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04-476Council File # 0 7 7�(� Green Sheet # ��� RESOLUTION CITY OF SAINT PAUL, MINNESOTA /o Presented By Referxed to Committee: Date WHEREAS, the City of Saint Paul has an agreement with the Saint Paul Saints Baseball Team to play their 2004 home games at the City's Midway Stadium; and 3 4 WHEREAS, the Ciry of Saint Paul operates the parldng at the Midway Stadium, where 5 the Saint Paul Saints will play up to fifty (50) home games during the 2004 Northern League 6 season as well as schedule other events; and 7 8 WHEREAS, the Saints may schedule other events at the Stadium; and 9 10 11 12 13 14 15 16 17 WHEREAS, the City receives income from the pazking of vehicles at these events, and WFIEREAS, the Midway Stadium site lacks a sufficient number of parking spaces to house all visitors for Saint Paui Saints events; and WHEREAS, the 1930 E.P.D. Corporarion owns the property located at 1930 Energy Park Drive which has a parking lot located within walking distance of the Nlidway Stadium; and 18 WI�REAS, the 1930 E.P.D. Coiporation is willing to allow the City to use its parl�ng lot 19 for overflow parking for Saint Paul Saints home games on Sundays and Mondays during the 2004 2 0 Northern Leagues season as well as other evems scheduled by the Sa"urts and agreed to by the Z 1 City, but on the condition that it be indemnified and held harmless from dPmages and claims 22 arising out of the use of the parking lot for that purpose; now therefor be it 23 24 25 26 27 RESOLVED that the Council of the City of Saint Paul hereby finds that the indemnification of 1930 E.P.D. Coiporation for the use of its parking lot at 1930 Energy Park Drive serves a valid and legitimate public purpose; and be it 2 8 FLTRTf�R RESOLVED, that the Council of the City of Saint Paul hereby agrees to 2 9 defend, indemnify and hold the 1930 E.P.D. Corporation harmless from any and all damages it 3 0 may be required to pay as a result of suits, claims, actions or judgements arising out of the use of 31 the 1930 Energy Park Drive parking lot as a parking site for the Saint Paul Saints home games 32 and approved events during the 2004 season; and let it be 33 34 35 36 37 oN-�f7� 38 39 40 41 42 43 44 FIJRTHER RESOLVED, that the foregoing defense and indemnificarion does not cover 1) any occurrences or events which do not take place during the use of the 1930 Energy Park Drive pazking lot for a Sairn Paul Saints home game or approved event; or 2) injuries or damages arising from hidden traps or dangerous condirions 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 FURTF�R RESOLVED, that nothing in the foregoing provisions shall be construed as a waiver of the municipal tort liability limits set forth in Minn. Stat. §466 et seq. �� Yeas Nays Absent (I Benanav �� ✓ (I �I II (I Bostrom �� ✓ �� �� �I �I Harris _II ✓ �� I� II �� HeZgen _�� ✓ � I� �� �� Lantry �I ✓ � II �� �� Montgomery�� ✓ I �I li Thvne � � � Adopted by Council: Date � � U � Adoption Cert�fied by Council Seczetary � Approved ]�y/ryIayor: Date: By: Requested by Department of: Parks and Recreation By: ���.�.��� ����'��/ ��'� d f � Form Approved by City Attorney By: `? ,S!I,KDnna e���.2X-'r�-�� r for By: / i oy- N7� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � ' DepartmenUoffice/eounciL• ' Date Initiated: � ! pR -paz,��d�e�o � z� �-04 ( Gree S heet NO: 30 14 0 76 � Confad Person 8 Phone: ' � ! Deoartment Sent To Person InitiaUDate ' • Bob KlepperiCh i � 0 �Parks and Recreafion � ;�� . � - � 679 � Assign I 1 �ParksaodRecreaHon I DeuartmentDirector ' , Must Be on Council Agenda by (Date): ' Number I Z - � iF"oanc al Se "ces I O�ce FSnancial Servi '' __. For j - - - - --- ------- RoUting 3 �h' Annrnev _ . Order 4 �davor`s Office i Mavor/AssisTant _ _ � ' I � 5 �Council I C5N Couucil I ' � 6 i Clerk _ I Ciri Clerk �__ __ � i � � i � 7 arks aod Recreafion _,__ Bob Klenoerich _; ____ _ �_-- ____ _._ _ ___— - -- — —___—____ .__—__ —___.__ _ _ _ � �'� Total # of Signature Pages � (Clip All Lowtions for Signature) ; —� -- ---- - - - - � -- ----- ----------�--------� - '-------------- - ------- - �--'� Action Requested: Adoprion of the attached resolution by the City Council. ' Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Pollowing Questions: I . Planning Commission �. Has this person/firm ever worked under a contract for this departmenY? � � Ct6 Committee � Yes No , Civil Service Commission � $i-aFG Initiating�problem, Issues, Opportunity (Who, What, When, Where, Why): The City wishes to enter into an agreement with 1930 EPD Corporation to use part of their properiy for pazking for Saint Paul Saints home games and stadium events in 2004. Paragaph 8 of said agreement ca11s for the City to defend, indemnify and hold harmless 1930 EPD Corporarion for the use of theu lot. (Due to an agreement with its tenant, Federal Express, 1930 EPD Corporarion agrees to allow the CiTy to use its lot only on Sundays and Mondays during the 2004 season.) --- — ----- - ------ — --- .. AdvanWSles If Approved: Revenue for the City and addihonal convenient parkmg for the public. '�, Disadvantapes If Approved: N/A 2. Has this personffirm ever been a city employee? Yes No 3. Dces this personffirm possess a skill not normally passessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet � � "_�� � ------ "� e:;�s� -- t , Disadvantages If Not Approved: ' Loss of revenue and pazking spaces making it extremely difficult for the public to pazk for Saints and Stadium events. ; Total Amount of � 5000, 0 0 ` Trensaction: � Fundinn source: Special Services Fund 334 - Stadium CosURevenue Budgeted: ActWitv Number: 33182 �t.k�P�� �.acqa...� P' ��� � � ���� i _., ' Financialinformation: (expiain) 'I'he City wllects $6.00 per car pazked and pays 1930 EPD Coip. $100 per date used at the end of the 2004 season. (Net revenue of approx $5,000.)