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05-434Council File # �S 'y3'�} Resolution # Presented By Referred to Green Sheet RESOLUTION CiTY OF SAINT PAUL, MINNESOTA � 3D��o�� /(p Committee: Date WHEREAS, the City of Saint Paul has an agreement with the Saint Paul Saints Baseball Team to play their 2005 home games at the City's Midway Stadium; and WHEREAS, the City of Saint Paut operates the pazking lot at the Midway Stadium, where the Saint Paul Saints will play up to fifty-five (55) home games during the 2005 Nortfiern League season as well as schedule other events; and WHEREAS, the Saints may schedule other events at the Stadium; and WHEREAS, the City receives income from the parking of vehicles at these events, and WFIEREAS, the Midway Stadium site lacks a sufficient number of parldng spaces to accommodate all visitars for Saint Paul Saints events; and 10 WHEREAS, the 1930 E.P.D. Corporation owns the property located at 1930 Energy Park Drive 11 which has a parking lot located within walking distance of the Midway Stadiuxn; and 12 WI�REAS, the 1930 E.P.D. Corparation is willing to ailow the City to use its easi parking lot 13 for overflow parking for Saint Paul Saints home games during the 2005 Northern I,eagues season 14 as well as other events scheduled by the Saints and agreed to by the City, but on the condition 15 that it be indexnnified and held harmless from damages and claims arising out of the use of the 16 pazking lot for that purpose; now therefore be it 17 RESOLVED, that the Council of the City of Saint Paul hereby finds that the indemnification of 18 1930 E.P.A Corporation far the use of its parking loT at 1930 Energy Park Drive serves a valid 19 and legitimate pubiic purpose; and be it ZO FURTF3ER RESOLVED, that the Council of the City of Saint Pau1 hereby agrees to defend, 21 indemnify and hold hannless the 1930 E.P.D. Corporarion hannless from any and all damages it 22 may be required to pay as a result of suits, claims, actions or judgments arising out of the use of 23 the 1930 Energy Park Drive pazking lot as a parking site for the Saint Paul Saints home games 24 and approved events during the 2005 season; and let it be Page 1 of 2 os- �3� Council File # Resolution #' Green Sheet ',k RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred to Committee: Date 25 FURTHER RESOLVED, that the foregoing defense and indemnification does not cover 1) any 26 occurrences or events which do not take place during the use of the 1930 Energy Pazk Drive 27 pazlang lot for a Saint Paul Saints home game or approved event; or 2) injuries or damages 28 arising from hidden traps or dangerous condirions o£the 1930 Energy Pazk Drive parking lot as 29 to which the 1930 E.P.D. Corporation had actual or constructive notice; and be it 30 FURTF3ER RESOLVED, that nothing in the foregoing provisions shall be construed as a waiver 31 of the municipal tort liability limits set forth in Minn. Stat.§466 et seq. senanav s i I �,�� ♦ , , , ✓��L� Requested by Division of Parks and �� Recreation � �oo B _�2��- � � Lantsy IL ,, Montgomery C Thune � 7 Adopted by Counci Adoption Cer 'fie� By: Approved b ayor By: Date: v c7 by Council Secretary . Date: Form Approved by City By: Approv d b Mayor fb-r Counc' � , � jAA Rv - `�" ° � Page 2 of 2 pS- -�F3� : � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � —�--- -- --�--------�---- PR — parksandRecreation I��R� , Green Sheet NO: 30260 8 CoMact Pereon 8 Phone: ; � Bob Klepperich i I 64G1679 I � Must Be on Council Agenda by (Date): � Assign Number For Routing Order DeoartmeM Sent To Person Inftial/Date 0 �arks and Recreation � �/ '� 1 IParks and Recreafion Deoartment Director !�� _� X i � 2 itv Attornev Citv Attoruev I 3 inaocial Services Fivancial Services � � 4 a or's OfLce Mavor/Assistant � � 5 oune 1 Citv Council '� �', 6 iri Clerk Citv Clerk �! 7 arks and Recreafion Bob I{leooerich � I� 7ota1 # of Signature Pages � (Clip All Locations for Signature) Adoprion of the attached resolution by the Ciry Council. Kecommentlalions: approve (A) or Planning Commission C;B Committee Civil Service Commissio� (R): Personal Service Contracts Must Answer.the Following t. Has this person/firm ever worked under a contract for this department? Yes , No 2. Has this person/firm ever been a cily employee? Yes No 3. Dces this personffirtn possess a skill not nortnally possessed by any cunent city employee? Yes No Ezplain ai! yes answers on separate sheet and attach to green sheet �I, Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): �! The City wishes to enter irno an agreement with 1930 EPD Corporation to use part of their property for parking for Saint Paul Saints ' I hoine games and stadium evenu in 2005. Paragraph 8 of said agreement calls for the City to defend, indemnify and hold hannless 1930 � I EPD Corporation for the use of their lot. Advantapes If Appraved: Revenue for the City and additional conveniern pazking for the public. �` . _ �, ; ._... ,,'. Disadvantapes If Approved: N/A ,�i � • w j Disadvantages If Not Approved: ' i Loss of revenue and lack of pazking spaces would make it extremely difficult for the public to pazk for Saints and Stadium events. 'oWl Amount of � 5000 CostlRevenue Budgeted: Trensact�on: r Fundinp Source: SpeClal SeNiCes Fund - Activity Number: 33�$2 �pY � 6 2�65 � Financial Information: StBdium 334 (Explain) The City collects $6.00 per vehicle pazked and will pay 1930 EPD Corp $100 per date used at the end of the 2� season. (Net revenue of approx $5,000.) 1 . . �.i � ..l . . P - y . i .. F ' . � � u � � , I ' � i � � � � , i . ROU.TIN'G ORDER. � , _ � � � � �� . ., . � � Be ow are coired rouhn for the suc ost t es o�docimmenfs: , � m z � . � �� < � , co ' crs �s�� ; I3T7,tt1 autihorized bud e[ exists COT1L*7C�L RESOLLTTI0�3 am�.bnd t enFs ., g�c9 g . � I DeparmiffiYS3�rrector f ' ge��P S.,) I. ' Outside A I � � 2. Depac�entF3iYector �, � � � 2 O$ce o�E�anoraf Servicesihtector � � � � � � � a �, � � � 3. CitpL�ttomey � � � �' ' 3 CttyAttar � � 4. Mayor/Assistant (for co�trects aver $25,000) � 4 Mayor��i,`ss�st�t ,� ^ � � � � � 5 H�anAigfits�(forcon�acts�over$SO,OOp) � 5 CitpCoffic�1 i , � � 6_ OfficeofF�naiiciel,SeFVices-Acconut"mg , 6 OfficeofF�nanciaiSerrc�ces Arcounting , � ', , � , � „ , ' �, , " e " � ' " ', , ADhiIINISTRATIVE ORDIIYS Rev�ston ' COLTNCII. RESOLD'£�d27 all otfi�ers and Ordivances C� � ) „ C ) 1 nctivarylvfensgeroc,vepaztmentAcco;�raut 1 Depattment�naectot' � 2 DepsrfinentI}irector � � �.�� 2 CripAtto�ey i�� 3 Offi 'ofFFnsncial�Scmvices➢�rectoi �' � � 3 It�f�ror/' ' �Ass�stavt � ` � � � '" 4. �Citp lerk � � � . �� , ' �, Citp Coffic� � , � , , , „ S:OffceofF�cial 'ces- , Serv� Acco� ' r ,. S " � L�DMIIYISTRrITiVE ORDERS (all otheisj F.XECFT�IVE ORD� �4�� ,; ' , , ^ �� „ , a , 1 neparimeutDirecrnr � � ' '' � 1 �,a[tmen��DUector � 2 Cil�I, r2. Crty�kl�YO�na3' �� E � �, +� � s � � ��-, � �� .r � , 3 'O�ce,ofFinBuciatiServicesD�rector. 3 MaxorfAss�nt � � Ser 4 City GIe�c ; 4� City'�ClerYc � ` •' � � , � � � TOTAL NUMBER OF SIGI3tYTUREPAGES ��. ,� Fndicafetfie#'� "� oawbidfisi' ere � mmd a ocfls ,eacluofthcse ' es. •,'` �� . � "' , �., P� , �� uces xe4uired P Pe , �.�, g R� , , . a� � i. �,�,� , a �� i � y �� .i, �u,,, i , � , ACTION�REQII�S�ED � " � , � � � �� ' � , � �ED Aescnlie'wLattfie�PmJecUre4�?estseeksfo,,accompltsh�eitherchconoIogicatocdee'osordu wl�cheva�s I 8F most,aFipropriateforlfieissie.,'Donotwritecompletesenfences:'^ ,Be�gia'eachi4emmyoa�;I2s�wftha�. � � � LtECO�ATIONS' � � � ' � � � Compl�e,af@ieissoeinquestionLasbeenpresented6efdreanY�Y Pnlilicorprivate. , N , , � � � PEL�B _ „ ' O t�F, SEf2,VICE CO�ITR�1C1"S: � ` � mfo�afi�witlbetss�dto�defeiminetheci 's,hab'` foaxdorScees�' oa�al' fa�cesand � ��e��''viI ' , T,�+s ,, , �, „ , t3' , ilif.Y oompensah, a?ms, ci � � � � , p�p _ . . , r , setv�eehinngmles. � � � � � , � � ,,. , , 1 � � , , . �� INI77A��TIAFGPROBY.IIv�ISSUE OPPORTUNF�Y °,��' �� Explaisthe srtuati� or condifions U�cceated a�'foiyoas project arreq�iest . , � ., , , , ,� � ', � � �� n,� �� , ADVANTAGES,IFAPPROVED �,, Indic�te whether tbis is stmplysn annaal�tiudget proceclrse ieg�red lawkFi",�tzror whetlia there are ,specrt"ec ways m ir whtchtLeCtty,�SaiutPanlavd'itsciEizws'wiltbenefiti'mmtliisp.roaect/acti,on.! � , . � � � ��DISt1DVAt3TAGES'IF[1PPR(3VID �� ^ ' '� �� VPhstnegshveeffects,ormalor :cb�8�,?Oe��S�P�PLOCesses„ '�Uus�q ��eq�t�fPEOduce'ifrt�vspassed (e.&, traffc dela�!s, notse, tmc mcreases,�,orassessments}?�' To whom�" Whea?�E'arfiowkmp,`t" � � r'. �, , , � ' ,� i ,� , � DIS�C�ANfAGES�IFNOT�,PPROVED��' � ` �; � C� � ' � ' " VPhatw�TE be tLe�negative�consec�aences if the�provused achon rs nof approved?,' Tnafi�tpto Ide�ver ser,vfceT Co�imie � � L'agh,�c,�ise, accidentrate2i,Lossofi��anue� � ' � i � ' � � �� -� , — FID7l�CFAT.➢vSAACT ' , , ou sre A1 mn$f tailor Ffie mfotmation ou• vide fiere to the issae m �st am5wer . thuugh You Y, Pro „ r y addre�ug. , Senera�Yon twaqoestions.Aowmnch�s'itgoingt000st7 Wliois8o�8�'P�' ' � ' „ i „ � � � � � �� ^ � „ „ „ „ �� r� i � � �� ,, � � � � I� ,� � � � � � � � i r�i i �C � i � � r ' r� t U�r � i ''i � i� „� i � � 4� �� '� i� � �� i��^��u � I ii �� ii�� Ili � �f�i i . i ,L.�J�.. „r. il,��, .. i . . _ .,,i tx,��,�1, ,� i��'i�� I�,I� J �f1��1. ,. .. r��4�L�ll(i!� � I�Iw "��hi�i.l i� ,_,. � .u��r r► as- y3�4 LICENSE AGREEMENT ON THIS day of April, 2005, an Agreement is hereby made and entered into between the CITY OF SAINT PAUL, a municipal corporation of the State of Minnesota, hereinafter referred to as "City" and the 193Q E.P.D, Corporation, a Minnesota corporation, hereinafter referred to as "E.P.D." on the foflowing terms and conditions: WITNESSETH: Site: E.P.D. agrees to license to the City, the use of its parking lot located on the east side of its warehouse building at 1930 Energy Park Drive, St. Paul, Minnesota, for their use for vehicle parking for Saint Paul Saints games and events during the 2005 season. The game dates are listed on Attachment A to this agreement. l'he dates of events shall be agreed upon by the City and E.P.D.. 2. Control of Lot: The City shali have the right, upon the execution of this agreement by it and E.P.D., to control ingress and egress from said parking lot area effective from three (3} hours prior to the start of, until one and one half (11/2) hours after the completion of each game or event, for the purpose of parking spectator vehicles. The City agrees to work with and follow directives from Federai F�cpress Home Delivery, tenants on the east side of the 1930 Energy Park Drive building, regarding such issues as reservation of parking spaces and safety of Federal Express vehicles and Federal Express employee vehicles, building and property security issues, and a desire by Federal Express to conduct a char+ty event, such as a food drive, on at least three (3) dates in conjunction with the Cit�s use of the parking lot. 3. Staffinq: The City will provide sufficient staff to control ingress, egress and orderly parking for each game. 4. Tailqating_ No parking patron shall cook food or consume alcoholic beverages in said parking lot while it is under control of the City. 5. Trash Removal: The City shal( remove and shall be responsible for the removal of all trash and other debris generated by said vehicle parking for each game; said trash/debris shall be removed no later than 9:30 a.m. on the day following a game or event. Additionally, in the event that any vehicle remains in the E.P.D. parking area for twenty-four (24) hours after the start of a Saints Baseball game or event, the City shall, at the request of and at no cost to E.P.D., have the vehicle towed from the parking lot area. 6. Parkin4 Charge: The City may charge each parking lot patron vehicle a fee of up to $6.00 to park in the E.P.D. lot. OS- �/3�f AGREEMENT—page 2. Payment: The City agrees to pay E.P.D. $100.00 per date that said parking lot is used by the City for Saints event parking to: 1930 E.P.D. Corporation cJo Mr. Gary Lidstone C.B. Richard Ellis 7760 France Avenue South #770 Edina, MN 55435 Payment shall be based on the total number of dates the E.P.D. lot area is used, upon completion of the season. 8. Hold Harmless: The City hereby agrees to defend, indemnify and hold harmless, E.P.D from all damages it may be required to pay as a result of suits, claims, actions and judgements in connection with the City's use or occupancy of the parking lot or other parts of the premises commonly known as 1930 Energy Park Drive, St. Paul, Minnesota ("Parking Lot"), by reason of any act of negligence or omission by the City of Saint Paul, its, contractors, agents or employees, to the extent and as set forth in the resolution adopted by the St. Paul City Council. 9. Aqreement Amendment: Should E.P.D. decide that use of said property by the City is no longer in the best interests of E.P.D. and/or its tenant(s) or if there is potential for the property to change ownership , this Agreement may be amended or ended by E.P.D. by giving the City 30 days written notice. IN WITNESSETH WHEREOF, the parties hereto, by their signatures below, hereby agree to the terms and conditions set forth above as of the day and year first above written. FORM APPROVED: Assistant City Attorney 1930 E.P.D. Corporation CITY OF SAINT PAUL: Director of Parks and Recreation Director of Financial Services G:1SPV2emote�StadiumtWPiBo6lAgreemeMS\EPD Corp Saints Parldng.wpd �� , ATTACHMENT A 2005 St. Paul Saints Schedule (Home Games in In Bold) Date Team Time Date Fri., May 20 Schaumburg 7:05 Tue., July 12 Sat., May 21 Schaumburg 7:05 Wed., July 13 Sun., May 22 Schaumburg 1:05 Thu., July 14 Mon., May 23 Schaumburg 7:05 Fri., July 15 Tue., May 24 Calgary 7:05 Sat., July 16 Wed., May 25 Calgary 7:05 Sun., July 17 Thu., May 26 Calgary 11:05 a.m. Fri., July 22 Fri., May 27 Kansas City 7:05 Sat., July 23 Sat., May 28 Kansas City 7:05 Sun., July 24 Sun., May 29 Kansas City 7:05 Mon., July 25 Tue., May 31 at Gary 7:00 Tue., July 26 Wed., June 1 at Gary 7:00 Wed., July 27 Thu., June 2 at Gary 7:00 Thu., July 28 Fri., June 3 at Joliet 7:05 Fri., July 29 Sat., June 4 at Joliet 7:05 Sat., July 30 Sun., June 5 at Joliet 2:05 Sun., July 31 Mon., June 6 at Joliet 7:05 Tue., Aug. 2 Tue., June 7 at Sioux City 7:05 Wed., Aug. 3 Wed., June 8 at Sioux City 7:05 Thu., Aug. 4 Thu., June 9 at Sioux City 7:05 Fri., Aug. 5 Fri., June 10 Gary 7:05 Sat., Aug. 6 Sat., June 11 Gary 7:05 Sun., Aug. 7 Sun., June 12 Gary 1:05 Tue., Aug. 9 Mon., June 13 Fargo-Moorhead 7:05 Wed., Aug. 10 Tue.,June14 Fargo-Moorhead 7:05 Thu.,Aug.11 Wed., June 15 Fargo-Moorhead 7:05 Fri., Aug. 12 Fri., June 17 at Lincoln 7:05 Sat., Aug. 13 Sat., June 18 at Lincoln 7:�5 Sun., Aug. 14 Sun., June 19 at Lincoln 5:05 Tue., Aug. 16 Tue., June 21 at Schaumburg 7:05 Wed., Aug. 17 Wed., June 22 at Schaumburg 7:05 Thu., Aug. 18 Thu., June 23 at Schaumburg 7:05 Fri., Aug. 19 Fri., June 24 Winnipeg 7:05 Sat., Aug. 20 Sat., June 25 Winnipeg 7:05 Sun., Aug. 21 Sun., June 26 Winnipeg 1:05 Mon., Aug. 22 Mon., June 27 at Kansas City 7:05 Tue., Aug. 23 Tue., June 2S at Kansas City 7:05 Wed., Aug. 24 Wed., June 29 at Kansas City 7:05 Thu., Aug. 25 Thu., June 30 at Kansas City 7:05 Fri., Aug. 26 Fri., July 1 at Sioux Fails 7:05 Sat., Aug. 27 Sat., July 2 at Sioux Falls 7:05 Sun. Aug. 28 Sun., July 3 at Sioux Falls 2:05 Mon., Aug. 29 Mon., July 4 Joliet 7:05 Tue., Aug. 30 Tue., July 5 Joliet 7:05 Wed., Aug. 31 Wed., July 6 Joliet 7:05 Thu., Sept. 1 Fri., July 8 Lincoln 7:05 Fri., Sept. 2 Sat., July 9 Lincoln 7:05 Sat., Sept. 3 Sun., July 10 Lincoln 1:05 Sun., Sept. 4 AII-Star Game at Gary July 19 Team at Joliet at Joliet at Joliet Sioux Falls Sioux Falls Sioux Falls at Fargo-Moorhead at Fargo-Moorhead at Fargo-Moorhead Gary Gary Gary Gary at Winnipeg at Winnipeg at Winnipeg at Edmonton at Edmonton at Edmonton Lincoln Lincoin Lincoln Joliet Joliet Joliet at Kansas City at Kansas City at Kansas City Schaumburg Schaumburg Schaumburg at Lincoln at Lincoln at Lincoln at Lincoln Kansas City Kansas City Kansas City Sioux City Sioux City Sioux City Sioux City at Gary at Gary at Gary at Schaumburg at Schaumburg at Schaumburg os- y3�- Time 6:05 7:05 7:05 7:05 7:05 1:05 7:05 7:05 2:05 7:05 1:05 7:05 7:05 7:00 7:00 130 7:05 7:05 7:05 7:05 7:05 1:05 7:05 7:05 7:05 7:05 7:05 5:05 7:05 7:05 1:05 7:05 7:05 5:05 7:05 7:05 7:05 7:05 7:05 7:05 1:05 7:05 7:00 7:00 7:00 7:05 6.20 1:20