02-1013�
Return copy to:
Real Estate Division
140 City Hall
Presented By
Referred To
Comxnittee: Date
��
� WHEREAS, the City of Saint Paul authorized the sale of Town Square Park ("propert}�')to Michael Wong, dba
z Town Square Garden, Inc., on August 28,2002, as part of Council File No. 02-794; and
WHEREAS, Town Square Garden, Inc. wishes to have the City indemnafy and hold it hannless from
claims relating to the City's possession and ownership of the property; and
� WHEREAS, the City seeks a mutual indemnity from Michael Wong as an individual and Town Square
s Garden, Inc., where Michael Wong and Town Square Gazden, Inc. agree to indemnify and hold the City
9 hannless from claims relating to Town Squaze Garden, Inc.'s possession and ownership of the property as tenant
to or owner; and
�i
iz WHEREAS, the expenditure of public funds, which includes the promise of indemnification and
is defense, for such a property will facilitate the transfer of the property and contribute to future economic
ia development at the property; now therefore be it
�s
t6 RESOLVED, that the City Council directs the proper city officials to enter into a mutual indemnification
n agreement with Michael Wong and Town Square Garden, Inc., a copy ofwhich is attached and incorparated
is herein by reference.
RESOLUTION
CITY OF SAIH� PAUL,.MINN
Council File # e�,—,��3
Green Sheet # 11154y
o -�
T.M.S./REAL ESTATE DIVISION Date: �p 23 l��L_ Green Sheet Number: 111544
on[ac[ Person and Phone Number: � 2 EP.\RTbIENC DIREC'IOR 5 CTIY CO[JNCIL
I Dave Nelson 266-8860 �
1 1 ATIOILVEY CITY CLERK
UDGET DIRECLOR FFICE OF FPiAYCL4L SVCS.
iust be on CONSENT Council Agenda by: 1 O/30�04 3� 11YOR(ORASSIS[A.�"n 4 COU�ICIL RESEARCH
OTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCAT[ONS FOR SIGNA'I'URE)
4CTION REQUESTED:
Mutual Indemnification a reement between the City of Saint Paul and Town S uare Garden, Inc.
CObi�IENDA7IONS:APPROVE(A)ORREJECI(R) ERSONALSERVICECOYTRACTSMUSTANSWERTHEFOLLONING:
1. Has the person/firm ever worked under a con[ract for this departmen[? YES NO
PL.1NF[YGCOMM1IISSIOV A SiAFF
. Has this person/firm ever been a City empioyee? YES NO
CIVIL SE6VICE CONDfISSION
. Dces this person7�irm possess a skSll not no�mally possessed by any YES NO
cvrren[ City employee?
CIB WhIMITfEE
Ex lain all YES answers on a se arate sheet and attach.
UPPORTSNHTCH COUNCIL OBJECTIVE?
COUNC[L WARD(S) 2 DISTRICT PLANNING COUNCIL 1']
INITIATING PROBLEilI, ISSUE, OPPORTUMTY (Who, Wha[, �Vhen, Where, Why?):
As part of the sale of Town Square Park, the Buyer and Seller agree to be responsible for their own actions.
9DVANTAGESIFAPPROVED:
Clarifies the legal responsibilities of the buyer and seller.
ISADVANTAGES IF APPROVED:
None
DISADVANTAGES IF YOT APPROVED:
Could create an unnecessary need to defend itself of possible litigat►on.
OTAL Ab[OIJrT OF'CRANSACTION: COST/REVENUE BUDGETED (CIRCLE ONE) YES NO
UNDING SOURCE: ACTIVITY NUbIBER:
FINANCIAL INFORDZ4TION:(EXPLAIV) �
�°_ �a�,^E7 s'r^?aF
i�.: .. .. �!t"s�
03.-�0\�
MiJTUAL INDENINITY AGREENIENT
This Muhxal Indemnity Agreement is made between the City of Saint Paul (hereinafter
"Seller") and Michael Wong, individually, and Town Square Garden, Incorporated (hereinafter
"Buyer").
In consideration for the sale of the certain real estate as described in E�ibit "A" attached
hereto (hereinafter "the Real Propert}�'), Seiler shall indemnify, defend and save Buyer hannless
of and from any and all actions by any person in contract, tort, or othenvise to recover damages
for any injury to property, real or personal, which came into existence during and due to the
Seller's possession and/or ownership of the Real Property being conveyed by the Seller to the
Buyer. Buyer shall indemnify, defend and save Seller harmless of and from any and all actions
by any person in contract, tort, or otherwise to recover damages for any injury to properiy, reai or
personal, which came into existence during and due to the Buyer's possession and/or ownership,
as tenant or owner, of the Real Property being conveyed by the Seller to the Buyer.
SEI�LER C Y OF SAINT PAUL
ayor
City Clerk
��\ �
Director of Financia1 Services
City Attorney as to form
BUYER MICHAEL WONG DBA TOWN
SQUARE GARDEN, Inc
ITS