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04-62CouncIl File # V�� 1.p2 Green Sheet # Jv� UZ W - RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Refened To Comznittee: Date WHEREAS, the City of Saint Paul has sponsored a Sofrball on Ice event for some 20+ yeazs and is planning such an event for January 31 and Febmary 1, 2004 at Dean's Tavern and McCarron's Lake, located in the City of Roseville, Ramsey County; and WHEREAS, the Ramsey County Sheriff's Office has jurisdiction over the county's lakes and waters, and has gFanted pemussion for the use of McCarron's Lake for such an event on the condition that the City indemnify and hold the County harmless from clanns related to the Softball on Ice event; and WIIEREAS, the City of Roseville is supportive of the event on the condition that the City indemnify and hold the City harmless from claims related to the Softball on Ice event and WHEREAS, the Saint Paul City Council finds that the Winter Camival Sofrball on Ice Tournament has a legitimate public purpose by drawing participants to Saint Paul and offering family entertainment to the citizens of Saint Paul; and WHEREAS, the expenditure of public funds, which includes the promise of indemnification and defense, for such a purpose will facilitate and the event to take place, now therefore, be it RESOLVED, that the City Council of the City of Saint Paul on behalf of the City of Saint Paul hereby agees to defend, indemnify and hold Dean's Tavern harmless form any and all damages it may be required to pay as a result of suits, claims, actions, or judgments arising out of the use of the premises for the Softball on Ice Toumament on January 31 and February 1, 2004, which aze attributable to the negligent act or omission by the City of Saint Paul, iu employee, agents or contractors; and be it F'[JRTHER RESOLVED, that the foregoing defense and indemnification does not cover: 1) any occurrences or events which aze not part of the Softball on Ice event and which do not occur or take place at McCarron's Lake during the event. 2) injuries or damages which arise from hidden traps or conditions exisGng on the grounds surrounding McCarron's Lake of which the City of Roseville or County of Ramsey had actual or constructive notice. 3q 3) injuries which arise out of criminal actions, assaults, batteries or other acts of violence committed by any person or persons; and be it � d�l- ��- 2 FINAIS.Y RESOLVED, that nothing in the foregoing provisions shall be construed as a waiver of the 3 municipal tort liability limits or defenses set forth in Minn. Stat. §466.01, et seq. 4 5 6 Requested by Depar ent of: PA'�-`5 �- �'�-��� /� g �iL' C����_ � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet PR — Pazks and Recrearion Confact Person & Phone: Bob Smith Must Be on Council Agenda by (Date): ,��-� � I Green Sheet NO: 3010295 - �,z � Deoartment Sent To Person Initial/Date 0 arkc nd Recreati n Assign 1 arksandRecreation De ar[mentDirector ��L.� Number Z • Atkoro For RoUting 3 a or's Ofliee Ma or/Assistaot Order 4 ouncil 5 i C erk Ci lerk 6 ar nd Recreatioo Bob S'th Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: � Approve resolution holding Razilsey County and the City of Roseville Hannless for St. Paul's use of McCazron's Lake for the Winter Canuval Softball on Ice Touivament. idations: Approve (A) or Reject Planning Commission CB Committee Civil Service Commission 1. Has this person/firm ever worked under a contract for this departmenY? Yes No 2. Has this personffirm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, OppoRunity (Who, What, When, Where, Why): The City of Saint Paul provides a varietq of recrearional acrivities, including special events. The Winter Carnival Softball on Ice Tonrnament is a populaz annual event for recrearional sofrball playexs. The event is planned for Saturday, January 31, and Sunday, February 1, 2004, if the Ciry holds Ramsey County and ffie City of Roseville harmless related to the mauagement of flus event. AdvaMages If Approved: The' City will be allowed to use McCarron's Lake for this event. We have the opportunity to work with local businesses, Rzmsey Counry and the City of Roseville to keep this populaz evnet back at it's original locarion. Disadvantapes If Approved: NGNE Disadvarkages If Not Approved: Loss of ievenues to help support the St. Paul Winter Camival Junior Royalty program and/or future youffi aUiletic programming. Transaction: Funding Source: CosURevenue Budgeted: Activiry Number: Financial Information: Pioceeds from this event help fund the Juniox Royalty throughout the yeai. (Explain)