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04-600Council File # �' � ��� Presented Referred To Committee Date WHEREAS, the City of Saint Paul is sponsoring the Star of the North games in June, 2004; and 2 WHEREAS, Saint Agnes Church and School is providing the use oftheir gymnasium forthe Star ofthe North Games, 3 and is willing to pernut the use of the Saint Agnes High Schoo] g}nnnasium for such an event on the condition that the City 4 of Saint Paul indemnify and hold harmless Saint Agnes Church and School; and WHEREAS, the Saint Paul City Council finds that the Star of the North games has a legitimate public purpose; and 6 WHEREAS, the expenditure of public funds, which includes the promise of indemnification and defense, for such 7 a purpose will facilitate and enable the events to take place; now, therefore, be it 8 RESOLVED, that the Council of the City of Saint Paul on behalf of the City of Saint Paul hereby agrees to defend, 9 indemnify and hold St Agnes Church and School harmless from any and all damages it may be required to pay as a result of 10 suits, claims, actions, or judgments arising out of the participation by the Staz of the North games at St Agnes Church and 11 School on scheduled dates beriveen 7une 18 - 27, 2004, for injuries arismg out of activihes connected with such event, but 12 only those activities permitted and consented to by St. Agnes Church and School; and be it 13 FURTHER RESOLVED, that the foregoing defense and indemnification does not cover: 14 1) Casualty loss or property damage to Saint Agnes Church and School property or damage to cars pazked in the 15 parking lot. 16 2) Any occurrences or events which are not part of the Star of the North games and which do not occur or take place 17 at the Saint Agnes Church and School property during the course of the Star of the North games. 18 3) In�uries ar damages which arise from hidden traps or conditions existing on the grounds and property of Saint 19 Agnes Church and School of which Samt Agnes Church and School had actual or constructive norice. 20 4) Injuries which arise out of criminal actions, assaults, batteries or other acts of violence committed by person or 21 persons; and be it 22 Green Sheet # o l� o(! RESOLUTION CITY OF SAINT PAUL, MINNESOTA �q o�-c�c� 1 FINALLY RESOLVED, that nothing in the foregoing provisions shall be construed as a waiver of the municipal tort liability 2 limits set forth in Minn. Stat. §466.01 et seq. 3 4 5 6 7 8 9 10 Yeas Nays Absent Benanav � Bosffom � Harris ,l Helgen �/ Lantry ,/ Montgomery f/ Thune �/ 11 Adopted by Council: Date P/ �,��i,.� �,� o?DO�� 12 AdoF. ,, ,-� .. ,._ ° ^ -- - 13 By: 14 Appi 15 By: Requested by Department of: 0 _ �- i - �--- - � � �_ � I 1 _ • Form Approved by City Attorney By: � � � ��{ I,ti�-�- Lc /, u� U � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Shee�t _�� PR — Pazks and Reaeafion Contad Person ffi Phone: Ruth Schumi 266-fi432 Must Be on Total # of Signature Pages ,��Y� I Green Sheet NO: 3017019 � Deoartment Sent To Person Initial/Date 0 arks and Recreatiou � Assign 1 TarksandRecrea6on DeoartmentDirector I� Number 2 ��t�. pttmmev � Por 3 or's Office Ma or/Assistant Routing Order i 4 ouncil 5 i Clerk Citv Clerk (Clip All Locations for Signature) Action Requested: Approve resolution holding Saint Agnes Chwch and School I�anvless for the City of Saint Paul Parks and Recreation use of theu gymnasium for the Star of the North Games in June, 2004. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee ______ __ Civil Service Commission Answer the Following (2uestlon5: �. Has this personffirtn ever worked under a conhact for this department? Yes No 2. Has this person/frm ever been a ciry employee? Yes No 3. Does this person/firm passess a skill not normaily possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The City of Saint Paul provides a variety of recrearional activities including special events. The Staz of the North games is planned for June, 2004 in Saint Paul and games will be held at the Saint Agnes School School gymnasium if the Ciry holds Saint Agnes Chwch and School hazmless. Advantapes If Approved: � The City will be allowed to use the Saint Agnes School gymuasium for the Star of the North g � DisadvantapeslfApproved: None � �� Disadvantages If Not Approved: �, The City would have to find another location for the basketball and volleyball. Saint Agnes also benefits as part of an agreement for ' Saint Agnes Elementary and High School use of Saint Paul Pazks and Recreation facilities. _,_ _. � �- � , Total Amount of Transaction: Fundinp Source: Fi nancial I nformation: (Explain) CosHRevenue Budgeted: Activib Number: � �� i� ��".� `: