06-64Return copy to: (jao)
Tech. Services (Real Estate)
1000 City Hall Anneg
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
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Committee: Date
WHEREAS, the City of St. Paul and State of Minnesota, Department of Administration, on
behalf of the State's Department of Human Services (DHS), have entered into a Parking
License agreement for use of the DHS parking facility, by the City of St. Paul, Department
of Fire & Safety, a copy of said agreement is attached hereto as E�ibit "A" ; so
THEREFORE BE IT RESOLVED, the City of St. Paul accepts the Pazking License
Agreement attached hereto as Exhibit "A" and the proper City officials aze hereby directed
to execute said agreement.
� Yeas Nays Absent
Benanav ��� Requested by Department of:
Bostrom �� � Fire & Safety
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Thune
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Adopted by Council: Date /
Adoption Certified by Council Secret
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Appr�ov� a or: Dat�� L 3�[�
By: �—
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Council File # � � v ��
Green Sheet # 3029176
by
�Y`� fl �Chief
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Submission to Council
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
p�l�/ — Pnb&c works
Contaet Person & Phone:
Da�e Nelson
26Cr88fi0 �
Must Be on Council Agen�
ContraetType:
RE-RESOLUTION
Date Inifial
22-0EC-05
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Assign
Num6er
For
Routing
Order
Total # of Signature Pages _(Clip All Locations for Signature)
Green Sheet NO: 3029176
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Sent To Person
n '1 ancil
erk r
6tic W r eal Esm FIA
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Accept a Pazking License agreement for the City's use of pazking in the State's new Depaztrnent of Human Services Buitding and have
the proper City officials execute said agreement.
Recommendations: Appro�e (A) w F
Plannirg Commission
CIB Committee
CiHI Sen9ce Commission
Personal Service Contrac}s MustMswer
7. Ffas this perswJi�fin e�er wo�tced under a coMract tor tMs departm�i?
Yes No
2. Has this persoNfirtn e�er been a city employee?
Yes No
3. Does this persoNfirtn possess a skill rrot nortnally possessed by any
current city employee?
Yes No
Enplain all yes answers on separete sheet and aifach W green sheet
InRiating Problem, Issues, Opportunily QNho, Whaq When, Where, Why): ��
As part of the new State DHS building, the City will locate its Fire Station #8 at that site and will need use of parking in the DHS ramp.
Advanfages HApproved:
The necessary pazking will be provided for Fire.
DisadvantaSles HApproved:
None.
Diudvanta5�es If NotApproved:
Fire will need to find pazldng for its vehicles.
� otai qmount of
Transaction: �6,862.56
Fundin5� Source:
Financiallnfortnation:
(Explain)
CostlRevenue Budgeted:
Ac£rvity Number.
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JA�! � � 20�5
O�FICE
December 22, 2005 2:47 PM Page 1
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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 Kelloqq
Blvd., Saint Paul, Minnesota 55102-1613, hereinafter referred to as LICENSEE.
STATF� MINNESOTA
P .,� '^ LICENSE
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W HEREAS, the Commissioner of Administration is empowered by Minnesota Statute 16B.24 Subd. 5
to rent out state-owned property;
WHEREAS, Chapter 393, Section 13, subds. 6& 7, and Chapter400, Section 13, of Minnesota Laws
of 2002 authorizes the State to enter into a long-term lease-purchase agreement for the development
of office facilities in the City of St. Paul to be occupied and used by various entities of the State of
Minnesota;
WHEREAS, Chapter 393, Section 13, subd 8, authorizes the State to provide State owned land that
will be the subject of such long-term lease purchase agreement by leasing such land for a term equal
to the term of such long-term lease purchase agreement;
WHEREAS, the Department of Administration has under its control and supervision a parking ramp,
known as the Cedar Street Ramp (Ramp), located at Minnesota Street and 11�' Street in St. Paul;
VVHEREAS, LICENSOR and LICENSEE entered into a Lease Agreement dated, November 19,
2003, whereby the State of Minnesota (State) leased to the Citv of St. Paul (Citv) property known as
the "Fire Station Parcel";
W HEREAS, terms and conditions in said Lease Agreement set forth that the State and the City may
enter into a mutually acceptable lease and/or contract providing for the use by the City of fourteen
(14) parkinq spaces in the Ramp; and
WHEREAS, LICENSEE desires to use said fourteen (14) parking spaces in the Cedar Street Ramp
for the purpose of emplovee parkinq;
NOW, THEREFORE, LICENSOR and LICENSEE, in consideration of the fees, covenants and
considerations hereinafter specified, do hereby agree with the other as follows:
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PREMISES LICENSOR grants and LICENSEE accepts the use of the following described
Premises located in the City of St. Paui, County of Ramsev, Minnesota 55155 to-wit:
fourteen (14) reserved parking spaces on the third floor Cedar Street Ramp located at
Minnesota Street and 11"' Street, as shown on the attached Exhibit A .
3.
TERM The term of this License Agreement is four (41 vears, five (5) months, commencing on
Februarv 1, 2006, and continuing through June 30. 2010.
PARKING FEE
3.1 Subject to provisions of Clause 3.4 below of this License Agreement, LICENSEE
agrees to pay LICENSOR the sum of thirty —six thousand eiqht hundred sixtv two and
56/100 dollars ($36 862.56) payable as follows:
LICENSE PERIOD
2/1/O6 - 3/31/O6
4!1/06 — 6/30/10
RATE PER
STALL
. . .:
a, � • .:
QUARTERLY
PAYMENT
$1,391.04
$2,086.56
TOTAL
RENT FOR
LICENSE PERIOD
$1,391.04
$35,471.52
$36,862.56
3.2 LICENSEE agrees to pay this sum, with no quarterly invoicing, on the first day of each
quarter by check or money order made payable to the Minnesota State Treasurer and
mailed or delivered to:
Piant Management Division
Department of Administration
50 Sherburne Avenue, Room G-10
St. Paul MN 55155
3.3 LICENSEE agrees, upon direction from the State of Minnesota, Commissioner of
Finance (Commissioner), to take such action and furnish such documents as the
Commissioner determines to be necessary to ensure that interest paid on the Revenue
Bonds, used to purchase the property of which the Premises are a part, is exempt from
federal taxation.
3.4 LICENSOR and LICENSEE hereby agree that LICENSOR may increase or decrease
the rate for parking stalls, to the current State employee parking rate upon fifteen 15
days notice to LICENSEE.
: a. Subject to LICENSOR'S approval, LICENSOR grants and LICENSEE accepts
=:�" the right to one 1 option to renew this Agreement for a period of five 5) years,
;�=E�,:�_�'"��
�;._-. �-- commencing on Ju� 1, 2010 and continuin thou h June 30. 2015 the "O fion
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� Period #1"), at the same terms and conditions as this Agreement, subject to
adjustment of the parking rate per Clause 3_4 above.
b. LICENSOR must indicate in writing its intent to exercise said option si 60
days prior to the expiration date of this Agreement.
4.2 OPTION #2
a. Subject to LICENSOR'S approval, LICENSOR grants and LICENSEE accepts
the right to one 1 option to renew this Agreement for a period of five 5) years,
commencing on Julv 1, 2015, and continuing though June 30. 2020 (the "Option
Period #2"), at the same terms and conditions as this Agreement, subject to
adjustment of the parking rate per Clause 3_4 above.
b. LICENSOR must indicate in writing its intent to exercise said option sixt 60
days prior to the expiration date of this Agreement.
4.3 OPTION #3
Subject to LICENSOR'S approval, LICENSOR grants and LICENSEE accepts
the right to one 1 option to renew this Agreement for a period of five 5) years,
commencing on Julv 1. 2020, and continuing though June 30. 2025 (the "Option
Period #3"), at the same terms and conditions as this Agreement, subject to
adjustment of the parking rate per Clause 3_4 above.
b. LICENSOR must indicate in writing its intent to exercise said option sixt 60
days prior to the expiration date of this Agreement.
5. LEASE TERMINATION In the event the City changes the street parking around the Building
from that shown on Exhibit B, LICENSOR shall have the right to terminate this Agreement
upon giving fifteen 15 days prior written notice to LICENSEE.
6. DECREASE NUMBER OF STALLS LICENSEE may, at any time, decrease the number of
parking spaces it uses from LICENSOR at the same rate per stall per month that LICENSEE is
paying at the time of decrease upon fifteen 15 days written notice from LICENSEE to
LICENSOR.
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7. TEMPORARY RELOCATION LICENSOR shali have the right to relocate LICENSEE'S right
of use of the Premises, with fifteen (15) days written notice to comparable and proximate
parking facilities, to support LICENSOR'S management and maintenance of LICENSOR'S
property.
8. DUTIES OF LICENSEE
8.1 LICENSEE agrees to maintain the Premises in a reasonably clean and sanitary
condition, free of trash and litter.
8.2 LICENSEE hereby assumes all responsibility for security against theft, vandalism, or
accidental loss of any kind whatsoever.
8.3 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.
8.4 In the event that a state or local tax is imposed upon LICENSOR due to LICENSEE'S
occupancy, use, valuable possession, or valuable leasehold interest of or in the real
property hereby leased, the obligation for the payment of the tax will be wholly that of
LICENSEE.
8.5 LICENSEE agrees that it will not discriminate by segregation or otherwise against any
person or persons because of race, color, creed, sex, or nationai origin in furnishing, or
by refusing to furnish, to such person or persons the use of any facility including any
and ail services, privileges, and activities provided therein.
8.6 LICENSEE shall use reasonable care in the occupation and use of the Premises. Upon
expiration or termination of this License Agreement, LICENSEE 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.
8.7 LICENSEE agrees not to use the Premises in any way which, in the judgment of
LICENSOR, poses a hazard to building occupants, the Premises or the building, in part
or whole, nor shali LICENSEE use the Premises so as to cause damage, annoyance,
nuisance, or inconvenience to building occupants or others.
9. ACCEPTANCE AND POSSESSION
9.1 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 fhe Premises are
hereby leased to l4CENSEE without obligatio� 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.
9.2 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 those expressly stated herein.
10. ALTERATIONS No alterations or changes shall be made to the Premises by LICENSEE
without first obtaining LICENSOR'S written approval.
11. 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.
12. LICENSOR'S ACCESS LICENSOR, acting through its designated agent, employees or
officials shall have the right, upon prior notification to LICENSEE, to enter and inspect the
Premises at all reasonable times.
13. LIABILITY INSURANCE
13.1 LICENSEE agrees to acquire and maintain, at its sole expense, during the term of this
Agreement and any extension thereof, commercial general liability insurance as follows:
a. Minimum limits of liability:
$ 300,000 per claimant
$1,000,000 per occurrence
b. Coverages:
(i) Bodily injury;
(ii) Property damage;
(iii) Personal injury;
(iv) Blanket contractual;
(v) Fire legal.
13.2 The commercial general liability insurance shall:
a. name the State of Minnesota/Department of Administration (address: Real
Estate Management Division, Room 309, 50 Sherburne Avenue, St. Paui,
Minnesota 55155) as additional insured;
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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
canceilafion of the liability insurance.
14. LICENSOR TO BE HELD HARMLESS LICENSOR shall not be liabie 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 property 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.
15. 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.
16. 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.
17. 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.
18. 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 receipt of written notice of
default from LICENSOR, LICENSOR may, upon fifteen (15) days written 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 the License Agreement. LICENSOR may re-�et the premises; however,
LICENSEE shall remain liable for any deficiency.
��^�.. _� _. _
� 9 • WAIVER OF COVENANTS The failure of LICENSOR to insist in anv one �r �,��o ,..,.«,..._
upon pertormance of a��� .,f+tio +,...__ __. _
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19. WAIVER OF COVENANTS The failure of LICENSOR to insist in any one or more instances
upon performance of any of the terms, covenants or conditions of this License Agreement
shall not be construed as a waiver or relinquishment of the fufure performance of any such
term, covenant or condition, but LICENSEE'S obligation with respect to such future
performance shail continue in full force and effect.
20. 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.
21. 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.
22. AFFIRMATIVE ACTION For all contracts in excess of $100,000.00 and LICENSEE has
more than 40 full-time employees at any time during the previous twelve months, LICENSEE
shall comply with the following:
22.1 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 previous 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 a�rmative action
plan 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.
22.2 Minnesota Rule 5000.3550 - DISABLED INDIVIDUALS AFFIRMATIVE ACTION
CLAUSE.
a. LICENSEE shall not discriminate against any employees or appiicant s for
employment because of physical or mental disability in regard to any position for
which the employee or applicant for employment is qualified. LICENSEE agrees
to take affirmative action to employ, advance in employment, and otherwise treat
qualified disabled individuals 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.
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b. 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 piaces, available to employees and
applicants for employment, notices in a form 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
LICEtVSEE 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.
23. NOTICES Any notice, demand, request, consent, approval, or communication that either
party desires or is required to give to the other party shall 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 TO LICENSEE:
City of Saint Paul
Fire and Safety Services
Accounting
Public Safety Building
St. Paul MN 55101
IN 3ESTIMONY WHEREOF, the parties have set their hands on the date{s} appearing beneath their
signatures.
LICENSEE:
GTY OF SAINT PAUL
Licensee cerfifies that ihe appropriate person(s) have executed ihe
License Agreement on behalf of Licensee as iequired by applicable
arSGes, bylaws, resoluSorts, orordinances
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LICENSOR:
STATE OF MINNESOTA
DEPARTMENT QF AQMiNISTRATION
COMMISSIONER
By
Reai Estate Management Division
APPROVED:
STATE OF MINNESOTA
DEPARTMENT OF AOMINISTRATION;
PlANT MANAGEMENT DIVISION
Acknowiedgement of IVon-Encumbrance
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