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01-1177� k �J i♦��vJ e v a. i '� es.� Presented By Referred to Committee: Date 1 WHEREAS, Minnesota Wire has been granted authorization by the Division 2 of Parks and Recreation to use the Midway Stadium parking 1ot for daytime 3 parking for its employees since the time their building was constructed; and 4 WHEREAS, said authorization was granted at the request of the Saint Paul 5 Port Authority, under the authority of which the Minnesota Wire facility was 6 developed; and 7 8 9 10 21 12 13 14 15 16 17 18 19 WHEREAS, it has been requested by Minnesota Wire, via the Saint Paul Port Authority, that said authorization be formalized in order to define the mutual arrangement; and WHEREAS, the Division of Parks and Recreation has formulated an agreement that formalizes the conditions related to the use of the Midway Stadium parking lot by Minnesota Wire; and WHEREAS, Minnesota Wire's use of the parking lot has no discernible negative impact to the public's current or future uses of, or access to, Midway Stadium; NOW THEREFORE BE IT RESOLVED, that the Saint Paul City Council authorizes the proper City officials and staff to enter into the attached agreement. Adopted by Council: Date ��� '� �., p�� t Adoption Certified by Council Secretary By 7�.�. R � __-_____ Approved by Mayor: Date: 1"W � (,(� � �-, By: �, RESOLUTION CITY O� SAINt PAt1L, MiNNESOTA council Fi1e # O l-\�11 Green Sheet # �Z�� � Reque ed by: Div 'on of Parks � ''` � -" Form Approved by City Attorney � �� �Y � '�/ih.P.i��� L cr���c0/t Approved by Mayor for Submission to CounciC��Qr���%!/( /�/!�/ By: DEPARTMENT/OFFICElCOL'NCIL OATE INITIATED V ParksandRecreation GREEN SHEET ��T N0.113257 10/22/2001 � �^ CON7ACTPERSONANDPHONE INITIAL/DATE INITIAVDATE Mike Hahm 266 IGN � DEPARTMENTDIRECTOR 4 CITYCAUNGL UMBERFO Z QTYATTORNEY _CITVCLERK MUSTBEONCOUNCILAGENDABY(DATE) ���� BUDGETDIRECTOR FINANCIALSERVICESDIR. RDER _ 3 MAYOR (OR ASSI5TANn 5 Parks & Rec 300 CHA TOTAI # OF SICaNHNRE PAGES � �CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Approve Council Resolution authorizing City o�cials and staff to enter into an agreement with Minnesota Wire, allowing them use of the Midway Stadium parking lot for employee parking. RECOMMENDATION$' Approve(A)orRe�ect(R) PERSONALSERVICECONTRAGTSMUSTANSWERTHEFOLLOWINGQUESTIONS: PLANNINGCOMMISSION _CIVILSERVICECOMMISSION 7 HasihispersonlfrmeverworkeCunderacontrectforthistlepartment? CIB COMMITTEE VES NO A STAFP 2 Has ihis persoNfrm ever been a aty employee? YES NO DISTRICT COUNCIL — — 3. Does this personffrm possess a skiil not nom'¢Ity possessed by any cunent city employee> SUPPORTSWHICHCOUNCILOBJECTIVE? VES NO Explain all yes answers on separzte shee[ and attach to green sheet. � INITIATING PROBLEM, ISSUE, OPPORTUNITY(Who, What, When, WhE�E, Why): The City wishes to enter into an agreement with Minnesota W ire to use 144 parking space in the Midway Stadium parking lot for the express purpose of parking by employees of Minnesota Wire while they are working for Minnesota W ire. This formalizes the authorization that has been in place since the Saint Paul Port Authority developed the site and Minnesota W ire has occupied the property. ADVANTAGESIFAPPROVED: The conditions of Minnesota W ire's use will be defined for the next 5 years. There is no negative impact to public access to or use of the Stadium. DISADVANTAGES IF APPROVED: O � � � Council Research Cerrter �- � N/A �CiT �� 20� �C� � o� IP�€�� ������ � DISADVANTAGES IF NOT APPROVED: _, �/ _"'� ` 1 • The conditions related to Minnesota W ire's use of the parking area will not be defined and any related benefits will be lost. TOTALAMOUNTOFTRANSACTION N/A _ C0.ST/REVENUEBUOGETED(dRCLEONE) �YES NO \ fUNDINGSOURCE SqecialServicesFund-Stadium ACTIVITYNUMBER 334/33182 FINANCIAL INFORMATION: (EXPLAIN) � ot-tt� USE AGREEMENT THIS AGREEMENT, made and entered into this day of , 2001, by and between the CITY OF SAINT PALJL, Division of Parks and Recreation, herinafter referred to as "CITY," and MINNESOTA WIRE AND CABLE, INC., herinafter refesed to as "MINNESOTA WIRE" As owner of MIDWAY STADIITM, hereinafter referred to as "STADIiJM," the Ciry grants peanission to the above-named Tenant for use of up to two (2) double rows of the parking lot, which amounts to 144 spaces, for the express purpose of pazking by employees of Minnesota Wire while they are working for Minnesota Wue. See Addendum for map of where these parking places aze Iocated. This agreement also includes the use of driveways and the service lane on the west side of the Stadium lot next to Mnuiesota Wire's building for access to and exit from pazking spaces as well as for access to and e�t from Minnesota Wire's garage doors and grounds on the east side of its building. The tetms of this agreement will be in effect for five (5) years from the date of sia ing (until the date of signing in the yeaz 2006), with the City and the Mnmesota Wire having the option to extend this agreement to the date of signing in the yeaz 2011, if both parties continue to agree to all terms of the agreement. In no instance shall this agreement extend beyond the date of signing in the yeaz 2011. Af�er such date a new agreement may be negotiated by the City and the Minnesota Wire, if such an agreement is desired by both parties. Whereas, when Minnesota Wire's building was constructed through the auspices of the Saint Paut Port Authority, there was an assumption, as well as an unwritten agreement, that any of the building's Tenant(s) could use the Stadium's pazking lot for employee parking at no chazge to the Tenant(s), this agreement constitutes formalization of that previous unwritten agreement, and the City will continue to chazge no rental fee for the use ofthese pazking spaces, driveways, and the service lane by Mumesota Wire or to provide any of the services offered by the City in this agreement. This agreement is made and entered into based upon the following expressed covenants and conditions, all of which Minnesota Wire agrees to: That in granting this above-stated permission, the City does not relinquish the right to control management of the pazking lot, and to enforce all necessary rules for operation of same. 2. That Minnesota Wire agrees that the azea inctuded under this agreement is to be used for the pazking of vehicies only. Any other use by Minnesota Wire is subject to approval by the Director of Pazks and Recreation. 3. That Mumesota Wire will not assign this agreement to another party, nor sublet the azea or any part thereof to another party or parties. PARKING LOT RENTAL AGREEMENT—page 2. 0�-1�'11 � 4. That Minnesota Wire will protect, indemnify, save, and keep harmless the City, its officers, agents, and employees against and from any claims, loss, cost, damage, or expense arising out of or &om any accident or occurrence on or about the parking lot, causing injury or death to any person or property, whomsoever, and whatsoever, and protect, indemnify, save, and keep harmless the City, its officers, agents, and employees against and from any and all claims and against and from any and all loss, cost, damage, or expense arising out of the failure of Minnesota Wire in any respect to compiy with and to perform the requirements and provisions hereof. 5. T'hat in relation to Article 4 of this agreement the City is not responsible for fire, theft, or damage to vehicles parked under tem�s of this agreement or contents of same. In addition, Minnesota Wire must provide proof of liability and property damage insurance pertauung to its use of the Stadium pazking lot, in an amount not less than the limits of the City's liability as set forth in Minn. Stat. §466.01 et seq (currently $300,000 individual, $1,000,000 aggregate), with the City of Saint Paul named as additional insured. A copy of such,policy together with satisfactory proof of the payment of premium shall be filed with the City prior to the commencement of the term of this agreement. 6. That Minnesota Wire is responsible for all plowing and maintenance of the portion of the pazking lot described on page 1 of this agreement from November 1 untH April l of each year of this agreement in ternvs of snow remova2 and treatment for ice buildup and/or � slippery conditions. The remainder of the pazking lot is frequently rented by the City for storage of trailers. Therefore, Minnesota Wire plowing must not interfere with the City's ability to make maximum use of the parking lot's remauring space during the months of November through Mazch. 7. That the City will maintain the pazking lot area used by Minnesota Wire and covered in this agreement in terms of cleanup and sweeping as needed from April 1 until November 1 each year. These dates coincide with the span of dates when events aze held at the Stadium and the parking loi may be in use for SYadium events. 8. That the City will provide at least one fire-proof container in the parking lot area used by Minnesota Wue for the disposal of coals generated by spectators participating in Stadium- related tailgating activities, as well as at least one (1) covered trash dumpster and at least five (5) trash containers. 9. That in reIation to cleanup and trash removal of the pazking lot azea used by Minnesota Wire, the City will provide sweeping service at least once per week, will have trash containers emptied daIly when the Saints aze playing or a major Stadium event, such as a concert, has been held, and will hand-pick the pazking lot for trash and debris on a daily basis when the Saints aze playing or a major Stadium event has been held, with a particular concentration in the area where Minnesota Wire cazs are parked, as well as driveways and � the service lane referred to eazlier in this agreement. s . / PARKING LOT RENTAL AGREEMENT—page 3 0 \-11'11 10. That the City agrees to provide the Tenant with a copy of the Stadium's events schedule, with updates as needed, so Minnesota Wire is aware of when fhe pazking lot wili be used for Stadium events and paid parking. As noted in the second paragraph of this agreement, the City will not charge Minnesota Wire employees who aze pazking their vehicles while working for Minnesota Wire. 11. That in operating the parking lot and chazging customers to pazk, insofaz as possible the City agrees not to interfere with delivery, service, or emergency vehicles requiring access to Mim�esota Wire's building and grounds. 12. That the City's Stadium Manager (651-646-1679) is the contact for Minnesota Wire to call for assistance, particularly with regazd to problems related to Articles 8 and 9 above or, any other aspects ofthis agreement. 13. If the City ceases to operate a Stadium and/or parking lot and an alternative use is identified for the property, this agreement shall automatically terminate. In such an event the City will provide Minnesota Wire a minunum of 120 days notice and work with Mumesota Wire and the Port Authority to identify alternate parking accommodations. IN TESTIMONY WHEREOF, the parties hereto have hereunto set their hands and seals this day of , 2001 'A CITY OF SAINT PAUL: �� �' l/ �'r By Director of Parks and Recreation Title ��1�� f��' �f �Jf7/ Representing Minnesota Wire City Attorney Mayor Director of Finance and Management Services