03-40Council File # a 3� 40
Green Sheet # � ���
RESOLUTION
Presented By
Referred To
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C `// I �'�'-a-�F SAINT PAUL, MINNESOTA
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Committee: Date
WFIEREAS, Minn. Stat. § 473.608, Subd.(21) requires the metropolitan airports
commission (hereinafter, the "MAC") to establish a joint airport zoning board for Wold-
Chamberlain Field and to operate such a board in compliance with Minn. 3tat. § 360.063; and
WFIEREAS, pursuant to Minn. Stat. § 473.608, Subd.(21), a joint airport zoning board
(hereinafter, the "7AZB") was established and that the JAZB includes the City as a member; and
WHEREAS, pursuant to Minn. Stat. § 360.063, the JAZS, on 7anuary 18, 1984, duly
adopted the "Minneapolis-St. Paul International Airport (Wold-Chamberlain Field) Zoning
Ordinance" (hereinafter the "Ordinance") to govern land use and the permitted height of
structures, vegetation and other potential obstacles in areas proximate to Wold-Chamberlain
Field; and ,
WHEREAS, in connection with the construction of a new runway at Wold-Chamberlain
Field, together with other changes made at Wold-Chamberlain Field since 1984, the JAZB has
studied the present Ordinance and now desires to make certain amendments to the Ordinance;
and
WHEREAS, the proposed amending Ordinance calls for the City to, among other things:
amend its comprehensive plan to bring areas of land affected by the proposed amending
Ordinance under its regulations; to agree that land use decisions within the areas affected by the
proposed amending Ordinance will be made in conformance with the Ordinance; to amend the
City's zoning code by adding language requiring compliance with the Ordinance; to incorporate
the Ordinance as an appendix to the City's zoning code, and; finally, to specially designate a City
employee as the zoning administrator to enforce the provisions of the amended Ordinance; and
WHEREAS governmental agencies comprising the JAZB are willing to make these
amendments to their respective zoning ordinances and comprehensive plans and to administer the
amended Ordinance if the MAC agrees to protect these agencies against possible legal liability
which ma}� arise out of the adzninistraUOn and enforcement of the proposed Ordinance; and
WHEREAS, in exchange for the City's agreement to amend its zoning ordinances and
comprehensive plan, the MAC has agreed to indemnify and hold harmless the City and any City
employee who administers the Ordinance from leDal liability that may arise oue of the
administration and enforcement of the proposed Ordinance; and
�a
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2 WHEREAS, the MAC has prepazed the attached Indemnification and Cooperation
3 Agreement Regazding the Wold-Chamberlain Field Joint Airport Zoning Board and the
4 Minneapolis-Saint Paul International Airport Zoning Ordinance for consideration by the City
5 which recites the details of the Indemnification and Cooperarion Agreement; and
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WHEREAS, staff from the City's deparrment of pianning and economic development
who participated in the creation of the said Agreement recommends that participation in the
JAZB is important and in the best interests of the City and that entering into the said Agreement
with the MAC, as part of participating in the JAZ$, is also in the best interests of the City;
NQW,
TI�REFORE, BE TT RESOLVED, in exchange for the MAC's indemnification of the
City, for matters arising from the administration and enforcement and in connection with City
actions and obligations involving the amended Ordinance and for participating in 7AZB, the
Council of the City of Saint Paul hereby approves the attached Indemnification and Cooperation
Agreement Regarding the Wold-Chamberlain Field Joint Airport Zoning Boazd; and
BE TT FURTfTER RESOLVED that the Council directs the appropriate City officials to
take the necessary steps to enter into and implement the objecrives of the said Agreement.
BI':
Mayor:
By:
RequQ�ted by rtme o£:
�\
By:
Adopted by Council: Date ��j� �3
Adoption �ertified by Counci Secretazy
DEPARTMENT/OFFICElCQUNCIL:
PED
CONTACT PERSON & PAONE:
Allen Lovejoy x6-6576
MUST SE ON COI3NCII, AGENDA BY (DATE)
DATE INTTiATED GREEN SHEET N0.: 204338
December 23,2002 O 3 -V�
� MI1'fAIADATE IN[T[ALlDATE
1 DEPARI'MENT D, 4 CITY COI713CIL
A5SIGN ? CITYATTORNEY 1�3i-�a�— CITYCLEItK
N(JMBER �NANCIAL SERV DIR. FINANCIAL SERV/ACCTG
FOR 3 MAYOR (QR ASST.) _ CMI, SERVICE COMIvIIS
ROU'I'ING
ORDER
TOTAL # OF SIGNA7'[JRE PAGES _1_(CLIP ALL LOCATIONS FOR SIGNAT[JRE}
ncrtoN xEQUes�n. Approve Indetnuification and Cooperafion Agreement regazding the Wold-Chamberlain Field
Joint Airport Zoning Board and the MSP Zoning Ordinance.
RECOMMENDATIONS: Approve (A) or Reject (R)
PLANNING COMMISSION
CIB COMNIITTEE
CIVIL SERVICE COMNIISION
PER50NAL SERVICE CON'LRACTS MUST ANSWEIL THE FOLLOWING
QUESTIONS:
I. Hu this person/SIm ever worked under a conffact for th�s departrnent?
Yes No
2. Has this person(ficm ever been a city employee?
Ye5 No
3. Does [his persoNfirm possess a 5ki11 no[ normally possessed by any curren[ ciTy employee?
Yes No
Ezplaia all yes answers on separate sheet and attach to green s6eet
IMTIATING PROBLEM, ISSUE, OPPORTiJNTTY(Who, What, Wheu, Where, Why)' Iri OTC10I t0 p3Tf1Clp3te lri t110 M�P JOlrit E�1TpOL[
Zoning Boazd process, the participafing cities (Minneapolis, Bloomington, Eagan, Mendota, Mendota Heights,
Richfield, and Saint Paul) and Hennepin County desire to establish indexnnification for individual staff inembers
and the entities they represent on the Joint Zoning Board. The work of the Boazd is to amend the Zoning
Ordinance adopted in 1984 that restricts the height of structures and objects of natural growth and otherwise
regulates the use of properly in the vicinity of MSP. Since all existing development in Saint PauT is grandfathered
in, there is minimal impact on the City's regulations.
anvnNracES iF nrraovEn: City can fully participate in development and 'unplementation of the MAC Zoning Code
around MSP, while having some protection from prosecution.
DISADVANTAGESIFAPPROVED: NOrie
nisnnvaNr.acES � NoT nrrxovEn: Unnecessarily exposes the City to higher liability.
TOTAL AMOUNT OF TRAN5ACTION: $ NA COST/REVENUE RUDGETED: NA
��� {'
FUNDING SOURCE: NA ACTNITY NiJb1BER: NA �'�
V�
FINANCI9L INFORMATION: (EXPLAIlV) NA � egtq@4�
���� � �ttica
oa -yc
CI'I`Y OF SAINT PAUL s90 a� x�i zeze 6si-ze�-sszo
Rand➢ C. KelLy, Mayor IS West Kettogg Boulevard Facstir¢te: 651-22&8513
Satnt Paul, MN 55102
December 30, 2002
Council President Dan Bostrom
and Members of the City Council
Ciry Hall, Third Floor
Saint Pau1, MN 55102
RE: Indemnification Agreement for City Participation in the MSP Joint Zoning Board
Aear Council President Bostrom and Members of the City Counc]l:
The State Legislature mandates that the City participates in the Joint Zoning Board (JZB)
governing land regulations around MSP flirough the M5P Zoning Ordinance. First adopted in
1984, the Metropolitan Airports Commission (MAC) desires to amend the Ordinance and has
convened the JZB. The amended ordinance under consideration "...regulates and restricts the
height of structures and objects of natural growth, and otherwise regulates the use of property in
the vicinity of MSP..." In actuality, all uses in Saint Paul are grandfathered into the ordinance
and it has minimal impact on the use and reuse of land in tha Highland Park area.
However, one issue that remains is that of indemnification, Under the state law, cities must be a
party to the Ordinance and enforce the land use provisions of it. Aowever, adoption of the
ordinance is the power of the MAC, which meant that the cities were liable for actions taken by
another entity. Now, however, MAC has agreed to indemnify the City, thereby protecting the
City and its representatives from legal action stemming from actions of the JZB.
Specifically, the agreement obligates the City to:
— Make available to MAC all books, recards and documents that MAC needs for defense of
any claim for which indemnificafion is sought;
— Cooperate fully with MAC to secure any information or testimony that MAC deterniines
to be relevant to any snch claims;
— Execute all necessary pleadings or other documents in any litigation with respect to such
claims, provided that the Indemnified Party may have counsel of its own to review such
' pleadings; and
— Must not settle or compromise any claim for which MAC has undertaken the City's
defense without prior written consent of MAC.
O 3 •`10
City Council President Bostrom and Members of the City Council
December 30, 2002
Page Two
Attached for your consideration is a draft City Council Resolution and the proposed
Indemnification and Cooperation Agreement with the MAC.
Requested Action: Approve the Resolution allowing the City to enter into the
Indemnification and Cooperation Agreement.
Thank you for your consideration.
Sincerely,
Randy Kelly, Mayor
AA-ADA-BEO Employer
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INDEMNIFICATION AND COOPERATION A+�REEMENT
REGARDING THE WO�D—CHAMBER�A11�i FIELD
JOTNT AIRPORx ZOI�ING BOARD AND TH�
1VIINNEAPOLIS—ST. PAUL IN�'ERNAT`IONAL
AIRI'ORT ZONING ORD�NANCE
This Agzezment is marle this � day of
2002, by and between the
Meuopolitan Airports Commission ("N1AC�> the Cities of Bloomington, Bagan Mendota,
Mendota �Ieights, Minneapolis, Richfield and Saint Paul and the County of Hennepin
(collectively "the Entities") and Mary Hill Smith, an individual ("M- Smith"�.
I2ECITALS
A, The parties to this Agreement are all of the members of the Wold-Claamberlain
Field 7oint Airport Zoning Board ("the JAZB") formed pursuant to the authazity of Minn.
Stat. § 360.063. M. Smith was appointed by the other members as Chair of tt�e Board
puzsuant to the auYhority of Minn. Stat. § 360.063, subd. 3(b)•
B, In 198d the JAZ$ adopted the Minneapodis-St. Paul International Airport
(Wold-Chamberlain Field) Zoning Ordinanee ("the Ordinance") to govern land use and the
permitted height of stsuctures, vegetation and other potential obstacles in areas proxiznate to
ttae Minneapolis-St. �au1 Intemational Airport ("the Airpart") and undez the approach and
degaruue paths for flights to and from the Airport.
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C. Under the provisions of the Ordinance, an employee of each of the Bntities is
designated as the Zoning Administratoz who is responsible for administering and enforcing
the Ordinance for lands located within each respectiae Ensity.
D. In connection with construction of a new runway at the Airport and with otber
changes made at the Airport since 1984, the JAZB is considezing eertain Amendments to the
Ordinance ("the Axnendments'� that, if formally progosed by the JAZB, tnust be appzoved
by the Commissioner of the Minnesota Depaztment of Transportation ("the Com�issioner")
and adopted by the JAZfl before they become effective.
E. If the Amendments are adopted by the JAZB in a form acceptable to MAC,
MAC desizes that each of the Enrities amend its respective comprehensive plan and zoning
code to require compliance with the Ordinanee as amended by the AmendmenCS ("Amended
Ordinance') and to include the Amended Ordinance as an appendix to its zoning code. MAC
also desires tbat an employee of each Entity act as the Zoning Administrator to admanister
and enforce the Amended Ordinance within its respective boundaries.
F. The Entities are willing to amend theiz respecrive comprehensive plans and
zoning codes and to administer and enforce the Amended Ordinance within their respective
boundaries. The Entiues desire, howevez, to be protected against possible legal liability that
may arise from their doing so.
G. M. SzniYh desires to be protected against possibls legal liability that may arise
from serving as Chaiz of the Board, from actions taken by the Boazd and by actions taken by
the Bnrities to amend their respective comprehensive plans and zones codes and to
administer the Amended Ordinance.
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AGREEMEIVT
In consideration of the mutual pramises and consideration set farth herein and other
good and valuable considezation, the receipt and sufficiency of which is hereby
acknowledged, the parties, intending to be legally bound, agree as follows:
1. Adoptian Of Amendments And Effectiveness: Aftez the second public
hearing on the Amendments, the JAZB sha11 send its ptoposed final version of the
Amendments to MAC, The MAC Board of Commissioners shaSl either approve the
proposed final draft or respond by statin.g the changes to the Amendments needed for this
Agzeement to be acceptable to the MAC. If the JAZB changes the Amendments as set forth
by the MAC 13oard of Corrunissioners and adopts the Amendments as changed, and if such
Transaortation this Agreement shall become effective immediately; provided it has been
executed by MAC and the Entities.
2, Tndemnification Of Esstities: In consideration of an Entity's (i) amendment
of its comprehensive plan to sl�ow the areas affected by the Amended Ordinance and to guide
Iand uses in those areas in. conformance with the Amended Ordinance, (ii) amendment of iu
zoning code to incorporate thezein a provision requiring complianee with the Amended
O�dinance and to add thereto as an apgendix the Amended Ordinance and (iii} designation of
one of its employees to act as the Zoning Adzninistrator to administer and enforce the
Amended Ordinance within the Entity's bown daries, MAC agrees that, subject to the other
provisions of this Agreement, it vvjll indemni£y and hold harmless:
a, the Entity;
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b, any person who serves or has ser�ed as the Entity's representative at
meetings of the JAZB; and
c. any officer, employee or agent of the Entity, other than an attorney
employed or retained by the Entity, who may hereaftez be responsible for or
participate in administaring or enforcing the Amended Ordinance within the Entity's
boundaries,
(collectively, "Indemnified Patties" and individually "an Iudemnified Party"} from and
against any and ail Iosses, liabilities, obligatians, costs, expenses, judgments, settlements or
other dam,ages (including reasonable attorneys' fees and expezases and zeasonable costs of
investigating or defending any claim, action, suit or proceeding or of avoiding the same or
the imposition of any }udgment or settlement) suffered by the Indemni�'ied Patty resultixig
from or arising out of any act o�'that Indemnified Party in connection with the considerarion
and adoption of the Ordinance and Amendments by the JAZB the amendm�t of ats
comprehensive plan to show the areas affected by the Amended Ordinance and to guide land
uses in those azeas in conformance with the Amended Ordinance, the amendment of its
zoning code to require compliance with the Amended Ordinance, the incarporarion of the
Amended Ordinance as an appendix to its zoning code and administration or enfozcement of
the Amended Ordinance by the Entity.
3. Zndennnificarion Of M. Smith: In consideration of M. Smith's service as the
Chair of the 7AZB, MAC agrees that, subject to the other provisions of tlus Agreement, it
will indemnify and hold hazmless M. Snnith from and against any and all losses, liabilities,
obligations, costs, expenses, judgments, settlements or other damages (including reasonable
attorneys' fees azad expenses and zeasonable costs of investigating or defending any claim,
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action, suix or proceeding or of avoiding the same or the imposition of any judgment or
settlement) suffered by M_ Sznith resulting from or arising out of any act of M. Smith as
Chair of the 7AZB, in connection with the consideration and adoption of the Ordinance and
Amendments by the SAZB or out of the acts of the �ntities to amend their coznprehensive
plans to shaw the areas affected by the Amended Ordinance and to guide land uses in those
areas in conformance with the Amznded Ordinance, to amend their zoning codes to require
compliance with the Amended Ordinance, to incorporate the Amended Ordinance as an
appendix to their zoning codes or to administer or enforce the Amended Ordinance.
T"herefore, for the putposes of this Agreement, M. Smith shall also be an Indennnified Party.
4. Limitations And Exclusions: MAC will not indemnify an Indemnified Party
with respect to Iiabilities or costs resulring from or arising out of:
a. a failure hy Che Indemnified Party or an official, em;ployea or agent of the
Indemnified Party to follow the procedures established by the Amended Ordinance,
by the comprehensive plan or zoning code o£ the respective Entity or by applicable
state law in performing any act as to which indemnification would otherwise be
availahle woder this Agreement;
b. the gross negligenee or uri11fu1 misconduct of an Indemnified Party or an
official, employee or agent of that Party ia performing any of the acts as to which
indemnifrcation would otherwise be available under this Agreement;
c. actions invol�ing setf-dealing or conflict of interest by the Indemnified
�'arty or an official, employee or agent of that Party; or
d. acrions of any individual(whether oz not that individual is an
Indemnified party) not performed in an official capacity as a representative of the
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Entity of which the individua� is an official, empioyee ar agent and in direct
perforznance of the individual's duties.
5. I�Totice Of Claim: If an Indemnified Party receives notice of a claim or of the
commencement of an action ar proceeding with resQect to which the Patty believes MAC is
required by tisis Agreement to provide indemnification ("Claim'�, the Pariy must give
written notice thereof to MA.0 within 21 cal�ndar days if the Claizn is not asserted in a
formai complaint in a Iega1 proceeding, or within 10 calendaz days if the Claim is asserted in
such a formal complaint {"Notice of Claim"). The failure to give IVorice of Claim within the
time specified in this section shall relieve MAC of its obligarions under this Agreement ze
�.e�� if in MAC's reasonable iud�ment the failure is materiaily pzejudicial to
MAC's ability to negotiate, settle or defend the Claim.
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6. Assumption Or Rejection Of Defense: Within 10 days after receiving a
Notice of Claim in accordance with section 5 of this Agreement, MAC must notify the
Xndemni�ied Party providing tha tTotice of Claim either:
a. tbat MAC will assuzne complete controt of the negotiation, settiement
and defense of the Claim and will be responsible for the entire amount of any costs
incurrad in negotiating, settling and defending the Claim, including any amount
required to be paid in settleznent of the Claim or in satisfaction of a final judgment,
af,ter the conclusion of any appeals, in a lawsuit based on the Claim MAC must also
notify the Indemnified Party of the name and address of the counsel who� it has
assi�ed or retained to p�form MAC's duties under this section. Thereafter, except
�x�ith the consent of the Indemnified Party, MAC zz�ay not enter into any settlemEnt of
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the Ctaim that does not include, as an unconditional term of such settlement, receipt
&ozn the claiznant of an unconditional release to the lndemnified Party fcom aIl
liability with respect to such Claim; or
b. that the Claim is not a claim for wkuch indemnification is required under
this Agreement and that MAC therefore deciiraes to provide indemnification, In such
a case, the Indezzuiified Pariy may itself contro� the negoriation, setttement an;d
defense of the Claim at its own expense and may select counsel of its own choice fot
that puzpose, and MAC must cooperate with the Indemnified party in the respects
described in secrions 7.a, 7.b and 7.c of this Agceement as if MAC were an
Indezrmified Party.
7. Cooperation Of The Xndemnified Party: As a condition of MAC's
ob3igation to indemnify and hold harmless, an Indemnified Party and any Entity with which
an individual Tndemnified Party is associated:
a. inust make available to MAC and iu counsel all of iks books, records and
dacuments that MAC or its counsel determines to be necessary For the defense of any
Claim fox which indemnificarion as sought;
b, must coopexate fully with MA C to secure a:ny informadon or testimony
that 1V1AC or its counsel detezmines to be relevant or material to the Claim;
c. must execute a11 necessary p3eadings or other documen.ts in any litigation
axising out of, or with respect to, any Ciaim when requested to do so by MAC or its
counsel; provided however, that an Indemnified Party may have counsel of its own
choice zevi;ew any such pleadings or documents, gzovided that MAC will not be liable
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for arsy expenses relatin� to an Indemnified Party's consuIting such separate counsel;
and
d. must not settle or compromise any Claim £or which MAC has undertaken
the Indemnified Parry's defeuse without the prior writ�en consent of MAC.
g, Termination Of Indemnification Obligarion: MAC's obligarion to provzde
indemnification pursuant to section 2 of tYus Agreement wi1S temiinate:
a. as to an Entity and any Indsmnified Party associated with that Enaty, if
the Entity, having amended its respective campreheasi�e plan and zoning code as
required by section 2 of this Agreement as a condition of its becozning eligible for
indemnification, thereafter further amends its comprehensive plan or zon'vng code so
as to change znaterially the provisions previously adopted pursuant to section 2 of this
Agreement;
b. as to any Indemnified Party if the Indemnified Party or an Entity with
wtuch an individual Tndemnified Party is associated £aiis to perfarm any of its
obligations under seetion 7 of this Agreeznent and does not correct such faiIure witlun
�9-30 days after being given notice by MAC that MAC wi]I cease to provide
indemnification if the failvse is not corrected;
c. as to any Indemnified Party, if the Indemnified Party or an Entity with
which an individual Tndemnified Party is associated fails to perform its obtigations
under section 5 of this Agreement and if such failure is materiaily prejudicia] to
MAC's abi�ity w negotiate, settle ar defznd the Claim; or
d. as to any Indemnified Pazty, if, after MAC has assumed zesponsibility for
a Claim under section 6.a of this Agreement, MAC or a court or other adjudicating
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entity subsequently determines that the Claim is of a type described in section 43 of
this A�eement, as to which ao indernnification is required, in which case MA.0 must
prornpdy norify the Indemnified Parry that it will no longer provide indemnification.
MAC a�rees to notifv an Indemnified PartXpron�ptiv if MAC determines that onc of
the Limitations or Bxclusiocis in section 4 mav anvlv. In the case of a tenminaiion pursuant
to section 8.d o£this Agreement, MAC shall be zntifled to reimbursement of its costs
incurred pursuant to section 6.a of this Agreement, and upon receipt of an itemized biil for
those costs from MAC, the Indemnified Farty sha11 promptly reimburse N1AC for the billed
coses.
9. Separate Representaeion Of Indeznnsed Party: If an Indemnzfled Party
reasanabiy detecmines that there may be a conflic¢ between the positions of MAC and the
Tndemnified ParCy in connection with the defense of a Claim, or that there znay be legal
defenses auailable to the Indemnified Party different from at in addition to thase being
asserted on its behalf by MAC, counsel fox the Indemnified Party may eonduct, at the
Tndemnified Party's own expense and at no expense to MAC, a defense to the e:ctent that the
Indemnified Party's counsel betieves necessary to protect the Zndemnified Party's interests.
In any event, tk�e Tndemnified Party shall be responsible for all fees and expenses of its
segarate counsel arising &om or selated to the defense of a Claim for which MAC has
assumed responsibility under section b.a o�this Agreement.
10. Resolution Of Disputes Setween Parties: tf a dispute arises between MA.0
and an Indemnified Party concerning either parry's compliance with or obligations under this
Agreement and the parties aze unable to resolve the dispute by negotiation or other procedure
(including mediarion or arbitration) on which the parties may agree at the time, any lawsuit
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arising from the dispute must be filed in the lviinnesota District Court for the �'ourth Judieial
District (Fiennepizz Counry).
il. Notice: Any notice, direction, or instrument to be delivered hezeunder shall be
in writing and sha11 be delivered to the following:
To MAC:
'�o City of Bloomington:
To City of Eagan:
To City of Mendota:
To City of Mendota Heights:
To City of MinneapoIis:
To City of Richfie]d:
To City of Saint Pau1:
To County of Hennepin:
To M. Smith;
Metropolitan Airports Commission
,Attn: Thomas W, Anderson, Esq.
General Counsel
6040 28�' Avenue South
Minneapolis, MN 55450-2774
[Name and address o�zesponsible personJ
[Nam.e and address of responsible personJ
(Name and address o£ responsibie personl
[Name and address of zesponsible person]
(Name and addrass of responsible personj
lName and address of zesponsible personJ
[Name and address of responsible person]
[Na�ne and address of responsible person]
Mary Hill Smith
515 North Ferndale Road
Wayzata, MN 55391
Such notice shall be either (i) personally delivered (including delivery by Federal Express or
other overnight courier service) to the addresses set forth above, in v�hich case it shalt be
deemed delivered on the date oPdelivery to said offices, or (ii) sent by certified U.S. Mail,
retum receipt requested, in which case 9t sha11 be deemed delivered on the date shown on the
receipt unless delivery is refused or delayed b� the addressee, in which event it shalt be
deemed delivered on the 3`� business day following deposit in the U.S. MaiL
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Parties may change eo wRom notice shall be given by gi�ing notice in accordance
with ihzs seciion, provided that no party may require notice to be sent ta more than two
addresses.
Any individual who claitns entitlement to indeznnificarion under this Agreement must
include with the Notice of Claim zequired by section 6 of this ,A$reement the address to
which any notice, directian or instrument under this paragraph shoutd be deli�ered to that
individual.
12. Captions: The secrion headings in this Ageement are far convenience of
reference ozzly and shall not define, limit or prescribe the scope or intent of any provision of
t1�is Agreem,ent.
13. Construetion: The rule of strict construation shall not apply to this
Agreeme»t. The Agreement shall not be inte�preted xn favor of or against either MAC or any
Xndemnified Party mez'ety because of their respective efforts in preparing it.
14.
of Minnesota.
15.
Governing Law: 'I'his Agreement shatl be govemed by the taws of the State
Compfete Agreement; Amendment: Tlus Agreement sets forth the complete
agreement of the parties with respect to its sub}ect matter. It may be amended, modified or
waived as berueen MAC and any lndemnified Party only by a writing signed by both of
them
16. Signatures: This Agreement may be executed in any number of counterparts,
each af which cvhen so executed shall be deemed to be an original, and such ceuiaterparts
together shail constitute and be one and the same instrument. Each signatary below
11
DRAFT Sf33 9/11!/02 �
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represents and warrants that he or she is expressly authorized to ez�ter into this Agreement on
behalf of the Parry for which that person is signing.
Aated:
Dated:
Dated:
Dated:
bV� l 'a 904I '(1N
METROPOLIT'AN AIRPORTS COMMISSION
�y
Its
CITY OF BLOOMINGTON
By
its
CITY OF EAGAN
�
Its
CITY OF MENDOTA HETGTiTS
$y
Its
12
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Waltr�7. ZQ�I,'�l'daC
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Dated:
Dated:
Dated:
Aated:
Dated:
CITX' OF M]NNBAPOLIS
By
Iu
CITY OF RICHF�ELD
By
Tts
CITY OF SAINT PAL7L
By
Its
COUNTY OF HENNEPIN
By
Its
MA�Y HILL SMI'TH
T�wk�*Ym�xagro�.m'umMAG7nZ6 . Indemnidcadan qtrovnm� t����l ➢.77•03.doc
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13
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DRAFT SF3� 9/i l/!02 �
WdZ��l Z007.'ll'd3S
DEPARTMENT OF YLANNING
& ECONOMIC DEVELOPMENT
Marfh¢ G Fuller, Director
CTTY OF SAINT PAUL
Randy C. %eZly, Mayar
25 Wesi Fourth S6eet
Saint Paul, MN 53702
03 -�lo
�
Teiephone: 6�1-266-6655
Facsiinile: 651-228-3314
RECE4VED
►�� u_ � : : ��� �
DATE: December 23, 2002
TO: Martha Fuller
FROM: Allen Lovejoy V�-��
12E:
2.
3.
4.
DEC 3 0 2002
CITY ATTORNEY
Signing of the Indemnification Agreement for the Joint Zoning Board - MSP
Green Sheet
Draft Letter from the Mayor to City Council Members
Draft City Council Resolution on Indemnification
Draft Agreement with MAC on Indemnification
The purpose of this action is to agree to enter into an indemnification agreement with the
Metropolitan Airports Commission to protect the City and its representatives $om legal action
stemming from actions of the MSP 7oint Zoning Board. As a member of the Joint Zoning Board,
the City may otherwise be liable for acrions of the JZB.
The amended ardinance under consideration ".. segulates and restricts the height of structures and
objects of natural growth, and otherwise regulates the use of properiy in the vicinity of MSP..."
In actuality, all uses in Saint Paul are grandfathered 'urto the ardinance and has minimal impact
on the use and reuse of land in the Highland Park area.
The agreement obligates the City to:
— Make available to MAC all books, records and documents that MAC needs for defense of
any claim for which indemvification is sought;
— Cooperate fully with MAC to secure any information or testimony tt�at MAC deter�nines to
be relevant to any such claims;
— Execute all necessary pleadings or other documents in any litigation with respect to such
claims, provided that the Indemnified Party may haee counsel of its own to review such
pleadings; and
oa -yn
Martha Fuller
December 23, 2002
Page Two
— Must not settle or compromise an}� claim for which MAC has undertaken the City's defense
without priar written consent of MAC.
Peter Warner has drafted the attached resolurion for your consideration and initiation.
Action: Sien the attached Resolurion iniriating this action and initial the Green Shee�
AA-ADA-EEO Employer