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HomeMy WebLinkAboutIX-02 Authorize License Agreement with the Metropolitan Council to Use a Portion of their Property for Parking Needs During Hockey Day MinnesotaCity Council Memorandum To: Mayor Fasbender & City Council Members From: Ryan Stempski, P.E. – Public Works Director Date: June 16, 2025 Item: Authorize License Agreement with the Metropolitan Council to Use a Portion of their Property for Parking Needs During Hockey Day Minnesota COUNCIL ACTION REQUESTED Council is requested to authorize a License Agreement with the Metropolitan Council to allow use of their property off Ravena Trail for parking during Hockey Day Minnesota (HDM) in January 2026. BACKGROUND INFORMATION Met Council owns the property directly across Ravenna Trail from the site of Hockey Day Minnesota (refer to Exhibit A in the attached agreement). The HDM Committee has requested use of this property for parking purposes to facilitate safe and efficient access to the event. Met Council will only enter into a License Agreement with the City of Hastings (local municipality) and not directly with the HDM Committee. To accommodate parking on this property, the agreement allows for mowing in advance of the winter, small diameter tree and vegetation removal to allow safe pedestrian access, and the removal of the fence and posts to allow adequate ingress and egress to the property. HDM Committee will be responsible for getting the gate and fence back to original condition. The HDM Committee plans to charge for parking on this lot as another way to generate revenue during the event that will benefit the UHL non-profit organization and the Hastings Hockey Association. The City Attorney has reviewed and approved the terms of the agreement. FINANCIAL IMPACTS None. Met Council is not requiring any cost for use of their property for these purposes. ATTACHMENTS License Agreement with Met Council IX-02 Metropolitan Council Contract #24I069 1 Metropolitan Council 390 Robert Street St. Paul, MN 55101 City of Hastings 101 4th Street East Hastings, MN 55033 LICENSE AGREEMENT THIS LICENSE AGREEMENT (“License Agreement”) is made this ___ day of ________ 2025 (the “Effective Date”), by and between the Metropolitan Council, a public corporation and political subdivision under the laws of the State of Minnesota (hereinafter referred to as the “Council”), and the City of Hastings (hereinafter referred to as the “Licensee”). WITNESSETH: WHEREAS, the Council is authorized pursuant to Minn. Stat. §473.129 subd.7 to lease real property; and WHEREAS, the Council owns real property with Parcel Identification Numbers (“PID”) of 190350009010 and 190350012010, on Ravenna Trail in the City of Hastings, Dakota County, Minnesota (the "Property"), shown on Exhibit A; and WHEREAS, the Council's delegated authority for this License Agreement is its Director of Environmental Services; and WHEREAS, the Licensee is working with Council’s neighboring property owner, United Heroes League,which will host Hockey Day Minnesota 2026 (“Hockey Day Minnesota”) on property they own, PID 190350015010,on Ravenna Trail in Hastings, Minnesota; and WHEREAS, the Council is willing to allow Licensee to use the Property from September 1, 2025 to January 31, 2026 for parking needs associated with Hockey Day Minnesota under the terms and conditions of this License Agreement. NOW,THEREFORE, for good and valuable consideration the receipt of which is hereby acknowledged, the parties hereto agree as follows: 1.Premises. a.The Council hereby grants unto Licensee a non-exclusive license to use a portion of the Property (“Premises”), delineated and depicted on Exhibit A,for parking needs during Hockey Day Minnesota. b.The Licensee shall not park any vehicles or otherwise utilize any part of the Premises that is a distance of less than fifty (50) feet from the Canadian Pacific IX-02 Metropolitan Council Contract #24I069 2 Railroad, as depicted in Exhibit A. c.Should the Licensee elect to utilize any part of the Premsies within the aforementioned fifty (50) feet of the Canadian Pacific Railroad, it shall be the Licensee’s responsibility to enter into a formal agreement with Canadian Pacific Railroad for such use. 2.Use.The Premises may be used by the Licensee and its agents, contractors, employees and invitees for overflow parking during Hockey Day Minnesota. The Licensee’s use of the Premises is non-exclusive and is subject to the rights of Council. 3.Term. The term of this License Agreement shall commence on September 1, 2025, and terminate on January 31, 2026 (the “Term”)unless this License Agreement is terminated earlier pursuant to Section 5 below. 4.Rent. Licensee shall not pay any rent to Council for this license granted through this License Agreement. 5.Termination. This License Agreement may be terminated by either party upon thirty (30) days’ prior written notice delivered to the other party to the addresses listed in Section 8(h) of this License Agreement. 6.Maintenance. a.Licensee shall maintain the Premises as a parking area upon commencement of this Agreement until the end of the Hockey Day Minnesota event.Licensee may snow plow the Premises and use nonpermanent objects to create a parking area with any necessary traffic controls on the Premises. i.Licensee reserves the right to make alterations and perform other maintenance services on the Premises, including, but not limited to, tree and shrub removal for vegetation having a trunk diameter less than 4 inches and mowing of grasses, in order to prepare the Premises for use as a parking lot and provide event attendees with safe passage from the parking lot area to a road crossing along Ravenna Trail to the Hockey Day Minnesota event. b.The Licensee shall reimburse the Council for any non-routine costs attributable to the Licensee’s use of the Property upon documented, reasonable, out-of-pocket expenses for such non-routine maintenance or damage repair costs. “Non-routine costs” shall include those maintenance or repair costs that are necessitated by the intentional acts or gross negligence of the Licensee. Upon conclusion of Hockey Day Minnesota,Licensee will restore the Premises to a similar state in which it was received by Licensee prior to the commencement of this License Agreement, except for preparation work done pursuant to Paragraph 6.a.i, which need not be restored by Licensee. i.The Licensee shall have the authority to remove the posts and roll back the fence that secures the main entrance to the parking area off Ravenna Trail IX-02 Metropolitan Council Contract #24I069 3 for the purpose of safe ingress and egress to the parking area. Licensee shall be responsible for the replacement and/or repair costs to restore the gate and fence to their original condition,subject to the final approval of the Council. ii.The Licensee shall maintain security of the Premises while gates are removed/replaced. 7.Indemnification; Insurance. a.Licensee shall defend, indemnify, and hold harmless the Council, its officers, officials, employees, and agents, from and against all claims, damages, losses, and expenses arising out of the use of the Property by the Licensee, its agents, employees, contractors, and invitees. This obligation shall survive the expiration or termination of this License Agreement. Nothing in this License Agreement shall be construed as a waiver of any tort liability limitations set forth in Minn. Stat. § 466.01, et seq. or other liability limitations or immunities conferred by state or federal law. b.If Licensee enters into an agreement to assist in the administration of the parking services authorized by this License Agreement, it shall require the following of its contractor(s): i.– ii.The contractor shall save and protect, hold harmless, indemnify, and defend the Council and its members, agents, and employees against any and all claims, expenses (including, but not limited to, legal expense paid or incurred to enforce the provisions of this Section), losses, damages, or lawsuits for damage or injury that are alleged to arise out of, result from, or attributable to, whether in whole or in part, the contractor’s work, including acts or omissions of its employees, subcontractors, representatives, or agents, or anyone else for whom contractor may be liable. iii.Contractor shall maintain commercial general liability (CGL) insurance on occurrence from (ISO CG 00 01 12 04, or its equivalent), or its equivalent, with a limit of not less than $1,000,000 for any number of claims arising from a single occurrence and a general aggregate limit of not less than $2,000,000. Council shall be listed as an additional insured (utilizing ISO CG 20 26 07 04, or its equivalent), on a primary and non-contributory basis. The CGL Policy must also be endorsed with ISO CG 24 17, or its equivalent, remove any exclusion for contractual liability within 50’ of a railroad. 8.General Provisions. a.Entire Agreement. This License Agreement (including any and all exhibits and amendments hereto, which are hereby incorporated herein by reference) constitutes the entire agreement between the parties and supersedes all oral or written proposals, prior agreements and any other prior communications between the IX-02 Metropolitan Council Contract #24I069 4 parties concerning the subject matter of this License Agreement.Any modifications or changes to this License Agreement shall be effective only where mutually agreed upon in writing by both parties. This License Agreement shall be fully binding upon, inure to the benefit of and be enforceable by the parties hereto and their successors and assigns. b.No Agency or Joint Venture. The parties agree and acknowledge that the relationship of the parties is in the nature of an independent contractor. This License Agreement shall not be deemed to create a partnership, franchise or joint venture and neither party is the other party's agent, partner, franchisee, employee or representative. c.Severability. Should any provision of this License Agreement be held to be void, invalid or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of this License Agreement shall remain in full force and effect. d.Authority to Execute. The parties mutually represent and warrant that (i) each has the legal power and authority to execute and perform this License Agreement and to grant the rights and assume its obligations herein and (ii) that the person(s) executing this License Agreement below on each party's behalf is/are duly authorized to do so and that the signatures of such person(s) is/are legally sufficient to bind the parties hereunder. e.Successor and Assigns. This License Agreement shall be binding on the parties and their successors and assigns. f.No Third-Party Beneficiaries. Except as expressly provided in this License Agreement, no person not a party to this License Agreement shall have any rights or entitlement of any nature under it. g.Assignment. Licensee agrees to use the Property for the purpose stated in this License Agreement and shall not assign, subcontract, sublet, or transfer this License Agreement without receiving express prior written consent from the Council. h.Notices. All notices or other communications to be made pursuant to this License Agreement shall be communicated to the following addresses: If to Council:Metropolitan Council 390 Robert Street St. Paul, MN 55101 Attention: Director of Environmental Services IX-02 Metropolitan Council Contract #24I069 5 If to Licensee:City of Hastings 101 4th Street East Hastings, MN 55033 Attention: Director of Public Works i.Governing Law. This License Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Dakota County District Court. j.Data Practices Compliance. All data collected by the Council and Licensee pursuant to this License Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. [The remainder of this page is intentionally left blank] IX-02 Metropolitan Council Contract #24I069 6 IN WITNESS WHEREOF, the parties have, by the undersigned individual so authorized, executed and delivered this License Agreement as of the Effective Date. METROPOLITAN COUNCIL By: ______________________ Name: ___________________ Its: ______________________ Date: ____________________ IX-02 Metropolitan Council Contract #24I069 7 CITY OF HASTINGS By: ______________________ Mary Fasbender, Mayor By: ______________________ Kelly Murtaugh, City Clerk Date: ____________________ IX-02 Metropolitan Council Contract #24I069 8 EXHIBIT A IX-02 Metropolitan Council] 190350009010 190350009010 Metropolitan Council—•.«'’■M IM 190350015010 United Heroes Leagui 190350014020 Defending The Blue Line Feet /^190260075010'w-Metropolitan Council 190350012010 ^^^^Metropolitan Council Dakota Comity Parcel Data METROPOLITANCOUNCIL DMa «21»»3AM Dim maptofor informationalparpoam only and to MtauMatotofoe tegal,ataurwyingpurpoMM Souk*Data Metmpoiilan f-1**.MeWitS,ktoCao Exhibit A -Parking Area