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06-1013Council F51e # j)� —/p/_3 Green Sheet #3033969 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 PAUL, MINNESOTA Presented by � � WHEREAS, the City of Saint Pau a need for space to store impounded cazs towed from city streets during snow emergencies; and WHEREAS, the Port Authority of the City of Saint Paul can license land at the Southport Indushiai Dis�ict on Bazge Channel Road ("the Premises"), and has ageed to do so. NOW. TIIEREFORE. BE I1' RESOLVED, that the City of Saint Paul is authorized to entet into the attached agreement with the Port Authority of the City of Saint Paul, wluch includes an indemuificarion clause, to license the Premises beginning Octobet 25, 2006, and continuing until Apri125, 2007, for the purpose of storing impounded cars towed from city s�eets during snow emergencies; and BE TT FURTHER RESOLVED, that the proper City officers be and hereby aze authorized to execute such agreement and any amendments, and thereby assuxne for and on behalf of the City all of the contractual obligarions contained therein. Benattav Bostrom � Adopted by Council: Date Adoprion Certified by Commcil Secretary By: Approv b : D te � By: `� Requested by Department of: By: Form Approve by City A omey $y: F. �'S . 2�` .�� Form App, ved y yor for S bmi ion to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � od -ia� 3 pW — PubHcworla Confact Person & Phone: Bruce Beese 266-6099 Doc.Type: RESOLUTION 2�� 1 Green Sheet NO: 3033969 y A55ign Number For Rauti�g Order E-DocumentRequired: Y DocumentContacC RhondaGillquist Contact Phone: 266-6070• Total # of Signature Pages �(Clip All Locations forSignature) 0 1 2 3 4 5 Departrnent SentTo Person blic Works De azhne t Di A rce or's Office Ma odAssistant m i Clerk erk 2%j Aprroval of the attached council resoluHon for a license agreement with the Port Authority of the CiTy of Saint Paul for the puqwse of storing impounded cars towed from ciTy streeTS during snow emergencies. idations: Appro�e (A) or F Planning Commission CIB Committee CiNI Service Commission Questions: 1. Has this persoNfirtn eaer worked under a contract for this department? Yes No 2. Has this person/firtn eeer been a city employee? Yes No 3. Does this persoNfirtn possess a skili rwt nortnally possessed by any current city employee? Yes No , Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why): The Port AuthoriTy of the CiTy of Saint Paul can license land adjacent to the Saint Paul Police main unpound lot location on Bazge Channel Road. Note: the license agreement will be routed on geen sheet number 3033973. Advanta,qes HApproved: This license is ideal because it provides an impound location That better serves the southern half of the city. DisadvantaaeslfApproved: None ��L,-;.. � ,��, i i . ,,. � '� � @ S�$ h 3e � � a+ "�' ��Y A P `v �.` +_^. 4' : t Disadvantages If NotApproved: Inability to take advantage of this cooperative artazigement with the Port Authority of the City of Saint Paul. ioWlAmountof g000 Transaction: Fundinp Source: FUnd 225 Financial Information: (Explafn) CasHRevenue Budgeted: y Activitv Number: 42362 & 42363 October 26, 2006 11:16 AM �. _ Page 1 0 . �v�� n� .-�oi3 TJG 10/12/06 LICENSE AGREEMENT THIS 4S Af� AGREEMENT, Dated the day of , 2006, between the PORT AUTHORITY OF THE CITY OF SAINT PAUL, a pubiic corporation organized under the provisions of Minnesota Statutes, Chapter 469 herein called "Grantor" and the City of Saint Paul, a Minnesota municipal corporation, called "Grantee". GRANTOR AND GRANTEE AGREE AS FOLLOWS: � Licensed Premises, Description and Term Grantor hereby grants to Grantee a license, subject to all of the terms and conditions herein, to occupy and use that certain land at the Southport industriai District, on Barge Channel Rd., St. Paul, Minnesota as shown attached hereto as Exhibit "A", herein calied "Licensed Premises", beginning October 25, 2006, and continuing until April 25, 2007, unless terminated as hereinafter provided. Grantee acknowledges Grantor's objective of achieving shipping-related uses on subject property as soon as possible subsequent to License expiration. � Fee Grantee shali pay Grantor Eight Thousand Dollars ($8,000.00) for this license, and Grantor acknowledges receipt of this payment. � Use The Licensed Premises may be occupied and used by Grantee for storing impounded cars towed from city streets during snow emergencies. The licensed premises will be plowed and periodically graded as necessary by the Grantee. Grantee shall not use the premises for any other commercial purpose and shail not perForm, or permit 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 Premises in any way so as to interfere with the exercise by other licensees or permittees of privileges which Grantor may give them in the Licensed Premises. Grantee shall comply with all rules and regulations, whether federal, state, county, or municipal relating to the occupancy and use of the Licenses Premises. Upon 37300.v1 U l� - /O/3 termination of this License, Grantee shalf at its expense sestore the Licensed Premises to the same condition as exists as of the date of the commencement of this License. 11�� Indemnification Grantee shall exercise its privileges hereunder at its own risk, and shall indemnify and hold Grantor harmless from and on the account of any and alI loss, damage, costs, including attorney's fees, ciaim of damage or liability arising from any accident or any occurrence causing injury or death to any person or damage to any property resulting from, arising out of, or in any way connected with the occupation or use of the Licensed Premises by Grantee to perForm fuliy its promises herein. Gra�tor shall not be liable to Grantee if for any reason Grantee's occupation or use o4 the premises hereunder shall be hindered or disturbed. V. Termination Grantor may terminate this license in the event of a materiai breach by Grantee, which breach is not cured within 30 days from the date written notice of a breach is tendered by Grantor to Grantee. To terminate this License, the Granter and Grantee establish the following Contracts: Grantor Saint Paul Port Authority 1900 Landmark Towers 345 St. Peter Street St. Paui MN 55012 Grantee Public Works Department 140 City Half 15 W. Kellogg Blvd. St. Paul MN 55102 37300.v I � C� �/Df3 vi. Assiqnment The rights granted herein may not be assigned. EXECUTED BY Grantor and Grantee as of the day first above written. AUTHORVTY OF THE CITY OF SA1 PAUL , � �� �� s ����{� CITYOFSAI TPAUL �D �J-�rC�U �� t�r BY Its Public Works if ��� ��,��� J✓� � r-e.,�.tl S� t�� �v3��`��• By Its city BY � Its Fi ancial Services Director By / Its Mayor/Assistant Account Codes: P2 225-42362-0289-22482 $4,000.00 P2 225-42363-0289-22482 $4,000.00 37300.V1 � �_ .-; , s,_ __ ._.�_�- _�... .._ . . _.:=;�t� �� > ,,. , � r � _ �s, �. x E � � ,> h` ��,•�:� �"... 'Y e > .. .�...�„ , , * �; �" =`^S�: � : _.� y ? ,�« ;.ar � � I ^ �� 1 ( y � II � � '1: { s _ !r. .Y'�'. ''} �'� �� . K` s ( r I � � z '�'�'�; f Yl 1 :� C � 4 � �� � t . ' � A � � :S , �, . e ^� � � ,� � '� Y}' 11.. . � .V v/�.� .. . i � . � . M\ ��� . � a f . ` ��ti � . � 2 '� K`�` v � `�. a'' . a N o �> L a a.. �. . 0 � N I� 01 O1 O yy r^ �� ' 1 � T . t h, �. i ..t:� :{% .� �b � a•�* ,.� . . � � �� ^vi .T- � f ' �� t� >«-C .. ., . � �. T " � ` 1Y1Y '4"l�II�Y'�'�h . � J^� A ^� � 1� w �y�' : � .: �� �, � .. . � . . ..� +.� � �,. � �" . �� . 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