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HomeMy WebLinkAbout4.h. Community Center Rental Agreements � t �"� CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: October 18, 1994 AGENDA ITEM: Community Center Rental Agreements AGENDA SECTION: Consent PREPARED BY: Jim Topitzhofer, Pazks &Recreation and Community Center AGFyNDA NO. � Director �TEM 71' � � ATTACHMENTS: Rental Agreements for School District#196 and Woodcrest APPROVED BY: Church. We have worked diligently to promote and rent the Community Center during off peak hours. The attached agreements aze the product of negotiations with two major customers who use the facility during off peak hours, School District#196 (offering Eazly Childhood Family Education), and Woodcrest Church. The general terms of the Woodcrest Church Rental Agreement are: • One year lease from August 21, 1994 to August 21, 1995, which may be terminated by either party wifh four months notice, for use of the facility on Sunday mornings. • Annual rent is a minimum of$17,720, payable in monthly payments of$1,476.67 which is adjusted up with additionat room requests. � Woodcrest Church sets up all tables and chairs. School District#196's agreement is highlighted below: • Beginning August 15, 1994, ECFE requires use of three classrooms, Mondays - Thursdays, fram 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 creauve activities. • A lease price of$9.00 has been negotiated. Market rates for office space range from$7.00 to $12.00 per square foot per annum. This equates to $13,914 per year, payable in the amount of$1,159.50 per manth. • The Community Center will furnish a sink, sink counter, and telephone in room 206. ECFE will fiirnish all equipment, storage&file cabinets, and microwave. ECFE wili be offered limited use of the kitchen refrigerator. • ECFE will be offered some gym space. They do need regulaz scheduled time in the gym and aze flexible enough to the point of utilizing the gym at times when it is not in use otherwise. • ECFE will utilize the copy and fax machine in our office for a charge of$.OS per copy. The Community Center Commission has recommended City Council to approve and the City Attorney has reviewed both of these agreements. RECOMMENDED ACTION: Motion to approve the attached rental agreements with Woodcrest Church and School District #196. COUNCIL ACTION: ROSEMOUNT PARKS AND RECREATION DEPARTMENT ROSEMOUNT COMMUNITY CENTER RENTAL AGREEMENT This agreement, made this Sth day of October, 1994, by and between the Rosemount Community Center, hereinafter called the CITY, and Woodcrest Church whose address is Yankee Square l, 3440 Federal Drive Suite 250, Eagan MN, 55122 and whose telephone number is 681-9800, hereinafter called the RENTER. WITNESSETH: The CITY and the'RENTER, in consideration of rents, cove�ants, 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 Meeting Rooms 202, 203, 204, 205, 206, 208, 210, 212, 214, 215; Auditorium, and Banquet Room, for a term from October 5, 1994 to August 21, 1995, and restricted to the attached permit schedule, for specific use of conducting Church Services for Woodcrest Church. 2. As rent for the said portions of the Rosemount Community Center, the RENTER agrees to pay to CITY, the sum of $17,720.00, payable in monttily payments of $1,476.67 to be due and payable by RENTER in advance of the first day af each calendar month. 3. RENTER shall agree to pay CITY for damages to the premises caused by activities and or persons attending, staffed by, or otherwise aff'�liated with Woodcrest Church. 4. After November 19, 1994, CITY sha11 fumish RENTER space to store a 5 foot by 10 foot x 10 foot storage container in the Auditorium storage. Prior to November 19, 1994, CITY shall furnish RENTER space to store a 5 foot by 10 foot storage container in the Coat Room. 5. CITY shall furnish RENTER limited use of the in Banquet Room Kitchen. RENTE�t agrees to remove all food or beverage by the end of each daily rental. 6. RENTER sha11 move tables and chairs to desired set-up, RENTER will ret�n ta.bles & chairs to original position by the end of each daily rental. 7. RENTER agrees to consolidate all equipment into storage container by the end of each daily rentaL 8. CITY shall require REN'i'ER to furnish whiteboard supplies. 9. CITY shall not pernut RENTER use of off'ice equipment or any other suppiies or equipment located in the administrative offices. , 10. RENTER agrees not to assign this lease, or any portion thereof, to or for any other purpose, organization, or party other than Woodcrest Church, without first obtaining written consent of CITY. 11. CITY agrees that no signs or other advertising materials shall be erected or aff'ixed to any portion to the interior or exterior of the premises without the express prior written consent of CITY. RENTER shall request authorization of signage in writing to CITY. 12. REN1'ER will not make any alterations, repairs, additions, or unprovements 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 CITY. 13. RENTER agrees to and shall abide by, conform to, and comply with all laws of the United States and the State of Minnesota. and a11 of the ordinances of the City of Rosemount, and the rules and regulations of the CITY, together with a11 rules of the Police and Fire Department from the City of Rosemount. 14. The CITY, 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 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. 15. RENTER agrees to full responsibility for the character and acts of conduct of all persons admitted to Woodcrest Church on the premises, and to have on hand sufficient policing force to maintain order and protect persons and property. 16. 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 mainta.ined against the CITY. 17: RENTER shall agree to maintain an address other than that of the CITY. All mail for RENTER shall be directed to the address of RENTER at all times. RENTER shall agree to maintain a phone number other than any and all phone numbers assigned to the facility of CITY. RENTER shall agree to direct all RENTER calls to any phone number other than any and all phone numbers assigned to the facility of CITY. 18. This lease ma.y be terminated by either party for any reason upon at least four (4) months written notice to the other. Tlus lease shall terminate at midnight on August 21, 1995 with no extension or holding over unless the parties ha.ve agreed upon terms and a new written lease has'been executed. 19. RENTER agrees maintain adequate liability insurance in an amount no less than $1,000,000, naming the City of Rosemount additionally insured. RENTER agrees to provide property insurance for personal property which it uses or stores on the premises. RENTER shall provide CITY with proof of insurance required by :the paragraph. In testimony whereof both parties have hereunto set their hands and seals the day and year written below. Rosemount Community Center Woodcrest Church by: CITY RENTER Date: Date: ROSEMOUNT COMMUrTITY CENTER LEASE This agreement, made this 6th day of July, 1994, 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 Communiry 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 August 15, 1994 to August 31, 1996, Mondays through Thursda.ys 8:00 a.m. to 9:00 p.m. and Frida.ys, 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, the sum of$9.00 per square foot per annum, payable in monthly payments of $1,159.50 to be due and payable by LESSEE in advance of the fifteenth day of each calendar month during the term of this agreernent. 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 off'icers, 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 ($100,000) for damage to property. 5. LESSOR sha11 furnish LESSEE a specified sink, sink cabinet, and wall mounted telephone in room 206. LESSEE agrees to pay LESSOR for telephone expense other than installation charges. LESSOR shall furnish LESSEE specified coat hooks in room 206. 6. LESSOR shall furnish LESSEE limited gymnasium space, to be deternuned on a monthly basis, and not guaranteed on a daily basis. 7. LESSOR shall permit LESSEE to install a microwave in the Banquet Room Kitchen far common use of both LESSEE and LESSOR, install two self standing grey metal storage cabinets and one grey file cabinet in room 206. Lessor shall permit LESSEE to store large play equipment in rooms 206, 208, or 210, during weekdays. Large play equipment will be removed by the LESSOR on Friday evenings, stored elsewhere, and returned by Monday mornings at 8:00 a.m. 8. LESSOR shall furnish LESSEE limited refrigerator space in Banquet Room Kitchen. LESSEE agrees to remove all food or beverage by 4:30 p.m. on Friday afternoons. 9. LESSEE agrees to consolidate all equipment into storage cabinets by 4:30 p.m. each Friday, other than large play equipment. 10. LESSOR shall require LESSEE to use a suitable drop cloth for such activities which may damage, stain, or present extra cleaning to carpeted areas. 11. LESSOR shall require LESSEE to furnish whiteboard supplies. 12. LESSOR shall pernut LESSEE to store a changing table in adjacent rest room. 13. LESSOR sha11 pernut LESSEE use of copy machine and fax for a sum of$.OS per copy/fax. LESSEE provide LESSOR a 1og sheet of copy and fax machine use each calendar month, in advance of the 5th day of the next calendar month. LESSOR sha11 invoice LESSEE in advance of the lOth da,y of the next calendar month for said LESSEE use of copy and fax machines, of which LESSEE sha11 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 ar other advertising materials shall be erected or aff'ixed 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 anylocks, 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 off'icers 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 sha11 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. 2Q. 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 sha11 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 ma.y result to LESSEE from such cancellatian sha11 be asserted or maintained against the LESSOR. LESSOR sha11 make every attempt to find suitable space in the same faciliry of other building if such an event occurs. In testimony whereof both parties ha.ve hereunto set their hands and seals the day and year written below. Signed in the presence of Rosemount Community Center Independent 5chool District#196 by: LESSOR LESSEE Date: Date: