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AGREEMENT

BETWEEN
INDEPENDENT SCHOOL DISTRICT NO. 14’s COMMUNITY EDUCATION DEPARTMENT
AND
RISE INC.
This Agreement is entered into by and between Independent School District No. 14’s Community
Education Department, Fridley, Minnesota (hereinafter “School District” and Rise Inc. (hereinafter “Rise
Inc.”) and shall be effective on the date this Agreement is approved by the School Board of the School
District. This Agreement supersedes and replaces any existing contracts/agreements between the
School District and Rise Inc. related to the lease of one room at the Fridley Community Center.

1. Purpose. Rise Inc. will run an adult day center.


2. Leased Premises. Rise Inc. hereby leases the one room at Fridley Community Center.
a. The use of the lease premises shall be for the purpose of providing services to adults
with disabilities. Program hours are from 8:00 AM to 4:00 PM. If any additional space is
needed Rise Inc. will be billed at regular rental rates for the extra space that is needed.
If displacement occurs due to construction or changing needs the School District will
work with Rise Inc. to find an adequate replacement based on the needs of the
program. The School District will give Rise Inc. 3 months’ notice of any location changes.
If Rise Inc. changes hours, space usage (additional rooms) or has additional needs in the
Fridley Community Center the fees will be adjusted accordingly.
3. Care, Maintenance and Repair.
a. The School District shall provide customary custodial services to the premises leased by
Rise Inc., together with routine maintenance of the premises and school grounds.
b. Rise Inc. will perform customary daily housekeeping (i.e. returning furniture, toys, and
supplies to proper locations, properly disposing of trash, and cleaning spills) so as to
leave the premises in substantially the same condition at the beginning and end of each
day.
c. The School District shall provide routine repairs to the fixtures, equipment, furniture
and other School District property on the leased premises. Rise Inc. will be responsible
for the cost of repair or replacement of School District property, including equipment
fixtures and furniture, if damage (other than normal wear and tear) or theft is caused by
Rise Inc. employees or Program participants, if the cost of the repair or replacement
exceeds [$500]. The Rise Inc. will notify the School District of any damage or theft
covered by this paragraph.
4. Security. Rise Inc. will comply with all school District security measures and plans applicable to
the school buildings. If Rise Inc. has any additional security measures they will submit a written
description of its security measures and plans no later than July 24, 2017.
5. Rent. Rise Inc. shall pay the School District $16,000 annually or $1334 per month for lease of
the premises described herein. Rise Inc. also agrees to a 5% per year increase each preceding
year within the terms of this contract (Fiscal Year July 1 to June 30). Payment shall be due and
payable on the 1st of each month. Rise Inc. also agrees to $1334 as Security Deposit. The School
District agrees to return the Security Deposit in full upon successful completion of the lease
agreement. No refund will be given in cases of early termination of this agreement. Payment
may be made by credit card or check only. There is $50 fee for any bounced checks.
6. Utility/Services. The School District shall pay for all utilities and services related to the leased
premises, including, but not limited to electricity, gas, water, and garbage services. The School
District shall provide Rise Inc. internet access. Access will be managed by the School District’s
technology department. A separate memorandum of understanding will be provided by the
School District detailing all rules and regulations pertaining to internet access.
7. Term.
a. The term of this Agreement is August 1, 2017 to June 30, 2020. Written notice of
termination must be served at least two months’ notice in advance of the effective date
of termination.
b. The Rise Inc. and the School District may, by written agreement, extend the term of this
Agreement or enter into a subsequent agreement.
c. In the event the Rise Inc. is in default on rent or there is a breach of any other term or
condition of this Agreement, the School District may terminate this Agreement by 10
days written notice to the Rise Inc.
8. Employees.
a. All agents and employees of Rise Inc. shall be under the exclusive management and
control of Rise Inc. and shall not be agents or employees of the School District for any
purpose whatsoever.
b. Rise Inc. shall conduct criminal background checks on its applicants/employees,
contractors, subcontractors or volunteers in compliance with applicable state and
federal law.
9. Compliance with Law. Rise Inc. will comply with all applicable state, federal and local laws and
regulations, and with all applicable School District policies. Rise Inc. shall maintain all necessary
licenses in order to operate its Programs on School District premises.
10. Discrimination Prohibited. No person shall, on the basis of race, color, religion, age, gender,
sexual orientation, disability, marital status, public assistance status, creed, or natural origin, be
excluded from full employment rights or benefits, nor shall any person be subjected to
discrimination related to any service or privilege offered by Rise Inc. Programs on School District
premises.
11. Hold Harmless/Indemnification. Rise Inc. shall indemnify, hold harmless, and release the School
District, its current and former officers, agents, employees, and Board members from any and all
claims, damages, causes of action, liability, costs, or expenses, (including attorneys’ fees) arising
from or in connection with the use of School District premises or the operation of Rise Inc.
programs, except claims arising out of the conduct or negligence of School District employees
acting in the course of their employment for the benefit of the School District.
12. Insurance.
a. Liability Insurance. Rise Inc. shall obtain and maintain in force during the term of this
Agreement general liability and professional liability policies with per occurrence limits
of not less than $1,000,000 and general aggregate per policy of not less than
$2,000,000. The School District must be named as an additional insured on such
policies.
b. Workers’ Compensation Insurance. During the term of this Agreement, Rise Inc. shall
comply with all applicable law with respect to obtaining and maintaining workers’
compensation insurance.
c. Certificate of Insurance. Rise Inc. shall provide the School District with Certificates of
Insurance evidencing all coverages, limits and endorsements required above within ten
(10) days of execution of this Agreement and on an annual basis thereafter.
13. Assignments. Rise Inc. shall not assign or sublet the leased premises, in whole or in part,
without the prior written consent of the School District.
14. No Partnership. The School District and Rise Inc. are not partners and nothing herein shall be
construed to create a partnership or joint venture in any sense, nor is Rise Inc. an agent of the
School District for any purposes.
15. Notice. Any notice or communication required by this Agreement shall be in writing and either
served personally or by U.S. Mail as follows:
School District: 6000 West Moore Lake Drive
Fridley, MN 55432
Rise Inc.: [insert street address]
[insert city, state zip]
16. Modifications to this Agreement. Any modifications or waivers of the provisions of this
Agreement shall be valid only if they are in writing, signed by authorized representatives of the
School District and Rise Inc. and attached to the original of this Agreement.
For Independent School District No. 14

Date: __________________________ By______________________________

Date: __________________________ By______________________________

For Rise Inc.

Date: __________________________ By______________________________

Date: __________________________ By______________________________

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