04-517Council File Ik • �
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Green Sheet #
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA 11
Presented By
Referred to
Committee: Date
1 WHEREAS, The City of Saint Paul, Division of Parks & Recreation, provides a variety
2 of activities to youth including participation in tennis lessons; and
3 WHEREAS, Saint Paul Puks & Recreation is in need of space for its growing tennis
4 program; and
5 WHEREAS, Macalester College of Saint Paul own land at 1600 Grand Avenue which
6 includes tennis courts; and
WHEREAS, Macalester College is willing to give permission for Parks & Recreation to
use their tennis courts, June 11 - July 23, 2004, but wishes to have the City indemnify and hold
the College hannless from claims related to the Ciry's use of the tennis courts; and
10 WHEREAS, provisions of youth tennis lessons serve a legitimate public purpose by
11 serving the youth of the City; and
12 WHEREAS, the expenditure of public fiznds, which includes the promise of
13 indemiufication and defense, for such a purpose will facilitate and allow the City to provide such
14 opportunities, now therefore, be it
15 RESOLVED, that the City Council of the City of Saint Paul on behalf of the City of Saint
16 Paul hereby agrees to defend, indemnify and hold Macalester College harmless from any and all
17 damages it may be required to pay as a result of suits, claims, actions, or judgments arising out of
18 the use of Macalester's tennis courts at 1600 Grand Avenue, which are attributable to the
19 negligent act or omission by the City of Saint Paul, its employee, agents or contractors; and be it
20 FURTHER RESOLVED, that the foregoing defense and indemnification does not cover:
21 1) casualty loss or property damage to the tennis courts.
22 2) any occurrences or events which are not part of the approved use of the tennis courts
23 by the City or do not take place during the use of the tennis courts as part of the city's tennis
24 program.
25 3) injuries or damages which arise from hidden traps or conditions existing on the
26 Macalester property of which they had achxal or constructive notice.
Page 1 of 2
0�1,-5t�
Green Sheet #
Presented By
Referred to
Committee: Date
27
28
29
30
4) injuries which arise out of criminal actions, assaults, batteries or other acts of violence
comxnitted by any person or persons; and be it
FINALLY RESOLVED, that nothing in the foregoing provisions shall be construed as a
waiver of the municipal tort liability limits or defenses set forth in Minn. Stat. s466.01 et seq.
Adopted by
Adoption
Approved
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
��.. <.�/rr�
Requested by Division of Parks and
Recreation �/ /�// '
By: � `
Form Approved by City Atto�
� A (' �
By : �/r x �.Ii+�c�! C,'� �1 v �G��r�w�
' _� Green Sheet Gree Sheet Gre Sh eet Green Sheet Green Sheet
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PR d 27-APR-04 I Green Sheet NO: 3015635
Contact Person & Phone:
Linda Flynn
266E443
Must Be on Councii Agenda by (Date):
�
Assign
Number
For
Routing
Order
ueoartment senc�orewon mmavuate
0 arks and RecreaHon ��
1 arks and Recreafion De arMent Di ector `'1
1
2 i ttorne
3 a or's Office Ma or/Assistant
4 ouncil I
5 i Clerk Ci Clerk
Total # of Signature Pages _(Clip All Locations for Signature)
Action RequesteA: �
Approval of resolution holding Macalester College harmless for City's use of the tennis courts.
Recommenda6ons: Approve (A) or R
Planning Commission
CIB Committee
Civil Service Commission
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person(firm possess a skiN �ot normally possessed by any
current ciry empioyee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Macalester College is willing to give peruussion for Pazks and Recrearion to use theu tennis courts, June 11 - July 23, 2004, but wishes
to have the City indemnify and hold hamiless the college harmless from claims related to the City's use of the tennis courts.
AdvantapeslfApproved:
Answer the Fallowing Questions:
APR � � L�104
� �,: -,'" ' -
DisadvantapeslfApproved:
None
Disadvantages If Not Appraved:
iotal Amount of
Transaction:
Fundinq Source:
CosURevenue Budgeted:
Activity Number:
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Financial Information: pRy��g � � �{gg@9,
(Explain) p'° � 8DU°C