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01-35Council File # Presented By: ' RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet# o� - 35 103224 Referred To: Committee: Date i WHEREAS, the City of Saint Paui, acting through and by its Department ofi Fire and Safety Services, hereinafter z calied the "City", desires to conduct various fire training exercises at the property commonly known as a 196 Vemon Street located in the City of Saint Paui, Ramsey County, Minnesota; and s WHEREAS, upon information and belief, the above described property is owned in fee by Macalester College, s hereinafter called "Owner' ; and s WHEREAS, the City desires to enter into a proposal and agreement with the Owner to conduct fire training s exercises at the property described above; and io ii WHEREAS, the Owner has indicated a willingness to accept the City's proposal upon the signing of an �z agreement between the City and the Owner wherein the City will save and hold harmless the Owner from any �s and all claims of third parties as might be asserted as the result of, and during the time of, the City's training ia exercises conducted at the property described above subject to the City`s legal immunities and statutory tort is limits; �s �� NOW THEREFORE IT BE RESOLVED, that the proper officials of the City are hereby authorized and directed �s to execute such an agreement with the Owner for the purposes of permitting fire training exercises at the +s property commoniy known as 196 Vernon Street, Saint Paul, Minnesota; zo zi AND BE IT FURTHER RESOLVED, that the proper o�cials of the City are hereby authorized to enter into an zz agreement containing language indemnifying the Ownerfrom any and all ciaims of third parties as might be zs asserted as the result of, and during the time of, City's training exercises at the address noted hereunder subject za to the Gifij's lega! immunities and statutory tort limits; zs zs AND BE IT FINALLY RESOLVED, that a copy of said agreement shall be filed and kept as a record in the v Department of Finance and Management Services of the City of Saint Paui. Requested by Department of: Fire & Safety Services � Approval Recommended by Director of Financial Services: � Adopted by Council: Date � Form Appro d by City Attorney: Adoption Certified by Council Secretary: B. �� � ^ !u ` 0` Y BY� � �- . � .-�.� Approved by Mayor for Submission to Council: A d b M � D t u Z �� pprove y ayor. a e By: BY: /Ly�1jJ��i� / J �„ _z� DEPARTMENT/OFFICE/CAUNCIL DATE INITIATED Fire and Safety Services 1/10/01 GREEN SHEET No 103224 CONTACT PERSON & PHONE MfiwuoA7E INRIAUDATE Ciarence Hawkins 228-6223 1 o�nnarr�eurw�c�oaQ h/D-0 4«ncour�ca MUST BE ON COUNCIL AGENDA BY (DATE) �crtrnnom�v YtI.O'� ❑cmaeaic ❑FIILWCINLSFRVIGESDIR_ ❑FlNqNL1qL5ERVlACC�G �MAYOk10RA55�SiRM)_� ❑ TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) G7lON REQUESTED proval of the attached Council Resolution authorizing the Saint Paul Department of Fire and Safety Services to conduct various fire training exercises at the property located at 196 Vemon Street, Saint Paul, Minnesota. RECOMMENDATION AppIpVE (A) of R2jZCt (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLL0IMNG �UESTIONS: 1. Has this persoNfirtn ever vrorked under a contract for Nis department? PLANNING COMMISSION YES NO CB COMMITTEE 2. Has this person/firtn ever been a ary employee? ' CIVILSERVICECOMMISSION YES NO 3. Does this persoNfirtn possess a sltill not fwrtnally possessed by a�ry curteM ciry employee? YES NO 4. Is this persoNfirtn a targeted vendoR YES NO Fxplain all yes answers on separate sheet and attach lo green sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (W HO, W HAT, WHEN, WHERE, WHY) The SainYPaul Department of Fire and Safety Services is offered the opportunity to conduct fire training exercises as a result of the owners' willingness to offer this property for demolition purposes. ADVANTAGESIFAPPROVED DISADVANTAGESIFAPPROVED DISADVANTAGES �F NOT APPROVED 70TALAMOUN70FTRANSAC710N COST/REVENUEBUDGETED(CIRCLEONE) YES NO FUNDING SOURCE ACTIVIN NUMBER FINANCIAL INFORMATION (EXPWN) 6�-35 FIRS TRAINING SXERCISE PROPBRTY AGREEMENT An agreement dated this day of , 200 by and between the City of Saint Paul, Minnesota, and hereinafter called "City" and holder/s/), hereinafter collectively called "Owner°. WITNESSETH: (owner/s//interest individually and Whereas, the City, acting through and by its Department of Fire and Safety Services, desires to conduct various training exercises in the interest of instructing and enhancing its staff in the many and varied techniques of fire suppression; and Whereas, the training exercises involve a variety of tasks that necessarily result in the destruction of materials and property and include such activities as burning, sawing, boring, axing; and chipping; and Whezeas, the City has need of a stock of existing structures, both commercial and residential to use in its t`raining exercises; and Whereas, the Owner represents that he/she/they is/are the fee owner for the below described Property; and Whereas, the Owner has generously offered the structures located at the Property identified below to the City for the purposes of assisting the City in its fire training; and Whereas, the Owner acknowledges adequate and suEficient benefit and consideration in permitting the City to enter onto the Property identified below and the performance of fire instruction classes; and further, acknowledges the receipt of benefit in allowing the Owner's Property to be part of this worthwhile and critical educational program; now there£ore, IT IS MUTUALLY AGREED BY AND BETWEEN THE CITY AND OWNER AS FOLLOWS: p �-3S 1} That the foregoing recitals are incorporated herein by reference. 2) That the Owner has removed any personal property or.. materials from the Property located at (adc3ress), (herein this Agreement, the "Property")and freely consents to the entry of the City upon the ProperLy, at such time or times as the City desires, without notice to the Owner of its intention to temporarily occupy the Property for the purpose of conducting work or fire training exercises which will or might result in the destruction of the Property and any personal property or materials on the Property. The Owner hereby releases the City, its officials, employees, agents or representatives, from any and all claims or lawsuits for injury or damages, direct or inoidental, to the Property or personal property or materials on the Property, on account of the work or fire training performed under this Agreement. � 3) That the City, in consideration of the Owner's consent granted hereunder, will save and hold harmless the Owner from any and all claims of third parties, other than that of the property's fee owner and the fee owner's responsibilities, as might be asserted as the result of City's training exercises at the address noted hereunder subject to the City's legal immunities and statutory tort limits. 4) That 8ubjeCt to the City's immunities and statutory tort limi.ts the City will also be responsible for the restoration of the premises but only to the extent of complying with public nuisance ordinance and not for the purpose of enhancing the premises £or any other reason or serving another end and that the City, following the conclusion of the training exercises will not save and hold harmless the owner from any and a7.1 c2aims ot third parties as might be asserted following the conclusion of the City's training exercises at the address above noted once notice has been given to the Owner of such conclusion and restoration. 5) That the City will obtain any and all necessary variances, permits and consents as may be required by law to conduct the training, exercises and the Owner has no 01-35 obligation in such matters beyond the execution o£ this agreement. 6) That this agreement shall be in force six (6} months from either or the date first written above and to be inserted by the City�s Fire Chief. 7) That the signing representative of the Owner has legal and binding authority of the Owner to enter into this Agreement with the City. 8) That any notices required to be given by either party to the other shali be in writing and addressed as follows: if to the Owneds/: If to the City: Saint Paut, MN Saint Pau! Fire Department Saint Paul, MN APPROVED AS TO FORM: �.���— !'�`�' �/ Assistant City Attorney ir L CITY OF SAINT PAUL Mayor Fire Chief Director, Department of Finance and Management Services C3�-35 •Q:l� Name Address Subscribed and sworn Yo before me tius day of , 20 Notary Public Council File # Presented By: ' RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet# o� - 35 103224 Referred To: Committee: Date i WHEREAS, the City of Saint Paui, acting through and by its Department ofi Fire and Safety Services, hereinafter z calied the "City", desires to conduct various fire training exercises at the property commonly known as a 196 Vemon Street located in the City of Saint Paui, Ramsey County, Minnesota; and s WHEREAS, upon information and belief, the above described property is owned in fee by Macalester College, s hereinafter called "Owner' ; and s WHEREAS, the City desires to enter into a proposal and agreement with the Owner to conduct fire training s exercises at the property described above; and io ii WHEREAS, the Owner has indicated a willingness to accept the City's proposal upon the signing of an �z agreement between the City and the Owner wherein the City will save and hold harmless the Owner from any �s and all claims of third parties as might be asserted as the result of, and during the time of, the City's training ia exercises conducted at the property described above subject to the City`s legal immunities and statutory tort is limits; �s �� NOW THEREFORE IT BE RESOLVED, that the proper officials of the City are hereby authorized and directed �s to execute such an agreement with the Owner for the purposes of permitting fire training exercises at the +s property commoniy known as 196 Vernon Street, Saint Paul, Minnesota; zo zi AND BE IT FURTHER RESOLVED, that the proper o�cials of the City are hereby authorized to enter into an zz agreement containing language indemnifying the Ownerfrom any and all ciaims of third parties as might be zs asserted as the result of, and during the time of, City's training exercises at the address noted hereunder subject za to the Gifij's lega! immunities and statutory tort limits; zs zs AND BE IT FINALLY RESOLVED, that a copy of said agreement shall be filed and kept as a record in the v Department of Finance and Management Services of the City of Saint Paui. Requested by Department of: Fire & Safety Services � Approval Recommended by Director of Financial Services: � Adopted by Council: Date � Form Appro d by City Attorney: Adoption Certified by Council Secretary: B. �� � ^ !u ` 0` Y BY� � �- . � .-�.� Approved by Mayor for Submission to Council: A d b M � D t u Z �� pprove y ayor. a e By: BY: /Ly�1jJ��i� / J �„ _z� DEPARTMENT/OFFICE/CAUNCIL DATE INITIATED Fire and Safety Services 1/10/01 GREEN SHEET No 103224 CONTACT PERSON & PHONE MfiwuoA7E INRIAUDATE Ciarence Hawkins 228-6223 1 o�nnarr�eurw�c�oaQ h/D-0 4«ncour�ca MUST BE ON COUNCIL AGENDA BY (DATE) �crtrnnom�v YtI.O'� ❑cmaeaic ❑FIILWCINLSFRVIGESDIR_ ❑FlNqNL1qL5ERVlACC�G �MAYOk10RA55�SiRM)_� ❑ TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) G7lON REQUESTED proval of the attached Council Resolution authorizing the Saint Paul Department of Fire and Safety Services to conduct various fire training exercises at the property located at 196 Vemon Street, Saint Paul, Minnesota. RECOMMENDATION AppIpVE (A) of R2jZCt (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLL0IMNG �UESTIONS: 1. Has this persoNfirtn ever vrorked under a contract for Nis department? PLANNING COMMISSION YES NO CB COMMITTEE 2. Has this person/firtn ever been a ary employee? ' CIVILSERVICECOMMISSION YES NO 3. Does this persoNfirtn possess a sltill not fwrtnally possessed by a�ry curteM ciry employee? YES NO 4. Is this persoNfirtn a targeted vendoR YES NO Fxplain all yes answers on separate sheet and attach lo green sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (W HO, W HAT, WHEN, WHERE, WHY) The SainYPaul Department of Fire and Safety Services is offered the opportunity to conduct fire training exercises as a result of the owners' willingness to offer this property for demolition purposes. ADVANTAGESIFAPPROVED DISADVANTAGESIFAPPROVED DISADVANTAGES �F NOT APPROVED 70TALAMOUN70FTRANSAC710N COST/REVENUEBUDGETED(CIRCLEONE) YES NO FUNDING SOURCE ACTIVIN NUMBER FINANCIAL INFORMATION (EXPWN) 6�-35 FIRS TRAINING SXERCISE PROPBRTY AGREEMENT An agreement dated this day of , 200 by and between the City of Saint Paul, Minnesota, and hereinafter called "City" and holder/s/), hereinafter collectively called "Owner°. WITNESSETH: (owner/s//interest individually and Whereas, the City, acting through and by its Department of Fire and Safety Services, desires to conduct various training exercises in the interest of instructing and enhancing its staff in the many and varied techniques of fire suppression; and Whereas, the training exercises involve a variety of tasks that necessarily result in the destruction of materials and property and include such activities as burning, sawing, boring, axing; and chipping; and Whezeas, the City has need of a stock of existing structures, both commercial and residential to use in its t`raining exercises; and Whereas, the Owner represents that he/she/they is/are the fee owner for the below described Property; and Whereas, the Owner has generously offered the structures located at the Property identified below to the City for the purposes of assisting the City in its fire training; and Whereas, the Owner acknowledges adequate and suEficient benefit and consideration in permitting the City to enter onto the Property identified below and the performance of fire instruction classes; and further, acknowledges the receipt of benefit in allowing the Owner's Property to be part of this worthwhile and critical educational program; now there£ore, IT IS MUTUALLY AGREED BY AND BETWEEN THE CITY AND OWNER AS FOLLOWS: p �-3S 1} That the foregoing recitals are incorporated herein by reference. 2) That the Owner has removed any personal property or.. materials from the Property located at (adc3ress), (herein this Agreement, the "Property")and freely consents to the entry of the City upon the ProperLy, at such time or times as the City desires, without notice to the Owner of its intention to temporarily occupy the Property for the purpose of conducting work or fire training exercises which will or might result in the destruction of the Property and any personal property or materials on the Property. The Owner hereby releases the City, its officials, employees, agents or representatives, from any and all claims or lawsuits for injury or damages, direct or inoidental, to the Property or personal property or materials on the Property, on account of the work or fire training performed under this Agreement. � 3) That the City, in consideration of the Owner's consent granted hereunder, will save and hold harmless the Owner from any and all claims of third parties, other than that of the property's fee owner and the fee owner's responsibilities, as might be asserted as the result of City's training exercises at the address noted hereunder subject to the City's legal immunities and statutory tort limits. 4) That 8ubjeCt to the City's immunities and statutory tort limi.ts the City will also be responsible for the restoration of the premises but only to the extent of complying with public nuisance ordinance and not for the purpose of enhancing the premises £or any other reason or serving another end and that the City, following the conclusion of the training exercises will not save and hold harmless the owner from any and a7.1 c2aims ot third parties as might be asserted following the conclusion of the City's training exercises at the address above noted once notice has been given to the Owner of such conclusion and restoration. 5) That the City will obtain any and all necessary variances, permits and consents as may be required by law to conduct the training, exercises and the Owner has no 01-35 obligation in such matters beyond the execution o£ this agreement. 6) That this agreement shall be in force six (6} months from either or the date first written above and to be inserted by the City�s Fire Chief. 7) That the signing representative of the Owner has legal and binding authority of the Owner to enter into this Agreement with the City. 8) That any notices required to be given by either party to the other shali be in writing and addressed as follows: if to the Owneds/: If to the City: Saint Paut, MN Saint Pau! Fire Department Saint Paul, MN APPROVED AS TO FORM: �.���— !'�`�' �/ Assistant City Attorney ir L CITY OF SAINT PAUL Mayor Fire Chief Director, Department of Finance and Management Services C3�-35 •Q:l� Name Address Subscribed and sworn Yo before me tius day of , 20 Notary Public Council File # Presented By: ' RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet# o� - 35 103224 Referred To: Committee: Date i WHEREAS, the City of Saint Paui, acting through and by its Department ofi Fire and Safety Services, hereinafter z calied the "City", desires to conduct various fire training exercises at the property commonly known as a 196 Vemon Street located in the City of Saint Paui, Ramsey County, Minnesota; and s WHEREAS, upon information and belief, the above described property is owned in fee by Macalester College, s hereinafter called "Owner' ; and s WHEREAS, the City desires to enter into a proposal and agreement with the Owner to conduct fire training s exercises at the property described above; and io ii WHEREAS, the Owner has indicated a willingness to accept the City's proposal upon the signing of an �z agreement between the City and the Owner wherein the City will save and hold harmless the Owner from any �s and all claims of third parties as might be asserted as the result of, and during the time of, the City's training ia exercises conducted at the property described above subject to the City`s legal immunities and statutory tort is limits; �s �� NOW THEREFORE IT BE RESOLVED, that the proper officials of the City are hereby authorized and directed �s to execute such an agreement with the Owner for the purposes of permitting fire training exercises at the +s property commoniy known as 196 Vernon Street, Saint Paul, Minnesota; zo zi AND BE IT FURTHER RESOLVED, that the proper o�cials of the City are hereby authorized to enter into an zz agreement containing language indemnifying the Ownerfrom any and all ciaims of third parties as might be zs asserted as the result of, and during the time of, City's training exercises at the address noted hereunder subject za to the Gifij's lega! immunities and statutory tort limits; zs zs AND BE IT FINALLY RESOLVED, that a copy of said agreement shall be filed and kept as a record in the v Department of Finance and Management Services of the City of Saint Paui. Requested by Department of: Fire & Safety Services � Approval Recommended by Director of Financial Services: � Adopted by Council: Date � Form Appro d by City Attorney: Adoption Certified by Council Secretary: B. �� � ^ !u ` 0` Y BY� � �- . � .-�.� Approved by Mayor for Submission to Council: A d b M � D t u Z �� pprove y ayor. a e By: BY: /Ly�1jJ��i� / J �„ _z� DEPARTMENT/OFFICE/CAUNCIL DATE INITIATED Fire and Safety Services 1/10/01 GREEN SHEET No 103224 CONTACT PERSON & PHONE MfiwuoA7E INRIAUDATE Ciarence Hawkins 228-6223 1 o�nnarr�eurw�c�oaQ h/D-0 4«ncour�ca MUST BE ON COUNCIL AGENDA BY (DATE) �crtrnnom�v YtI.O'� ❑cmaeaic ❑FIILWCINLSFRVIGESDIR_ ❑FlNqNL1qL5ERVlACC�G �MAYOk10RA55�SiRM)_� ❑ TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) G7lON REQUESTED proval of the attached Council Resolution authorizing the Saint Paul Department of Fire and Safety Services to conduct various fire training exercises at the property located at 196 Vemon Street, Saint Paul, Minnesota. RECOMMENDATION AppIpVE (A) of R2jZCt (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLL0IMNG �UESTIONS: 1. Has this persoNfirtn ever vrorked under a contract for Nis department? PLANNING COMMISSION YES NO CB COMMITTEE 2. Has this person/firtn ever been a ary employee? ' CIVILSERVICECOMMISSION YES NO 3. Does this persoNfirtn possess a sltill not fwrtnally possessed by a�ry curteM ciry employee? YES NO 4. Is this persoNfirtn a targeted vendoR YES NO Fxplain all yes answers on separate sheet and attach lo green sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (W HO, W HAT, WHEN, WHERE, WHY) The SainYPaul Department of Fire and Safety Services is offered the opportunity to conduct fire training exercises as a result of the owners' willingness to offer this property for demolition purposes. ADVANTAGESIFAPPROVED DISADVANTAGESIFAPPROVED DISADVANTAGES �F NOT APPROVED 70TALAMOUN70FTRANSAC710N COST/REVENUEBUDGETED(CIRCLEONE) YES NO FUNDING SOURCE ACTIVIN NUMBER FINANCIAL INFORMATION (EXPWN) 6�-35 FIRS TRAINING SXERCISE PROPBRTY AGREEMENT An agreement dated this day of , 200 by and between the City of Saint Paul, Minnesota, and hereinafter called "City" and holder/s/), hereinafter collectively called "Owner°. WITNESSETH: (owner/s//interest individually and Whereas, the City, acting through and by its Department of Fire and Safety Services, desires to conduct various training exercises in the interest of instructing and enhancing its staff in the many and varied techniques of fire suppression; and Whereas, the training exercises involve a variety of tasks that necessarily result in the destruction of materials and property and include such activities as burning, sawing, boring, axing; and chipping; and Whezeas, the City has need of a stock of existing structures, both commercial and residential to use in its t`raining exercises; and Whereas, the Owner represents that he/she/they is/are the fee owner for the below described Property; and Whereas, the Owner has generously offered the structures located at the Property identified below to the City for the purposes of assisting the City in its fire training; and Whereas, the Owner acknowledges adequate and suEficient benefit and consideration in permitting the City to enter onto the Property identified below and the performance of fire instruction classes; and further, acknowledges the receipt of benefit in allowing the Owner's Property to be part of this worthwhile and critical educational program; now there£ore, IT IS MUTUALLY AGREED BY AND BETWEEN THE CITY AND OWNER AS FOLLOWS: p �-3S 1} That the foregoing recitals are incorporated herein by reference. 2) That the Owner has removed any personal property or.. materials from the Property located at (adc3ress), (herein this Agreement, the "Property")and freely consents to the entry of the City upon the ProperLy, at such time or times as the City desires, without notice to the Owner of its intention to temporarily occupy the Property for the purpose of conducting work or fire training exercises which will or might result in the destruction of the Property and any personal property or materials on the Property. The Owner hereby releases the City, its officials, employees, agents or representatives, from any and all claims or lawsuits for injury or damages, direct or inoidental, to the Property or personal property or materials on the Property, on account of the work or fire training performed under this Agreement. � 3) That the City, in consideration of the Owner's consent granted hereunder, will save and hold harmless the Owner from any and all claims of third parties, other than that of the property's fee owner and the fee owner's responsibilities, as might be asserted as the result of City's training exercises at the address noted hereunder subject to the City's legal immunities and statutory tort limits. 4) That 8ubjeCt to the City's immunities and statutory tort limi.ts the City will also be responsible for the restoration of the premises but only to the extent of complying with public nuisance ordinance and not for the purpose of enhancing the premises £or any other reason or serving another end and that the City, following the conclusion of the training exercises will not save and hold harmless the owner from any and a7.1 c2aims ot third parties as might be asserted following the conclusion of the City's training exercises at the address above noted once notice has been given to the Owner of such conclusion and restoration. 5) That the City will obtain any and all necessary variances, permits and consents as may be required by law to conduct the training, exercises and the Owner has no 01-35 obligation in such matters beyond the execution o£ this agreement. 6) That this agreement shall be in force six (6} months from either or the date first written above and to be inserted by the City�s Fire Chief. 7) That the signing representative of the Owner has legal and binding authority of the Owner to enter into this Agreement with the City. 8) That any notices required to be given by either party to the other shali be in writing and addressed as follows: if to the Owneds/: If to the City: Saint Paut, MN Saint Pau! Fire Department Saint Paul, MN APPROVED AS TO FORM: �.���— !'�`�' �/ Assistant City Attorney ir L CITY OF SAINT PAUL Mayor Fire Chief Director, Department of Finance and Management Services C3�-35 •Q:l� Name Address Subscribed and sworn Yo before me tius day of , 20 Notary Public