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88-1495 wMITE - C�Tr CLERK � COIII1C11 G � //' �/� PINK - FINANCE G I TY OF SA I NT PAU L CANARV - DEPARTMENT Q �/(L�J/') BLUE - MAVOR File NO. � ��-� � Council esolution Presented By �''� Referred To Committee: Date Out of Committee By Date RESOLVED, That the proper City officials are hereby author- ized and directed to execute an agreement with Minnesota Mining and Manufacturing Company whereby 3M will permit the use of its Parking Lot C on East 5eventh Street in furtherance of the Dayton' s Bluff Neighborhood Cleanup Day to be held Saturday, September 10 , 1988 ; and, be it FURTHER RESOLVED, that the City hereby pledges to indemnify 3M for all claims of death or injury or property damage arising out of the above activity to the limits of Minn. Stat. § 466.01 , et. seq. COUNCIL MEMBERS Requested by Department of: Yeas Nays �Dimond � [n Favor �('.oswitz �Rettman � �• � fl _ Against BY \�r— Wilson SEP —�' ���g Form Approved by Cit ney Adopted by Council: Date r Certified Pas e ncil S a BY gy, / Approve Mav . _ ��P — � �_ Approved by M r f ission to Council � B ��l�r � P�.IS4tE8 S�P 1 ;j 1988 Public Works �E PARTMENT '^ ��1� ND 4 3 6 4 , g�� p�s� CONTACT 292-6122 PHONE �� n� �� Septeqnber 1, 1988 DATE {v ASSIGN NUMBER FOR ROUTING ORDER (Clip All Locations for Signature) : r 3 Director of Management/Mayor Finance and Management Services Director City Clerk Budget Director 1�,�}-�� 0� �-c�'p y "t"� R.��+-. City Attorney WH T WILL BE ACHIf VED BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/ Al1aw District 4 to carry c�ut Neighborhood Cleanup on Rationale) : SeAtember 10, 1988 at 3M Bush Street parkirx� lot. RECEIVED SEP 6 1988 �IT�' ���"C��IVEY COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS ANTICIPATED: District 4 is alloca.ted $7,459.50 for 1988 cleanup. - Co�uncil Resolutian passed in May. FINANCING SOURCE AND BUDGET ACTIVITY NUMBER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Amount of Trarasaction: NA quired if under � $10,000) Funding Source: � Activity Number: - ATTACHMENTS (List and Number All Attachments) : 2 contracts - DEPA ENT REVIEW CITY ATTORNEY REVIEW � es� No Council Resolution Required? Resolution Required? Yes No Yes X No Insurance Required? Insurance Sufficient? Yes � No ___ Yes �No Insurance Attached: (SEE REVERSE SIDE FOR INSTRUCTIONS) Revised 12/84 ; �� � � • ' L I C E N S E A G R t t r� t n r • - � � , � . � � � � �����9.s THIS AGREEMENT, Made and entered into this day of , 19 , by and between MINNESOTA MINING AND MANUFACTURING COMPANY, a Delaware Corporation, hereinafter referred to as LICENSOR, and THE CITY OF SAINT PAUL, a Minnesota Municipal corporation, hereinafter referred to as LICENSEE. WITNESSETH: . WHEREAS, LICENSEE desires to enter upon p�emises of LICENSOR for the purpose set forth below; and WHEREAS, LICENSOR agrees to permit LICENSEf to enter upon the pr�ises . in consideration for LICENSEE'S pra�ises of inde�nification. � NOW, THEREFORE, the parties hereto agree as follows: ARTICLE 1. LICENSOR hereby grants unto LICENSEE the right to enter upon its premises located at Parking Lot "C" North side of East lth Street bweteen Earl and Forest Streets for the following purpose and for no other pu�pose: For a "Collection Place" in conjunction with the Dayton's 81uff Neighborhood Cleanup Day for Saturday, September 10, 1988. The "Collection Place" operations sh�ll be strictly carried out as outlined in the LICENSEE'S letter dated 8/15/88, attached hereto. In addition, LICENSEE agrees to have all .dumpsters, refuse, trash, etc. removed by b:QO p.m. on Saturday, 10 September 1988. The cleanup committee will again visit the "Co1lecLion Place" on Sunday Afternoon, 11 September 1988, for a final cleanup and to pick up any additional trash, refuse, etc. left overnight. The "Collection Place" area shall be left in a broom clean - _ condition. . The term of this License shall be from 8:00 a.m., 10 Sep 88, to 3:OQ p.m. 11 Sep 87, unless LICENSOR shall terminate this �ight by serving upon IICENSEE a notice of termination. LICENSEE shall and will promptTy remave all of its property from the premises of LICENSOR upon the termination of this License. LICENSEE shall keep the area clean at ail times. ARTICLE Z. . In consideration of the right granted hereunder, tICFNSEE agrees to and hereby does indemnify and save harmless LICENSOR from and against any and all claims, demands, suits, liability and expenses by reason of injury to or death of any person(s) or damage to any property caused by any acts or omissions of the LICENSEE, its agents or employees, and for any injury to or death of LICENSEE, its agents or employees, while on or about the premises of IICENSOR. ARTICLE 3. Notwithstanding the provisions of Article 2 hereof, LICENSOR shall be responsible for damage to or destruction of buildings and personal property, the title to which is in LICENSOR, resulting solely from perils covered under LICENSOR'S fire and extended coverage insu�ance � policies, and originating from any cause whatsoever, including the negligent acts or omissions of LICENSEE while on or about premises of LICENSOR. ' ARTICLE 4. LICENSEE agrees to maintain adequate Public Liability and P�operty Damage insurance covering the obligations set� forth herein and Workers' Compensation Insurance, as required by .law. All such insurance shall be evidenced by a Certificate of Insurance executed by L,ICENSEE'S insurance carrier(s) and filed with the LICENSOR, which shall provide that the LICENSEE'S Public Liability insurance includes contractors' protective and contractual coverage covering this agreement, and further, that said insurance will not be cancelled o.r changed without ten (10) days' wt�itten notice to LICENSOR. ARTICLE 5. The covenants and agreements contained in this Licensee Agreement shall apply to, inure to the benefit of, and be binding upon the parties hereto and their respective successors in interest and assigns. MINNESOTA MINING AND THE CITY OF SAINT PAUL MANUFACTURING COMPANY � � r By By . Clai R. Lar n Title Executive Director, Title Director of Public Works Fac.i ities ngineering and ' Rea state � � U''�%`f� . Approved as to form: � � Mayor c � Assistant City Attomey �