03-531QRIC��A�
council File # �3' S3�
Green Sheet # 3ao c �03
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred to
Committee: Date
a�
WHEREAS, the City of Saint Pau1 Division of Parks and Recreation's mission is to
provide recreational opportunities for it s citizens, and
WHEREAS, the Division of Parks and Recreation, has insufficient facilities to meet
the demands associated with providing soccer fields to meet the needs related to the
growth in soccer throughout the City, and
WHEREAS, The Minnesota Agricultural Society has a parking site available located at
(South portion of Block 55 see exhibit A of the License Agreement;attached) the Minnesota
State Fair that can be used to help alleviate some of these demands ; and
WHEREAS, , The Minnesota Agricultural Society is willing to allow the City the use
of this area to provide soccer facilities for use by the Division of Parks and Recreation,
but on the condition that it be indemnified and held harmless from damages and claims
arising out of the use of the parking site for that purpose; be it
RESOLVED that the Council of the City of Saint Paul hereby finds that the
indemnification of the parking site on the South portion of block 55 for the use as Soccer
Practice Fields serves a valid and legitimate public purpose; and be it
FURTHER RESOLVED, that the proper City officials are hereby directed and authorized
to enter into the attached agreement with Minnesota Agricultural Society for the use of
the premises for Soccer Practice Fields.
Adopted by Council : Date C�`_-- -�, Oo�
Adoption Certified by Council Secretary
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Form Approved by City Attorney
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Approve Mayor for Submission to
Council
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Approved by Mayor: Date:
By:
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TNE GREAT MINNESOTA GET-TOGETHER
12 DAYS OF PIIN ENDING LABOR DAY
LICENSE AGREEMENT
License Number: 68
THIS LICENSE is issued the 12 day of May, 2003, by and between the Minnesota State
Agricultural Society (hereinafter "Society"), and City of Saini Pai:l- Division of Pa:ks &
Recreation, Boo Bierscheid, 300 City Hall Annex, 25th W. 4th Street, St. Paul, MN
55102 (hereinafter called Licensee).
WITNESSETH:
In consideration of the fee(s) hereinafter specified to be paid by Licensee and the
covenants and agreements herein contained, Society hereby grants to Licensee
pemussion to enter Society's property described below, located on the Minnesota State
Fairgrounds, for the purpose described herein. However, the granring of such permission
does not constitute a lease, nor confer on Licensee any title, interest or estate in such
premises.
1. Premises Description and Location: South portion of Block 55 (see Exhibit A
attached).
2. Term of License 5/1/03 — 8/1/03 and 9/15/03 —11/1/03
3. Fee s: Licensee agrees to pay Society One hundred dollars ($100.00) for use of the
above described premises, due on or before 5/30/03. Licensee shall also compensate
Society for any costs it may incur associated with Licensee's premises usage,
inc�u�?�ng presnises :estoration, cl��n u� e±c.
Make checks payable to: Minnesota State Agricultural Society
Remit to: Events Department
Minnesota State Fair
1265 Snelling Ave. North
St. Paul, MN 55108-3099
1265 Snetling Avenue North * St Paut, MN 55108-3099 *(651) 642-2200 * FAX (651) 642-2440 * TTY (651) 642-2372.
e-mail: fairinfo@mnstatefair.org * web: www.mnstatefair.org
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4. Use of Premises: Licensee will use the premises for the following purpose only:
Soccer Practice Fields. It will be the sole responsibility of Licensee to comply wrth all
applicable laws, regulations or ordinances imposed by any jurisdiction governuig use
of the subject premises. Failure to comply will not reheve Licensee of the obligation
to pay required fees.
5. Urility and Service Chazges: This agreement is for premises use as is and does not
include use of utilities; i.e., electricity, water and/or sewer services.
6. Indemnification: Licensee shall protect, defend, indemnify and save harmless the
Society and its employees from and against any and all clauns, demands and causes
of action of any nature whatsoever for in�ury to oz death of persons, or loss of or
damage to property, occuning on the premises or in any manner growing out of or
connected with Licensee's use and occupancy of the premises, unless such injury,
death, loss or damage is caused in full or in part by the negligence of 5ociety, or is
deemed to be the sole responsibility of the Society because of its failure to supervise,
inspect or confrol the operations of Licensee, ar otherwise discover or prevent act�ons
oz operations of Licensee giving rise to liability to any person.
7. Right to Enter: Society representatives, the Society's contractors and utility
companies shall have the absolute right to enter upon the premises at anytime.
8. Liabili : Licensee understands and agrees that Society assumes no liability for any
loss, damage, vandalism, destruction, security or protection of Licensee's property,
which is placed on the subj ect premises and is hereby released from any such
liability.
9. Access: Licensee's access to the premises shall be permitted between the hours of
6:00 a.m. and 11:00 p.m, Monday through Sunday. Arrangement for access between
the hours of 11:00 p.m. and 6:00 a.m. must be made with Society's Events
Coordinator at least 24 hours prior to requested entry.
10. Sublettine: Licensee shall not transfer or assign this license or sublet any interest in
tlus agreement or the subject premises.
11. Cancellation: Licensee and Society have the right to cancel this license at any time by
providing the other party with thirty (30) days written notice of said cancellation
12. Remedies: If any fee(s) are due and unpaid, ar if Licensee defaults in any of the
covenants or agreements on the part of Licensee contained in this license, Society
may at any time after default, re-enter and take possession of the premises in a
manner provided by law. Licensee will pay Society all costs and expenses, including
reasonable attorney's fees, in any action brought by Society to recover any fee(s) due
and unpaid hereunder, or for breach of any of the covenants or agreements contained
in this license, or to recover possession of the premises, whether such action
_ progresses to judgment or not.
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Page 3
13. Holdina Over: Licensee may not hold over occupancy after the expiration of the term
of this license.
14. Moving Out: At the expiration or tei�ination of this license, Licensee shall retum
any premises keys to Society and shall leave the premises in as good a condition as
when they received them, except for ordinary weaz and tear.
15. Snecial Condirions:
Use of the premises by Licensee during the term of License by Licensee shall be
precluded on the following dates: June 4-10, June 19-23, July 5& 6, July 18 — 20 and
October 16. Society shall provide Licensee with fourteen (14) days advanced notice
of any other dates duriug which Licensee's use of the premises shall also be
precluded.
Vehicle parking at the subj ect premises shall be permitted, placed and controlled as
mutually agreed between the parties hereto.
Responsibility for securing the subject premise when not in use shali be that of the
Licensee, and in a manner mutually agreed between the parties hereto. Licensee shall
be responsible for mainta.iving the premises in a clean and orderly condition,
including provision of trash receptacles and collection of same.
LICENSEE,
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Title:
MINNESOTA STATE AGRICULT�LAL SOCIETY
:
�ents Coordinator
Minnesota State Fau
St. Paul, MN 55108-3099
(651)642-2214
StPaulSoccerFields/misc.ao eements
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
PR — rarks ana xecrearioa
CoMad Person 8 Phone:
8ob Bierscheid
266-6409
Must Be on Council /�genda by (Date):
Date Initiatetl:
20.MAY-03 Green Sheet NO: 3000403
� DeDartment SeM To Person
p ar and Recreation
A55ign 1 ar and Recreation D ar�eat Dir r
Number Z ' Attorne
Fof 3 or•s Office Msvor/ASSispot
Routing
Ofder 4 an iI
Totaf # of Sigrcature Pages _{Clip PJI Locations for Signature)
Action Requested:
Approval of License Agreement between Minnesota Shte Fau and the City of Saint Paul, Division of Pazks and Recrearion
Approve (A) or
Planning Commission
CIB Committee
Civil Service Commission
Contracts Must Mswer the Following Questions:
1. Has this person/firm ever worked under a mnt2ct for this departmenY?
Yes No
2. Has this personffirm ever been a city employee?
Yes No
3. Does this person�rm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
OppoXhmity azose to use a grass parkcvay area, owned and operated by the Minnesota State Fair, as awci&ary soccer fields.
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Advantages If Approved:
Advantages to accepting this agreexnent will mean additional sites to conduct soccer pracrices and gaznes, thereby reducing demand
on our current system.
DisadvanWpes If Approved:
None
Disadvantages If Not Approved:
Continued overplay on e�sting fields causing dzmage and unsafe playing conditions.
Trensaetion: 100
Fundins� Source: Muni AthlOtiC Youth
CastlRevenue Budgeted:
Activity Number: 03174
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Financial information:
(Explain)
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THE GREAT MINNESOTA GET-TOGETHER
12 DAYS OF FPJN ENDING LABOR DAY
May 13, 2003
Mr. Bob Bierscheid
City of Saint Paul Division
of Parks & Recreation
300 City Hall Annex
25`�' W. 4�` St.
St. Paul, MN 55102
Deaz Bob:
It looks like we are finally going to haue some Soccer balls kicked around our
fairgrounds. I trust this will be a good arrangement for both parties.
We tend to use the parking lot (Soccer fields) on occasion, and somefimes we are given
short notice from a client to utilize the lots. The enclosed agreement sites dates the lot is
unavailable for your use and the timing required to give you advanced notice to preempt
your use. I hust that you and Jim Sinclair came to a verbal agreement on the 14 day
notice condition.
Before the first Soccer player steps foot on the lot, leYs get together and decide some
operational issues such as where cars will be parked, gate used for ingress/egress, clean
up schedule, eta My office number is (651) 642-2214 and cell number is (651) 983-
6571.
Again, I hope this arrangement works well for the City, its residents and the State Fair. I
look forward to meeting with you over the next few days.
Sincerely,
�
�
and Amaction Coordinator
Enclosures
1265 Snelling Avenue North * St. Paul, MN 55108-3099 *(651) 642-2200 * FAX (651) 642-2440 * TTY (651) 642-2372
e-maiL• fairinfo@mnstatefair.org * web: www.mnstatefair.org
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