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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 By \ \ ��. _ � ,�� ._*- �p�roJ g.� J � �'\Y�nr �� -• - -. . �-.. - . I - � � ,�� i �,� � ,� � � � : /,�- � ' � ' Form Approved by City Attorney By: /' i�.�� \�C�.X.-�- Approve Mayor for Submission to Council J Approved by Mayor: Date: By: By: nZ _S3 R:\WP\Forms\Resolutions\FairSoccer resolution.wpd i Z:G" � `_'y � 7 �` - ` �IN�ESOTA STATE -��� O'1 - 5 3 � ���n�> 6 � � � * ��6 � �► �u� c Y' 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 .� o�- sal Pa�e 2 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. ps -531 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, � Title: MINNESOTA STATE AGRICULT�LAL SOCIETY : �ents Coordinator Minnesota State Fau St. Paul, MN 55108-3099 (651)642-2214 StPaulSoccerFields/misc.ao eements w a � � a ¢ � .� p .� � U � a c�. Y r.� O �1 � � 03 -5 � � 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. � p3 -531 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 � `�,nc�.%."'�`� w�;�.-,5.�—.i W�� Financial information: (Explain) � ����' ��l e1. �- z� r , �- �� S � l ��IIIINNES�TA ST�iTE �� � � 1�1/�VV�\��I�in \�\F��� '�' 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 � �