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4646 Dakota Street SE
`~INNESO~P Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: NOVEMBER 15, 2010
AGENDA #: 5H
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.
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.
Reviewed by:
Frank Boyle; C
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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 legally 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 ("Agreement") to allow for
the placement of the donation bin on the Public Property, and
WHEREAS The City Council reviewed the Agreement on November 15, 2010.
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., which Agreement is hereby approved.
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 15T" 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 15th 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
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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
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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. Assi nom. 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 four (4) written pages.
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IN WITNESS WHEREOF, the parties have executed this Permit Agreement as of the
date first above written.
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.
Notary Public
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