00-702Council File # � � �� S+
ORlGINAL
Presented By
Re£erred to
Green Sheet # (Ot0 � .�1.
l9
Committee: Date
1 RESOLUTION DIl2ECTING THE DIVISION OF PARKS AND RECREATION TO ENTER
2 INTO AGI2EEMENT WITH TFIE CHURCH OF THE HOLY SPIRIT TO LEASE PARKING SPACE
3 FOR PUBLIC USE IN CONJUNCTION WITH PUBLIC USE OF THE CARONDELET ATHLETIC
4 FIELDS.
5
6
7
8
9
lo
11
12
13
14
15
16
WITNESSETH:
WHEREAS, Holy Spirit is the owner of certain property, specifically a parking lot located at
512 South Albert which is located within the corporate limits of the City of Saint Paul, and
WHEREAS, the City manages athletic fields located across the street from the pazking lot
which aze used by the public for youth athletics, and
WHEREAS, it is desirable to have off street pazking for the public users of the Carondelet
Athletic Fields, and
WHEREAS, Holy Spirit has agreed to enter into agreement with the City whereby public users
of the Carondelet Athletic Fields could park on the Holy Spirit parking lot
NOW, THEREFORE BE IT RESOLVED, that the Council of the City of Saint Paul direct the
Division of Parks and Recreation to enter into agreement with the Church of the Holy Spirit for use of
its pazking lot.
0
� $:
Adopted by Council: Date �ac,
Adoption Certified by Council Secretary
By � _ ��� A �
Approved by Ma or: Date:�d
By:
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Form Approved by City Attorney
By: ) ��
Approved by Mayor for Submission to
Council
Bp' �i 4 ' _ �/L{}/�. - —
Requested by:
DFPARiidEfJTIOfRCE/COUNaI
Parks and Recreation
CONTACT PERSON AND PHONE
INIiIAL�DATE INiTAVDATE
OOr� rjO�
NO. 101042
VinCe GilleSpie 266-640$ � 1 omnanawr oiaECroa 4 Gn couNCa
AS9GN
NUM892 F Z CITY ATTOflNEY _CITY CLERK .
MUST BE ON COUNCIL AGENOA BY �DATq flWT
�qpEp ANANGIqt SERNGE$ piR.
3 MAVOR �OR ASSISTANT) 5 Parks E P,ecreauo ,
TOTALtOF51GNATUREPAGES � (CtlPALILAC/�iIONSFORSWNATIMq
ACiION REQUESTm:
Approve-resolution directing the proper officials of the Division of Parks & Recreation to lease parking space from
the Church of tt�e Holy Spirit for public use in conjunction with public use of the Carondelet Athletic Fields.
RECOMMENDATIONS: Apprwe (A1 or Rqec[ (RI
_PLlWNIN6COMMIS510N _CIVILSR;VICECOMMISSION
CIB COMMITTEE _
A STAFF
DISTSiICT COUNQL
SUPPORTS WHICH COUNQL OBJECTNE?
P9{SONqL 59iNCE CONiRqCTS MUST ANSWBI THE FOLLAWING CUFSilONS:
1. Hae tf�iE persoNfirm evtt workW uMu a convac[ fer tF�is departmurt'+
YES NO
2. Hu riva persaJf�rm ever been e cery andoYa?
YES NO
3, poes this De�arn/frrm posaus a slull not irormNly posuss� by any cwrmt city employee>
VES NO
Fzpldn tll yea amwen on aeperate aheet eM ettxh m O�een sheet.
�NITIATING PROBLEM, ISSUE.OPPORTUNITY Mfho. WhM, When,�M�ere, Why�:
The City manages public use of the Carondelet Athletic Fields adjacent to Holy Spirit Church. Parking is needed for the
public when using the fields. Holy Spirit will provide a parking lot for public use.
ADVANTAGESIFAPPROVED:
Off street parking will be made available to the public when using the athletic fields.
DISADVANTAGES IF APPROVED:
None
�u� 1 o Z000
CITY ATTORNEY
DISADVANTAGES IF NOT APPROVED:
There will be no off street parking. On street parking will be at a minimum.
TOTAL AMOUNT OF TRANSACTION Y
FUNOING
DATEINITIATm GREEN SHEET � 1
7-7-00
COSTiREVENUE BUDGEim (CIRCLE ONq
ACi1VITY NIMII66i
YES NO
F�NANCIAL INFORMATION: (EXPLkIN)
ao-'7Ua-
LAND USE AGREEMENT
between the Church of the Holy Spirit and the City of S� Paul,
DIVISION OF PARKS AND RECREATION
THIS AGREEMENT, dated this day of July 2000, by and between the
Church of the Aoly Spirit of St. Paul, a Mninesota religious parish corporation at 512
South AIbert Street Saint Paui, Minnesota, 55105, hereinafter refened to as Holy Spirit,
and the City of Saint Paul, a municipal corporation organized and existing under the laws
of the State of Minnesota, hereinafter refened to as City.
WITNESSETH:
WI-�REAS, Holy Spirit is the owner of certain real property located at 512 South Albert,
and
WI-IEREAS, City has a 20 year lease agreement with Cretin-Derham Hall High School to
provide public recreational use of the Carondelet Athletic Fields located in an area
bounded by Randolph Avenue on the north, Albert Street on the east, the pnblic alley on
the south and Independent School District 62� on the west, and
WHEREAS, City has a need for off street pazking for the public to facilitate the use of
Carondolet Fields, and
WHEREAS, Holy Spirit covenants that is has good and sufficient title to the property, and
WFIEREAS, the City desires to use the Holy Spirit pazking lot for public parking to
facilitate use of Carondolet Fields, and
NOW THEREFORE, it is mutually agreed by and between Holy Spirit and the City as
follows:
l. Asnhalt Parking Lot: On the property at 512 South t�16ert Street is an asphalt parking
lot bounded by Albert Street on the west, Randolph Avenue on the north and
Cretin-Aerham Hall property on the south. This agreement pertains to that part of
the properiy from end of the rectory yazd on the north to the Cretin-Derham Hall
property on the south, hereinafter referred to as parking lot
2. Use: The City shall have non-exclusive access for vehicular pazking purposes to
the pazking lot according to the following:
00 -1oz.
2.1 City use of the parking lot shall not infringe upon the rights of exclusive use
of the parking lot by Cretin Derham-Hall, according to that certain easement
agreement with Holy Spirit dated May l, 1992, between 7:00 a.m. and 5:00
p.m Monday tt�rough Friday, inclusive.
2.2 This agreement shall cover only the calendar period ofApril 1 through
October 31, each yeaz covered by this agreement.
23 During the months of June, July and August, the City shall have such
non-exclusive use of the pazking lot Monday through Friday, from 5:00 p.m
to 9:00 p.m
2.4 During months of April, May, September, and October, the City shall have
such non-exclusive use of the parking lot Monday and Tuesday, Thursday and
Friday from 5:00 p.m. to 9:00 p.m, but such use shall not be made on
Wednesday during said months.
2.5 The City may have such use of the parking lot Saturdays, Sundays and holidays
only with peimission from Holy Spirit when said permission is requested in
writing at least two weeks in advance. Said permission may be withheld for
the purposes of Church services and other pazish events.
2.6 Holy Spirit may withdraw the pernutted uses in paragraphs 2.3 and 2.4 above
with three days notice to City for purposes of church services and other parish
events.
3. Ciry Services to Holy Snirit:
3.1 City will provide to Holy Spirit School with access to the gym and fields at
Edgcumbe Recreation Center. Access to the gym will be for the 2000-2001
school year. Access to the fields will be for the term of this Agreement. All
access will be after the needs on the City program have been met.
1,.
3.2 City will overlay the parking lot with asphalt during the perxid of this
agreement. Said overlay shall be done in accord with usual and
customary construction standards. In the event that this agreement is
terminated prior to its ending date, if the lot has been overlaid Holy Spirit will
pay to City the costs of overlay on a prorazed basis.
3.3 City will mechanically sweep and clean the parking lot two times each year
during the term of tIus Agreement. Cleaning will take place in the spring and
in the fall.
oc-'to�-
4. Other Holy Snirit Parkin�: The City shall provide "no public pazking" signs at the
five entrances to the other parking lots owned by Holy Spirit and located east of
Cazondolet Fields, south of Randolph, north of Nile and west of Hamline Avenue.
Signs shall be installed at the request of Holy Spirit.
5. Term: This Agreemern shall be for a term of six (6) years, which period includes the
asphalt overlay. It may be renewed upon mutual agreement.
6. Indenuiffication
61 The City will defend, indenuufy and hold Holy Spmt harmless from any and all
daznages it may be required to pay as a result of suits, claniLS, actions or
judgments arising out of the use of its parking lot by users of the Carondelet
fields when said fields are scheduled for and being used by the City.
6.2 The foregoing defense and indemnification does not cover casualty loss or
property damage to Holy Spirit property or damage to cars pazked in the lot.
6.3 The foregoing defense and indeim�ification does not cover any occurrences or
events which are not part of the approved use of the Carondelet fields by the
City and which do not occur or take place at the parking lot during the course
of the use.
6.4 The foregoing defense and indemiufication does not cover injuries or damages
which acise from hidden traps or conditions existing on the property of Holy
Spirit of which they had actual or constructive notice.
6.5 The foregoing defense and indemiufication does not cover injuries which arise
out of crimnial actions, assaults, batteries or other acts of violence committed
by any person or persons.
6.6 Notlung in the foregoing provisions shall be construed as a waiver of the
municipal tort liability limits set forth in Minnesota Statute 466.01 et seq.
Tenninazion: It is mutually agreed by both parties that either party may initiate a
request to tenninaYe said agreement by giving written notice to the other pariy
six months prior to tem�uiatioa
8. Amendment: This Agreement may be amended upon mutual agreement of Holy Spirit
and tke City. All amendments shall be in writing and effective upon execution of
duly qualified officers of Holy Spirit and the City.
� _�oa--
This document contains the entire Agreement between the parties. The terms of this
Agreement are contractual and not a mere recital. No promise or representation other
than what is set forth in the agreement has been made, offered or agreed upon by either
party. The undersigned parties have fully read the foregoing Agreement in its entirety,
have been fully advised by their counsel, know and understand the contents and sign the
same as their free act and deed.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
yeaz in this Agreement first above written.
Holy Spirit
Archbishop/President
Pastor/Vice-President
Secretary
City of Saint Paul
Mayor
Director ofFinancial Services
Director of Parks and Recreation
APPROVED AS TO FORM:
Treasurer
Officer Assistant City Attorney
Council File # � � �� S+
ORlGINAL
Presented By
Re£erred to
Green Sheet # (Ot0 � .�1.
l9
Committee: Date
1 RESOLUTION DIl2ECTING THE DIVISION OF PARKS AND RECREATION TO ENTER
2 INTO AGI2EEMENT WITH TFIE CHURCH OF THE HOLY SPIRIT TO LEASE PARKING SPACE
3 FOR PUBLIC USE IN CONJUNCTION WITH PUBLIC USE OF THE CARONDELET ATHLETIC
4 FIELDS.
5
6
7
8
9
lo
11
12
13
14
15
16
WITNESSETH:
WHEREAS, Holy Spirit is the owner of certain property, specifically a parking lot located at
512 South Albert which is located within the corporate limits of the City of Saint Paul, and
WHEREAS, the City manages athletic fields located across the street from the pazking lot
which aze used by the public for youth athletics, and
WHEREAS, it is desirable to have off street pazking for the public users of the Carondelet
Athletic Fields, and
WHEREAS, Holy Spirit has agreed to enter into agreement with the City whereby public users
of the Carondelet Athletic Fields could park on the Holy Spirit parking lot
NOW, THEREFORE BE IT RESOLVED, that the Council of the City of Saint Paul direct the
Division of Parks and Recreation to enter into agreement with the Church of the Holy Spirit for use of
its pazking lot.
0
� $:
Adopted by Council: Date �ac,
Adoption Certified by Council Secretary
B y �. — �c-� ' /
Approved by Ma or: Date:�d
By:
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Form Approved by City Attorney
By: ) ��
Approved by Mayor for Submission to
Council
Bp' �i 4 ' _ �/L{}/�. - —
Requested by:
DFPARiidEfJTIOfRCE/COUNaI
Parks and Recreation
CONTACT PERSON AND PHONE
INIiIAL�DATE INiTAVDATE
OOr� rjO�
NO. 101042
VinCe GilleSpie 266-640$ � 1 omnanawr oiaECroa 4 Gn couNCa
AS9GN
NUM892 F Z CITY ATTOflNEY _CITY CLERK .
MUST BE ON COUNCIL AGENOA BY �DATq flWT
�qpEp ANANGIqt SERNGE$ piR.
3 MAVOR �OR ASSISTANT) 5 Parks E P,ecreauo ,
TOTALtOF51GNATUREPAGES � (CtlPALILAC/�iIONSFORSWNATIMq
ACiION REQUESTm:
Approve-resolution directing the proper officials of the Division of Parks & Recreation to lease parking space from
the Church of tt�e Holy Spirit for public use in conjunction with public use of the Carondelet Athletic Fields.
RECOMMENDATIONS: Apprwe (A1 or Rqec[ (RI
_PLlWNIN6COMMIS510N _CIVILSR;VICECOMMISSION
CIB COMMITTEE _
A STAFF
DISTSiICT COUNQL
SUPPORTS WHICH COUNQL OBJECTNE?
P9{SONqL 59iNCE CONiRqCTS MUST ANSWBI THE FOLLAWING CUFSilONS:
1. Hae tf�iE persoNfirm evtt workW uMu a convac[ fer tF�is departmurt'+
YES NO
2. Hu riva persaJf�rm ever been e cery andoYa?
YES NO
3, poes this De�arn/frrm posaus a slull not irormNly posuss� by any cwrmt city employee>
VES NO
Fzpldn tll yea amwen on aeperate aheet eM ettxh m O�een sheet.
�NITIATING PROBLEM, ISSUE.OPPORTUNITY Mfho. WhM, When,�M�ere, Why�:
The City manages public use of the Carondelet Athletic Fields adjacent to Holy Spirit Church. Parking is needed for the
public when using the fields. Holy Spirit will provide a parking lot for public use.
ADVANTAGESIFAPPROVED:
Off street parking will be made available to the public when using the athletic fields.
DISADVANTAGES IF APPROVED:
None
�u� 1 o Z000
CITY ATTORNEY
DISADVANTAGES IF NOT APPROVED:
There will be no off street parking. On street parking will be at a minimum.
TOTAL AMOUNT OF TRANSACTION Y
FUNOING
DATEINITIATm GREEN SHEET � 1
7-7-00
COSTiREVENUE BUDGEim (CIRCLE ONq
ACi1VITY NIMII66i
YES NO
F�NANCIAL INFORMATION: (EXPLkIN)
ao-'7Ua-
LAND USE AGREEMENT
between the Church of the Holy Spirit and the City of S� Paul,
DIVISION OF PARKS AND RECREATION
THIS AGREEMENT, dated this day of July 2000, by and between the
Church of the Aoly Spirit of St. Paul, a Mninesota religious parish corporation at 512
South AIbert Street Saint Paui, Minnesota, 55105, hereinafter refened to as Holy Spirit,
and the City of Saint Paul, a municipal corporation organized and existing under the laws
of the State of Minnesota, hereinafter refened to as City.
WITNESSETH:
WI-�REAS, Holy Spirit is the owner of certain real property located at 512 South Albert,
and
WI-IEREAS, City has a 20 year lease agreement with Cretin-Derham Hall High School to
provide public recreational use of the Carondelet Athletic Fields located in an area
bounded by Randolph Avenue on the north, Albert Street on the east, the pnblic alley on
the south and Independent School District 62� on the west, and
WHEREAS, City has a need for off street pazking for the public to facilitate the use of
Carondolet Fields, and
WHEREAS, Holy Spirit covenants that is has good and sufficient title to the property, and
WFIEREAS, the City desires to use the Holy Spirit pazking lot for public parking to
facilitate use of Carondolet Fields, and
NOW THEREFORE, it is mutually agreed by and between Holy Spirit and the City as
follows:
l. Asnhalt Parking Lot: On the property at 512 South t�16ert Street is an asphalt parking
lot bounded by Albert Street on the west, Randolph Avenue on the north and
Cretin-Aerham Hall property on the south. This agreement pertains to that part of
the properiy from end of the rectory yazd on the north to the Cretin-Derham Hall
property on the south, hereinafter referred to as parking lot
2. Use: The City shall have non-exclusive access for vehicular pazking purposes to
the pazking lot according to the following:
00 -1oz.
2.1 City use of the parking lot shall not infringe upon the rights of exclusive use
of the parking lot by Cretin Derham-Hall, according to that certain easement
agreement with Holy Spirit dated May l, 1992, between 7:00 a.m. and 5:00
p.m Monday tt�rough Friday, inclusive.
2.2 This agreement shall cover only the calendar period ofApril 1 through
October 31, each yeaz covered by this agreement.
23 During the months of June, July and August, the City shall have such
non-exclusive use of the pazking lot Monday through Friday, from 5:00 p.m
to 9:00 p.m
2.4 During months of April, May, September, and October, the City shall have
such non-exclusive use of the parking lot Monday and Tuesday, Thursday and
Friday from 5:00 p.m. to 9:00 p.m, but such use shall not be made on
Wednesday during said months.
2.5 The City may have such use of the parking lot Saturdays, Sundays and holidays
only with peimission from Holy Spirit when said permission is requested in
writing at least two weeks in advance. Said permission may be withheld for
the purposes of Church services and other pazish events.
2.6 Holy Spirit may withdraw the pernutted uses in paragraphs 2.3 and 2.4 above
with three days notice to City for purposes of church services and other parish
events.
3. Ciry Services to Holy Snirit:
3.1 City will provide to Holy Spirit School with access to the gym and fields at
Edgcumbe Recreation Center. Access to the gym will be for the 2000-2001
school year. Access to the fields will be for the term of this Agreement. All
access will be after the needs on the City program have been met.
1,.
3.2 City will overlay the parking lot with asphalt during the perxid of this
agreement. Said overlay shall be done in accord with usual and
customary construction standards. In the event that this agreement is
terminated prior to its ending date, if the lot has been overlaid Holy Spirit will
pay to City the costs of overlay on a prorazed basis.
3.3 City will mechanically sweep and clean the parking lot two times each year
during the term of tIus Agreement. Cleaning will take place in the spring and
in the fall.
oc-'to�-
4. Other Holy Snirit Parkin�: The City shall provide "no public pazking" signs at the
five entrances to the other parking lots owned by Holy Spirit and located east of
Cazondolet Fields, south of Randolph, north of Nile and west of Hamline Avenue.
Signs shall be installed at the request of Holy Spirit.
5. Term: This Agreemern shall be for a term of six (6) years, which period includes the
asphalt overlay. It may be renewed upon mutual agreement.
6. Indenuiffication
61 The City will defend, indenuufy and hold Holy Spmt harmless from any and all
daznages it may be required to pay as a result of suits, claniLS, actions or
judgments arising out of the use of its parking lot by users of the Carondelet
fields when said fields are scheduled for and being used by the City.
6.2 The foregoing defense and indemnification does not cover casualty loss or
property damage to Holy Spirit property or damage to cars pazked in the lot.
6.3 The foregoing defense and indeim�ification does not cover any occurrences or
events which are not part of the approved use of the Carondelet fields by the
City and which do not occur or take place at the parking lot during the course
of the use.
6.4 The foregoing defense and indemiufication does not cover injuries or damages
which acise from hidden traps or conditions existing on the property of Holy
Spirit of which they had actual or constructive notice.
6.5 The foregoing defense and indemiufication does not cover injuries which arise
out of crimnial actions, assaults, batteries or other acts of violence committed
by any person or persons.
6.6 Notlung in the foregoing provisions shall be construed as a waiver of the
municipal tort liability limits set forth in Minnesota Statute 466.01 et seq.
Tenninazion: It is mutually agreed by both parties that either party may initiate a
request to tenninaYe said agreement by giving written notice to the other pariy
six months prior to tem�uiatioa
8. Amendment: This Agreement may be amended upon mutual agreement of Holy Spirit
and tke City. All amendments shall be in writing and effective upon execution of
duly qualified officers of Holy Spirit and the City.
� _�oa--
This document contains the entire Agreement between the parties. The terms of this
Agreement are contractual and not a mere recital. No promise or representation other
than what is set forth in the agreement has been made, offered or agreed upon by either
party. The undersigned parties have fully read the foregoing Agreement in its entirety,
have been fully advised by their counsel, know and understand the contents and sign the
same as their free act and deed.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
yeaz in this Agreement first above written.
Holy Spirit
Archbishop/President
Pastor/Vice-President
Secretary
City of Saint Paul
Mayor
Director ofFinancial Services
Director of Parks and Recreation
APPROVED AS TO FORM:
Treasurer
Officer Assistant City Attorney
Council File # � � �� S+
ORlGINAL
Presented By
Re£erred to
Green Sheet # (Ot0 � .�1.
l9
Committee: Date
1 RESOLUTION DIl2ECTING THE DIVISION OF PARKS AND RECREATION TO ENTER
2 INTO AGI2EEMENT WITH TFIE CHURCH OF THE HOLY SPIRIT TO LEASE PARKING SPACE
3 FOR PUBLIC USE IN CONJUNCTION WITH PUBLIC USE OF THE CARONDELET ATHLETIC
4 FIELDS.
5
6
7
8
9
lo
11
12
13
14
15
16
WITNESSETH:
WHEREAS, Holy Spirit is the owner of certain property, specifically a parking lot located at
512 South Albert which is located within the corporate limits of the City of Saint Paul, and
WHEREAS, the City manages athletic fields located across the street from the pazking lot
which aze used by the public for youth athletics, and
WHEREAS, it is desirable to have off street pazking for the public users of the Carondelet
Athletic Fields, and
WHEREAS, Holy Spirit has agreed to enter into agreement with the City whereby public users
of the Carondelet Athletic Fields could park on the Holy Spirit parking lot
NOW, THEREFORE BE IT RESOLVED, that the Council of the City of Saint Paul direct the
Division of Parks and Recreation to enter into agreement with the Church of the Holy Spirit for use of
its pazking lot.
0
� $:
Adopted by Council: Date �ac,
Adoption Certified by Council Secretary
B y �. — �c-� ' /
Approved by Ma or: Date:�d
By:
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Form Approved by City Attorney
By: ) ��
Approved by Mayor for Submission to
Council
Bp' �i 4 ' _ �/L{}/�. - —
Requested by:
DFPARiidEfJTIOfRCE/COUNaI
Parks and Recreation
CONTACT PERSON AND PHONE
INIiIAL�DATE INiTAVDATE
OOr� rjO�
NO. 101042
VinCe GilleSpie 266-640$ � 1 omnanawr oiaECroa 4 Gn couNCa
AS9GN
NUM892 F Z CITY ATTOflNEY _CITY CLERK .
MUST BE ON COUNCIL AGENOA BY �DATq flWT
�qpEp ANANGIqt SERNGE$ piR.
3 MAVOR �OR ASSISTANT) 5 Parks E P,ecreauo ,
TOTALtOF51GNATUREPAGES � (CtlPALILAC/�iIONSFORSWNATIMq
ACiION REQUESTm:
Approve-resolution directing the proper officials of the Division of Parks & Recreation to lease parking space from
the Church of tt�e Holy Spirit for public use in conjunction with public use of the Carondelet Athletic Fields.
RECOMMENDATIONS: Apprwe (A1 or Rqec[ (RI
_PLlWNIN6COMMIS510N _CIVILSR;VICECOMMISSION
CIB COMMITTEE _
A STAFF
DISTSiICT COUNQL
SUPPORTS WHICH COUNQL OBJECTNE?
P9{SONqL 59iNCE CONiRqCTS MUST ANSWBI THE FOLLAWING CUFSilONS:
1. Hae tf�iE persoNfirm evtt workW uMu a convac[ fer tF�is departmurt'+
YES NO
2. Hu riva persaJf�rm ever been e cery andoYa?
YES NO
3, poes this De�arn/frrm posaus a slull not irormNly posuss� by any cwrmt city employee>
VES NO
Fzpldn tll yea amwen on aeperate aheet eM ettxh m O�een sheet.
�NITIATING PROBLEM, ISSUE.OPPORTUNITY Mfho. WhM, When,�M�ere, Why�:
The City manages public use of the Carondelet Athletic Fields adjacent to Holy Spirit Church. Parking is needed for the
public when using the fields. Holy Spirit will provide a parking lot for public use.
ADVANTAGESIFAPPROVED:
Off street parking will be made available to the public when using the athletic fields.
DISADVANTAGES IF APPROVED:
None
�u� 1 o Z000
CITY ATTORNEY
DISADVANTAGES IF NOT APPROVED:
There will be no off street parking. On street parking will be at a minimum.
TOTAL AMOUNT OF TRANSACTION Y
FUNOING
DATEINITIATm GREEN SHEET � 1
7-7-00
COSTiREVENUE BUDGEim (CIRCLE ONq
ACi1VITY NIMII66i
YES NO
F�NANCIAL INFORMATION: (EXPLkIN)
ao-'7Ua-
LAND USE AGREEMENT
between the Church of the Holy Spirit and the City of S� Paul,
DIVISION OF PARKS AND RECREATION
THIS AGREEMENT, dated this day of July 2000, by and between the
Church of the Aoly Spirit of St. Paul, a Mninesota religious parish corporation at 512
South AIbert Street Saint Paui, Minnesota, 55105, hereinafter refened to as Holy Spirit,
and the City of Saint Paul, a municipal corporation organized and existing under the laws
of the State of Minnesota, hereinafter refened to as City.
WITNESSETH:
WI-�REAS, Holy Spirit is the owner of certain real property located at 512 South Albert,
and
WI-IEREAS, City has a 20 year lease agreement with Cretin-Derham Hall High School to
provide public recreational use of the Carondelet Athletic Fields located in an area
bounded by Randolph Avenue on the north, Albert Street on the east, the pnblic alley on
the south and Independent School District 62� on the west, and
WHEREAS, City has a need for off street pazking for the public to facilitate the use of
Carondolet Fields, and
WHEREAS, Holy Spirit covenants that is has good and sufficient title to the property, and
WFIEREAS, the City desires to use the Holy Spirit pazking lot for public parking to
facilitate use of Carondolet Fields, and
NOW THEREFORE, it is mutually agreed by and between Holy Spirit and the City as
follows:
l. Asnhalt Parking Lot: On the property at 512 South t�16ert Street is an asphalt parking
lot bounded by Albert Street on the west, Randolph Avenue on the north and
Cretin-Aerham Hall property on the south. This agreement pertains to that part of
the properiy from end of the rectory yazd on the north to the Cretin-Derham Hall
property on the south, hereinafter referred to as parking lot
2. Use: The City shall have non-exclusive access for vehicular pazking purposes to
the pazking lot according to the following:
00 -1oz.
2.1 City use of the parking lot shall not infringe upon the rights of exclusive use
of the parking lot by Cretin Derham-Hall, according to that certain easement
agreement with Holy Spirit dated May l, 1992, between 7:00 a.m. and 5:00
p.m Monday tt�rough Friday, inclusive.
2.2 This agreement shall cover only the calendar period ofApril 1 through
October 31, each yeaz covered by this agreement.
23 During the months of June, July and August, the City shall have such
non-exclusive use of the pazking lot Monday through Friday, from 5:00 p.m
to 9:00 p.m
2.4 During months of April, May, September, and October, the City shall have
such non-exclusive use of the parking lot Monday and Tuesday, Thursday and
Friday from 5:00 p.m. to 9:00 p.m, but such use shall not be made on
Wednesday during said months.
2.5 The City may have such use of the parking lot Saturdays, Sundays and holidays
only with peimission from Holy Spirit when said permission is requested in
writing at least two weeks in advance. Said permission may be withheld for
the purposes of Church services and other pazish events.
2.6 Holy Spirit may withdraw the pernutted uses in paragraphs 2.3 and 2.4 above
with three days notice to City for purposes of church services and other parish
events.
3. Ciry Services to Holy Snirit:
3.1 City will provide to Holy Spirit School with access to the gym and fields at
Edgcumbe Recreation Center. Access to the gym will be for the 2000-2001
school year. Access to the fields will be for the term of this Agreement. All
access will be after the needs on the City program have been met.
1,.
3.2 City will overlay the parking lot with asphalt during the perxid of this
agreement. Said overlay shall be done in accord with usual and
customary construction standards. In the event that this agreement is
terminated prior to its ending date, if the lot has been overlaid Holy Spirit will
pay to City the costs of overlay on a prorazed basis.
3.3 City will mechanically sweep and clean the parking lot two times each year
during the term of tIus Agreement. Cleaning will take place in the spring and
in the fall.
oc-'to�-
4. Other Holy Snirit Parkin�: The City shall provide "no public pazking" signs at the
five entrances to the other parking lots owned by Holy Spirit and located east of
Cazondolet Fields, south of Randolph, north of Nile and west of Hamline Avenue.
Signs shall be installed at the request of Holy Spirit.
5. Term: This Agreemern shall be for a term of six (6) years, which period includes the
asphalt overlay. It may be renewed upon mutual agreement.
6. Indenuiffication
61 The City will defend, indenuufy and hold Holy Spmt harmless from any and all
daznages it may be required to pay as a result of suits, claniLS, actions or
judgments arising out of the use of its parking lot by users of the Carondelet
fields when said fields are scheduled for and being used by the City.
6.2 The foregoing defense and indemnification does not cover casualty loss or
property damage to Holy Spirit property or damage to cars pazked in the lot.
6.3 The foregoing defense and indeim�ification does not cover any occurrences or
events which are not part of the approved use of the Carondelet fields by the
City and which do not occur or take place at the parking lot during the course
of the use.
6.4 The foregoing defense and indemiufication does not cover injuries or damages
which acise from hidden traps or conditions existing on the property of Holy
Spirit of which they had actual or constructive notice.
6.5 The foregoing defense and indemiufication does not cover injuries which arise
out of crimnial actions, assaults, batteries or other acts of violence committed
by any person or persons.
6.6 Notlung in the foregoing provisions shall be construed as a waiver of the
municipal tort liability limits set forth in Minnesota Statute 466.01 et seq.
Tenninazion: It is mutually agreed by both parties that either party may initiate a
request to tenninaYe said agreement by giving written notice to the other pariy
six months prior to tem�uiatioa
8. Amendment: This Agreement may be amended upon mutual agreement of Holy Spirit
and tke City. All amendments shall be in writing and effective upon execution of
duly qualified officers of Holy Spirit and the City.
� _�oa--
This document contains the entire Agreement between the parties. The terms of this
Agreement are contractual and not a mere recital. No promise or representation other
than what is set forth in the agreement has been made, offered or agreed upon by either
party. The undersigned parties have fully read the foregoing Agreement in its entirety,
have been fully advised by their counsel, know and understand the contents and sign the
same as their free act and deed.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
yeaz in this Agreement first above written.
Holy Spirit
Archbishop/President
Pastor/Vice-President
Secretary
City of Saint Paul
Mayor
Director ofFinancial Services
Director of Parks and Recreation
APPROVED AS TO FORM:
Treasurer
Officer Assistant City Attorney