03-650COLJNCILFILE#: p'�-(
GREEN SHEET #: 204873
Presented By:
Refeired to:
MIlVNESOTA
Committee Date:
�1
1 WHEREAS, the 2000 Capital Improvement Budget includes a project for the conversion of the old Shepazd Road
2 Right-of-Way (ROV� from Randolph Avenue to Mazket Street to the Samuel H. Morgan regional trail; and
4 WHEREAS, Centex desues the use of certain property owned by the City of Saint Paul and within the trail system azea
5 as previously described for the temporary placement of surcharge material created as a result of the construction of Block
6 One of the Upper Landing Housing Developments; and
8 WHEREAS , The City of Saint Paul is willing to accommodate Centex but has a contract for the complerion of said trail and
9 needs certain condirions to be met as outlined in the attached ageement; and
10
11 WHEREAS, Centex has agreed to provide payment for the right to store said surchazge material, specifically £or the
12 payment of addirional Design, Engineering and Inspecrion fees (intemal and extemal) to design an interim trail connection as
13 a result of said material storage; and
14
15 WHEREAS, the esrimated addirional cost is $19,000; which has been provided to the City by Centex; and
16
17 WHEREAS, Centex agrees to provide additional funds should costs exceed $19,000, and the City agrees to refund any
18 unspent amount should the realized costs of the interim hail be less than $19,000; and
19
20 NOW THEREFORE BE IT RESOLVED, by the Council of the City of Saint Paul, upon the recommendation of the
21 Mayor, and the positive advice of the Long Range Capital Improvement Budget Committee, that $19,000 is available for
22 appropriation in the 2000 Capital Improvement Budget, and said 2000 budget, as heretofore adopted and amended by
23 Council, is hereby further amended as follows:
24
25 FINANCING PLAN:
26 CO3 - Pazks Capital Projects
27 3I006 - Samuel H. Morgan Tnil
28 6905 - Conhibutions / Outside Donations
29
30 SPENDING PLAN:
31 CO3 - Parks Capital Projects
32 3I006 - Samuel H. Morgan Trail
33 0883 - Architect Fees - Land
34
35
CURRENT AMENDED
BUDGET CHANGES BUDGET
0 19,000 19,000
0 19,000 19,000
500,000 19,000 519,000
500,000 19,000 519,000
36 FURTHER RESOLVED, that the Mayor and the proper city officials are hereby authorized to execute such agreements as
37 may be necessary to accept and implement this project on behalf of the City.
G:IFMIQT1JW31Resolut�ons, AOs, Green SheetslReso/utionslShepard Road - Centex.xls Page: 1 of 2
COUNCIL FILE #: ��
GREEN SHEET #: 204873
RESOLUTION
CIT'Y OF SAINT PAUL, NIINNESOTA
Presented By:
Refesed to:
Adopted by Council: Date: s2�t E/
Adoprion Certified by Council Secretary
Approved by�Iay�br: Date:
Committee Date:
Requested by:
Division of Parks and Recreation
,.'
�it � �� � /
Approval Recommended by Financial S ices Director:
By:
Form Approved by City Attorney
Mayor foY
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G:IFMIQ7L/W31Reso/ufiotts,AOs, Page: 2of2
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
pR Pazks and Recreation
CoMact Person & Phone:
Jason Wirka
26664'17
Must,Be on Council Agenda
o�e��,t,�ed: Green Sheet NO: 204873 G
03JUN-03
� Deoartment Se'kTOPerson InitiallDate
0 arks ndRecr�'on ��
�
A55ign 1 arl¢andRecrea"on De artmentDirector
NUmhef 2 nan ial ervices
For 3 � p��
Routing
OMer 4 r's O �ce
5 ouncil
6 nancial ervices Acco n'n
7 arks and RecreaHoo Jason Wirka
ToWI # of Signature Pages �(Clip All Locations for Signature)
Adion Requested:
Approval of attached budget resolutio amending the 2000 Capital Improvement Budget for the Shepazd Road Trail project, and
authorizing Pazks and Recreation to enter into an agreement wiffi Centex (wluch includes an indemnification clause) to allow the
storage of surcharge material in the Samuel H. Morgan Trail corridor.
Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
_� STf�=Ff
/�— (' 1 P� GOMn.( ( % r£�
Service Contracts Must Mswer the Following Questions:
1. Has this person/firm ever worked under a conVact for this departrnenY?
Yes No
2. Has this personffirm ever been a city employee?
Yes No
3. Does this person/firm 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):
Centex desires the use of certain property owned by the City of Saint Paul and located in the trail corridor.
Advantages If Approvetl:
Centex will be able to proceed with the construction of Block One of the Upper Landing Housing Development.
DisadvanWAeslfApproved:
None
Disadvanqges If Not Approved:
Block One of the Upper I,auding Housing Development construction will be delayed.
ToWlAmountof �19Q00
Trensadion: �
Fundina source: Centex CO3-3T006
Fi nancial Information:
(Euplain)
CostlRevenue Budgeted:
Activiri Number: 3jD06
�v�����
JUN 2 n 2003
�
£; �, � � � � 2�915�
p3-1�5t>
LICENSE AGREEMENT
This License A�eement made and entered into this day of
, 2003, by and beriveen the City of Saint Paul, hereinafter, City,
and Centex Multi-Family Upper Landin�, LLC, 2728 N. Hanvood, Dallas, Texas,
7�201, hereinafter, Centex.
WITNESSETH:
Whereas, Centex desires the use of certain property owned by the City located within the
Samuel H. Morgan trail corridor (between Station 80+00+ and 83+00+) for placement of
surchar�e material to faciIitate the construcfion of Block 1 of the Upper Landing Housin�
Developments; and
Whereas, the City is willing to accommodate Centex but has a contract for completion of
the trail and needs certain conditions met in order to do so.
Now, therefore, in consideration of the above premises, the parties hereto a�ree as
follows:
The City hereby grants a license to Centex to use that certain property
shown on attached Exhibit A located on the Samuel H. Morgan trail
comdor between Station 80+00± abd 83+00+ for use as a temporary
depository for surcharge material. This license shall be effective upon the
satisfaction of the conditions set forth in paragraph 5 and continue until
May 31, 2004, unless earlier terminated.
2. Centex agrees thaT prior to such license being granted it will arrive at an
agreement with Veit and Company, Inc. to allow delay in the completion
of the trail. Said a�reement must include: 1) Veit & Company receivin�
City and MNDOT State Aid Office approval for a delay in the completion
date of the trail project; 2) approval of the interim trail connection desi�n
by the City and NINDOT State Aid Office, installed and maintained as
necessary to meet State Aid bicycle safety standards; 3) construction of the
interim trail, meeting State Aid requirements, from the completed portion
of the new Samuel H. Morgan Trail to the Eagle Parkway and Shepard
Road Trails at Chestnut Street; 4) MPCA NPDES perxnit requirements
must be met throughout construction; 5) plans for removal of the
surcharge material thaT will faciliYate the completion of the traiPs final
grading and draina�e plans; and 6) all necessary arrangements to cover
additional costs due to the delay and construction of the interim trail. Upon
completion of the surcharge period, Centex will be responsible for the
removal of the material as indicated in the removal plans. Centex agrees
that it will attempt to reach an agreement with Xcel to cover any expense
of removing power lines to the extent attributable to the excess surchazge.
03-(�5D
If Centex does not reach an agreement with Veit & Company and
Excel by two �veeks after presentation to Centex by the City of the
revised drawin�s referenced in para�aph 4 then this License
A�reement will terminate on such date.
Centex understands that during the term of the license that Veit and
Company must be given confinued site access as needed for the trail,
construction activities. Centex also understands that it must permit site
access for the Shepard Road phase 3 and Xcel Energy's placement of the
District Energy transmission conduit and removal of existing electric
power lines, conduits and manholes.
4. Centex will be responsible for payment to the City of the following additional
expenses: 1) Design and En�ineering and Inspection costs as estimated by SRF
Consultin� Group for additional services (Estimated to be $13,000.00); 2)
Additional City administrative costs incurred by extending the completion date,
including but not limited to: coordinating with design and inspection (SRF
Consulting Group), adjacent property owners, other city departments, the Saint
Paul water utility, District Energy, Xcel Energy and the Science Museum, review
of revised drawings, field meetings and inspections. (Estimated to be $6,000.00);
3) any costs assessed to the City by a third party with a current contract or
agreement relating to the site ar an on-site utility, to the extent those costs aze the
result of the surcharge placement.
This License A�reement shall take effect upon compliance with the
conditions in paragraph two and payment by Centex to the City's
Department of Parks and Recreation the sum of $19,000.00 as
prepayment of the estimated additional costs, to be paid no later than May
27, 2003, for the right of use as specified and to cover the administrative
management of the said license. In the event additional costs exceed
$19,000, those additional sums will be agreed to by the parties and billed
to Centex and are to be paid within thirty days of the receipt of the invoice.
In the event additional costs are less than $19,000, the difference will be
refunded to Centex.
INDENINIFICATION
6. To the fullest extent permitted by law, Centex shall, and hereby does,
indemnify, save, hold harmless, and defend the City (and its officials,
employees, representatives and agents) from and against all claims, costs,
(including reasonable attorneys' fees) liabilities, losses or dama�es
actually suffered or incurred by the City (and its officials, employees,
representatives and agents) arising from or as a result of any loss, injury,
2
03- c��o
death or dama�e to persons or property arising out of the use, possession,
construction of improvements, operation or maintenance of the License
Premises or any part thereof, for Surcharge material deposit, except to the
extent that such loss, injury, death or dama�e shall be caused by or in any
way result from or arise out of any act, omission, or negligence of the Ciry
or its officials, employees, representatives or a�ents.
a. Commercial General Liabilitv Insurance. Centex shall maintain in
effect throughout the term of this License, at its own expense, commercial
general liability insurance covering the License Premises and any
improvements on the License Premises in the amount of at least One
Million Dollazs combined sin�le limit. Such insurance shall: (i) be
primary with respect to the City's insurance or self-insurance; (ii) not
exclude explosion, collapse and underground property damage; (iii) be
written on an "Occurrence" Form policy basis; and (iv) not contain an
"aggregate" policy limit unless specifically approved in writing by the
City.
b. Insurance Certificates. Centex shall supply to the City a current
insurance certificate for policy required in this section.
Centex shall be liable for any and all damages or costs to repair the
existing property, and any other improvements, caused by its use of the
subject property. Centex agrees to comply with all ardinances, laws, rules
and regulations enacted by any govemmental body or agency relating to
the control, abatement or emission of air and water contaminants and the
disposal of refuse, solid wastes or liquid wastes. Centex shall bear all
costs and expenses arising from compliance with said ardinances, laws,
rules, or regulations and shall indemnify, defend, save and hold harmless
the City from all liability, including without limitation, fines, forfeitures,
and penalties arising from the failure by Centex to comply with such
ordinances, laws, rules or regulations. City has the right to perform
cleanup and charge Centex for such costs should Centex fail to comply.
9. Centex, at the expiration of this License Agreement, shall quit peacefully
and surrender possession of the License Premises and its appurtenances to
the City in as good order and condition as the property was delivered to
Centex.
10. All notices herein provided to be given, or that may be given by either
party to the other, shall be deemed to have been fully given when served
personally on the City or Centex, or when made in writing and deposited
03 -t�5a
in the U.S. Mail, certified and postage prepaid, and addressed to Centex at
CenYex Development Co., 2728 N. Harwood, Dallas, Texas, 75201,
attention General Counsel, with a copy to Centex Homes Minnesota at
12400 Whitewater Drive, Suite 120, Minnetonka, MN 55343 and to the
City at the Department of Parks and Recreation, 300 City Hall Annex, 25
West Fourth Street, Saint Paul, Minnesota 55102. The address to which
the notice shall be mailed may be chan�ed by written amendment of this
License. Nothing herein shall preclude the giving of such address chan�e
notice by personal service.
11. This License Agreement is not transferable to any other party or entity
without prior written approval of The City and this License Agreement
shall automatically terminate on the date set forth in paragraph 1 unless an
extension is agreed to in writing by the Parties.
Dated:
Approved as to form:
Vir�inia D. Palmer
Assistant City Attomey
Director of Parks and Recreation
Centex Multi-Family Upper Landing, LLC,
a Delaware limited liability company
By: _
Name:
Title:
0