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04-517Council File Ik • � - - - - --- - - 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 ----�--------- --- 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: ��� � ��^.�,`?i.^,., E"�,.,.,��� Financial Information: pRy��g � � �{gg@9, (Explain) p'° � 8DU°C