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01-337Council File # �/- 337 0�lGiNAL � Presented By Referred to Committee: Date �� 1 2 3 4 5 6 � 9 10 11 RESOLUTION DIRECTING THE DIVISION OF PARKS AND RECREATION TO AMEND THE JOSN`P AGREEMENT WITH `PHE SAINT PAUL PUBLIC SCHOOL DISTRICT FOR THE ARLINGTON AND ARKWRIGHT PARK ATHLETIC FIELDS. WHEREAS, the City of Saint Paul and the Saint Paul Public School District have a joint use Agreement for the athletic fields at the Arlington/Arkwright Park, and WHEREAS, there are water, electricity and gas costs associated with the fields as covered by the Agreement, and WHEREAS, an amendment to the Agreement will allow the City and the Saint Paul Public Schools to equitably share the costs associated with the use of the athletic fields. 12 NOW, THEREFORE BE IT RESOLVED, that the proper City 13 officials are hereby authorized and directed to amend the joint 14 use Agreement with the Saint Paul Public Schools for the use of 15 the fields at the ArlingtonfArkwright Park so that the costs 16 associated with the use are equitably shared. Yeas Nays Absent Benanav � Blakey � Bostrom Coleman � Harris_ � Lan try �/ Reiter � � � C�" Adopted by Council: Date �� "� y,',� ` �.. Adoption Certified by Council Secretary By By: Green Sheet # / y�3 RESOLUTION CITY OF SAINT PAUL, MINNESOTA � a . RequesCed by: Divi ion of Parks and ��B � t1� Form Approved by City Attorney � By : �— Approved by Mayor for Submission to Council n aY: I?/� J'" _' � AI / rJ7H Y . P U� '� � � o�a��,o��couNp� Ma � op� GREEN SHEET . NO. 111443 Parks and Recreation CON(ACT PHi3pi AND PHONE INIS1ALfDATE INITIALIDATE �nceGillespie 66408 ssa. �c�u�airanECrox �JcmcouNa� MUSTBEONCOUNpLAG@/DABYDA7A � ZCRYATfWRIEY 6qTYC1.9iK 3 PNM/pALSHiNCB01R. � flN/WqAL5HiV/ACCTG 4 MAroFtloRasssrnxi7� 7 Parks & Recreaaon rmu.roFmon�n�r� 7 nw�uincwnoxswxsaiun�m ncna� nEUUESr�: Direct the proper City officials to amend the jant use agreement with Saint Paul Public Schools for the ArlingtonlArkwright Park athletic fields. The amendment would determine the costs associated with the use of the fields shoutd be equitably shared. RECOMMQlDAlIONS: Appove W x Raject � P61HON�L i6lNCE CONIRACTi MY6T ANBW6l7lE FOLLOWIN6 OII�ilONB: _ PLANNING COMMISSION 1. H�s tl'r psmKrm ever werked �aMar a exNee[ fa tlYS tlepvhnentT GIB COMMITTEE YES NO CML SBtVICE COMMISSION z' „a� tlp qn°^Km^ wror bse� � a[y °^a°Y°°T Y6 NO � 3. Dees tlu P��rm V�+a altill not namNH D� M e^Y curreM ulY �V��'ae - YES NO - 4. Is tlin OuaaJfiem a trpe[e! wnd«7 YES NO ERpltln Y Ya �mivo m Mrynt� �Mat antl �lteeh m Vw� Mwt INITIATING PftOeLEM, ISSUE. OPPONTUNIiY �Who, WMt, VMen, WMra, Why): The joint use agreement betweeo the City and the School District for the Arlington/Arkwright fieids needs to be amended so that the costs associated with use of the fields can be equitably addressed. novu,rn��s�Fnrrxovm: The appropriate agency will be able to pay the costs of using the fields. oisnovu,rncESiFnrrnovEn: None o�snovu,rncES�FNOrnar�+ovm The costs associated with using the fields may not be charged to the proper agency. i S�� Y ° !AS! L� `.' �F? d ` ; � TOTALAMOUNTOFTPANSACTION S COSTIREVFNUEBWGEfmIdNCLEONq YFS � + G ��..- I� =��i;� : . WNqN6 SOUICE AC7MTY NI/1B9t �� 9 ,{��pq I RNANCIALINFORMATION: IIXPWN) " ' � " �" � � � � 7' "'" � � �O� � ' �S � �T,&NP?;,�,?a, �4"'{;.r� � f ! �eB�b.6''� ` } � G:IIt4DIWPIGreenSheetsigsar/ingronailcwrighbeso/ution.307.wpd , ' � ?; �' c3 L�� , ,. �� o% 337 Amendment iV'o. 1 to Joint-Use Agreement � � This Amendment is entered into this � day of f e d�� 200k7. In accordance with article 5 oi the Joint-Use Agreement between the City of St. Paul and Independent School District No .625 for Arlington-Arkwright Park Field, dated August 23, 2000, the parties thereto agree to the following amendment: Add: Article 3.11 The District shall pay for all water, electricity and gas bills throughout the year related to the work and areas covered by this agreement. �t the end of each calendar year, the District shall provide the City an accounting of all such exger.ditures ior the year at wh�:ch time the City shall reimburse the District for one-half (50%) of such expenditures. All other provisions of the original agreement remain in full force and effect. _ City of St. Paul By Mayor By Director of Financial Services By Director of Parks and Recreation By City Clerk APPROVED AS TO FORM Independent School District No. 625 Saint Paul Public Schools . �: . :.. . B �sz, �. �� Board Clerk — PoPP��t�E�3 A� �'�3 �AI� L _ Assistant City Attorney � lkt�Tk�vtZt"t'f �g• oo - 5�b ! Agreement No.a2 — 11423—a Oi JOINT-USE-AGREEMENT BETWEEN THE CITY OF SAINT PAUL AND INDEPENDENT SCHOOL DISTRICT, NO. 625 FOR ARLINGTON-ARKWRIGHT PARK FIELD THIS AGREEMENT, dated this'�day of�{�, 2000, by and between the City of Saint Paul, Minnesota, a municipal cor�oration organized and existing under the laws of the State of Minnesota, hereinaftar refened to as "City;" and Independent School I}istrict No. 625 existing pursuant to laws 1965, Chapter 705, as amended, hereinafter referred to as "District." WITNESSETH: WHEREAS, the City is the owner of certain real properiy known as Arlinb on and Arkwright Pazk, hereinafter referred to as the "Pazk," which is located within the corporate limits of the City of Saint Paul, and WHEREAS, said property is legally described as shown on E�ibit "A" attached hereto and incorporated herein, and WHEREAS, District desires to construct a baseball field on a portion of the Arlington/Arkwright Park site, which is more particularly described on E�ibit "B" attached hereto and incorporated herein, and WHEREAS, City desires to construct a soccer field on the portion of the Arlington/Arkwright Park site adjoining the baseball field, also described on E�ibit "B". WHEREAS, the City covenants that it has good and sufficient title to the Arlington/Arkwright Park property, and WHEREAS, the District herewith covenants and agrees that it will use said premises for the purpose intended to-wit: the construction and operation of a basebail field and such related uses which would be common to that type of facility or any lawful athletic use as agreed upon by the parties hereto, NOW THEREFORE, it is mutually agreed by and between City and District as follows: CONSTRUCTIOIV 1.1 CiYy agrees that District shall have the right to construct at iY s own expense, a baseball fiPld and expansion of the existing parking lot on the Park si*e as illustrated in "ExhibiY B," during 2000-2001 construction season. 1.2 District agrees to include City's soccer field in its project construction documents and bid package, itemized in bids such that City may elect to proceed with the soccer field construction based upon bids received, and in the event the City should proceed, the City can reimburse District based upon said bids. 0/-33� 13 City and District agree to cooperate in planning and design of the project, and to acquire all necessary approvals, permits and financing prior to commencement of construction. City and District shall agree on the final plans prior to commencement of construction. 1.4 District agrees to provide design and engineering services for the entire project, and to administer the construction contract, monitor the work, make payments, etc. City agrees to reunburse District for City's shaze of said fees, at a mutually agreed upon sum. District agrees to require its contractor to name City as additional insured on all insurance documents. 1.5 City agrees to reimburse District upon completion of the work, including design and engineering expenses, and the cost of construction for the City's soccer field, in an amount estimated to be approximately $180,000.00. 2. USE OF BASEBALL FIELD 2.1 District shall have exclusive use of the baseball field property annually during the period in the spring from when the field is ready for play without damage to the turf (on or about April 1 and hereinaftez referred to as "Season Open") until the end of the norxnal MinnesoYa State High School League Baseball5eason (on or about June 15). City and District will jointly determine when the turf is ready for play. 2.2 City shall have priority for use annually during the period listed in 2.1 once the needs of the District have been met. City use shall be by approval of the District's representative. 23 City shall have exclusive use of the baseball field property annually during the period from the end of the District's use (on or about June 15) until October 31. 2.4 District shall have priority for use annually during the period listed in 2.3 once the needs of the City have been met. District use shall be by approval of the City's Supervisor of ivlunicipal Athietics. 2.5 The baseball field property shall not be used during the period from 1Vovember 1 until Season Open, as defined in 2.1. 2.6 City and District shall use said baseball field for baseball and such related lawful activities which would be common to that type of facility, and for no other purpose without prior written approval of the City and District. 2.7 City and Distxict shall jointly agree upon xules and regulations governing use of the baseball field. 3. OPERATTONS AND MAII�TTENANCE OF BASEBALL FIELD 3.1 District shall be responsible for all maintenance during the period the District has exclusive use. Maintenance includes grass cutting field prepazation and general upkeep. 0%33� 3.2 City shall be responsible for ali maintenance during the period the City has exclusive use. Maintenance incTudes grass cutting, field prepazation and general upkeep. 33 District shall be responsible for alI operations, maintenance and repairs of the Park's irrigation and plumbing systems, including annual "blowing out" and winterization of the system in the fall, and stariup procedures in the spring. 3.4 District shall be responsible for ali repairs of the fencing, backstop, benches, storage facilities and other amenities related to or part of the haseball field. 3.5 City shall be responsible for all maintenance and upkeep of the parking lot. 3.6 District shall be responsible for at least two portable toilets and regular servicing of said toilets during the period when the District has exclusive use. 3.7 City shall be responsible for at least two portable toilets and regulaz servicing of said toilets during the period when the City has exclusive use, and at other times based upon other activities occurring in the Park. 3.8 District shall provide and be responsible for emptying at least four - thirty gallon trash cans during the period when the District has exclusive use. 39 City shall be responsible for said four - thirty gallon trash cans inciuding emptying, during the period when the City has exclusive use. City shall further provide annuaily for a trash dumpster on the site, including emptying said dumpster on a schedule consistent with City's regulaz trash removal schedule. 3.10 District shall be responsible for all turf management including, fertilization, weed control and zeration. Fertilization and weed control shall be included in the City's annual fertilization and weed control plan, and shall be performed in compliance with all applicable regulations. 4. IIv'DEMNITY 4.1 The District, durina its period of use as described in Article 2 herein, shall indemnify, hold hazmless and defend the City, including the City's officers, directors and employees, from and against any and all claims, demands or causes of action whatsoever and howsoever arising resulting from the acts or omissions of the District, its officers, directors and employees in connection with the District's use of the City's land and operation of the baseball field. 4.2 The City, during its period of use as described in Article 2 herein, shall indemnify, hold harmless and defend the District, including the District's officers, directors and employees, from and against any and all claims, demands or causes of action whatsoever and howsoever arisin� resulting from the acts or omissions of the City, its officers, di;ectors 2nd empioyees in connection with the City's use of the land and operation of the baseball field. 4/ 43 The District and City, during the period when the basebali field is not in use as described in Article 2 herein, shall mutually indemnify and hoid one another harmless from any and all claims, demands or causes of action which may arise. AiI�NDMENTS The Agteement may be amended by mutual aa eement of the District and City. Any improvements or alterations affecting the City's grounds or fields sha11 require the written approval of the Director of Parks and Recreation. 6. TERM AND RENEWAL This Agreement shall be for a term of twenty (20) years commencing on the date first written above. The agreement may be renewed for additional ten (10) year periods upon mutual agreement of District and City. REVIEW This agreement shall be periodically reviewed by the District and City representatives and shali be updated as necessary to keep current in terms of contemporary use, operations and maintenance standards. 8. TERMINATION The City or District may initiate a request to terminate this Agreement by giving written notice to the other pariy three hundred sixty five days prior to cancellation or termination, to which both parties must agree. � d/-337 APPROVAL S TO FORM� � Assistant Ci Attomey � : slc� APPROVAL AS TO FORM District General Counsel �: INDEPENDENT SCHOOL DISTRICT No. 625 Saint aul Public Schools By Boazd Chair = ... s.. l ._ �� _ �� - :.. . - — - �• .' G �&CWGAcEU.eauArArkwSchool wpd C�`�S�AUL Mayor �'/-33� Exhibit A Arlington-Arkwright Pazk That part of Section twenty (20), Township twenty-nine (24), Ran�e ts.venty-two (22) particularly described as follows: Commencing at the Northeast comer of the West one-half (�V 1/2) of the Southwest quarter (SW i/4) of Section twenty (20), thence n,nning Southerly on the East line of said West one-half (WI/2} of the Southwest quarter (SW 1/4), eleven and twenty hundredths (11.20) chains more or less to a point in said line intersected by the North line of Lots forry-five (45) and foriy-six (46), J.W. Bass' Acre Lots, producte East to East line of said eighty (80) acre tract, thence running West on Northerly line of said Lots forty-five (45) and foriy-six (46) and prolongation thereof East and West nine and eighty-six hundredths (9.86) chains, thence North parallel �vith the East line of said West one-half (W 1/2) of South�vest quarter (SW 1/4), eleven and riventy hundredths (11.20) chains to North line of said eighty (80) acre tract, thence running East on last named line nine and eighty-six himdredths (9.86) chains to place of beginning, except the West one hundred (W 100) feet of that part of the West one-half (�V 1/2) of the SoLithwest quarter (S�TJ 1/4) of Section twenty (20), Township twenty-nine (29), Range twenty- two (22}, lying EasT of the present Easterly line of Arkwright Stxeet and I�TOrth of the Northerly line of Lot forty-five (45), J.W. Bass' Acre Lots, except the Northerly six hundred twenty (N'ly 620) feet thereof, being that part conveyed in "1473 Deeds 19' ; and except the Southerly one hundred seventy-five (S'ly 175) feet of the Northerly six hundred twenty (N'ly 620) feet thereof, and except the Northerly 158 feet of the Easterly 115 feet thereof, according to the United States Government survey thereof. Subject to the rights of the City of Saint Paul for street purposes. Subject to Easements and Restrictions of record. Also, Lots thirty-eight (38), thirty-nine (39), forty (40), forty-five (45), and forty-six (46), J. W. Bass' Acre Lots, according to the plat thereof on file and of record in the office of the Register of Deeds within and for Ranisey County. The North one hundred fifty-eight (N 158) feet of the East one hundred fifteen (E 115) feet of the Northwest quarter (NW 1/4) of the Southwest quarter (SW 114) of Section twenty (20), Township twenty-nine (29), Range twenty-two (22), according to the United States Government survey thereof. Subject to the rights of the City of Saint Paul for street purposes. Subject to Easements and Restrictions of record. Sub,}ect to the following restrictions: The site acquired herein or any interest therein may not be sold, leased or othenvise transferred by the City of Saint Paul ��ithout the prior ��ritten approval of the Secretary of Housing and Urban Development, his designee, or any successor thereto. � �y�c�( �' `"' �� l.- r: t- � ,...,_...,,.�,1._ ' -: . " . . - :. - �__s�G'�u:�s.:.< Y .--. .� � � ... : ..-:s_..2_ ;..r...::,--.. a.� .; :_ i � :� _: �u ;. � � ' ( .�.�.m.e....��...�:.,�_.. �..,a...�,.�, �..,�".� �,�.,..�, r—r-.-�,_.�---� `,� �_ --------1 P'� -;:�; �� L .�' `� .��. �.: _ Q/-33� Arlington Ave. PRO°OS°_� BAS:BALL FI'cLD :.3 � ..... �...� � -1 �:_�, --, �! ._:. : o �: r.t :.:) � i:: � � �° � i _i � � 3 � � �rling�on Arkwriah� �ark PROPOSED SOCCER F�ELD LOCATION �� . .. -. /� 4� s , . �. . ,4rlina�on Ave. & Arkwriqh� St. - St. Paul, MN Council File # �/- 337 0�lGiNAL � Presented By Referred to Committee: Date �� 1 2 3 4 5 6 � 9 10 11 RESOLUTION DIRECTING THE DIVISION OF PARKS AND RECREATION TO AMEND THE JOSN`P AGREEMENT WITH `PHE SAINT PAUL PUBLIC SCHOOL DISTRICT FOR THE ARLINGTON AND ARKWRIGHT PARK ATHLETIC FIELDS. WHEREAS, the City of Saint Paul and the Saint Paul Public School District have a joint use Agreement for the athletic fields at the Arlington/Arkwright Park, and WHEREAS, there are water, electricity and gas costs associated with the fields as covered by the Agreement, and WHEREAS, an amendment to the Agreement will allow the City and the Saint Paul Public Schools to equitably share the costs associated with the use of the athletic fields. 12 NOW, THEREFORE BE IT RESOLVED, that the proper City 13 officials are hereby authorized and directed to amend the joint 14 use Agreement with the Saint Paul Public Schools for the use of 15 the fields at the ArlingtonfArkwright Park so that the costs 16 associated with the use are equitably shared. Yeas Nays Absent Benanav � Blakey � Bostrom Coleman � Harris_ � Lan try �/ Reiter � � � C�" Adopted by Council: Date �� "� y,',� ` �.. Adoption Certified by Council Secretary By By: Green Sheet # / y�3 RESOLUTION CITY OF SAINT PAUL, MINNESOTA � a . RequesCed by: Divi ion of Parks and ��B � t1� Form Approved by City Attorney � By : �— Approved by Mayor for Submission to Council n aY: I?/� J'" _' � AI / rJ7H Y . P U� '� � � o�a��,o��couNp� Ma � op� GREEN SHEET . NO. 111443 Parks and Recreation CON(ACT PHi3pi AND PHONE INIS1ALfDATE INITIALIDATE �nceGillespie 66408 ssa. �c�u�airanECrox �JcmcouNa� MUSTBEONCOUNpLAG@/DABYDA7A � ZCRYATfWRIEY 6qTYC1.9iK 3 PNM/pALSHiNCB01R. � flN/WqAL5HiV/ACCTG 4 MAroFtloRasssrnxi7� 7 Parks & Recreaaon rmu.roFmon�n�r� 7 nw�uincwnoxswxsaiun�m ncna� nEUUESr�: Direct the proper City officials to amend the jant use agreement with Saint Paul Public Schools for the ArlingtonlArkwright Park athletic fields. The amendment would determine the costs associated with the use of the fields shoutd be equitably shared. RECOMMQlDAlIONS: Appove W x Raject � P61HON�L i6lNCE CONIRACTi MY6T ANBW6l7lE FOLLOWIN6 OII�ilONB: _ PLANNING COMMISSION 1. H�s tl'r psmKrm ever werked �aMar a exNee[ fa tlYS tlepvhnentT GIB COMMITTEE YES NO CML SBtVICE COMMISSION z' „a� tlp qn°^Km^ wror bse� � a[y °^a°Y°°T Y6 NO � 3. Dees tlu P��rm V�+a altill not namNH D� M e^Y curreM ulY �V��'ae - YES NO - 4. Is tlin OuaaJfiem a trpe[e! wnd«7 YES NO ERpltln Y Ya �mivo m Mrynt� �Mat antl �lteeh m Vw� Mwt INITIATING PftOeLEM, ISSUE. OPPONTUNIiY �Who, WMt, VMen, WMra, Why): The joint use agreement betweeo the City and the School District for the Arlington/Arkwright fieids needs to be amended so that the costs associated with use of the fields can be equitably addressed. novu,rn��s�Fnrrxovm: The appropriate agency will be able to pay the costs of using the fields. oisnovu,rncESiFnrrnovEn: None o�snovu,rncES�FNOrnar�+ovm The costs associated with using the fields may not be charged to the proper agency. i S�� Y ° !AS! L� `.' �F? d ` ; � TOTALAMOUNTOFTPANSACTION S COSTIREVFNUEBWGEfmIdNCLEONq YFS � + G ��..- I� =��i;� : . WNqN6 SOUICE AC7MTY NI/1B9t �� 9 ,{��pq I RNANCIALINFORMATION: IIXPWN) " ' � " �" � � � � 7' "'" � � �O� � ' �S � �T,&NP?;,�,?a, �4"'{;.r� � f ! �eB�b.6''� ` } � G:IIt4DIWPIGreenSheetsigsar/ingronailcwrighbeso/ution.307.wpd , ' � ?; �' c3 L�� , ,. �� o% 337 Amendment iV'o. 1 to Joint-Use Agreement � � This Amendment is entered into this � day of f e d�� 200k7. In accordance with article 5 oi the Joint-Use Agreement between the City of St. Paul and Independent School District No .625 for Arlington-Arkwright Park Field, dated August 23, 2000, the parties thereto agree to the following amendment: Add: Article 3.11 The District shall pay for all water, electricity and gas bills throughout the year related to the work and areas covered by this agreement. �t the end of each calendar year, the District shall provide the City an accounting of all such exger.ditures ior the year at wh�:ch time the City shall reimburse the District for one-half (50%) of such expenditures. All other provisions of the original agreement remain in full force and effect. _ City of St. Paul By Mayor By Director of Financial Services By Director of Parks and Recreation By City Clerk APPROVED AS TO FORM Independent School District No. 625 Saint Paul Public Schools . �: . :.. . B �sz, �. �� Board Clerk — PoPP��t�E�3 A� �'�3 �AI� L _ Assistant City Attorney � lkt�Tk�vtZt"t'f �g• oo - 5�b ! Agreement No.a2 — 11423—a Oi JOINT-USE-AGREEMENT BETWEEN THE CITY OF SAINT PAUL AND INDEPENDENT SCHOOL DISTRICT, NO. 625 FOR ARLINGTON-ARKWRIGHT PARK FIELD THIS AGREEMENT, dated this'�day of�{�, 2000, by and between the City of Saint Paul, Minnesota, a municipal cor�oration organized and existing under the laws of the State of Minnesota, hereinaftar refened to as "City;" and Independent School I}istrict No. 625 existing pursuant to laws 1965, Chapter 705, as amended, hereinafter referred to as "District." WITNESSETH: WHEREAS, the City is the owner of certain real properiy known as Arlinb on and Arkwright Pazk, hereinafter referred to as the "Pazk," which is located within the corporate limits of the City of Saint Paul, and WHEREAS, said property is legally described as shown on E�ibit "A" attached hereto and incorporated herein, and WHEREAS, District desires to construct a baseball field on a portion of the Arlington/Arkwright Park site, which is more particularly described on E�ibit "B" attached hereto and incorporated herein, and WHEREAS, City desires to construct a soccer field on the portion of the Arlington/Arkwright Park site adjoining the baseball field, also described on E�ibit "B". WHEREAS, the City covenants that it has good and sufficient title to the Arlington/Arkwright Park property, and WHEREAS, the District herewith covenants and agrees that it will use said premises for the purpose intended to-wit: the construction and operation of a basebail field and such related uses which would be common to that type of facility or any lawful athletic use as agreed upon by the parties hereto, NOW THEREFORE, it is mutually agreed by and between City and District as follows: CONSTRUCTIOIV 1.1 CiYy agrees that District shall have the right to construct at iY s own expense, a baseball fiPld and expansion of the existing parking lot on the Park si*e as illustrated in "ExhibiY B," during 2000-2001 construction season. 1.2 District agrees to include City's soccer field in its project construction documents and bid package, itemized in bids such that City may elect to proceed with the soccer field construction based upon bids received, and in the event the City should proceed, the City can reimburse District based upon said bids. 0/-33� 13 City and District agree to cooperate in planning and design of the project, and to acquire all necessary approvals, permits and financing prior to commencement of construction. City and District shall agree on the final plans prior to commencement of construction. 1.4 District agrees to provide design and engineering services for the entire project, and to administer the construction contract, monitor the work, make payments, etc. City agrees to reunburse District for City's shaze of said fees, at a mutually agreed upon sum. District agrees to require its contractor to name City as additional insured on all insurance documents. 1.5 City agrees to reimburse District upon completion of the work, including design and engineering expenses, and the cost of construction for the City's soccer field, in an amount estimated to be approximately $180,000.00. 2. USE OF BASEBALL FIELD 2.1 District shall have exclusive use of the baseball field property annually during the period in the spring from when the field is ready for play without damage to the turf (on or about April 1 and hereinaftez referred to as "Season Open") until the end of the norxnal MinnesoYa State High School League Baseball5eason (on or about June 15). City and District will jointly determine when the turf is ready for play. 2.2 City shall have priority for use annually during the period listed in 2.1 once the needs of the District have been met. City use shall be by approval of the District's representative. 23 City shall have exclusive use of the baseball field property annually during the period from the end of the District's use (on or about June 15) until October 31. 2.4 District shall have priority for use annually during the period listed in 2.3 once the needs of the City have been met. District use shall be by approval of the City's Supervisor of ivlunicipal Athietics. 2.5 The baseball field property shall not be used during the period from 1Vovember 1 until Season Open, as defined in 2.1. 2.6 City and District shall use said baseball field for baseball and such related lawful activities which would be common to that type of facility, and for no other purpose without prior written approval of the City and District. 2.7 City and Distxict shall jointly agree upon xules and regulations governing use of the baseball field. 3. OPERATTONS AND MAII�TTENANCE OF BASEBALL FIELD 3.1 District shall be responsible for all maintenance during the period the District has exclusive use. Maintenance includes grass cutting field prepazation and general upkeep. 0%33� 3.2 City shall be responsible for ali maintenance during the period the City has exclusive use. Maintenance incTudes grass cutting, field prepazation and general upkeep. 33 District shall be responsible for alI operations, maintenance and repairs of the Park's irrigation and plumbing systems, including annual "blowing out" and winterization of the system in the fall, and stariup procedures in the spring. 3.4 District shall be responsible for ali repairs of the fencing, backstop, benches, storage facilities and other amenities related to or part of the haseball field. 3.5 City shall be responsible for all maintenance and upkeep of the parking lot. 3.6 District shall be responsible for at least two portable toilets and regular servicing of said toilets during the period when the District has exclusive use. 3.7 City shall be responsible for at least two portable toilets and regulaz servicing of said toilets during the period when the City has exclusive use, and at other times based upon other activities occurring in the Park. 3.8 District shall provide and be responsible for emptying at least four - thirty gallon trash cans during the period when the District has exclusive use. 39 City shall be responsible for said four - thirty gallon trash cans inciuding emptying, during the period when the City has exclusive use. City shall further provide annuaily for a trash dumpster on the site, including emptying said dumpster on a schedule consistent with City's regulaz trash removal schedule. 3.10 District shall be responsible for all turf management including, fertilization, weed control and zeration. Fertilization and weed control shall be included in the City's annual fertilization and weed control plan, and shall be performed in compliance with all applicable regulations. 4. IIv'DEMNITY 4.1 The District, durina its period of use as described in Article 2 herein, shall indemnify, hold hazmless and defend the City, including the City's officers, directors and employees, from and against any and all claims, demands or causes of action whatsoever and howsoever arising resulting from the acts or omissions of the District, its officers, directors and employees in connection with the District's use of the City's land and operation of the baseball field. 4.2 The City, during its period of use as described in Article 2 herein, shall indemnify, hold harmless and defend the District, including the District's officers, directors and employees, from and against any and all claims, demands or causes of action whatsoever and howsoever arisin� resulting from the acts or omissions of the City, its officers, di;ectors 2nd empioyees in connection with the City's use of the land and operation of the baseball field. 4/ 43 The District and City, during the period when the basebali field is not in use as described in Article 2 herein, shall mutually indemnify and hoid one another harmless from any and all claims, demands or causes of action which may arise. AiI�NDMENTS The Agteement may be amended by mutual aa eement of the District and City. Any improvements or alterations affecting the City's grounds or fields sha11 require the written approval of the Director of Parks and Recreation. 6. TERM AND RENEWAL This Agreement shall be for a term of twenty (20) years commencing on the date first written above. The agreement may be renewed for additional ten (10) year periods upon mutual agreement of District and City. REVIEW This agreement shall be periodically reviewed by the District and City representatives and shali be updated as necessary to keep current in terms of contemporary use, operations and maintenance standards. 8. TERMINATION The City or District may initiate a request to terminate this Agreement by giving written notice to the other pariy three hundred sixty five days prior to cancellation or termination, to which both parties must agree. � d/-337 APPROVAL S TO FORM� � Assistant Ci Attomey � : slc� APPROVAL AS TO FORM District General Counsel �: INDEPENDENT SCHOOL DISTRICT No. 625 Saint aul Public Schools By Boazd Chair = ... s.. l ._ �� _ �� - :.. . - — - �• .' G �&CWGAcEU.eauArArkwSchool wpd C�`�S�AUL Mayor �'/-33� Exhibit A Arlington-Arkwright Pazk That part of Section twenty (20), Township twenty-nine (24), Ran�e ts.venty-two (22) particularly described as follows: Commencing at the Northeast comer of the West one-half (�V 1/2) of the Southwest quarter (SW i/4) of Section twenty (20), thence n,nning Southerly on the East line of said West one-half (WI/2} of the Southwest quarter (SW 1/4), eleven and twenty hundredths (11.20) chains more or less to a point in said line intersected by the North line of Lots forry-five (45) and foriy-six (46), J.W. Bass' Acre Lots, producte East to East line of said eighty (80) acre tract, thence running West on Northerly line of said Lots forty-five (45) and foriy-six (46) and prolongation thereof East and West nine and eighty-six hundredths (9.86) chains, thence North parallel �vith the East line of said West one-half (W 1/2) of South�vest quarter (SW 1/4), eleven and riventy hundredths (11.20) chains to North line of said eighty (80) acre tract, thence running East on last named line nine and eighty-six himdredths (9.86) chains to place of beginning, except the West one hundred (W 100) feet of that part of the West one-half (�V 1/2) of the SoLithwest quarter (S�TJ 1/4) of Section twenty (20), Township twenty-nine (29), Range twenty- two (22}, lying EasT of the present Easterly line of Arkwright Stxeet and I�TOrth of the Northerly line of Lot forty-five (45), J.W. Bass' Acre Lots, except the Northerly six hundred twenty (N'ly 620) feet thereof, being that part conveyed in "1473 Deeds 19' ; and except the Southerly one hundred seventy-five (S'ly 175) feet of the Northerly six hundred twenty (N'ly 620) feet thereof, and except the Northerly 158 feet of the Easterly 115 feet thereof, according to the United States Government survey thereof. Subject to the rights of the City of Saint Paul for street purposes. Subject to Easements and Restrictions of record. Also, Lots thirty-eight (38), thirty-nine (39), forty (40), forty-five (45), and forty-six (46), J. W. Bass' Acre Lots, according to the plat thereof on file and of record in the office of the Register of Deeds within and for Ranisey County. The North one hundred fifty-eight (N 158) feet of the East one hundred fifteen (E 115) feet of the Northwest quarter (NW 1/4) of the Southwest quarter (SW 114) of Section twenty (20), Township twenty-nine (29), Range twenty-two (22), according to the United States Government survey thereof. Subject to the rights of the City of Saint Paul for street purposes. Subject to Easements and Restrictions of record. Sub,}ect to the following restrictions: The site acquired herein or any interest therein may not be sold, leased or othenvise transferred by the City of Saint Paul ��ithout the prior ��ritten approval of the Secretary of Housing and Urban Development, his designee, or any successor thereto. � �y�c�( �' `"' �� l.- r: t- � ,...,_...,,.�,1._ ' -: . " . . - :. - �__s�G'�u:�s.:.< Y .--. .� � � ... : ..-:s_..2_ ;..r...::,--.. a.� .; :_ i � :� _: �u ;. � � ' ( .�.�.m.e....��...�:.,�_.. �..,a...�,.�, �..,�".� �,�.,..�, r—r-.-�,_.�---� `,� �_ --------1 P'� -;:�; �� L .�' `� .��. �.: _ Q/-33� Arlington Ave. PRO°OS°_� BAS:BALL FI'cLD :.3 � ..... �...� � -1 �:_�, --, �! ._:. : o �: r.t :.:) � i:: � � �° � i _i � � 3 � � �rling�on Arkwriah� �ark PROPOSED SOCCER F�ELD LOCATION �� . .. -. /� 4� s , . �. . ,4rlina�on Ave. & Arkwriqh� St. - St. Paul, MN Council File # �/- 337 0�lGiNAL � Presented By Referred to Committee: Date �� 1 2 3 4 5 6 � 9 10 11 RESOLUTION DIRECTING THE DIVISION OF PARKS AND RECREATION TO AMEND THE JOSN`P AGREEMENT WITH `PHE SAINT PAUL PUBLIC SCHOOL DISTRICT FOR THE ARLINGTON AND ARKWRIGHT PARK ATHLETIC FIELDS. WHEREAS, the City of Saint Paul and the Saint Paul Public School District have a joint use Agreement for the athletic fields at the Arlington/Arkwright Park, and WHEREAS, there are water, electricity and gas costs associated with the fields as covered by the Agreement, and WHEREAS, an amendment to the Agreement will allow the City and the Saint Paul Public Schools to equitably share the costs associated with the use of the athletic fields. 12 NOW, THEREFORE BE IT RESOLVED, that the proper City 13 officials are hereby authorized and directed to amend the joint 14 use Agreement with the Saint Paul Public Schools for the use of 15 the fields at the ArlingtonfArkwright Park so that the costs 16 associated with the use are equitably shared. Yeas Nays Absent Benanav � Blakey � Bostrom Coleman � Harris_ � Lan try �/ Reiter � � � C�" Adopted by Council: Date �� "� y,',� ` �.. Adoption Certified by Council Secretary By By: Green Sheet # / y�3 RESOLUTION CITY OF SAINT PAUL, MINNESOTA � a . RequesCed by: Divi ion of Parks and ��B � t1� Form Approved by City Attorney � By : �— Approved by Mayor for Submission to Council n aY: I?/� J'" _' � AI / rJ7H Y . P U� '� � � o�a��,o��couNp� Ma � op� GREEN SHEET . NO. 111443 Parks and Recreation CON(ACT PHi3pi AND PHONE INIS1ALfDATE INITIALIDATE �nceGillespie 66408 ssa. �c�u�airanECrox �JcmcouNa� MUSTBEONCOUNpLAG@/DABYDA7A � ZCRYATfWRIEY 6qTYC1.9iK 3 PNM/pALSHiNCB01R. � flN/WqAL5HiV/ACCTG 4 MAroFtloRasssrnxi7� 7 Parks & Recreaaon rmu.roFmon�n�r� 7 nw�uincwnoxswxsaiun�m ncna� nEUUESr�: Direct the proper City officials to amend the jant use agreement with Saint Paul Public Schools for the ArlingtonlArkwright Park athletic fields. The amendment would determine the costs associated with the use of the fields shoutd be equitably shared. RECOMMQlDAlIONS: Appove W x Raject � P61HON�L i6lNCE CONIRACTi MY6T ANBW6l7lE FOLLOWIN6 OII�ilONB: _ PLANNING COMMISSION 1. H�s tl'r psmKrm ever werked �aMar a exNee[ fa tlYS tlepvhnentT GIB COMMITTEE YES NO CML SBtVICE COMMISSION z' „a� tlp qn°^Km^ wror bse� � a[y °^a°Y°°T Y6 NO � 3. Dees tlu P��rm V�+a altill not namNH D� M e^Y curreM ulY �V��'ae - YES NO - 4. Is tlin OuaaJfiem a trpe[e! wnd«7 YES NO ERpltln Y Ya �mivo m Mrynt� �Mat antl �lteeh m Vw� Mwt INITIATING PftOeLEM, ISSUE. OPPONTUNIiY �Who, WMt, VMen, WMra, Why): The joint use agreement betweeo the City and the School District for the Arlington/Arkwright fieids needs to be amended so that the costs associated with use of the fields can be equitably addressed. novu,rn��s�Fnrrxovm: The appropriate agency will be able to pay the costs of using the fields. oisnovu,rncESiFnrrnovEn: None o�snovu,rncES�FNOrnar�+ovm The costs associated with using the fields may not be charged to the proper agency. i S�� Y ° !AS! L� `.' �F? d ` ; � TOTALAMOUNTOFTPANSACTION S COSTIREVFNUEBWGEfmIdNCLEONq YFS � + G ��..- I� =��i;� : . WNqN6 SOUICE AC7MTY NI/1B9t �� 9 ,{��pq I RNANCIALINFORMATION: IIXPWN) " ' � " �" � � � � 7' "'" � � �O� � ' �S � �T,&NP?;,�,?a, �4"'{;.r� � f ! �eB�b.6''� ` } � G:IIt4DIWPIGreenSheetsigsar/ingronailcwrighbeso/ution.307.wpd , ' � ?; �' c3 L�� , ,. �� o% 337 Amendment iV'o. 1 to Joint-Use Agreement � � This Amendment is entered into this � day of f e d�� 200k7. In accordance with article 5 oi the Joint-Use Agreement between the City of St. Paul and Independent School District No .625 for Arlington-Arkwright Park Field, dated August 23, 2000, the parties thereto agree to the following amendment: Add: Article 3.11 The District shall pay for all water, electricity and gas bills throughout the year related to the work and areas covered by this agreement. �t the end of each calendar year, the District shall provide the City an accounting of all such exger.ditures ior the year at wh�:ch time the City shall reimburse the District for one-half (50%) of such expenditures. All other provisions of the original agreement remain in full force and effect. _ City of St. Paul By Mayor By Director of Financial Services By Director of Parks and Recreation By City Clerk APPROVED AS TO FORM Independent School District No. 625 Saint Paul Public Schools . �: . :.. . B �sz, �. �� Board Clerk — PoPP��t�E�3 A� �'�3 �AI� L _ Assistant City Attorney � lkt�Tk�vtZt"t'f �g• oo - 5�b ! Agreement No.a2 — 11423—a Oi JOINT-USE-AGREEMENT BETWEEN THE CITY OF SAINT PAUL AND INDEPENDENT SCHOOL DISTRICT, NO. 625 FOR ARLINGTON-ARKWRIGHT PARK FIELD THIS AGREEMENT, dated this'�day of�{�, 2000, by and between the City of Saint Paul, Minnesota, a municipal cor�oration organized and existing under the laws of the State of Minnesota, hereinaftar refened to as "City;" and Independent School I}istrict No. 625 existing pursuant to laws 1965, Chapter 705, as amended, hereinafter referred to as "District." WITNESSETH: WHEREAS, the City is the owner of certain real properiy known as Arlinb on and Arkwright Pazk, hereinafter referred to as the "Pazk," which is located within the corporate limits of the City of Saint Paul, and WHEREAS, said property is legally described as shown on E�ibit "A" attached hereto and incorporated herein, and WHEREAS, District desires to construct a baseball field on a portion of the Arlington/Arkwright Park site, which is more particularly described on E�ibit "B" attached hereto and incorporated herein, and WHEREAS, City desires to construct a soccer field on the portion of the Arlington/Arkwright Park site adjoining the baseball field, also described on E�ibit "B". WHEREAS, the City covenants that it has good and sufficient title to the Arlington/Arkwright Park property, and WHEREAS, the District herewith covenants and agrees that it will use said premises for the purpose intended to-wit: the construction and operation of a basebail field and such related uses which would be common to that type of facility or any lawful athletic use as agreed upon by the parties hereto, NOW THEREFORE, it is mutually agreed by and between City and District as follows: CONSTRUCTIOIV 1.1 CiYy agrees that District shall have the right to construct at iY s own expense, a baseball fiPld and expansion of the existing parking lot on the Park si*e as illustrated in "ExhibiY B," during 2000-2001 construction season. 1.2 District agrees to include City's soccer field in its project construction documents and bid package, itemized in bids such that City may elect to proceed with the soccer field construction based upon bids received, and in the event the City should proceed, the City can reimburse District based upon said bids. 0/-33� 13 City and District agree to cooperate in planning and design of the project, and to acquire all necessary approvals, permits and financing prior to commencement of construction. City and District shall agree on the final plans prior to commencement of construction. 1.4 District agrees to provide design and engineering services for the entire project, and to administer the construction contract, monitor the work, make payments, etc. City agrees to reunburse District for City's shaze of said fees, at a mutually agreed upon sum. District agrees to require its contractor to name City as additional insured on all insurance documents. 1.5 City agrees to reimburse District upon completion of the work, including design and engineering expenses, and the cost of construction for the City's soccer field, in an amount estimated to be approximately $180,000.00. 2. USE OF BASEBALL FIELD 2.1 District shall have exclusive use of the baseball field property annually during the period in the spring from when the field is ready for play without damage to the turf (on or about April 1 and hereinaftez referred to as "Season Open") until the end of the norxnal MinnesoYa State High School League Baseball5eason (on or about June 15). City and District will jointly determine when the turf is ready for play. 2.2 City shall have priority for use annually during the period listed in 2.1 once the needs of the District have been met. City use shall be by approval of the District's representative. 23 City shall have exclusive use of the baseball field property annually during the period from the end of the District's use (on or about June 15) until October 31. 2.4 District shall have priority for use annually during the period listed in 2.3 once the needs of the City have been met. District use shall be by approval of the City's Supervisor of ivlunicipal Athietics. 2.5 The baseball field property shall not be used during the period from 1Vovember 1 until Season Open, as defined in 2.1. 2.6 City and District shall use said baseball field for baseball and such related lawful activities which would be common to that type of facility, and for no other purpose without prior written approval of the City and District. 2.7 City and Distxict shall jointly agree upon xules and regulations governing use of the baseball field. 3. OPERATTONS AND MAII�TTENANCE OF BASEBALL FIELD 3.1 District shall be responsible for all maintenance during the period the District has exclusive use. Maintenance includes grass cutting field prepazation and general upkeep. 0%33� 3.2 City shall be responsible for ali maintenance during the period the City has exclusive use. Maintenance incTudes grass cutting, field prepazation and general upkeep. 33 District shall be responsible for alI operations, maintenance and repairs of the Park's irrigation and plumbing systems, including annual "blowing out" and winterization of the system in the fall, and stariup procedures in the spring. 3.4 District shall be responsible for ali repairs of the fencing, backstop, benches, storage facilities and other amenities related to or part of the haseball field. 3.5 City shall be responsible for all maintenance and upkeep of the parking lot. 3.6 District shall be responsible for at least two portable toilets and regular servicing of said toilets during the period when the District has exclusive use. 3.7 City shall be responsible for at least two portable toilets and regulaz servicing of said toilets during the period when the City has exclusive use, and at other times based upon other activities occurring in the Park. 3.8 District shall provide and be responsible for emptying at least four - thirty gallon trash cans during the period when the District has exclusive use. 39 City shall be responsible for said four - thirty gallon trash cans inciuding emptying, during the period when the City has exclusive use. City shall further provide annuaily for a trash dumpster on the site, including emptying said dumpster on a schedule consistent with City's regulaz trash removal schedule. 3.10 District shall be responsible for all turf management including, fertilization, weed control and zeration. Fertilization and weed control shall be included in the City's annual fertilization and weed control plan, and shall be performed in compliance with all applicable regulations. 4. IIv'DEMNITY 4.1 The District, durina its period of use as described in Article 2 herein, shall indemnify, hold hazmless and defend the City, including the City's officers, directors and employees, from and against any and all claims, demands or causes of action whatsoever and howsoever arising resulting from the acts or omissions of the District, its officers, directors and employees in connection with the District's use of the City's land and operation of the baseball field. 4.2 The City, during its period of use as described in Article 2 herein, shall indemnify, hold harmless and defend the District, including the District's officers, directors and employees, from and against any and all claims, demands or causes of action whatsoever and howsoever arisin� resulting from the acts or omissions of the City, its officers, di;ectors 2nd empioyees in connection with the City's use of the land and operation of the baseball field. 4/ 43 The District and City, during the period when the basebali field is not in use as described in Article 2 herein, shall mutually indemnify and hoid one another harmless from any and all claims, demands or causes of action which may arise. AiI�NDMENTS The Agteement may be amended by mutual aa eement of the District and City. Any improvements or alterations affecting the City's grounds or fields sha11 require the written approval of the Director of Parks and Recreation. 6. TERM AND RENEWAL This Agreement shall be for a term of twenty (20) years commencing on the date first written above. The agreement may be renewed for additional ten (10) year periods upon mutual agreement of District and City. REVIEW This agreement shall be periodically reviewed by the District and City representatives and shali be updated as necessary to keep current in terms of contemporary use, operations and maintenance standards. 8. TERMINATION The City or District may initiate a request to terminate this Agreement by giving written notice to the other pariy three hundred sixty five days prior to cancellation or termination, to which both parties must agree. � d/-337 APPROVAL S TO FORM� � Assistant Ci Attomey � : slc� APPROVAL AS TO FORM District General Counsel �: INDEPENDENT SCHOOL DISTRICT No. 625 Saint aul Public Schools By Boazd Chair = ... s.. l ._ �� _ �� - :.. . - — - �• .' G �&CWGAcEU.eauArArkwSchool wpd C�`�S�AUL Mayor �'/-33� Exhibit A Arlington-Arkwright Pazk That part of Section twenty (20), Township twenty-nine (24), Ran�e ts.venty-two (22) particularly described as follows: Commencing at the Northeast comer of the West one-half (�V 1/2) of the Southwest quarter (SW i/4) of Section twenty (20), thence n,nning Southerly on the East line of said West one-half (WI/2} of the Southwest quarter (SW 1/4), eleven and twenty hundredths (11.20) chains more or less to a point in said line intersected by the North line of Lots forry-five (45) and foriy-six (46), J.W. Bass' Acre Lots, producte East to East line of said eighty (80) acre tract, thence running West on Northerly line of said Lots forty-five (45) and foriy-six (46) and prolongation thereof East and West nine and eighty-six hundredths (9.86) chains, thence North parallel �vith the East line of said West one-half (W 1/2) of South�vest quarter (SW 1/4), eleven and riventy hundredths (11.20) chains to North line of said eighty (80) acre tract, thence running East on last named line nine and eighty-six himdredths (9.86) chains to place of beginning, except the West one hundred (W 100) feet of that part of the West one-half (�V 1/2) of the SoLithwest quarter (S�TJ 1/4) of Section twenty (20), Township twenty-nine (29), Range twenty- two (22}, lying EasT of the present Easterly line of Arkwright Stxeet and I�TOrth of the Northerly line of Lot forty-five (45), J.W. Bass' Acre Lots, except the Northerly six hundred twenty (N'ly 620) feet thereof, being that part conveyed in "1473 Deeds 19' ; and except the Southerly one hundred seventy-five (S'ly 175) feet of the Northerly six hundred twenty (N'ly 620) feet thereof, and except the Northerly 158 feet of the Easterly 115 feet thereof, according to the United States Government survey thereof. Subject to the rights of the City of Saint Paul for street purposes. Subject to Easements and Restrictions of record. Also, Lots thirty-eight (38), thirty-nine (39), forty (40), forty-five (45), and forty-six (46), J. W. Bass' Acre Lots, according to the plat thereof on file and of record in the office of the Register of Deeds within and for Ranisey County. The North one hundred fifty-eight (N 158) feet of the East one hundred fifteen (E 115) feet of the Northwest quarter (NW 1/4) of the Southwest quarter (SW 114) of Section twenty (20), Township twenty-nine (29), Range twenty-two (22), according to the United States Government survey thereof. Subject to the rights of the City of Saint Paul for street purposes. Subject to Easements and Restrictions of record. Sub,}ect to the following restrictions: The site acquired herein or any interest therein may not be sold, leased or othenvise transferred by the City of Saint Paul ��ithout the prior ��ritten approval of the Secretary of Housing and Urban Development, his designee, or any successor thereto. � �y�c�( �' `"' �� l.- r: t- � ,...,_...,,.�,1._ ' -: . " . . - :. - �__s�G'�u:�s.:.< Y .--. .� � � ... : ..-:s_..2_ ;..r...::,--.. a.� .; :_ i � :� _: �u ;. � � ' ( .�.�.m.e....��...�:.,�_.. �..,a...�,.�, �..,�".� �,�.,..�, r—r-.-�,_.�---� `,� �_ --------1 P'� -;:�; �� L .�' `� .��. �.: _ Q/-33� Arlington Ave. PRO°OS°_� BAS:BALL FI'cLD :.3 � ..... �...� � -1 �:_�, --, �! ._:. : o �: r.t :.:) � i:: � � �° � i _i � � 3 � � �rling�on Arkwriah� �ark PROPOSED SOCCER F�ELD LOCATION �� . .. -. /� 4� s , . �. . ,4rlina�on Ave. & Arkwriqh� St. - St. Paul, MN