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08-867Council File # � 'g �l 7 Green Sheet # 3057794 RESOLUTION 1'resented by 1 WHEREAS, the City of Saint Paul ("City) wishes to enter into a license agreement ("License") 2 with Allina Health System, d/b/a United Hospital ("United"), in connection with the Republican National 3 Convention ("RNC") to be held in Saint Paul in September, 2008; and 4 5 WHEREAS, United owns real property located at Smith Avenue and Kellogg Boulevard in Saint 6 Paul, as shown on Attachment A, Er,hibit A(the "Properly"); and 7 8 VJHEREAS, the City wishes to occupy portions of the Property, including an employee pazking lot 9 and wazehouse; and to make certain improvements to the Property; and 10 ll WHEREAS, the City agxees to provide alternate shuttle and parking arrangements for United's 12 employees; and 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, the City further agrees to pay reasonable compensation for its use of the Property, including the cost of site improvements, shuttle services and alternate parking for United employees, equipment installation, trash removal, clean-up and sales taxes; and WHEREAS, the RNC Host Committee has agreed to reimburse the City for the costs of site improvements and shuttle services; and WHEREAS, the City has agreed to indemnify Umted in connection with the City's use of the property, including personal injury ar property damage; now, therefore be it RESOLVED, that the Mayor and Council of the City of Saint Paul do hereby authorize the proper city officials to execute said License in a form and content substantially as set forth in Attachment A. Helgen � Requested by: Samt P�aul Police De artment BY: �� / - ,�� App ed y the Office o Financ� By: Approved by Ci�y Attog�}� ^ M I / r/ I // I/f II By: Adopted by Council: Date g JJ 3��'� ApF Adoption Certified by Council ecretary B By: , ` Appro�a or: ate Q By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 68-St�� Contact Person 8 Phone: Dave H. Nelson 266-8860 Must Be on Council Aaen Doc. Type; RESOIUTION E-DocumeM Required: Y Document Contact: Dave H Nelson Contact Phone: 266-8860 y Assign Number For Routing Order Total # of Signature Pages _(Clip All Locations for Signature) 0 ublic Works Dave H Nelson ✓ 1 uman Resources7Personnel 011'i PoGce Chief � 2 ' Attorne R e Rofrth � 3 a or's Office Ma or/ASSistant 4 ouncil 5 � Cierk Ci C1erk Approve resolulion authorizing a license agreement between the City and Allina Health System (dba United Hospital) for the City's temporazy use of United property in connection with the Republican National Convention Approve (A) or Planning Commission CIB Committee Civil Service Commission 1. Has ihis personffirtn ever worked under a coniracl for this deparfinent? Yes No 2 Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any — current city employee? � -�„ Yes No _ Ezplain all yes answers on separate sheet and attach to green sheet Initiating Probkm, Issues, Opportunity (Wfio, iNhat, When, Where, Why): The City and Allina have reached ageement on the City's use of a Allina property. Key terms of the License Ageement include [he City's use of a United Hospitai pazking lot, wazehouse, additiona] physical improvements, and shuttle service for United employees to altemate pazking facilities. The City will compensate Allina for its use of the property and the improvements, and will be reimbursed by the RNC Host Committee. This License Agreement must be aproved by the City Council. AdvanWges IfApproved: The City may proceed with the use of Allina's property in support of the Republican National ConvenGon Disadvantages If Approved: None Disadvantages If Not Approved: The City will not have the rights to use the United Hospital property, which is necessary for support of the RNC. Trensaction: Funding Source: Activiry Number: Financiat Information: Key teims of ageement: (Expiain) �� License fee - $50,000 (paid by City) 2) Site Imptovements -$237,145 (paid by City, reimbursed by RNC) 3) Shuttle service -$46,696.60 (paid by City, reimbursed by L2NC) ** Separate budget amendment resolution to follow. ** CostlRevenue Budgeted: August 5, 2008 11:05 AM Page 1 b�� _. � _ _�— -- _-- �__ - _ -_ - _ � �� _ _ ---_.- _ _. .___ t�r.����e������ n�.� This license is granted by Allina Health System d/b/a United Hospital ("United"), a Minnesota nonprofit corporation to the City of St. Paul, Minnesota ("St. Paul"). United owns reai property located at Smith Avenue and Kellogg Boulevard in St. Paui, Minnesota which is shaded on Exhibit A(the "Property"). St. Paul desires to use the Properry in connecfion with the Republican National Convention to be held in St. Paul in September, 2008. The RNC Host Committee has agreed to reimburse the City for the cost of the improvements as described in E�ibit C of this License Agreement on or before August 12, 2008. United desires to grant such rights to St. Paul as are necessary and desirable to permit St. Paul to use the Property for such purposes and to provide alternate arrangements for United's employees and reasonable compensation for the loss of the Property. NOW THEREFORE, in consideration of the mutual grants and covenants contained herein, the parties agree as follows: LICENSE AND TERM. United hereby grants to St. Paul a license (the "License") to use the Property for the purpose of providing shuttle bus service during the Republican National Convention. The term of the license is from August Z5, 2008 tlu�ough September 12, 20Q8. 2. WAREHOUSE USE. In addition to the License provided above, United hereby grants to St. Paul a license to use one half of the warehouse located on the Property (as cross-hatched on E�ibit B) from August 30, 2008, through September 5, 2008 (the "Warehouse License"). IMPROVEMENTS. The improvements to the Property listed on Exhibit C aze hereby provided to United and United wi11, at St. Paul's sole cost, make such improvements to the Properiy beginning August 25, 2008, and completing them by August 29, 2008. In addition, United will, at St. Paul's sole cost, restore the Property to its existing condifion beginning . September 8, 2008 and completing them on or before September 12, 2008. United shall invoice the City for the improvements as described in E�ibit C on September 12, 2008. St. Paul must pay the costs of such improvements and restoring the Property to its existing condition within 15 days of receipt of an invoice from United for such costs_ St. Pau1 will b �' -gl� � �a���.us:a.vucecativr-uYx�.r+cay�zr vy vutwu. rriau�. vtu+ti+v-w - �- -�, -- conlra��ec�1y vntTi�contractor for the unprovements to be made to the Properry, it will work with the City in doing so, and will not have any liability to the City for the failure of the contractor to complete the work in a timely manner. The City will look solely to the contractor far any damages relating to the failure to complete the work in a timely manner. 4. COMPENSATION. In exchange for the License and the Warehouse License, St. Paul must provide the following to United: a. Fifly Thousand Dollazs payable by August 25, 2008. Failure to pay any fees when due shall result in i3nited assessing interest at a rate of 1.5% per month on any unpaid balance. b. Any costs incurred by United in making the improvements to the Properiy and restoring the Properiy to its existing condition, as provided in Paragraph 3 above. Failure to pay any fees when due shall result in United assessing interest at a rate of 1.5% per month on any unpaid balance. c. Parking for United employees as designated by United, at no cost to United or the employees, in the State Capitol surface lots B& C as depicted on Exhibit D(the "State Capitol Lots") from August 25, 2008 through 5eptember 12, 2008. d. Two 30-passenger shuttle buses from Ivlinnesota Coaches to run continuously from 6:00 a.m. to 6:00 pm, Monday tluough Friday, August 25, 2008 through September 12, 2008, between 255 Smith Avenue North and the State Capitol Lots e. An additiona130-passenger shuttle bus from Minnesota Coaches to run from 6:00 a.m, to 9:00 a.m. and from 2:00 p.m. to 6:00 p.m., Monday through Friday, August 25, 2008 through September 12, 2008, between Z55 Smith Avenue North and the State Capitol Lots. f. The cost and scope of service by Minnesota Coaches is depicted on Exhibit E. United will contract directly with Minnesota Coaches for the described service and the City agree to reimburse United for the cost up to $40,696.60. United shall invoice the City for the shuttle buses services as described in Exhibit B on September 12, 2008. St. Paul must pay United the cost within 15 days of receipt of an invoice from United. 5. COSTS. It is the intent of the parties that St. Paul is responsible for any and all costs of using the Property for the purposes permitted by this License, including, but not fimited to, installing and removing any necessary equipment, trash removal, clean-up of the Property and the 6� - g(.� � �e fo Sf� Fau� use of the Properiy or due to United granting this License shall be the responsibility of St. Paul. 6. REAL ESTA'TE TAXES. St. Paul agrees that the real estate tas treatrnent of the Property will not be affected due to the use of the Properly by St. Paul pursuant to this License, and St. Paul will support such treaUnent with Ramsey County. 7. REVENUE-SHARING AGREEMENT. The parties acknowiedge that the Property is govemed by an agreement between the parties (said agreement is when the City of Saint Paul HRA sold the properiy to United in the past) that provides for the sharing of revenue generated by the use of the Property beriveen the parties. Notwithstanding anything to the contrary in that agreement, all of the revenue generated pursuant to this License will belong solely to United and will not be subject to that agreement or shared between the parties. It is hereby recognized and agreed that the function and use of the licensed premises during the ]icenses period will produce no financial revenue to the City of Saint Paul. 8. HAZARDOUS WASTE AND OTHER MATERIALS. St. Paul may not dispose of any hazazdous or illegal wastes or substances .on the Property. 9. SAPTITATION. St. Paul must at all times keep the Property and the surrounding azea in a reasonably clean and sanitary condition. St. Paul shall immediately comply with any requests from United to clean the Property or the surrounding area. 10. INSURANCE. St. Paul, via the RNC Host Committee, shall at all times during this License maintain generalliability insurance in minimum amounts of $1,000,000 per occurrence and $3,000,000 annual aggregate. St. Paul shall, prior to using the Property pursuant to this License or the Wazehouse License, provide United with a certificate of insurance listing United as an addifional insured and showing the insurance required by this Section. See E�ibit F. 11. INDENINIFICATION. St. Paul must defend, indemnify, and hold United, its successors and assigns, and its officers, directors, employees, and agents harmless from all liabilities, losses, costs, claims, and damages in connection with use of the Property including, without limitation, any personal injury or property damage. 12. LICENSE ONLY. St. Paul expressly understands and agrees that (i) United is granting St. Paul a license only and that St. Paul will have no real estate interest in the Property, and (ii) the L'acense granted pursuant to 6S-��' � 13. MINNESOTA LAW. This Agreement shall be govemed by and construed in accordance with Minnesota law. 14. ACCEPTANCE OF LICENSE. St. Paul, by acceptance of the delivery of this Agreement, assumes and agrees to perform all of the covenants, agreements and obligations that aze required to be performed on the part of St. Paul pursuant to the terms of this License. 15. COMPLIANCE WITH LAWS. St. Paul agrees to comply with all applicable laws and regulations and is solely responsible for any permits or licenses that may be required to use the Property. 16. SEVERABILITY. Should any term, covenant, condition, provision, sentence or part thereof of this Agreement be held invalid or unenforceable by a court of competent jurisdiction, the remaining terms and provisions shall, nevertheless, remain in full force and effect. IN WIT'NESS WIIEREOF, this License Agreement has been executed on the _ day of , 20Q8. CITY OF ST. PAUL ALLINA HEALTH SYSTEM, d!b/a United Hospital By: Its: Chief of Police By: Its: Financial Services Director By: Its: City Clerk By: Its: Assistant City Attomey : Its: �a-�� � - -- ---- -- -----_---- - �-- ---- ----- - ------- - Depiction of the Propertv ( ------ t = - � , -- ,� �` E � } --` r � ---- _9� � .� <r 7� � � — =_ T T .- - ��' �-� � _ � � � - � t i :�F9Fi;Yi�i._;i �.Tl=FE`7' ���,� � , _ �r .----- -'' i � j i � � �� � � . .���� � € � T � '� � �: �:� � �.�� 4 m $ � � " � .��_a �� �;��,, .: � , � , � -. r. r s ; �`� c, ., r" � c� i:, � r� ; � t i ° ! t � ��i � � i i i � � i G3 � � I ., . _ . � . � � R° —` � �=— '� � ` ,��", �'. � .�` $1 ?' �_ ,—, � � " °� e y X. ..:,..._...._-......_...__....._a........_..:..._.-.,..�. $ � � r t t _......_. ....___�..._..__..._..._ ..v..__..,..__..—._ �„F - �t ; ;,t� � `'",_ "" �J� ''�... � Y "' ^�_ > \..~.'... ... ��0�� ._'__�'__"__ ___. __ _' . _._._"_'_ . "_"_'_" __'_.. .{�. ' __- � " _ .r tif rr - -._...:_ _ _ _ _ _ _. - . --- . _ . _ _. Deniction of St. Paul's Half of the Warehouse � � �=- STN �t� 0 � �'f' � w ��� � �� � �� � �� � C[� � e-E � � i"f � � � �• �n � 00 � rs� � tp �"..._-�.C_? ?�r��j� Cr3 N � � +�—+ \ � bf� -glv � _ -- -- - - - �x�F� e -------- ---- - — _ 5cone of Imnrovements work and costs to the premise as shown on Eghibit A � 14icGong4 ��„�,s,��.yc�ya�,� Uniter� Hospital Pmj¢ct ELOtRNGChavgeQVer Lae�: &tPar�l NWilec[ NtA Esmnste9Y- NW c���u: e�a o� mrmme o��g�� �,!_; : � •.� � s+zantas ?licGongL �ct=�3a��a� � `• s • . • ' i• • . � , i• I ��� , i_ a , r ,. .� . ` � ' � 5��3 5� . �� r r_ � � t � ' P�e ������ _. _.. .---_._---.---'----����-$---------�_.` State Caaitol Surface Lots B& C arnrw_a�irans�ce.mnus�ma .� r � a ., � ��- ��� - _ -- -- - _ ___ _-- _. __- --_ _ _ _ _ - --= --- --- - �����--= -- - Shuttie Bus Services by Minnesota Coaches, Inc. vr�rttea oe ant2oaa at a=z4 i4i�nesata Cuaches, Inc_ "�` ' CusMmer H'rstorg Sammary 3uadap,9agust2d, :4ti8 ta Satmdap, SepMmLer35,21ifl9 L"nited Hnspita�Par�mg � M..F7�...1 Ehat�Il) D¢paxtiae R� � -- — PQN Bns1�'Pe #Bffies 1Y1� 2tFHoffis 7YICmst �tiAre 95318 0.^s�L�� 09t3� R2�CP�Stmffie Umi&d�sp�l IvfINI}3 4 QOU M6t� Tmxm 2�606:#! 9s�s n� asrz�� a.xer�a:.s-� u��,�+� ��a a am �m� z,v�w� zgos.se ss�zn nsm.m� �a xr:cn�smae[e uv�� x�mn�i a o.m ��, zya�.va 2�s.� 9S3Td 98^,9:W8 98(ffi�6 &L:CF�Smffie UaadS�i MINS3Z A 40'J #ffitWa ?�S9U 2�96.99 95371 OE29,4� 9�29s'0% BteCPm�+g5�t8e� II�tT�spaal M[FII33 § R(fl �tiL� 2,406.96 2�D5.�! vs� a9.ma� os.vue� x�acn�s� u���i bm�n�a a am �� 7yaff.v� zgos.� ss�za re.msroa aa�a.�� u�et��rs� xmai�� a am �affi zs�s.va zpos.sv 9151d OA'{I4.�. A.0.�A9ffi RNCP�T�n�S{m¢te UmicdHwgieal. hIINI3l 4 kU6 �+� ?',90d.AJ 2906.S�E1 433?6 �Akffi 44A5� ZfItiCPmti�gSbwBe U�� hllidi3l 9 ti3O� y(&� ��q6_#3 Z�PS,q(M� ss� . �,.c�s� u���t amra�a a am aa�� 3coasa 2�+s:9a 95378 8h?GP�a9m� UmledHw�a1 bffidi}t A QU] �t{@e �yOS#1 2,90fi.+YF 99?9 LP3,2� �RQOB R27�1§d'vv'�ml� Vv#d�'P� irD?dt}i -0 RIXk M&� 2�.94 .^.¢4d:fi7 4333� 09iP1� 04�Ek,0� %QtiCPmEn9�S�e IInihd�al A933I33 4 QtlP +��s �,5W6.9a ?'�,996W1 ss3�s aa.rszt� �n� atn�cp�smmse u�aa9q�si a�mai�i a am .xum� ?sarsr3 �.so �tmt�n�c€�m� nu aq� aq�aer Tr�falfaeTrmr o.no- 4a�.m GraodTota� aaa aq�.w �q� Minnesota Coaches,Inc. Mike Karlin 425 East 31st Street Hastings, MN 55033 651-437-9648 Fax: 651-437-1302 ��. � _---. __-._- -------����_ Attached Insurance Letters