Res 2018-20 Termination of FCC AgreementRESOLUTION NO. 2018 - 20
RESOLUTION APPROVING TERMINATION AGREEMENT FOR
THE TERMINATION OF THE AMENDED AND RESTATED FRIDLEY
COMMUNITY CENTER COOPERATIVE AGREEMENT
WHEREAS, the City of Fridley (the "City") and Independent School District No. 14 (the
"District") are parties to that certain Amended and Restated Fridley Community Center
Cooperative Agreement effective October 1, 2012, for the cooperative use and operation of the
Fridley Community Center (the "Cooperative Agreement"); and
WHEREAS, the Fridley Community Center (the "FCC") is owned and operated by the District;
and
WHEREAS, pursuant to the Cooperative Agreement both the District and the City currently
operate programs and utilize space in the FCC and thereby share in the operating costs for the
FCC; and
WHEREAS, the City and the District have agreed to terminate the Cooperative Agreement
effective June 1, 2018, and that no compensation is owed to either party as a result of this
termination;
NOW THEREFORE BE IT RESOLVED BY the Fridley City Council that:
1. The Termination of the Amended and Restated Fridley Community Center Cooperative
Agreement is hereby approved.
2. District staff, officials, and attorneys are authorized to take all action necessary to effectuate
the termination.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
23RD DAY OF APRIL, 2018.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
TERMINATION OF THE AMENDED AND RESTATED FRIDLEY COMMUNITY
CENTER COOPERATIVE AGREEMENT
This Termination of the Amended and Restated Fridley Community Center Cooperative
Agreement (this "Termination Agreement") is made effective as of 23rd day of April, 2018 by
and between the City of Fridley, a Minnesota municipal corporation (the "City") and Fridley
Public Schools, Independent School District No. 14, a Minnesota body corporate and politic (the
"District") .
RECITALS
A. The City and the District are parties to that certain Amended and Restated Fridley
Community Center Cooperative Agreement effective October 1, 2012 for the cooperative use
and operation of the Fridley Community Center (the "Cooperative Agreement"), which
superseded and replaced the Fridley Community Center Cooperative Agreement dated
September 17, 1996.
B. The Fridley Community Center (the "FCC") is owned and operated by the
District. Pursuant to the Cooperative Agreement, both parties currently operate programs and
utilize space in the FCC and thereby share in the operating costs for the FCC.
C. Both parties have agreed to terminate the Cooperative Agreement pursuant to the
terms and conditions in this Termination Agreement.
AGREEMENT
1. The parties agree to terminate the Cooperative Agreement effective June 1, 2018
(the "Termination Date"). On June 1, 2018, the Cooperative Agreement shall no longer be in
force or effective. The parties agree to waive the notice requirements set forth in Section 11.01
(3) of the Cooperative Agreement, and that this Termination Agreement shall constitute
appropriate notice under the Cooperative Agreement.
2. The parties also agree that the termination of the Cooperative Agreement does not
constitute a "Termination Without Cause" or a "Termination for Cause" under the Cooperative
Agreement and that the City is not being displaced as set forth in Section 12.03 of the
Cooperative Agreement. The parties agree that they will not exercise any other rights or
remedies that may be available to them under the Cooperative Agreement and that no
reimbursement to the City by the District for a portion of the fair market value of the FCC
facility is required. The parties further agree that no other compensation is owed to either party
as a result of this termination, including damage claims in Section 4.01, other than the operating
costs to be paid by the City to the District for the month of May, 2018. The City shall not be
required to pay operating costs for the month of June, 2018.
3. The parties agree that the right of first refusal given to the City in Section 11.04 of
the Cooperative Agreement is no longer effective and that the City is not exercising any right of
first refusal with respect to the FCC.
4. Any personal property remaining in the FCC after the Termination Date shall be
deemed to be the personal property of the District.
5. Should the City need space in the FCC after the Termination Date, it may rent it
from the District as a Class II tenant. The parties shall enter into a separate rental agreement for
that space.
6. The parties agree that the responsibilities for non -routine maintenance in Section
4.02 of the Cooperative Agreement is no longer effective as of the Termination Date.
IN WITNESS WHEREOF, the parties hereto have executed this Termination Agreement
effective as of the day and year first stated above.
CITY:
CITY OF FRIDLEY
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By:CP
Scott J. Lund
Its: Mayor
By:
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Walter T. Wys pa
Its: City Manager
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DISTRICT:
INDEPENDENT SCHOOL
DISTRICT NO. 14
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Mary Kay Delvo
Its: Board Chair
Peggy Flathmann
Its: Superintendent