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Home My WebLink About6.d. Rental Agreement with Independent School District 196 f` , "' CITY OF ROSEMOUNT ` EXECUTIVE SUNIMARY FOR ACTION .�. .,MEETING DATE: May 6, 1997 �� ITEM: Rental Agreement with School District #196 AGENDA SECTION: ` Consent �REPARED BY: Jim Topitzhofer, Parks & Recreation and AGENDA NO. ' Community Center Director ��C,�A � � ]"'� CIYI �J ATTACHMENTS: Rental Agreement for School District #196. APPROVED BY: Independent School District #196 has requested extended use of the gymnasium to conduct physical education courses to the the Emotional Behavior Disability Program (EBD). They are currently renting the gymnasium during early weekdays, at a time the gym is not in use. They are requesting to rent the gym next Fall until they move to a permanent building in Apple Valley. This agreement is identical to the previously approved agreement with the exception that either party can terminate the agreement, without notice and without cause. Terms of the agreement are highlighted below: • The term of the Agreement is September 2, 1997 to February 1, 1998 (or sooner if their new building is completed ahead of schedule). • The rental payment is $35.00 per hour. � EBD will provide a staff supervisor ratio of 2 to 3 teachers per 8 students. • The Agreement may be terminated without cause by either party. RECOMMENDED ACTION: Motion to approve the attached rental agreement with School District #196. COUNCIL ACTION: ♦ ROSEMOUNT COMMIINITY CENTER RENTAL AGREEMENT This agreement, made this day of , 1997, by and between the City of Rosemount, hereinafter called the CITY, and Independent School District #196, hereinafter called the RENTER. WITNESSETH: The CITY and the RENTER, in consideration of rents, covenants, and agreements herein reserved and contained, do hereby agree with the other as follows: 1. The CITY grants and the RENTER accepts rental of the following described portions of the Rosemount National Guard Training and Community Center, in the City of Rosemount, Dakota. County, Minnesota, to wit gymnasium from September 2, 1997 to February l, 1998, during dates and times listed on the attached permit, for specific use of physical education for the Emotional and Behavior Disability Program (EBD). 2. As rent for the said portions of the Rosemount Community Center, the RENTER agrees to pay to CITY, the sum of$35.00 per hour of use, payable in monthly ', payments of$1,296.75 to be due and payable by RENTER in advance of the fifteenth day of each calendar month during the term of this agreement or until the agreement is ' terminated. 3. RENTER shall a ree to a CITY for dama es to the remises caused by activities and � g PY g P or persons attending, staffed by, or otherwise aff'iliated with EBD. I 4. CITY and RENTER shall each be responsible for the authorized acts of their respective officers, employees, or agents and not the acts of the other party's officers, employees, or agents. RENTER shall maintain in full force and effect a policy of liability insurance in an amount not less than two hundred thousand dollars ($200,000) for injury or death to one person, six hundred thousand dollars ($600,000) for injury or death to more than one person arising out of a single occurrence, and one hundred thousand dollars ($100,000) for damage to property. 5. RENTER agrees not to assign this lease, or any portion thereof, to or for any other purpose, organization, or party other than EBD, without first obtaining written consent of CITY. 6. CITY agrees that no signs or other advertising materials shall be erected or affixed to any portion to the interior or exterior of the premises without the express prior written consent of CITY. 7. RENTER agrees to and shall abide by, conform to, and comply with all laws of the United States and the State of Minnesota and all of the ordinances of the City of Rosemount, and the rules and regulations of the CITY, together with all rules of the Police and Fire Department from the City of Rosemount. _- - --— s _ __ _ , ` 8. The CITY, the City of Rosemount, its officers and staff, shall not be responsible for I� any claim whatsoever regardless of kind, occurring during the tenancy of the RENTER ' and RENTER shall indemnify CITY, the City of Rosemount, its officers and staff, and save them harmless from any and all claims, damages, expenses and liabilities whatsoever arising out of and or during RENTER'S use of the leased premises. Furthermore, the RENTER shall obtain all permits or licenses required by any provision of law, municipal charter or ordinance for the conduct of activity on the leased premises and the CITY shall not be responsible for the RENTER'S failure to obtain such permits and licenses or to comply with any other requirements imposed upon RENTER for conduct of activity. 9. RENTER agrees to full responsibiliry for the character and acts of conduct of all persons admitted to EBD on the premises, and to have on hand sufficient supervision to maintain order and protect persons and property. 10. CITY reserves the right to cancel this agreement at any time in the event that any emergency arises which shall make necessary the use of the Rosemount National Guard Training and Community Center by the Military Forces of the State of Minnesota, and that no claim for any damage that may result to RENTER from such cancellation shall be asserted or maintained against the CITY. 11. This agreement may be terminated without cause by either party. In testimony whereof both parties have hereunto set their hands and seals the day and year � written below. Signed in the presence of Rosemount Community Center Independent School District #196 by: CITY RENTER Date: Date: