Loading...
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