IV.8. Approve License Agreement - Metro Transit use of Lot 800 as park and ride; StadlerG�Ty OF
NOPKINS
January 5, 2021
Council Report 2021-004
Approve Amendment One to 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
Mayor and City Manager to sign Amendment One to the license agreement with the
Metropolitan Council for the temporary use of City parking lot #800 as a park and ride
lot.
Overview.
In June, 2019 City Council approved the License Agreement for Metropolitan Council's
use of city parking lot 800 as a temporary Metro Transit park and ride lot. The
Metropolitan Council has now asked that the license agreement be extended via
amendment One until October 31, 2022. When the license agreement was approved in
2019 it was thought that the park and ride lot would move to the Moline public parking
ramp in the fall, 2020. With the Moline project option no longer available, the
Metropolitan Council seeks a two-year extension for the use of City parking lot 800.
The parking lot will continue to support riders for express route 670 with three buses
departing in the early morning (6:45-7:45 am) and three buses arriving in the late
afternoon (4:45-5:45 pm). There have been no parking or maintenance issues and no
complaints from nearby residents regarding the bus route change or the use of this
parking lot as a park/ride lot. The conditions of the amended agreement are basically
unchanged with the notable exception of Metropolitan Council paying the City
$2000/month for their non-exclusive use of the parking lot. Staff recommends approval.
Supporting Information
• Proposed License agreement amendment
• Originalicense Agreement
Steven J. Stadler
Public Works Director
Financial Impact: $ new annual rental fee revenue Budgeted: No
Related documents (CIP, ERP, etc.):
Notes: $24,000 per year Parking Fund revenue
Reference Numbers
SWLRT Project: 61001
METROPOLITAN Metropolitan Council: 16M143
C Q U N C ! L
AMENDMENT NUMBER ONE
to
Metropolitan Council Contract No. 191001
HOPKINS LICENSE AGREEMENT
The City of Hopkins, a Minnesota municipal Corporation ("Licensor"), and the
Metropolitan Council ("Licensee"), a public corporation and political subdivision under
the laws of the State of Minnesota, agree that the License Agreement, entered into on
June 17, 2019 had an expiration date of October 31, 2020, the parties wish to extend and
amend this License Agreement as follows:
1. Section 2 is deleted, and the following is inserted in its place:
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.
2. Section 4 is deleted, and the following is inserted in its place:
Term. The term of this Agreement shall commence upon execution of this
Agreement by both parties and shall end on October 31, 2022 unless this
Agreement is terminated pursuant to Section 6 below.
3. Section 5 is deleted, and the following is inserted in its place:
Reimbursement. The Licensee will reimburse the Licensor for 50% of the actual
snow removal costs. The total snow removal costs reimbursed under this
agreement shall not exceed $5,000. The invoices for snow removal 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.
In addition, Licensee shall pay a fee of $2,000 per month for the term November
1, 2020 through October 31, 2022. The Licensor shall submit monthly invoices for
reimbursement to the attention of Accounts Payable, at the following address:
Southwest Light Rail Transit Project Office
6465 Wayzata Blvd, Suite 500
St. Louis Park, MN 55426
Contract 191001 Hopkins Parking License Agreement (Amendment 1)
Page 1 of 2 Pages
IN WITNESS WHEREOF, the parties have caused this amendment to be executed by
their duly authorized officials as of the dates indicated below. The individuals executing
this amendment represent and warrant that they are authorized to execute this
amendment on behalf of their respective organizations. Furthermore, this Amendment
may be executed in counterparts, each of which shall be deemed to be an original, but all
of which, taken together, shall constitute one and the same agreement.
CITY OF HOPKINS METROPOLITAN COUNCIL
By:_
Its:
Date:
By:_
Its:
Date:
By:
Its:
Date:
Contract 191001 Hopkins Parking License Agreement (Amendment 1)
Page 2 of 2 Pages
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 10`h 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 80'
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. Premises. 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
elfinsure 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.
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.
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