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250231 - 250;��1 OR161NAL TO CITY CLHRK ' • CITY OF ST. PAUL FoENCa NO. � OFFICE OF THE CITY CLERK ` OUNCIL RESOLUTION—GENERAL FORM � PRESENTED BY COMMISSIONE ATF �tESpLVBD, Th�t pursua�t to prdinance �io. 13574, approved March 16, 19C7, the prop�r City officimis are hereby �uthori$ed to enter into a coatra�t witb Lconomica Laboratorp, Inc. for fire protection of the �coao�ice Laboratory R � 8 Ch�amieml Eagiaeeriag �enter at 940 Lone Dak Road, Sagan Tovraship, a copy of whiczh eontr�at is attached hereto and �de a part hereof. f.Di�I �1P.P 4 � _.____.. CORPORAT COUIdSEI. AUG 2 7 197p COUNCILMEN Adopted by the Council 19— Yeas Naye ��= z � ��ao� Butler Carlson ove� 19� �' � Tn Favor Meredith Sprafka Mayor � A gainst Mr. President, McCarty PUBClSHED q�� 2 � 1970 � . .. y 1 . ' . �c5�,� �.� FII� SERVICE CONTRACT THIS AGREEMENT, made and entered �into this 19th day of Au�ust , 1Q70 , by and between the City of Saint Paul, a municipal corporation organized and existing under and by virtue of the laws of the State of Minnesota, party of the first part, hereinafter referred to as "City" , . and Economics Laboratory, Inc. Of _ St, Paul. Minnesota � part_�_ Of the second part� hereinafter referred to as "Applicant" . WITNESSETH, That for and in consideration af the . covenants and agreements herein contained, said City agrees to fusnish upon the terms and conditions hereinafter se� forth, the equipment and personnel of its rire Department for the protection of the property described in Exhibit ��A�� which is attached hereto and incorporated herein by refer�nce, Any calls for the use of such equipment and personnel shall be directed to the Fire Department . of the City of Saint Paul. Upon receipt of such calls, said Fire Departm�nt shall � ciispai;ch such equipme�t and personnel as in the opinion of the Fire Chief of the Fire Depar�ment, or in case of his absence or disability, the person in active charge of the Fire Depart- ment may dee� to be adequate. The City reser�,es the right to retain in the City of Saint Paul such �quipment and yer�or�r��I as, :�r� Liie a�ii�ioi7 of �;he Fii�c: C'r�ie.i or aciing ne�d of the F'ire Uepartment, rn.ay be n�cessary for the proper and adequat� protection of the City, and shall dispatch for the protec�;ion of the propert,y above descriUed only such equipiuent and persnz�n�l as in his opinion can5 for the time being, be , � ., R • n ► safely spared from the City; and in case an emergency arises within the City while the equipment and personnel of the Fire Department are engaged in fighting a fire involving said property,. said Fire Chief or acting head of the Fire Department may� in his discretion� recall to the City of Saint Paul from the service of Applicant, such equipment and personnel as he may consider in his opinion necessary to meet said emergency. In case weather or road conditions are such that in the � opinion of said Fire Chief or acting head of the Fire Department, equipment and personnel caruiot be furnished to Applicant with reasonable safety, he may in his discretion refuse to answer the call of Applicant. The determination of the Fire Chief or the acting head of the Fire llepartment as to what equipment shall be furnished and whether equipment shall be withheld or ' withdrawn, as provided herein, shall be fina�. and conclusive. Applicant releases the City, its officers, agents and employees from all claims for damage or loss resulting from fai.lure ta furnish or delay in furnishing men or apparatus � or from failure to prevent, control or extinguish any fire or conflagration �rhether r�sulting from the negligence of the C.ity, its officers, agents or employees or otherwise. This provision is intended tocperate as a release from all claims on the part of property owners ar other persons having an interest in the property for which fire protection is requested by Applicant; and it is understood and agreed that response to calls by the City of Saint Paul is made only unon the conditions of the release from all c].aims by the property owner or other . interested part;y, whether said calls are made by Applicant or . by any other person in Applicant ' s behalf. Applicant hereby agrees to indemnify and save harmless the Ci�:y, its agents, officers and employees from all claims for in�ury, 2 _ ._�_ -- • .. .... _� . , . , • �.. . , , = ' ,� � ; �. , I � , loss or damage to persons or property arising out of the use � and operation of the equipment of the Saint Paul Fire Depart- . ment in the service of Applicant on the Applicant' s premises. � . I Applicant further agrees to reimburse .the City for all loss � . , of and damage to said equipment while being used to furnish � services to APplicant. t l i Applicant agrees to pay to the City for the service � � provided for herein, the annual minimum char�es and the rates ? � ; ) for labor and repair work and use of equipment provided fcr in ' � � . that certain ordinance enacted by the City Council of the City � of Saint Paul on the 16th i � , day of March 9 19 67 � � � ; i and as amended thereto; a copy of which schedvle of rates is � � � i attached hereto. Applicant agrees to pay annually� in advance� � said annual minimum charges and agrees to pay in addition �� j thereto, within thirty days after receipt of bill therefor, . following each particular call, such amounts as may become due � �'o�.� labor= use of equipmeiit and repair work. In case oi failure to make such payment within thirty days, the City may, at 3ts option, immediately terminate this contract. In case � . of enactment of an ordinance changing said annual charges or , . said schedule of charges for labor, use of equipmen� and repair work, Applicant agrees to make payment in accordance with such • changes commencing thirty days after written notice thereof, provided, however9 that such changes as to annual charges shall not be effective until the succeeding annual payment under this contract shall be due. Applicant further agrees to be bound by all the terms and cenditi��s of said ordirance and� upon thirty ddys ° written notice of any am�ndment thereto= agr. ees to be bound by the ' terms and conditions of such amendment. Said ordinance is ' . incorporated in and made a part of this contract by re'ference with the same eff'ect as if fully set �forth herein. 3 . , , � � � . ,. . .,�. . , �� ' � ... � � � ' � . The annual charges under this contract sha11 be ad�usted . at the l�eg3.nning of each year of the contract so that they will conform to the charges provided for in said ordinance, on the basis of valuation. The statements - of valuation of �he property covered �,y this contract and provided �'or in said . ordinance, sha11 be furrished annua7.ly at least fif�een days prior to �he expira�ion of each year for Y�hich the annual charges have been paid . � • This contract sha11 be for a continuous term sub�ect, however, to cancellation by either par�y upon �hirty dayst written notice . IN C�tTNESS WHEREOF, the parties have hereunder set their hands and seals the day and year first above written. In Presence Of : CTTY OF SASIdT PAUL . BY Rlayor Commissioner of Public Safety Attest City Clerk Form Ap�roved : � • Coun�ersigned : �J Corporation Counsel Gity Compt.roller In Presence of : � , By �/UiC..��l�'✓"� _ �-��, � �. � � Of�'�cer /�; ' r � `�--_-..�-, .� ��� � � �---� ��'f:Lcer \ Approved as �o form and execution this day of , �97�• Special Assistant Corpora�ion Counsel � ' ,_ . � � . . . . t::.,. .,- � `' ' � 4 n . r . a LEG1�L DESCRIPTION The following described tract of land situated in the Township of Eagan, . County of Dalcota and State of Minnesota, described as follows, to-wit: That part of the Northeast- Quarter of the Northwest Quarter and that part of the Northwest Quarter of the Northeast Quarter Section 11, To��vnship 27, Range 23, Dakota Co�.i���-,r, Minnesota, described as follows: Comrnencing at the Northeast Corner of said Northwest Quarter of the Northeast Quarter; thence Southerly along the East line of said Northwest Quarter of i;he Northea�t- • Quarter a distance of 763. 0 feet; thence Westerly deflecting 90 degrees i:o the right a distance of 330. 0 feet to the point . of beginning of i:he parcel of land to be described; thence �ontinuing Westerly along the las1: descriUed line a distance of 1235. 65 feet; thence Northerly parallel with the East line of the Northeast Quarter of the Northwest Quarter a distance of 712, 82 feet to the Southerly right of way line of Dalcota � County 5tate Aide High��ay No. 26 (formerly C. S, A, H. No, 10); thence Easterly along said Southerly right of way line to the zntersection with a line parallel with the East line of said � j �' Northwest Quarter of the I�TOrtheast Quarter erected Northerly ' fronn the point of beginning; thence Southerly along said parallel line a distance of 577. 20 feet to the point of beginning. Reserving the following easements over, upon, unuer and across the above descriUed tract, A. Reservvig an easement for the installation and maintenance of utilities and drainage facilities over, upon, under and across the Easterly 10 feet thereof and the Northerly 10 feet thereof (as zneasured at right angles to the Easterly and Northerly lines of said tract). • B. Reserving an easement for the installation and maintenance of a railroad lead li.ne tract over, upon and across the Southerly 22. 5 feet thereof (as measured at right angles to the Southerly line of said tract), Together wit-h an easement for ingress and egress and for i:he installation and mainLenance of ui:ilities over, upon, under and across a strip of land 60 feet in width the center line of said 60 foot- st-rip being described as follows: Comnzenci.ng at a point in the South line of the above described 1:ract distant 270 feet East of the Southwest corner thereof, thence South parallel with the East- line of said Northwest Quarter of L-he Northeast Quarter to a poin�: distant 1000 feet South ot the North line of said Northwest- Quartez of the Nort-heast Quarter and � there ter�ninating, said point of termination being thc North line of a public hi�hway runnin� i.n an Easterly and VVesterly direction to Ue dedicated by Lessor for public use. Exhibit "A"