03-293��l�i����
Council File # �.� ��q3
Green Sheet # �035��
Presented By
Referred to
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
�G
Committee: Date
1 WHEREAS, the City of Saint Paul has an agreement with the Saint Paul Saints Baseball
2 Team to play their 2003 home games at the City's NTidway Stadium; and
3
4 WHEREAS, the City of Saint Paul operates the parking at the Midway Stadium, where
5 the Saint Paul Saints will play up to fifty (50) home games during the 2002 Northern League
6 season as well as schedule other events; and
7
8 WHEREAS, the Saints may schedule other events at the Stadium; and
l0
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
WHEREAS, the City receives income from the parking of vehicles at these events, and
WHEREAS, the Midway Stadium site lacks a sufficient number of parking spaces to
house all visitors for Saint Paul Saints events; and
WHEREAS, the 1930 E.P.D. Corporation owns the property located at 1930 Energy
Park Drive which has a parking lot located within walking distance of the Midway Stadium; and
WfIEREAS, the 1930 E.P.D. Corporation is willing to allow the City to use its parking lot
for overflow parking for Saint Paul Saints home games during the 2003 Northern Leagues season
as well as other events scheduled by the Saints and agreed to by the City, but on the condition
that it be indemnified and held harmless from damages and claims arising out of the use of the
parking lot for that purpose; now therefor be it
RESOLVED that the Council of the City of Saint Paul hereby finds that the
indemnification of 1930 E.P.D. Corporation for the use of its parking lot at 193Q Energy Park
Drive serves a valid and legitimate public purpose; and be it
2 8 FURTI�R RESOLVED, that the Council of the City of Saint Paul hereby agrees to
2 9 defend, indemcrify and hold the 1930 E.P.D. Corporation hannless from any and all damages it
3 0 may be required to pay as a result of suits, clauns, actions or judgemerifs arising out of the use of
31 the 1930 Energy Pazk Drive pazking lot as a parking site for the Saint Paul Saints home games
32 and approved events during the 2003 season; and let it be
33
34
35
36
37
38
39
40
41
42
43
44
���GI�A�.
03 • �q3
FIJRTI�R RESOLVED, that the foregoing defense and indemnification does not cover
1) any occurrences or events which do not take place during the use ofthe 1930 Energy Park
Drive parldng lot for a Saint Paul Saints home game or approved event; or 2) injuries or damages
arising from hidden traps or dangerous conditions of the 1930 Energy Park Drive parking lot as to
which the 1930 E.P.D. Corporation had actual or constructive notice; and be it
F'i7RTf�R RESOLVED, that nothing in the foregoang provisions shall be constnxed as a
waiver of the municipal tort liability limits set forth in NTinn. Stat. §466 et seq.
� Yeas Nays Absent
il Benanav I� I� �I ✓ ��
�� Blakey �� �I ��
II Bostrom �I_��� �� (�
I� Co2eman_�� ✓ �� �I (�
Harris --�
I� Lantry �� ✓ �I �� ��
Reiter 5 Q �
Adopted by Council: Date � aDt��
Certified by Council Secretary
By
Appiove�d/by/Mayor: Date
.
By:
Requested by Department of:
Park and Recxeation
��
By �Cy —
Form Approved by City Attorney
✓
DEPARTMENT/OFFICE�WNCIL °^��N�^�° GREEN SHEET �S � NO 203567
Parks and Recreation , s/11/o3
CONTACTPEfl90NANDP1i0NE IN(71.4fAA7E INRIALNA7E O� �a�
Bob Klepperich 651-64E1679 1 DEPAFifMENfDIRECrIX'+ i� 4 crrvcourxi�
UMBESi Z CfiYATTIXiNEV 5 CfiYCLERK
MUST BE ON COUNqLAOENDA BV (DA'fE) UIING
qppt BUDGETDIREGTOFi FlNANCW_SERVICESDIR.
3 ennvoa�oraass�srnrrn 6 rancsar�aooctia.
TOTAL40FSIGNqiUpEPAGES 1 (CIIPALLLOCATIONSFOIiSIGNATUR�
pCfIIXJ REQUESTEO:
Adoption of the attached resolution by the City Council.
RECOMMENDATIdJS ApprwelA)orReject(Fi) PERSONALSERVICECONfRACTSMUSTANSWERTHEFOLLOWING�UESTIONS:
PIAf3NINQGOhkMSSIdJ CIVILSERVIGECAAIEAISSION 7, HasUiilsperso�rtne�erwo�lcedunderacartlractiorth'sdepartmeriYt
CIBCOMMfI'TEE YES NO
A STAFF 2 Hes ihis perso�rtn e�xr bren a city employee?
� YES NO
_�DISiRICT COUNCIL _ 3. Does this persoMirtn poaseas a sWll rai rwrtnalty p�sessed by am/ curterR cily employee7
SUPPORTSWHICNCWNCILOBJECIIVE? VES NO
Explein WI yes erciwers on sepereteshxt end etteeh l0 9� ahe¢�.
INRIP.TNG PROBLEM, ISSUE, OPPORTLNrtV (WFw, What, When, Where, Why).
The City wishes to enter into an agreement with 1930 EPD Corporation to use part of their parking lot area for
parking for Saint Paul Saints home games and stadium events in 2003. Paragraph 8 of said agreement calls for the City to
defend, indemnify and hold harmless 1930 EPD Corporation for the use of their lot.
t9�' x,�'.�.�
f :^ an'sa=:i'wre
ADVAMAGESIFAPPROVED:
Revenue for the Ciry and additional convenient parking for the publia f`�r'� ;�� � LQ�1�
DISADVAMAGES IF APPROVED: �
N/A �.�a ,. �CC�I CB�3�28'
�?;,� � � 7� �
DISADVANlAGES IF NOTAPPROVED:
Loss of revenue and parking spaces making it extremely difficult for the public to park for Saints and Stadium events.
rora�nmourrroF�.NSacnoN Net revenue of approximatelv $15,000.00 COSLREVENUEBUDGETED(GIflGLEON� VES NO
FlINDINCSOURCE Soecial Services Fund 334 - Stadium ACTIVITYNUMBER 33182
FlNANCIqLINFORMATION: (DCPLAIN)
The City collects $5.00 per car parked and pays 1930 EPD Corporation $100 per date used at the end of the 2003 season.
._ ;
LICENSE AGREEMENT ��'���
ON THIS day of March, 2003, an Agreement is hereby made and entered
into between the CITY OF SAINT PAUL, a municipal corporation of the State of
Minnesata, hereinafter referred to as "City" and the 1930 E.P.D, Corporation, a
Minnesota corporation, hereinafter referred to as "E.P.D." on the following terms and
conditions:
WITNESSETH:
Site: E.P.D. agrees to license to the City, the use of its parking lot located north
and east of its warehouse building at 1930 Energy Park Drive, St. Paul,
Minnesota, for their use for vehicle parking for Saint Paul Saints games and
events during the 2003 season. The game dates are on the 2003 Saints season
schedule, Attachment A to this agreement. The dates of events shall be agreed
upon by the City and E.P.D..
2. Control of Lot: The City shall have the right, upon the execution of this
agreement by it and E.P.D., to control ingress and to egress from said parking
lot area effective from three (3) hours prior to the start of, until one and one haff
(11/2) hours after the completion of each game or event, for the purpose of
parking spectator vehicles.
3. Staffina: The City will provide sufficient staff to control ingress, egress and
orderly parking for each game.
4. Taifgatinq: IVo parking patron shall cook food or consume alcoholic beverages
in said parking lot while it is under control of the City.
5. Trash Removal: The City shall remove and shall be responsible for the removal
of all trash and other debris generated by said vehicle parking for each game;
said trash/debris shall be removed by 9:00 p.m., the same day of an afternoon
game or event, and by 10:00 a.m. on the day following an evening game or
event. Additionally, in the event that any vehicle remains in the E.P.D. parking
area for twenty-four (24) hours after the start of a Saints Baseball game or event,
the City shall, at the request of and at no cost to E.P.D., have the vehicle towed
from the parking lot area.
6. Parking Charae: The City may charge each parking lot patron vehicie a fee of
$5.00 to park in the E.P.D. lot.
7. Pavment: The City agrees to pay E.P.D. $100.00 per date that said parking lot
is used by the City for Saints event parking to:
1930 E.P.D. Corporation
Go Mr. Gary Lidstone
C.B. Richard Ellis
7760 France Avenue South #770
Edina, MN 55435
. .
Payment shall be based on the total number of dates the E.P.D. lot area is O'! -� i3
used, upon completion of the season.
8. Hold Harmless: The City hereby agrees to defiend, indemnifiy and hold
harmless, E.P.D from all damages it may be required to pay as a result of suits,
claims, actions and judgements in connection with the City's use or occupancy
of the parking lot or other parts of the premises commonly known as 1930
Energy Park Drive, St. Paul, Minnesota ("Parking LoY'), by reason of any act of
negligence or omission by the City of Saint Paul, its, contractors, agents or
employees, to the extent and as set forth in the resolution adopted by the St.
Paul City Council.
9. Aqreement Amendment: At the execution of this Agreement, a portion of the
premises described in Paragraph 1 is vacant. Should E.P.D. secure a tenant or
sell the property during its term, this Agreement may be amended or ended by
E.P.D. by giving the City 30 days written notice.
IN WITNESSETH WHEREOF, the parties hereto, by their signatures below,
hereby agree to the terms and conditions set forth above as of the day and year first
above written.
FpRM APPROVED:
Assistant City Attorney
193Q E.P.D. Corporation
G:�SP\Remote\Stadium\WP18obWgreemeMs\EPD Corp Saints Parldng.wpd
CITY OF SAINT PAUL:
Director of Parks and Recreation
Qirector of Financial Services
2
03I63I2663 16:42 6516038839 MIDWAY STADIUM PAGE 02
O'b -3,3
ATTACHMENT A
2003 St. Paul Suints Schcdnle
(Homc 6arnes in Bold
Fri., May 16
Sat, May 77
Fareo-Moorhead
Sloux Falts
Times tuitative)
Exhibition Seaaon
T:OS p.m. Sun., May 18
�:05 p.m. Tue., May 20
Regular Season
Fri., May 23
Sat., May ?f{
Sun., May 25
Mon., May 26
Tue., May 27
Wed., May 28
Thu., May 29
Fri., May 30
Sat., IUay 31
Sun., June 1
Mon., June 2
Tue., June 3
Wed., June 4
Frl., June 6
Sat., June 7
Sun., June 8
Mon., June 9
Tue., June 10
Wed., June 11
Fri., June 13
Sat., June 14
Sun., June 15
Mon., July 16
Tue., July 17
Wed., July 16
ThU., July 19
Fri., June 20
Sat., June 21
Sun., June 22
Mon., June 23
Tue., June 24
Wed., June 25
Thu., June 26
Fri., June 27
Sat., June 28
Sun., June 29
Tue., Juty 1
Wed.. July 2
Thu., July 3
Fri., July 4
Sat., July 5
Sun., July 6
Tue., July 8
Wed., July 9
Thu., July 10
Kansas City
Kansas City
Kansas City
at Sioux City
at Sioux Clty
at Sioux Cfty
at Sioux City
at Wlnnipeg
at Winnipeg
at Winnipeg
atFargo-Moorhead
at FargaMoorhead
at Fargo-Moorhead
Schaumburg
Schaumburg
Schaumburg
Jollet
Joliet
Jollet
at Sioux Fa11s
at Sioux Falls
at Sioux Falls
FarBo-Moorhead
Fargo-Moorhead
Fargo-Moorhead
at Winnipeg
at Winnipeg
at Winnlpeg
at Winnipeg
SiouX Clty
Slowc City
Sioux City
Sloux Fails
Sloux Falls
Sioux FaBa
3loux Falls
Lincoln
Llncoln
l.incoln
at Kansas City
at Kansas City
at Kansas Ciry
Wlnnlpeg
Winnipeg
Wlnnipeg
7:05 p.m.
7:05 p.m.
1:Q3 p.m.
7:05 p,m.
7:05 p.m.
7:05 p.m.
�:05 p.m.
7:05 p.m.
7:05 p.m.
1:35 p.m.
7:05 p.m.
7:05 p.m.
12:05 p.m.
7:05 p.m.
7;05 p.m.
1:08 p.m.
7:05 p.m.
7:05 p.m.
1:05 p.m.
7:05 p.m.
7:05 p.m.
TBA
7:05 p.m.
7:05 p.m.
7:OS p.m.
7:05 p.m.
7:05 p.m,
7:05 p.m.
1:35 p.m.
T:OS p.m,
7:05 p.m.
7:05 p.m.
7:05 p.m.
7:05 p.m,
7:05 p,m,
1:05 p.m.
7:05 p.m.
7:05 p.m.
T:05 p.m.
7�05 p.m.
7:05 p.m.
1:05 p.m.
7:05 p.m.
7:05 p.m.
7:05 p.m,
fri., July 11
Sat., July 12
Sun., July 13
Mon., July 14
Tue„ July 15
Wed., July 18
Thu., July '17
Fri., July 18
Sat., July 19
Sun., July 20
Thu., July 24
Fri., July 25
Sat., July 26
Sun., July 27
Mon., July 28
Tue., June 29
Wed., July 30
Fri., Aug. 1
3at., Aug, 2
Sun., Aug. 3
Tue., Aug. 5
Wed., Aug. 6
Thu.. Aug. 7
Frf., Aug. 8
Sat., Aug. 9
Sun., pug. 10
Mon., Aug. 11
Tue., Aug. 12
Wed., Aug. 13
Thu., Aug. 14
Fri., Aug.15
Sat., Aup. 16
Sun., Aug. 1T
Mon., Aug. 18
Tue., Aug. 19
Wed., Aug. 20
Fri., Aug. 22
Sat., Aug. 23
Sun., Aug. 24
Tue.. Aug. 26
Wed.. Aug. 27
Thu., Aug. 28
Frf., Aug, 29
Sat., Aug. 30
3un., Aug. 31
Sioux Falis at Marshall, MN 2:05 p.m.
at Fargo-Moorhead 7:05 p.m.
at Schaumburg
at Scl�aumburg
at Schaumburg
Gary
Gary
Gary
C3ary
at Wlnnipeg
at Winnipag
at Winnipeg
at Joliet
at Jolfet
at Joliet
at Joliet
at Gary
et Gary
at Gary
Joliet
JoI1Bt
Joliet
at Lincoln
at Lincoln
at Lincoln
Schaumburg
Schaumburg
Schaumbu►g
Winnipeg
Winnlpeg
�nnipeg
Winnipeg
Joliet
Joliet
Joliet
at Gary
at Gary
at Gary
at Joliet
at Jo14et
at Joliet
at Schaumburg
at Schaumburg
at Schaumburg
G8ry
Gary
Gary
7:05 p.m.
6:20 p.m.
1:05 p_m.
7:05 p_m.
7:05 p.m.
7:05 p.m.
7:05 p.m.
7:05 p.m.
7:05 p.m.
1:35 p.m.
7:05 p.m.
7:05 p.m.
7:05 p.m.
6:05 p.m,
7:05 p.m.
7:05 p.m.
7:05 p.m.
7:05 p.m.
7:05 p.m.
1:05 p.m.
7:05 p.m.
7:05 p.m.
7:05 p.m.
7:05 p.m.
7:05 p.m.
1:05 p.m.
7:05 p.m.
7:05 p.m.
7:05 p.m.
7:05 p.m.
7:05 p.m.
7:05 p.m.
1:05 p.m.
7:05 p.m.
7:05 p.m.
7:05 p.m.
7:Q5 p.m.
7:05 p.m.
6:05 p.m.
7:05 p.m.
7:05 p.m.
7:05 p.m.
7:05 p.m.
7:05 p.m.
1:05 p.m.
Northern League pllStar Game July 22 at L(ncoln, NE