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D002773rro: Aooa�7�3 Date: !D �O$ — dGt�4 City of Saint Paul Office of the Mayor ADMINISTRATIVE ORDER ADNIINISTRATTVE ORDER, BE IT ORDERED, that the proper city officials are hereby authorized and directed to execute License Agreement PR/82 with Northern States Power Company, d/b/a Xcel Energy, to permit Xcel Energy to use a portion of a gravel parking lot located on city-owned Lilydale Park adjacent to Water Street West as a staging area for a transmission line maintenance project. The project wi11 involve replacing an existing lattice tower structure with a tubular steel H-frame pole on concrete piers and steel pipe piles, as well as the installation of one new three pole H-frame wood structure and the removal of another three pole structure. APPROVED AS TO FORM �r��ii �� Assistant City Attorney Date ��i ��d� ��s ��S LICENSE NO DATE: September .2009 GRANTOR: CITY OF SAINT PAUL DIVISION OF PARKS AND RECREATION c/o Citv Real Estate, 1000 City Hall Annex 25 W. 4'�' St. Saint Paul, Minnesota 55102 GRANTEE: NORTHERN STATES POWER COMPANY d/b/a XCEL ENERGY 414 Nicollet Ma11 Minneapolis Minnesota 55401 Licensed Premises. The Licensed Premises is that certain land located within Lilydale Regional Park in Saint Paul, Minnesota, which is depicted on Exhibits A1 and A2 attached hereto and incorporated herein by this reference. 1) Grant of License. Grantor, in consideration of the payment of the fee hereinafter specified to be paid by Grantee, and the covenants and agreements herein contained, does hereby license unto Grantee the premises hereinafter referred to as the Licensed Premises. 2) 3) i� Term. This License shall be in effect for a term commencing and ending on the dates indicated below, unless terminated earlier by Grantor or Grantee as provided herein. Term �Months/Years� 3 %z months Commencine Date September 15, 2009 LICENSE AGREEMEi�TT Endine Date December 31, 2009 If Grantee requests additional time to use the Licensed Premises, Grantor may, by written agreement of both parties, extend the term on a month-to-month basis for up to six additional months. Use. Grantee sha11 use and occupy the Licensed Premises for the following purpose: Storage of construcHon materials and supplies, and access to an existing Xcel easement, to replace electric transmission towers, and as further described in Exhibit B(attached). and for no other purpose without the prior written consent of Grantor. � ��a�� CITY OF SAINT PAUL 5) Fee. Grantee shall pay to Grantor a fee of $500.00 in advance of the first day of the term of the License. Grantee shall pay the fee to Grantor at the following address: Citv of Saint Paul, Real Estate Division, 1000 Catv Hail Annex. 25 W. 4�` St., Saint Paul, Minnesota 55102. If the terxn � 1�DU 2-�� of the License is extended by mutual agreement of both parties beyond the Ending Date provided in Section 3, Grantee shall pay Crrantor $100 for each month of extension, and shall remit payment for the extended term at the conclusion of Grantee's use of the Licensed Premises. 6) Insurance. Grantee or Grantee's contractor shall provide Crrantor a current certificate of insurance naming the City of Saint Paul as an additional insured under Grantee's or its contractor's commercial general liability policy for its use of the Licensed Premises. � Restoration. Upon completion of said construction activities on the Licensed Premises as described in Section 4, Grantee shall at its own expense restore the Licensed Premises and any adjacent areas that may have been disturbed by the said activities to a condition: a) substantially the same as existed prior to said activities; and b) reasonably acceptable to the Division of Parks and Recreation. Some trees and shrubs may require removal during the relocation of the power pole. Any trees scheduled to be removed must be marked and the Parks Department contacted at least 48 hours prior to their removal for evaluation. If the trees are determined to be of significant value, they must be replaced in kind at a location to be determined by the Parks Department representative. The parties agree there shall be a one-to-one replacement ratio for any lost, damaged or removed trees within one year after substantial completion of any and all activiYies by Grantee. Replacement trees shall be guaranteed for a period of one (1) year from the date of installation. These restoration conditions pertain to the Licensed Premises only, and do not pertain to the proposed construction area located within Grantee's existing easements. 8) Sridee Wei¢ht Limits. At all times during construction, vehicles operated by Grantee and Grantee's contractor shall not exceed the maacimum weight limits in place on the nearby bridge. 9) Indemnitv. Grantee agrees to indemnify, defend, save and hold harmless Grantor, its officers and employees from all suits, actions or claims of any character brought as a result of injuries or damages received or sustained by any person, persons or property resulting from an act of Grantee's or its agents' use of the Licensed Premises only as to a claim brought because of any act of misconduct, neglecY, or omission of Grantee or because of any claims or liability arising from any violation of any law or regulation made in accordance with the law, whether by Grantee or any of their agents or employees. 10) Pollurion 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 ar emission of air and water contaminants and the disposal of refuse, solid wastes ar liquid wastes. 11) Cancellation or Termination. This License shall be subject to cancellation and termination by Grantor or Grantee at any time during the term hereof by giving written notice to the other party at least thirty (30) days prior to the date when such termination shall become effective. If Grantar terminates this License, Grantor must refund any amount previously paid by Grantee to Grantor for the period of cancelation. 12) Surrender of Premises. Grantee, at the expiration of said License term, or any sooner terminaUon of this License, shall quit peacefully and surrender possession of said Licensed Premises to Grantor. 13) Amendments. The provisions of this License may be amended by mutual written consent of the parties hereto. 7 ��a�� IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year in this License first above-written. GI2ANTOR: N/A Mayor or Deputy Mayor N/A City Clerk ��' City Attomey (Form Approval) GRANTEE: ��/�� Greg P. Chamberlain Director, Portfolio Delivery & Integration Xcel Energy Services, Inc. As Agent far Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy � c� o �-'('i 3 � x � r• � N- cr � N � - ..; � , _� � _ _ �-.. � ;� �x � sR � � '� � � ' xb � �£ . ,� C � . � _ - � � = � � .� v: = _ � � rc�. � ��,� �� .�bm � = a�� T �h R c� F + �'/ �'�`�� s �� :: + i� �- � � : '� s. i s "-,.. ��_;. �, r �4 _ 's� w� � , . . .... . 3 `:_=�; ...:"J � �,"°°' „ v. ; �� "v �� :a . rµ � ° �'x„v � ,� 5�„', .s�,. . . .. , A•-�;.< � � Xcel Energy� Exhibit B August 31, 2009 Bruce Engelbrekt Real Estate Manager Financial Services-Real Estate City of St Paul 25 West 4 Street Room 1000 St Pau{, MN 55102 Dear Mr. Engelbrekt, Dot��' 414 Nicollet Mall Minneapoiis, Minnesota 55401-1993 Xcel Energy would like to use a portion of a gravel parking lot located in Lilydale Park off Water Street West as a staging area for an upcoming transmission line maintenance project. The project will involve replacing an existing lattice tower structure with a tubular steei H-frame pole on concrete piers and steel pipe piles, as well as the instal{ation of one new three pole H-frame wood structure and the removal of another three pole structure. Xcel crews and contractors will use the staging area for the storage of poles, steel pipe, and other construction materials needed to install the pilings and foundations for the new structures. The staging area will be needed for approximately 3 Y2 months. Materials are expected to be delivered from the east entrance off of Water Street and equipment such as cranes, bucket trucks and loaders wiil be used to transport materials from the staging area to the work area as shown on the attached map. Piling driving and foundation work will take place within the easement area west of the gravel parking lot. Should you need any further details regarding this request, please feel free to contact me. Sincerely, � Chris Rogers Siting and Land Rights 612-330-6078, office 612-202-0343, cell Christopher.c. roqers@xcelenerqv.com DO6 �� : �� r �� as�cs�uici�arlexz�i3u;€�s " ° = y � _ �su� PROOVCER � � it{�$ CERTIFlCATE IS ISSUED�AS A MATTER OF INPoRMATION ONLY�AND� Ha 5 Cotn nie5 CoNPERS NO RIGHTS UP�N THE GERTIFlGATE HOIDER THlS CERTIFICATE Y Pa DOES NOT AMEND, EX7END OR AL7Ef2 THE COVERAGE AFFORDED BY THE IDS Center, Suite 700 pOLIC1E5 BELOW. 80 South 8'" Street tNSURERS AFFORDING COVERAGE NNC # Minneapoli5� MN 55402 INSURER A: ACE American Insurance Company PHONE NO. (� 23�.33Z� FAX NO. 6� Z-3��7Z7O INSURER 6: INSURED Xcel Energy Inc. IrvsU�t c: Northern States Power Company — Public Service Company of CO WSURER D: Southwestem Public Service Co 414 NicOlfet Ma114'" Ftoor Minneapolis MN 55401 INSURER E: COVERAGES THEPOLIqESOPINSURANCELISTEDBELOWHAVEBEENISSUEDTOTHEINSUftEDNAME�ABOVEFORTHEPOLICYPERIODINDICATEO NOTV✓RHSTANDING ANY REDUIREMENS', TERM OR CONDITION OF ANY GONTRAGT OR OTHER COCUMEM WihV RESPECT TO WHICH T}115 CERT{FICATE MAY BE ISSUED OR MAV PERTAIN THE INSURANCE APFORDED BV THE POLICIES DESCRIBED HEREIN IS SU&IEGT TO ALL T}1E TERMS EXCLUSIONS AND GONDITIIXJS OF SUCH POLIqES AGGREGATELIMITSSHOWNMAYHAVE6EENREDUCEDBVPAIDCWMS POLICY POLICY wsa noa. EFfECTIVE EXPIRATION �� p � p TYPEOF INSURANCE POLICY NUMBER DATE DATE LIMITS (MM/DD/YY) (MM/DD/Y� GENERALIIABILITY EACHOCCURRENCE $2,000,000 A X X COMMERaALGENERALUAeILIiY HDOG23745914 N/01/08 17/p7/p9 ° '� c TOFE1 0 $2,000,000 arewnses�eeemuRence� CLAIMSMApE OX OCCUR MEpEXP(Anywupersonl $10,000 PERSONAI.&A�VINJURY $2,000,000 GENERALAGGREGATE $20,000,000 GEN'LAGGREGATEl7MITAPPtiESPER PRODUCTS�WMP)OPAGG $Z,OOO,D00 PoLIGY PROJECT LCC AUTOMOBILE LIA8ILITY GOMBINm SINGLE LIMIT A X ANYAUTO ISAH08248308 11/07i08 11/OV09 (�A�naem) $2.000,000 ALL ONRJED AUT0.5 BODILY INJURV SCHEDULEO AUT0.5 (Per Person) X HIREDAUTQS BODILYINJURY X NON-0WNEDAUT0.5 (PerACatlen[) PROPERTVDAMAGE (Per AcCideng GARAGE LIABILITY AUTO ON�Y-EA ACCIDENT ANYAUTO O'fHFRTHAN �ACC AUTOONLV AGG FJ(CESSNMBRELL4 LIABI�ITV EACH OCCURRENCE OCCUR � CLAIMSMADE AGGREGATE �EDUCTIBLE REfENT10N WORKERSCAMPENSATIONAND X �� µ EMPLOVERS'LIABILITY ioavurvnis ea a WLRC44355776(A0.S) 71/01/08 11/01l09 EL EACHaGCIDENT $p,000,000 A ANYPROPRIETOR(PARTNERIE%ECUTIVE SCFC443S5218 I OFPICEWMEMBEREXCWDEV+ (W) 71/01lOS 71/01/09 EIDISFACE-EAEMPLOVEE $2,000,000 If yes, tlescnbe untlet SPEqALPROVI510N8ELOW EL �ISE45E-POLICVLIMIi $$,000,000 OTHER DESCRIPTIQN pF OPERATION$! LOCATIONS I VEHIC4,ES ( IXCWSI�NS ADOED BY ENWRSEMENT! SPEGAI PROYf$IONS RE: Project at Lilydale Park. Certificate holder is listed as additional insured under the Generel Liability policy as their interest may appear with respect to the negligence of the named insured. CER7IFICATE FfOLDER ADDITVONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANV OP i}1E ABOVE OESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS CR`J Of SI. P2UI WRRfEN NOTIGE TO THE CERTIFICATE HOLDER NAMED TO THE LEFi, BUT FAILURE TO 25 West 4th Street, Room 1000 DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITV OF NNY KIND UPON THE INSURER, ITS AGEMSOR REPRESENTATIVES St Paul, MN SSt02 AUTHORIZED SIGNATURE �qf, � � ACORU 25 (2007/08� OO ACORD CORPORATION 1988 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � f, /�n �_��i �, uv�o � , -� Departmentl�WCouncil: Date Initiated: FS _FinancialServices Z�SEP2009 Green Sheet NO: 3080936 Contact Person & Phone: Deoartrnent Sent To Person InitiaUDate BNC2 EllpBlbfekf � Q +oao�� m�es Bruce Eo e@rekt �'. � � Z66'$854 1 arks and Recreation MSc6ae1 Hahm Assign 2 i Attome Lisa Veith �1 — Must Be on Council Agenda by (Date): Number 3 �� M aret K Routing 4 ' C Doa Type: CATEGORI� SNT FIT ANY Order ��r1 ��►p �� 8 � E-DoeumeM Required: N DoeumentContact: ` �� Q�� Confact Phone: Total # of Signature Pages ` (Clip All Locations for Signature) Acfion Requested: Approve adminisuaHve order authorizing a licease agreement beriveen the City and Xcel Energy for Xcel's temporazy use of city- owned property at Lilydale Pazk for access and s[orage of materials and equipment for the reconstruction of electric transmission towers. Recommendations: Approve (A) or Reject (R): Personal Service Contrscts Must Answer the Following Questions: Planning Commission �. Has this personffirtn ever worked under a contrad for fhis deparlment? CIB Committee Yes No Ciwl Service Commission 2. Has ihis personffirm ever been a city employee? Yes No 3. Does this persoNfirm possess a skill not normaily possessed 6y any cuttent city employee? Yes No Explain a{I yes answers on separate sheet and atiach to green sheM. Initiating Problem, Issues, Opportunily (Who, What, When, Where, Why): ' Xcel Energy will be reconstructing electric transmission [owers within their exisfing easements in Lilydale Pazk, but need an additional staging azea as part of the construcrion for materials and equipmenk Xcel will pay the City $500 for the license and will restore the property to its original condirion per the license agceement. Advanfages if Approved: The City will receive funding for a temporary use of a vacant, non-vegetated area of Lilydale Park. The property will be restored to its original condition or better. Disadvantages IfApproved: None, unless Xcel were to fail to comply with the terms of the license. Disadvantages If NoS Approved: The City would not receive revenue for Xcel's temporary use of city proper[y. Totai Amount of $500.00 Transaction: CosURevenue Budgeted: Funding Source: XC21 Eflefgy Activity Number: Financial lnformation: Deposit: (Exp�ain) �250 in GL-160-11070-0301 $250 in GL365-1 3 1 00-5399 September 21, 2009 1:46 PM Page 1