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D002590CITY OF SAINT PAUL � (J0��5�0 OFFICE OF TNE MAYOR ADMINISTRATIVE ORDER No: PD/42 Date: April 4, 2006 �� �' �� � ADMINISTRATIVE ORDER, WHEREAS, ALATUS PARTNERS has requested to lease the space located at Minnesota and Eleventh Streets and fiutl�er described and shown in attached Exhibit "A" for the purpose of erecting a temporary building and advertising boazds and/or banners at some or all of the four corners of the block bounded by Minnesota, Eleventh, Robert and Tenth Streets; WHEREAS, ALATUS PARTNERS has requested the period of their lease for the term of April 15, 200C�April 14, 2007; WHEREAS, ALATUS PARTNERS is authorized to make improvements to the site, including • improvements to landscaping, asphalt, curbs and lighting; and ALATUS PARTNERS is responsible for securing own electrical and power sources; and the City of St. Paul is not responsible for providing water and sewer services. THEREFORE BE IT ORDERED, that the proper City officials are hereby authorized and directed to execute License Agreement PD/42. APPROVED AS TO FORM l'c �f- o'J-O� As ant City Attorney Date �oC FSO Director ate Mayor Head �� � � G Date il J�j� • pU0 �590 � • DATE: Apri14. 2006 Real Estate Licenses No. PD/42 GRANTOR: CITY OF SA1NT PAUL SPPD GRANTEE: Alatus Partners C/o Peter Brown, 6 West 5�' St.. Suite 700 St. Paul MN 55102 THIS IS AN AGREEMENT, dated as of the 4`� day of PAUL, a Minnesota municipal corporation, herein call� Minnesota corporation, herein called "Grantee". ,,� Grantor and Grantee agree as follows: I. to all of the terms and conditions and Eleventh Streets, Saint Paul, "A", and herein called °Lice 14, 2007. The Grantee s e� Grantor at least 30 dav _ advanc CITY OF SAINT PAUL LICENSE AGREEMENT between the CITY OF SAINT and ALATUS PARTNERS, a tor hereby grants to Grantee a license, subject ip d use that certain land located at Minnesota ribed and shown on the attached E�ibit ;i g April 15, 2006, and continuing until April this license for up to 12 months by notifying the ition date. II. Fee. Grantee receipt of this III. IV. �az ($1.00) for this License, and Crrantor acknowledges Dollar ($1.00). Use. To erect aintai temporary building, and advertising boards and/or banners at the four corners of the c ded by Minnesota St., Eleventh St., Robert St. and Tenth St. as described and shown ached Exhibit A. The signs will be installed by the Grantee in such a manner as to not interfere with City operations on the site nor the field of view of motorist. A. Grantee is authorized to make improvements to the site, including improvements to landscaping, asphalt, curbs and lighting. B. Cn•antee is responsible for securing own electrical and power sources. Grantor is not responsible for providing water and sewer services. Insurance. A. Grantee's Insurance. The Grantee shall acquire during the term of this license the following coverage: . (1) COMMERCIAL GENERAL LIABILITY INSURANCE including blanket contractual liability coverage, personal injury liability coverage and broad form X�uteal Estate�I,iceases�PD42�PD42 Licevse w Alazus Parlvers at PSB.doc Page 1 of 4 �OD ��� U • . • �2) (3) (4) (5) (6) ��) properiy damage liability endorsement with a combined single limit of not less than $1,OOQ000 per occurrence sha11 be purchased by the Grantee. Such insurance sha11: (a) name the City of Saint Paul as additional insured; (b) be primary with respect to Grantee's insurance or self-insivance; (c) not exclude expiosion, collapse and underground properry 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. WORKERS' COMPENSATION INSLJRANCE with not less than statutozy minimum lunits; and EMPLOYERS' LIABTLITY INSURANCE with mnumum limits of at least $100,000 per accident and with an all states endorsement. The Grantee shall supply to Grantor current insurance certificates for policies as required. The said certificates shall certify whether or not the agent has errors and omissions of insurance coverage. The limits cited under each insurance requirement above establish minimuxns; and it is the sole responsibility of the Grantee to purchase and maintain additional insurance that may be necessary in relation to this license. Nothing in this contract shall constitute a waiver by the Crrantor of any stahxtory limits or exceptions on liability. 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 shall be endorsed to indicate that the insurer cannot cancel or change the insurance withotxt first giving the Grantor 30 days' written notice. Insurance limits sha11 be subject to the tort claims liabiliry lunits as set forth in chapter 466 of Minnesota Statutes. V. Assi¢nment. The rights granted herein may not be assigned. VL Indemnification. Grantee shall exercise its privileges hereunder at its own risk, and shall indemnify and hold Grantor hannless from and on the account of any and a111oss, damage, costs, including 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 not be liable to Grantee if for any reason Grantee's occupation or use of the premises hereunder shall be hindered or disturbed. VII. Pollution and Contaminants. Grantee agrees to comply with a11 ordinances, laws, rules and regulations enacted by any governmental body or agency relating to the control, abatement or emission of air and water contaminants and the disposal of refuse, solid wastes or liquid wastes. Grantee shall bear all costs and expenses arising from compliance with said ordinances, laws, rules, or regulations and sha11 indemnify, defend, sa�e and hold harmless Grantor from all liability, including without limitation, fines, forfeitures, and penalties arising from the failure by Grantee to comply with such ordinances, laws, rules or regulations. Grantor has the right to perform cleanup and charge the Cn•antee as Addifional Fee for such costs should the Grantee fail to comply. G:Uteal Esta[eU.icenses�PD42�PD42 Licenu w Alatus ParNers at PSB.doc Page 2 of 4 b v v �-s� o • VIII. Tort Liabilitv. Grantor is a polirical subdivisions of the State of Minnesota and subject to the provisions of Chapter 466 of Minnesota Staiutes. Cnantee hereby agrees to indemnify Grantor for all liability associated with this license that are not excepted by the terms of Minuesota Statutes 466.03 and with ma�cnnum axnounts consistent within the limits on liability set forth in Minnesota Statutes 466.04. • • G�teal EstateU.icenses�PD42�PDA2 License w Natus PaMers at PSB.dx Page 3 of 4 j�bU�O � IN WITNESS WIIEREOF, the parties hereto have set their hands and seals the day and yeaz in this Agreement first above-written. Grantor — City of Saint Paul Mayor City Clerk Director on Financial Services Chief of Police or Designee • Approved as to Form City Attorney Grantee — Alatus Partners IYs It's n U X:�Real Fstate�I,iceuses�PD42�PD42 License w Alatus Pazmers at PSB.doc Page 4 of 4 ��a�o • H W W 2 F— � H � � W Z Z � ..;;:x= . , , , ::z �wx � . � �,. �� �-' n s; , I x �, � I xY � � ° � � , �� � � � � , � .. � �r` ,� : ° �r s � , � � � � � � � � � < x 6 � -� � .,,. . . � f,aM?� ' ELEVENTH STREET � 6 � . 6 � .�I PARKING LOT 10 STALLS s �2 II 13 �� 14 9 15 8 Ib � s � so I 31 . ,� � �F I W W � � I� W m O �� � � � n i r, .��'t,s:�':. � ; .t y ...: - .. , ;:� :��. � ' '� � ' � �,s".'�'��, � `S '4�„" ,• .',- p - V ;. � ExisTi � � �uBUC���' � � � Yt. ,x � � .� wr �; . ° G �A w *y " � : fx k. e��"� '�� y � � � � .�"�.` � . w , „� � ' �; � x , �,. � ;.. . ,. . _. TENTH STREET LEASE 42 EXHIBITA PARKING PLAN • ALATUS PARTNERS MARKETING AREA � � FIRE PREVENSION & VISITORS _ FIRE ADMINISTRATION � NARCOTICS & VICE _ SPPD TRAINING COMMUNICATIONS CENTER � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet G� n heet � � N M, N,A Contact Person 8 Phone: � `�, _2_1QCO S�Sl9 � v s . Must Be on Council Agenda by (DateJ ContractType: A60TiER ADMINISiRATNE ORDER Date Initiated: 09-APR-06 �-' Number For Routing Order Green Sheet NO: 3030256 0 1 Dave Ne n 2 3 �oliceDeoar�e t I ChiefHarrineton LJ� 4 'oanrial Servi Matt Smith 5 Ma or's O�c /_ iLt'i3 G�d '()Q1tP � rvn ��N InitiaUDate Topl # of Signature Pages _� (Clip NI Locations forSignaWre) Action Requested: Signatures on Administrative Order requesting license of properry at Minnesota & l lth Sts, described on attached map. Sample copy of license also attached. Recommendations: Appfo�e (A) w R Planning Commission CIB Committee CiHI Senice Commission ��"L. Following Questions: t. Fias this persoNfirm e�er worked under a contrect for this departmeM? Yes No 2. Has this persorJfirm eeer been a city employee? Yes No 3. Does this persoNfirtn possess a skill not rwrtnally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet IniGating Problem, lssues, Opporlunity (Who, What, When, Where, Why): Alatus Partners needs site from which to conduct condo sales. �: � � Advantages HApproved: Condo sales proceed Disadvantages MApproved: None Disadvantages H Not Approved: Alatus will need another site TotalAmountof $� Transaction: Punding Souroe: Finaneial Information: • (Explain) April 4, 2006 2:56 PM 1� � � � Q � � �AYOR'S OFFiCE CosHRevenue Budgeted: Activity Number. Page ����'e�-, �l��l�� � ��