IV.11. Approval of License Agreement with Metropolitan Council for temporary use of City parking lot #800 as a park and ride lot; StadlerG�TY OF
yOPK►NS
May 30, 2019
Council Report 2019-063
Approve License Agreement between the City of Hopkins and the Metropolitan Council
for the temporary use of City parking lot #800 as a Metro Transit bus park and ride lot.
Proposed Action.
Staff recommends adoption of the following motion: Move that Council authorize the
Mavor and Citv Manaqer to siqn a license aqreement with the Metropolitan Council for
the temporarv use of Citv parkinq lot #800 as a park and ride lot.
Overview.
The SWLRT project includes relocating the current park/ride lot at the 8t" Ave
S/Excelsior Blvd intersection to the new Moline project parking ramp. It is anticipated
that the new park/ride ramp at the Moline will be available the fall of 2020. However,
the existing park/ride lot is needed this summer to support the LRT construction effort.
Staff has negotiated the attached license agreement with Metro Transit staff for their
temporary use of our parking lot #800. There is available capacity in this 80-stall
parking lot to support the estimated 40-50 park/ride users and there is a reasonable
express route 670 rerouting plan to support this temporary change. A notice describing
these changes was mailed to the residents & businesses in the area of parking lot 800
and the bus reroute. Staff has not yet been contacted with questions/concerns from any
resident or business. The City Attorney's office has reviewed the proposed license
agreement. Staff recommends approval.
Primarv Issues to Consider
• Proposed License agreement terms and conditions
Supportinq Information
• Proposed License agreement
• Public tification letter
Steven J. Stadler
Public Works Director
Financial Impact: $ 0.0 Budgeted: n/a Related documents (CIP, ERP,
etc. ):
Notes: Potential for up to $5,000 reimbursement of winter maintenance expense
Council Report 2019-063
Page 2
Anaivsis of Issues
•� License aqreement terms/conditions
o The parking lot will support riders for express route 670 with three buses
departing in the early moming (6:45-7:45 am) and three buses arriving in
the late aftemoon (4:45-5:45 pm)
o Non-exclusive use of parking lot 800
o The agreement term ends 10/31/2020
o Either party may terminate with 10 day notice
o City responsible for routine parking lot maintenance with reimbursement
for up to $5,000 for snow plowing/removal expense
o Standard indemni�cation clause and insurance requirements — Metro
Council may opt to self-insure for the required coverages
Metropolitan Council No. 19I001
Metropolitan Council
390 Robert Street
St. Paul, Minnesota 55101
(651) 602-1749
City of Hopkins
1010 First Street South
Hopkins, Minnesota 55343
LICENSE AGREEMENT
THIS LICENSE AGREEMENT (the "Agreement") is made by and between the
Metropolitan Council, a public corporation and political subdivision under the laws of the State
of Minnesota ("the Licensee"), and the City of Hopkins, a Minnesota municipal corporation
("Licensor").
WITNESSETH:
WHEREAS, the Licensor owns real property located at 102 l Oth Avenue North in the City
of Hopkins, Minnesota ("the Property") depicted on the attached Exhibit A; and
WHEREAS, the Licensee's existing park and ride location on Excelsior Boulevard at 8�'
Avenue will be impacted for the construction of the METRO Greenline Extension Southwest Light
Rail Transit (SWLRT) project; and
WHEREAS, Licensee is interested in using City Parking Lot 800 (the "Premises"), located
on the Property for temporary customer parking; and
WHEREAS, the Licensor is willing to allow Licensee to use the Premises pursuant to the
terms and conditions of this Agreement.
NOW THEREFORE, for good and valuable consideration the receipt of which is hereby
acknowledged, the Parties hereto agree as follows:
1. Prernises. The Licensor agrees to allow Licensee and its agents, employees and
contractors, and customers to use that portion of the Property described and shown in the attached
Exhibit A, under the terms of this Agreement.
2. Use. The Premises may be used by the Licensee and its agents, employees,
contractors, and customers as a park and ride lot. All Licensee operations must take place in the
eighty (80) parking stalls depicted in Exhibit A. The Licensee's use of the Property is non-
exclusive and is subject to the rights of others. In entering this agreement, it is the Licensor's and
Licensee's expectation that the Licensee park and ride demand will not exceed fifty (50) parking
stalls.
3. Time of Usage. The Premises described and shown on Exhibit A may be used by
Licensee, and its agents, employees, contractors, and customers 24 hours a day Monday through
Friday during the Term of the Agreement set forth herein.
4. Term. The term of this Agreement shall commence upon execution of this
Agreement by both parties and shall end of October 31, 2020 unless this Agreement is terminated
pursuant to Section 6 below.
5 Reimbursement. The Licensee will reimburse the Licensor for 50% of the actual
snow removal costs. The total costs reimbursed under this agreement shall not exceed $5,000. The
Invoice should be submitted to the Licensee within thirty (30) days of the termination date of this
License, and the invoice must include the total cost, total hours by date, and the hourly rate for
snow removal.
6. Termination. Either party may terminate this upon ten (10) days prior written
notice to the other party.
7. Maintenance. For the duration of this Agreement, the Licensor shall provide or
arrange for and be financially responsible for provisions of routine maintenance or repair of the
parking lot. Snow removal is covered separately in section 8 of this Agreement. The Licensor
shall ensure that the Premises remains illuminated 24 hours a day Monday through Friday. Non-
routine maintenance or repair directly attributed to the use of the Premises by the Licensee through
its Metro Transit division shall be the financial responsibility of the Licensee. Any non-routine
maintenance will be agreed upon, in writing, by both parties prior to the commencement of the
work.
8. Snow Removal. The Licensor agrees to arrange for regular and/or timely snow
removal of the Premises, including driveways. The Licensor further agrees that when snow
removal is required, such snow removal will be completed as soon as reasonably practical.
9. Signs. The Licensee will erect signs on or adjacent to the Premises designating the
areas as a park and ride lot and specifying the days on which it may be used as such by Licensee
passengers. Such signs will be customary for Licensee's Metro Transit operations. Signs are
subject to approval by Licensor, which approval shall not be unreasonably conditioned, withheld,
or delayed.
10. Indemnity. Without waiving any statutory immunities and specifically subject to the
liability limits contained in Minn. Stat. chapter 466.04, Licensee shall defend, indemnify and hold
harmless the Licensor and its officers, officials, employees, and agents, from and against all claims,
damages, losses and expenses arising out of the negligent use of the Premises by the Licensee, its
agents and itsemployees, pursuant to this Agreement. This obligation shall survive the termination
of this Agreement.
11. Insurance. The Licensee shall purchase, carry and maintain in full force and
effect, throughout the term of this Agreement, at Licensee's sole expense, general liability
insurance (CGL), occurrence form, with limits no less provided by Minn. Stat. Chap. 466.04,
providing coverage for liability arising from premises, operations, , products-completed
operations (if applicable) personal injury and advertising injury, and contractual liability
assumed under this Agreement. In lieu of such policy, the parties agree that Licensee may self-
insure such exposures. Should Licensee elect to procure and maintain a CGL policy, such policy
shall list Licensor as an additional insured on such policy.
12. General Provisions
12.1 Entire Agreement. This 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 parties concerning the subject
matter of this Agreement. Any modifications or changes to this Agreement shall be
effective only where mutually agreed upon in writing by both parties. This Agreement shall
be fully binding upon, inure to the benefit of and be enforceable by the parties hereto and
their successors and/or assigns.
12.2 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 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.
12.3 Severability. Should any provision of this 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 Agreement shall remain in full force and
effect.
12.4 Authority to Execute. The parties mutually represent and warrant that (i)
each has the legal power and authority to execute and perform this Agreement and to grant
the rights and assume its obligations herein and (ii) that the person(s) executing this
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
12.5 Assignment. Licensee agrees to use the Property for the purpose stated in
this agreement and shall not assign, subcontract, sublet, or transfer this lease without
receiving express written consent from the Licensor.
12.6 Successor and Assigns. This Agreement shall be binding on the parties and
their successors, or assigns, or both.
12.7 No Third-Party Beneficiaries. Except as expressly provided in this
Agreement, no person not a party to this Agreement shall have any rights or entitlement of
any nature under it.
12.8 Governing Law. This Agreement is governed, construed, and enforced
under the laws of the State of Minnesota without regard to its conflicts of law provisions.
3
12.9 Legal Compliance. The Licensor and the Licensee agree to comply with all
applicable state and federal laws and regulations and all applicable local ordinances and
rules.
12.10 Data Practices. The Parties will comply with the Minnesota Government
Data Practices Act, Minnesota Statutes, Chapter 13, as it applies to all data created,
collected, received, stored, used, maintained, or disseminated in accordance with this
Agreement. The civil remedies of Minnesota Statutes, section 13.08, apply to the release
of the data referred to in this section by either Party.
12.11 Record-Keeping and Audit. As required by Minnesota Statutes, section
16C.05, the records, books, documents, and accounting procedures and practices of the
Licensor and of any subcontractor relating to work performed pursuant to this Agreement
shall be subject to audit and examination by the Licensee and the Legislative Auditor or
State Auditor. The Licensor and any subcontractor shall permit the Licensee or its designee
to inspect, copy, and audit its accounts, records, and business documents at any time during
regular business hours, as they may relate to the performance under this agreement. Audits
conducted by the Licensee under this provision shall be in accordance with generally
accepted auditing standards. Financial adjustments resulting from any audit by the
Licensee shall be paid in full within thirty (30) days of the Licensor's receipt of audit.
IN WITNESS WHEREOF, the parties have, by the undersigned individual so authorized, executed and
delivered this Agreement as of the Effective Date.
METROPOLITAN COUNCIL
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Its:
CITY OF HOPHINS
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Its:
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Date:
Date:
Date:
EXHIBIT A
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4Ne6 adc�ress: www.kopk,insmn.com
Hopkins Residents and Businesses near City parking lot 800
Dear Resident/business owner:
May 27, 2019
This letter is a notice that the City is intending to allow Metro Transit to use parking lot 800 as a park and ride lot until
November 2020. The existing park and ride lot near the Excelsior Boulevard-8th Ave intersection must soon be closed
due to the SWLRT construction. This will also require a change to bus route 670, as shown below. At its June 4 meeting,
Hopkins City Council will consider approving a license agreement with Metro Transit authorizing their use of the parking
lot. If approved, the new park/ride lot and bus reroute would start on June 17. The graphic and additional information
below, provided by Metro Transit, further describes this change.
If you have questions/concerns, please contact me at 952-548-6350 or email at sstadler@hopkinsmn.com.
Sin�erely,
Steven J. Stadler
Public Works Director
ROUTE b70 REROU'TIMG'TQ S�iiV£ TEMRURARY REPLACEN"{�NT PARK-RIDE
- Construction of Downtown Hopkins L.RT Station requires clasing af 8th Ave park-ride
- Route 670 currently serves 8kh A�e park-ride with express service to downtown via Wwy.169 with 3 trips to
downtown leaving between 6A5-7:45 AM and 3 trips from downtown arriving betwe�n 4:45-5:�5 PM
- Rerouting to Municipat Lot #840 allativs �pproximately 40 park-riders to continue to use the serv'tce
- At the temporary parlc-ride location stops will be added on 1 st St N, east6ound & westbound, just west af 1 Qth Avenue
�e�tion of roe�tin retained
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