6.1. SR 10-18-1999
rei ---'\)
( )j
~l}{
Item # 6. 1.
River
TO:
MEMORANDUM
FROM:
Mayor & City Council
Michele MCPherso&i;;ctor of Planning
DATE:
October 14, 1999
SUBJECT:
Approve License Agreement with the Boys
and Girls Club for a Sign
Request
The Boys and Girls Club requests approval of a license agreement so that they may
construct a sign on the Lions Park property.
Location
905 6th Street
. Zoninq/Land Use
PUD (Planned Unit Development/OS (Open Space)
Attachments
. Location Map
. Site Map
. License Agreement
Overview
The Boys and Girls Club entered into a lease agreement for the land area under the
new building under construction. The lease area does not provide any space for the
construction of a freestanding monument sign.
.
Representative from the Boys and Girls Club approached staff regarding the possibility
of locating a sign on the Lions Park property. The proposed location of the sign would
be on the west side of the Jackson Street entry road at a similar angle to the existing
Lions Park sign (refer to attached site map). While no sign design has been submitted,
early conversations indicate that the sign would be similar in design to the existing park
sign.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 . TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
.
.
.
Memo to the City Council/Boys and Girls Club Sign
October 18, 1999
Page 2
Analvsis
The City Attorney prepared the attached license agreement. The agreement includes:
1. The ability of the City to approve or deny the sign.
2. Termination of the license with either the termination of the Boys and Girls
Club use of the property or a 3D-day written notice from the City.
3. Indemnification of the City from any claims by the Boys and Girls Club.
4. The license may not be transferred without written consent of the City.
The Board of Directors for the Boys and Girls Club has approved the attached license
agreement without changes.
Recommendation
Staff recommends that the City Council approve the attached license agreement to
allow the placement of a Boys and Girls Club sign on Lion Park property.
~~' ~-~\ 'W1IIIIlJ.J4' i.\ \ \ 'II I
,; \,SA 1\
~, 5gl~~
~5
5 'l'1fO I Ale ~
p I _ ;;
CROlsmy
.%', '.~
.....;, ~'%~ ", ~ [
~-""o<('o ,. - ,
\.-' I.....'" ""
1,",< tD 7 ~ 1
, 9 ,. ~;JI)>
:xt~:~~ ~, ' " ,~
~~ ,-~~
" ,\8 "%, ~
jl.W~' ~ ~~
. ll;fc,' 'Y~~'
, _....:::t~."
, tit n"
:, .' :JIo~ 8]1
,'~ __ lt~~, 'N
I;; I ~~~"~Li4
~ RIc 1JJ!' ;;! ~].. I\.
...rt , II
;r; ~'':'''''.III' m
~ ~.. - -;::J,_
_ - '1"1 11[ ,If!.'" Cfl...
, ,,\ ~ . ~
ELK .;..-./ " "
lVER ---' ,
, 1 ,~5.....
,
'"::.ttr
,E ~.4
RIYER ,<>'-:l:: '
PLA~
~~D. 7, ;,
:;.'
li,V~O ""'''')-I~'~- I
Ih \ \ ' ~ ovn.OH ADD1T10 ~ DP'r, """",
Z \ A 1 Iii6 ~., ~ 4,)" 't.."j<~'\.'t7-
. ooRm'IAI.~1 ~'tp'~Ml' ~~v-:,~ .~' ..~'7J
~/\1' ~ W3 lli' ---L4 ~ 1 WM,^
"~... ,'ill '\21' ",.:., -....,:~
I iI!IH. Z 1 10:4."'. 3 1 -7 r-- __ ~ 4RIN e
~/5 ~5 Z 'f ~.~ J e ~
~\ ' 4 ~ ~~ I k:~ "\ ' , ' '311,
Lirr'L"\.,.' ble '~ ,t~" I hJ: '~L- '\ l"'AI' ,r-J" "
\ ~ ' . ; " ''\~, J'1 S) , /-" r" --a1i
~ ..r ,*a;r!,;-ilS ""~ O;d., I. ;-t" ,,' I, ,In'f' . ._ '"Ii
\ 'fV"'" iii'" 1- ~~",. .f))r( ...., ..
~~~:I)lI,' ~" 'ti\~~~L ...;.. 1I:"~l.._I,,
", ~,,"'M~ ~2~ \I '" ;..-~ ~
~.. 110.,1'. Cd ~ ~ -:.~~~~ J '
-- ~-'J "\.'liii!O..l~' I....:....
10'&
2 6 Ill. A I f\
~ ,2' V-'U :\'oa. "'I '. , ~
~~ \' - ~
~ ,-' ... baST ~~ ,- i...., . 2 ~
...- ,. E1JC..J!,
i--f18
I~~.C#[ ~ , ~" ~'~~ lOy.ti!nil " ~ER'f
"' p~ \ RIc t= h "v j";""-~1II11 '~'~
1 ~ _ 1ft lillii' "'1" /~'(![F1 E
. ~ 0 ........ ~ ~"m. JIIIBII . r .
~ ~ ..(1~ m
~ N~,rlrite\. ~
" f~ 12 A~~,1 "'\~14
AlJDITOR::; ,; ~ II UON'S '\:\l
~ -~,~~
<
I , ,
~' ~"'-i..:' .
,:' ' rl',; f ~
~'6' '~','
'~ " ~ ~ ~
~~ ~ 1 '1'
~~. I \
I
~,
"~':
r"':1---<
~
~
<0 !>
1i
R2b
o
ORONO
'--'
E
_II
1J'i: (-~\~
r I ~)
( )j
City of ~
Ell{ River
01
;"1''''4, L ~'
II
\~l ;:
o \\ \ftII ~
'N · ~jl
,. \ -1\"
.. \ ~
r\ ~\\\'.
;p
?..s;.._ 2
~.<:>",
~
LOCATION N
MAP Boys and
Girls Club
CASE: License Agreem€~nt
13065 Orono Parkway · P.O. Box 490
Elk River. MN 55330
;..,"
fiii'
.
.
,.
.
...
,":\
\ : ,
,
~
\.~
<.;" ..,\,
\1. ~"'f
!!.,. ~.i__ _
.-. -.-.'...-....."\..".,.;..-.. "'-..'..--
III "~.' '-. ' ,~ ,''''
. ::J ~~, ,'. ,'" " '" _
Q. ----. -....-' -' --. -
o
o
c
;:J.
~~. ~-r~rNW\.
Site Map
.
LICENSE AGREEMENT
THIS LICENSE AGREEMENT is entered into this _ day of September, 1999, by
and among the CITY OF ELK RIVER, a Minnesota Municipal corporation ("Licensor") and the
ELK RIVER BOYS & GIRLS CLUB, a Minnesota non-profit corporation ("Licensee").
WHEREAS, the Licensor owns and uses for public park purposes certain real estate
located in Sherburne County, Minnesota, and legally described on Exhibit A attached hereto and
made a part hereof (the "Property"); and
WHEREAS, Licensor has leased a portion of the Property to Licensee, and Licensee has
constructed thereon a facility known as the Boys & Girls Club of Elk River; and
WHEREAS, Licensee has requested that Licensor grant a License to Licensee allowing
Licensee to place a sign identifying the Boys & Girls Club facility on a portion of the Property
not included in the premises leased to Licensee; and
WHEREAS, Licensor has agreed to grant said License upon the terms and conditions set
forth herein.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1. Grant of License. Licensor hereby grants to Licensee a license (the "License") to
locate one sign on the Property, subject to the terms and conditions ofthis License.
2. Size. Type and Location of Sign. The size, type of construction, building
materials and location of the sign on the Property all must be approved by the Licensor prior to
the installation of a sign. Licensor reserves the right, in its sole discretion, to approve or deny
any sign proposal, and to impose such conditions as it shall deem appropriate with respect to the
. size, type and location of the sign.
.
.
.
.
3.
Term of License. The license granted herein shall commence on the date of this
Agreement and shall terminate upon the occurrence of either of the following:
a. Immediately upon discontinuance of Licensee's use of a portion of the
Property for the purpose of a Boys & Girls Club; or
b. 30 days following delivery by Licensor to Licensee of a written notice
revoking the License. Licensor reserves the right to revoke the License
granted herein for any reason.
4. Payment. In consideration for the granting of the License, Licensor shall receive
$1.00 and other good and valuable consideration, the sufficiency of which is hereby
acknowledged.
5. Indemnification. Licensee shall release, indemnify, hold harmless and defend
Licensor from and against any and all claims or causes of action for personal injury, for any loss
of life or for property damage arising as a result of Licensee's use of the Property pursuant to this
License.
6. Assignability. This License may not be assigned or transferred by Licensee
without the written consent and permission of the Licensor or its successors in interest. This
License may be assigned or transferred by the Licensor without the consent of the Licensee.
7. Notices. Any notices to be given under this Agreement shall be given in writing
by depositing the same in the U. S. Mails, postage paid, addressed to the parties at the following
address:
If to the Boys & Girls Club of Elk River:
[address]
If to the City of Elk River:
13065 Orono Parkway
Elk River, MN 55330
Attn: City Administrator
- 2 -
.
.
.
IN WITNESS, the parties hereto have executed this Agreement as of the day and year
first above written.
LICENSOR
CITY OF ELK RIVER
By
Its Mayor
By
Its City Clerk
LICENSEE
BOYS & GIRLS CLUB OF ELK RIVER
By
Its
STATE OF
)
) ss.
)
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
1999 by , on behalf of
the Boys & Girls Club of Elk River.
Notary Public
- 3 -
.
.
.
STATE OF
)
) ss.
)
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
1999, by Stephanie A. Klinzing and Sandy A. Peine, the Mayor and City Clerk, respectively, of the
City of Elk River, a municipal corporation under the laws of Minnesota, on behalf of the
corporation.
Notary Public
THIS INSTRUMENT DRAFTED BY:
Gray, Plant, Mooty, Mooty & Bennett (PKB)
3400 City Center
33 South Sixth Street
Minneapolis, MN 55402
-4-
.
.
.
EXHIBIT A
Legal Description of the Property
[to be provided]
GP:630245 vi
- 5 -