HomeMy WebLinkAbout5G - Public Property Agreement with VFW
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MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
ISSUES:
CITY COUNCIL AGENDA REPORT
NOVEMBER 17, 2008
5G
STEVE ALBRECHT, DIRECTOR OF PUBLIC WORKS
JANE KANSIER, DIRECTOR OF BUILDING & TRANSPORTATION SVC'S
DANETTE WALTHERS, DIRECTOR OF CDNR
CONSIDER APPROVAL OF A RESOLUTION APPROVING THE PRIVATE
USE OF PUBLIC PROPERTY AGREEMENT WITH THE VFW
Introduction
The purpose of this agenda item is for the City Council to approve a Private
Use of Public Property Agreement with the VFW for the trash enclosure to be
located on City Property.
Historv
The City of Prior Lake owns the Minnesota Nails (16318 Main) I Joe's Pizza
(16328 Main) property adjacent to the VFW, Both buildings have now been
removed and a public parking lot is being installed in their place. On October
6, 2008 the City Council directed staff to work with the VFW to prepare an
agreement to allow the trash enclosure to be reconstructed on City property.
Current Circumstances
The City Staff and the City Attorney have drafted an agreement that has been
approved and executed by the VFW. The key elements of this agreement are
as follows:
1) The City, at its cost, will reconstruct the enclosure removed as part of
demolition of the existing Mn Nails/Joes Pizza Buildings.
2) The VFW will be responsible for all maintenance related to the
enclosure in accordance with applicable ordinances
3) The VFW will indemnify the City in accordance with City insurance
requirements
4) The VFW will be permitted to maintain the enclosure until such time the
City wishes to redevelop the parcel or end the agreement which
requires 90 days notice.
5) The VFW is responsible to remove the enclosure in accordance with
the agreement once notice is served.
6) The City will sign six (6) parking stalls in the existing VFW lot for public
use as long as the agreement is in place
City Staff does not believe there are any issues with this agenda item. The
agreement allows the VFW to continue use of the property which is important
to their operations. The City gains additional parking for the public in the area
of downtown. Additionally a partnership and new lines of communication have
been established with the VFW which are important to the future of downtown.
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
CONCLUSION:
FINANCIAL
IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
ReVie~ by: 1
.\\;w~
Frank Boyles, via
Staff recommends approval of this agreement.
The estimated cost of materials and services to construct the enclosure to
meet City Code requirements is $4,000. Through this agreement the City will
secure 6 additional parking stalls for the downtown. The reconstruction of the
enclosure is part of the parking improvements and therefore funding will come
from the Transit Fund.
1. Approve the Private Use of Public Property Agreement with the VFW.
2. Authorize Staff to expend up to $4,000 for services and materials
required to construct the enclosure.
3. Deny this agenda item for a specific reason and provide staff with
direction.
4. Table this item to a certain date in the future
Staff recommends alternatives number 1 and 2.
'-
RESOLUTION OB-xx
A RESOLUTION APPROVING A PRIVATE USE OF PUBLIC PROPERTY
AGREEMENT WITH THE VFW
Motion By:
Second By:
WHEREAS, As part of the demolition of the Mn Nails and Joe's Pizza buildings the City had to
remove the VFW's trash enclosure; and
WHEREAS, The enclosure is important to the operations of the VFW; and
WHEREAS, At this time the City plans only to use the property for parking; and
WHEREAS, The VFW has agreed to provide the City with six parking stalls for public use in the
VFW lot in return for the City reconstructing the enclosure and permitting it to remain
on City property in accordance with the agreement; and
WHEREAS, The agreement stipulates at such time the City wishes to develop the property that the
VFW will relocate the enclosure to their own property.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2, City Staff is authorized to reconstruct the enclosure for an amount not to exceed $4,000,
3. Funding for the enclosure shall come from account # 603-49804-530.
PASSED AND ADOPTED THIS 17TH DAY OF NOVEMBER 2008.
YES
NO
I Haugen
I Erickson
I Hedberg
I leMair
I Millar
Haugen
Erickson
Hedberg
leMair
Millar
Frank Boyles, City Manager
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WWW.C1tyotpnorae.com
Phone 952.447.9800 / Fax 952.447.4245
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PERMIT AGREEMENT FOR
PRIVATE USE OF PUBLIC PROPERTY
THIS AGREEMENT is made and entered into this 17th day of November, 2008,
by and between the CITY OF PRIOR LAKE, Minnesota, a municipal corporation
(hereinafter referred to as "City"), and the Veterans of Foreign Wars Post 6208
(hereinafter referred to as "Permittee").
RECITALS
WHEREAS, the City is the owner of property (hereinafter referred to as "Permit
Property"), legally described as follows: the North 29.25 feet of the South 81 feet of Lot
1 and 2, Block 2 of Cates Addition (hereinafter referred to as "Permit Property"), and
WHEREAS, The Permittee currently maintains a private trash enclosure on the
Permit Property; and
WHEREAS, The existing trash enclosure and its location are convenient to the
operation of the VFW; and
WHEREAS, The City plans to offer the Permit Property for redevelopment at
some time in the future; and
WHEREAS, Until redevelopment of the Permit Property is economically feasible
the City will use the property to provide addition parking in the Downtown Business
Area; and
WHEREAS, The present location of the VFW's trash enclosure does not
unreasonably interfere with the City's use of the Permit Property for public parking, if the
Permittee allows the City to use space to provide six (6) parking spaces in the VFW's
parking lot, adjacent to the Permit Property; and
WHEREAS, the City may in the future desire to use the Permit Property for other
purposes which are not consistent with Permittee's use ofthe Permit Property, and
therefore the City intends to retain all of its right, title, and interest in the Permit Property;
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NOW, THEREFORE, the parties agree as follows:
1. Recitals. The Recitals set forth above are incorporated by reference herein
as if fully set forth.
2. Permit. The Permittee shall be permitted to maintain a trash enclosure on
the Permit Property at Permittee's sole expense and risk. The Permit Property must be
kept open to the public use at all times and no obstruction may be placed on the Permit
Property without the prior written approval of the City, which may be given or withheld
in the sole discretion of the City.
3. Trash Enclosure. The City needed to remove the existing trash enclosure
during demolition of the Pepper's Pizza building and shall re-build the enclosure in
accordance with City Ordinances at its cost. The Permittee shall be responsible for
maintenance of the enclosure.
3.1 The Permittee shall not make any modifications to the trash enclosure
without the prior written approval of the City, which may be given or
withheld in the sole discretion ofthe City.
4. Public Parkin!! on VFW Prooertv.. In exchange for permitting the
Permittee to maintain a trash enclosure on the Permit Property, subject to the conditions
set forth herein, the Permittee shall grant the City use of six (6) parking stalls, to use for
public parking, in the Permittee's existing parking lot, located at 16306 Main Avenue,
Prior Lake, Minnesota.
4.1 The location of the parking stalls on the VFW's property shall be
approved by the City Manager and Permittee.
4.2 The Permittee agrees to permit the City to install signage for the
designated stalls.
4.3 The Permittee shall not make any modifications to the designated
public parking stalls on the Permittee's property without the prior
written approval of the City, which may be given or withheld in the
sole discretion ofthe City.
4.4 The City will be responsible for plowing the Permit Property and
parking stalls designated and signed for public parking on the
Permittee's property.
5. Termination. It is understood that the City plans to redevelop the Permit
Property at some unspecified time in the future. When the opportunity to redevelop the
Permit Property occurs the City shall provide Permittee with ninety (90) days written
notice that the City is terminating the Permit Agreement. The Permittee shall remove the
trash enclosure from the Permit property within said ninety (90) day period and restore
the Permit Property to its original condition..
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5.1 If the Permittee fails to remove the enclosure and trash container( s) from the
Permit property the City has the right to remove the enclosure and trash
containers. The Permittee shall be liable for any costs incurred by the City in
removing the enclosure and trash containers.
5.2 The City shall not be liable for any damage to Permittee's enclosure or trash
containers in the event the City must remove them from the Permit Property.
6. Notice. The notice required herein shall be signed by the City Manager
and provided to the Permittee by certified mail at the following address:
Veterans of Foreign Wars
VFW Post 6208
PO Box 116
Prior Lake, MN 55372
Attn: Post Commander
7. Indemnitv. The Permittee shall defend, indemnify, and hold harmless the
City and its employees, subcontractors, attorneys, agents, and representatives from and
against all claims, damages, losses, costs and expenses, including attorney's fees, which
may be incurred by or asserted against the City or for which the City may be held liable,
which arise out of or result from use of the Permit Property to maintain a trash enclosure
and trash container, including but not limited to the maintenance or repair of the trash
enclosure. This indemnification requirement does not apply to any claims or liability
asserted where liability was caused solely by the negligence of the City.
8. Insurance. The VFW shall maintain property and casualty insurance on
its property and premises in the amount of One Million Dollars ($1,000,000.). The
Permittee shall provide the City with proof of insurance annually. This Permit
Agreement may be terminated by the City at its sole discretion if the Permittee fails to
maintain the required insurance.
9. Waiver of Claims. Permittee acknowledges City's ownership of the
Permit Property and knowingly waives any and all claims against the City related to the
Permittee's use of the Permit Property, including but not limited to claims of
abandonment, diminution in value, takings, property damage and contractual claims
arising out of this Permit Agreement, except any claims which are the result of the sole
negligence or willful misconduct of the City or its employees or agents.
10. Bindim! Effect. This Permit Agreement shall run with the land and shall
be binding on and inure to the benefit of the parties hereto, their heirs, successors, or
aSSIgns.
11. Severability. If any portion of this Permit Agreement is declared void or
unenforceable by a court of competent jurisdiction, the voided or unenforceable
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provision(s) shall be stricken from the Permit Agreement as though they never existed
and the remaining provisions in the Permit Agreement shall remain in full force and
effect.
12. Whole AlZreement: Modifications. This Permit Agreement contains all of
the terms and conditions' relating to the Permit granted herein, and replaces any oral
agreements or other negotiations between the parties relating to the Permit. No
modifications to this Permit Agreement shall be valid until they have been placed in
writing and signed by all parties hereto.
13. Recordation. The City will record this Permit Agreement the Office of
the Scott County Recorder. The Permittee agrees to cooperate to the extent needed to
record this Agreement, including executing any document that may be required by the
Scott County Recorder.
14. This Permit Agreement consists of six (6) written pages.
IN WITNESS WHEREOF, the parties have executed this Permit Agreement as of the
date first above written.
CITY OF PRIOR LAKE
By:
Jack G. Haugen, Mayor
By:
Frank Boyles, City Manager
STATE OF MINNESOTA)
)ss
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
20_, by Jack G. Haugen and Frank Boyles, The Mayor and City Manager, respectively of the
City of Prior Lake, on behalf of the City of Prior Lake through authority granted by its City
Council.
Notary Public
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PERMITTEE
Veterans of Foreign Wars Post 6208
By:
Dave Roseth, Commander
By:
Lyaman McPherson, Quartermaster
STATE OF MINNESOTA)
)ss
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
20_, by by and on behalf of Veterans of Foreign Wars Post 6208.
Notary Public
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