02-09-11 Council Agenda - Laserfiche WebLink

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COOPERATIVE FACILITY USE AGREEMENT ADDENDUM ADDENDUM to the Agreement made and entered into by and between the City of Little Canada (hereinafter "City and the Roseville School District, Independent School District No. 623 (hereinafter "School District on March 28, 1989. WHEREAS, the City and School District intend to cooperate in the joint use of the Little Canada Elementary Gymnasium, and WHEREAS, by this Agreement the parties desire to establish a framework of cooperation to work jointly to provide recreational opportunities for the City /School District community at Little Canada Elementary School; AND WHEREBY the City and the School District have both contributed to the construction of the Little Canada Elementary School Gymnasium, both the City and the School District will be granted certain rights for use of said facility; NOW THEREFORE, it is hereby agreed by and between the parties as following: 1. The School District shall make reasonable efforts to accommodate the special needs of the City and shall not unreasonably deny scheduling requests. 2. Utilities, insurance, parking lots, custodial service and other maintenance issues concerning the Little Canada Elementary School Gymnasium shall be shared by the School District and the City on a pro rata basis based upon the usage of the respective parties. For the 2010 -2011 fiscal year, it is agreed that the City will pay 25% of the operational costs of the Little Canada Elementary Gymnasium and associated spaces. The costs will be calculated on the annual costs and be invoiced to the City before July 30 of each year. (Exhibit A) 3. Non routine maintenance, being maintenance of the athletic equipment such as the hoops and backboards, involving the Little Canada Elementary Gymnasium shall be borne by the parties on a 75/25 basis, unless the non routine maintenance is necessitated by an event caused by the party's use, in which event both parties agree that each is responsible for 100% of the costs, not covered by insurance, for all damages caused by misuse or neglect or by vandalism caused by either party, either intentionally or unintentionally. In the event that responsibility cannot be agreed upon, each party will he responsible for 50% of the costs. 4. Liability: At all times during the term of the Agreement, the parties shall keep in full force and effect a policy or policies of liability insurance with respect to the premises described in this Agreement, with companies licensed to do business in the State of Minnesota. Each party shall name the other party as an additional named insured and shall provide adequate coverage under reasonable limits of liability of not less than the statutory limits for political subdivisions. The intent of this section is to limit a party's obligation to indemnify the other party. The liability limitations established in Minn. Stat. 466.04 shall 2