D002415CITY OF SAiNT PAUL
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OFFICE OF 7HE MAYOR
ADMINISTRATIVE ORDER
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Date: C/ ° / '���
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ADMINISTRATIVE ORDER,
WHEREA5, the property at 100 East l lth Street, legally described as Block 6, Robert's and Randall's
Addition, lies within the radius of a tower crane to be used in the construcrion of the new Human Services
Building at 540 Cedaz Street; and
WHEREAS, although no materials will be hoisted over the said 100 East llth Street and there will be no
interference with the Police Department antenna on the proper[y, the boom of the tower crane will from time
to time encroach upon the air space;
BE IT THEREFOR ORDERED, that the proper City officials are hereby authorized and directed to
execute a license granting to Knutson Construcfion Services the use of air space over the said 100 East l lth
Street, the term of said license to run from June 4, 2004 to June 3, 2005, and to be extendable for up to seven
months upon thirty days notice by the said Knutson Construction Services .
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Depar4nentloffice/council: I Date Initiated:
Pw -�b>>�Wo,� � o��N� ; Green Sheet NO: 205465
Co�ct Person 8
Peter WhdelEad C.
G-S850
Must Be on Couneii Agenda by (Dateg
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Assign
Number
For
Routing
Order
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0 Yablic Works � i
1 �tiN Attomev / i Judv Hsnson
2 �� oliceDeoa ent Chief I
3 �Mavor's Office � MavodAssistant
4 CtiN Clerk i
Total # of Signature Pages _(Clip All Locations for Signature)
Adion Requested:
To authorize granting of a license to Knutson Construction Company to encroach upon a'u space over the facility at 100 East l lth
Street.
idations: Approve (A) or Rejed (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Answer the Following 4uestions:
t. Has this personffirm ever worked under a contract for this departmenY?
Yes No
2. Has this perso�rm ever been a city employee?
Yes No
3. Does this personffirm possess a skill not nortnally possessed by any
current ciry employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportuniry �Who, What, When, Where, Why):
100 East l lth Street lies within the radius of the tower crane to be used in construction of the Human Services Building at 540 Cedar
Street.
AdvanWqes If Approved:
Construction of the Human Services Building will continue as planned.
Disadvantaqes If Approved:
None
DisadvanWpes If Not Approved:
Construction would be unnecessarily complicated.
'otal Amount oi
Trensaction:
Fundinp Source:
CosNRevenue Budgeted:
Activify Number:
Fi nancial Infortnation:
(F�cplain)
LI� fitSE NO
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FINANCE DEPT. LICENSE NO. PD/37
DATE: June 7. 2004
GRANTOR: CITY OF SAINT PAUL
PW - REAL ES3'ATE DIVISION
GRANTEE: KNUTSON CONSTRUCTION SERVICES
5500 Wavzata Boulevard Suite 300
Minnea�olis. MN 55416
CTTY OF
SAINT PAUL
LICENSE
AGREEMENT
THIS IS AN AGIZEEMENT, dated as of the day of June, 2004, between the CITY OF SAINT
PALTL, a Minnesota municipal corporation, herein called "Grantor" and KNUTSON CONSTRUCTION
SERVICES, a Minnesota corporation, herein called "Grantee".
Grantor and Grantee agree as follows:
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L Licensed Premises, Description and Term. E'urantoxAi`erel�y grants to Grantee a license, subject
to all of the terms and conditions herein, to occupy and use the air rights over the property
located at 100 East l lth Street, Saint Paul, MN, legally described as Block 6, Robert's and
RandalPs Addition, shown on the attached Exhibit "A", and herein called "Licensed Premises",
beginning June 4, 2004, and continuing until June 3, 2005: The Grantee shall be able to extend
this license for, up to, five months by notifying the Grantor at least 30 �ays in advance of the
eapiration date �
II. Fee. Grantee shall"pay Grantar One Dollar ($1.00) for this License, and Grantor ackno�y,ledges
receipt of this payment in the sum of One Dollar ($1.00).
III. Use. The radius of a tower crane used in the construction of the new Human Services Building at
540 Cedar Street will extend over the licensed premises iiom time to time. The height of the
crane's hook will be approximately 20 feet higher than the Police Deparhnent antenna, located
on the licensed premises. No materials will be hoisted above the licensed premises. While
Grantor does not expect any problems associated the crane, in the event the crane causes any
interference with the Police Department communications the Grantee will, immediately, take
action to eliminate the interference. If the Grantee faiis to cure the matter, the Grantor has the
right to terminate the License Agreement immediately.
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IV. 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
G�VShared�RE�REAL WPdata�Lacevses�PD38 Air Righfs License w Knufson Const at PSB wpd Page 1 of 4
property damage liability endorsement with a combined single limit of not less
than $1,000,000 per occurrence shall be purchased by the Grantee. Such insurance
shall: (a) name the City of Saint Paul as addirional insured; (b) be primary with
� respect to Grantee's insurance or self-insurance; (c) not exclude explosion,
collapse and undergound properiy 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.
(2) WORKERS' COMPENSATION INSURANCE with not less than statutory
minunum lunits; and EMPLOYERS' LIABILTTY INSURANCE with minimum
lunits of at least $100,000 per accident and with an all states endorsement.
(3) The Grantee shall suppiy 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.
(4) The limits cited under each insurance requirement above establish minimums; and
it is the sole responsibility of the Grantee to purchase and maintain additional
insurance that may be necessary in relation to this license.
(5) Nothing in this contract shall constitute a waiver by the Grantor of any statutory
limits or exceptions on liability.
(6) 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 without first giving
the Grantor 30 days' written notice.
(7) Insurance limits shall be subject to the tort claims liability limits as set forth in
chapter 466 of Minnesota Statutes.
V. Assignment. 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 harmless from and on the account of any and all loss, damage, costs,
including attomey's fees, claim of damage or liability arising from any accident or any occurrence
causing injury or death to any person ar damage to any property resulting from, arising out of, or
in any way connected with the occuparion 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 all 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 ardinances, laws,
rules, or regularions and sha11 indemnify, defend, save and hold hannless Grantor from all
• liability, including without limitation, fines, forfeitures, and penalties arising from the failwe by
Grantee to comply with such ordinances, laws, rules or regulations. Grantor has the right to
perform cleanup and charge the Grantee as Additional Fee for such costs should the Grantee fail
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to comply.
VIII. Tort Liabilitv. Grantor is a political subdivisions of the State of Minnesota and subject to the
• provisions of Chapter 466 of Minnesota Statutes. Grantee hereby agrees to indemnify Grantor
for all liability associated with this license that are not excepted by the terms of Minnesota
Statutes 466.03 and with maacunum amounts consistent within the lunits on liability set forth in
Minnesota Statutes 466.04.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year in this
Agreement fust above-written.
• GRANTOR:
Mayor
City Clerk
Director, Office ofFinancial Services
Department Director
� City Attorney (Form Approval)
GRANTEE:
Its
Its
Its
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