05-1170Council File # l / �
Green Sheet i1 3028976
Presented By:
Referred To:
RESOLUTION
SAINT PAUL, MINNESOTA
Committee: Date
, W HEREAS, the City of Saint Paul, acting through and by its Department of Fire and Safety Services,
2 hereirtaRer calied the "City", desires to conduct various fire training exercises at the property commonly known
a as 407 Bates Avenue located in the City of Saint Paul, Ramsey County, Minnesota; and
s WHEREAS, upon information and belief, the above described properties is owned in fee by Metropolitan
s State University, 700 East 7th Street, Saint Paul, MN, 55106, hereinafter called "Owner"; and
s WHEREAS, the City desires to enter into a proposal and agreement with the Owner to conduct fire training
s exercises at the properties described above; and
,o
„ WHEREAS, the Owner has indicated a willingness to accept the Citys proposal upon the signing of an
�z agreement between the City and the Owner wherein the City will save and hold harmless the Owner from any
13 and all claims of third parties as might be asserted as the result of, and during the time of, the City's training
,a exercises conducted at tfie properties described above subject to the City's legal immunities and statutory tort
is Iimits;
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�� NOW THEREFORE IT BE RESOLVED, that the proper officials of the City are hereby authorized and directed
ia to execute such an agreement with the Owner for the purposes of permitting fire training exercises at the
�s property commonly known as 407 Bates Avenue, Saint Paul, Minnesota;
zo
zi AND BE IT FURTHER RESOLVED, that the proper officials of the Ciry are hereby authorized to enter into an
zz agreement containing language indemnifying the Owner from any and all claims of third parties as might be
za asserted as the result of, and during the time of, Citys training exercises at the address noted hereunder
za subject to the City's legal immunities and statutory tort limits;
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zs AND BE IT FINALLY RESOLVED, that a copy of said agreement shall be filed and kept as a record in the
z� Department of Finance and Management Services of the City of Saint Paul.
Adoption Certified by Council Secretary:
Requested by Department of:
ire & Safet Services
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Approval Recommended by Director of Financial Services:
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Adopted by Council: Date �/,rr,>��'� ���/��
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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Departmentloffice/council: Date initiated:
FR -F;re o2-oE�S Green Sheet NO: 3028976
Deoartment Sent To Person In" iaUDate
Contad Person & Phone: _ �
Keith MorehPZd 0 ire
��� AsSign 1 're De artmen Director
Must Be on Councii F�qenda by (Date): Number Z i Attorne �
Fof 3 ' avor's Offiice Mavor/Assisfant
Routing
Order 4 ountil
5 i Clerk CS Clerk
Total # of Signature Pages _(Clip NI Locations for Signature)
Action Requested:
Approval of the attached Council Resolution authorizing the Saint Paul Department of Fire and Safety Services to conduct various fue
iraining exercises at the property located at 407 Bates Avenue, Saint Paul, Minnesota.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has fhis person/firm ever been a ciry employee?
Yes No
3. Dces fhis person/firm possess a skill not normally passessed by any
current ciTy employee?
Yes No
. Explain all yes answers on separete sheet and attach to green sheet
Ini6ating Problem, lssues, Opportuniry (Who, What, When, Where, Why):
The Saint Paul Deparhnent of Fire and Safery Services is offered the opportunity to conduct fire training exercises as a result of the
owners' willingness to offer this property for demolirion purposes.
AdvanWpes If Approved:
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Disativantages If Approved: �.,$`�'� `��
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Disativantages If Not Approved:
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Total Amount of CostlRevenue Budgeted; 7� �`ts l,' O L�oJ
Transaction:
Funding Source: Activity Number. �{ ��°����@.��
1 8 P Atl
Financiel Information:
(Explain) ,
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FIRE TRAINING EXERCISE PROPERTY AGREEMENT
An agreement dated this ��� day of �� 2005 by and between the
City of Saint Paul, Minnesota, hereinafter called "City" and
State o£ Minnesota, by and through the Board of Trustees of
Minnesota State Colleges and Universities, on behalf of
Metropolitan State University, hereinafter individually and
collectively called "Owner".
WITNSSETH:
Whereas, the City, acting through and by its Department of
Fire and Safety Services, desires to conduct various training
exercises in the interest of instructing and enhancing its staff
in the many and varied techniques of fire suppression; and
Whereas, the training exercises involve a variety of tasks
that necessarily result in the destruction of materials and
property and include such activities as burning, sawing, boring,
axing, and chipping; and
Whereas, the City has need of a stock of existing
structures, both commercial and residential to use in its
training exercises; and
Whereas, the Owner represents that it is the fee owner of
the below described Property; and
Whereas, the Owner has generously offered the structures
located at the Property identified below to the City for the
purposes of assisting the City in its fire training, and the
City acknowledges that its activities �� mav result in the
demolition of the Property for no monetary payment to the City;
and
Whereas, the Owner acknowledges adequate and sufficient
benefit and consideration in permitting the City to enter onto
the Property identified below and the performance of fire
instruction classes; and further, acknowledges the receipt of
benefit in allowing the Owner's Property to be part of this
worthwhile and critical educational program, all without
monetary payment to the Owner for use of the Property;
Now therefore,
IT IS MUTUALLLY AGREED BY AND BETWEEN THE CITY AND OWNER AS
FOLLOWS:
I) That the foregoing recitals are incorpoiated herein by
reference.
2) That the City shall not commence training exercises until
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the Owner has completed removal and disposal of all hazardous materials
from the Property and has orovided to the Citv its written assurance that
such removal and disoosal has been completed Dursuant to law_
3) That the Owner has removed any personal property or
materials on the Property ]ocated at 407 Bates Avenue, St. Paul, Minnesota.
The Owner hereby releases the City, its officials, employees, agents or
representatives, from any and all claims or lawsuits for injury or dama;es,
direct or incidental, to the Property or personal property or materials on the
Property, on account of the work or fire training performed under this
Agreement, not attributable to City's negligence, subject to Owner's le�al
immunities and statutory [ort limits.
4) That the City, in consideration of the Owner's consent granted here�mder, will save and
hold harmless the Owner, its age�ts and employees, from any and alt claims, tiabiliry and
damages not attributable to owner's negligence, as might be asserted by third parties or City
a�ainst Owner as the result of City's training exercises at the address noted herein subject to d�e
City's lega] immunities and statutory tort limits.
5) That subject to the City's immunities and statutory tort ]imits, the City will also be
responsible for the restoration of [he premises, but only to the extent of complying with public
nuisance ordinance and not for the purpose of enhancing the premises tor any other reason or
se�ving another end and that the City, following the conclusion of the training exercises will not
save and ho]d harmless the owner from any and all claims of third parties as might be asserted
for iiability and damages arising after the conclusion of the City's training exercises at the
address above noted once notice has been given to the Owner of such conclusio� and restoration.
6) That the City will obtain any and all necessary variances, permits and consents as
may be required by law to conduct the training, exercises and the Owner has no obligation in
such matters beyond the execution of this agreement.
7) That this agreement shall commence fi�om the date this agreement has been ftilly
executed, and end six months after said date, except said °���� Sections 3 and 4 herein shall
survive termination of this Agreement.
8) City shall provide Owner a minimum of 24 hours notice before any training or burn exercise
occurs.
9)That any notices required to be �iven by either parry to the other shall be in writing and
addressed as follows:
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If to Owner:
Metropolitan State University
Attn: Ro�er Broz
700 East 7` Street
St. Pau] MN 55106-5000
Phone:651-793-1714
If to the City:
Ciry of St. Paul
Fire Department
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APPROVED AS TO FORM:
CITY OF SAINT PAUL
Assistant City Attorney
Mayor
Fire Chief
Director, Department of Finance
And Management Services
OWNER: STATE OF MINNESOTA,
BY AND THROUGH ITS BOARD OF
TRUSTEES FOR MZV!�isOTa
STP_TE COLLEGES AND UNiVERSITiES
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Metropolitan State University
Subscribed and sworn to before me this � day of �J�vz�.,�t.� � , 20 U S.
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Not Public
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