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99-493Council File # �R � �'� 3 Green Sheet # l� a- iP 3 OR{GI�AL Presented By Refened To CITY OF RESOLUTION PAUL, NIINNESOTA Committee: Date �� 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WI�REAS, The City of Saint Paul, Division of Pazks & Recreation, provides a variety of activities to youth including participation in track & field events; and WHEREAS, Saint Paul Parks & Recreation is in need of space for its growing track & field program; and WI�REAS, Macalester College of Saint Paul owns land at 1600 C}rand Avenue which includes an athletic track; and WIIEREAS, Macalester College is willing to give permission for Parks & Recreation to use their field space but wishes to have the City indemnify and hold the College harmless from claims related to the City's use of the track facilifies; and WHEREAS, provision of track & field opportwuties serve a legitimate public purpose by seiving the youth of the City; and WHEREAS, the expenditure of public funds, which includes the promise of indemnificarion and defense, for such a purpose will facilitate and a11ow the City to provide such opportunities, now therefore, be it RESOLVED, that the City Council of the City of Saint Paul on behalf of the City of Saint Paul hereby agrees to defend, indemnify and hold Macalester College harmless from any and all damages it may be required to pay as a result of suits, claims, actions, or judgments arising out of the use of Macalester's athletic track at 1600 Grand Avenue which are attributable to the negligent act or omission by the City of Saint Paul, its employees, agents or contractors. 1 q9 -443 2 FURTHER RESOLVED, that this indexnnification does not include: 1) injuries or 3 damages arising from hidden iraps or dangerous conditions of the facilities and track itself as to 4 which the College had actual or constructive notice; and 2) damages or injuries arising out of 5 occurrences or events which aze not part of the authorized use of the premises or which do not 6 talce place on the premises being used as part of the event. Furthermore, nothing in the foregoing 7 provisions shall be conshued as a waiver of the municipal tort liability limits and defenses set 8 forth in Mimi. Stat. §466.01 et. seq. ORIGINAL i DEPARTMENT/OFHCE/COUNCII �ATEINITATED / �� -� `� GREEN SHEET � NO. 62636 Parks and Recreation 4-22-99 CONTACT PHi50N AND PHONE INITI/LLIDATE INITIALNATE VinCe Gllespie 266-640$ � 1 DEPAHTMENTOIHEMOR 4 cmcou.ia� ASSIGN NJMBFA ? CTiYA7TOiWEY _CITYCLEAK MUA6EONCOUNqLAGFNDABYmATE7 R �� qyppt _flNANCIALSQiVILES�ItL , 3 MAYORlOHAS95fAN E!L. — 5 Parks & Recreatian � =v� TOTqLfOFSIGNATUqEPqGES Z (CWALLIDCpiqNSFOpbIfWpTUip ACTON REQUESTm: Approval of resolution holding Macalester College harmiess for City's use of Macalester's athletic track. tiEC�MMENDATIONS: Approve W o� Rtject {RI P9t80NAL BBIVICECONSf{pCiS MUS� ANSWOt i11ETOLLOVANO pU65TON5: _PLANNING COMMISSION _GVIL SERVICE COMMISSVON t Me this pera�rm evm wwkM under a eomrec[ fp t1YS departmeM? CIB COMMITTEE _ yE5 Np A STAFF 2. Hae tNs per�oNfirm ever been a<iry emv�oyeel DISTRICT COUNCIL YES NO — — 3. Daes this person%irm poaseas a sltill not normally posanaeE by eny cwrerrt city employeei SUPPORTSWNICHCDUNGLOBJECTIVE7 YES NO 6cWdn tll Ya amwen on se0e�e� Nwat vd atteeh to 9'een �Met. INITIATING Pfl08LEM, ISSUE, OPPORTUNI7Y �Who, Whet When, WMre, VJhy�: Macalester College is willing to provide its athletic track tor use by city youth track programs. Macalester Coflege has a high quality track that the College will make available to City if the City holds the College harmless. '" ADVANTAGES IF APPROVEO: OISAOVANTAGESIFAPPROVE�: ' None � `-�- �`� � -z�� ° � �QES£S�� �e�Su?xgv't? �"annt�'!` OISADVANTAGESIFN�TPPPROVW: tk�HY / 1��;$ �A� � � `�uGd,Q dtresea N a� �:c�'s � .; .. ��x•ct���._. . TOTALAMOUNTOFTRANSACTION � COSTMEVENUEBUDGEf�(CIRCLEOND YFS NO WNqNG SOURCE ACiMTY NUM66t RNANCIAL INF9pMATION: IIXPW W �IAGALESTER COLLEGE AI'ALEIICS� PHYSICAL ED[iCAI'IO\ & RECR&1TI0� SE00 GA�SD f�VE]OE M2}' 4, 1994 S.vsrPaL �Si��FSOia ��o�-iE99 Eric Stokes Groveland Rec. Center 2045 St. Claire Ave. St. Paul, MN 55105 Dear Eric, �9 . �1�13 Tsc:G¢-696-6z67 Fix: 6Si-69663s8 ToLL F�E: 800-763-io3o We are pleased to confirm your request for use of the Macalester College Track, par your conversation with our track coaches. This letter, when signed by authorized representatives of Macalester College (the College) and Macalester-Groveland Track Club (the Sponsor) will constitute an agreement for use of the college facilities by the sponsor's track and field team. The terms of the agreement are as follows: 1. The college will provide its track for use Monday through Friday from 7:OOpm-9:OOpm, April 1- August 1, 1999. Ancillary track eauipment will not be �rovided. 2. Implement throwing should be conducted on the lower practice throwing area. Throwing is not permitted on the upper level football field at anytime. 3. Only pyramid spikes (up to 1/4") are to be used on the track surface. 4. The sponsor will provide a certificate of insurance evidencing liability coverage of $1,000,000 combined limits naming Macalester College immediately as an additional insured. 5. The sponsor accepts responsibility for loss or damage to college facilities as a result of its actions or actions of participants in its program. 6. The sponsor agrees to accept responsibility of the actions of all participants in its group as it relates to personal safety and liability. �. �R��{43 7. Any charges for damage will be billed at the conclusion of the agreement. Bill are due when rendered, the sponsor agrees to pay any legal or collection fees required to collect debts resulting from this agreement. 8. The sponsor agrees to hold Macalester harmless from any third party claims arising from the activities of the sponsor while on the college premises, as evidenced b;�and subject to the limitations in the attached City Council Resolution. The individuals signing this agreement wanant that they may commit their respective organizations to such agreements. Please sign and return one copy to Macalester by April 1, 1999. Sincerely, � �ti. i�,� Mac ester College Athletic Director Agreed: � Signature and D puty Mayor ��. _ e�.� City St. and Rec cc: Martin Peper, Macalester Vanessa Seljeskog, Macalester Council File # �R � �'� 3 Green Sheet # l� a- iP 3 OR{GI�AL Presented By Refened To CITY OF RESOLUTION PAUL, NIINNESOTA Committee: Date �� 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WI�REAS, The City of Saint Paul, Division of Pazks & Recreation, provides a variety of activities to youth including participation in track & field events; and WHEREAS, Saint Paul Parks & Recreation is in need of space for its growing track & field program; and WI�REAS, Macalester College of Saint Paul owns land at 1600 C}rand Avenue which includes an athletic track; and WIIEREAS, Macalester College is willing to give permission for Parks & Recreation to use their field space but wishes to have the City indemnify and hold the College harmless from claims related to the City's use of the track facilifies; and WHEREAS, provision of track & field opportwuties serve a legitimate public purpose by seiving the youth of the City; and WHEREAS, the expenditure of public funds, which includes the promise of indemnificarion and defense, for such a purpose will facilitate and a11ow the City to provide such opportunities, now therefore, be it RESOLVED, that the City Council of the City of Saint Paul on behalf of the City of Saint Paul hereby agrees to defend, indemnify and hold Macalester College harmless from any and all damages it may be required to pay as a result of suits, claims, actions, or judgments arising out of the use of Macalester's athletic track at 1600 Grand Avenue which are attributable to the negligent act or omission by the City of Saint Paul, its employees, agents or contractors. 1 q9 -443 2 FURTHER RESOLVED, that this indexnnification does not include: 1) injuries or 3 damages arising from hidden iraps or dangerous conditions of the facilities and track itself as to 4 which the College had actual or constructive notice; and 2) damages or injuries arising out of 5 occurrences or events which aze not part of the authorized use of the premises or which do not 6 talce place on the premises being used as part of the event. Furthermore, nothing in the foregoing 7 provisions shall be conshued as a waiver of the municipal tort liability limits and defenses set 8 forth in Mimi. Stat. §466.01 et. seq. ORIGINAL i DEPARTMENT/OFHCE/COUNCII �ATEINITATED / �� -� `� GREEN SHEET � NO. 62636 Parks and Recreation 4-22-99 CONTACT PHi50N AND PHONE INITI/LLIDATE INITIALNATE VinCe Gllespie 266-640$ � 1 DEPAHTMENTOIHEMOR 4 cmcou.ia� ASSIGN NJMBFA ? CTiYA7TOiWEY _CITYCLEAK MUA6EONCOUNqLAGFNDABYmATE7 R �� qyppt _flNANCIALSQiVILES�ItL , 3 MAYORlOHAS95fAN E!L. — 5 Parks & Recreatian � =v� TOTqLfOFSIGNATUqEPqGES Z (CWALLIDCpiqNSFOpbIfWpTUip ACTON REQUESTm: Approval of resolution holding Macalester College harmiess for City's use of Macalester's athletic track. tiEC�MMENDATIONS: Approve W o� Rtject {RI P9t80NAL BBIVICECONSf{pCiS MUS� ANSWOt i11ETOLLOVANO pU65TON5: _PLANNING COMMISSION _GVIL SERVICE COMMISSVON t Me this pera�rm evm wwkM under a eomrec[ fp t1YS departmeM? CIB COMMITTEE _ yE5 Np A STAFF 2. Hae tNs per�oNfirm ever been a<iry emv�oyeel DISTRICT COUNCIL YES NO — — 3. Daes this person%irm poaseas a sltill not normally posanaeE by eny cwrerrt city employeei SUPPORTSWNICHCDUNGLOBJECTIVE7 YES NO 6cWdn tll Ya amwen on se0e�e� Nwat vd atteeh to 9'een �Met. INITIATING Pfl08LEM, ISSUE, OPPORTUNI7Y �Who, Whet When, WMre, VJhy�: Macalester College is willing to provide its athletic track tor use by city youth track programs. Macalester Coflege has a high quality track that the College will make available to City if the City holds the College harmless. '" ADVANTAGES IF APPROVEO: OISAOVANTAGESIFAPPROVE�: ' None � `-�- �`� � -z�� ° � �QES£S�� �e�Su?xgv't? �"annt�'!` OISADVANTAGESIFN�TPPPROVW: tk�HY / 1��;$ �A� � � `�uGd,Q dtresea N a� �:c�'s � .; .. ��x•ct���._. . TOTALAMOUNTOFTRANSACTION � COSTMEVENUEBUDGEf�(CIRCLEOND YFS NO WNqNG SOURCE ACiMTY NUM66t RNANCIAL INF9pMATION: IIXPW W �IAGALESTER COLLEGE AI'ALEIICS� PHYSICAL ED[iCAI'IO\ & RECR&1TI0� SE00 GA�SD f�VE]OE M2}' 4, 1994 S.vsrPaL �Si��FSOia ��o�-iE99 Eric Stokes Groveland Rec. Center 2045 St. Claire Ave. St. Paul, MN 55105 Dear Eric, �9 . �1�13 Tsc:G¢-696-6z67 Fix: 6Si-69663s8 ToLL F�E: 800-763-io3o We are pleased to confirm your request for use of the Macalester College Track, par your conversation with our track coaches. This letter, when signed by authorized representatives of Macalester College (the College) and Macalester-Groveland Track Club (the Sponsor) will constitute an agreement for use of the college facilities by the sponsor's track and field team. The terms of the agreement are as follows: 1. The college will provide its track for use Monday through Friday from 7:OOpm-9:OOpm, April 1- August 1, 1999. Ancillary track eauipment will not be �rovided. 2. Implement throwing should be conducted on the lower practice throwing area. Throwing is not permitted on the upper level football field at anytime. 3. Only pyramid spikes (up to 1/4") are to be used on the track surface. 4. The sponsor will provide a certificate of insurance evidencing liability coverage of $1,000,000 combined limits naming Macalester College immediately as an additional insured. 5. The sponsor accepts responsibility for loss or damage to college facilities as a result of its actions or actions of participants in its program. 6. The sponsor agrees to accept responsibility of the actions of all participants in its group as it relates to personal safety and liability. �. �R��{43 7. Any charges for damage will be billed at the conclusion of the agreement. Bill are due when rendered, the sponsor agrees to pay any legal or collection fees required to collect debts resulting from this agreement. 8. The sponsor agrees to hold Macalester harmless from any third party claims arising from the activities of the sponsor while on the college premises, as evidenced b;�and subject to the limitations in the attached City Council Resolution. The individuals signing this agreement wanant that they may commit their respective organizations to such agreements. Please sign and return one copy to Macalester by April 1, 1999. Sincerely, � �ti. i�,� Mac ester College Athletic Director Agreed: � Signature and D puty Mayor ��. _ e�.� City St. and Rec cc: Martin Peper, Macalester Vanessa Seljeskog, Macalester Council File # �R � �'� 3 Green Sheet # l� a- iP 3 OR{GI�AL Presented By Refened To CITY OF RESOLUTION PAUL, NIINNESOTA Committee: Date �� 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WI�REAS, The City of Saint Paul, Division of Pazks & Recreation, provides a variety of activities to youth including participation in track & field events; and WHEREAS, Saint Paul Parks & Recreation is in need of space for its growing track & field program; and WI�REAS, Macalester College of Saint Paul owns land at 1600 C}rand Avenue which includes an athletic track; and WIIEREAS, Macalester College is willing to give permission for Parks & Recreation to use their field space but wishes to have the City indemnify and hold the College harmless from claims related to the City's use of the track facilifies; and WHEREAS, provision of track & field opportwuties serve a legitimate public purpose by seiving the youth of the City; and WHEREAS, the expenditure of public funds, which includes the promise of indemnificarion and defense, for such a purpose will facilitate and a11ow the City to provide such opportunities, now therefore, be it RESOLVED, that the City Council of the City of Saint Paul on behalf of the City of Saint Paul hereby agrees to defend, indemnify and hold Macalester College harmless from any and all damages it may be required to pay as a result of suits, claims, actions, or judgments arising out of the use of Macalester's athletic track at 1600 Grand Avenue which are attributable to the negligent act or omission by the City of Saint Paul, its employees, agents or contractors. 1 q9 -443 2 FURTHER RESOLVED, that this indexnnification does not include: 1) injuries or 3 damages arising from hidden iraps or dangerous conditions of the facilities and track itself as to 4 which the College had actual or constructive notice; and 2) damages or injuries arising out of 5 occurrences or events which aze not part of the authorized use of the premises or which do not 6 talce place on the premises being used as part of the event. Furthermore, nothing in the foregoing 7 provisions shall be conshued as a waiver of the municipal tort liability limits and defenses set 8 forth in Mimi. Stat. §466.01 et. seq. ORIGINAL i DEPARTMENT/OFHCE/COUNCII �ATEINITATED / �� -� `� GREEN SHEET � NO. 62636 Parks and Recreation 4-22-99 CONTACT PHi50N AND PHONE INITI/LLIDATE INITIALNATE VinCe Gllespie 266-640$ � 1 DEPAHTMENTOIHEMOR 4 cmcou.ia� ASSIGN NJMBFA ? CTiYA7TOiWEY _CITYCLEAK MUA6EONCOUNqLAGFNDABYmATE7 R �� qyppt _flNANCIALSQiVILES�ItL , 3 MAYORlOHAS95fAN E!L. — 5 Parks & Recreatian � =v� TOTqLfOFSIGNATUqEPqGES Z (CWALLIDCpiqNSFOpbIfWpTUip ACTON REQUESTm: Approval of resolution holding Macalester College harmiess for City's use of Macalester's athletic track. tiEC�MMENDATIONS: Approve W o� Rtject {RI P9t80NAL BBIVICECONSf{pCiS MUS� ANSWOt i11ETOLLOVANO pU65TON5: _PLANNING COMMISSION _GVIL SERVICE COMMISSVON t Me this pera�rm evm wwkM under a eomrec[ fp t1YS departmeM? CIB COMMITTEE _ yE5 Np A STAFF 2. Hae tNs per�oNfirm ever been a<iry emv�oyeel DISTRICT COUNCIL YES NO — — 3. Daes this person%irm poaseas a sltill not normally posanaeE by eny cwrerrt city employeei SUPPORTSWNICHCDUNGLOBJECTIVE7 YES NO 6cWdn tll Ya amwen on se0e�e� Nwat vd atteeh to 9'een �Met. INITIATING Pfl08LEM, ISSUE, OPPORTUNI7Y �Who, Whet When, WMre, VJhy�: Macalester College is willing to provide its athletic track tor use by city youth track programs. Macalester Coflege has a high quality track that the College will make available to City if the City holds the College harmless. '" ADVANTAGES IF APPROVEO: OISAOVANTAGESIFAPPROVE�: ' None � `-�- �`� � -z�� ° � �QES£S�� �e�Su?xgv't? �"annt�'!` OISADVANTAGESIFN�TPPPROVW: tk�HY / 1��;$ �A� � � `�uGd,Q dtresea N a� �:c�'s � .; .. ��x•ct���._. . TOTALAMOUNTOFTRANSACTION � COSTMEVENUEBUDGEf�(CIRCLEOND YFS NO WNqNG SOURCE ACiMTY NUM66t RNANCIAL INF9pMATION: IIXPW W �IAGALESTER COLLEGE AI'ALEIICS� PHYSICAL ED[iCAI'IO\ & RECR&1TI0� SE00 GA�SD f�VE]OE M2}' 4, 1994 S.vsrPaL �Si��FSOia ��o�-iE99 Eric Stokes Groveland Rec. Center 2045 St. Claire Ave. St. Paul, MN 55105 Dear Eric, �9 . �1�13 Tsc:G¢-696-6z67 Fix: 6Si-69663s8 ToLL F�E: 800-763-io3o We are pleased to confirm your request for use of the Macalester College Track, par your conversation with our track coaches. This letter, when signed by authorized representatives of Macalester College (the College) and Macalester-Groveland Track Club (the Sponsor) will constitute an agreement for use of the college facilities by the sponsor's track and field team. The terms of the agreement are as follows: 1. The college will provide its track for use Monday through Friday from 7:OOpm-9:OOpm, April 1- August 1, 1999. Ancillary track eauipment will not be �rovided. 2. Implement throwing should be conducted on the lower practice throwing area. Throwing is not permitted on the upper level football field at anytime. 3. Only pyramid spikes (up to 1/4") are to be used on the track surface. 4. The sponsor will provide a certificate of insurance evidencing liability coverage of $1,000,000 combined limits naming Macalester College immediately as an additional insured. 5. The sponsor accepts responsibility for loss or damage to college facilities as a result of its actions or actions of participants in its program. 6. The sponsor agrees to accept responsibility of the actions of all participants in its group as it relates to personal safety and liability. �. �R��{43 7. Any charges for damage will be billed at the conclusion of the agreement. Bill are due when rendered, the sponsor agrees to pay any legal or collection fees required to collect debts resulting from this agreement. 8. The sponsor agrees to hold Macalester harmless from any third party claims arising from the activities of the sponsor while on the college premises, as evidenced b;�and subject to the limitations in the attached City Council Resolution. The individuals signing this agreement wanant that they may commit their respective organizations to such agreements. Please sign and return one copy to Macalester by April 1, 1999. Sincerely, � �ti. i�,� Mac ester College Athletic Director Agreed: � Signature and D puty Mayor ��. _ e�.� City St. and Rec cc: Martin Peper, Macalester Vanessa Seljeskog, Macalester