8.1. SR 05-02-2016 E04y1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 8.1
Agenda Section Meeting Date Prepared by
General Business May 2, 2016 Michael Hecker, Parks and Recreation Director
Item Description Reviewed by
Adopt License Argument to Maintain Bee Hives Cal Portner, City Administrator
Reviewed by
Action Requested
Adopt,by motion, a license agreement to maintain bee hive colonies on the William H. Houlton
Conservation Area.
Background/Discussion
Joseph Schultz has maintained bee hives on the William H. Houlton Conservation Area (WHHCA) for
several years before the city acquired the property.
The Houlton Planning Committee discussed the bee hives and felt that it was a positive activity to
continue on the property. Staff recommends a formal license agreement for the activity to continue.
The city,Trust for Public Lands (TPL), and the Friends of the Mississippi Rivers (FMR) foresee no issues
in keeping the bee hives on the property. TPL checked with the Lessard-Sams Outdoor Heritage Council
and found that bee keeping was not an issue as long as it is kept at a low profile. From a natural resource
management perspective, the FMR feels that it may actually help in establishing the prairie by increasing
pollination.
In the long term, the committee and city partners hope to bolster the populations of native pollinators
(butterflies and bees) on the WHHCA.
Financial Impact
N/A
Attachments
■ License Agreement
■ Bee Hive Area Exhibit A
POWERED 6T
Template Updoted 4/14 INAWRE1
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("Agreement") is made this 2nd_ day of May_,
2016, by and between the CITY OF ELK RIVER, MINNESOTA, a Minnesota municipal
corporation ("Licensor") and Joseph Schultz_("Licensee").
RECITALS
A. Licensor is the owner of the property known as the William H. Houlton
Conservation Area and identified as Parcel No. 75-800-0075 ("Property").
B. Licensee has requested Licensor to grant a license to Licensee to use that portion
of the Property depicted on Exhibit A attached hereto ("License Area") for the limited purpose
set forth in this Agreement.
C. Licensor agrees to grant to Licensee the right to use the License Area for the
limited purpose set forth below, upon the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the Recitals and the agreements contained
herein, Licensor and Licensee agree as follows:
1. License. Licensor hereby grants to Licensee, subject to the terms and conditions
of this Agreement, a non-exclusive, limited license (the "License") to use the License Area.
2. No Interest in License Area. Licensee acknowledges and agrees that this
Agreement does not grant Licensee any estate or other interest in the License Area or any part
thereof, except the License expressly described therein.
3. Permitted Uses. The License Area may be used by Licensee solely for the
purpose of placing and maintaining bee hive colonies. Licensee covenants that Licensee will:
(i) care for the License Area in a good husband-like manner, (ii) maintain bee hive colonies only
in the existing location as depicted on the attached Exhibit A, (iii) not commit or permit waste on
the License Area, (iv) carefully protect all improvements of every kind that are now on the
Property, (v) access the License Area on foot or by vehicle utilizing the field edge road,
(vi)promptly at the expiration of the term of this License remove all bee hives and personal
property from the Property and return the License Area in as good condition and repair as it now
is or may be at any time during the continuance of this License, ordinary wear and tear excepted.
Licensee shall not place any other temporary or permanent structures on the License Area, nor
shall Licensee do any excavation or other improvements to the License Area.
4. Limitation of Liability. Licensee acknowledges that its use of the License Area is
subject to Licensor's right to access and use the License Area at any time for lawful purposes
related to the operation and maintenance of the License Area and the Property. Licensor shall
not be responsible or liable to Licensee for any loss or damage to Licensee or its property, or
anyone claiming by or through Licensee, and Licensee assumes all risk of loss or damage to
Licensee's property located in the License Area.
5. Maintenance. Licensee agrees that its use of the License Area will comply with
all applicable laws, rules and regulations and that Licensee shall maintain the License Area in the
condition reasonably required by Licensor.
6. Indemnity. Licensee shall defend, indemnify and save Licensor and its officers,
employees, and agents harmless from and against all liabilities, losses, obligations, claims, suits,
damages, penalties, causes of action, costs and expenses (including without limitation, court
costs and reasonable attorneys' fees) arising from or relating to the use, condition, occupancy or
operation of the License Area or any part thereof by Licensee, or any failure on the part of
Licensee to perform or comply with any terms of this Agreement, or any injury, death, disability
or damage to any person or property occurring in or on the License Area in connection with
Licensee's use of the License Area, or any act or omission by Licensee or its officers,
employees, contractors or agents or anyone claiming by or through them.
7. Assignability. This Agreement, and the License herein granted, may not be
assigned or transferred to any third party by Licensee and shall automatically terminate if any
effort is made to assign it.
8. Termination. Licensor may terminate the License granted by this Agreement for
any reason, in its sole discretion, upon 30 days' written notice from Licensor to Licensee. In
addition, Licensor may terminate the license granted by this Agreement immediately upon notice
to Licensee if Licensor determines, in its sole discretion, that it is necessary to do so. Licensee
may terminate this Agreement at any time, upon written notice to Licensor. Licensee shall
remove all of Licensee's property from the License Area and return the License Area to its
existing condition by the effective date of a termination, or within 7 days of notice of an
immediate termination.
9. No Waiver. No waiver of any breach or any agreement, covenant or restriction
contained herein shall be construed to be a waiver of any other or future breach of the same or
other covenants or restrictions.
10. Notice Addresses. All notices shall be sent by registered or certified mail
addressed as follows:
Licensor: Park and Recreation Director
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Licensee: Joseph Schultz
925 Angel Street, Apt. 119
Elk River, MN 55330
(612) 470-4695
Either party may, by such notice, designate a new or other address to which notice may be
mailed.
IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as
of the date first written above.
2
LICENSOR:
CITY OF ELK RIVER
By:
John J. Dietz
Mayor
By:
Tina Allard
City Clerk
LICENSEE:
By:
Joseph Schultz
S-1
EXHIBIT A
Depiction of the License Area
A-1
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