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02-594o�. - sq � ���Gl�AL Preaented By Referred to RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Committee: Date WHEREAS, The City of Saint Paul, Division ofPazks & Recrearion, provides a variety of special events for youth including track & field meets; and WHEREAS, Saint Paul Pazks & Recreation is in need of space for its growing track & field program; and 5 WHEREAS, Macalester College of Saint Paul owns land at 1600 Grant Avenue which 6 includes an athletic track and the University of St. Thomas owns land at 2115 Sumnut Avenue 7 wluch includes an athle6c track; and 8 WI�REAS, Macalester College and the Universiry of St. Thomas aze willing to give 9 pernvssion for Parks & Recreation to use their field space for the period from April 1, 2002 to 10 August 1, 2002, Monday through Friday from 7:00 p.m. to 9:00 p.m., but wishes to have the City 11 indemnify and hold the College and University harniless from claims related to the City's use of 12 the facilities; and 13 14 15 16 17 Wf�REAS, provision of track & field opportunities serve a legitimate public purpose by serving the youth of the City; and WHEREAS, the e7cpenditure of public funds, which includes the promise of indemnification and defense, for such a purpose will facilitate and allow the City to provide such opporiunities, now therefore, be it 18 RESOLVED, that the City Council of the City of Saint Paut on behalf of the City of Saiirt 19 Paul hereby agrees to defend, indemnify and hold Macalester College and the University of St. 20 Thomas damages it may be required to pay as a result of suits, claims, actions, or judgments 21 arising out of the use of Macalester's athletic track at 1600 Crrand Avenue and St. Thomas' 22 athletic track at 2115 Summit Avenue, which are attn`butable to the negligent act or omission by 23 the City of Saint Paul, its employees, agents or contractors. Green Sheet # � � � L /� ( �4 Page 1 of 2 oa.-s qy �RIGI�IAL Presented By Referred to Green Sheet # Committee: Date 24 25 26 27 28 29 30 F[JRTF�R RESOLVED, that this indemnification does not include: 1) injuries or damages arising from hidden traps or dangerous condirions of the facilities and track itself as to which the College and University had actuat or constructive norice; and 2) damages or injuries arising out of occurrences or events which are not part of the authorized use of the premises or which do not take place on the premises during the period of time use is authorized. Furthermore, nothing in the foregoing provisions shall be construed as a waiver of the municipai tort liability limits and defenses set forth in Minn. Stat. 466.01 et. seq. Requeated by: Divieion of Barks and Recreation �By° 6��_`-1-�' , � �45�^.t�c.� Form Approved by City Attorney BY � ! �o,1iu,✓�- �J �', �.il�-�...�, Approved Mayor for Subm' sion Counci By: Page 2 of 2 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Adopted by Council: Date ���,_���a p� Adoption Certified by Council Secre ary DBARIMENT/OFRCEICOUNQL Parks and Recreation oa-Sq NO. 200439 CONTACT P6iSON AND PHONE IN171AL/D E INITAL/DATE Vince Gillespie 266-6408 � D@MTMFNTDIRECTWi 4 ancouNa� A59GN M1MBHi Z G7YATfOflNEY _CITYGL6YC MUST BE ON COUNQL AGFNDA BY mATEI R ��' pqpEp _RNANpAL3QiNCESOifL _ � 3 xuron �on nss�srnnn � Parks & Recrestion TOTAL i OF SGNATURE PAGES � (CIIV e� � ACTION PEQVEST�: Approval of resolution holding Macalester College and University ot St. Thomas hartnless for City's use of the College's and University's athletic uacks. RECOMMFNDATONS: Approve W x Rejee[ W _PLANNINGCOMMISSION _CIVILSERVICECOMMI590N d8 COMMITTEE _ A SfAFF DISTWQ COUNCI� SUPPORTS WHICH COUNCIL OBJECTIVE? INITIATING PfiOBIEM, ISSUE, OPPORTUNITY M/ho, What, WFen, Wherc, Whyl: PHi80NAL 7. Hr tlYS parsoNfirm ever worketl uMer � cm�tr+ct fa thro deprtnwM7 VE$ NO 2. H» tM PaOONIVm evm been � cry emqoyaei YES NO 3. Dow tlw pers�rm pasroee a tkill mt �wrmYlY P� bY r%��� �Y �WWat VES NO B�qtln aN yr emwm m�eV�eV �Iwt rtl emeh m Y�+� Yrt Macalester College and the University of St. Thomas a�e willing to provide their athletic track for use by city youth track program. Macalester Coliege and the University of St. Thomas have high quality tracks that the College and University will make available to City ff the City holds the College and University harmless. ADVANTAGES IF APPROVED: DATEINITIATm � GREEN SHEET 6-19-02 �, f- �t�-�� u`� � �0�`� @ n mm-a t4d' � a �s m.m em ,iE�N �' LGUZ �!�"�' .�,�����!�� OISADVANTA6ES IF APPROVED: None OISADVANTAGES If NOT APPfiOVfD: TOTALAMOUNTOFTRANSACTION S iUNqNO SOUNCE COSTAiEVBiUEBUDOEfmfCIXWEONq YFS NO ncmnn xunneei RNANCIALINFORMATION: �E%PWN)