06-603Council File # Oro—�v0 3
Green Sheet#3030881
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PAtlL, MINNESOTA
Presented by
WHEREAS, the Ciry CouncIl of the City of Saint Paul, Minnesota, as previously adopted in its resolufion CF No. 03-991
authorizing and approving a lease a�eement with the Saint Paul Port Authority to build Fire Starion No. 8 and use City
resources to pay for the consfrucrion of the project; and
WIIEREAS, the construction of that properry also includes a pazking ramp lmows as the Cedaz Sh�eet Ramp, located at
Minnesota Street and I 1`" Street in Saint Paul, Minnesota, leased by the City of Saint Paul (Licensee) from the State of
Minnesota (Licensor);
WHEREAS, the City of Saint Paul desires to use a portion of said Ramp for the purpose of �lacine trash recentacles for waste
disuosal: as is outlined in attached License, and including the terms:
The agreement is five (5) years commencing on May 1, 2006 and continuing through Apri130, 2011;
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Licensee shall place and use three (3) 96 gallon receptacle containers on the south side undemeath the entrance ramp on
the main level of the Cedar Sh Ramp, as shown on the map attached to the License as E�ibit A;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Saint Paul, Minnesota, as follows:
1) The license, known as State of Minnesota License No. LI-180, is approved in the form attached, as previously
reviewed by City staff and counsel;
2) The necessary City signators aze hereby authorized and directed to execute Uae License Agreement.
Requested by Depazhnent of:
/ill:. � � /
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Adoption Certified by Council Secretary
By: ! ' �
Approved by M r: Da -�
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
06l�03
DepartrnenUoffice/wuncil: Date Initiated:
Qw -�,v�W� ,�'` Z.�Y.� Green Sheet NO: 3030881
ConfaM Person & Phone:
Da�e Ndson
Council Agenda by
CoNractType:
RE-RESOLUf10N
��
Number
For
Routing
Order
2 If'it Attoroe I 7pdvA uo �
3 ue F Ched
4 a or• or's ce
5 'vic e ter Ci CouncJ
6 erk Gti lerk
ay
Toql # of Sign Pag �_ ( Clip NI Locatio for SgnaNre)
Action Requested:
Execute License Agreement for City F'ue Deparknent use and placement of trash containers at Cedar Street Ramp, at Minnesota and
l lth S4eets.
k�commendations: App�o�e {A) os F
Planning Commission
CIB Committee
CiHI SeMCe Commission
(R):
Following Questions:
1. Has this persorJfirtn e�er wixked under a contract for this departmeM?
Yes No
2. Has this person/firtn eeer been a city employee?
Yes No
3. Does this persoNfirm possess a skiil not nortnally possessed by any
current city employce?
Yes No
Explain all yes answers on separete sheet and attech to green sheet
Initiating Problem, issues, Opportunity (Who, What, When, Where, Why):
Must have waste disposal site on properry for Fire Station #08.
Advantages If Approved:
Trash disposal issues resolved for FS #08.
� !AY 2 5 2006
Disadvanqges MApproved:
None foreseen
:: ,. ;
Disadvantages HNotApproved:
Would have to explore other possibilities for frash disposal at FS #08.
Toql Amount of $Q
Transaction:
Funding Source:
CostlRevenue Budgeted:
Aetivity Number:
Financial Information:
(Explain)
May 25, 20061:10 AM � Page 1
06-�0�
STATE OF MINNESOTA
�icense No. LI-180
THIS LICENSE AGREEMENT is made by and between the State of Minnesota, Department of
Administration, acting for the benefit of the Department of Administration• Plant Manaqement
Division, hereinafter referred to as LICENSOR, and Citv of St. Paul, 140 Citv Hall 15 W KelioqQ
Blvd., Saint Paul. Minnesota 55102-1613, hereinafter referred to as LICENSEE.
WHEREAS, the Commissioner of Administration is empowered by Minnesota Statute 16B.24 Subd. 5
to rent out state-owned property;
WHEREAS, the Department of Administration has under its control and supervision a parking ramp,
known as the Cedar Street Ramp (Ramql, located at Minnesota Street and 11 �' Street in St. Paul;
W HEREAS, LICENSEE desires to use a aortion of said Ramp for the purpose of placinq trash
receptacles for waste disposal;
NOW, THEREFORE, LICENSOR and LICENSEE, in consideration of the fees, covenants and
considerations hereinafter specified, do hereby agree with the other as follows:
PREMISES LICENSOR grants and LICENSEE accepts the use of the following described
Premises located in the City of St. Paul, County of Ra_ msev, Minnesota 55155 to-wit:
7hree 3 96 gallon receptacle containers on the south side underneath the entrance
ramp on the main level of the Cedar Street Ramp, as shown on the attached Exhibit A,
located at Minnesota Street and i i Street.
2. TERM The term of this License Agreement is five (5) vears, commencing on Mav 1, 2006,
and continuing through April 30. 201� .
3. FEE LICENSOR AND LICENSEE hereby agree, in consideration for ail covenants,
representations, and conditions of the License Agreement there is no fee for the use of the
Premises.
4. LEASE TERMINATION This License Agreement may be terminated by either party for any
reason at any time upon giving thirt 30 days prior written notice to the other party.
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5. DUTIES OF LICENSEE
D6 -(pp,3
5.1 LICENSEE agrees to maintain the Premises in a reasonably clean and sanitary
condition, free of trash and litter.
52 LICENSEE agrees to empty trash receptacles two (2} times a week to minimize odor.
5.3 LICENSEE agrees to power wash trash receptacles quarterly.
5.4 LICENSEE shall provide pest control in the fenced area as needed.
5.5 LICENSEE hereby assumes all responsibility for security against theft, vandalism, or
accidental loss of any kind whatsoever.
5.6 LICENSEE shall comply with all applicable municipal, county, and state laws,
ordinances, and regulations, and shall obtain and pay for all licenses and permits (and
special use permits, if applicable) as may be required by its use of the Premises.
5.7 In the event that a state or local tax is imposed upon LICENSOR due to LICENSEE'S
occupancy, use, valuable possession, or valuabie leasehoid interest of or in the real
property hereby leased, the obligation for the payment of the tax will be wholiy that of
LICENSEE. .
5.8 LICENSEE agrees that it will not discriminate by segregation or otherwise against any
person or persons because of race, color, creed, sex, or national origin in furnishing, or
by refusing to furnish, to such person or persons the use of any facility including any
and alf services, privileges, and activities provided therein.
5.9 LICENSEE shall use reasonable care in the occupation and use of the Premises. Upon
expiration or termination of this License Agreement, L.IGENSEE shall vacate the
Premises, remove its personal property therefrom and forthwith yield and place
LICENSOR in peaceful possession of the Premises, free and clear of any liens, claims,
or encumbrances and in as good condition as the Premises existed at the
commencement of this License Agreement, ordinary wear and tear and damage from
the elements excepted.
5.10 LICENSEE agrees not to use the Premises in any way which, in the }udgment of
LICENSOR, poses a hazard to building occupants, the Premises or the building, in part
or whole, nor shall LICENSEE use the Premises so as to cause damage, annoyance,
nuisance, or inconvenience to building occupants or others.
/ . i �
6. ACCEPTANCE AND POSSESSION
6.1 LICENSEE has inspected and knows the condition of the Premises and agrees to
accept same in its "as is" condition. It is further understood that the Premises are
hereby leased to LICENSEE without obligation of any kind on the part of LICENSOR to
make any additions, improvements, or alterations thereto. LICENSOR makes no
representations concerning building code and fire code compliance.
6.2 LICENSOR disclaims and excludes any implied warranties as to the utility, fitness or
adequacy of the Premises for the uses contemplated in this License Agreement, and
LICENSEE acknowledges there are no warranties except fhose expressly stated herein.
7. ALTERATIONS
7.1 No alterations or changes shall be made to the Premises by LICENSEE.
7.2 LICENSEE shall, at its expense, provide labor and materials for fencina of the
Premises as shown on the plan and specifications, attached hereto as Exhibit B .
8. ASSIGNMENT AND SUBLETTING LICENSEE shall not assign nor in any manner transfer
this License Agreement or any interest therein, nor sublet said Premises or any parts thereof.
9. ACCESS
9.1 LiCENSOR, acting through its designated agent, employees or officials shall have the
right to enter and inspect the Premises at all reasonable times.
9.2 LICENSOR shall provide access to the Premises seven davs qer week, twentv-four
hours aer dav for authorized contractors of LICENSEE.
10. LIABILITY INSURANCE
10.1 LICENSEE agrees to acquire and maintain, at its sole expense, during the term of this
Agreement and �ny extension thereof, commercial general liability insurance as follows:
Minimum limits of liability:
$ 300,000 per claimant
$1,000,000 per occurrence
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Coverages:
(ii) Property damage;
(iii) Personal injury;
(iv) Blanket contractual;
(v) Fire legal.
10.2 The commercial general liability insurance shall:
D�'�b3
a. name the State of Minnesota/Department of Administration (address: Real
Estate Management Division, Room 309, 50 Sherburne Avenue, St. Paul,
Minnesota 55155) as additional insured;
b. provide an endorsement thereon that insurer will give not less than thirty (30)
days written notice to LICENSOR in the event of material change in or
cancellation of the liability insurance.
11. LICENSOR TO BE HELD HARMLESS LICENSOR shall not be liable for any suits, actions
or claims of any character for injury, death or property damage made by or on behalf of any
person or persons, firm or corporation arising out of the conduct, management or use of the
Premises by LICENSEE or arising out of any work or thing whatsoever done in or about the
premises or structures or equipment therein when such has been authorized by LICENSEE,
except as such injury, death, or properry damage is attributable to LICENSOR'S negligence as
determined by a court of law. LICENSEE shall indemnify LICENSOR and hold it harmless
from any and all such suits, actions, or claims.
12. PERSONAL PROPERTY RISK All personal property in or about the Premises belonging to
or placed therein by LICENSEE or its occupants or visitors shall be there at the sole risk of
LICENSEE or such other person only, and LICENSOR shall not be liable for theft or
misappropriation thereof, nor for any loss or damage arising from the bursting or leaking of
water, gas, sewer, or steam pipes, or due to the happening of any accident in or about the
Premises including destruction by fire.
13. DESTRUCTION OF PREMISES If the Premises shall be destroyed or damaged by fire,
tornado, flood, civil disorder, or any cause whatsoever, so that the Premises are rendered
unusable, the fee shall be abated from the date of such damage and if LICENSOR fails to
restore the Premises to a safe, operational condition within thirt 30 days this License
Agreement shall be deemed terminated, thus releasing both parties of all obligations herein.
14. HOLDING OVER In the event LICENSEE remains in possession of the Premises herein
after the expiration of this License Agreement and without the execution of a new license, it
shall be deemed occupying said Premises as a tenant, subject to all the conditions, provisions,
and obligations of this License Agreement insofar as the same can be applicable to a month-
to-month tenancy.
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15. DEFAULT BY LICENSEE If LICENSEE defaults in any of its promises or covenants
hereunder and fails to cure the same within thirty (30) days after recei of written notice of
--�� , ay, upo�i een ays wntten notice to LICENSEE,
terminate this License Agreement. In such event, LICENSOR shall have the right without
further notice to re-enter the Premises and remove all persons and LICENSEE'S property from
the Premises without being guilty of any manner of trespass or working a forFeiture of the fees
payable under tlie License Agreement. LICENSOR may re-let the premises; however,
LICENSEE shall remain liable for any deficiency.
16. WAIVER OF COVENANTS The failure of LICENSOR to insist in any one or more instances
upon performance of any of the terrns, covenants or conditions of this License Agreement
shall not be construed as a waiver or relinquishment of the future performance of any such
term, covenant or condition, but LICENSEE'S obligation with respect to such future
performance shall continue in full force and effect.
17. LICENSEE agrees to observe reasonable precautions to prevent waste of electricity, water,
and other utility or service, whether such is furnished by LICENSOR or obtained and paid for
by LICENSEE.
18. AUDIT Pursuant to Minn. Stat. §16C.05, subd. 5, the books, records, documents, and
accounting procedures and practices of LICENSEE relevant to this License Agreement shall
be subject to examination by the State and/or Legislative Auditor, as appropriate, for a
minimum of six (6) years.
19. AFFIRMATIVE ACTION For all contracts in excess of $100,000.00 and LICENSEE has
more than 40 full-time empfoyees at any time during the previous twelve months, LICENSEE
shall comply with the following:
19.1 LICENSEE certifies pursuant to Minn. Stat. §363A.36 that: (a) LICENSEE has not had
more than 40 full-time employees at any time during the previaus twelve months; OR
(b) if LICENSEE has more than 40 full-time employees within the State of Minnesota on
a single working day during the previous twelve months, that it has an affirmative aciion
pian pursuant to the requirements of Minn. Stat. §363 for the employment of minority
persons, women and qualified disabled individuals approved by the State of Minnesota,
Commissioner of Human Rights; OR (c) if LICENSEE does not have 40 full-time
employees within the State of Minnesota on a single working day during the previous
twelve months, but has had more than 40 full-time employees on a single working day
during the previous twelve months in the state in which it has its primary place of
business, then (1) LICENSEE has current Minnesota certificate of compliance issued
by the Minnesota Commissioner of Human Rights, OR (2) LICENSEE certifies that it is
in compliance with federal Affirmative Action requirements.
19.2 Minnesota Rule 5000.3550 - DISABLED INDIVIDUALS AFFIRMATIVE ACTION
CLAUSE.
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LICENSEE shall not discriminate against any empioyees or applicant s for
employment because of physical ormental disability in regard to any positi
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�.� ��� �� e�uNwyee or appucant ror empioyment is quatitied. LICENSEE agrees
to take affirmative action to employ, advance in employment, and otherwise treat
qualified disabled individuais without discrimination based upon their physical or
mental disability in all employment practices such as the recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation, and selection
for training, including apprenticeship.
LICENSEE agrees to comply with the rules and relevant orders of the Minnesota
Department of Human Rights issued pursuant to the Minnesota Human Rights
Act.
c. In the event of LICENSEE'S noncompliance with the requirements of this clause,
actions for noncompliance may be taken in accordance with Minn. Stat.
§363A.36 and the rules and relevant orders of the Minnesota Department of
Human Rights issued pursuant to the Minnesota Human Rights Act.
d. LICENSEE agrees to post in conspicuous places, available to employees and
applicants for employment, notices in a forrn to be prescribed by the
commissioner of the Minnesota Department of Human Rights. Such notices
shall state LICENSEE'S obligation under the law to take affirmative action to
employ and advance in employment qualified disabled employees and applicants
for employment, and the rights of applicants-and employee.
e. LICENSEE shall notify each labor union or representative of workers with which
it has a collective bargaining agreement or other contract understanding, that
LICENSEE is bound by the terms of Minn. Stat. §363A.36 of the Minnesota
Human Rights Act and is committed to take affirmative action to employ and
advance in employment physically and mentally disabled individuals.
20. NOTICES Any notice, demand, request, consent, approval, or communication that either
party desires or is required to give to the other party shal! be in writing and either served
personally or sent by prepaid, first-class mail, certified return receipt, and addressed to the
other party at the address set forth below. Either party may change its address by notifying
the other party in writing of the change of address. Notice shall be deemed communicated
within forty-eight (48) hours from the time of mailing if mailed as provided in this paragraph.
The addresses of the parties to this License Agreement are as follows:
AS TO LICENSOR:
State of Minnesota
Department of Administration
Real Estate Management Division
50 Sherburne Avenue, Room 309
St. Paul MN 55155
AS 70 LICENSEE:
City of Saint Paul
Fire and Safety Services
Accounting
Public Safety Building
St. Paul MN 55101
D� ��3
IN TESTIMONY WHEREOF, the parties have set their hands on the date(s) appearing beneath their
signatures.
LICENSEE:
CITY OF SAINT PAUL
Licensee certifies that the appropriate person(s) have execufed the
License Agreement on behalf ot Licensee as iequired by applicable
artic/es, bylaws, resolutions, orordinances.
By
Title_ m p��,
Title ct'c7 Gt,&-�-�
LICENSOR:
STATE OF MINNESOTA
DEPARTMENT OF ADMINISTRATION
COMMISSIONER
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Real Estate Management Division
APPROVED:
STATE OF MINNESOTA
DEPARTMENT OF ADMINISTRATION;
PLANT MANAGEMENT DIVISION
Acknowledgement of Non-Encumbrance
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Title F �+y.auc.�z X� t�c_Co�
Date
Date
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