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98-275Council File # - t0 � A� ( «� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented sy Re£erred to r /- r,� Committee: Date 1 RESOLUTION AUTHORIZING AGREEMENT WITH CRETIN DERHAM 2 HALL HIGH SCHOOL FOR DEVELOPMENT AND OPERATION OF ATHLETIC FIELDS 3 WHEREAS, the City of Saint Paul (City) desires to increase and improve outdoor 4 athletic field space in the City, and 5 WNEREAS, Cretin Derham Nall (CDH) currently leases certain property (the Property) 6 from the Sisters of Saint Joseph of Carondelet, Saint Paul Province, for the purpose of 7 providing outdoor physical education, recreation and athletic activities to CDH students and 8 others, said Property legally described as foliows: 9 LEASE AREA "A" l0 CRETIN-DERHAM HALL 11 az 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 That part of the Northeast Quarter of the Southwest Quarter of Section 10, Township 28, Range 23, Ramsey County, Minnesota, described as follows: Commencing at a point in the east line of Warwick Street distant 508.14 feet south of the north line of said Southwest Quarter; thence South 89 degrees 47 minutes O5 seconds East, paraliel with the north line of said Southwest Quarter, assumed basis for bearings, 343.18 feet; thence North 00 degrees 03 minutes 57 seconds East 268.14 feet to the south line of the north 24�.�0 feet of said Southwest Quarter; thence South 89 degrees 47 minutes 05 seconds East, along said south line, 88.83 feet; thence South 00 degrees 03 minutes 57 seconds East 228.16 feet to the point of beginning of the parcei to be described; thence continuing South 00 degrees 03 minutes 57 seconds East 678.00 feet to the north line of the south 175.00 feet of the Northeast Quarter of the Southwest Quarter; thence easterly along said north line of the south 175.00 feet, a distance of 498.32 feet to the west line of South Albert Street; thence northerly along said west line of South Albert Street 455.00 feet; thence westeriy parallel with the south line of said Northeast Quarter of the Southwest Quarter to an intersection with the southeriy extension of the west fine of Lot 1, Biock 1, CRETfN FIRST ADDITfON, according to the recorded plat thereof, said Ramsey County; thence northerly along said southerly extension 59.17 feet to the southwest comer of said Lot 1; thence westerly along the westerly extension of the south line of said Lot 1, a distance of 100.00 feet; thence northerly parallel with the west line of said Lot 1 to an intersection with a line drawn easterly and parallei with the south of said Northeast Quarter of the Southwest Quarter from the point of beginning; thence westeriy along said parallel line to the point of beginning. Green Sheet # �$�'��°-� 23 36 LEASEAREA"B" �(�".+ �� 37 CRETIN-DERHAM HALL 38 39 40 41 42 43 44 45 46 47 � 50 51 That part of the Northeast Quarter of the Southwest Quarter of Section 10, Township 28, Range 23, Ramsey County, Minnesota, described as follows: Beginning at the southwest comer of Lot 1, Block 1, CRETIN FIRST ADDITION, according to the recorded plat thereof, Ramsey County, Minnesota; thence westeriy along the westerly extension of the south line of said Lot 1, a distance of 100.00 feet; thence northerly parallel with the west line of said Lot 1, a distance of 163.76 feet; thence easterly parallel with the south line of said Northeast Quarter of the Southwest Quarter, a distance of 100.00 feet to the west line of said Lot 1; thence southerly along said west line of Lot 1, a distance of 163.84 feet to the point of beginning. WHEREAS, CDH warrants that it has the right, under its Property lease with the Sisters of Saint Joseph Carondelet, to enter into an agreement with the City, and WHEREAS, the City and CDH will together develop and operate improved outdoor athletic fields on the Property, for the benefit of the public and the CDH student body, and 52 WHEREAS, the City has appropriated Capital Improvement Bond funds in the amount 53 of $340,000.00 toward the development of the Property, with the balance needed to be 54 provided by CDH, said development project to be carried out by CDH during the 1998 55 construction season, 56 NOW THEREFORE BE IT RESOLVED, that the Council of the City of Saint Paul 57 hereby authorizes and directs the proper City of4icials to enter into an agreement with Cretin 58 Derham Hall High Schooi for development and operation of athletic fieid space on the property 59 described herein, and 60 FURTHER RESOLVED, that upon execution of said agreement and satisfaction of the 61 provisions of Article 3 of said agreement, entitled City Payment, the proper City officials are 62 hereby further authorized to make payment to CDH in the amount of $340,000.00. (� � Requested by: Adopted by Council: Date�_�� . . . •- - • .tli-` ;��.� � Form Approved by City � Adoption Certified by Council Secretary By: � Ap7 By Approved By: '� Sub rssion to � i aa_�n� DEPAflTMENT/OFFICE/COUNCIL OATEINITIATED GREEN SHEET ��'� NO. 63868 `� Parks and Recreation 3/30/9S CONTACT PERSON AND PHONE INRiAVDATE INfT1AUDATE Bob Piram/John Wirka � � DEPARTMENfDIRECTOR 4 CRYCOUNCIL ASSIGN 66404/66411 NUMBER FOH 2 CITY ATfORNEY �CITY CIF7iK flOII�ING MUST BE ON COUNQL AGENDA BY (DAiEI OADER .3 FINANQAlSERVICES OIR. 5 FINANqAL SERVlACCT6 MAYOR �OR ASSISTATIT) B PARKS & flECREA"f10N April �i, 1998 TOTAL S OF SIGNANRE PAGES � (CLIP ALL lqCA710N5 FOR SIGNATUBE) ACT10N REQUESTED: Approval of City Council Resolution authorizing Agreement with Cretin Derham Hall High School (CDH) for development and operation of outdoor athletic fields. flECOMMENDATONS: Approve (A) or Rejec[ (R� PERSONAL SEPVICE CONiRHCTS MUST ANSWER THE FOLLOWING QUFS'fIONS: _PIANNING CAMMISSION _dVll SERVICE WMMISSION �, Has [his person/frtm ever v✓o/ketl under a conttact for tbis deparGnen[? CIB COMMITfEE _ VES NO .� STAFF 2. Has this personlfirm ever bem a c@y empioyee? YES NO DISTRICT COUNpL — — 3 Does tM1is person/firm possess a skill not normally possessed by any cu�rent ciry employee? SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO Ezplain all yes answers an separete sheet antl attach [o gresn sheei. _ INITIAl1NG PFOBLEM, ISSUE, OPPOR'iUNITY fWFO, What, When, Where, Why): CDH and City's Division of Parks and Recreation will improve and operate existing open field area owned by the Sisters of Saint Joseph of Carondelet. City's 1996 Capital Improvement Budget includes funding for the City's participation in the improvement project. Fields will be operated jointly by CDH and Parks and Recreation. ADVANTAGES IF APPROVED. Three new soccer fiieids devefoped fior use by CDH siudent body and the public. DISADVANTAGES IF APPROVED: None �� APR _ 1 i99� DISADVANTA6ES IF NOT APPROVEO: �� d Field development postponed. TOTAL AMOUNT OF TRANSACTION S S4O,000.00 COSLNEVENUE BUOGEfED (CIflCLE ONE - VES NO FUNDINGSOURCE C�B ACTIVRYNUMBER C96-3S035 FINANqAI INFORMATION: (EXPUIIN) �: � Y �� .��s �� M ;;- : . y AGREEMENT ' Date This Agreement is made and entered into this day of 199 , by and between Cretin Derham Hall High School, a Minnesota non-profit corporation, 550 South Albert Avenue, Saint Paui, Minnesota 55116 (hereinafter called CDH) and the City of Saint Paul, a municipal corporation and political subdivision of the State of Minnesota (hereinafter called the City). WITNESSETH: Whereas, the City, through its Division of Parks and Recreation, desires to increase and improve outdoor athletic field space in the City of Saint Paul, and Whereas, CDFi currently leases certain real property (hereinafter called the Property), located within an area bounded by Randolph Avenue on the north, Albert Street on the east, the public alley on the south and Independent School District 625 on the west, as legally described in Exhibit "A," attached hereto and incorporated herein, from the Sisters of St. Joseph of Carondelet, Saint Paul Province, for the purpose of providing outdoor physical education, recreation and athletic activities to CDH's students and others, and Whereas, CDH and City together desire to develop and operate unproved outdoor athletic fields on the Property for the benefit of the public and the CDH student body, and Whereas, CDH wanants that it has the right, under its Property lease with the Sisters of Saint Joseph of Carondelet, to enter into this lease a�reement with the City. Now Therefore, for and in consideration of one dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, along with the 1 q�-a�s performance of all other provisions contained herein, CDA does hereby lease the Property to the Ciry for the purpose of developing and operatin� athletic fields in concert with CDH and according to the provisions contained herein. 1. Term and Renewal: This lease shall be in efFect for an inival term of twenty (20) years commencing upon completion of the development described in Article 2 herein. City shall have the right and option to renew this lease for one renewal term of ten (10) years under the provisions of this lease. 2. Development: CDH agrees to develop on the leased Property, three soccer fields (one Olympic size 225 ft. x 360 ft., two regulation size 195 ft. x 330 ft.), one baseballlsoftball field and one softball field, all substantially in accordance with the site plan attached hereto and incorporated herein as E�ibit "B," and including all fencing, ballfield backstops, soccer goals, retaining walls, drainage and irrigation systems, storage building and other work needed to provide a complete project. CDH further agrees to include in the development project the installation of an outdoor drinking fountain at or near the Harriet Bishop Center for I,earning, in accordance with plans furnished by the Saint Paul Public School's Executive Director of Plant Planning and Maintenance. Not withstanding the provisions of Article 3, CDH agrees to develop the leased Properry as set forth above and at its own expense and further agrees that the development work will be completed during the 1998 construction season. City agrees to provide a topographic survey of the Property, obtained and u� � � � °_ � ,? � .-„ F; ., -- s - e ;;; � � � ��`� �� 2 (�8t@ paid for by City in May 1996, Co CDH for its use in preparation of devetopment plans. The City makes no warranry as to the accuracy of the survey. 3. City Pavment: The City has bud�eted $340,000.00 in local Capital Improvement Bond funding toward devetopment of the leased Property as described in Article 2 herein. City a?rees to make payment of same to CDH within 30 days of CDH entering into a construction contract for development of tl leased Property, provided CDH provides evidence of such contract to the City, and subject to City review and approval of the contract construction documents for compliance with required local labor standards provisions and other City rules and regulations goveming construction work, and subject to CDH and City agreement regarding schedules called for in Article 4. CDH further agrees to require its qY.z�S contractor to include the City as an additional named insured under insurance polices that CDF3 will require for and with the construction contract. 4. CDH and City Use: The City and CDH, each in consideration of the other's programs, mission, and maintenanCe responsibilities as described in Article 5 herein, agree to develop mutually satisfactory schedutes for use of the leased Property as follows: CDH shall have the use of the leased Property for its regular athletic and co-cunicular activities throughout the normai school day during all tirnes that school is in session, including daytune preseason and in season practice use for CDH football, soccer, baseball and sofrbali teams. CDH agrees to prepare use schedules and convey said schedules to City's representative � �� —;".. �� J . 3 �� : - _ ��a`� on a semiannual basis, in the spring (on or about April 1) and fall (on or about Au�ust 1) of each year. Ciry shall be responsible for coordinatinQ and schedulin� all public use of the field areas and City shall have the use of the leased Property for its regular athletic activities after the end of the normal school day during all times the school is in session and during the summer months and other non-school periods, exceptin� CDH daytime preseason and in season practice uses and other agreed upon uses. Ci[y agrees to prepaze use schedules and convey said schedules to CDH's representative on a semiannual basis, in the spring (on or about April 1) and the fall (on or about August 1) of each year. CDH and City agree that each may use the leased Property for special events, tournaments or clinics upon consultation with the other and mutual agreement concerning time and duration of said special events, toumaments or clinics. City and CDH acknowiedge that weather conditions and/turf maintenance activities may occasionaily disrupt their respective use schedules, and further agree that City and CDH representatives will be in frequent communication regarding any disruptions and schedulin� adjustments thereby necessitated. Under such circumstances City and CDH each agree to accommodate the other to the extent possible within the limits of their respective schedules, and further agree to avoid excessive or repetitive use patterns or use during inclement weather that may result in severe wear or damage to the fields. � �� ,� ��''�� r'_i`�._ � � . . q �•�`� 5. CDH and Citv Nlaintenance: CDH shall have overall care and maintenance responsibility for the leased Property including fencing, balifield backstops, soccer goals, retainin� walls, stora�e buildin„ draina�e and irri�ation systems. CDH shall provide field linin� for its programs and infield maintenance for the ballfield on a daily basis or as needed. City shall be responsible for weekiy mowin�, refuse removal, and will provide field lining for its programs on a daily basis or as needed. City shall provide assistance to CDH for irrigation system service, including spring start-up and fall shutdown procedures. Ciry and CDH shall share in the cost of the annual turf maintenance, necessary to keep the fields in good condition, as follows: on an annual basis, and at mutually convenient times, City and CDH representatives shall meet to evaluate turf conditions and deternune the extent of aeration, topdressing, seeding, fertiliaation, and weed control necessary to maintain a high quality turf condition on the fields. City and CDH representatives shall agree upon said turf maintenance program, its schedule for implementation, and its anticipated cost, and having done so, each party shall share equaily in the cost of the work. 6. Insurance and Indemnification• When CDH is utilizing the premises described herein, it shall be responsible for any and all claims for damages based on death, injury or property damage that may arise during the time of such utilization and shaii save and hold harmless the Ciry from such claims. When the City is utilizing the premises described herein, it shall be responsible for any and all claims for damages based on death, injury or property damage that may arise during the ,�� z n ,s �, : � � � � 9 ,�'"� �, P � ; ^,, s f, . U r; ;�=�Y ',;,+ ��»�� ,�� '�a � .. q�.��►s time of such utilizations and shall save and hold harmless the City from such claims. In connection �uith the fore�oin? indemnity provision CDH agrees that durin� the term of this a�reement it will carry and maintain in full force and effect an insurance policy namin� the City as additional insured and containing the limits of at least $300,000 per person and $750,000 combined single luniis. CDH further a�rees that during the term of this agreement it will maintain worker's compensation insurance in accordance with the requirements of Minnesota Law. The insurance requirements stated herein may be adjusted from tune to time by notice from the Ciry and as mandated by State Statute. The City acknowledges that it does not carry commercial liability insurance for bodily injury, personal injury, property damage or workers' compensation but has in effect, a progratn of self-insurance. It is further acknowledged that the City's liabilities are limited by the provisions of MN Statute, Chapter 466. There is no waiver of the City of any of the protections set forth therein. 7. Surrender of Premises: City, at the expiration of the term of this Agreement, or any subsequent Amendment as may be made under the provisions of Article I, or any sooner termination of said Agreement or Amendments thereto, shalf quit peacefully and sunender possession of said Premises and any unprovements thereon to CDA. 8. Holdover: Any holdover by City after the expiration of the term of this Agreement shall be deemed to be a tenancy only from month-to-month. AIl other terms and conditions of this Agreement sha11 be applicable. „ ��,s � �� ; � 9� s � �� qg-z�5 9. Agreement Administrators: The Asreemen[ Administrator for the Ci[y is the Superintendent of Parks and Recreation or such other person desi�nated by same. The A�reement Administrator for CDH is its President/Principal, or such other person desi�nated by same. 10. Miscellaneous: a) Section Headings. The Headings in this Agreement have been inserted for purposes of convenience only and are not intended to and do not define or lunit the scope of any of the provisions contained herein. b) Severability. In the event any provision of this ADreement is deemed unconstitutional, illegal or void as a matter of law, the parties agree that all of the provisions of this Agreement which are not affected by such an occunence shall constitute a full and complete Agreement between the parties. c) Governing Law. This Lease shall be governed by and construed for all purposes in accordance with the laws of the State of Minnesota. 11. Amendment of Agreement. This Agreement may be amended upon mutuai agreement of CDH and City. A11 amendments sha11 be in wziting and effective ugon execution of duly qualified officers of CDH and City. �; ,- -= ,. � ,<,�'�'� t; :: -� , � i n Li e� n k� H.t �,'r 'i �a N�'•a a f �� •U L.."_'a r � � �.� "�; '9 �y �'�3 l;�n � [� �,�y .r�� - Lad'�t�� 7 qg.��1S This document contains the entire Agreement between the parties. The terms of this A�reement are contractual and not a mere recital. No promise, inducement or representation other [han what is set forth in this A�reement has been made, offered or a�reed upon by either party. The undersigned parties have fully read the foregoin� A�reement in its entirety, have been fully advised by their counsel, know and understand the contents and si�n the same as their free act and deed. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year in this Agreement first above written. CRETIN DERHAM FiALL CITY OF SAINT PAUL �� President/Principal Mayor Director, Department of Financial Services a�� , � � 'r � ✓ �� Superintendent, Parks and Recreation �`; �• ;y., 4 = - ..� � ,. � -''y'' , :�= APPROVED AS TO FORM: �G Assistant City Attorney N: I GROUPIDIVI WPIAGREEMN7'I CDHI1.97 0 � q �'�`� EXHIBIT A LEASE AREA "A" CRETIiV-DERHAM HALL That part of the Northeast Quarter of the Southwest Quarter of Section 10, Township 28, Range 23, Ramsey County, Minnesota, described as follows: Commencing at a point in the east line of Warwick Street distant 508.14 feet south of the north line of said Southwest Quarter; thence South 89 degrees 47 minutes 05 seconds East, parallel with the north line of said Southwest Quarter, assumed basis for bearings, 343.18 feet; thence Nocth 00 degrees 03 minutes 57 seconds East 268.14 feet to the south line of the north 240.00 feet of said Southwest Quarter; thence South 89 degrees 47 minutes 05 seconds East, along said south line, 88.83 feet; thence South 00 degrees 03 minutes 57 seconds East 228.16 feet to the point of beginning of the parcel to be described; thence continuing South 00 degrees 03 minutes 57 seconds East 678.00 feet to the north line of the south 175.00 feet of the Northeast Quarter of the Southwest Quarter; thence easteriy along said north line of the sovtfr'�TS.� feei, a distance of 498.32 feet to the west iine of South Aibert Street; thence northerly along said west line of South Albert Street 455.00 feet; thence westerly parallei with the south line of said Northeast Quarter of the Southwest Quarter to an intersection with the southerly extension of the west line of Lot 1, Block 1, CRETIN FIRST ADDITION, according to the recorded plat thereof, said Ramsey County; thence northerly along said southerly extension 59.17 feet to the southwest corner of said Lot 1; thence westerly along the westerly extension of the south line of said Lot 1, a distance of 100.00 feet; thence northerly parallei with the west line of said Lot 1 to an intersection with a line drawn easterly and parallel with the south of said Northeast Quarter of the Southwest Quarter from the point of beginning; thence westeriy along said paraliel (ine to the point of beginning. °I �'�.�5 EXHIBIT A LEASE AREA "B" CRETIN-DERHAM HALL That part of the Northeast Quarter of the Soufhwest Quarter of Section 10, Township 28, Range 23, Ramsey County, Minnesota, described as follows: Beginning at the southwest corner of Lot 1, Block 1, CRETIN FIRST ADDITION, according to the recorded plat thereof, Ramsey County, Minnesota; thence westerly afong the westerly extension of the south line of said Lot 1, a distance of 100.00 feet; thence northeriy parallel with the west line of said Lot 1, a distance of 163.76 feet; thence easteriy parallel with the south line of said Northeast Quarter of the Southwest Quarter , a distance of 100.00 feet to the west line ofi said Lot 1; thence southerly along said west line of Lot 1, a distance of 163.84 feet to the point of beginning. � C� - 7i � � n� -� � zo i � � � i � n � D � D f D n n � � � 0 0 0 N 0 � NORiH EXHIBIT B �. ____--� _�— _ - _-_ - _ � ., � � " m 'J _. . �. ` S • � _ '_' -___!� �' ( .-� ' � � �� - - - , — ; � — .' �. ; ;; ;: , ,—'� � � �� m : I , —� ; _�—, , � . � ,—� � — � � � ; , , �_________ r--, � G7 N � , � D� c _ r� � � � J t . , �,- ' o ,; ; ; � � � t . 1 v . ti � E i a � `� I i � T j - � �r E' � i ,I f ' � .�� t .. , . I ;`��' o f �` � � � k ' `. I '' �_ � ; ; I f —� T 1 �� 1 �� ' { E � i _ i , ; e % f � �. ! � i ;� ;� �� , r m D m � � r D � m n D � °I Y'a .� -€ ' Y D E R { X �� .�r � j �1 � ,--. , , ----------_ : , :;: , � , ...•� i u j �' � � � L � > b; , � � � �� N ,� PF 1: ;� m+ ir �� i � - ��I " c: d r '�� . r P: i ' � 1 i: �,; i T --- i ; � � � � t ; � � �; � y � �� f�� ;�; ( ' � ; i; i; � : e; � ' �' �; � � ,�: � ,.�, � f , ` � ,� . i � a,� � � � t' .; �' i i �I� ! ..I�i a r m m � � � � � m m ti � :i I;t ! ;�i �'� if; �,�� ,; 1' �l; I: _ HRCC DIST 15 TEL=612- Mar 20'95 8�47 No.002 P.02 a� - a `' s Sisters of St. Joseph of Carondelet Sc. Paul Province S March I5, 1995 Gayle W. Summers Distr;ct 15-HACC & i�istrict i4-14Yac Groveiand 1978 Ford Parkway St. Paul, MN 55116 Dear Gayle; The Sisters of St. Joseph approve the use of the property bounded by Expo School, Holy Spirit School and Albert Street for after school and summer soccer and ball for a period of time within the limits of the lease provided _ for Cretin-Derham Hall. We like ° the name Carondelet Athletic FieIds and are pleased that the land is used for safe and healthy activities for children. Sincerely yours, M a'e��'�'�-��`f� ��.��-:.� � ��°�--, $ t Balanger, S3 Mar aret L. K asnicka, CSJ Ann Walton, CSJ Province Leadership Team cc. Bruce Engelbrcket , 1$R4 Rq�dolph Avcnuc, St. Paul, MN 55105-1700 612-690-7000 FAX 612•G90-7U39 Council File # - t0 � A� ( «� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented sy Re£erred to r /- r,� Committee: Date 1 RESOLUTION AUTHORIZING AGREEMENT WITH CRETIN DERHAM 2 HALL HIGH SCHOOL FOR DEVELOPMENT AND OPERATION OF ATHLETIC FIELDS 3 WHEREAS, the City of Saint Paul (City) desires to increase and improve outdoor 4 athletic field space in the City, and 5 WNEREAS, Cretin Derham Nall (CDH) currently leases certain property (the Property) 6 from the Sisters of Saint Joseph of Carondelet, Saint Paul Province, for the purpose of 7 providing outdoor physical education, recreation and athletic activities to CDH students and 8 others, said Property legally described as foliows: 9 LEASE AREA "A" l0 CRETIN-DERHAM HALL 11 az 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 That part of the Northeast Quarter of the Southwest Quarter of Section 10, Township 28, Range 23, Ramsey County, Minnesota, described as follows: Commencing at a point in the east line of Warwick Street distant 508.14 feet south of the north line of said Southwest Quarter; thence South 89 degrees 47 minutes O5 seconds East, paraliel with the north line of said Southwest Quarter, assumed basis for bearings, 343.18 feet; thence North 00 degrees 03 minutes 57 seconds East 268.14 feet to the south line of the north 24�.�0 feet of said Southwest Quarter; thence South 89 degrees 47 minutes 05 seconds East, along said south line, 88.83 feet; thence South 00 degrees 03 minutes 57 seconds East 228.16 feet to the point of beginning of the parcei to be described; thence continuing South 00 degrees 03 minutes 57 seconds East 678.00 feet to the north line of the south 175.00 feet of the Northeast Quarter of the Southwest Quarter; thence easterly along said north line of the south 175.00 feet, a distance of 498.32 feet to the west line of South Albert Street; thence northerly along said west line of South Albert Street 455.00 feet; thence westeriy parallel with the south line of said Northeast Quarter of the Southwest Quarter to an intersection with the southeriy extension of the west fine of Lot 1, Biock 1, CRETfN FIRST ADDITfON, according to the recorded plat thereof, said Ramsey County; thence northerly along said southerly extension 59.17 feet to the southwest comer of said Lot 1; thence westerly along the westerly extension of the south line of said Lot 1, a distance of 100.00 feet; thence northerly parallel with the west line of said Lot 1 to an intersection with a line drawn easterly and parallei with the south of said Northeast Quarter of the Southwest Quarter from the point of beginning; thence westeriy along said parallel line to the point of beginning. Green Sheet # �$�'��°-� 23 36 LEASEAREA"B" �(�".+ �� 37 CRETIN-DERHAM HALL 38 39 40 41 42 43 44 45 46 47 � 50 51 That part of the Northeast Quarter of the Southwest Quarter of Section 10, Township 28, Range 23, Ramsey County, Minnesota, described as follows: Beginning at the southwest comer of Lot 1, Block 1, CRETIN FIRST ADDITION, according to the recorded plat thereof, Ramsey County, Minnesota; thence westeriy along the westerly extension of the south line of said Lot 1, a distance of 100.00 feet; thence northerly parallel with the west line of said Lot 1, a distance of 163.76 feet; thence easterly parallel with the south line of said Northeast Quarter of the Southwest Quarter, a distance of 100.00 feet to the west line of said Lot 1; thence southerly along said west line of Lot 1, a distance of 163.84 feet to the point of beginning. WHEREAS, CDH warrants that it has the right, under its Property lease with the Sisters of Saint Joseph Carondelet, to enter into an agreement with the City, and WHEREAS, the City and CDH will together develop and operate improved outdoor athletic fields on the Property, for the benefit of the public and the CDH student body, and 52 WHEREAS, the City has appropriated Capital Improvement Bond funds in the amount 53 of $340,000.00 toward the development of the Property, with the balance needed to be 54 provided by CDH, said development project to be carried out by CDH during the 1998 55 construction season, 56 NOW THEREFORE BE IT RESOLVED, that the Council of the City of Saint Paul 57 hereby authorizes and directs the proper City of4icials to enter into an agreement with Cretin 58 Derham Hall High Schooi for development and operation of athletic fieid space on the property 59 described herein, and 60 FURTHER RESOLVED, that upon execution of said agreement and satisfaction of the 61 provisions of Article 3 of said agreement, entitled City Payment, the proper City officials are 62 hereby further authorized to make payment to CDH in the amount of $340,000.00. (� � Requested by: Adopted by Council: Date�_�� . . . •- - • .tli-` ;��.� � Form Approved by City � Adoption Certified by Council Secretary By: � Ap7 By Approved By: '� Sub rssion to � i aa_�n� DEPAflTMENT/OFFICE/COUNCIL OATEINITIATED GREEN SHEET ��'� NO. 63868 `� Parks and Recreation 3/30/9S CONTACT PERSON AND PHONE INRiAVDATE INfT1AUDATE Bob Piram/John Wirka � � DEPARTMENfDIRECTOR 4 CRYCOUNCIL ASSIGN 66404/66411 NUMBER FOH 2 CITY ATfORNEY �CITY CIF7iK flOII�ING MUST BE ON COUNQL AGENDA BY (DAiEI OADER .3 FINANQAlSERVICES OIR. 5 FINANqAL SERVlACCT6 MAYOR �OR ASSISTATIT) B PARKS & flECREA"f10N April �i, 1998 TOTAL S OF SIGNANRE PAGES � (CLIP ALL lqCA710N5 FOR SIGNATUBE) ACT10N REQUESTED: Approval of City Council Resolution authorizing Agreement with Cretin Derham Hall High School (CDH) for development and operation of outdoor athletic fields. flECOMMENDATONS: Approve (A) or Rejec[ (R� PERSONAL SEPVICE CONiRHCTS MUST ANSWER THE FOLLOWING QUFS'fIONS: _PIANNING CAMMISSION _dVll SERVICE WMMISSION �, Has [his person/frtm ever v✓o/ketl under a conttact for tbis deparGnen[? CIB COMMITfEE _ VES NO .� STAFF 2. Has this personlfirm ever bem a c@y empioyee? YES NO DISTRICT COUNpL — — 3 Does tM1is person/firm possess a skill not normally possessed by any cu�rent ciry employee? SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO Ezplain all yes answers an separete sheet antl attach [o gresn sheei. _ INITIAl1NG PFOBLEM, ISSUE, OPPOR'iUNITY fWFO, What, When, Where, Why): CDH and City's Division of Parks and Recreation will improve and operate existing open field area owned by the Sisters of Saint Joseph of Carondelet. City's 1996 Capital Improvement Budget includes funding for the City's participation in the improvement project. Fields will be operated jointly by CDH and Parks and Recreation. ADVANTAGES IF APPROVED. Three new soccer fiieids devefoped fior use by CDH siudent body and the public. DISADVANTAGES IF APPROVED: None �� APR _ 1 i99� DISADVANTA6ES IF NOT APPROVEO: �� d Field development postponed. TOTAL AMOUNT OF TRANSACTION S S4O,000.00 COSLNEVENUE BUOGEfED (CIflCLE ONE - VES NO FUNDINGSOURCE C�B ACTIVRYNUMBER C96-3S035 FINANqAI INFORMATION: (EXPUIIN) �: � Y �� .��s �� M ;;- : . y AGREEMENT ' Date This Agreement is made and entered into this day of 199 , by and between Cretin Derham Hall High School, a Minnesota non-profit corporation, 550 South Albert Avenue, Saint Paui, Minnesota 55116 (hereinafter called CDH) and the City of Saint Paul, a municipal corporation and political subdivision of the State of Minnesota (hereinafter called the City). WITNESSETH: Whereas, the City, through its Division of Parks and Recreation, desires to increase and improve outdoor athletic field space in the City of Saint Paul, and Whereas, CDFi currently leases certain real property (hereinafter called the Property), located within an area bounded by Randolph Avenue on the north, Albert Street on the east, the public alley on the south and Independent School District 625 on the west, as legally described in Exhibit "A," attached hereto and incorporated herein, from the Sisters of St. Joseph of Carondelet, Saint Paul Province, for the purpose of providing outdoor physical education, recreation and athletic activities to CDH's students and others, and Whereas, CDH and City together desire to develop and operate unproved outdoor athletic fields on the Property for the benefit of the public and the CDH student body, and Whereas, CDH wanants that it has the right, under its Property lease with the Sisters of Saint Joseph of Carondelet, to enter into this lease a�reement with the City. Now Therefore, for and in consideration of one dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, along with the 1 q�-a�s performance of all other provisions contained herein, CDA does hereby lease the Property to the Ciry for the purpose of developing and operatin� athletic fields in concert with CDH and according to the provisions contained herein. 1. Term and Renewal: This lease shall be in efFect for an inival term of twenty (20) years commencing upon completion of the development described in Article 2 herein. City shall have the right and option to renew this lease for one renewal term of ten (10) years under the provisions of this lease. 2. Development: CDH agrees to develop on the leased Property, three soccer fields (one Olympic size 225 ft. x 360 ft., two regulation size 195 ft. x 330 ft.), one baseballlsoftball field and one softball field, all substantially in accordance with the site plan attached hereto and incorporated herein as E�ibit "B," and including all fencing, ballfield backstops, soccer goals, retaining walls, drainage and irrigation systems, storage building and other work needed to provide a complete project. CDH further agrees to include in the development project the installation of an outdoor drinking fountain at or near the Harriet Bishop Center for I,earning, in accordance with plans furnished by the Saint Paul Public School's Executive Director of Plant Planning and Maintenance. Not withstanding the provisions of Article 3, CDH agrees to develop the leased Properry as set forth above and at its own expense and further agrees that the development work will be completed during the 1998 construction season. City agrees to provide a topographic survey of the Property, obtained and u� � � � °_ � ,? � .-„ F; ., -- s - e ;;; � � � ��`� �� 2 (�8t@ paid for by City in May 1996, Co CDH for its use in preparation of devetopment plans. The City makes no warranry as to the accuracy of the survey. 3. City Pavment: The City has bud�eted $340,000.00 in local Capital Improvement Bond funding toward devetopment of the leased Property as described in Article 2 herein. City a?rees to make payment of same to CDH within 30 days of CDH entering into a construction contract for development of tl leased Property, provided CDH provides evidence of such contract to the City, and subject to City review and approval of the contract construction documents for compliance with required local labor standards provisions and other City rules and regulations goveming construction work, and subject to CDH and City agreement regarding schedules called for in Article 4. CDH further agrees to require its qY.z�S contractor to include the City as an additional named insured under insurance polices that CDF3 will require for and with the construction contract. 4. CDH and City Use: The City and CDH, each in consideration of the other's programs, mission, and maintenanCe responsibilities as described in Article 5 herein, agree to develop mutually satisfactory schedutes for use of the leased Property as follows: CDH shall have the use of the leased Property for its regular athletic and co-cunicular activities throughout the normai school day during all tirnes that school is in session, including daytune preseason and in season practice use for CDH football, soccer, baseball and sofrbali teams. CDH agrees to prepare use schedules and convey said schedules to City's representative � �� —;".. �� J . 3 �� : - _ ��a`� on a semiannual basis, in the spring (on or about April 1) and fall (on or about Au�ust 1) of each year. Ciry shall be responsible for coordinatinQ and schedulin� all public use of the field areas and City shall have the use of the leased Property for its regular athletic activities after the end of the normal school day during all times the school is in session and during the summer months and other non-school periods, exceptin� CDH daytime preseason and in season practice uses and other agreed upon uses. Ci[y agrees to prepaze use schedules and convey said schedules to CDH's representative on a semiannual basis, in the spring (on or about April 1) and the fall (on or about August 1) of each year. CDH and City agree that each may use the leased Property for special events, tournaments or clinics upon consultation with the other and mutual agreement concerning time and duration of said special events, toumaments or clinics. City and CDH acknowiedge that weather conditions and/turf maintenance activities may occasionaily disrupt their respective use schedules, and further agree that City and CDH representatives will be in frequent communication regarding any disruptions and schedulin� adjustments thereby necessitated. Under such circumstances City and CDH each agree to accommodate the other to the extent possible within the limits of their respective schedules, and further agree to avoid excessive or repetitive use patterns or use during inclement weather that may result in severe wear or damage to the fields. � �� ,� ��''�� r'_i`�._ � � . . q �•�`� 5. CDH and Citv Nlaintenance: CDH shall have overall care and maintenance responsibility for the leased Property including fencing, balifield backstops, soccer goals, retainin� walls, stora�e buildin„ draina�e and irri�ation systems. CDH shall provide field linin� for its programs and infield maintenance for the ballfield on a daily basis or as needed. City shall be responsible for weekiy mowin�, refuse removal, and will provide field lining for its programs on a daily basis or as needed. City shall provide assistance to CDH for irrigation system service, including spring start-up and fall shutdown procedures. Ciry and CDH shall share in the cost of the annual turf maintenance, necessary to keep the fields in good condition, as follows: on an annual basis, and at mutually convenient times, City and CDH representatives shall meet to evaluate turf conditions and deternune the extent of aeration, topdressing, seeding, fertiliaation, and weed control necessary to maintain a high quality turf condition on the fields. City and CDH representatives shall agree upon said turf maintenance program, its schedule for implementation, and its anticipated cost, and having done so, each party shall share equaily in the cost of the work. 6. Insurance and Indemnification• When CDH is utilizing the premises described herein, it shall be responsible for any and all claims for damages based on death, injury or property damage that may arise during the time of such utilization and shaii save and hold harmless the Ciry from such claims. When the City is utilizing the premises described herein, it shall be responsible for any and all claims for damages based on death, injury or property damage that may arise during the ,�� z n ,s �, : � � � � 9 ,�'"� �, P � ; ^,, s f, . U r; ;�=�Y ',;,+ ��»�� ,�� '�a � .. q�.��►s time of such utilizations and shall save and hold harmless the City from such claims. In connection �uith the fore�oin? indemnity provision CDH agrees that durin� the term of this a�reement it will carry and maintain in full force and effect an insurance policy namin� the City as additional insured and containing the limits of at least $300,000 per person and $750,000 combined single luniis. CDH further a�rees that during the term of this agreement it will maintain worker's compensation insurance in accordance with the requirements of Minnesota Law. The insurance requirements stated herein may be adjusted from tune to time by notice from the Ciry and as mandated by State Statute. The City acknowledges that it does not carry commercial liability insurance for bodily injury, personal injury, property damage or workers' compensation but has in effect, a progratn of self-insurance. It is further acknowledged that the City's liabilities are limited by the provisions of MN Statute, Chapter 466. There is no waiver of the City of any of the protections set forth therein. 7. Surrender of Premises: City, at the expiration of the term of this Agreement, or any subsequent Amendment as may be made under the provisions of Article I, or any sooner termination of said Agreement or Amendments thereto, shalf quit peacefully and sunender possession of said Premises and any unprovements thereon to CDA. 8. Holdover: Any holdover by City after the expiration of the term of this Agreement shall be deemed to be a tenancy only from month-to-month. AIl other terms and conditions of this Agreement sha11 be applicable. „ ��,s � �� ; � 9� s � �� qg-z�5 9. Agreement Administrators: The Asreemen[ Administrator for the Ci[y is the Superintendent of Parks and Recreation or such other person desi�nated by same. The A�reement Administrator for CDH is its President/Principal, or such other person desi�nated by same. 10. Miscellaneous: a) Section Headings. The Headings in this Agreement have been inserted for purposes of convenience only and are not intended to and do not define or lunit the scope of any of the provisions contained herein. b) Severability. In the event any provision of this ADreement is deemed unconstitutional, illegal or void as a matter of law, the parties agree that all of the provisions of this Agreement which are not affected by such an occunence shall constitute a full and complete Agreement between the parties. c) Governing Law. This Lease shall be governed by and construed for all purposes in accordance with the laws of the State of Minnesota. 11. Amendment of Agreement. This Agreement may be amended upon mutuai agreement of CDH and City. A11 amendments sha11 be in wziting and effective ugon execution of duly qualified officers of CDH and City. �; ,- -= ,. � ,<,�'�'� t; :: -� , � i n Li e� n k� H.t �,'r 'i �a N�'•a a f �� •U L.."_'a r � � �.� "�; '9 �y �'�3 l;�n � [� �,�y .r�� - Lad'�t�� 7 qg.��1S This document contains the entire Agreement between the parties. The terms of this A�reement are contractual and not a mere recital. No promise, inducement or representation other [han what is set forth in this A�reement has been made, offered or a�reed upon by either party. The undersigned parties have fully read the foregoin� A�reement in its entirety, have been fully advised by their counsel, know and understand the contents and si�n the same as their free act and deed. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year in this Agreement first above written. CRETIN DERHAM FiALL CITY OF SAINT PAUL �� President/Principal Mayor Director, Department of Financial Services a�� , � � 'r � ✓ �� Superintendent, Parks and Recreation �`; �• ;y., 4 = - ..� � ,. � -''y'' , :�= APPROVED AS TO FORM: �G Assistant City Attorney N: I GROUPIDIVI WPIAGREEMN7'I CDHI1.97 0 � q �'�`� EXHIBIT A LEASE AREA "A" CRETIiV-DERHAM HALL That part of the Northeast Quarter of the Southwest Quarter of Section 10, Township 28, Range 23, Ramsey County, Minnesota, described as follows: Commencing at a point in the east line of Warwick Street distant 508.14 feet south of the north line of said Southwest Quarter; thence South 89 degrees 47 minutes 05 seconds East, parallel with the north line of said Southwest Quarter, assumed basis for bearings, 343.18 feet; thence Nocth 00 degrees 03 minutes 57 seconds East 268.14 feet to the south line of the north 240.00 feet of said Southwest Quarter; thence South 89 degrees 47 minutes 05 seconds East, along said south line, 88.83 feet; thence South 00 degrees 03 minutes 57 seconds East 228.16 feet to the point of beginning of the parcel to be described; thence continuing South 00 degrees 03 minutes 57 seconds East 678.00 feet to the north line of the south 175.00 feet of the Northeast Quarter of the Southwest Quarter; thence easteriy along said north line of the sovtfr'�TS.� feei, a distance of 498.32 feet to the west iine of South Aibert Street; thence northerly along said west line of South Albert Street 455.00 feet; thence westerly parallei with the south line of said Northeast Quarter of the Southwest Quarter to an intersection with the southerly extension of the west line of Lot 1, Block 1, CRETIN FIRST ADDITION, according to the recorded plat thereof, said Ramsey County; thence northerly along said southerly extension 59.17 feet to the southwest corner of said Lot 1; thence westerly along the westerly extension of the south line of said Lot 1, a distance of 100.00 feet; thence northerly parallei with the west line of said Lot 1 to an intersection with a line drawn easterly and parallel with the south of said Northeast Quarter of the Southwest Quarter from the point of beginning; thence westeriy along said paraliel (ine to the point of beginning. °I �'�.�5 EXHIBIT A LEASE AREA "B" CRETIN-DERHAM HALL That part of the Northeast Quarter of the Soufhwest Quarter of Section 10, Township 28, Range 23, Ramsey County, Minnesota, described as follows: Beginning at the southwest corner of Lot 1, Block 1, CRETIN FIRST ADDITION, according to the recorded plat thereof, Ramsey County, Minnesota; thence westerly afong the westerly extension of the south line of said Lot 1, a distance of 100.00 feet; thence northeriy parallel with the west line of said Lot 1, a distance of 163.76 feet; thence easteriy parallel with the south line of said Northeast Quarter of the Southwest Quarter , a distance of 100.00 feet to the west line ofi said Lot 1; thence southerly along said west line of Lot 1, a distance of 163.84 feet to the point of beginning. � C� - 7i � � n� -� � zo i � � � i � n � D � D f D n n � � � 0 0 0 N 0 � NORiH EXHIBIT B �. ____--� _�— _ - _-_ - _ � ., � � " m 'J _. . �. ` S • � _ '_' -___!� �' ( .-� ' � � �� - - - , — ; � — .' �. ; ;; ;: , ,—'� � � �� m : I , —� ; _�—, , � . � ,—� � — � � � ; , , �_________ r--, � G7 N � , � D� c _ r� � � � J t . , �,- ' o ,; ; ; � � � t . 1 v . ti � E i a � `� I i � T j - � �r E' � i ,I f ' � .�� t .. , . I ;`��' o f �` � � � k ' `. I '' �_ � ; ; I f —� T 1 �� 1 �� ' { E � i _ i , ; e % f � �. ! � i ;� ;� �� , r m D m � � r D � m n D � °I Y'a .� -€ ' Y D E R { X �� .�r � j �1 � ,--. , , ----------_ : , :;: , � , ...•� i u j �' � � � L � > b; , � � � �� N ,� PF 1: ;� m+ ir �� i � - ��I " c: d r '�� . r P: i ' � 1 i: �,; i T --- i ; � � � � t ; � � �; � y � �� f�� ;�; ( ' � ; i; i; � : e; � ' �' �; � � ,�: � ,.�, � f , ` � ,� . i � a,� � � � t' .; �' i i �I� ! ..I�i a r m m � � � � � m m ti � :i I;t ! ;�i �'� if; �,�� ,; 1' �l; I: _ HRCC DIST 15 TEL=612- Mar 20'95 8�47 No.002 P.02 a� - a `' s Sisters of St. Joseph of Carondelet Sc. Paul Province S March I5, 1995 Gayle W. Summers Distr;ct 15-HACC & i�istrict i4-14Yac Groveiand 1978 Ford Parkway St. Paul, MN 55116 Dear Gayle; The Sisters of St. Joseph approve the use of the property bounded by Expo School, Holy Spirit School and Albert Street for after school and summer soccer and ball for a period of time within the limits of the lease provided _ for Cretin-Derham Hall. We like ° the name Carondelet Athletic FieIds and are pleased that the land is used for safe and healthy activities for children. Sincerely yours, M a'e��'�'�-��`f� ��.��-:.� � ��°�--, $ t Balanger, S3 Mar aret L. K asnicka, CSJ Ann Walton, CSJ Province Leadership Team cc. Bruce Engelbrcket , 1$R4 Rq�dolph Avcnuc, St. Paul, MN 55105-1700 612-690-7000 FAX 612•G90-7U39 Council File # - t0 � A� ( «� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented sy Re£erred to r /- r,� Committee: Date 1 RESOLUTION AUTHORIZING AGREEMENT WITH CRETIN DERHAM 2 HALL HIGH SCHOOL FOR DEVELOPMENT AND OPERATION OF ATHLETIC FIELDS 3 WHEREAS, the City of Saint Paul (City) desires to increase and improve outdoor 4 athletic field space in the City, and 5 WNEREAS, Cretin Derham Nall (CDH) currently leases certain property (the Property) 6 from the Sisters of Saint Joseph of Carondelet, Saint Paul Province, for the purpose of 7 providing outdoor physical education, recreation and athletic activities to CDH students and 8 others, said Property legally described as foliows: 9 LEASE AREA "A" l0 CRETIN-DERHAM HALL 11 az 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 That part of the Northeast Quarter of the Southwest Quarter of Section 10, Township 28, Range 23, Ramsey County, Minnesota, described as follows: Commencing at a point in the east line of Warwick Street distant 508.14 feet south of the north line of said Southwest Quarter; thence South 89 degrees 47 minutes O5 seconds East, paraliel with the north line of said Southwest Quarter, assumed basis for bearings, 343.18 feet; thence North 00 degrees 03 minutes 57 seconds East 268.14 feet to the south line of the north 24�.�0 feet of said Southwest Quarter; thence South 89 degrees 47 minutes 05 seconds East, along said south line, 88.83 feet; thence South 00 degrees 03 minutes 57 seconds East 228.16 feet to the point of beginning of the parcei to be described; thence continuing South 00 degrees 03 minutes 57 seconds East 678.00 feet to the north line of the south 175.00 feet of the Northeast Quarter of the Southwest Quarter; thence easterly along said north line of the south 175.00 feet, a distance of 498.32 feet to the west line of South Albert Street; thence northerly along said west line of South Albert Street 455.00 feet; thence westeriy parallel with the south line of said Northeast Quarter of the Southwest Quarter to an intersection with the southeriy extension of the west fine of Lot 1, Biock 1, CRETfN FIRST ADDITfON, according to the recorded plat thereof, said Ramsey County; thence northerly along said southerly extension 59.17 feet to the southwest comer of said Lot 1; thence westerly along the westerly extension of the south line of said Lot 1, a distance of 100.00 feet; thence northerly parallel with the west line of said Lot 1 to an intersection with a line drawn easterly and parallei with the south of said Northeast Quarter of the Southwest Quarter from the point of beginning; thence westeriy along said parallel line to the point of beginning. Green Sheet # �$�'��°-� 23 36 LEASEAREA"B" �(�".+ �� 37 CRETIN-DERHAM HALL 38 39 40 41 42 43 44 45 46 47 � 50 51 That part of the Northeast Quarter of the Southwest Quarter of Section 10, Township 28, Range 23, Ramsey County, Minnesota, described as follows: Beginning at the southwest comer of Lot 1, Block 1, CRETIN FIRST ADDITION, according to the recorded plat thereof, Ramsey County, Minnesota; thence westeriy along the westerly extension of the south line of said Lot 1, a distance of 100.00 feet; thence northerly parallel with the west line of said Lot 1, a distance of 163.76 feet; thence easterly parallel with the south line of said Northeast Quarter of the Southwest Quarter, a distance of 100.00 feet to the west line of said Lot 1; thence southerly along said west line of Lot 1, a distance of 163.84 feet to the point of beginning. WHEREAS, CDH warrants that it has the right, under its Property lease with the Sisters of Saint Joseph Carondelet, to enter into an agreement with the City, and WHEREAS, the City and CDH will together develop and operate improved outdoor athletic fields on the Property, for the benefit of the public and the CDH student body, and 52 WHEREAS, the City has appropriated Capital Improvement Bond funds in the amount 53 of $340,000.00 toward the development of the Property, with the balance needed to be 54 provided by CDH, said development project to be carried out by CDH during the 1998 55 construction season, 56 NOW THEREFORE BE IT RESOLVED, that the Council of the City of Saint Paul 57 hereby authorizes and directs the proper City of4icials to enter into an agreement with Cretin 58 Derham Hall High Schooi for development and operation of athletic fieid space on the property 59 described herein, and 60 FURTHER RESOLVED, that upon execution of said agreement and satisfaction of the 61 provisions of Article 3 of said agreement, entitled City Payment, the proper City officials are 62 hereby further authorized to make payment to CDH in the amount of $340,000.00. (� � Requested by: Adopted by Council: Date�_�� . . . •- - • .tli-` ;��.� � Form Approved by City � Adoption Certified by Council Secretary By: � Ap7 By Approved By: '� Sub rssion to � i aa_�n� DEPAflTMENT/OFFICE/COUNCIL OATEINITIATED GREEN SHEET ��'� NO. 63868 `� Parks and Recreation 3/30/9S CONTACT PERSON AND PHONE INRiAVDATE INfT1AUDATE Bob Piram/John Wirka � � DEPARTMENfDIRECTOR 4 CRYCOUNCIL ASSIGN 66404/66411 NUMBER FOH 2 CITY ATfORNEY �CITY CIF7iK flOII�ING MUST BE ON COUNQL AGENDA BY (DAiEI OADER .3 FINANQAlSERVICES OIR. 5 FINANqAL SERVlACCT6 MAYOR �OR ASSISTATIT) B PARKS & flECREA"f10N April �i, 1998 TOTAL S OF SIGNANRE PAGES � (CLIP ALL lqCA710N5 FOR SIGNATUBE) ACT10N REQUESTED: Approval of City Council Resolution authorizing Agreement with Cretin Derham Hall High School (CDH) for development and operation of outdoor athletic fields. flECOMMENDATONS: Approve (A) or Rejec[ (R� PERSONAL SEPVICE CONiRHCTS MUST ANSWER THE FOLLOWING QUFS'fIONS: _PIANNING CAMMISSION _dVll SERVICE WMMISSION �, Has [his person/frtm ever v✓o/ketl under a conttact for tbis deparGnen[? CIB COMMITfEE _ VES NO .� STAFF 2. Has this personlfirm ever bem a c@y empioyee? YES NO DISTRICT COUNpL — — 3 Does tM1is person/firm possess a skill not normally possessed by any cu�rent ciry employee? SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO Ezplain all yes answers an separete sheet antl attach [o gresn sheei. _ INITIAl1NG PFOBLEM, ISSUE, OPPOR'iUNITY fWFO, What, When, Where, Why): CDH and City's Division of Parks and Recreation will improve and operate existing open field area owned by the Sisters of Saint Joseph of Carondelet. City's 1996 Capital Improvement Budget includes funding for the City's participation in the improvement project. Fields will be operated jointly by CDH and Parks and Recreation. ADVANTAGES IF APPROVED. Three new soccer fiieids devefoped fior use by CDH siudent body and the public. DISADVANTAGES IF APPROVED: None �� APR _ 1 i99� DISADVANTA6ES IF NOT APPROVEO: �� d Field development postponed. TOTAL AMOUNT OF TRANSACTION S S4O,000.00 COSLNEVENUE BUOGEfED (CIflCLE ONE - VES NO FUNDINGSOURCE C�B ACTIVRYNUMBER C96-3S035 FINANqAI INFORMATION: (EXPUIIN) �: � Y �� .��s �� M ;;- : . y AGREEMENT ' Date This Agreement is made and entered into this day of 199 , by and between Cretin Derham Hall High School, a Minnesota non-profit corporation, 550 South Albert Avenue, Saint Paui, Minnesota 55116 (hereinafter called CDH) and the City of Saint Paul, a municipal corporation and political subdivision of the State of Minnesota (hereinafter called the City). WITNESSETH: Whereas, the City, through its Division of Parks and Recreation, desires to increase and improve outdoor athletic field space in the City of Saint Paul, and Whereas, CDFi currently leases certain real property (hereinafter called the Property), located within an area bounded by Randolph Avenue on the north, Albert Street on the east, the public alley on the south and Independent School District 625 on the west, as legally described in Exhibit "A," attached hereto and incorporated herein, from the Sisters of St. Joseph of Carondelet, Saint Paul Province, for the purpose of providing outdoor physical education, recreation and athletic activities to CDH's students and others, and Whereas, CDH and City together desire to develop and operate unproved outdoor athletic fields on the Property for the benefit of the public and the CDH student body, and Whereas, CDH wanants that it has the right, under its Property lease with the Sisters of Saint Joseph of Carondelet, to enter into this lease a�reement with the City. Now Therefore, for and in consideration of one dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, along with the 1 q�-a�s performance of all other provisions contained herein, CDA does hereby lease the Property to the Ciry for the purpose of developing and operatin� athletic fields in concert with CDH and according to the provisions contained herein. 1. Term and Renewal: This lease shall be in efFect for an inival term of twenty (20) years commencing upon completion of the development described in Article 2 herein. City shall have the right and option to renew this lease for one renewal term of ten (10) years under the provisions of this lease. 2. Development: CDH agrees to develop on the leased Property, three soccer fields (one Olympic size 225 ft. x 360 ft., two regulation size 195 ft. x 330 ft.), one baseballlsoftball field and one softball field, all substantially in accordance with the site plan attached hereto and incorporated herein as E�ibit "B," and including all fencing, ballfield backstops, soccer goals, retaining walls, drainage and irrigation systems, storage building and other work needed to provide a complete project. CDH further agrees to include in the development project the installation of an outdoor drinking fountain at or near the Harriet Bishop Center for I,earning, in accordance with plans furnished by the Saint Paul Public School's Executive Director of Plant Planning and Maintenance. Not withstanding the provisions of Article 3, CDH agrees to develop the leased Properry as set forth above and at its own expense and further agrees that the development work will be completed during the 1998 construction season. City agrees to provide a topographic survey of the Property, obtained and u� � � � °_ � ,? � .-„ F; ., -- s - e ;;; � � � ��`� �� 2 (�8t@ paid for by City in May 1996, Co CDH for its use in preparation of devetopment plans. The City makes no warranry as to the accuracy of the survey. 3. City Pavment: The City has bud�eted $340,000.00 in local Capital Improvement Bond funding toward devetopment of the leased Property as described in Article 2 herein. City a?rees to make payment of same to CDH within 30 days of CDH entering into a construction contract for development of tl leased Property, provided CDH provides evidence of such contract to the City, and subject to City review and approval of the contract construction documents for compliance with required local labor standards provisions and other City rules and regulations goveming construction work, and subject to CDH and City agreement regarding schedules called for in Article 4. CDH further agrees to require its qY.z�S contractor to include the City as an additional named insured under insurance polices that CDF3 will require for and with the construction contract. 4. CDH and City Use: The City and CDH, each in consideration of the other's programs, mission, and maintenanCe responsibilities as described in Article 5 herein, agree to develop mutually satisfactory schedutes for use of the leased Property as follows: CDH shall have the use of the leased Property for its regular athletic and co-cunicular activities throughout the normai school day during all tirnes that school is in session, including daytune preseason and in season practice use for CDH football, soccer, baseball and sofrbali teams. CDH agrees to prepare use schedules and convey said schedules to City's representative � �� —;".. �� J . 3 �� : - _ ��a`� on a semiannual basis, in the spring (on or about April 1) and fall (on or about Au�ust 1) of each year. Ciry shall be responsible for coordinatinQ and schedulin� all public use of the field areas and City shall have the use of the leased Property for its regular athletic activities after the end of the normal school day during all times the school is in session and during the summer months and other non-school periods, exceptin� CDH daytime preseason and in season practice uses and other agreed upon uses. Ci[y agrees to prepaze use schedules and convey said schedules to CDH's representative on a semiannual basis, in the spring (on or about April 1) and the fall (on or about August 1) of each year. CDH and City agree that each may use the leased Property for special events, tournaments or clinics upon consultation with the other and mutual agreement concerning time and duration of said special events, toumaments or clinics. City and CDH acknowiedge that weather conditions and/turf maintenance activities may occasionaily disrupt their respective use schedules, and further agree that City and CDH representatives will be in frequent communication regarding any disruptions and schedulin� adjustments thereby necessitated. Under such circumstances City and CDH each agree to accommodate the other to the extent possible within the limits of their respective schedules, and further agree to avoid excessive or repetitive use patterns or use during inclement weather that may result in severe wear or damage to the fields. � �� ,� ��''�� r'_i`�._ � � . . q �•�`� 5. CDH and Citv Nlaintenance: CDH shall have overall care and maintenance responsibility for the leased Property including fencing, balifield backstops, soccer goals, retainin� walls, stora�e buildin„ draina�e and irri�ation systems. CDH shall provide field linin� for its programs and infield maintenance for the ballfield on a daily basis or as needed. City shall be responsible for weekiy mowin�, refuse removal, and will provide field lining for its programs on a daily basis or as needed. City shall provide assistance to CDH for irrigation system service, including spring start-up and fall shutdown procedures. Ciry and CDH shall share in the cost of the annual turf maintenance, necessary to keep the fields in good condition, as follows: on an annual basis, and at mutually convenient times, City and CDH representatives shall meet to evaluate turf conditions and deternune the extent of aeration, topdressing, seeding, fertiliaation, and weed control necessary to maintain a high quality turf condition on the fields. City and CDH representatives shall agree upon said turf maintenance program, its schedule for implementation, and its anticipated cost, and having done so, each party shall share equaily in the cost of the work. 6. Insurance and Indemnification• When CDH is utilizing the premises described herein, it shall be responsible for any and all claims for damages based on death, injury or property damage that may arise during the time of such utilization and shaii save and hold harmless the Ciry from such claims. When the City is utilizing the premises described herein, it shall be responsible for any and all claims for damages based on death, injury or property damage that may arise during the ,�� z n ,s �, : � � � � 9 ,�'"� �, P � ; ^,, s f, . U r; ;�=�Y ',;,+ ��»�� ,�� '�a � .. q�.��►s time of such utilizations and shall save and hold harmless the City from such claims. In connection �uith the fore�oin? indemnity provision CDH agrees that durin� the term of this a�reement it will carry and maintain in full force and effect an insurance policy namin� the City as additional insured and containing the limits of at least $300,000 per person and $750,000 combined single luniis. CDH further a�rees that during the term of this agreement it will maintain worker's compensation insurance in accordance with the requirements of Minnesota Law. The insurance requirements stated herein may be adjusted from tune to time by notice from the Ciry and as mandated by State Statute. The City acknowledges that it does not carry commercial liability insurance for bodily injury, personal injury, property damage or workers' compensation but has in effect, a progratn of self-insurance. It is further acknowledged that the City's liabilities are limited by the provisions of MN Statute, Chapter 466. There is no waiver of the City of any of the protections set forth therein. 7. Surrender of Premises: City, at the expiration of the term of this Agreement, or any subsequent Amendment as may be made under the provisions of Article I, or any sooner termination of said Agreement or Amendments thereto, shalf quit peacefully and sunender possession of said Premises and any unprovements thereon to CDA. 8. Holdover: Any holdover by City after the expiration of the term of this Agreement shall be deemed to be a tenancy only from month-to-month. AIl other terms and conditions of this Agreement sha11 be applicable. „ ��,s � �� ; � 9� s � �� qg-z�5 9. Agreement Administrators: The Asreemen[ Administrator for the Ci[y is the Superintendent of Parks and Recreation or such other person desi�nated by same. The A�reement Administrator for CDH is its President/Principal, or such other person desi�nated by same. 10. Miscellaneous: a) Section Headings. The Headings in this Agreement have been inserted for purposes of convenience only and are not intended to and do not define or lunit the scope of any of the provisions contained herein. b) Severability. In the event any provision of this ADreement is deemed unconstitutional, illegal or void as a matter of law, the parties agree that all of the provisions of this Agreement which are not affected by such an occunence shall constitute a full and complete Agreement between the parties. c) Governing Law. This Lease shall be governed by and construed for all purposes in accordance with the laws of the State of Minnesota. 11. Amendment of Agreement. This Agreement may be amended upon mutuai agreement of CDH and City. A11 amendments sha11 be in wziting and effective ugon execution of duly qualified officers of CDH and City. �; ,- -= ,. � ,<,�'�'� t; :: -� , � i n Li e� n k� H.t �,'r 'i �a N�'•a a f �� •U L.."_'a r � � �.� "�; '9 �y �'�3 l;�n � [� �,�y .r�� - Lad'�t�� 7 qg.��1S This document contains the entire Agreement between the parties. The terms of this A�reement are contractual and not a mere recital. No promise, inducement or representation other [han what is set forth in this A�reement has been made, offered or a�reed upon by either party. The undersigned parties have fully read the foregoin� A�reement in its entirety, have been fully advised by their counsel, know and understand the contents and si�n the same as their free act and deed. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year in this Agreement first above written. CRETIN DERHAM FiALL CITY OF SAINT PAUL �� President/Principal Mayor Director, Department of Financial Services a�� , � � 'r � ✓ �� Superintendent, Parks and Recreation �`; �• ;y., 4 = - ..� � ,. � -''y'' , :�= APPROVED AS TO FORM: �G Assistant City Attorney N: I GROUPIDIVI WPIAGREEMN7'I CDHI1.97 0 � q �'�`� EXHIBIT A LEASE AREA "A" CRETIiV-DERHAM HALL That part of the Northeast Quarter of the Southwest Quarter of Section 10, Township 28, Range 23, Ramsey County, Minnesota, described as follows: Commencing at a point in the east line of Warwick Street distant 508.14 feet south of the north line of said Southwest Quarter; thence South 89 degrees 47 minutes 05 seconds East, parallel with the north line of said Southwest Quarter, assumed basis for bearings, 343.18 feet; thence Nocth 00 degrees 03 minutes 57 seconds East 268.14 feet to the south line of the north 240.00 feet of said Southwest Quarter; thence South 89 degrees 47 minutes 05 seconds East, along said south line, 88.83 feet; thence South 00 degrees 03 minutes 57 seconds East 228.16 feet to the point of beginning of the parcel to be described; thence continuing South 00 degrees 03 minutes 57 seconds East 678.00 feet to the north line of the south 175.00 feet of the Northeast Quarter of the Southwest Quarter; thence easteriy along said north line of the sovtfr'�TS.� feei, a distance of 498.32 feet to the west iine of South Aibert Street; thence northerly along said west line of South Albert Street 455.00 feet; thence westerly parallei with the south line of said Northeast Quarter of the Southwest Quarter to an intersection with the southerly extension of the west line of Lot 1, Block 1, CRETIN FIRST ADDITION, according to the recorded plat thereof, said Ramsey County; thence northerly along said southerly extension 59.17 feet to the southwest corner of said Lot 1; thence westerly along the westerly extension of the south line of said Lot 1, a distance of 100.00 feet; thence northerly parallei with the west line of said Lot 1 to an intersection with a line drawn easterly and parallel with the south of said Northeast Quarter of the Southwest Quarter from the point of beginning; thence westeriy along said paraliel (ine to the point of beginning. °I �'�.�5 EXHIBIT A LEASE AREA "B" CRETIN-DERHAM HALL That part of the Northeast Quarter of the Soufhwest Quarter of Section 10, Township 28, Range 23, Ramsey County, Minnesota, described as follows: Beginning at the southwest corner of Lot 1, Block 1, CRETIN FIRST ADDITION, according to the recorded plat thereof, Ramsey County, Minnesota; thence westerly afong the westerly extension of the south line of said Lot 1, a distance of 100.00 feet; thence northeriy parallel with the west line of said Lot 1, a distance of 163.76 feet; thence easteriy parallel with the south line of said Northeast Quarter of the Southwest Quarter , a distance of 100.00 feet to the west line ofi said Lot 1; thence southerly along said west line of Lot 1, a distance of 163.84 feet to the point of beginning. � C� - 7i � � n� -� � zo i � � � i � n � D � D f D n n � � � 0 0 0 N 0 � NORiH EXHIBIT B �. ____--� _�— _ - _-_ - _ � ., � � " m 'J _. . �. ` S • � _ '_' -___!� �' ( .-� ' � � �� - - - , — ; � — .' �. ; ;; ;: , ,—'� � � �� m : I , —� ; _�—, , � . � ,—� � — � � � ; , , �_________ r--, � G7 N � , � D� c _ r� � � � J t . , �,- ' o ,; ; ; � � � t . 1 v . ti � E i a � `� I i � T j - � �r E' � i ,I f ' � .�� t .. , . I ;`��' o f �` � � � k ' `. I '' �_ � ; ; I f —� T 1 �� 1 �� ' { E � i _ i , ; e % f � �. ! � i ;� ;� �� , r m D m � � r D � m n D � °I Y'a .� -€ ' Y D E R { X �� .�r � j �1 � ,--. , , ----------_ : , :;: , � , ...•� i u j �' � � � L � > b; , � � � �� N ,� PF 1: ;� m+ ir �� i � - ��I " c: d r '�� . r P: i ' � 1 i: �,; i T --- i ; � � � � t ; � � �; � y � �� f�� ;�; ( ' � ; i; i; � : e; � ' �' �; � � ,�: � ,.�, � f , ` � ,� . i � a,� � � � t' .; �' i i �I� ! ..I�i a r m m � � � � � m m ti � :i I;t ! ;�i �'� if; �,�� ,; 1' �l; I: _ HRCC DIST 15 TEL=612- Mar 20'95 8�47 No.002 P.02 a� - a `' s Sisters of St. Joseph of Carondelet Sc. Paul Province S March I5, 1995 Gayle W. Summers Distr;ct 15-HACC & i�istrict i4-14Yac Groveiand 1978 Ford Parkway St. Paul, MN 55116 Dear Gayle; The Sisters of St. Joseph approve the use of the property bounded by Expo School, Holy Spirit School and Albert Street for after school and summer soccer and ball for a period of time within the limits of the lease provided _ for Cretin-Derham Hall. We like ° the name Carondelet Athletic FieIds and are pleased that the land is used for safe and healthy activities for children. Sincerely yours, M a'e��'�'�-��`f� ��.��-:.� � ��°�--, $ t Balanger, S3 Mar aret L. K asnicka, CSJ Ann Walton, CSJ Province Leadership Team cc. Bruce Engelbrcket , 1$R4 Rq�dolph Avcnuc, St. Paul, MN 55105-1700 612-690-7000 FAX 612•G90-7U39