155. CLL- 191737v1 RS215 -7 1 i 3. CANCELLATION: The MSABC reserves the right to cancel this lease at any time in the event that an emergency arises that shall make necessary the use of this armory by the military forces for the State of Minnesota, and that no claims for any damage that may result to the City from any such cancellation shall be asserted or maintained against the MSABC. 4. LIABILITY: The MSABC shall defend, indemnify, and hold harmless the City, its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses or expenses, including attorney fees, arising out of or resulting from the MSABC's performance of the duties required under this lease, provided that any such claim, damages, loss or expense i s attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of the MSABC. All such liability and indemnity shall be limited to the coverage provided by the MSABC's insurance carrier, if any, and if no coverage is provided therefor, by limits imposed by Minn. Stats., Sec. 466.04. The City shall defend, indemnify and hold harmless the MSABC, its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses or expenses, including attorney fees, arising out of or resulting from the City's performance of the duties required under this lease, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of the City. All such liability and indemnity shall be limited to the coverage provided by the City's insurance carrier, if any, and if no coverage is provided therefor, by limits imposed by Minn. Stats., Sec. 446.04. CLL- 191737v 1 2 RS215 -7 5. COMPLIANCE WITH LAW: The City agrees to comply with all of the laws, rules and regulations of the United States and the State of Minneosta, and the rules and regulations of the MSABC for the government and management of said armory together with all rules and requirements of the Police and Fire Departments of the City of Rosemount. Furthermore, the City shall obtain all permits or licenses required by any provision of law, municipal charter or ordinance for the conduct of programs and activities organized and managed by the City on the leased premises, and the MSABC and the State of Minnesota shall not be responsible for the City's failure to obtain such permits and licenses or to comply with any other requirement imposed upon the City for the conduct of such activity. 6. VACATION: The City agrees to vacate the leased premises, remove debris and restore same to ordinary cleanliness within one week after termination of the period covered by this lease. 7. SCHEDULE OF USE: It is agreed and understood that the facility is primarily for use by the Minnesota National Guard and that military activities must take precedence over any use by the City. The City and the MSABC shall cooperate to avoid any conflicts between uses. The MSABC shall provide the City with a written schedule of its use of the armory's shared facilities one year in advance. This schedule will become part of the lease. The City will incorporate this schedule into the City's schedule. It is understood that the schedule may change from time to time, and the M SABC shall g ive reasonable n otice to the C ity in such cases. If, for any reason, the schedule requires changing by the City, the City shall give reasonable notice to the MSABC. 8. OPERATING COSTS: On the basis of the space and time utilized under this and future leases with the City, the City will pay water, sewer, electricity, heating and other services and utilities associated with its use or lease of the facilities, and will provide the necessary janitorial CLL- 191737v1 3 RS215 -7 service, snow removal and grounds keeping commensurate with its use. The City agrees further that it will pay a pro rata share of mutually agreed upon major maintenance or improvement (sometimes called "repair, replacement or betterment ") to the facility where such major maintenance or improvement is required because of the City's use of the premises. The intent of the parties in executing this lease is that the parties will annually review and establish the City's use schedule and the City's schedule of its pro rata share of operating costs based upon the use and costs for the previous year. It is understood by the parties that other questions may arise during operation of the facility. Both parties pledge their cooperation to make this work for the public benefit. The parties agree to cooperate in every reasonable manner to erect and operate a facility that first and foremost shall be considered a military structure for use by the National Guard and, second, shall be considered a public facility for use by the public. The City agrees to make no change in the stage, curtains, electric wiring, fixtures or furnishings of those portions of the armory or shared spaces covered by the lease. The expense of any agreed upon changes shall be assumed by the City and shall include the cost of restoring the premises to its former conditions without damage. 9. MINOR REPAIR AND MAINTENANCE: T he D epartment of Military Affairs, State of Minnesota shall be responsible for maintenance of any specially fenced secure area for military vehicles or any accessory building utilized to store government equipment, and shall be responsible for maintenance and repair of shared areas incident to and after use by the National Guard. The City shall have personnel on the premises at all times during City use or City generated lease of the building and shall be responsible for maintenance and repair and securing the building when personnel are not present. CLL- 191737v1 4 RS215 -7 10. NOTICE: Any notices under this lease may be given to the MSABC by sending to: Executive Director Minnesota State Armory Building Commission Veterans Service Building 20 West 12` Street St. Paul MN 55155 and to the City by sending to: Rosemount Parks and Recreation Department Attn: Dan Schultz, Director of Parks and Recreation 13885 South Robert Trail Rosemount, MN 55068 11. INSURANCE: Each party shall maintain insurance on their property interests in the facility. IN TESTIMONY WHEREOF, both parties have hereunto set their hands and seals this day of , 200_. CITY OF ROSEMOUNT By: Its Mayor By: Its Clerk MINNESOTA ARMY NATIONAL GUARD By: Its Chairman LIZA Its Superintendent CLL- 191737v1 5 RS215 -7 ATTACHMENT A TO ROSEMOUNT NATIONAL GUARD TRAINING AND COMMUNITY CENTER LEASE Schedule of City's Anticipated and Requested Use of Facilities Schedule of Use: Area of Building: (1) Gymnasium, Gym Storage NE corner and Locker Room Areas (2) Classrooms #204, 206, 208, 210,212,214,215,216,221 and Auditorium and Auditorium Storage (3) Kitchen, lower level CLL- 191737v1 RS215 -7 A -1 Dates and Time of Use: Sunday thru Saturday from 7:00 a.m. to 10:00 p.m. except where it conflicts with those days scheduled as drill dates with the City. Same as above Same as above MAINTENANCE AGREEMENT This agreement is made by and between the Minnesota Army National Guard ( "Guard ") and the City of Rosemount ( "City "). WHEREAS, the Minnesota State Armory Building Commission ( "MSABC ") leased to the City a portion of the Rosemount National Guard Training and Community Center ( "Center ") on terms and conditions specified in the attached lease agreement ( "Lease "); and WHEREAS, the Guard and the City share responsibility for maintenance of the Center; and WHEREAS, The Guard and the City desire to agree upon certain terms and conditions relating to their respective maintenance responsibilities for the Center. NOW, THEREFORE, BE IT AGREED that for good and valuable consideration the parties agree as follows: 1. The City will perform the following maintenance duties listed in attachment A. The Guard will pay the City $ 12,000.00 to reimburse the City for the costs of providing the services. The City and Guard may agree to increase the amount of reimbursement in future years. The City will invoice the Guard monthly for the services provided. 2. The City will enter into a mechanical air handler contract. The Guard will pay the City $18,396.00 to reimburse the cost of this contract. The City will invoice the Guard monthly for such reimbursement. 3. The City will continue to provide janitorial supplies (light bulbs, hand towels, toilet paper, hand soap, all cleaning agents and other necessary supplies) in shared use areas of the Center. This does not include supplies to strip and refinish the gym floor or tile hallways. The Guard will pay up to $2,000.00 for its pro rata share (based on facility use) of the cost of such supplies. The City will monthly invoice the Guard for reimbursement of these expenses. 4. The Guard will pay its portion of the "chiller" maintenance contract, elevator maintenance contract, fire protection services, boiler inspections and any other s ervice contracts needed. These items are all separate from the air handler contract and are not to exceed $3,500.00. The City will invoice the Guard monthly for its pro rata portion (based on facility use) of the contract expense. 5. The Department of Military Affairs, State of Minnesota, shall pay the City $16,000.00 for the direct costs of services provided to the National Guard for grounds keeping and snow removal. cLL- 191720vl 1 RS215 -7 6. The Guard will keep all equipment purchased, wholly or in part, with Guard funds at the Center for custodial or maintenance activities. The Guard may reassign tools or equipment purchased solely with state funds to other sites but the City shall have no obligation to replace such tools or equipment. 7. The Guard or MSABC will identify and pay for repairs, changes or alterations to space used solely by the Guard. The City may identify needed repairs, changes or alterations in shared use spaces. The City shall request the Guard's authorization and a work order number prior to performing or contracting for work in the Center. Upon receipt of authorization and a work order number, the City may invoice the Guard for repairs, changes or alterations to the Center. The City may perform emergency work immediately and notify the Guard as soon as is practical. 8. The t erms and conditions of this agreement shall be effective beginning on January 1, 2004, and shall terminate on December 31, 2004 unless modified or extended by written agreement of the parties. The Agreement may be terminated by either party hereto by thirty (30) days written notice to the other party. The parties acknowledge the terms and conditions of the Lease and agree that any provision of the Lease that is inconsistent with the foregoing terms and conditions shall be deemed superceded and replaced by the terms herein. IN WITNESS WHEREOF, the parties have executed this agreement this day of 200_. CITY OF ROSEMOUNT By: Its Mayor By: Its Clerk MINNESOTA ARMY NATIONAL GUARD U O IN Terrence Palmer, MSABC -EXDIR cLL- 1917200 2 RS215 -7 Attachment A List of Duties for shared use Areas: After all National Guard generated use, the Guard will: Bring all shared use areas to a "customer ready" condition. This will include the following shared use areas and duties: Classrooms • All floors will be cleaned and vacuumed. • White boards will be cleaned. • Trash will be removed from wastebaskets and reline. • Tables will be located in the standard classroom set up with the chair cushions setting on the tables. • Tables will be cleaned. Carpeted Hallways • Will be vacuumed and cleared of any debris. Tile Hallway (lower level) • Will be dry mopped and spot mopped. National Guard Armory Entrance • Dry mop and spot mop floor • Vacuum rugs • Empty ash urns • Clean glass Ceramic Tile Floor and Stairs (upper level) • Will be dry mopped and spot mopped. Drill Floor (Gymnasium) • Will be dry mopped and spot mopped. • Remove all tables and chairs. • Remove trash and replace liners. Restrooms (upper level and lower level) • Will be completely renovated which includes cleaning the toilets, urinals, sinks, floors, mirrors and restock all soap and paper products with National Guard product. • Remove trash and replace liners. Auditorium • Remove trash • Vacuum • Put arm tables in a down right position. • Sweep and clear stage. Elevator • Vacuum After all National Guard generated use; the CITY of ROSEMOUNT will provide the following services to ONLY the facilities listed below: Ceramic Tile Floor (upper level) • Scrub the tile using a walk behind floor scrubber Drill Floor (Gymnasium) • Scrub the tile using a walk behind floor scrubber Tile Hallway (lower level) • Scrub the tile using a walk behind floor scrubber The CITY will also perform the following duties on an annual a basis or as deemed necessary: Drill Floor (Gymnasium) • Strip and seal the floor Tile Hallway (lower level) • Strip and wax the tile Carpeted Hallways • Deep clean the carpets (every six months) Classrooms • Deep clean the carpets (every six months)