94-1283 » I
0 R I VENAL # % Council File / -�-
Green Sheet # ,Z c e,2
RESOLUTION
ITY OF SAI T PAUL, MINNESOTA
Presented By Ads
Referred To Committee: Date
1
2 Whereas, The former Edge mbe School property has been acquired by the
3 Talmud Torah of St. Paul for use = a private school; and
4
5 Whereas, Talmud Torah a 'd the City of Saint Paul, Parks and Recreation
6 Division, mutually desire to allow . ublic use of the existing open space playground area
7 for recreational sports activities d ring those times when the use of the playground area
8 will not conflict with the use or n: ed by the Talmud Torah; and
9
10 Whereas, The draft agree - nt attached to this resolution has been approved by
11 the Board of Directors of the Tal ud Torah and the Mayor has recommended that the
12 City also approve of it; now there ore be it
13
14 Resolved, That the Counci of the City of Saint Paul does hereby approve the
15 attached Joint Use of Playground greement between the City and Talmud Torah of St.
16 Paul, and the Mayor and Director', of the Department of Finance and Management
17 Services are hereby authorized an directed to execute the said Agreement on behalf of
18 the City of Saint Paul.
Yea= Nays A• =ent Requested by Department of:
Blakey /
crimms on Divisi • Parks and Recreation
Guerin /
Megard I✓ �r►
Rettman
Thune BY:
I r 1
• Form Appro . =d by City Attorne
Adopted by Council: Date � s
Adoption Certified by Council Secre =ry By: 2 _
By: IL, - A rov=
pp Mayor for Sub 'scion to
:roveby aDate r : �� II,
.7 831
6 s1 R'o F i
DEPARTMENT /OFFI OEJLO` UNi21l • E INITIATED , `1 - L. 8 4 2 a
Parks and Recreation •./23/94 GREEN SHEET
CONTACT PERSON & PHONE DEPARTMENT DIRECTOR INITIAL/DATE t�f-i CITY COUNCIL Robert Pi ram 266 -6404 ` CITY ATTORNEY C 0 CITY CLERK
MUST BE ON COUNCIL AGENDA BY (DATE) POR 0 BUDGET DIRECTOR 0 FIN. & MGT SERVICES DIR. II ti
,. a MAYOR (CR ASSIST ANT) G-E Re - - . -
TOTAL # OF SIGNATURE PAGES (CL ' ALL LOCATIONS FOR SIGNATURE) I
I'
ACTION REQUESTED:
A
#
Approval of an agreement between T. mud Torah and the City of Saint Paul regarding,
the future use of the Edgcumbe Sch..] property. It
RECOMMENDATIONS: Approve (A) or Reject (R)
ERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
_ PLANNING COMMISSION CIVIL SERVICE COMMISSION • Has this person/firm ever worked under a contract for thin department?
CO3 COMMITTEE YES NO
Hes this person/firm ever been a city employee? -
_ STAFF YES NO r: :
_ DISTRICT COURT . Does this person/firm possess a skill not normally Posammed by any current city employes? < t
SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO
lain all es answers on
P y separate sheet and attach to green sheet.
i
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, ):
Talmud Torah owns the property and is about to make improvements to the existing 1,1,'.
building. The Community would 1ik: to have assurances that the remaining green
space, after the building improvem. have been completed, will be available for
public use.
is
ADVANTAGES IF APPROVED: x
1
The public space will be available or use for public athletic activities and a ,
skating rink.
DISADVANTAGES IF APPROVED: rt
City will accept liability respons •ilities for the proper maintenance of the � ',
remaining open space. 4
DISADVANTAGES IF NOT APPROVED:
I
Community will have to rely on the .tipulation contained in the contract for deed
to insure that the public has use • the field space.
}
I 71
k
1
TOTAL AMOUNT OF TRANSACTION $ COST /REVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDING SOURCE ACTIVITY NUMBER * ',
FINANCIAL INFORMATION: (EXPLAIN)
C
I `
JOINT UST OF PLAYGROUND AGREEMENT
This Joint Use of :la round
yg Agreement is made and entered
into this day of , 1994, by and between the City
of Saint Paul, a municip.1 corporation of the State of Minnesota,
for itself, its success•'s or assigns (hereafter referred to as
"CITY ") and The Talmud T•,rah of St. Paul, a nonprofit corporation
of the State of Minnes. a, (hereafter referred to as "TALMUD
TORAH ").
Whereas, Talmud Tora is the owner of the following described
real property located wi'hin the City of Saint Paul, and which is
sometimes known as the farmer Edgcumbe School property:
Lots one (1) to twenty -eight (28) both
inclusive, Blo k Two (2), King's Park View
addition, acco ding to the plat thereof on
file and of rec.rd in the office of the Ramsey
County Recorde•.
NOW THEREFORE, In c.nsideration of the mutual promises and
benefits of each of the •arties hereto, the City and Talmud Torah
do hereby agree as follo s:
1. Large Toy Pl- vground and Hard Surface Playground
Areas. The portion of she above descredropert id i) f ied on
the attached map (Exhibi, A) as the " all be
maintained by Talmud Tor.I and shall be made available for use by
the general public so_ o gs s chSe ■oes not conflict with any
use or need for such .•ice -- n -- �- Y e me` almud Tor Talmud
Torah may construct a fece to enclose the
access for the general p i •lic shall be made available.
2. Open Space. h portion of the above described property
is identified on the attached map (EXHIBIT A) as the "OPEN SPACE
PLAYGROUND AREA ". The •ity shall have permission to use all of
the Open Space Playground Area for recreational sports activities,
and no other purpose, whe ever such use does not conflict with any
use of or need for such +pen Space Playground Area by the Talmud
Torah subject to the following conditions:
(a) On a seasonal •asis and in a timely fashion, the City
shall notify t e Talmud Torah of the City's requested
regularly sched led use of the Open Space Playground Area
for the coming -eason. The Talmud Torah shall, in timely
response, notif the City whether permission is granted
or denied for all or part of said schedule.
(b) The City shal maintain the Open Space Playground
including but l ot limited to the following: mowing
grass, shovelin sidewalks, maintenance of the infield
and backstop oi the ballfield, and flooding of an ice
rink for commun ty use during the winter months.
(c) The City shal indemnify and hold harmless Talmud Torah
from any clads for damages or injuries which arise out
of the use of he Open Space Playground Area by the City
and /or any pe'sons using the such area pursuant to the
authority gi -n to the City under this Agreement.
Provided, howe er, that the City's total liability to any
person or per- for injuries or claims, including all
claims for dam ges against Talmud Torah, shall not exceed
the Minnesota s tatutory tort liability limits of the City
as set forth ; In Minn. Stat. chapter 466 or any other
statutory limi, ations.
(d) Talmud Torah a. rees that future improvement of the above -
described property will not cause the Open Space
Playground are. to be substantially reduced or eliminated
during the ter of this Agreement.
3. This Agreement shall not be binding upon any successors
in interest of the Tal ud Torah or upon any purchaser of the
aforesaid property from he Talmud Torah.
4. Term of Agreemnt. The term of this Agreement shall be
for twenty (20) years until
the existing Contract for Deed
between the Talmud Torah and School District 625 is paid in full,
whichever is earlier.
5. Notice of Sale Prior to entering into an agreement
to sell the above - describ property, the Talmud Torah shall notify
the City of Talmud Tora 's intent to sell said property. This
paragraph shall not be •onstrued to grant the City any rights,
whatsoever, other than t L right to notice set forth herein.
IN WITNESS WHEREOF, he parties hereto have made and executed
this agreement as of the 1 •ate and year first above written.
Approved as to form: CITY OF SAINT PAUL
i
/
`,
�- ■ Mayor
A ' - ant f ' ' 1 torney
Director, Department of
Finance and Management Services
THE TALMUD TORAH OF ST. PAUL
Pr sident
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