09-1391Council File # — ��'j
Green Sheet # 3091196
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CITY
Presented by
RESOLUTION
SAINT P�UL, MINNESOTA
0
WHEREAS, the City of Saint Paul, acting fluough and by the Samt Paul Fire Depamnent, heieinafter called the "City", desires
to conduct various fae training exercises at the property commonly known as Building 27 on the Rock Tenn complex at 2250
Wabash Avenue located in the City of Saint Paul, Ramsey County, Minnesota; and
WHEREAS, upon informarion and belief, the above described properties are owned m fee by Rock Tenn Coiporarion, 504
Thrasher Street, Norcross, Georgia, 30071 hereinafrer called "Owner"; and
WHEREAS, the City desires to enter into a proposal and agreement with the Owner to conduct fue h exercises at the
properties described above; and
WHEREAS, fhe Owner has mdicated a willingness to accept the City's proposal upon the signing of an agreement between the
City and the Owner wherein the City will save and hold harmless the Owner from any and all daims of third parties as might be
asserted as the result o� and during the time of, the Ciry's �aini�g exercises conducted at the pioperties desciibed above sub�ect
to the Ciry's legal iminuiuries and statutory tor[ limits;
NOW THEREFORE IT BE RESOLVED, that the proper officials of the City are hereby authorized and directed to execute such
an agreement with the Ownez for the purposes of permitting fue training exercises at the property commonly known as Building
127 at 2250 Wabash Avenue, SainT Paul, Minnesota;
AND BE IT FURTHER RESOLVED, that the proper officials of the City are hereby authorized to enter into an agreement
contaimng language indemnifying the Owner from any and all claims of tlurd parties as might be asserted as the result of and
during the time of, City's training exercises as the address noted hereunder subject to ihe City's legal immunities and statutory
tort limits;
AND BE IT FINALLY RESOLVED, that a copy of said agxeement shall be filed and kept as a record in the Office of Financial
Services of the City of Saint Paul.
Requested by Depaztr eat�of:
Fir `W—�
By:
Adoption Certified by uncil Secretary
By: �
Approv y }*@r: Date � � �
lit
By: / 6
Adopted by Council: Date �`���3�0 J
� Green Sheet Green Sheet
Green Sheet Green Sheet Green Sheet Green Sheet
� �'��J��
�
� DepartmenVOfficelCouncil: j Date Initiated: '
FR-F�fe � tODEC2009 ; Green Sheet NO: 3091196
Deoartment Sent To Person Initial/Date
, Contact Person & Phone: � � i __ — �
Keith Morehead ' �� o �re � ,
� 228-6223 - 1 Fire Deyartment Director
� '� Assign 2 'Cit�Attorney CiNAtto�ner �—
Must Be on Council Agenda by (Date): Number , 3 MaYOr's O�ce MavodAssistant '�
For
� Routing 4 Council ' '
; Doa Type; RESOLUTION ! Order '� 5'Cib Clerk Ciry Clwk �
', E-Document Required: Y
j Document Contact: .1ill LaCasse
�� Contact Phone: 228-6257
Total # of Signature Pages _(Clip All Locations for Signature)
Action Reauested:
Approva] of the attached Council Resolution authorizing the Saint Paul Fi�e Department to conduct various fire training exercises at
the property ]ocated at Building 127 at 2250 Wabash Avenue, Saint Paul, Minnesota.
Recommendations: Approve (A) or Reject (R).
Planning Commission
CIB Committee
Civil Sernce Commission
Personal Service Conirects Must Answer the Faliowing �uestions:
1. Has this person/firm ever worked under a contract for this depadment?
Yes No
2. Has this personlfirm ever been a cRy employee?
Yes No
3 Dces this person/firm possess a skill not normally possessed by any
current ciry employee�
Yes No
Expiain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The Saint Paul Fire Department has been offered the opportunity to conduct fire training exercises as a result of the owner's
willingness to offer this property for training purposes. ..
AdvanWges If Approved:
Disadvantages if Approved:
Disadvantages If Not Approved:
Total Amount of
Transaction:
Funding Source:
Financial I nformation:
tExplain)
CosURevenue Budgeted:
Activity Number:
December 10, 2009 9:07 AM Page 1
a�- i� J
FIRE TRAINING EXERCISE
An agreement dated this 3rd day of Dec er
Paul, Minnesota, and hereinafter called "City°
Thrasher Street, Norcross, Georgia, 30071,
)PERTY AGREEMENT,s�
;�,7t-� � �. 0.. /
`�� '° /
by and be een t e City o Saint
Rock-Ten Corporation, 504
iafter individually and collectively
called "Owner".
WITNESSETH:
Whereas, the City, acting through and by its Saint Paul Fire Department, desires to
conduct various training exercises in the interest of instructing and enhancing its staff in
the many and varied techniques of fire suppression; and
Whereas, the training exercises involve a variety of tasks that necessarily result in
the destruction of materials and properry and include such activities as burning, sawing,
boring, axing and chipping; and
Whereas, the City has need of a stock of existing structures, both commercial and
residential to use in its training exercises; and
Whereas, the Owner represents that he/she/they is/are the fee owner for the below
described Property; and
Whereas, the Owner has generously offered the structures located at the Property
identified below to the City for the purposes of assisting the City in its fire training; and
Whereas, the Owner acknowledges adequate and sufficient benefit and
consideration in permitting the City to enter onto the Property identified below and the
performance of fire instruction classes; and further, acknowledge the receipt of benefit in
allowing the Owner' s Property to be part of this worthwhile and critical educational
program; now therefore,
IT IS MUTUALLY AGREED BY AND BETWEEN THE CITY AND OWNER AS
FOLLOWS:
1) That the foregoing recitals are incorporated herein by reference.
2) That the Owner has removed any personal property or materials from the
Property Building 127 (the `Building") on the Rock-Tenn complex located at Rock-
Tenn, 2250 Wabash Avenue, Saint Paul, Minnesota, SSll4(herein this Agreement, the
"Property" and freely consents to the entry of the City upon the Properties, at such time or
U 1-�3�1
times as the City desires, without notice to the Owner of its intention to temporarily occupy
the Properties for the purpose of conducting work or fire training exercises which will or
might result in the destruction of the Building and any personal property or materials in the
Building. The Owner hereby releases the City, its officials employees, agents or
representatives, from any and all claims or lawsuits for injury to persons who are within 100
feet of the Building at the time of the work or fire training ar damages, direct or incidental,
to the Building, on account of the wark or fire training performed under this Agreement.
3) That the City, in consideration of the Owner's consent granted hereunder, will
(except as set forth in Paragraph 2 above) save and hold harmless the Owner from any and
all injury or damages claims of third parties, other than that of the owner and owner's
responsibilities, as might be asserted as the result of City's training exercises at the address
noted hereunder subject to the City's legal immunities and statutory tort limits.
4) That, subject to the Ciry's immunities and statutory tort limits, the City will
also be responsible far the restoration of the premises but only to the extent of complying
with public nuisance ordinance and not for the purpose of enhancing the premises for any
other reason ar serving another end and that the City, following the conclusion of the
training exercises will not save and hold harmless the Owner from any and all claims of
third parties as might be asserted following the conclusion of the Ciry's training exercises at
the address above noted once notice has been given to the Owner of such conclusion and
restoration.
5) That the City will obtain any and all necessary variances, permits and
consents as may be required by law to conduct the training exercises and the Owner has no
obligation in such matters beyond the execution of this Agreement.
6) The Owner and the City will coordinate the time frame for the training. The
Owner has the right to cancel this agreement at their convenience. This Agreement shall be
in force until December 1, 2011.
7) That any notices required to be given by either party to the other shall be in
writing and addressed as follows:
If to the Ow �
Rock-TennW1��� �
2250 Wabash Avenue
Saint Paul, MN 55114
If to the City:
Fire Chief
Saint Paul Fire Department
100 East 11`� Street
Saint Paul, MN 55101
APPROVED AS TO FORM:
Assistant City Attorney
Subscribed and sworn to before me
tYiis �_day of ¢,�', 2009
�ic����' -�u�u2u/J
Notarv Pub;ic
CAROL ANNE FRANCIS
NOTARY PUBLIC
Barrow County
StaYe of Georgia
M Comm. Ex ires Ma 18 2072
G 1-13�/
CITY OF SAINT PAUL
Mayor
Fire Chief
Director of Financial Services
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