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06-203Council File # _�(��� Green Sheet # 3029724 RESOLUTION CITY �, MINNESOTA Presented �� 1 WHEREAS, the City of Saint Paul does possess fee simple title to a 60-foot wide right-of- 2 way located south of Arlington Avenue and west of L'Orient Sireet in Saint Paul (PIN 3 19.29.22.42.0017 and PIN 19.29.22.42.0019 (the "Property"), such possession of title being 4 for benefiYOf the Board of Water Commissioners of the City of SaintPaul (the "Boazd"); and WHEREAS, Bix Produce Company, LLC, a firm operating a produce wholesale business adjacent to the Property at 1415 L'Orient Street (`Bax"), desires to expand its operations at said location, but by doing so would not have adequate employee puking space; and 10 WI3EEREAS, Boazd staff drafted a Pernut Agreement which allows Bix to construct a 11 parking lot within the Property for such employee parking needs in exchange for Bix 12 providing a11 property maintenance required therein, and which provides that all operations 13 of the Board take precedence over Buc operations; and 14 15 WIIEREAS, the Boazd did adopt Board Resolution No. 5073 which approved said Permit 16 Agreement and requested that the Honorable Council of the City of Saint Paul, as possessors 17 of tifle to the Property for benefit of the Board, likewise grant approval; now, therefore, be it 18 19 RESOLVED, that the Pernut Agreement between the Board of Water Commissioners of the 20 City of Saint Paul and Bix Produce Company, LLC, allowing the construction of a parking 21 lot within the Board's Low Service right-of-way south of Arlington Avenue and west of 22 L'Orient Street in Saint �aul is hereby approved, and that the proper officers are hereby — 23 authorized to execute said Pernut Agreement on behalf of the City of 5aint Paul. Yeas Nays Absent Benanav ' Bostrom � Harris ,� Helgen , Lantry ` Montgomexy � Thune � / Adopted by Council: Date /v/�(��/. �00/__ � Adoption Certified by Councfl Secretazy By: ����T �i��Sisn Approved by or ate �o By: Requested by Deparhnent of: Saint Paul Re¢ional Water Services �,��� � � Form Approved by City Attorney By: �/�Sc� C�, .F-c.�.✓ Approv y ayo or Su - ssi to Council By: _ � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � . . (�Y _-�d� Departmentlo�celcouneil: Date Initiated: � � wA Wa�U�ty 14FEB-O6 Green Sheet NO: 3029724 Contact Person & Phone: Deoartment Sent To Person InitiaVDate Steve Schneider � 0 ater Ua1i 66274 Assign 1 aterUtili De artmentDirector � I Must Be on Councii Agenda by (Oate}: Number 2 � � For Routing 3 or'sOff'ce Ma or/Assistant � ' Order ' 4 ��� 5 ' Clerk Ci Clerk Total # of Signature Pages (Clip All Locations for Signature) Action Requested: . Adoption of Council Resln approving a Permit Agant with Bix Produce Co LS.0 to provide for consttuction of a pazking lot within the Boazd of Water Commissioners Low Service right-of-way located south of Arlington Ave and east of L'Orient St in Saint Paul. Attachments: 1) Locaption Map 2) Staff Report 3) Proposed Council Resln. 4) Board Resln. No. 5073. Recommendations: Approve (A) or Reject (R): Personal Serviee Contracts Must Answer the Follawing Questions: - Planning Commission 7, Has this person/firm ever worked under a contract for this department� CIB Committee Yes No Civil Service Commission 2. Has this�personlfirtn ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city empldyee? Yes No , Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportuniry(Who, What, When, Where, Why): Bix needs room for employee paxking if it is to expand its business at its Saint Paul locafion. i ,�� ( !3f`F ..-.-- y -.�,� � :•,,,_ , � � � ��� i f � ����� ..�� AdvantapeslfApproved: � Local business is able to expand. ��- �� ;, ;��,,,;i `eu'e'�� 3 f„ �� _ � ��, � � DisadvantaqeslfApproved: Disadvantages If Not Approved: Local business must expand elsewhere. - - FEE 1 B ZQDS Total Amount of CosilRevenue Budgeted: � Transaction• . Fundinp Source: Activity Number: R °��^'� ���'��""Yb �' hb1'�s ..-.".•�• Financial I nformatio n: (Explain) ��� A � 6 ���� Staff Renort Febmary 10, 2006 Permit Agreement with Bix Produce Company, LLC to provide for construction of a parking lot within the Board of Water Commissioners Low Service right-of-way located south of Arlington Avenue and west of L'Orient Street in Saint Paul. The Boazd of Water Commissioners is seeking City approval of a long-term pernrit agreement which will allow Bix to use a portion of the Boazd's I.ow Service right-of-way for a parking lot. The Pernut Agreement was approved by the Board at its January 10, 2006 meeting. Similar to the 2003 pernut agreement with FratYs Land Company (dba Frattalone Companies) in Little Canada, the proposed permit agreement contains the following pertinent conditions: 1. Term is 20 years, and will automatically renew for an additiona120-yeaz term if Bix is not in default. 2. In exchange for the permissions granted in the Agreement, Bix will provide all maintenance of the 1,200-foot long, 60-foot wide I,ow Service right-of-way from Arlington Avenue to L' Orient Street, as shown on attached Exhibit A, page 2 of 2. This will make it no longer necessary for utility crews to trailer equipment to that segment of the right-of-way and maintain it. 3. Board activities take precedence over all others. See the following attachments: ➢ Location Map ➢ Exhibit A, (page 2 of 2) ➢ Permit Agreement Of�-2�3 BOARD OF WATER COMMISSIONERS RESOLUTION — GENERAL FORM No- 5073 coMMissEO° Zanmiller DATF Januarv 10, 2006 WFIEREAS, for benefit of the Board of Water Commissioners, the City of Saint Paul does posses tifle to a 60-foot right-of-way lying in the Southeast One-quarter (1/4) of Section 19, Township 29 North, Range 22 South, in Ramsey County, said right-of-way containing the Board's 30-inch Low Service water main; and Yeas WHEREAS, Bix Produce Company, LLC has requested pemussion to construct and maintain a pazking lot over a portion of said right-of-way adj acent to its properry located at 1415 L' Orient Street in Saint Paul, so that it may expand its business at that location; and WHEREAS, staff has reviewed and approved plans foz said proposed construction, and has prepared a Pernut Ag� outlining terms and conditions under which the pazking lot may be constructed and used, including the provision that Bix Produce Company, LLC shall maintain that portion of said right-of-way situated between Arlington Avenue and L'Orient Street during the term of said Permit Agreement; and WE3EREAS, the assistant city attorney has review and approved said Permit Agreement as to form, and staff does recommend approval of said Permit Agreement; now, therefore, be it RESOLVED, that the Permit Agreement between the Boazd of Water Commissioners and Bix Produce Company, LLC allowing the construction of a parking lot on a portion of the Board's I.ow Service right-of-way adj acent to property owned by Bix Produce Company, LLC is hereby approved, and that the proper officers are hereby authorized to execute said Permit Agreement on behalf of Boazd; and, be it FURTHER RESOLVEA, that the Honorable Council of the City of Saint Paul is hereby requested to approve said Pernut Agreement and to authorize the proper officers of the City of Saint Paul to execute said Permit Agreement on behalf of the City. Wster Commissioners Vice President President Anfang Nsys Kleindl Montgomery Zanmiller Harris �.� Adopted by the Board of Water Commissioners January 10, 20 06 In favor 5 Opposed_ � �� secY. � (� -�a3 PERNIIT AGREEMENT TffiS AGREEMENT, made and entered into this 10`" day of January, 2006, by and between the BOARD OF WATER COMNIISSIONERS OF THE CTi'Y OF SAINT PAiTL, a Minnesota municipal corporation ("Boazd"), and BIX PRODUCE COMPANY, LLC, a Delawaze limited liability corporation, whose address is 1415 L'Orient Street, Saint Paul, Minuesota, 55117 ("Permittee"). WITNESSETH: That the Board, for itself, its successors and assigns, and Permittee, for itself, its successors, heirs and assigns, do hereby agree as follows: 1. Pemuttee, owner of the property described in E�ibit A, attached hereto and incorporated herein (the "Propert�'), is hereby permitted to consiruct and maintain landscaping and hazd surface pazking lot improvements upon the Board-owned land described in Exhibit A(the "Premises"), in accordance with Pope Associates, Inc.'s plans and specifications on file in the o�ce of the Board and Permittee ("West Addition Plans"), and as shown generally on Exhibit B, attached hereto and incorporated herein, and in respect to the following: a. No work shall be performed by Pernuttee on the Premises until the Board's Saint Paul Regional Water Services Engineering Division has provided written approval of all West Addition Plans pertaining to work within the Premises. b. Pernuttee shall arrange a pre-conshucrion meeting with the Boazd's Vadnais Supervisor ("Boazd Supervisor") prior to mobi&zafion of conshuction work. c. Where construcrion of, permitted parking lot requires the removal of more than six (6) inches of cover within ten (10) feet of the Boazd's 30-inch public water main ("Water Main"), Pernuttee shall not proceed with said removal until approved by Board Supervisor. Removal which produces a final cover over the Water Main of less than four (4) feet shall require the construcrion of a reinforced concrete protecrive mat, as shown on Exlubit C, attached hereto and incorporated herein. d. All work performed within the Fremises, including but not limited to, location, materials, equipment and consirucrion pracrices, shall be subject to approval by Boazd Supervisor. 2. Permittee shall pay to the Boazd the sum of $500 as reimbursement for administrarive and inspecuon costs. 3. Routine operations of the Boazd shall take precedence over all Permittee acfivity included in this Agreement. 4. All permitted work, including but not limited to, location, materials and conshucrion practices, shall be subject to approval by Boazd Supervisor. V:�ENGINEERING\CLERICAL�BOARD�.SGREEMENTS�PERMP1lBIX PARKING LOT O1-10-OS.DOC O!�'�3 5. During the term of ttus Agreement, Permittee shall maintain the Premises in good condition and keep the same free from litter or other objectionable matter. Permittee shall also provide landscape and turf maintenance of the Premises in respect to the following: a. All such maintenance work shall be performed in accordance with Boazd standards, as determined and approved by Boazd Supervisor. b. In the event such maintenance work is determined to be below Board standazds, Boazd Supervisor shall provide written notice to Permittee of such deficiency and Permittee shall have seven (7) calendaz days to remedy said deficiency. c. In the event that Permittee does not sa6sfactorily remedy said deficiency, as determined by Boazd Supervisor, within seven (7) calendaz days, Boazd Supervisor may direct Boazd forces to remedy the deficiency and Permittee shall pay the Boazd all costs incurred to provide said remedy. 6. Permittee shall notify Board Supervisor at least 48 hours in advance of pernutted conshucuon activity so that water main locarions can be provided and inspection of the construcrion can be performed on behalf of the Board. Boazd Supervisor may be reached at 651-766-4150 (office) or 651-775-6188 (cell). 7. The Board shall have the option and authoriry of assigning its inspector or mspectors to the site at any time or times and for such periods of Time as the Boazd or its Board Supervisor deems necessary or expedient for the safery and protection of employees or works of the Board or of other persons or property whomsoever or whatsoever because of any condition arising out of said proposed conshucrion or from acts or operations of Pernuttee in the construction operations within said Premises. 8. It is understood and hereby agreed by and between the parties hereto that any plans or data supplied by the Boazd or its Boazd Supervisor in respect of but not necessarily limited to works of the Boazd or of others located within or adjacent to said Premises aze approximations only and that the Board explicidy does not guazantee any said plans or data to be either complete or correct. 9. Exireme caurion shall be exercised when operating equipment over the Water Main. 10. The use of explosives of any kind or for any purpose whatsoever within and adjacentto the Premises, including ammunifion in hand-held impact-driven tools, is expressly prohibited. 11. Permittee shall neither make any excavations nor alter any works or improvements within the Fremises nor install any improvements therein other than as expressly provided for in this Agreement, except with and according to the Boazd's written consent thereto. 12. Permittee shall plant no trees, hedges or lazge shrubbery within the Premises without prior written approval of Board Supervisor, and the Board reserves the right to remove same if planted without said prior approval. V:�ENGINEERING\CLERICAUBOARD�AGREEMENTS�PERMIT�BLX.kARKING LOT_O1-10.05.DOC p� ��,a3 13. Permittee shall not damage or obsffuct or cause any interference or otherwise damage said Premises or any improvement or works of the Board or others located therewithin, thereupon or thereunder and Pemuttee shall pay for or otherwise make good to the sarisfacrion of the Board any damage caused to said Premises or to any improvement or works of the Boazd by Permittee. Any repair or replacement of works of the Board which might be damaged, desizoyed or rendered unsuitable to the purpose thereof by any reason arising out of acts of Permittee shall be accomplished by the Board with its own forces or by its contractor, as the Boazd may elect, and by use of materials fumished by the Boazd or its contractor as hereinafter provided, all at the cost and expense of Permittee_ 14. The Boazd reserves to itself the right to install additional works within the Premises and to continue maintenance of existing works located therein. Should it be necessary that the Permittee's works or improvements be removed or damaged as a result of the Board's operarions, all replacement or modification costs to restore the Permittee's works or improvements shall be borne solely by Permittee. 15. Permittee shall forever indemnify and save harmless, protect and defend the City of Saint Paul and the Board, their employees and agents, from any or all liabiliry, suits or demands, including ioss of use, arising out of the construction, maintenance, repair of Permittee's unprovements permitted by this Agreement. Tlus provision shall not, however, apply where such bodily injury or property damage is caused by the sole negligence of the Ciry of Saint Paul or the Boazd, their employees and agents. 16. During pernutted activity, Permittee or Permittee's contractor shall take out and maintaiu comprehensive public liability (including automobile) insurance for and on behalf of Permittee, the City of Saint Paul and the Board of Water Commissioners as additional insured, protecting the parties from claims for damages and bodily injuries, including accidental death, as well as from claims for damage to property owned by the B oard, which may arise from operations incidental to this Agreement, including coverage for damage to shuctures of any kind or underground shucture of any ldnd, of whether such operations be by Pemuttee or by any contractor or subcontractor or by anyone directly or ind'uectly employed by either of them. Such insurance shall also include contractual liabiliry coverage and shall insure the liability assumed by Permittee under the indemn�cation clause contained in this Agreement. The minimum amount of such liability insurance shall be as follows: a) Bodily injury insurance (including death) in an amount not less than $1,000,000 for all damages arising out of bodily injuries to or death of one person, and subject to the same limit for each person in a total of not less than $2,000,000 on account of any one occurrence. b) Properry damage insurance in an amount not less than $1,000,000 for all damages to or destruction of property in any one occurrence, and subject to that limit per occurrence; fiirther V:�ENGINEERING\CLERICAL�BOARD�AGREEMENTS�PERMIT�BI�PARKING IAT_O1-10-OS.DOC O(�-��3 subject to a total of not less than $2,000,000 for all damages to or destruction of property during the policy period. All insurance shall include the provision that it cannot be altered or canceled except upon thirty (30) days written notice to the Boazd, and such insurance shall meet with approval of the Ciry Attomey of the City of Saint Paul. Acceptable written proof of insurance shall be delivered to the Board well in advance of the time contemplated for commencing any operarion pursuant to this Agreement and no operations shall be commenced, carried on, continued or permitted except after the Board has given Permittee its written approval of said insurance, and said insurance so approved is in force and effect. 17. The obligations of Permittee hereinabove set forth shall not be extinguished or modified in any respect by reason of the fact of any insurance taken out in pursuance of other pertinent provisions of this Agreement. 18. The exercise of privIleges granted in this Agreement shall be without cost or expense to the Board and shall be subject to inspection and approval by Board Supervisor. Any such costs or expenses incurred by the Board 'm excess of the permit fee amount shall be paid by the Pernuttee. 19. The granting of pemussions contained in this Agreement creates in the Permittee no property rights. 20. If Pemuttee defaults in the performance of any of Permittee's obligations under this Agreement, the Boazd may, after written notice to the Permittee, suspend performance of its obligations under this Agreement, and the Boazd may take the following acrions: a. terminate this Agreement; or b. initiate a civil action to compel Pernuttee's specific performance of Permittee's obligations under this Agreement provided that Board commences such acrion within six (6) months of the date of Permittee's default. In any such action for specific performance, Board may recover Boazd's attorneys fees and costs; or c. take whatever acrion at law that may appeaz necessary or desirable to Board; and seek damages on account of such default together with costs and attorneys fees incurred on account of such default. 21. Perruittee agrees to abide by all applicable federal, state and local mles and regulations governing the performance of the acuvity hereby permitted. 22. This Ageement shall expire on December 31, 2023. However, this Agreement shall automaucally renew for one addifional tv✓enty-year term, unless Permittee is in default of any of the terms or condirions of V ��ENGINEERINGICLERICAUBOARD�.SGREEMENTS�PERMTT�BIX_PARKING LOT_O1-10-OS.DOC 4 r����vJ � this Agreement, or unless Permittee notifies the Boazd of its intention not to renew prior to commencement of the renewal term. 23. This Agreement may be terminated by eiiher party upon sixty (60) days written nouce to the other party for the following reasons: a) By Permittee wiThout cause. b) By the Board, in the following situauons: 1) Permittee ceases to provide maintenance of the Premises, as described in Section 5 of this Agreement, or 2) L7se of the Property or the Premises by the Permittee changes in such a way that the Boazd, in its sole discrefion, determines it is no longer in its best interest to grant the permissions contained in this Agreement. 24. Pernuttee agrees that upon its abandonment of the pernutted parldng lot by either expirarion or ternunation of this Agreement, Pemuttee shall leave the Premises in a condition equal to or exceeding that which existed prior to construcuon of pernutted improvements and activiries. 25. It is intended that the permission granted herein and the obligations set forth herein shall run with the Premises, and shall be binding upon the Pernuttee, its heirs, successors or assigns and upon the Boazd, its successors or assigns. [The remainder of this page left intentionally blank.] V:�ENGIlVEERIlVG\CLERICAUBOARDW,GREEMENTS�PERMTIIBIX PARKII�iGLOT O1-10-OS.DOC o �-�.� IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be executed the day and year first written. Approved: Stephen P. Schneider, General Manager Saint Paul Regional Water Services BIX PRODUCE CO ANY, LLC By� cr�t> Di,c��t� G � �r���,q_�_ Tc� G.��O. BOARD OF WATER CONIlVIISSIOINERS OF THE CITY OF SAINT PAUL �'�l Pahick Harris, President Approved as to form: Assistant City Attorney Ciry of Saint Paul � Janet Lindgren, Secretary CITY OF SAINT PAUL, NIIl�iNESOTA Mayor City Clerk � Matthew G. Smith, Director Office of Financial Services V:�ENGINEERING\CLERICAUBOARDIAGREEMENTS�PERMPiIBIX PARKING LOT 01-10-OS.DOC (�(�-J�3 Permittee's Property Description I,ot 1, Block 1, ARLINGTON BUSINESS PARK, according to the recorded plat thereof on file at the Register of Deeds, Ramsey County, Minnesota. (PIN 19.29.22.42.0018) Board's Premises Description A sixty foot (60-foot) strip of land across Lots 3 through 18 and Lots 23 tYuough 29, J.W. BASS GARDEN LOTS, according to the recorded plat thereof on file at the Register_ of Deeds, Ramsey County, Minnesota. (PIN 19.29.22.42.0017) together with Outlot A, t1RLINGTON BUSINESS PARK, according to the recorded plat thereof on file at the Register of Deeds, Ramsey County, Minnesota. (PIN 19.29.22.42.0019) Exhibit A 1 of 2 V:�ENGINEERING\CLERICAUBOARDWGREEMENTS\PERMIT�BIX_PARKING LOT_01-10-0S.DOC '� p���� Exhibit 6 D�'�° PLAN VtEW �tzs - z� o.c.. 5 /n'� � 6ARS - 4' "A" �--- � OF COtJDUtZ' "A" � 0 SECT►oN 'A"=A' _ _.__ REttitFoR.GED Coe1C. MAT - � - MItJIN1UIH CLEA2ANGE_ 6Ej. '(oP OF Cat�DU+'=' Ar1D Ss>Z'�'ot� oE htAj = I.O! -- - ■� Exhibit C DFt. TC-iJ . TR. ' SCALE 1�1 ON E_.. WATER DEPAI�TMENT-CITY OF ST. PAUL, MiNN. cH. �c� ZO !9'1> ApF'ROYE6 8 2E1►.!F'OiZ.Gt.D GOl,L,(�,�� MQT � REVISIONS D�IVEWA�( bVE� WATEfZ GQti1DUIT� -----_ - , i, - - . , .. .. _ ' �S r�erc.esSar�7 .