09-587Councit File # U J — �8�
Green Sheet # 3070244
OF
Presented by
RESOLUTION
AUL, MINNESOTA
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1 WHEREAS, the City of Saint Paul is in need of overflow parking for the patrons of Como Pazk;
2 and
4 WHEREAS, the Minnesota Agricultural Society has additional parking at times when the
5 Minnesota State Fair is not in session; and
7 WHEREAS, the A�icultural Society is willing to allow the City to use one of its parking lots, but
8 wishes to have the City indemnify it for damages or injuries during the CiTy's periods of use; and
]0 WHEREAS, the Saint Paul City Council finds that reducing traffic congestion in the
I 1 neighborhoods, sharing municipal resources and facilitating visitors access to the Como Campus is a
12 legitimate public purpose; and
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14 WHEREAS, the expenditure of public fiznds, which includes the pxomise of indemnification and
15 defense, will facilitate that public purpose; now, therefore, be it
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17 RESOLVED, that the City Council authorizes the appropriate city official to enter into the attached
�& agreement with the Minnesota Agricultural Society.
19
Bosffom
Carter
Han'is
Adopted by Council: Date
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Adoption Certified by Coi il Secretary
By: �
Approve Nb yor Date
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Requested by Departrnentof:
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By: �
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Approved by the Office of Financial Services
BY � /�
Approved b CiTy Attorney
BY� � �kt�
Approve y 1a or ubmiss' o Council
By:
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepartmenVOffice(Council: �ate Initiated: V � I ``��
p ParksandRecreation 07-MAY-09 Green Sheet NO: 3070244 �., Cf� c
Contact Person 8 Phone: ' �
Tom RusseA ,
66415
__ ___ ______._________— ASSign
Must Be on Council Agenda by (Date): Number
20-MAY-09 For
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Doc.Type:RESOLUTION Ortler
E-Document Required: Y
U ParkSand
1 Parksand
2 City Attor
3 Mayor's O
4 Council
� CiTy_Clerk
R (
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MayorlASSisiant
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Ciri' Qerk
DocumentContact: ' ; i
Contact Phone: 68415 � �
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Total # of Signature Pages _(Cli All Locations for Si nature)
Action Requested: � - - - - - -- - -
Council permission for apprapriate city officials to enCer into a confiact wi[h The Mlnneso[a Agricultural Society for use of their �
parking lot for overflow park3ng to supplement shuttle service for the Como Campus '
Recommendations. Approve (A) or Reject (R): '� personal Service Contracts Must Answer the Pollowing questions:
Pianning Commission � 1 Has this personffirm ever worked untler a contrad for this department?
Cl8 Committee Yes No
Qvil Service Commission 2 Has this person/firm ever been a city employee?
Yes No
, I 3 Does this personlfirm possess a skdl not normally possessetl by any
� I current cdy employee?
i Yes No
� � i Explain all yes answers on separate sheet antl attach to green sheet
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' IMtiating Problem, Issues, Opportuniry (Who, What, When, Where, Why):
�' Parking and traffic congestion is an issue at and around Como Campus. Parks and Recreation will be instituting a shuttle service [his
summer and needs satellite pazking azeas to accomplish this endeavor.
Ativantages If Approved: V
This will ease parking and traffic issues around Como Campus
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Disativantages If Approved:
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None �� � ��� ;i
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Disadvantages If Not Approved: � � �,
Parks wil] find I[ difficult to opernte the shuttle service and have to look for altemative lots tha[ could be more costly
� Total Amount of
' Transaction:
Funding Source:
Financial Information:
(Explain)
May 7, 2009 1:10 PM
CosURevenue Budgetetl:
Activity Number:
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Page 1
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License Agreement
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This License Agreement is entered into this lst day of May, 2009 between the Minnesota
Agricultural Sociery ("Society") and the City of Saint Paul, Department af Parks and Recreaiion,
("Licensee").
WITNESSETH:
WHEREAS, the City of Saint Pat�l is in need of overflow parking for the patrons of
Como Park; and
WHERAS, Society has additionat parking at times when the State Fair is not in session;
and
VJFIEREAS, boEh parties believe that there is a public putpos� in the use as it will rednce
tra�c congestion and parking in fl�e nearby streets, and demonstrate shared resources and
planning for effective publie lvid managemenY.
NoGV, therzfore, in consideration of the fee hea•einafter specified to be paid by Licensee and the
mutual covenants and promises harein, Society hereby gra�rts to Licensee permission to enter
Society's property as fiirther set forth belo�v.
1. Premises described; 5tate F�ir parking lot, Block 56, as set fortl� on Exhibt A, attached
hereto and incoiporated herein by reference.
2. Term of Liceuse: Apri1 1, 2009 — Augnst 10, 2609 and Apri1 i, 2Q 10 — August 9, 2014.
,
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4.
Pavment: Tlle City witl pay a fifty dollar [$50.00] fee per year for the use of ihe
premises. Consideration foi the Agreement wilt be tl�e mutual covenants and agreements
set forth herein.
Insurance: The City is self-insured.
�. Use of Premases: Licensee wiil iue the premises for overflow parking on Sahudays,
Stzndays and holid3ys during the first season Qfthe license term, to patentially expand to
weekdays during the second season of tfie ticense terni. Premises tivi11 not be available
during flie l�lirmesota Street Rod Associations Back to the 50's Car Show, Hmong Spotts
Festival and two weelcends prior to the annital State Fair and during the Minnesota State
Fair. Lieensee understands that eertain portions of Bloek 55 will noi be useable begiruiing
after August 1, as tlie 5ociety wilI begin setup of Blacic �6 for the Minnesota State Fair.
Licensee agrees to avoid parking in these portions of ehe lot and not dishirb t3ie State
Fair's equipment. By March I of each season, the Society will inform the Licensee of
any additionai dates during the season on which tlie premises �vi11 no# be available.
Licensee wiil provide a shuttle bus between Block 56 and Como Park. No other use of
tize premises is pennitted.
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6. ivlaintenance: Licensee s1�a11 maintain BIock 56 in good order, condition and repair
during the licensee's use period and surrender the premises in the same candition as
existed at the commencement of ihis aQreement. Licensee will place trash containers on
the premises, at a location to be approved by Society, Licensee w ensure that the
containers are emptied regutarly at ifs own cost during the weekend and before
12:00 p.m. on Monday's. Licensee will be required to have Society stripe the parking lot
as needed and the cost reimbursed by Licensee. All other routine or extraordinary
maintenance of tlie lot sfiall be the responsibility af the SQCiety.
Damaees: Licensee shall be cespoi�sible far the costs of repair and correctian of all
dama�e to B1ock 56 caused solely as a result of the Cify's use of the premises during
their respecYive ase period.
8. FixturesiImprovements: The License may place portaUle toi(ets on the tot, at a location to
be determined by the Society. All costs of placing and maintaining the toilets is the
responsibi(ity of Licensee. Licensee may arrange for �lacement of bus shelters on ti�e loi.
at a location to be determined by the Society. Ifthe Licensee determines thai a
pennanent bus sheIter is ileeded it will obtain approval of the Soeiety for the placenient
of sucii a shelter, to be completely funded hy Liee�isee.
Si�naee• The License may, at its own cost and expense, provide and install signage to
identify tlle site, provided, however, tli�t the size, design, Iocation and manner of
inst311ation and placement of said signage shall be stcbject to apgraval �f the Society.
Said signage shall be removed no later ihan five (5) days 3fter the end of each term.
10, Reports: By January 7� of each season, the Licertsee shali provide its operation plan for
BIock 56 to the 5ociety. At the end of each season, no iater than tliirty (30) days afrer the
fin�i use of the premises by Licensee, parties shatl meei to evaluate the previous season
to identify any problems which need Yo be resolved and wl�ether ttte License Agreement
»eeds to be amended.
1]. Assierui7eutiS�bleasitie: Licensee st�all not transfer nor assign its righCs hereunder or
suhlet any inTerestin the Licensed premises.
12. Cance(lation: Licensee and Society may cancet tliis license at any tirae by pzoviding the
other party with thirty (30} days written notice of such inYent to cancel.
13. Indenmifacation: Licensee shall protect, indemnify acid hold hazniless the Society aud its
employees, affiaers and agents, from and against atry and all claitns, den�ands and causes
of action whatsoever for iajury to or death of person, or loss or damaae to property
occurrina on the premises or in any manner resulting from the Licensee's use and
occupancy of the premises, escept to Yhe extent thaf such injury, death, loss or damage is
caused by the negligence of the Society,
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] 4. Licensee resoonsibilities: The Licensee shalf be tesponsibie for the removai of any
vehicles which are Ieft on the site at tlie end of the weekend period of use durina the first
season. or any vehide w�hich has bezn left over 48 hours durina the second season.
1�. Notices: Any notice required sha11 be sent to:
Society
City
Minnesota State Agricultiiral Society St. Paui Parks and ecre
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By: , �-r�-J
Tiffany Bauer, �vent Sales & Marketing Manager Michael H , Director
Finance
as to fonn: