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HomeMy WebLinkAbout4.q. Rental Agreement with School District #196 CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: May 7, 1996 AGENDA ITEM: Rental Agreement with School District #196 AGENDA SECTION: Consent PREPARED BY: Jim Topitzhofer, Parks & Recreation and AGENDA NO. Community Center Director ITEM # ATTACHMENTS: Rental Agreement for School District #196. APPROVED BY: The School District has operated an Early Childhood Family Education program at the Community Center since August 15, 1994. It is now time to renew their rental agreement. Terms of the new agreement are identical to the previous agreement with the exception of a 3% fee increase for the first year and another 3% increase the next year. School District#196's agreement is highlighted below: • The term of the Agreement is two years, beginning September 1, 1996. • ECFE requires use of three classrooms, Mondays - Thursdays, from 8:00 a.m. to 9:00 p.m., and on Fridays from 8:00 a.m. to 4:00 p.m. This space measures 1,546 square feet. They do not require gym space, but it is ideal for creative activities. • A lease payment is $1,194.29 per month the first year and $1,230.12 per month the second year. • ECFE will be offered some gym space. They do need regular scheduled time in the gym and are flexible enough to the point of utilizing the gym at times when it is not in use otherwise. • ECFE will utilize the copy and fax machine in our office for a charge of$.05 per copy. RECOMMENDED ACTION: Motion to approve the attached rental agreement with School District #196. COUNCIL ACTION: ROSEMOUNT COMMUNITY CENTER LEASE This agreement, made this day of , 1996, by and between the Rosemount Community Center, hereinafter called the LESSOR, and Independent School District#196 whose address is 14445 Diamond Path, Rosemount, MN, and whose telephone number is 423-7700, hereinafter called the LESSEE. WITNESSETH: The LESSOR and the LESSEE, in consideration of rents, covenants, and agreements herein reserved and contained, do hereby agree with the other as follows: 1. The LESSOR grants and the LESSEE accepts a lease of the following described portions of the Rosemount National Guard Training and Community Center, in the City of Rosemount, Dakota County, Minnesota, to wit room 206, 208, 210, of which totals 1,546 square feet, for a term from September 1, 1996 to August 31, 1998, Mondays through Thursdays 8:00 a.m. to 9:00 p.m. and Fridays, 8:00 a.m. to 4:30 p.m., for specific use of Early Childhood Family Education. 2. As rent for the said portions of the Rosemount Community Center, the LESSEE agrees to pay to LESSOR, monthly payments of$1,194.29 to be due and payable by LESSEE in advance of the fifteenth day of each calendar month during September 1, 1996 to August 31, 1997 agreement, and $1,230.12 to be due and payable by LESSE in advance of the fifteenth day of each calendar month during September 1, 1997 to August 31, 1198. In the event of any fractional calendar month, LESSEE shall pay for each day in such partial month a rental equal to 1/30th of the above monthly sum. 3. LESSEE shall agree to pay LESSOR for damages to the premises caused by activities and or persons attending, staffed by, or otherwise affiliated with Early Childhood Family Education. 4. LESSOR and LESSEE 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. LESSEE 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 ($100,000) for damage to property. 5. LESSEE agrees to pay monthly phone charges. 6. LESSOR shall furnish LESSEE limited gymnasium space, to be determined on a monthly basis, and not guaranteed on a daily basis. 7. Lessor shall permit LESSEE to store large play equipment in rooms 206, 208, or 210, during weekdays. Large play equipment will be removed by the LESSOR on Friday evenings, stored elsewhere, and returned by Monday mornings at 8:00 a.m. 8. LESSOR shall furnish LESSEE limited refrigerator space in Banquet Room Kitchen. LESSEE agrees to remove all food or beverage by 4:30 p.m. on Friday afternoons. 9. LESSEE agrees to consolidate all equipment into storage cabinets by 4:30 p.m. each Friday, other than large play equipment. 10. LESSOR shall require LESSEE to use a suitable drop cloth for such activities which may damage, stain, or present extra cleaning to carpeted areas. 11. LESSOR shall require LESSEE to furnish whiteboard supplies. 12. LESSOR shall permit LESSEE to store a changing table in adjacent rest room. 13. LESSOR shall permit LESSEE use of copy machine and fax for a sum of$.05 per copy/fax. LESSEE provide LESSOR a log sheet of copy and fax machine use each calendar month, in advance of the 5th day of the next calendar month. LESSOR shall invoice LESSEE in advance of the 10th day of the next calendar month for said LESSEE use of copy and fax machines, of which LESSEE shall pay in advance of the 30th day. Should LESSOR purchase a new copy machine, LESSOR shall adjust a new copy fee based on actual costs. 14. LESSEE agrees not to assign this lease, or any portion thereof, to or for any other purpose, organization, or party other than Early Childhood Family Education, without first obtaining written consent of LESSOR. 15. LESSOR 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 LESSOR. 16. LESSEE will not make any alterations, repairs, additions, or improvements in or to the premises or add, disturb or in any way change any locks, plumbing, or wiring without the express prior written consent of LESSOR. 17. The LESSOR agrees to furnish and pay for water, gas, and electric service. The LESSOR shall furnish heat during usual heating season and air conditioning during the usual air conditioning season. Lessor also agrees to provide general custodial services. 18. LESSEE 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 LESSOR, together with all rules of the Police and Fire Department from the City of Rosemount. 19. The LESSOR, the City of Rosemount, its officers and staff, shall not be responsible for any claim whatsoever regardless of kind, occurring during the tenancy of the LESSEE and LESSEE shall indemnify LESSOR, 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 LESSEE'S use of the leased premises. Furthermore, the LESSEE 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 LESSOR shall not be responsible for the LESSEE'S failure to obtain such permits and licenses or to comply with any other requirements imposed upon LESSEE for conduct of activity. 20. LESSEE agrees to full responsibility for the character and acts of conduct of all persons admitted to Early Childhood Family Education on the premises, and to have on hand sufficient policing force to maintain order and protect persons and property. 21. LESSOR 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 LESSEE from such cancellation shall be asserted or maintained against the LESSOR. LESSOR shall make every attempt to find suitable space in the same facility of other building if such an event occurs. In testimony whereof both parties have hereunto set their hands and seals the day and year written below. Signed in the presence of City of Rosemount Independent School District#196 by: LESSOR LESSEE Date: Date: