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246477 • ORIGINAL TO CITY CLERK 2464'7'� , - ' ' CITY OF ST. PAUL FOE NCIL NO. OFFICE OF THE CITY CLERK COUNCIL SOLUTIO GENERAL FORM PRESENTED BY Victor J. Tedesco . COMMISSIONE DATF RESOLVED, by the Council of the City of Saint Paul that the proper City officers are authorized and directed to enter into and execute that certain agreement between the 3M Club of St. Paul, Inc., a non-profit corporation, and the City of Saint Paul pertaining to sports car races commencing not soaner than 12:00 A.M., February 7, 1970, and terminating by 12:00 P.M., February 8, 1970, which will be conducted on the portion of I�ake Phalen within the City limits as part of The Winter Sports Show during the Saint Paul Winter Carnival subject to the compliance of the 3M Club of St. Paul� Inc., with the insurance conditions therein required. DEC 2 1969 COUNCILMEN Adopted by the Council � 19— Yeas Nays [��C � 1969 Carlson �� pproved 19— Meredith Tn Favor Peterson ' Mayor Sprafka � �) A gainst Tedesco Mr. President, Byrne PU�LISHE� ��C 6 1969 0 DUP'�-1CATF TG PRINTER �L�����1 r0.� CITY OF ST. PAUL �OENCIL NO. OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY Victor J• �.'G'C�E:SCO COMMISSIONER DATF P+�SOI;U�;li, by the Council of the City of Saint Paul i;hat �;ha proper City officers are authorized and directed to enter into as�.d execute that certain a�reement beti�een �:he 3M Club of St, Paul, Inc., a non-profit corporatian, and the City of Saint i'au1 pertaining to sports car races commencin� not sooner tl�n 12:00 r�.I�i., rebruary �, 1�7�, and terminating by 1?:00 P.,t. , i�ebruary $, .1970, �r�ich -:i11 be conductecl on the �ortion of Lake L'halen u�ithin the Ci�;y limits as �;rt af �'he '�Jinter ,�ports �:iY20Nt durin� thc ,�aint F'aul ��dint�r C«rnivc�.l subject to the compliance of the 3r7 club of St. Pau1, .Ine., with t��ti insu.rance conditions th�rein require�. Adopted by the Council ~ � ``� ��'t9— COUNCILMEN ����� ��` ��°'�" Yeas Nays {�,�,-,;., � , � . � � ^ Carlson M��,_:.; -... ,,,,,_,:,.,� APProved 19— <-n��K����� Meredith __jn Favor Peterson -- Mayor Sprafka `�; A gainst Tedesco Mr. President, Byrne � -- .- � � , G � . � z�� Y �� . , A G R E E M E N T THIS AGREEMENT, Made this � day of ► 1969, by and between THE CITY OF SAINT PAUL, a municipal corporation, hereinafter referred to as CITY, and 3M CLUB OF ST. PAUL, INC. , a non-profit corporation organized and existing under Chapter 550 of the Minnesota Statutes, hereinafter referred to as 3M CLUB. W I T N E S S E T H WHEREAS, the CITY is a municipal corporation duly organized and existing under the laws of the State of Minnesota, with lawful power and authority to enter into this agreement by and through its duly authorized representatives; and WHEREAS, each winter in said CITY the Saint Paul Winter Carnival Association, Inc. sponsors festivities collectively referred to as "The Saint Paul Winter Carnival" ; and WHEREAS, said Carnival includes, among other festivities, many winter sporting events, collectively referred to as The Winter Sports Show; and WHEREAS, 3M CLUB, through its member club, 3M Sports Car Club, desires to sponsor sports car races as an event during the 1970 Winter Sports Show, and to conduct said sports car races on � the frozen surface of Lake Phalen, a lake part of which is within the municipal limits of CITY; and WHEREAS, in order lawfully to conduct said sports car races on said Lake Phalen the 3M CLUB desires that CSTY grant to 3M CLUB the use of said lake for said purpose; NOW, THEREFORE, the CITY and 3M CLUB agree as follows: • � , ` e ARTICLE I. CITY hereby permits 3M CLUB to occupy and to use that part of the entire ice surface of Lake Phalen which is within the municipal limits of CITY for the purpose of sponsoring and conducting sports car races thereon, such right including that of ingress and egress to said' Lake for said purpose. ' ARTICLE II. . In the event that said races are held, 3M CLUB agrees to do the following in connection therewith: A) To provide all labor and equipment necessary to � prepare the Lake for said races, including the plowing and laying-out of the race track; B) To provide labor sufficient to supervise and to control properly the orderly operation of the activities at said Lake incident to said races; C) To provide labor sufficient to clean up said race area at the end of the period covered by this Agreement; D) To provide, maintain, service and keep in suitable operation, at its sole expense, portable toilets ^' su£ficient to accommodate the participants in said races, their assistants, mechanics and other per- sonnel and employees and the spectators; -2- • . . • E) To use its best efforts to allow only the following persons and vehicles to be present on the surface o£ said Lake within the CITY limits during said races: (1) Those persons actually participating in the races, their mechanics, assistants, employees and agents; (2) Members and agents of the 3M CLUB who are conducting the operation of the races or who are working to enforce the provisions of this Agreement; (3) Employees and agents of CITY; (4) Third parties who have been hired to enforce the provisions of this Agreement or who have volunteered their time and efforts for such purpose; (5) Third party sponsors of the races who are contributing money, trophies, prizes, ad- vertising, promotional materials or manpower to the successful completion of said races; (6) Motorized vehicles actually participating in said races, tow trucks, sound vehicles, � ambulances and crowd-control vehicles. F) To use its best efforts to prevent all persons and/or vehicles not included in Section E of this Article -3- - � ^ a from entering for any purpose the affected area of said Lake during said races. ARTICLE III. The use permitted by this Agreement shall commence not saoner than 12 :00 A.M. , Februarv 7, 1970, and shall terminate by 12 :00 P.M. , February 8, 1970 . ARTICLE IV. 3M CLUB, its successors and assigns, agree to indemnify and hold harmless CITY, its agents, officers and employees from any and all claims, suits, actions or judgments resulting from the conduct of said races, their preparations, the actions of persons referred to in Article II, Sections E and F, and the activities covered by this Agreement. ARTICLE V. 3M CLUB agrees to provide liability insurance, including the CITY as a named insured, to the following extent: $250,000 for any and all personal injuries suffered by any person; $500,000 for any and all personal injuries for each occurrence; and $100,000 for any and all property damage for each occurrence; provided, however, that said personal injury and said property damage arise ^� out of or result from the conduct of said races, the preparations � for said races, the actions of the participants, mechanics, employees and spectators at said Lake, or the activities sponsored by 3M CLUB. -4- , � .. � The form of said insurance shall be approved by the Corporation Counsel of CITY. IN WITNESS WFiEREOF, The parties hereto have hereunto set their hands and seals the day and year first above written. Witnessed by: 3M CLUB OF ST. PAUL, INC. � � ��j� � ) By ���� ��-v,%,� i' "/����_- �Gn?r��'� - � Witnessed by: THE CITY OF SAINT PAUL By � , ^ -5- � � ., . ,. STATE OF MINNESOTA ) , ) ss. COUNTY OF RAMSEY ) On this day of , 1969, before me, a Notary Public within and for said County, personally appeared , to me personally known, who, being by me duly sworn did say that he is the of the Corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said Corporation, and that said instrument was signed anc3 sealed in behalf of said Corporation by authority of its Boara of and said acknowledged said instrument to be the free act and cieed of said Corporation. Notary Public, Ramsey County, Minn. My commission expires THE CITY OF SAINT PAUL By Approved as to form Mayor � City Clerk Assistant Corporation Counsel r Commissioner of Parks, � � Recreation & Public Buildings Countersigned City Comptroller Approved as to form and execution this _ c]ay of � 1969. Assistant Corporation Counsel �6r . . ... .:�.., . r . . .. . . . . _ -...�_.,......... _ _. . .. .__..... _ . . ' �.