06-33Presented By:
RESOLUTION
PAUL, M(NNESOTA
Council File # I.J�R � �J
Green Sheet # 3029017
3�
Referred To: Committee: Date
i W HEREAS, the City of Saint Paut, 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
a as 11626 University Avenue North located in the City of Coon Rapids, Anoka County, Minnesota; and
s WHEREAS, upon information and belief, the above described properties is owned in fee by Ted Schmoike
s 2260 130th Avenue North, Coon Rapids, MN, 55448, hereinafter called "Owner' ; and
s WHEREAS, the Ciry desires to enter into a proposal and agreement with the Owner to conduct fire training
s exercises at the properties described above; and
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ii W HEREAS, the Owner has indicated a willingness to accept the City's proposal upon the signing of an
,z agreement between the City and the Owner wherein the City will save and hoid harmless the Owner from any
73 and all claims of third parties as might be asserted as the result of, and during the time of, the Citys training
ia exercises conducted at the properties described above subject to the City's legal immunities and statutosy tort
,s limits;
as
�� 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
is property commonly known as 11626 University Avenue, Coon Rapids, Minnesota;
zo
zi AND BE IT FURTHER RESOLVED, that the proper officials of the City 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, City's training exercises at the address noted hereunder
zn subject to the City's legai 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.
Yeas Nays Absent
eenanav ✓
Bostrom �/
Hanis ✓
Helgen �
Lantry �/
Montgomery `
Thune ✓
Adopted by Council: Date
Adoption Certified by Council
BY� //l/�i.i ��iiiv�
Approved b M or: D te J( v(�i o
By:
Requested by Department of:
Fire & Safe Services
B ����f�
Approval Recommended by Director of Financial Services:
�
` y ,.
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
FR �ire
Cordact Person & Phone:
Keith Morehead
228-6723
Must Be on Council /�qenda by (Date):
Total # of Signature Pages
Date Initiated: � ��
o�_oE�S . Green Sheet IdO: 3029017
�
Assign
Number
For
Routing
Order
(Clip Alt Locations for Signature)
Approval of the attached Council Resolurion authorizing the Saint Paul Depazhnent of Fire and Safety Services to conduct various fire
training exercises at the pTOperty located at 11626 Universiry Avenue, Coon Rapids, Minnesota.
+tlattons: Approve (A) w K
Planning Commission
CIB Committee
Civd Service Commission
CosURevenue Budgeted:
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The Saint Paul Fire Department of Fire and Safety Services is offered the opportunity to conduct fire training exercises as a xesult of the
owners' willingness to offer this property for demolition purposes.
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■. _ _
Advantapes N Apprwed:
�
�
Disadvanta9eslfApproved:
Disadvantages {f Not Approved:
`� DEC 13 2005
CiT� ��TT�R�i�Y
Q�u � � 2005
Total Amount of
Trensaction:
Funding Source:
Fi nancial I nformation:
(Explain)
0
Department SeM To Person
2 iN Attorne �r
3 avor's Office Mavo /Assistant
4 ouncil
5 i Clerk Citv Clerk
Personal Service Contrects Must Mswer the Following Questio�;
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this person�rm ever been a city employee?
Yes No
3. Does this personlfirm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on sepa2te sheet and attach to green sheet
Activity Number:
�k"py?}9 ��v la��
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(�•33
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An agreement dated this 9� day o� �tc, , 200s by and
between the City of Saint Paul Minnasota, and
hereinafter called °City° and y�io��t .�a�.,� S'� l�
(owner/s//interest holder/s(), hereinafte� individnally
and colZectively cailed "Owner"_
WITNESSETA:
Whereas, the City, acting through and by its Department of
Fire and Safety Services, desires to conduct various training
exercises in the interest oP instrneting and enhancinq its staf£ in
the many and varied techniques of fire suppressian; and
Whereas, the training exercises invo3ve a variety of tasks
that necessarily resuit in the destructian of materials and
property and inciude such activities as hurning, sawing, boring,
axing, and chipping; and
Whereas, the City has need o£ a stock of existing structures,
both commercial and residential to use in its training exercises;
and
Whereas� the Owner represents that helshefthey isJare the fee
ownar Por the below described Property; and
Whereas, the Owner has generousig of£ered the structures
located at the Property identifieB beZow to the City for the
purposes of assisting the City in its £ire training; and
Whereas, the Owner acknowledges adequate and sufficient
henefit and consideratian in permitting the City to enter onto the
Property ideati£ied below and the performance o� �ire instruction
classes; and further, acknowledgQS the receipt af benefit in
a2lowing the Owner's Property ta he part of this worthwhile and
critical educationa3 proqram; now therefore,
IT iS MUTUZiGI,Y AGREED BY ALdB BETWPEN TAE CITY AI3D pWIdER AS
FOI,I,OWS:
�-3 That the foreqoinq recitals are incorporated herein by
reference.
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�o' 33
2) That the Owner has removed any personal property or
materials �rom the Property located at /fl�b (�N,'u, d�v¢. Ai.iy. j
(address}, (herein this Agreement, the AProperty@}and free�
consents to the entry oP the City upon 'the Property, at such ti.me
or times as the City desires, without notice to the flwner of its
intention to temporari2y occupy the Property for the pnrr of
condncting wark oz fire trai.ning exercises which will or might
result in the destruction af the Property and any peisanal property
or materials on the Property_ The Owner hereby releases the City,
its o�ficiais, employees, agents or representatives, from any and
ali ciaims or iawsuits £or injury or damages, direct or irccidental,
to the Property ar personai property ar materials on the Property,
on account of the work or �ire training performed under this
Agreement.
3) That the City, in consideration of the Owner`s eonsent
granted hereunder, wi11 sava and ho3@ haxmZess the Owner from any
and a11 c2aims of third parties, other than that o� the property=s
fee owner and the fee owner=s responsibilities, as might be
asserted as the resu�t of City`s training exercises at the address
noted hereunder sabject to the City=s legal immunities and
statutory tort limits.
4} That subject to the City=s immunities and statutory tort
limits the City wilZ a2so be responsible �or the restoration of the
psemises but only to the extent o� complying with public nuisance
orc3inance and not �or the purpose of ent�ancing the premises for any
other reasan ar serving another enc3 and thet the City, €oliowing
the conclusion o� the training exercises will not save and hold
harmless the owner �rom any and all claims of thi.rd parties as
might be assertefl �ollowing the conclusion a� the City's training
exercises at the address above noted once notice has been given to
the Owner of such conclusion ancE restoratian.
5} That the City wi7,1 obtain any and all necessary
variances, permifs anci consents as may be reguired by law to
conduct the training, exercises and the Owner has no obiigation in
such matters beyond the execution of this agreement.
6) That this agreement shali be in force si% (5} months from
either or the date first written above and to be
inserted by the City`s Fire Chief.
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(�• 33
7) That any notices reguired to be given by either party to
the other shall be in writing an8 addressed as £ollaws:
If ta the ownsr/sl:
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�7aGv /30 � ,F��Q A (,c.
�` s��� /klwa f�/�1d�
ul, MN
APPROVED AS TO FQRM:
Assistant City Attorney
2� to the City:
Saint Paul Fire 1)epartznent
Saint Paul, MN
CITY OF SAIATT PAtII�
Nlayor
Fire Chief
S�scril�ed an8 swom #o before me
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IIirectox, Depastment o£ E'inance
and Managetnent ServiCes
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