08-1402Councii File # (�'� �-
Green Sheet # 3065060
RESOLU710N
CITY
MINNESOTA
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Presented
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WIIEREAS, The City of Saint Paul has a need for space to store impounded cazs towed from city sheeu during snow
emergencies; and
WIIEREAS, The Port Authority of the City of Saint Paul can license land at the Southport Industrial Dishict on Bazge Channel
Road ("the Premises"), and has agreed to do so; and
NOW, THEREFORE,
BE TT RESOLVED, that the City of Saint Paul is authorized to enter into the attached agreement with the Port Authority of the
City of Saint Paul, which includes an indemnification clause, to license the Premises beginniug November 1, 2008 and
continuing unril Apri130, 2009, for the purpose of storing impounded cazs towed from city streets during snow emergencies;
and
BE 1T FURTHER RESOLVED, that the proper City officers be and hereby are authorized to execute such agreement and any
amendments, and thereby assume for and on behalf of the City all of the conhactual obligafions contained therein.
Adoprion Cert�ifi by Council Secretary
BY� /A//19iJ///.%C�SiJr/
Approved by Mayo . Date � a5 �> �
BY� 9 [1si�� c� � �
Requested by Departmem of:
Public W D'uector
By:
Form Approved lry , iy� ey �,
BY• f �%',,*�;<����
Form
By:
Forxn
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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JepartmeMlpfficpJCou�il: Date lnitiaied: 7
PW _ Public Works 10.DEC-08 ; Green Sheet NO: 3065060
A~
Number
For
Routing
Order
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0 �ablicWoris ;, Depar�entAccountant G /Z��6'IU
1 � bGCWorks DeparhuentDirector �9'� I 0�
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2 ICi[v Attornev ,. _ Citv Attorney
i CoMact Person & Phone:
BNCB BBBSE
I 266-6099
�� Must Be on Council Agenda by (Date):
i 24-DEC-08
Dx. Type: RESOLUTION
E-DocumeM Requiretl: Y
Document Contact: ��ry M�cha�ilsch
ContaM Phone: 266-6065
Total # of Signature Pages �_ (Clip All Lxations for Signature)
� ��.. ��IVED
DEC 16 2Q08
Approval of the attached council zesolution for a license agreement with the Port Authority of the City of Saint Paul for the purpose
of storing impounded cars towed from ciTy sffeets during snow emergencies.
Recommendations: Approve (A) or Reject (fl):
Planning Commission
_. _. Ci8 Committee
Civil Service Commission
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Personal Service Contracts Must Answer the Pollowing Questions:
1. Has Uiis person/firm ever worked under a contrect for this department?
Yes No ,,
2. Has this person/firm ever been a city employee?
Yes No
3. Does this persoNflrm possess a skill not normally possessed by any
current city employee?
Yes No
Explain ali yes answeYS on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The Port Authority of the City of Samt pau] can license land adjacent to the Saint Paul Police main impound lot ]ocalion on Bazge
Channe] Road.
Note: The license agreement wil] be routed on greensheet number 3065058.
Advantages If Approved:
1'he license is ideal because it provides an impound location that better serves the southem half of the ciry.
Disadvanta9es If Approved:
None
Disadvantages If Not Approvetl:
Tnability [o take advantage of [his cooperative arrangement with the Port Authoriry of the City of Sain[ Paul.
Total Amount of $$ 000.00
TransaMion:
Funding Souroec
Financial Information:
(Explain)
December 10, 2008 10:29 AM
CosURevenue Budgeted: Y
Activtty Number: 42362 & 42363
Page 1
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LICENSE AGREEMENT
THIS IS AN AGREEMENT, dated #he 8th day of December, 2008, between the
PORT AUTHORITY OF THE CITY OF SAINT PAUL, a public corporation organized
under the provisions of Minnesota Statutes Chapter 469, herein called "Grantor", and
the City of Saint Paul, a Minnesota municipal corporation, herein called "Grantee".
GRANTOR AND GRANTEE AGREE AS FOLLOWS:
Q
Licensed Premises Description and Term
Grantor hereby grants to Grantee a license, subject to all of the terms and
conditions herein, to occupy and use that certain land at the Southport Industrial District,
on Barge Channel Rd., St. Paul, Minnesota as shown attached hereto as Exhibit "A",
herein called "�icensed Premises", beginn+ng November 1, 2008, and continuing until
April 31, 2009, unless terminated as hereinafter provided. Grantee acknowledges
Grantor's objective of achieving shipping-related uses on subject property as soon as
possib(e subsequent to License expiration.
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Fee
Granfee shall pay Grantor Eight Thousand do{lars ($8,000.00) for this ficense,
anc� acknowledges receipt of this payment.
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Use
The Licensed Premises may be occupied and used by Grantee for storing
impounded cars towed from city streets during snow emergencies. The licensed
p�emises will be piowed and periodicaify graded as necessary by the Grantee. Grantee
shall not use the premises for any other commerciai purpose and shall not pe�form, or
permit any of its guests, invitees or licensees to perform any disorderly conduct or
commit any nuisance either public or private on the Licensed Premises, or to. use the
Licensed Premises in any way so as to interfere with the exercise by other licensees or
permittees of privileges which Grantor may give them in the Licensed Premises.
Grantee shali compiy with aii rules and regulations, whether federal, state, county, or
municipal relating to the occupancy and use of the Licenses Premises. Upon
termination of this License, Grantee shall at its expense restore the Licensed Premises
to the same condition as exists as of the date of the commencement of this License.
45739.v'I
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Indemnification
Grantee shall exercise its privileges hereunder at its own risk, and shall
indemnify and hold Grantor harmless from and on the account of any and all loss,
damage, costs, including attorney's fees, claim of damage or {iability arising from any
accident or any occurrence causing injury or death to any person or damage to any
property resulting from, arising out of, or in any way connected with the occupation or
use of the Licensed Premises by Grantee to perform fuliy its promises herein. Grantor
shall not be liable to Grantee if for any reason Grantee's occupation or use of the
premises hereunder shall be hindered or disturbed.
V.
Termination
Grantor may terminate this license in the event of a material breach by Grantee,
which breach is not cured within 30 days from the date written notice of a breach is
tendered by Grantor to Grantee.
To terminate this License, the Granter and Grantee establish the folfowing
Contracts:
Grantor
r :Saint Paul Port Authority
'1300 Landmark Towers
345 St. Peter Street
St. Paul MN 55102
Grantee
Public Works Department
1500 City Hail Annex
25 West Fourth Street
St. Paul MN 55102
VI.
45739.v1
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Assiqnment
The rights granted herein may not be assigned.
EXECUTED BY Grantor and Grantee as of the day first above written.
PORT A HORITY OF THE CITY OF
� � SAI� PAUL
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City of Saint Paul
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45739.v1