10-590Council File # 10-590
Presented by
Green Sheet # 3112336
RESOLUTION
41NT PAUL, MINNESOTA � �
1 WHEREAS, Rose Kaz�s�d the Twin City Refuse & Recycling Station, Ina ("TCR") operate a
2 refuse and recyciing business at 318 West Water Street in Saint Paul, as shown on Attachment A; and
3
4 WIIEREAS, TCR has requested the diversion of a portion of city pazk land along the West Side
5 river bluff abutting 318 West Water Street (the "Park Properiy") for use by TCR's refuse and recycling
6 business, as depicted on the drawing attached hereto as E�ibit A, a copy of which is on file in the Office
7 of Financial Services, Real Estate Section, file number OS-PKLDVRS-2010; and
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WHEREAS, TCR also has requested the use of a portion of city property used for flood control
purposes and abutting 318 West Water Street (the "Levee Properry"), as depicted on the drawing attached
hereto as Exhibit A; and
WHEREAS, the Saint Paul Pazks & Recreation Commission supports TCR's use or "diversion" of
the Park Property, as stated in its resolution, Number 10-11, adopted May 12, 2010, and shown on
Attachment B; and
WHEREAS, staff from the Deparhnents of Pazks & Recreation and Public Works recommend
granting to TCR a five-yeaz license for the use of the Park Property and Levee Property for said business
operations, and TCR has agreed to pay just compensation as determined by an independent appraisal
pursuant to Section 13.01.1 of the Saint Paul City Charter; now, therefore be it
RESOLVED, that the proper city officials are hereby authorized and directed to grant to TCR said
license over said Park Property and Levee Property in a form and content substantially as set forth in
Attaclunent C; to accept just compensation from TCR; to deposit the Pazk Property portion into the
Parkland Replacement Fund, which is to be held in reserve for future purchase of park property as required
in Chapter 13.01.1 of the City Charter; and to be fully compensated by TCR for all fees required by the
City to comply with its pazkland diversion guidelines.
Boshom
Carter
Harris
Stark
Thune
Absent
�
Requested by Department of:
Pazks
p B�:
Afi' y Department of:
ic \
By. �
Approv by t�e O f�Fi,
Adopted by Council: Date ��� ���/�"j By: ��
Adoption Certifie C uncil cretary Approved b City Attor iey��
B � B y : �/ /`�� t�/�
Approvedb ay . Date tp Approved y a for Submission to Counci]
B Y' B Y' �S�
J ( �N o L � P� [+vYN� 10-590
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepartmenUOfficelCOUncil: Datelnitiated: GYeBII ShEel. NO 3112336
PR _ Parks and Recreation ZO MAY 2010
Contact Persoa 8 Phoae: Deoartrnent Sent To Person Initial/Date
BNC2EfIpelbfBkt y U mancialServices BNC¢EO elbrekt ��
266-$$54 1 arlu and Recreation Parks & Rec Dirtttor
A55ign 2 obGc Works Pablic Works Dimctor �S
Must Be on Council l�qenda 6y (Date): Number
02JUN-10 FOr 3 ' Attorue Lisa Veith
Routing < mancial Services Finance Director
Doc. Type: RESOLUTION Otder 5 or's Office Ma or or D Ma or
6 ouocil CityComcil -
E-0ocumeM Required: Y
7 ' Clerk • Cti Clerk
DocumeM Contack BNCe Engelbrekt
CoMaM Phone: 266-8854
Total # of Signature Pages _(Clip All Locations for Signature)
Aaion Requested:
Approve resolurion to authorize diversion of city pazkland and use of non-pazk city land via a 5-yeaz license with Twin City Refiue
& Recycling Sta6on, Inc. located at 318 West Water Sheet in Saint Paul
Recommendatlons: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions:
Planning Commission �. Has ihis personlirm ever woriced under a coMraciforthis depariment?
CIB Committee Yes No
Civil Service Commission 2. Has this personffirm ever been a cily employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current aty employee?
Yes No
F�cplain all yes answers on separate sheet and attach to green sheet.
Initiating Probfem, lssues, Opportunity (1Mho, What, When, Where, Why}:
Recenfly it was determined that Twin City Refiue (TCR) is encroaching on city park land and other city property used for the flood
levee. The City has identified the portion of its land that TCR may can continue to use for its business operations and has drafted a 5-
yeaz license for this p�irpose. The value of the licensed azea has been deteimined by an independent real estate appraiser. The
resolution would authorize the diversion of parkland and execution of the license and receipt of required fees.
Advanqges If Approved:
The City may divert pazk properry (via license) that is unusable for pazk programining, and receive funding for future parkland
purchases. Funding associated with the non-pazk flood conuol property would be used for flood control tnaintenance.
Disadvantages If Approved:
Ciry park land and non-pazk land will be in use by a private party.
DisadvanWges If Not Approved:
The City would forego additional funding for future park purct�ases and flood control maintenance and the taac-generating business
operarions of a private properiy would be greatly curtailed.
Total Amount of
Transaction: CosHRevenue Budgeted:
Funamy source: Twin City Refuse & Recycling pct;visy r+umner: 720-50087 and
Station, Inc.
Financial Information: � amount paid by TCR for the License will be approxima[ely $3,000, but is subject to the appraiser's
(F�cplain) appraised value that will be forthcoming shortly.
May 24, 2010 10:37 AM Page 1
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Attachment B
S pa Parks a�a Recreation Commission
300 City Hall Anacx, 2S W. 4tle Strat, Saint Paut, MN 55 t02 -(fi51)266-6400
RESOLUTTON #10-11
WIIEREAS, the Saint Paul Pazks and Recreation Commission ("Commission") is an
appointed body established to advise the Mayor and City Council on long-range and citywide
matters related to Pazks and Recreation; and
WHEREAS, Section 13.01.1 of the City Charter requires that the Commission review
any diversion or disposal of park property and present a recommendation to the Saint Paul City
Council; and
WFIEREAS, the City of Saint Paul, Division of Parks and Recreation, owns park
property wnsisting primarily of river bluff between Harriet Island and the West Side residential
neighborhood above the bluff; and
WHEREAS, the owners of the property located at 318 Water Street West (see
Attachment A), which abuts said pazk properiy, have requested the diversion of a 6,650 square-
foot azea of pazk property (see Attachment B) for use by Twin City Refuse and Recycling
Station, Inc., a business operating at 318 Water Street West; and
WI�REAS, the Division of Pazks and Recreation has determined that the pazk property
may be diverted for this purpose, and recommends Commission support for the request; now,
therefore
BE TT RESOLVED, that the Saint Paul Pazks and Recreation Commission concurs with
the request for pemussion to divert, and grant via license, said 6,650 square-foot azea of city park
property abutting 318 Water Sh West to the owners of said property, and in accordance with
City Charter Secrion 13.01.1 recommends approval by the Saint Paul City Council.
Adopted by the Saint Paul Parks and Recreation Commission on May 12, 2010:
Approved: Yeas �
Nays o
Absent: �
Resolution #10-11 t�ttested to by:
� PP,I.tL�. � ,t�iu-P�v�
Staff to the Pazks and Recreation Commission
G:1Div41-COMhII55ION�Pazks Corsmrissionutaolutions�2010Vtesolution 10.11TCRefuu doc
10-590
ATTACHMENT C
DRAFT LICENSE AGREEMENT
THIS LICENSE AGREEMENT, ("License") is given as of the day of
2010, between the City of Saint Paul, a municipal corporation under the laws of the State of
Minnesota ("GRANTOR"), and Twin City Refuse & Recycling Station, Inc., a Minnesota
corporation ("GRt1NTEE"), operating at 318 Water Street West, Saint Paul, Minnesota 55107-
2011.
GRANTOR AND GRANTEE hereby agree to the covenants, conditions and restrictions
hereinafter set forth in this License.
1) Licensed Premises. GRANTOR, in consideration of the payment of the Basic Fee and
Additional Fee hereinafter specified to be paid by GRANTEE, and the covenants and
agreements herein contained, does hereby grant unto GRANTEE the following "Licensed
Premises," depicted and described herein as the Park Property and the Levee Property:
Park Propertv
Depiction:
See Exhibit A, attached hereto and incorporated herein by this reference.
Legal Description:
A license over, under and across that part of Block 1, DAWSON'S ADDITION TO
SAINT PAUL, according to the record plat thereof, Ramsey County, Minnesota
described as follows:
Commencing at the North Quarter Corner of Section "1, Township 28, Range 22, Ramsey
County, Minnesota; thence North 89 degrees OS minutes 19 seconds West, assumed
beazing, along the north line of the Northwest Quar[er a distance of 38833 feet; thence
South 00 degrees 54 minutes 41 seconds West a distance of 159.90 feet to the southeast
corner of Lot 6, ROSEN ADDITION, according to the record plat thereof, Ramsey,
County, Minnesota, the point of beginning of the leasehold to be described; thence South
37 degrees 16 minutes 38 seconds East a distance of 52.81 feet; thence South 68 degrees
15 minutes 48 seconds West a distance of 66.46 feet; thence South 77 degrees 43 minutes
47 seconds West a distance of 40.72 feet thence North 75 degrees 58 minutes 52 seconds
West a distance of 27.65 feet; thence North 87 degrees 47 minutes 48 seconds West a
distance of 15.05 feet; thence North 31 degrees 25 minutes 42 seconds West a distance of
15.91 feet; thence South 65 degrees 00 minutes 28 seconds West a distance of 17.17 feet;
thence North 37 degrees 16 minutes 42 seconds West a distance of 8.55 feet to the
southeast corner of the southwesterly 5 feet of Lot 8, said ROSEN ADDITION; thence
North 59 degrees 45 minutes 56 seconds East a distance of 4534 feet along the southeast
line of said Lot 8 to the southwest corner of Lot 7 said ROSEN ADDITION; thence
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North 72 degrees 25 minutes 56 seconds East a distance of 106.22 feet along the
southeast line of said Lots 7 and 6 to the point of beginning.
together with any improvements and struchues, if any, located thereon;
Levee Property
Depiction:
See E�chibit A, attached hereto and incorporated herein by this reference.
Legal Description:
[Awaiting legal description from TCR's surveyor]
2) Term of License. This license shall be in effect for a term commencing and ending on
the dates indicated below, unless terminated earlier by the GRANTOR as provided
herein.
Term
(Months/Years) Commencing Date Ending Date
5 years June 1, 2010 May 31, 2015
3) Use of Premises. The GRANTEE sha11 use and occupy the Licensed Premises for the
following purpose:
Refuse transfer and recycling o�erations
and for no other purpose without the prior written consent of GRANTOR.
4) Fee. The License Fee shall consist of Basic Fee and such Additional Fee as may apply.
GRANTEE shall pay Fees in advance, on the first day of the term of the License and on
the first day of payment period thereafter as indicated in the Payment Schedule
below:
a) Basic Fee
Payment 5chedule
Total Basic Fee
During License Term (Payment Period Commencing Date $ per Period)
Pazk Property
$2,000 (est.)
Levee Property
$1,000 (est.)
Annual
Annual
June 1, 2010
June l, 2010
$2,000
(estimated)
$1,000
(estimated)
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b) Addiflonal Fee. Additional Fee means all amounts, other than Basic Fee provided for
in pazagraph (4-a) above, that GRANTEE shall be obligated to pay under this
pazagraph or other provisions of this License. Additional Fee shall include, but is not
limited to, the following costs and expenses:
all ufiliries, including water, electric, gas, telephone, sewage and gazbage
collection and disposal;
ii. costs for the repairs, improvements or alterations required to be made by the
GRANTEE in pazagraph 11 of this License;
iii. all taaces on realty or personalty, general or special; (4) all public rates, dues,
chazges and assessments, general or special, of any kind upon the Licensed
Premises; and
iv. property insurance premium and/or uninswed losses as set forth in paragraph
(7) of this License.
In the event that GRANTEE does not make such payments (or any payments re-
quired to be paid as Additional Fee), GRANTOR may make the payments at its
option, and the payments so paid become Additional Fee, and aze due and payable
by GRANTEE with the payment of Basic Fee next required after written notice of
same to GRANTEE by GRANTOR.
GRANTEE shall make all payments of Basic Fee and Additional Fee to GRANTOR at
the following address:
City of Saint Paul, Parks & Recreation, 400 City Hall Annex, 25 W. 4th St.. St. Paul, MN
55102
The applicable account number for City Finance Accounting Code is:
All Basic and Additional Fee sha11 be payable on the date certain provided herein, or if no
date certain is provided, within 30 days of the billing date. GRANTOR sha11 charge
interest of 1.5% per month on any Basic or Additional Fee remaining unpaid beyond the
due date as here provided.
5) Taxes. GRANTEE sha11 be responsible for and pay a11 ta�ces and assessments against the
Licensed Premises, except that GRANTEE may at its own expense contest and challenge
the imposition or amount of any such tax or assessment as prescribed by law; provided,
however, that in the event this License is ternunated by either party, GRANTOR may at
its option require GRANTEE to pay such contested taYes pending appeal, to place in
escrow a sum sufficient to pay said taxes, or take other action that will remove said
contested t�es as an encumbrance to title or as an exception to the transferability of
marketable title to the Licensed Premises.
fil��� I�l
6) Ri�ht of Entrv. At all times during the term of this License, GRANTOR shall have the
right, by itseif, its agents and employees, to enter into and upon the Licensed Premises
during reasonable business hours or, in the event of an emergency, at any time for any
legitimate purpose.
'� Insurance.
a) GRAI3TEE'S Insurance. GIZANTEE shal] acquire during the term of this License
the following coverage:
i. GRANTEE shall be responsible for the self insurance of, or the acquisition
of Commercial Property Insurance on its personal property.
ii. COMMERCIAL GENERAL LIABILITY INSURANCE including
blanket contractual liability coverage, personal injury liability coverage
and broad form properry damage liability endorsement with a combined
single limit of not less than $1,500,000 per occurrence shall be purchased
by GRANTEE. Such insurance sha1L• (a) name the City of Saint Paul as
additional insured; (b) be primary with respect to GRANTOR'S insurance
or self-insurance; (c) not exclude explosion, collapse and underground
property damage; (d) be written on an"Occurrence Form" policy basis;
and (e) not contain an"aggregate" policy limit unless specifically
approved in writing by GRANTOR.
iii. ENVIRONMENTAL IMPARMENT LIABILITY INSURANCE,
including remediation, clean-up and legal liability, with minimum limits
of $2,000,000 per occurrence and $2,000,000 aggregate. Such insurance
sha11 name the City of Saint Paul as additional insured.
iv. AUTOMOBILE LIABILITY INSURANCE with minnnum limits of
$1,000,000 combined single limit and $2,000,000 aggregate, covering
hired, non-owned and owned automobiles.
v. WORKERS' COMPENSATION INSURANCE with not less than
statutory minimunn limits; and EMPLOYERS' LIABILITY INSURANCE
with minimum lunits of at least $500,000 per accident and with an all
states endorsement.
vi. GRANTEE shall supply to GRANTOR current insurance cer[ificates for
policies required in Paragraph (7). The said certificates shall certify
whether or not the agent has errors and omissions insurance coverage.
vii. The limits cited under each insurance requirement above establish
minimums; and it is the sole responsibility of GRANTEE to purchase and
maintain additional insurance that may be necessary in relation to this
License.
viii. Nothing in this contract shall constitute a waiver by GRANTOR of any
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statutory limits or exceptions on liability.
ix. GRANTEE shall place the insurance with responsible insurance
companies authorized and licensed to do business in the State of
Minnesota and approved by GRANTOR, and shall deliver copies of the
policies to GRANTOR on the date of GRANTEE'S execution of this
agreement. The policies required in paragraph (7) shall be endorsed to
indicate that the insurer cannot cancel or change the insurance without
first giving the GRANTOR thirty (30) days' written notice.
x. Tnsurance limits shall be subject to the tort claims liability limits as set
forth in chapter 466 of Minnesota Statutes.
8) Cancellafion or Termination. This License shall be subject to cancellation and
temunation by GRANTOR for reasonable cause at any time during the term hereof by
giving GRANTEE notice in writing at least one (1) year prior to the date when such
termination shall become effective. In the event of such termination, and on the effective
date of such termination, GRANTOR shall return any unearned Fee paid by GRANTEE
without interest Notwithstanding any other term or condition herein stated, this License
sha11 terminate upon the sale, transfer, conveyance or lease of all or any portion of
GRANTEE'S refuse transfer and recycling business or property at 318 Water Street West
(Property ID Nos. 07-28-22-21-0005 07-28-22-21-0006, the "TCR Property"), or a sale,
transfer or assignment of GRANTEE's transfer station operating license, except that in
the event such sales, transfers, conveyances or leases occur between parties currently
holding an interest in said business or TCR Property and any existing or future family
members and heirs of such parties currently holding an interest in said business or TCR
Property, and in the event of a transfer to a trust for estate planning purposes, the License
shall not terminate.
9) Notice. All notices herein provided to be given, or that may be given by either party to
the other, shall be deemed to have been fully given when served personally on
GRANTOR or GRANTEE, or when made in writing and deposited in the United States
Mail, certified and postage prepaid, and addressed to CiRANTEE at the address stated on
page (1) and to GRANTOR at the City of Saint Paul, Real Estate Section, 25 W. 4th St.,
1000 City Hall Annex, Saint Paul, Minnesota 55102. The address to which the notice
shall be mailed may be changed by written notice given by either party to the other.
Nothing herein shall preclude the giving of such address change notice by personal
service.
10) Assi�nment and Transfer. GRANTEE shall not assign or transfer this License, except
an assignment or transfer of this License to any pariy currently holding an interest in
GRANTEE's business or TCR Property, and any existing or future family members and
heirs of such parties currently holding an interest in said business or the TCR Properry,
and in the event of a transfer to a trust for estate planning purposes, shall be permitted.
11) Maintenance and Repairs. GRANTEE sha11, at its own cost and expense, be responsible
for all repairs, maintenance and upkeep of the Licensed Premises, including but not
limited to emergency repairs of any kind; routine maintenance and repair to keep the
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Licensed Premises in good repair, safe and in compliance with applicable fire, health,
building and other life-safety codes; and all repairs and maintenance needed to keep all
grounds, fences and roads within the Licensed Premises in good condition. The foregoing
obligations shall bind GRANTEE regardless of the cause of the damage or condition
necessitating the repair or maintenance, unless GRANTOR is the cause of the damage or
condition.
12) Relocation of fence and personal propertv. Within 30 days following the execution of
this License, GRANTEE sha11, at is sole cost and expense, remove its fence and all
personal property located southwesterly of the Levee Property and within the existing
city flood control easement. GRANTEE also shall, at its sole cost and expense, relocate
said fence or construct a new fence along the southwesterly line of the Levee Property
and the southeasterly line of the existing city flood control easement azea as depicted in
E�chibit B.
13) Pavments in Case of Default. GRANTEE shall pay GRANTOR a11 costs and expenses,
including reasonable attorney's fees in any action brought by GRANTOR to recover any
Fee due and unpaid hereunder, ar for the breach or default of any of the covenants or
agreements contained in this License, or to recover possession of said property, whether
such action progresses to judgment or not.
14) Surrender of Premises. GRANTEE, at the expiration of said term, or any sooner
terminafion of this License, shall quit peacefully and surcender possession of said
Licensed Premises to GIZANTOR in as good order and condition as the property was
delivered to GRANTEE. GRANTEE must remove any buildouts and trade fixtures upon
surrender of the Licensed Premises, and shall, by way of example but not limitation,
conform to all County requirements and regulations and applicable Minnesota Rules
pertaiving to Solid Waste.
15) Indemnity. GRANTEE agrees to indemnify, defend, save and hold harmless the City of
Saint Paul and any agents, officers and employees thereof from all claims, demands,
actions or causes of action of whatsoever nature or character, arising out of or by reason
of GRANTEE'S use of the herein described Licensed Premises by GRANTOR to
GRANTEE, ar the use or condition of the Licensed Premises or as a result of the opera-
tions or business activities takiiig place on the Licensed Premises, or any other use or
business acrivities for which GRANTEE may be held liable under GRANTEE's transfer
station operating license or city-issued business license. It is fully understood and agreed
that GRANTEE is aware of the conditions of the L'acensed Premises and licenses the
same "as is."
16) Holdover. Any holdover use after the expiration of the term of this License shall be
allowed only after receiving the written consent of the GRANTOR. Said use shall be
deemed to be a license only from month-to-month. All other terms and conditions of this
License shall be applicable.
17) Pollufion and Contaminants. GR ANTEE agrees to comply with a11 ordinances, laws,
rules and regulations enacted by any governmental body or agency relating to the control,
abatement, cleanup or emission of air, land and water contaminants and the disposal of
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refuse, solid wastes or liquid wastes.
GRANTEE shall bear all costs and expenses arising from compliance with said
ordinances, laws, rules, or regulations and shall indemnify, defend, save and hold
hazmless GRANTOR from all liability, including without limitation, fines, forfeitures,
and penalries arising from the failure by GRANTEE to comply with such ordinances,
laws, rules or regulations. GRANTOR also has the right to perform cleanup and charge
GRANTEE as Additional Fee for a11 such costs should GRANTEE fail to comply.
18) Controlling License. In the event there is any prior existing lease, license or agreement
between GRANTEE and GRANTOR (or its predecessor in interest) covering the subject
Licensed Premises, it is agreed and understood that this License shall cancel and
terminate any prior leases, licenses or agreements as of the effective date of this License.
19) Events of Default. The occurrence of any of the following events during the term of this
License shall constitute an event of default by GRANTEE:
a) the filing of a petition to have GRANTEE adjudicated bankrupt or a petition for
reorganization or a.rrangement under any laws of the United States relating to
bankri.iptcy filed by GRANTEE and either such petition is not dismissed within
ninety (90) days from the date of such filing;
b) in the event a petition to have GRANTEE adjudicated banln•upt is filed against
GRANTEE, the failure to dismiss such petition within ninety (90) days from the
date of such filing;
c) the assets of GRANTEE or of the business conducted by GRANTEE on the
Licensed Premises be assumed by any trustee or other person pursuant to any
judicial proceedings other than in connection with probate or other estate
proceedings;
d) GRANTEE makes any assignment for the benefit of creditors;
e) the failure by GRANTEE to timely pay Basic Fee or Additional Fee as required
by this License and such failure is not cured within five (5) business days of
receipt of written notice of such late payment;
tj the failure by GRANTEB to observe and perform any covenant, condition or
agreement on its part to be observed or performed as required by this License and
such failure is not cured within thirty (30) days of receipt of written notice of such
failure; or
g) the failure by GRANTEE or its surety to dischazge, satisfy or release any lien or
lien statement filed or recorded against the Licensed Premises within sixty (60)
days after the date of such filing or recording, whichever date is earlier.
It is an express covenant and agreement of GRANTOR and GRANTEE that GRANTOR
may, at its eleation, ternunate this License in the event of the occurrence of any of the
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events described in this paragraph or in paragraph (21) relating to liens by giving not less
than ten (10) days' written notice to GRANTEE; and when so terminated, GRANTOR
may reenter the Licensed Premises. It is further expressly understood and agreed that
GRANTOR shall be entitled upon such reentry, notwithstanding any other provision of
this License, to exercise such rights and remedies as aze provided in Paragraph (25) of
this License.
20) Compliance with Laws. The Licensed Premises described herein may be used for only
the purposes stated herein. It is the sole and exclusive responsibiliry of GRANTEE in the
use of the property to comply with a11 laws, rules, regulations or ordinances imposed by
any jurisdiction affecting the use to which the Licensed Premises is proposed to be put.
Inability or failure by GRANTEE to comply with any of said laws, rules, regulations or
ordinances will not relieve GRANTEE of the obligation to pay the Fees provided herein.
21) Non-Discrimination. GRANTEE for itself, its personal representatives, successors in
interest and assigns, as a part of the consideration hereof, does hereby covenant and
agree:
a) that no person, on the ground of race, color, national origin, religion, sex, family
status, disability, receipt of public assistance, sexual orientation, marital status,
creed or age shall be excluded from participating in, be denied the benefits of or
be otherwise subjected to discrimination in the use of said Licensed Premises;
b) that in connection with the construction of any improvements on said Licensed
Premises the fiu7iishing of services thereon, no discrimination shall be practiced
in the selection of employees and contractors, by contractars in the selection and
retention of first tier subcontractors, and by first-tier subcontractors in the
selection and retention of second-tier subcontractors;
c) that such discrimination shall not be practiced against the public in its access in
and use of the Licensed Premises; and
d) that GRANTEE shall use the Licensed Premises in compliance with all other
requirements imposed pursuant to the Saint Paul Legislative Code Chapter 183.
22) Liens. GRANTEE shall not permit mechanids liens or other liens to be filed or
established or to remain against the Licensed Premises for labor, materials or services
fiirnished in connection with any additions, modifications, improvements, repairs,
renewals ar replacements made to the Licensed Premises, or for any other reason;
provided that if GRANTEE sha11 first notify GRANTOR of its intention to do so and
shall deposit in escrow with GRANTOR a sum of money or a bond or inevocable letter
of credit acceptable to GRANTOR equal to the amount of the claim of lien, GRANTEE
may in good faith contest any such clauns or mechanic's or other liens filed ar estahlished
and in such event may permit the items contested to remain undischarged and unsatisfied
during the period of such contest. If, in the opinion of GRANTOR, the nonpayment of
any such items subjects the Licensed Premises to any loss or forfeiture, GRANTOR may
require GRANTEE to use the escrow account to promptly pay all such unpaid items and
if GRANTEE fails to pay from the escrow account, GRANTOR may pay and charge
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GRANTEE as Additional Fee.
23) Eminent Domain. In the event the entire Licensed Premises are taken by eminent
domain, or such portion thereof is so taken that in GRANTEE'S reasonable judgment it is
uneconomic thereafter ta restore the Licensed Premises and proceed under the terms and
provisions of this License, GRANTEE may temunate this License by giving to
GRANTOR thirty (30) days' written notice of termina5on, effective as of the date on
which the condemning authority acquires legal title or physical possession of the
Licensed Premises. GRANTEE hereby waives and releases any claim to or share in the
Awazd of Compensation for the taking, notwithstanding any other provision of law, this
License or any other agreement. GRANTEE may to the extent otherwise permitted in the
eminent domain proceeding, remove its own trade fixtures at its own expense. In the
event GRANTEE temunates this License pursuant to the terms hereof, GRANTOR shall
promptly refund all unearned fees.
24) Default Remedies. In the event an Event of Default occurs under paragraph (18) of this
License, GRANTOR may exercise any one or more of the following remedies:
a) reenter and take possession of the Licensed Premises without termination of this
License;
b) ternunate this License, exclude GRANTEE from possession of the Licensed
Premises;
c) exclude GRANTEE from possession of the Licensed Premises, with or without
ternunating this License and operate the Licensed Premises itself;
d) terminate the License, exclude GRt1NTEE from possession of the Licensed Prem-
ises, sell all or any part of the Licensed Premises at the best price obtainable
(provided such sale is permitted by applicable law), such sale to be on such terms
and conditions as GRANTOR, in its sole discretion, shall determine and apply the
proceeds of such sale less any expenses thereof for the account of GRANTEE;
e) exercise any remedies available to it under the Minnesota Uniform Commercial
Code;
fl take whatever action at law or in equity may appear necessary or appropriate to
collect the Basic Fee and Additional Fee then due and thereafter to become due,
or to enforce performance and observance of any obligation, agreement or
covenant of GRANTEE under this License;
g) in exercising any of its remedies set forth in this Section, GRANTOR may,
whether or not the License is then in effect, hold GRANTEE liable for the
difference between the payments and other costs for which GRANTEE is respon-
sible under this License.
No remedy herein confened upon or reserved to GRANTOR is intended to be exclusive
of any other available remedy or remedies, but each such remedy shall be cumulative and
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shall be in addition to every other remedy given under this License or now or thereafter
existing at law or in equity by statute. No delay or omission to exercise any such right or
power accruing upon any default shall impair any such right or power or shall be
construed to be a waiver thereof, but any such right and power may be exercised from
time to time and as often as may be deemed expedient. Except as otherwise stated in this
License, in order to entitle GRANTOR to exercise any remedy reserved to it in this
Provision, it shall not be necessary to give any notice, other than such notice as may be
herein expressly required.
25) Defauit of Pavment. GRANTEE agrees that, should it default on any payment owing
and due to be paid to GRANTOR as provided in this agreement, including but not limited
to Basic Fee and Additional Fee, then the remaining unpaid balance shall, at the option of
GRANTOR, immediately become due. GRANTEE fm-ther agrees that GRANTOR may,
at its option and without notice to GRANTEE, enter judgment against GRANTEE in
Ramsey County District Court for the amount of the unpaid balance. GIZANTEE does
hereby confess judgment in the amount of the unpaid balance due upon default, and does
authorize GRANTOR to enter judgment as provided above. G12ANTEE does hereby
agree that GRANTOR, at its option, may enter a judgment, at any time within one yeaz of
the time the last payment shall have come due, for the full amount of the unpaid balance
due pursuant to the confession of judgment provided herein.
26) Alterations. GRANTEE will not make any alterations to the Licensed Premises without
the written consent of GRANTOR, such consent not to be unreasonably withheld. If
GRANTEE desires to make any such alterations, an accurate description shall fust be
submitted to and approved by GRANTOR and such alterations shall be done by
GRANTEE at its own expense. All such work shall be performed under GRANTOR'S
supervision and any improvements made to the Licensed Premises at GRANTEE'S
expense shall become the property of GRANTOR at the end of the License term.
GRANTEE agrees that all alterations will be done in a professional uianner and in
conformance with applicable building codes and that no liens will attach to the Licensed
Premises by reason thereof.
27) Amended. Anything herein contained to the contrary not withstanding, this License may
be terminated, and the provisions of this License may be, in writing, amended by mutual
consent of the parties hereto.
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IN WITNESS WI�REOF, the parties hereto have set their hands and seals the day and yeaz in
this License first above-written.
GRANTOR:
City of Saint Paul,
Department of Parks and Recreation
Department of Public Works
Department Director — Pazks & Recreation
Department Director — Public Works
Director — Office of Financial Services
Mayor
City Clerk
City Attorney (Form Approval)
GRANTEE: Twin City
Refuse & Recycling Station, Inc.
Its
Its
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