02-834� � ('� 1 5 !
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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
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ca� �y
113956
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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)
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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.
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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
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Sig at
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Title
20�.
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