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07-386Council File # � 7 Green Sheet # 3038575 TION F Presented by PAUL, MINNESOTA 19 1 WHEREAS, the City of Saint Paul has an agreement with the Saint Paul Saints Baseball Team to 2 play theix 2007 home games at the City's Midway Stadium; and 3 4 WHEREAS, the City of Saint Paul operates the pazking lot at the Midway Stadium, where the 5 Saint Paul Saints will play up to fifty-five (55) home games during the 2007 American Association season 6 as wetl as schedule other events; and WHEREAS, the Saints may schedule other events at the Stadium; and 9 10 WHEREAS, the City receives income from the parking of vehicles at these events, and 11 12 WHEREAS, the Midway Stadium site lacks a sufficient number of parking spaces to 13 accommodate all visitors for Saint Paul Saints evenYs; and 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 WHEREAS, AMB Institutional Alliance fund III, L.P. owns the property located at 193� Energy Park Drive which has a parking lot located within walking distance of the Midway Stadium; and WAEREAS, AMB Insritutional Alliance fund III, L.P. is willing to allow the City to use its east parking lot for overflow parking for Saint Paul Saints home games during the 2007 American Association season, as well as other events scheduled by the Saints and agreed to by the City, but on the condition that it be indeinnified and held harmless from damages and claims arising out of the use of the pazking lot for that purpose; now therefore be it RESOLVED, that the Council of the City of Saint Paul hereby finds that the indemnification of AMB Institutional Alliance fund III, L.P. for the use of its parking lot at 1930 Energy Park Drive serves a valid and legitimate public purpose; and be it FURTHER RESOLVED, that the Council of the City of Saint Paul hereby agrees to defend, indemnify and hold AMB Institutional alliance Fund III, L.P. harmless from 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 1930 energy Park Drive parking lot as a parking site for the Saint Paul Saints home games and approved events during the 2007 season; and 1et it be FURTHER RESOLVED, that the foregoing defense and indemnification does not cover 1) any occurrences or events which do not take place during the use of the 1930 Energy Park Drive parking lot for a Saint Paul Saints hoxne game or approved event; or 2) injuries or damages arising from hidden traps or dangerous conditions of the 1930 Energy Park Drive parking lot as to which AMB Institutional Alliance Fund III, L.P. has actual or constructive notice; and be it v���� 41 F`URTHER RESOLVED, that nothing in the foregoing provisions shall be construed as a waiver 42 of the municipal tort liability limits set forth in Minn.Stat.§466 et seq Yeas Nays Absent Benanav � aos�om Harris � Helgen � Lanfry , Montgomery � Thune ,i � Q Adopted by Council: Date /,�� �,�(� � J�_ Adoprion Certified by Cou cil Secre y BY ` /I Approved by ay : Date p By: Requested by Deparnnent oE - p�a-,�r� $ �i ��,��� j��si ���/i�� Form By: Form By: O 7-35-6 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmenUofficelcouncil: Date Initiated: pR — p��dRecrea6on 10.APR-07 Green Sheet NO: 3038575 ConWCt Person & Phone: Bob Kiepperich 6461679 must ese on '18-APR-07 Doc. Type: RESOLUTION W!$ TRANSAC E-DOCUment Required: N Document ConWCt: Yolanda Thomas Contact Phon¢: 266-6436 ■� Assign Number For Routing Order Total # of Signature Pages _(Clip All Lowtions for Signature) 0 arks and Recreafion 2 ancial Services ce Finaucial Services 3 " Attorne 4 a or's Office Ms odASSistant 5 onncil Q Council 6 ' Clerk Cti Cluk Agreement with AMB Institutional Alliance Fund IIl, L.P. to use part of their proper[y for vehicle parking during Saint Paul Saints home games and stadium events in 2007. �tlanons: Approve (A) or R Planning Commission q6 Committee Civil Service Commission 7. Has this person/firm ever worked under a contract for this tlepartmeni? Yes No 2. Has this persoNf rm ever been a cily employee? , Yes No 3. Does this pereon/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, Opportunity (Who, What, When, Where, Why): The CiTy wishes to enter into an agreement with AMB Institutional Alliance Fund III, L.P, a Delaware Limited Paxtnership, [o use part of their property for vehicle pazking during Saint Paul Saints home games and stadium events in 2007. Paragraph 8 of this agreeme�t calls for the City to defend, indemnify and hold harmless AMB for the use of theu lot. Advantages If Approved: Revenue for the Ciry and adidtional convenient parking for the public. DisadvanWges If Approved: N/A Disadvantages If Not Approved: Loss of revenue and parking spaces; invonvenience for Stadium guests. Trensaction: $12,000 CosURevenue Budgeted: � iR .. �..�IF Fund�ny souroe: Special Services Fund 334- Act�vity Numner: 33182 ; Financial lnformation: SfedltlfTl (Explain) Net revenue of approx. $12,000.00. The City collects $5.00 for each vehicle pazked in the AMB lot and pays one hundred ($100) dollazs per date, due at the end of the 2007 season. � April 23, 2007 2:14 PM Page 1