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06-1018Council File # D _� Green Sheet # 3033330 Presented By: Referred To: /3 , WHEREAS, the City of Saint Paul, acting through and by its Department of Fire and Safety Services, z hereinafter called the "City", desires to conduct various fire training exercises at the property commonly known s as 2190 Stewart Avenue located in the City of Saint Paul, Ramsey County, Minnesota; and e WHEREAS, upon information and belief, the above described properties is owned in fee by Oak Grove s Realty Services/GFW Shepard Park, LLC, 2177 Youngman Avenue, Suite 300, Saint Paul, MN, 55116, � hereinafter called "Owner' ; and s WHEREAS, the City desires to enter into a proposal and agreement with the Owner to conduct fire training io exercises at the properties described above; and 1I iz WHEREAS, the Owner has indicated a willingness to accept the City's proposal upon the signing of an ia agreement between the City and the Owner wherein the City will save and hold harmless the Owner from any ,a and all claims of third parties as might be asserted as the result of, and during the time of, the City's training �s exercises conducted at the properties described above subject to the City's legal immunities and statutory tort as limits; n ie NOW THEREFORE IT BE RESOLVED, that the proper officials of the City are hereby authorized and directed is to execute such an agreement with the Owner for the purposes of permitting fire training exercises at the zo property commonly known as 2190 Stewart Avenue, Saint Pauf, Minnesota; zi zz AND BE IT FURTHER RESOLVED, that the proper officials of the City are hereby authorized to enter into an za 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, City's training exercises at the address noted hereunder ze subject to the City's legal immunities and statutory tort limits; zs z� AND BE IT FINALLY RESOLVED, that a copy of said agreement shall be filed and kept as a record in the za Department of Finance and Management Services of the City of Saint Paul. Committee: Date Yeas Nays Absent Benanav � Bostrom �/ Harris �/ Helgen �/ Lantry � Montgomery � Thune /� Adopted by Council: Date //��j��p� Adoption Certified by Councii Secretary: / � �... o.. �� .-�� r Mli � � .r �� ,�� RESOLUTION PAUL, MINNESOTA Requested by Department of: & Safetv Services By. "� \ �Vlf �S� • u Fo pprov d by City By: Appro�e y a or for B of Financial Services: to Council: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 06-�o�f ; ; Date Initiated: � FR -F;re ;�.� � Green Sheet NO: 3033330 � Confact Person & Phone: � Keith Morehead ; 725�223 on Council Agenda 6y (Dafe): Doc.Type: RESOLLfI7CN i E-DocumentRequired: Y ' DocumentContact: JillLaCasse ' ContactPhone: 228&257 vepartmeni aent�o rerson ua[e 0 �re % Assign 1 7�5re �DenartmentDirector � _�l , Number 1 Z CiryAttornev I I__ For � Routing 3 Wlavor's Office I MavodAssisfan Ofdef I 4 �Council , 5 iCiri Clerk CiN Clerk Total # of SignaW re Pages ^ (Clip Ail Locations for Signature) Approval of the attached Council Resolution authorizing the Saint Paul Deparhnent of Fire and Safety Services to conduct various fire training exercises at the properiy located at Z 190 Stewart Avenue, Saint Paul, Minnesota. or Personal Service Contracts Must Mswer the Following Planning Commission 1. Has this persoNfirtn e�er worked under a coMract for this department? CIB Commdtee Yes No CiHI Service Commission 2. Has this persoNfirtn e�er been a city employee? Yes No 3. Does this persoNfirm possess a skill rwt nortnally possessed by any currerit city employee? - Yes P7o Explain all yes answers on separete sheet antl attach to green sheet Initiating Probiem, lssues, Opportunity (Who, Whak When, lMiere, Why): The Saint Paul Department of Fire and Safety Services is offered the opportuniry to conduct fire training exercises as a result of the owners' willingness to offer this property for demolition purposes. Advantages Ifi Approved: o i � 12t106 DisadvanWges HApproved: OCT 2 3 200� Disadvantages If NotApproved: � Transaction: Funding Source: Finan cia l Information: (Explain) Cost/Revenue Budgeted: Activity Number: �C�t 1 � C�06 �� 9�� ncsi kde��r�;a Crnter October4, 20061:56PM Page1 tJ�i� f� ie LOO� _�_H9J&312005 03:05 6516448818 ST.P�D TRAINIhf6 gTl�g TRAI2TING 8%ERCISE PROPERTY AGRBF-l�NT PAGE 82 ab �/o/� An agreement dated this a�a day of �Cp�., 200ja by and between the City of Saint Paul r�ti es ta, and hezeinafter called "City" and �`FW J��e¢a,� ��'K �.� (owner/s/Jinterest holder/�/), hereinafter xndividually and collectively called "OVmer"- W I TNESSETFi : Whereas, the City, acting through and by ifis nepartment of Fire and Safety Services, desires to conduct various training exerCiaes in the interest of instsuCCing and enhancing its staff in the many and varied techniques of �ire suppression; and Whereas, the training exercises i�volve a variety of caske that necessarily �eault in the destruction of materiale and proper�y and include such aativities as burning, sawing, boring, axing,'.and chipping; and Whexeas, the City has need of a stock of existing atructures, both commercial and residential to use in its training exerci.ses; and Whereas, the Owner representa that heJshe/they is/are the fee owner for the below deacribed Property; and Whereae, the C3omer has generously offered the structiures located at the Property identified below to the City for the purposea of as5isting the City in ite fire Craining; and whereas, the Owner acknowledges adequate and sufficient benefit and conaideration in permitting the City to enter onto the Property identified below and the perforcnance of Eire inatruction clasaea; and further, acknowledge's the receipt, of benefit in al3owing the Owner�a Property to be part of thia worthwhile and critical educational pragram; now therefore, IT S$ MUTUALLY AGREED BY AND BETWEEN TFIE CITY AND OWNER AS FOLLOWS: 1) That the foregoing recitala are 9.ncorporated herein by reference. 2) That the Owner has removed any personal property or -1- ; 09i08/2006 63:05 6516448818 ST.PFD TRAINING PAGE 03 �C�-/0/� materials fzom the Property loc ted at �'� J'C�"fa� V'� S�' P"'�'�� (address), (herein thie Agreem nt, the "Px'operty")and freely$51 consents to the entry of the Cit upon the Property, at such time ar times as the City desires, notice to the owner of its intentian to temporarily occupy the Property for the purpose o£ conducting work or fire training exercises which will ar might result in the deatruction of the Property and any personal property or materials on the Property. The Owner hereby releases the City. its of�icials, employees, agents or repreaentatives, from any and all claims or lawsuit5 for injury or damages, direct or incidental, to the Property or personal property or materials on the Property, on account of the work or fire training perfoztned uncter this Agreement. 3) That the City, in consideration of the OwneY's consent ranted hereunder, will save and hold harmless the Owner from any an all claims o t ir parties, ather than that of the pro erty's fee owner and the �ee owner's responsibilities, as mig be aaserted as the result of City's training exercises at the add s noted hereunder subject to the City's legal immunities an statutbz'y tort limits. 4) That aubject to the City's immunities and statu�ory tort limits the City wi11 23so be ra5ponsible foY the restoration o£ the premises but only to �he extent of oomplying with public nuisance ordinance and not for the puxpose of enhancing r.he premiaes for any other reason or serving another end and that the City, following the conclusion of the training exercises will not save and liold harmle5s the owner from any and all claims o£ third parties as migk�t be asserted following the conclusion of the City's training eXerciaes at the address above noted once notice has been given to the Owner of such conclusion and reStoration. 5) That the variances, permits conduct the training such matters beyond City will obtain any and all necessary and conaents as may be required by law to , exercieea and the Owner has no abligation in Che execution o� this agreement. 6) That this agreement shall be in force' --' -- '`• ^« `"' ""' � a� i, a c ' _ - _ _ - _ �,..-. � a L. it.. /vv4..1.. L�� e("�1�.�..F i(1C�J [�u�- r�o� Itmi�ec� �o Ci� �CMP�o�ees anc� al( pe�'�"� p� �';ce an� S�-�e� Servtie� pe�sa�.r�1 ana er��a�e2S� 7) Tha� any notices xequired to be given by either party to the other ahall be in writing and addressed as follows: -�or �'b oc� ►�rs Da�s �rev�. ��, aoo�.� -a- . ... ��ja� �� 8g�09/2006 03:05 6516448818 ST.PFD TRAINING PAGE 94 a�-CO/$ If to the dwnerjeJ: (�ari Gro vC Qk.�� P�VICCS � S�� s�' �1 �l7 Ya�ma,t• t�ve 5�,�300 Saint Paul, MN �{1(� APPROVED AS TO FOKM: Assistant City AttoYney If to the City: �iY� G'lie-F �D�1 {'�t)1tbY1 Sa i nt Paul Fire epartment 100 �� 11�'} �ree�- Saint Paul, MN �10{ CITY OF SAINT PAUL Mayor Fire Chief Ditector, Department of Finance and Management Services o�x �+ FW S e�+-d 4�K, LLG � ^ I1ame Addreas ��-�� Y�� Sa� 34Q ST Pav)� M�,1 SSI!( Subscribed and sworn� before n, e this�_dayof 20 D(o . � �o ��---- — xotary Pu ic gEVERLY R. BER4UAM nnesota �y � �ns,w� s+. smo -3-