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07-857Council File # � �g'J Green Sheet #� � ��t3592 1 2 � � 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RESOLUTION .'7� PAUL, MfNP1ESOTA Presented by /� WHEREAS, the Active Living Ramsey County Initiative has undertaken a"1,000 Benches" pro�am to facilitate active livin� in Ramsey County, and a component of the project is the installation of a"bench corridor", which will support walking as a form of transportation; and WIIEREAS, Saint Paul's Rondo neighborhood, between Rondo Community Library at Dale and University, Central V illage Park and Westem Sculgture Pazk has been chosen as the pilot location because of its high density of elderty and young families living along the route, the population density and the number of people relying on public lransportation, and WF�REAS, the pilot project consisu of thirteen benches, to be installed along the route in locations suggested by the Summit-U Planning Council, local residents and City staff, with the locations being a mixture of public and private property; and WHEREAS, purchase and installation of the benches will be funded by Saint Paul- Ramsey County Environmental Health, which will donate the benches to the City; and WHEREAS, installation of the benches serves a public purpose in promoting exercise and alternative transportation methods; and WHEREAS, private property owners accepting placement of the benches on their property have requested that the City indemnify them 8om any damages amibutable to the placement or maintenance of the benches; and WHEREAS, the expenditure of public funds, which includes the promise of indemnification and defense, for such a purpose will facilitate and enable the creation of the bench corridor; now, therefore, be it RESOLVED, that the City Council accepts the donation of the benches tp be used as a pilot pmject and thanks Ramsey County for their generous donation; and be it FURTHER RESOLVED, that the proper city officials aze authorized to enter into the attached agreements, containing an indemnification clause, with the private property owners to locate, repair and maintain the benches as necessary to insure an effective bench corridor. Yeas Nays Absent Benanav 1 / Bostrom ,/ Harris � Helgen ✓ Lantry ,/ Montgomery � Thune ✓ Reques ed by Department of: , �P/I l/S � �P(�u�-1 �ar4 ._ ��T/��� , Form � Adopted by Council: Date �/ J�� Adoption Certified by CounJc'1 Secretary Form BY� // /✓vi✓i� lr�� By: Appro by y. Date ("�b — C� 7 ^ By: c����Ei��� d`� 0 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � (J�'b� Pfl — Pazks and Recreation Conpct Person 8 Phone: Rufh Schumi 266-6432 Must Be on Council Agenda by (Date): 26-SEP-07 Doc. Type: OTHER AGREEMENT/CONTF E-Document Required: N Document ConWCt: ConWCt Phone: O4-SEP-07 I Green Sheet NO:� 3043592 � Assign Number For Routing Order Total # of Signature Pages _(Clip All Locations for Signature) Approve License Agreement that allows proper ciry officials to enter into agreements with private property owners to locate, repair I and maintain benches along 1,Q00 routes, inc(uding the pIlot project, "Rondo Path for Health". I iaanons: Hpprove 1�+� or n Planning Commission CIB Commiflee Civil Service Commission 0 arksandRecreatlon i � � I arks and Recreation Depardnent DireMOr 2 'NAttomey I Gin¢erPalmer � 3 �tinancial Servicec MaU Smith _ _����� 4 ouncil Clri Camcil 5 arks and Recreation Parks - 300 CHA � 6 I i 7 1. Has this personffirm ever worked under a contrad for this department? Yes No 2. Has this persoNfirm ever been a city employee? Yes TJo 3. Dces this person�rm possess a skill not normally possessed by any cuvent city employee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Active Living Ramsey County has undertaken a"1,000 Benches" program to facilitate active living in Ramsey County. A component of the project is the installarion of "bench corridors", which support wallcing as a form of hansportation and exercise. Saint Paul's Rondo neighborhood, between Rondo Community Outreach Library, Central Village and Westem SculpNre Pazk was chosen as a pilot project location because of its high densiry of elderly and young families living along the route, the popularion density, and the number of people relying on public transportarion. AdvantageslfApproved: In order to have an effecpve bench corridor, some of the bench locations aze located on private property. For the Rondo Path for Health, this includes Lonnie Adkins Court and Hanover Townhomes. DisadvanWges If Approved: The City is entering into an agreement with the private properiy owners in order to locate, xepair and maintain the benches as necessary to insure an efFecrive bench corridor. Disadvantages If Not Approved: Without a License Ageement, the current and future property owners will be reluctant to allow the Ciry to allow benches on their property. Citizens will have less access to effecrive bench corridors. i ow� s�mvunc o� $a Transaction: Funaing source: Pinancial Information: (F�cplain) CosURevenue Budgeted: N Activity Number: ��.� '� � � �P a, ti � ��,''� � _ �: ��� ; 3 t' , � l � JY . Y f� �� � �� �� � September 5, 2007 2:42 PM Page 1 I Z�SiYr�.Te'li7�i7:� i Below are co�rect mutings for the si�c most frequent types of doc�mments: CONTTtACTS (ass�es authoriud budget exists) 1. Outside Agency � 2. DeparhnentDirector 3. CityAttomey 4: Mayor/Assistant (for contrects oyer $25,000) 5. FI�anRigfifs,(forconiracfsover$50,000) 6. Office ofFin�cial Services - Accounting ADIvIINISTRAITVE ORDERS (BudgetRevision) 1. AcfiviryManagerorDepmrtmentAcco�mtant 2. Depar�entDirector 3. O�ce ofFinancial ServicesDirector 4. City Clerk 5. Office ofFinancial Services-Accounting ADMIAIISTRATIVE ORDII2S (ali othas) 1. DepaztmeutDirector 2. CityAtiomey � � � � 3.' O�ce ofFinancial Seivices DirecYor � 4:, CityClerk COUNCI� BESOLU£ION (amend budgets/aocept grants) 1. DeparimentDirector ., 2. Offce ofFinauciat Services Director 3. CitpAttorney 4., May�/Assist�Y 5. City Conncil 6. Office ofFinancisl Services - Accounting COi3NCIL RESOLi3TFON (all other§ and Ord"wances) � I. Depar�entDirector , 2. CitY'Attomey , ' 3. MayorlAssistant ' 4. Citp Coimcil EXEOUTIVE ORDER, I. DepartmeotDicrecror 2 CityAttomey 3. �Maporl'A�at� � � 4., CiLp Cledc TOTAL NUMBER OF SIGNAT[iRE PAGES', Tndi� the #'of pages on which sigoat�es are required and paperciip or flag'each�of these pagea. � � � � ACTIONREQUESTED Dacnbe whaY the pzoj�uest seeks to accomplish in eithet'chronological oider or order of a�oportsnce, wlucLeve; is most appropriste for the issae. , Do not write complete aentffices. Begiu exh item inyour list with a vecb. RECO�IDATIONS Complete iftfie issue in qaestion has been presentzd before aaY �3; P�lic orprivate.' , PERSONAL SERVICE CONTRACTS: Ttps informatian w11 be used to deteimine tho city's liabilitp for workecs compensation claims; taxes a� proper civil , sui+ice5sntgrnles, � � � � � � � � � II�IIT7ATINGPROBLEIJS, ISSUE, OPPORT�JNITY . , , Exp]ein the siNation or oonditions thsi created a nced for,your pioject orzequest ' ADVA2tTAGES IE [1PPROVID Indicate whether this is simply an ennaal budget procedure reqaired by,lawlcharter,or wfie$ier there are specific ways in which the City nf SaintPaut and its eitiiens will benefit firom this,piojectlaction. , DISADVANTAC�S.IFAPPROVF.D � Wbaf negative effects or ma1� �b�8� m�S � P� P� �8�t?his P%le�re4ue� Produce if if is gassed, (e.g., traffie delays, �ise, teoc increases or ass�ents)? To whom7 When? Forhow long? DFSAbVANTAGES IF NOT APPROVED �' What will be'the aegative consequences if the promised action is aotapproved? 7na6iliry to deliver s�vice? Continue , high�affic,�noise,accidentiate3 Lossofreve�e7 ' � � � � — FINANCIAL IIv1PACT ' Atthough�yom m�st ia�or tfie info;mationyouprovide here to tfie issoe,you aie addressing,� in �general yon�mus[ answer ,� � two questions: How much is it goiugto,cost? VVfio is going W pey? ' D?-g57 LICEN5E AGREEMENT Ttris License Agreement made and entered into this day of 2007, by and between the City of Saint Paul, hereinafter, "Cit}�', and CfIDC Hanover Ltd. Partnership 428 l St. N Minneapolis, MN 55401, a corporation, hereinafter, "Hanover Townhomes." WITNESSETH: Whereas, Saint Paul is participating in a pilot project known as "1,000 Benches", which is a program to facilitate active living in Ramsey County; and Whereas, the City will be installing thirteen benches in Saint Paul's Rondo neighborhood, between Rondo Community Library at Dale and University, Central Village Pazk and Westem Sculpture Park; and Whereas, some of the benches will be placed on private property, but will be maintained by the City. Now, therefore, in consideration of the above premises, the parties hereto agree as follows: Hanover Townhomes hereby grants a license to City to use that certain property shown on attached Exhibit A(benches 3 and 4) located at 408 Farrina on St, St Paul, M1V 55103 for use as bench locarions for the 1,OQQ Benches project. This license shall become effective upon the placement of the bench and conrinue until July, 2027, unless earlier terminated. 2. In lieu of payment for the license, City agrees to be solely responsible for the maintenance, repair, upkeep and/or replacement of the bench in the event of damage or destruction to it during the license period. The City agrees to defend, indemnify, and hold harmless Hanover Townhomes from and against all claims, costs, losses or damages actually suffered or incurred by Aanover Townhomes arising from or as a result of any loss, injury, death or damage to persons arising out of the placement, maintenance or use of the bench on Hanover Townhomes property, except to the extent that: 1)such loss, injury, death or damage is caused by or in any way results from or arises out of any act, omission, or negligence of Hanover Townhomes; 2) the injuries or damages arise from hidden traps or conditions existing on Hanover Townhomes's property of which Hanover Townhomes had actual or constructive norice; or 3) injuries which arise out of criminai actions, assaults, batteries or other acts of violence committed by any person or persons. Nothing herein shall be conshued as a waiver of the municipal tort liability limits set forth in Minn, Stat. §466.01 et seq. 07-857 4. This License Agreement shall automatically terminate on the date set forth in pazagraph 1 unless an extension is ageed to in writing by the Parties. At the end of the license term, the City shall be responsible for removing the bench and retm7iing the property upon which the bench was placed to the condition in which it was received. Dated: Director of Parks and Recreation By CHDC Hanover Ltd. Partnership Hanover Townhomes Approved as to form: Virginia D. Palmer Assistant City Attorney d�-S5�7 LICENSE AGREEMENT This License Agreement made and entered into this day of 2007, by and beriveen the City of Saint Paul, hereinafter, "Cit}�', and H and Val J Rothschild Inc ITF Lonnie Adkins Court,195 E Sth Street, #1404 St. Paul MN 55101, (a corporation), hereinafter, "Lonnie Adkins Court " WI'PNESSETH: Whereas, Saint Paul is participating in a pilot project known as "1,000 Benches", which is a program to facilitate active living in Ramsey County; and Whereas, the City will be installing thirteen benches in Saint Paul's Rondo neighborhood, between Rondo Community Library at Dale and University, Central Village Park and Western Sculpture Park; and Whereas, some of the benches will be placed on private property, but will be maintained by the City. Now, therefore, in consideration of the above premises, the parties hereto agree as follows: Lonnie Adkins Court hereby grants a license to City to use that certain property shown on attached Exlubit A(bench #5) located at 389 Saint Anthony Saint Paul, Minnesota 55103 for use as bench locations far the 1,000 Benches project. This license shall become effective upon the placement of the bench and continue until July, 2027 unless earlier terminated. 2. In lieu of payment for the license, City agrees to be solely responsible for the maintenance, repair, upkeep andJor replacement of the bench in the event of damage or destruction to it during the license period. The City agrees to defend, indemnify, and hold hannless Lonnie Adkins Court from and against all claims, costs, losses or damages actually suffered or incurred by Lonnie Adkins Court arising from or as a result of any loss, injury, death or damage to persons arising out of the placement, maintenance or use of the bench on Lonnie Adkins Court property, except to the extent that: 1)such loss, injury, death or damage is caused by or in any way results from or arises out of any act, omission, or negligence of Lonnie Adkins Court; 2) the injuries or damages arise from hidden traps or conditions existing on Lonnie Adkins Court's property of which Lonnie Adkins Court had actual ar conshuctive notice; or 3) injuries which arise out of criminal actions, assaults, batteries or other acts of violence committed by any person or persons. Nothing herein shall be construed as a waiver of the municipal tort liability limits set forth in Minn. Stat. §466.01 et seq.