10-05Council File # 10—OS
Green Sheet # 3092236
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
CITY,OF
Presented by
�
WI�EREAS, The City of Saint Paul has a need foc space to store impounded cars towed from city streets during snow
emergencies; and
WHEREAS, The Port Authority of the City of Saint Paul can license land at the Southport Indush Dishict on Bazge Channel
Road ("the Premises"), and has agreed to do so; and
NOW, THEREFORE,
BE IT 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 indemnificarion clause, to license the Premises begiiming November 1, 2009 and
continuing unril Apri130, 2010, for the pu[pose of storing impounded cars towed from city streets during snow emergencies;
and
BE IT FURTHER RESOLVED, that the proper City officers be and hereby are authorized to execute such agreemem and any
amendments, and thereby assume for and on behalf of the City a11 of the contractual obligations contained therein.
Requested by Department of:
Public Worl irector
By:
Adoption Certified by Cou 'I Secretary
BY� r c
Approve � yZ+': Date �1� �p/D
By: ,/a �
RESOLUTION
PAUL, MINNESOTA
Form Approvgd by City Attorne
BY� ��cSG9 Y-1") � Oc(�,1�
Form App� c��Service
By:
Form A oved by yor for Submissjpn to Council
/
BY� .t�.�i� �.Z.L.G�iI
Adoptedby Councik Date �� �j�J
10-OS
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepaRmenUOffice/Council: Date Initiated:
,' PW_PublicWorks 16DEC2009 i Green Sheet NO: 3092236
�
� CoMact Person 8 Phone: I � Department Sent To Person Initial/Date
, KevinNelson � o YublicWorks ilDeoartmeneac�oautaot 1
L 292$600 � I 1� blic Worla I De artment Direcror I
�� 2 'ryAttorney I CiNAttorney I
� Must Be on Council Agenda by (Date): Number I
� 0 6- J A N-0 9 For i 3�� mancial Services @'ivancial Services Director
� Routing � 4 y our's Otfice Mavo�'s O�ce I
i Doa Type: RESOWTION I OMer 5 ouncil GStv Council i
� � 6 i C7erk (,1ry C7erk I
� 7 blic Works Pubtic Works
I E-DOCUment ReqUired: Y
DocumentConWM �RYMichalitsch
Cordact Phone: 266-6065
TuWI # of Signature Pages, (Clip Atl Locatians For Signature)
Action Requested:
Approval of the attached council resolution foz a license ageement with the Port Authority of the City of Saint Paul for the purpose
I of storing impounded vehicles towed from city sheets during snow emergencies.
Recommendations: Approve (A) or Reject (R): Personal Service Contracte Must Answer the Following Questions:
Pfanoing Commission 1. Has this personffirm ever worked under a contract for this department?
CB Comm(ttee Yes No
Civil Service Commission 2. Has this personffirm ever been a city employee?
Yes No
. 3. Dces this person/firm possess a skill not normaily possessed by any
current city employee? _
Yes No
Explain all yes answers on separete sheet and attach to green sheet.
, Initiating Problem, Issues, OpportUnity (Who, WhBt, When, Where, Why): -
"The Port Authority of the City of Saint Paul can license land adjacent tA the Saint Paul Police main impound lot locafion on Buge
� Channel Road. ' � � - '
, Note: The license agreement will tie ioilted on g�eensheet number 3Q92256. '. ' �
Ailvantages If Approved:
The license is ideal because it provides an impound location that better serves the south half of the ciry.
D{sadvantages If Approved: . �
None
� Disadvantages If Not Approved:
Inabiliry to take advantage of this cooperative arrangament with the Port Authority of he Ciry of Saint Paul.
Total AmouM of -
Transadion: $�4,100.00 CosURevenue Budgeted: Y .
Funding Source: `}2382 & 42363 Adivity Number:
Financial information:
" (Explain)
, -0ecember 31, 2009 8;34 AM
Page 1
� -
lo-os
LICENSE AGREEMENT
THIS fS AN AGREEMENT, dated the g day of c�c�.vr��', 2009,
between the PORT AUTHORITY OF THE C1TY OF SAiNT PAUL, a public
corporation organized under the provisions of Minnesota Statutes Chapter 469,
herein cafled "Grantor", and the City of Saint Paul, a Minnesota municipal
corporation, herein ca(led "�rantee".
GRANTOR AND GRANTEE AGREE AS FOLLOWS:
f�
Licensed.Premises Description and Term
Grantor hereby grants to Grantee a license, subject to aN of the terms and
conditions herein, to occupy and use that certain land at the Southport Industriai
District, on Barge Channel Rd., St. Paul, Minnesota as shown attached hereto as
Exhibit "A", herein calied "Licensed Premises", beginning November 1, 2009, and
continuing until April 30, 2010, unless terminated as hereinafter provided. Grantee
acknowledges Grantor's objective of achieving shipping-related uses on subject
property as soon as possibie subsequent to License expiration.
�
Fee
Grantee shail pay Grantor Eight Thousand Dollars ($8,000.00) for this license,
and Grantor acknowledges receipt of this payment. In addition to the season fee of
$8,000, Grantee agrees to reimburse Grantor for half of the tax assessment and
speciaf assessment on the property for its use over a six-month period (assessments
for 2010 estimated to be $6,100.00).
�
Use
7he Licensed Premises may be occupied and used by Grantee for storing
impounded cars towed from city streets during snow emergencies. The licensed
premises wili be piowed and periodicaily graded. as necessary by the Gtantee.
Grantee shali not use the premises for any other commercia! purpose and shall not
perform, or permit any of its guests, invitees or licensees to perfosm any disorderly
conduct or commit any nuisance either pubiic 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 shall comply with al! rules and regulations, whether federaf, state,
49338.v1
.� .
10-05
county, or municipal re{ating 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.
IV.
indemnification
Grantee shal� exercise its Qrivileges hereunder at its own risk, and shall
indemnify and hold Grantor harmless from and on the account of any and ail loss,
damage, costs, inciuding attorney's fees, claim of damage or liability 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 fully its promises herein.
Grantor shall nat be liabie 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 estabfish the following
Contacts:
Grantor
Saint Paul Port Authority
1900 Landmark Towers
345 St. Peter Street
St. Paul MN 55102
V4.
Assiqnment
Grantee
Public Works Department
1500 City Hall Annex
25 West Fourth Street
St. Paul MN 55102
The rights granted herein may not be assigned.
49338.v1
10-05
EXECUTED BY Grantor and Grantee as of the day first above written.
PORT AUTNORI7Y OF THE
C{TY OF SAfNT PAUL
By: =--------_
esident
CITY OF SAINT PAUL
8 Y� �
Its Strezt Ma� . �nq ;n�,�r
: �,�
�
its ,r f}
I �'., - l c- ^�' ,��„r2
49338.v1
:
� �"Ia�in�-�L� �'c�in�