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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