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97-321Council File # 9� — 3 0�. r Green Sheet # 7 0 �9 Presented By Referred To 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Committee: Date WHEREAS, the City of Saint Paul, acting through and by its Department of Fire and Safety Services, hereinafter called the "City", desires to conduct various Pire training exercises at the property commonly known as 1985 Lincoln, Saint Paul, Minnesota; and WHEREAS, the City was contacted by Mr. Michael Mountain, with an invitation to conduct training exercises at the property desaribed above. Mr. Mountain indicated that he wi11 take titled to the property on March 31, 1497 The Department of Fire and Safety Services has indicated a willingness to accept Mr. Movntain's proposal. The Department of Fire and Safety Services plans to conduct training exercises at the property. These exercises will not include any burning of the property; NOW THEREFORE BE IT RESOLVED, that the proper officials of the City are hereby authorized and directed to execute an agreement with Mr. Mountain for the purposes of permitting fire training exercises at the property commonly known as 1985 Lincoln, Saint Paul, Minnesota; AND BE IT FURTHER RESOLVED, that the agreement will provide for cross indemnification of the parties to the extent that the City will indemni£y Mr. Mountian for any and all claims of third parties which may arise from training exercises conducted upon the described premises and that Mr. Mountain will indemnify the City for any and all claims o£ third parties which may arise from training exercises conducted upon the described premises in the event that Mr. Mountain does not take title to the subject property on March 31, 1997; AND BE IT FINALLY RESOLVED, that a copy of said agreement shall be filed and kept as a record in the Department of Finance and Management Services of the City of Saint Paul. Requested by Department of: Adoption Certified by Council Secretary By:� �-° � c Approved by Mayor: Date t,-�2 (� �� $Y � � �� ! RESOLUTION CITY OF SAINT PAUL, MINNESOTA By: Form Appzoved by City Attorney ay: /��4/WwN1�-. Approved by Mayor for Submission to Council By: Adopted by Council: Date ��_ �(_ . �qq�`( --�— q�-�ai DEPAflTMENT/OFpCE/COUNdL DATEINITIATED N� L 1 O/� � �6�R GREEN SHEET INITIALNATE INRIAVDATE CONTACT PERSON & PHONE ,�� „ n O pEppRTMENT DIRECiOR Q CITY COUNCIL • o 3r� � ASSIGN a CITYATfORNEY � CRY CLERK MUST BE COUNCIL AGENDA BY (DATE) �M6ER FUR ❑ BUDGET DIRECTOfl � PIN. & MGT. SEflVICES DIR. ROUTING OHDEq � MqyOR (OR ASSISTANn � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: . l�d�,�� ,%!o � �� RECOMMEN�ATIONS: ApP� (A) or Reject (R) pERSOPlAL SERVICE CONTRACTS MUST ANSWER THE fOLIOWIN6 �UESTIONS: __ PLqNNMG COMMISSION _ pVIL SEFVICE COMMISSION �� Has ihis personRirm ever wo�ketl under a coMract for ihis department? _ CIB CAMMITfEE _ YES 'MO _ STqFP 2. Has this pe�soMfirtn ever been a ciry employee? — YES NO _ DISTRICi cAUR7 _ 3. Does this persaNfirtn possess a skilf not normafly posseued by any curcerrt ciry emplayee? SUPPORTS WNICH COUNCIL O&IECTIVE? YES NO . Explain all yes answers on separate sheet antl attach to green sheet fNITIATING PROBLEM, ISSUE, OPP�RTUNIN (Who, What, When, Where, Why). ADYANTAGESIFAPPROVEO: DISA�VANTAGESIFAPPROVED: - ' qp�WlSitl 1"9�u'3t 4d�3Rli�[ APR � � 1�9� DISADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TpANSACTION $ COS7fREYENUE BUDGETED (CIRCLE ONE) VES NO FUNDIIdG SOURCE ACiIVITY NUMBER FINANpAL INFOPMATION. (EXPLAINI a�-�� An agreement dated this day of , 199 by and between the City of Saint Paul, Minnesota, and hereinafter called "City" and ("l;�H�i �"lo,,�f-�,,,� (owner/interest holder), hereinafter individually and collectively called "Owner". WITNESSETH: Whereas, the City, acting through and by its Department of Fire and Safety Services, 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 property and include such activities as burning, sawing, boring, axing, and chipping; and Whereas, the CiCy has need of a stock of existing structures, both commercial and residential to use in its training exercises; 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 suppression training program; and Whereas, the Owner acknowledges adequate and sufficient benefit and consideration in germitting the City to enter onto the property identified below and the performance of fire suppression instruction classes; and further, acknowledges the receipt of benefit in allowing the Owner`s property to be part o£ 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 located at 1985 L��c= (address) in the City and freely consents to the entry of the City upon the premises at such time as the City desires without notice and the resulting destruction of property and materials. 3) That the City, in consideration of the Owner's consent granted hereunder, will save and hold harmless the Owner from any and a11 claims of third parties as might be asserted as the result of City's training exercises at the address noted hereunder. 4) That the City will obtain any and all necessary variances, permits and consents as may be required by law to �l�-3�� conduct the training, exercises and the Owner has no obligation in such matters beyond the execution of this agreement. 5) That the City will also be responsible for 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 or serving another end. 6) That this agreement shall be in force six (6) months from either April 1, 1997 or the date first written above and to be inserted by the City's Fire Chief. 7) That the owner sha11 take possession of the subject property free and clear of any and all encumbrances on the same on or before March 31, 1997. In the event that the owner does not obtain clear title to the property on or before March 31, 1997, the owner shall then save and hold harmless the City of Saint Paul from any and all claims of third parties as might be asserted as the result of any training exercise conducted by the City at the subject address. Owner sha11 also immediately notify in writing the Department of Fire and Safety Services of its lack of title. APPROVED AS TO FORM: �� Assistant City Attorney CITY OF SAIN`P PAUL Mayor 4 ` Fire Chief Director, Department of Finance and Management Services OWNER , /�I.s4A.Ui� Name ' l/ 0� f. i h�D �� Sr.P�-/t /-�Nss�as— Address Council File # 9� — 3 0�. r Green Sheet # 7 0 �9 Presented By Referred To 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Committee: Date WHEREAS, the City of Saint Paul, acting through and by its Department of Fire and Safety Services, hereinafter called the "City", desires to conduct various Pire training exercises at the property commonly known as 1985 Lincoln, Saint Paul, Minnesota; and WHEREAS, the City was contacted by Mr. Michael Mountain, with an invitation to conduct training exercises at the property desaribed above. Mr. Mountain indicated that he wi11 take titled to the property on March 31, 1497 The Department of Fire and Safety Services has indicated a willingness to accept Mr. Movntain's proposal. The Department of Fire and Safety Services plans to conduct training exercises at the property. These exercises will not include any burning of the property; NOW THEREFORE BE IT RESOLVED, that the proper officials of the City are hereby authorized and directed to execute an agreement with Mr. Mountain for the purposes of permitting fire training exercises at the property commonly known as 1985 Lincoln, Saint Paul, Minnesota; AND BE IT FURTHER RESOLVED, that the agreement will provide for cross indemnification of the parties to the extent that the City will indemni£y Mr. Mountian for any and all claims of third parties which may arise from training exercises conducted upon the described premises and that Mr. Mountain will indemnify the City for any and all claims o£ third parties which may arise from training exercises conducted upon the described premises in the event that Mr. Mountain does not take title to the subject property on March 31, 1997; AND BE IT FINALLY RESOLVED, that a copy of said agreement shall be filed and kept as a record in the Department of Finance and Management Services of the City of Saint Paul. Requested by Department of: Adoption Certified by Council Secretary By:� �-° � c Approved by Mayor: Date t,-�2 (� �� $Y � � �� ! RESOLUTION CITY OF SAINT PAUL, MINNESOTA By: Form Appzoved by City Attorney ay: /��4/WwN1�-. Approved by Mayor for Submission to Council By: Adopted by Council: Date ��_ �(_ . �qq�`( --�— q�-�ai DEPAflTMENT/OFpCE/COUNdL DATEINITIATED N� L 1 O/� � �6�R GREEN SHEET INITIALNATE INRIAVDATE CONTACT PERSON & PHONE ,�� „ n O pEppRTMENT DIRECiOR Q CITY COUNCIL • o 3r� � ASSIGN a CITYATfORNEY � CRY CLERK MUST BE COUNCIL AGENDA BY (DATE) �M6ER FUR ❑ BUDGET DIRECTOfl � PIN. & MGT. SEflVICES DIR. ROUTING OHDEq � MqyOR (OR ASSISTANn � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: . l�d�,�� ,%!o � �� RECOMMEN�ATIONS: ApP� (A) or Reject (R) pERSOPlAL SERVICE CONTRACTS MUST ANSWER THE fOLIOWIN6 �UESTIONS: __ PLqNNMG COMMISSION _ pVIL SEFVICE COMMISSION �� Has ihis personRirm ever wo�ketl under a coMract for ihis department? _ CIB CAMMITfEE _ YES 'MO _ STqFP 2. Has this pe�soMfirtn ever been a ciry employee? — YES NO _ DISTRICi cAUR7 _ 3. Does this persaNfirtn possess a skilf not normafly posseued by any curcerrt ciry emplayee? SUPPORTS WNICH COUNCIL O&IECTIVE? YES NO . Explain all yes answers on separate sheet antl attach to green sheet fNITIATING PROBLEM, ISSUE, OPP�RTUNIN (Who, What, When, Where, Why). ADYANTAGESIFAPPROVEO: DISA�VANTAGESIFAPPROVED: - ' qp�WlSitl 1"9�u'3t 4d�3Rli�[ APR � � 1�9� DISADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TpANSACTION $ COS7fREYENUE BUDGETED (CIRCLE ONE) VES NO FUNDIIdG SOURCE ACiIVITY NUMBER FINANpAL INFOPMATION. (EXPLAINI a�-�� An agreement dated this day of , 199 by and between the City of Saint Paul, Minnesota, and hereinafter called "City" and ("l;�H�i �"lo,,�f-�,,,� (owner/interest holder), hereinafter individually and collectively called "Owner". WITNESSETH: Whereas, the City, acting through and by its Department of Fire and Safety Services, 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 property and include such activities as burning, sawing, boring, axing, and chipping; and Whereas, the CiCy has need of a stock of existing structures, both commercial and residential to use in its training exercises; 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 suppression training program; and Whereas, the Owner acknowledges adequate and sufficient benefit and consideration in germitting the City to enter onto the property identified below and the performance of fire suppression instruction classes; and further, acknowledges the receipt of benefit in allowing the Owner`s property to be part o£ 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 located at 1985 L��c= (address) in the City and freely consents to the entry of the City upon the premises at such time as the City desires without notice and the resulting destruction of property and materials. 3) That the City, in consideration of the Owner's consent granted hereunder, will save and hold harmless the Owner from any and a11 claims of third parties as might be asserted as the result of City's training exercises at the address noted hereunder. 4) That the City will obtain any and all necessary variances, permits and consents as may be required by law to �l�-3�� conduct the training, exercises and the Owner has no obligation in such matters beyond the execution of this agreement. 5) That the City will also be responsible for 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 or serving another end. 6) That this agreement shall be in force six (6) months from either April 1, 1997 or the date first written above and to be inserted by the City's Fire Chief. 7) That the owner sha11 take possession of the subject property free and clear of any and all encumbrances on the same on or before March 31, 1997. In the event that the owner does not obtain clear title to the property on or before March 31, 1997, the owner shall then save and hold harmless the City of Saint Paul from any and all claims of third parties as might be asserted as the result of any training exercise conducted by the City at the subject address. Owner sha11 also immediately notify in writing the Department of Fire and Safety Services of its lack of title. APPROVED AS TO FORM: �� Assistant City Attorney CITY OF SAIN`P PAUL Mayor 4 ` Fire Chief Director, Department of Finance and Management Services OWNER , /�I.s4A.Ui� Name ' l/ 0� f. i h�D �� Sr.P�-/t /-�Nss�as— Address Council File # 9� — 3 0�. r Green Sheet # 7 0 �9 Presented By Referred To 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Committee: Date WHEREAS, the City of Saint Paul, acting through and by its Department of Fire and Safety Services, hereinafter called the "City", desires to conduct various Pire training exercises at the property commonly known as 1985 Lincoln, Saint Paul, Minnesota; and WHEREAS, the City was contacted by Mr. Michael Mountain, with an invitation to conduct training exercises at the property desaribed above. Mr. Mountain indicated that he wi11 take titled to the property on March 31, 1497 The Department of Fire and Safety Services has indicated a willingness to accept Mr. Movntain's proposal. The Department of Fire and Safety Services plans to conduct training exercises at the property. These exercises will not include any burning of the property; NOW THEREFORE BE IT RESOLVED, that the proper officials of the City are hereby authorized and directed to execute an agreement with Mr. Mountain for the purposes of permitting fire training exercises at the property commonly known as 1985 Lincoln, Saint Paul, Minnesota; AND BE IT FURTHER RESOLVED, that the agreement will provide for cross indemnification of the parties to the extent that the City will indemni£y Mr. Mountian for any and all claims of third parties which may arise from training exercises conducted upon the described premises and that Mr. Mountain will indemnify the City for any and all claims o£ third parties which may arise from training exercises conducted upon the described premises in the event that Mr. Mountain does not take title to the subject property on March 31, 1997; AND BE IT FINALLY RESOLVED, that a copy of said agreement shall be filed and kept as a record in the Department of Finance and Management Services of the City of Saint Paul. Requested by Department of: Adoption Certified by Council Secretary By:� �-° � c Approved by Mayor: Date t,-�2 (� �� $Y � � �� ! RESOLUTION CITY OF SAINT PAUL, MINNESOTA By: Form Appzoved by City Attorney ay: /��4/WwN1�-. Approved by Mayor for Submission to Council By: Adopted by Council: Date ��_ �(_ . �qq�`( --�— q�-�ai DEPAflTMENT/OFpCE/COUNdL DATEINITIATED N� L 1 O/� � �6�R GREEN SHEET INITIALNATE INRIAVDATE CONTACT PERSON & PHONE ,�� „ n O pEppRTMENT DIRECiOR Q CITY COUNCIL • o 3r� � ASSIGN a CITYATfORNEY � CRY CLERK MUST BE COUNCIL AGENDA BY (DATE) �M6ER FUR ❑ BUDGET DIRECTOfl � PIN. & MGT. SEflVICES DIR. ROUTING OHDEq � MqyOR (OR ASSISTANn � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: . l�d�,�� ,%!o � �� RECOMMEN�ATIONS: ApP� (A) or Reject (R) pERSOPlAL SERVICE CONTRACTS MUST ANSWER THE fOLIOWIN6 �UESTIONS: __ PLqNNMG COMMISSION _ pVIL SEFVICE COMMISSION �� Has ihis personRirm ever wo�ketl under a coMract for ihis department? _ CIB CAMMITfEE _ YES 'MO _ STqFP 2. Has this pe�soMfirtn ever been a ciry employee? — YES NO _ DISTRICi cAUR7 _ 3. Does this persaNfirtn possess a skilf not normafly posseued by any curcerrt ciry emplayee? SUPPORTS WNICH COUNCIL O&IECTIVE? YES NO . Explain all yes answers on separate sheet antl attach to green sheet fNITIATING PROBLEM, ISSUE, OPP�RTUNIN (Who, What, When, Where, Why). ADYANTAGESIFAPPROVEO: DISA�VANTAGESIFAPPROVED: - ' qp�WlSitl 1"9�u'3t 4d�3Rli�[ APR � � 1�9� DISADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TpANSACTION $ COS7fREYENUE BUDGETED (CIRCLE ONE) VES NO FUNDIIdG SOURCE ACiIVITY NUMBER FINANpAL INFOPMATION. (EXPLAINI a�-�� An agreement dated this day of , 199 by and between the City of Saint Paul, Minnesota, and hereinafter called "City" and ("l;�H�i �"lo,,�f-�,,,� (owner/interest holder), hereinafter individually and collectively called "Owner". WITNESSETH: Whereas, the City, acting through and by its Department of Fire and Safety Services, 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 property and include such activities as burning, sawing, boring, axing, and chipping; and Whereas, the CiCy has need of a stock of existing structures, both commercial and residential to use in its training exercises; 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 suppression training program; and Whereas, the Owner acknowledges adequate and sufficient benefit and consideration in germitting the City to enter onto the property identified below and the performance of fire suppression instruction classes; and further, acknowledges the receipt of benefit in allowing the Owner`s property to be part o£ 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 located at 1985 L��c= (address) in the City and freely consents to the entry of the City upon the premises at such time as the City desires without notice and the resulting destruction of property and materials. 3) That the City, in consideration of the Owner's consent granted hereunder, will save and hold harmless the Owner from any and a11 claims of third parties as might be asserted as the result of City's training exercises at the address noted hereunder. 4) That the City will obtain any and all necessary variances, permits and consents as may be required by law to �l�-3�� conduct the training, exercises and the Owner has no obligation in such matters beyond the execution of this agreement. 5) That the City will also be responsible for 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 or serving another end. 6) That this agreement shall be in force six (6) months from either April 1, 1997 or the date first written above and to be inserted by the City's Fire Chief. 7) That the owner sha11 take possession of the subject property free and clear of any and all encumbrances on the same on or before March 31, 1997. In the event that the owner does not obtain clear title to the property on or before March 31, 1997, the owner shall then save and hold harmless the City of Saint Paul from any and all claims of third parties as might be asserted as the result of any training exercise conducted by the City at the subject address. Owner sha11 also immediately notify in writing the Department of Fire and Safety Services of its lack of title. APPROVED AS TO FORM: �� Assistant City Attorney CITY OF SAIN`P PAUL Mayor 4 ` Fire Chief Director, Department of Finance and Management Services OWNER , /�I.s4A.Ui� Name ' l/ 0� f. i h�D �� Sr.P�-/t /-�Nss�as— Address