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02-834� � ('� 1 5 ! ��,��ti,�� Council File # Green Sheet # RESOLUTION , WHEREAS, the City of Saint Paul, acting through and by its Department of Fire and Safety Services, hereinafter z cailed the "City", desires to conduct various fire training exercises at the properties commonly known as s 130 Arch Street and 646 Rice Street located in the City of Saint Paul, Ramsey County, Minnesota; and s WHEREAS, upon information and belief, the above described properties are owned by Hiway Federal s Credit Union, 111 Empire Drive, Saint Paul, Minnesota 55103-1899 hereinafter cailed "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 �o ii WHEREAS, the Owner has indicated a willingness to accept the Citys proposal upon the signing of an iz agreement between the City and the Owner wherein the City will save and hold harmless the Owner from any �a and all claims of third parties as might be asserted as the result of, and during the time of, the City's training �a exercises conducted at the property described above subject to the City's legal immunities and statutory tort �s limits; is +� NOW THEREFORE IT BE RESOLVED, that the proper officials of the City are hereby authorized and directed �a to execute such an agreement with the Owner for the purposes of permitting fire training exercises at the �s properties commonly known as 130 Arch Street and 646 Rice Street, Saint Paul, Minnesota; zo z+ AND BE IT FURTHER RESOLVED, that the proper officials of the City are hereby authorized to enter into an zz agreement containing language indemnifying the Owner from any and all claims 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 City's legal immunities and statutory tort limits; 25 zs AND BE IT FINALLY RESOLVED, that a copy of said agreement shall be filed and kept as a record in the z� Department of Finance and Management Services of the City of Saint Paul. Yeas Nays Absent Benanav Blakey � Bostrom � Co/eman Hanis �� Lantry Reiter �� O p Adopted byCouncil: Date �, �. �� aop � Adoption Certified by Council Secretary: � Approved by�f�ly�r: Date Requested by Department of: Fire & Safet Services By: � ' Approva ec� e ded by i ctor of Financial Services: By: Form � by City for � ca� �y 113956 � n�._��y DEPARTMENT/OfFICE/COUNqL DATEINRIATED � FireandSafetyServices s/26/o2 GREEN SHEET No 113956 CONTACT PERSON & PHONE INfTIaVOAiE INRUwDATE Clarence Hawkins 228-6223 1 oEO��o�aE�o��3�� 4��o��� MUST B N COUNCIL AGENDA Y(DATE) /n��n Y//V/lif:.. ��� �crtrwnorwer � ❑trtraewc i �FlwwausQrncrsmrc ❑FlNHNCNLSEfN/ACGTG �NAYWtIOR0.5515�PM)_ ❑ TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED - Approval of the attached Council Resolution authorizing the Saint Paul Department of Fire and Safety Services to conduct various fre training exercises at the properties located at 130 Arch Street and 646 Rice Street, Saint Paul, Minnesota. RECOMMENDATION ApptOVZ (A) Of RejeCt (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLONANG QUESTIONS: 1. Has this personffirtn ever worked under a contract for this department? PLANNING COMMISSION � YES NO CIB COMMITTEE 2. Has this persoNfirm ever been a ciryemployee? CIVIL SERVICE COMMISSION vES NO 3. Does this persoNfirm possess a skill rwt nommally possessed by any curte�rt city employee� YES NO 4. Is this personffrtn a targeted vendoR YES NO Explain all yes answers on separaie sheet and attach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHY) The Saint Paul Department of Fire and Safety Services is offered the opportunity to conduct fire training exercises as a result of the owners' willingness to offer these properties for demolition purposes. - ` � �����t ADVANTAGESIFAPPROVED .. � � �� ���� DISADVANTAGESIFAPPROVED DISADVANTAGES IF NOT APPROVED 70TAL AMOUNT OF TRANSACTION COS7/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDING SOURCE ACTIVIN NUMBER FINANCIAL INFORMATION (EXPLAIN) o�.-��`� FIRE TRAINING EXERCISE PROPERTY AGREEb�NT An agreement dated this 25th day of August, 2002 by and between the City o£ Saint Paul, Minnesota, and hereinafter called "City" and Highway Federal Credit Union (owner/s//interest holder/s/), hereinafter individually and collectively called "Owner". WITNESSETH: 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 Whereas, the City has need of a stock of existing structures, both commercial and residential to use in its training exercises; and Whereas, the Owner represents that he/she/they is/are the £ee owner for the below described Properties; and Whereas, the Owner has generously offered the structures located at the Properties identified below to the City for the purposes of assisting the City in its fire training; and Whereas, the Owner acknowledges adequate and sufficient benefit and consideration in permitting the City to enter onto the Properties identified below and the performance of fire instruction classes; and further, acknowledges the receipt of benefit in allowing the Owner's Properties to be part of this worthwhile and critical educational program; now therefore, IT IS MUTUALLY AGREED BY AND BETWEEN THE CITY AND OWNER FS FOLLOWS: 1) That the foregoing recitals are incorporated herein by reference. 2) That the Owner has removed any personal property or materials from the Properties located at 130 Arch Street and oa-���. =_e= in the City of Saint Paul, Minnesota (address), (herein this Agreement, the "Properties")and freely consents to the entry of the Ci=y upon the Properties, at such time or times as the City desires, - aithout notice to the Owner of its intention to temporarily occupy the Properties 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 Properties. 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 incidental, to the Property or personal property or materials on the Properties, 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 subject to the City's immunities and statutory tort limits 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 Por the purpose of enhancing the premises for 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 Prom any and all claims of third parties as might be asserted following the conclusion of the City's training exercises at the addresses 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 obligation in such matters beyond the execution of this agreement. 6) That this agreement shall be in force six (6) months from either September 1, 2002 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. � b � _ �3y, s� 'IY�t �nv *s�i�s ��is�t to te c�� v� eirr�r �rty to rr� �r s�u r� in w�r.i� �1 addressed GJ foilows: If to �he Owner/s/: Hiway Federal Credit Union 111 bmpire Drive Saint Paul, Minnesota 55103 APPROVED AS TO FORM: Assistant City Attorney Subscribed and sworn to before me Yhis �lo�/�davof �i�.��1�d Notary Public . ■ `\� ANN L NOSON NOTARYPIB�C�M9aJES0TA ob�vaa eprsJm. st. za�s a � If to the City: Saint Paul Fire Department 100 East 11t° Street Saint Paul, Minnesota 55101 CITY OF SAINT PAUL Mayor �� G2�% � Assistant Chie Anthony Carter For Fire Chie Tim Fuller ���e� Director, Department o£ Finance and Management Services Hiway Federal Credit Union � � ��,�- _ Sig at V � Title 20�. �