The URL can be used to link to this page

Home My WebLink About5B - Private Donation Bin on Public Property/~ PRip\ /~ U rn ~~INNES~~/ 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: NOVEMBER 1, 2010 AGENDA #: 5B PREPARED BY: JEFF MATZKE, PLANNER AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING AN AGREEMENT FOR A PRIVATE DONATION BIN TO BE LOCATED ON PUBLIC PROPERTY DISCUSSION: Introduction This agenda report recommends approval of an Agreement for the Private Use of Public Property between the City of Prior Lake and the local VFW Post 6208. The agreement allows the VFW to place a used clothing and household item donation bin on a public property parking lot, while indemnifying the City from any claims relating to the donation bin. History On behalf of the Disabled American Veterans Association the VFW has asked to place a metal donation bin on the southeast corner of the VFW building. The bin will allow for orderly collection of gently-used clothing and small household items at a central location within Prior Lake. Because the southern wall of the VFW building runs along the property line the donation bin would be placed on the adjacent City parking lot property. Under the proposed agreement the VFW will be held responsible for all daily operations, maintenance, and any damages related to the function of the donation bin. The proposed 20 sq ft. donation bin will be placed in the northeast corner of the parking lot and will not interfere with any drive aisle or parking space within the parking lot. Current Circumstances The attached agreement is the City's standard Private Use of Public Property Agreement. This agreement protects the City's interest in the public property and holds the City harmless of any damage or responsibility in relation to the operation of the donation bin and allows the City to terminate the agreement upon timely, written notification to the VFW. ISSUES: The location of the donation bin does not appear to interfere with any parking or accessibility to the site. The construction of the bin is such that clothes, once deposited in the bin are protected from the elements. Moreover the bin is emptied regularly decreasing the likelihood that donations will be left on the outside of the bin subject to weather and vermin. FINANCIAL There is no financial impact as a result of this agreement since the city is IMPACT: indemnified by the terms of the agreement. C:1Documents and SettingslcgreenhMy DocumentslSharePoint DraftslVFW cc agenda report.doc ALTERNATIVES: 1. Adopt a Resolution approving the Private Use of Public Property Agreement. 2. Direct staff to prepare a resolution denying the Agreement. 3. Defer this item and provide staff with specific direction. The staff recommends Alternative #1. RECOMMENDED A motion and second to approve a resolution approving the Private Use MOTION: of Public Property Agreement for this purpose and authorizing the Mayor and City Manager to execute the agreement. Revievygd by: Frank Boyles,,City C:1Documents and SettingslcgreenlMy Documents\SharePoint DraftslVFW cc agenda report.doc 2 /~ _ PRIO~ u ~~I~~ 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 10-xx A RESOLUTION APPROVING AN AGREEMENT FOR A PRIVATE COLLECTION BIN LOCATED ON PUBLIC PROPERTY Motion By: Second By: WHEREAS, The City is the owner of the following described property: The North 29.25 feet of the South 81 feet of Lot 1 and 2, Block 2 of Cates Addition; and WHEREAS, The Veterans of Foreign Wars, Post 6208 (VFW) would like to place a temporary donation bin on the above referenced city-owned property; and WHEREAS, The VFW is requesting approval of a Private Use of Public Property Agreement to allow for the placement of the donation bin on the Public Property, and WHEREAS The City Council reviewed this agreement on May 19, 2008. 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. The City Council of Prior Lake has determined the donation bin will not interfere with the public's health, safety and welfare subject to the Private Use of Public Property Agreement. 3. The Mayor and City Manager are hereby authorized to execute the Private Use of Public Property Agreement on behalf of the City. PASSED AND ADOPTED THIS 1sT DAY OF NOVEMBER, 2010. YES NO M ser M ser Erickson Erickson Hedber Hedber Keene Keene Millar Millar Frank Boyles, City Manager Phone 952.447.9800 /Fax 952.447.4245 / www.cityofpriorlake.com PERMIT AGREEMENT FOR PRIVATE USE OF PUBLIC PROPERTY THIS AGREEMENT is made and entered into this 1St day of November, 2010, 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 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 proposes to place a Disabled American Veterans (DAV) temporary donation bin on the Permit Property; 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 such other uses as the Council deems appropriate; and WHEREAS, The proposed location of the proposed Disabled American Veterans donation bin does not presently interfere with the City's use of the Permit Property for public parking, 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 of the Permit Property, and http://finance]/teams/am/October 4 2010/November 1, 2010NFW Private Use Permit Agreement.doc WHEREAS, The City intends to retain all of its right, title, interest in and control over the temporary use of the Permit Property by Permittee for the placement of a temporary donation bin. ; 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 donation bin on the Permit Property at Permittee's sole expense and risk. The Permit Property must be kept open to public use at all times and no obstruction may be placed on the Permit Property, other than the donation bin, without the prior written approval of the City, which may be given or withheld in the sole discretion of the City. 3. Donation Bin. The Permittee shall be responsible for maintenance of the donation bin and for assuring regular pick up of donated items to prevent accumulations outside of the bin. The Permittee shall not make any modifications to the donation bin area, depicted in Attached Exhibit A, incorporated herein by reference, without the prior written approval of the City, which may be given or withheld in the sole discretion of the City. 4. Termination. It is understood that the City plans to use or redevelop the Permit Property at some unspecified time in the future. The City shall provide Permittee with ninety (90) days written notice that the City is terminating the Permit Agreement. The Permittee shall remove the donation bin from the Permit Property within said ninety (90) day period and restore the Permit Property to its original condition. 4.1 If the Permittee fails to remove the donation bin from the Permit Property the City has the right to remove the donation bin. The Permittee shall be liable for any costs incurred by the City in removing the donation bin. 4.2 The City shall not be liable for any damage to Permittee's donation bin in the event the City removes the donation bin from the Permit Property. 5. 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 http://finance]/teams/am/October 4 2010/November 1, 2010NFW Private Use Permit Agreement.doc 2 6. Indemnity. 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 Permittee's use of the Permit Property to maintain a donation bin, including but not limited to the maintenance or repair of the donation bin. This indemnification requirement does not apply to any claims or liability asserted where liability was caused solely by the negligence of the City. 7. 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 annually provide the City with a Certificate of Insurance which provides the City shall be notified at least sixty (60) days prior to any notice of policy cancellation or non-renewal. This Permit Agreement will be null and void, without further notice or action by the City if the Permittee fails to maintain the required insurance. 8. 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. 9. Severability. If any portion of this Permit Agreement is declared void or unenforceable by a court of competent jurisdiction, the voided or unenforceable 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. 10. Assignment. This Permit Agreement is not assignable. 11. Whole Agreement; 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. 12. This Permit Agreement consists of five (5) written pages. IN WITNESS WHEREOF, the parties have executed this Permit Agreement as of the date first above written. http://financel/teams/am/October 4 2010/November 1, 2010NFW Private Use Permit Agreement.doc CITY OF PRIOR LAKE By: Mike Myser, Mayor By: Frank Boyles, City Manager Approved as to Form and Execution By: Suesan Lea Pace, City Attorney STATE OF MINNESOTA) )ss COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of _ , 20_, by Mike Myser 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 PERMITTEE Veterans of Foreign Wars Post 6208 By: Eric Satersmoen, Post Commander By: 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. http://financel/teams/am/October 4 2010/November 1, 2010/VFW Private Use Permit Agreement.doc 4 Notary Public 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 http://financel/teams/am/October 4 2010/November 1, 2010NFW Private Use Permit Agreement.doc 5