03-723Return copy to: e.c.
Real Estate Division
140 City Hall
Presented By
Referred To
CI�Y SAI
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7�3
Council File # �'�'�
Green Sheet # o���a�
MINNESOTA
Committee: Date
3�
WHEREAS, Comcast of St. Paul, Inc. has requested a license to occupy and use a twelve inch wide strip
within the Watergate Marina sufficient for the purpose of instaliing, operating and maintaining a fiber optic
communication cable serving 142 slips; and
s WIIEREAS, the Parks Board has approved granting of said license, which is subject to Pazagraph 13.01.1. of
6 the City Charter, requiring reimbursement at full market value for diminution of park property;
s BE IT THEI2EFORE RESOLVED, that the proper City officials, upon receipt of full market value as
9 established by an independent properry appraiser plus the cost of the appraisal, are hereby authorized and
io directed to grant to Comcast of St. Paul, Inc. a license to occupy and use a twelve inch wide strip within the
i� Watergate Marina for the stated purpose.
iz
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Shee
i DepactmeoUofficelcouncil: � Date Initiated:
I TE — TecNnologyandManagementServ i 77JUL-03 � Green Sheet NO: 204120
i
� CoMad Person hone: I I Deoartrnent Sent To Person Initial/Date
1 Petef WhitC ' � I 0 Technoloev aod Manaeement S � /
/
I 6-8850 pu�yn 1 �Cl'ri Attomev I MeeLan Rilev i m ,, � L m � � ��d y 3
� Must Be on Couneii Agenda by (Date): Number � Z echnWosv and ManaQementS � Dirutor 4 b�4 �/f `���j
i
i I Routing I 3 N'lavor•s Office I MavodAssistant v" �
I Order � 4 '�Council I
5 'fv Clerk I Ci Clerk �
� Total # of Signature Pages _(Clip AII Locations for Signature)
Action Requested:
To approve a request by Comcast of St. Paul, Inc. for a license to occupy and use a one foot wide strip of land within the Watergate
Marina for the purpose of installing, operating and maintaining a fiber op6c cable to provide cable communlcafions to 142 slips. ReE
1. Resolution for considerauon; 2. Copy of Pazk Boazd Resolurion supporting license; 3. Copy of License Agreement and drawing. I
I
Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following 4uestions:
Planning Commission 1. Has this personffirm ever worked under a contract for this department?
CIB Committee Yes No
Givil Service Commission 2. Has this perso�rm ever been a ciry 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): I
Comcast of St. Paul, Inc. would like to provide cable communications to the slips in the Watergate Mazina.
Advantages If Approved:
The slips in the Watergate Marina wouid have cable service.
JUL � 4�_ 2QQ3
Disadvantapes It Aaaroved: �..g 8 `j, 1 Y P1 9 4� R 1 V E Y i
None ! I
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DisadvanWges IfNotApproved: � � . � � �T . � , ������� �� ��'�#��
Slips would not be served.
�UL 2 3 2�03
Total Amount of 2�� CosURevenue Budgeted:
Transaction:
Fundinp Source: (�/q Activity Number: N/A
Financiai Information: $1,400 would go to pazks replacement, and $1,000 would reimburse cost of appraisal.
(Ezplain)
i I
03-��
.
Sa paul Parks ana Recreation Commission
300 Ciry Hal] Anncx, 25 �Y. 4�h Strect, Saint Paul, MV SS102 -(b51)266-6A00
RESOLUTION 03-15
WHEREAS, the Saint Paul Parks and Recreation Commission is an appointed body established
to advise the Mayor and City Council on long-range and city-wide matters related to Parks and
Recreation; and
WHEI2EAS, the Saint Paul Parks and Recreation Commission is committed to providing quality
recreational facilities for the citizens of Saint Paul; and
WHEREAS, the Saint Paul Parks and Recrearion Commission recognizes the importance of
working with many community groups and organizations to accomplish the goal of providing fac{lities
and programs; and
WHEREAS, Saint Paul Parks and Recreation has entered into a management agreement with
Allied Management to manage the Watergate Marina; and
WHEREAS, Allied is interested in having Comcast Cable Company provide cable services to the
renters of dock slips at Watergate Marina; and
WHEREAS, in order £ox Comcast Cab1e Company to hook up cable services to the Watergate
Marina it must run cable underground at the Watergate Marina; and
WHEREAS, the preferred routes for laying cable would require a license to occupy and use a
twelve inch wide strip along the paths indicated on the attached page; and
WHEREAS, Comcast has agreed to reimburse Parks and Recreation at full market value for
diminution of park property; as required by Paragraph 13.011 of the City Charter.
BE IT RESOLVED, that the Saint Paul Parks and Recreation Commission supports and
recommends authorization by the Saint Paul City Council to grant a license to the Comcast Cable
Company to occupy and use a twelve inch wide sh along specific routes in the Watergate Marina.
Adopted by the Saint Paul Parks and Recreation Commission on (date): Sulv 9, 2003
Approved: Yeas 5
Nays 0
Absent: 3
Resolution 03-15 Attested to by: � 4�
Staff to the Parks and Re¢� tion Commission
g: ldivlwplparkscommission Iresolaetions 12003103-1 Scomcastlicensewatergate
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Revised
Authority (C.F. or AO.)
LICENSE NO.
FINANCE DEPT. LICENSE I30. PRi62
DATE: 7ulv 15. 2003
GRANTOR CITY OF SAINT PAUL
REAL ESTATE DIV�SION
GRAN1'EE: COMCAST OF SAINT PAUL. INC. C� OF SAINT PAUL
STANDARD License
10 River Pazk Plaza AGREEMENT
Saint Paul Miimesota 55107
This document is an agreement between the City of Saint Paul, a Mnnesota municipal corporation, herein
called "Csrantor", and Comcast of Saint Paul, Incotporated, herein called "Grantee". Grantor and Grantee
agree as follows:
[1] Premises. The-Grantor hereby grants to Grantee the premises hereina.fter referred to as the
"Premises," known as the Watergate Marina, whose address is:
2500 Crosbv Farm Road Saint PauL Minnesota 55116
See Eachibit "A", plan or map of licensed area which is incorporated herein by this reference.
[2] Term of License. This License Ageement shall become effective upon the date of execution and
shall continue in perpetuity, unless termivated as hereinafter provided.
[3] Fee. As payment for the Premises and in consideration for all covenants, represemations and
conditions of this License, Crrantee agrees to pay to Grantor, witlun 15 days of receipt of a copy of
the appraisal, the one-time sum of $2,400.00 representing the appraised value of the rights hereby
granted ($1,400.00j plus the cost ofthe appraisal ($1,000.00).
[4] i3se of Premises. The Grantee shall use and occupy the Licensed Fremises for the following purpose:
To construct, operate and maintain an underground cammunications transmission cable (fiber optic
cable) as shown on Eachibit A, £or the purpose of providing communications services to 142
residential units (slips) and for no other purpose without the prior written consent of Grantor.
Gzantee shall install (if bonded and licensed to do so) or cause to be installed by a bonded and
licensed coutractor, a communication transmission cahle of certified professional industry standazd.
The cable design and location shall be approved by the Director of Public Works and Director of
Parks and Recreation. Grantee shall not use the Premises for any other commercial purpose and shall
nat perform, or pemut any of its guests, invitees or licensees to perform any disorderly conduct or
commit any nuisance, either public or private on the Licensed Premises, or to use the Licensed
Page 1 of 4
D3
Premises in any way so as to interfere with the exercise by other licensees or permittees of privileges
that Crrantor may give them on property bordering the Premises. Grazrtee shall comply with all rules
and regulations, whether federal, state; county or municipal, relating to the occupancy and use of the
Licensed Premises.
[Sl Insurance.
(A) Grantee's Insurance. The Grantee andlor the Grantee's contractor shall adhere to the
following in.c�._ran� requirements:
(1) The Grantee shall be responsible for the self insurance of, or the acquisirion of
Commercial Property Insurance on, its personal property.
(2) COl�Ilb1ERCIAL GENERAL OR PUBLIC LTABII,TTY INSURANCE including
blanket cornractual liability coverage, personal injury liability coverage with a
combined single limit of not less than $1,000,000, per occurrence, $2,OOQ000
aggregate, and broad form property daxnage liability endorsement with a combined
single limit of not less than $I,Q00,000, per occurrence, $2,0�0,000 aggregate, shall
6e purchased by the Grantee. Such inswance shall: (a) name the City of Saint Paul as
additional insured; (b) be primary with respect to Crrantor'S insurance or self-insurance;
(c) include an "all services, products or completed operarions" endorsement ,(d) not
exclude e�losion, collagse and underground progerty damage; (e} be written on an
"Occurrence" Form pokcy basis; and ( fl not contain an"aggregate" policy limit unless
specifically approved in writing by Grantor.
(3) AUTOMOBILE LIABILITY INSURANCE with minimum limits of $500,000
property damage and $1,000,000 per person,$2,OQ0,000 aggregate limits, covering
hired, non-owned and owned automobiles.
(4) WORKERS'COMPENSATIONINSURANCEwithnotlessthanstatutoryminimum
limits; and EMPLOYERS' LIABII,TTY INSURAI3CE with minunum limits ofat least
$500,000 per accident, $500,000 per employee and $500,000 per disease, with an all
states endorsemem.
(5} The Grantee shall supplyto Crrantor current insurance certificaxes for policies required
in Pazagraph (5}. The said certificates shall certify whether or not the agent has errors
and omissions insurance coverage.
(6) The limits cited under each insurance requirement above establish minunums; and it
is the sole responsibiliry ofthe Crramee to purchase and maintain additional insurance
that may be necessary in relation to this license.
(7) Nothing in this contract shall consritute a waiverby the Grantor of any statutory limits
or exceptions on liability.
(8) Granteeshallplacetheinsurancewithresponsibleinsurancecompaniesauthorizedand
licensed to do business in the State of Minnesota and approved by Grantor, and shall
deliver copies of the policies to Grantor on the date of Grantee's execution of this
Page 2 of 4
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agreement. The policies required in paragraph (� shall be endorsed to indicate that
the insurer cannot cancel or change the insivance without first giving the Grantor 30
days' wsitten notice.
(9) Insurance limits shall be subject to the tort claims liability limits as set forth in cLapter
466 ofIvTinnesota Statutes.
j6] Cancellation or Termination.
(A) This license shall be subject to cancellation and temunation by Crrant at any time during the
term hereof by giving the Grarnee notice in writing at thirty (30) days written notice to
Grantor.
(B) This License may be temvnated by Grantor only for good cause and upon giving ninety (90}
days written notice to Grantee of such temvnation, including a detailed eicplanation of the
good cause for such termination.
�) Upon tenninatian, Grantor may require (subject to available funds) Grantee to remove all or
part af the facilities installed. In the event that Grantor requires the removal of, or Grantee
elects to remove, all or part of the facilities Grantee shall have three hundred and sixty (360)
days to remove such facilities from the Premises and Grantor's property.
[7] Access. This grant of License shall include the right of Grantee to reasonable access to the Licensed
Premises across other adjacent properties of the Grantor.
j8] Restoration. Upon completion of construction and after any ensuing maintenance or repair work
on the Premises, the Grantee shall at its expense restore the affected Premises, exclusive of those
areas actually occupied by a struchue or equipment, to substantially the same condition as e�si8sted
prior to such construction, maintenance or repair.
j9] Pollution and Contaminants. Grantee agrees to comply with all ordinances, laws, rules and
regularions 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.
[10j Registration. Grantee agrees to register its facilities in the Premises with Gopher State One Call.
Grantor agrees to require any parties intending to excavate in the area surrounding the Premises to
contact Gopher State One Call to locate and protect Grantee's facilities.
Page 3 of 4
�'�-�l'L3�
IN WTINESS WHEREOF, the parties hereto haue set their hands and seats the day and year inthis License
first above-written.
Grantor:
Mayor
City Clerk
Director — Office of Financial Services
Department Director
City Attorney (Form Approval)
Grantee:
Its
Its
Its
Page 4 of 4
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