01-1282Retum copy to: (BJE)
Real Estate Division ± ?
140 City Hall '�
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RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
�-�--
�3
Committee: Date
1 WHEREAS, the Department of Public Works has negotiated a License Agreement (No. PW/46) with
2 Qwest Communications to allow the company to occupy and use the former Whirlpool "Building 17"
3 property (Parcel No. 207A) for temporary placement of an underground communications transmission
4 cable during construction of the Arcade Street bridge; now therefore be it
5
6 RESOLVED, that the proper City officials are hereby authorized and directed to execute the attached
7 License Agreement (No. PW/46).
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Requested by Department of:
Adopted by Council: Date �,..__ 1� a-c a�
,
by Council Secretary
By: �,�—
Approved by Mayor:
By: �
Technoloev & Manaeement Services
By: � ���wi�
� Director
Form Approved by City Attorney
By: V"�`^PMti�. (,Q,f,�...
��
Approved by Mayor for Submission to Council
s���K
Council File # O\— 1 a. g 7r.
Green Sheet # 111607
GdUSERS�Fngel\wpfilesUicenses\QwesaLicAgmtParcel 207A.Res.wpd
o�- ��.� Y.
T.M.S./REAL ESTATE DIVISION Date: November 19, 2001 G eet Number: 111607
ontact Pecson and Phone Number: 2 EPARTNIIIVT D 4 C11'P COUNCII.
Bruce Engelbrekt 266-8854 1 ^Tr°'uv�Y cc�xx
UDGET DIItECl'OR FFICE OF FINANQAL SVCS.
ust be on Council Agenda by: 1\�Li 3 YOR (OR ASS7ST
OTAL # OF SIGNATURE PAGES 1(CLIP ALL LOCATIONS FOR SIG TURE)
CTION REQUESTED:
To approve a License Agreement between the City of Saint Paul and Qwest Communicafions to allow
Qwest to temporarily relocate a communications transmission cable onto the former Whirlpool "Building
17" property (Parcel No. 207A) during construction of a new Arcade Street bridge. Reference: l)
Administrative Order for signature; 2) copy of License Agreement
COMMENDATIONS: APPROVE (A) OR REJECT (R) ERSONAL SERVICE CONTRACTS MOST ANSWER THE FOLLOWING:
PLANNING COMMISSION STAFF •��e person/£u�m ever worked under a conhact for this deparhnent? YES NO
- . Has tltis persodFrm ever been a City employee? YES NO
CIVII, SERVICE COMMISSiON
. Does this perso�rm possess a sltill not normally possessed by any YES NO
CB COMMTTTEE current
employee?
E lain all YES answers on a se azate sheet and atfach.
UPPORTS WHICH COUNCII, OBJEC'I'NE?
ovxcn, 6 vis�ucr g
ARD(S) PI.ANNING
COUNCIL
1TATIlVG PROGBLEM, ISSi7E, OPPORTUNITP (Whq Whay When, Where� Why?):
Qwest Communications would like to temporarily re-route its communications cable on the "Building 17"
property outside of the construction area until the bridge is completed. The cable then would be
permanently located along MnDOT right of way nearer to the bridge. A license agreement would grant
Qwest the legal access to, and use of, the "Building 17" property and protect the City's interests.
VANTAGES IF APPROVED:
Qwest will be able to continue providing service along that cable route. City's interests would be protected.
ISADVANTAGES IF APPROVF.D: �.�( � � �� # � 3� �
! I �
None
I�uY � 1 �uuE
ISADVANTAGESIFNOTAPPROVED: �jI F � ��TOFINEY
Qwest will be unable to provide service along that cable route.
OTAL AMOiJNT OF TRANSACTION: N�A COST/REVEN[JE BUDGETED (CIRCLE ONE) YES NO
mc souxcE: N�A ACTIVITY NUMBER: N�A
nxc�u.uvFO�aTiox: �xei.nnv> ��'��� R,7 tt
., � � �
...�wua�o u;uscnwyiurawccuac>��wca�.uc..�g�u�rmw� cme�.�o.wyu
�
(Qwest.Lic.Agmt.Parce1207A.wpd)
Revised
Authority (C.F. or A.O.)
LICENSE NO.
GRANTOR: CITY OF SAINT PAUL
REAL ESTATE DIVISION
GRANTEE:
01-��k�
CITY OF
SAINT PAUL
' LICENSE
� AGREEMENT
THIS IS AN AGREEMENT, dated as of the c er, 2001, between the CITY OF SAINT
PAUL, a Minnesota munici corporation, a ed " tor" and QWEST COMMLJNICATIONS,
a corporation ein called " ant �
Grantor and Grantee agree s ws:
I. Licensed Premises cri tion and Term. Grantor hereby grants to Grantee a license, subject
to all of the terms an conditions herein, to occupy and use that certain land located at 835 Arcade
Street and described as: Andrew Addition, Lot 2, Block 3, Ramsey County, Minnesota, shown
attached hereto as Exhibit "A", herein called "Licensed Premises", beginning >
2001, and continuing in perpetuity, unless terminated as hereinafter provided.
II. Fee. Grantee shall pay Grantor one dollar ($1.00) and other good and valuable consideration for this
License, and Grantor acknowledges receipt of this payment.
III. Use. The Licensed Premises may be occupied and used by Grantee to construct, operate and
maintain a temporary underground communications transmission cable across that portion of the
aforementioned property as shown on the attached map (Exhibit "A"). Grantee shall install a
communications transmission cable, consisting of eight sepazate cables and conduit encased in
concrete, approximately 36 inches below the surface on the Licensed Premises. The cable design
and location shall be approved by the Director of Public Works for the City of Saint Paul or his
designee. Grantee shall not use the premises for any other commercial purpose and shall not
perform, or permit any of its guests, invitees or licensees to perform any disorderly conduct or
commit any nuisance either public or private on the Licensed Premises, or to use the Licensed
Premises in any way so as to interfere with the exercise by other licensees or permittees ofprivileges
which Grantor may give them in the Licensed Premises. Grantee shall comply with all rules and
regulations, whether federal, state, county, or municipal relating to the occupancy and use of the
Licenses Premises. Upon termination of this License, the cable constructed by Grantee shall, at its
7
o� _����-
IV.
expense, be removed and the Licensed Premises restored to the same condition as exists as of the
date of the commencement ofthis License. Use ofthe Licensed Premises for temporary location of
the underground communications transmission cable shali terminate upon completion of the
construction of the Arcade Street bridge.
Insurance.
A. Grantee's Insurance. The Grantee shall acquire during the term of this license the following
coverage:
(1) COMMERCIAL GENERAL LIAB
contractual liability coverage, person
properry damage liability endorsement
$1,000,000 per occurrence shall be pur
(a) name the City of Saint Paul as addi
Grantee's insurance or self-ins
underground property damage; ( be
and.(e) not contain " ga "
y�ng by Gra,yytor.
ILITY INSURANCE including bianket
injury liability coverage and broad form
th a c 'ned singie lunit of not less than
c ed y Grantee. Such insurance shall:
tio 1 ed; (b) be primary with respect to
(c �no xclude explosion, collapse and
tten on an` Occurrence" Form policy basis;
olicy limit unless specifically approved in
(2) UT OB A�ILITY INSURANCE with minimum limits of $750,000
c me 'n e limit and $1,000,000 aggregate, covering hired, non-owned and
owned mobiles.
(3) WORICERS' COMPENSATION INSURANCE with not less than statutory
minimum limits; and EMPLOYERS' LIABILITY INSURANCE with minimum
limits of at least $100,000 per accident and with an all states endorsement.
(4) The Grantee shall supply to Grantor current insurance certificates for policies as
required. The said certificates shall certify whether or not the agent has errors and
omissions of insurance coverage.
(5) The limits cited under each insurance requirement above establish minimums; and
it is the sole responsibility of the Grantee to purchase and maintain additional
insurance that may be necessary in relation to this license.
(6) Nothing in this contract shall constitute a waiver by the Grantor of any statutory
limits or exceptions on liability.
(7) Grantee shall place the insurance with responsibie insurance companies authorized
and licensed to do business in the State of Minnesota and approved by Grantor, and
shali deliver copies of the policies to Grantor on the date of Grantee's execution of
this agreement. The policies required shall be endorsed to indicate that the insurer
cannot cancel or change the insurance without first giving the Grantor 30 days'
written notice.
(8) Insurance limits shall be subject to the tort claims liability limits as set forth in
chapter 466 of Minnesota Statutes.
2
- ' a ► - � �-i-a—
v.
VI.
VII. Maintenance and Re airs. Grantee shall, at its own cost and expense, be responsible for all
repairs, maintenance and upkeep ofthe Licensed Premises, including but not limited to emergency
repairs of any kind; routine maintenance and repair to keep the Licensed Premises in good repair,
safe and in compliance with applicable fire, health, building and other life-safety codes. The
foregoing obligations shall bind the Grantee regardless of the cause of the damage or condition
necessitating the repair or maintenance.
Cancellation or Termination. Grantor or Grantee may terminate this License without cause upon
30 days written notice tendered by Grantor or Grantee to the other party.
Assignment. The rights granted herein may not be assigned.
VIII. Indemnification. Grantee shall exercise its privileges hereunder at its ownrisk, and shall indemnify
and hold Grantor harmless from and on the account of any and all loss, damage, costs, including
attomey's fees, claim of damage or liability arising from any cident or any occurrence causing
inj ury or death to any person or damage to any property resultin om � sing out of, or in any way
connected with the occupation or use of the Licensed Premis rantee to perform fully its
promises herein. Grantor shall not be liable to Grantee if fo r Grantee's occupation or use
of the premises hereunder shall be hindered or disturbed�
IX.
regulations enacted by any
emission of air and water cc
or regulations and shall indemni� defend, save and hold harmless Grantor from all liability, in-
cluding without limitation, fines, forfeitures, and penalties arising from the failure by Grantee to
comply with such ordinances, laws, rules or regulations. Grantor has the right to perform cleanup
and charge the Grantee as Additional Fee for such costs should the Grantee fail to comply.
Grantee shall bear all costs and
with all ordinances, laws, rules and
� or agency�lating to the control, abatement or
disposal of refuse, solid wastes or liquid wastes.
arising from compliance with said ordinances, laws, rules,
X. Tort Liabilitv. Grantee and Grantor aze each political subdivisions of the State of Minnesota and
subject to the provisions of Chapter 466 of Minnesota Statutes. Grantee hereby agrees to indemnify
Grantor for all liability associated with this license that are not excepted by the terms of Minnesota
Statutes 466.03 and with maximum amounts consistent within the limits on liability set forth in
Minnesota Statutes 466.04.
XI. Mineral Rights. The land heretofore described was duly forfeited to the State of Minnesota to be
held in trust in favor of the taxing districts for the nonpayment of taxes and subsequently conveyed
to the City of Saint Paul through a Use Deed for right of way purposes. As such, all minerals and
mineral rights are reserved to the State of Minnesota, as provided by law.
0�-1�-��—
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and yeaz in this
Agreement first above-written.
�._► _ � :
City Attorney (Form Approval)
Mayor
City Clerk
Director of Tec ogy
�_
Services
Director
GRANTEE:
C��.L�
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