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08-393Council N31e # �� 393 Green Sheet# 3051230 RESOLUTION OF Presented by PAUL, MINNESOTA l� 1 WHEREAS, the City of Saint Paul has an agreement with the Saint Paul Saints Baseball Team to 2 play their 2008 home games at the City's Midway Stadium; and 4 WHEREAS, the City of Saint Paul operates the parking lot at the Midway Stadium, where the 5 Saint Paul Saints will play up to fifty-five (55) home games during the 2008 American Association season 6 as wells as schedule other events; and 7 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 far Saint Paul Saints events; 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 41 42 WHEREAS, AMB Institutional Alliance Fund III, L.P. owns the property located at 1930 Energy Park Drive which has a parking lot located within walking distance of the Midway Stadium; and WHEREAS, AMB Institutional Alliance fund III, L.P. is willing to allow the City to use its east parking lot for overflow parking far Saint Paul Saints home games during the 2008 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 indemnified and held hannless from damages and claims arising out of the use of the parking lot far that purpose; now therefore be it RESOLVED, 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 east 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 agees 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 east parking lot as a parking site for the Saint Paul Saints home games and approved events during the 2008 season; and let 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 east parking lot for a Saint Paul Saints home game or approved event; or 2) injuries or damages arising from hidden traps or dangerous conditions of the 1930 Energy Park Drive east parking lot as to which AMB Institutional Alliance Fund III, L.P. had actual or constructive notice; and be it bs�3y3 43 F`[JRTHER RESOLVED, that nothing in the foregoing provisions shall be construed as a waiver 44 of the municipal tort liability limits set forth in Minn.Stat.§466 et seq. 45 46 Bos4om Carter � � by oE i9•�ro�yv Services Stark Thune � BY� TT_�� �% Approved by City Attorney B➢� � `�� ��d..___ Approve by Mayor for Submissiqn to Council BY �� n a� � �!I/�,2.t_eJimo Adopted by Council: Date Adoprion Certified by Council Secretary B � Approved b y: Date '7 cs� D By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � OS �393 PR —Pazks and Recreation CoMad Person 8 Phone: Bob Klepperich 646-1679 must ee on 02-APR-08 Doc. Type: RESOLUTION W/$ TRANSAC E-DOCUment Required: N DotumenfCo�Wd: BobKlepperich ConWct Phone: 20.MAR-08 � Assign Number For Routing OMer Total # of Signature Pages _(Clip PJI Lowtions for SignaWre) Green Sheet NO: 3051230 0 arksandRttreation 1 �ParkS aud Recrealion DeDatlment Dutttor 2 S+inancial Services pt5ce Ftinancial Servic¢s 3 'ty Attorney CYIV Attomey 4 a or's O�ce Ma or/ASSistant 5 ouncil C7 Comc� 6 ' G1erk G5 Clerk Enter into an agreement with AMB Instituriona7 Alliance Fund II to use part of their proper[y for vehicle pazidng during Saint Paul Saints home games and stadium events in 2008. itlat�ons: Approve (A) or R Planning Commission CIB Committee Civil Service Commission 7. Has this person/firm everworked under a contract for this departmenY? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this personffirm possess a skill not normally possessed by any current city employee? Yes No 6cplain all yes answers on separete sheet and attach to green sheet Initiating Problem, lssues, Oppnrlunity (Wha, What, When, Where, Why): The Ciry wishes to enter into an agreement with AMB Institutional Alliance Fund III, a Delawaze Limited Partnership, to use pazt of their property for vehicle pazldng during Saint Paul Saints home games and sTadium events ln 2008. Paragraph eight (8) of tttis agreement calls for the Ciry to defend, indemnify and hold harmless AMB for the use of their lot. Advantages If Appraved: Revenue for the City and addirional convenient parking for the public. Disadvantages If Approved: N!A DisadvanWges If NotApproved: Loss of revenue and pazking spaces; inconvenience for Stadium guests. Trensaction: $12,000.00 CosURevenue Budgeted: Fundiny Source: Special Services Fund 334 - A���iv Number: 33182 Financial Information: StadiUfll (Explain) �et revenue of approx. $12,000.) The City collects $5.00 for each vehicle pazked in the AM� lot and pays one hundred ($100) dollazs per date, due at the end of the 2008 season. April $, 2008 4:00 PM Page 1 City of Saint Paul Interdepartmental Memorandum To: Matt Smith, Director of Financial Services From: Scott Cordes, Budget Analyst Subject: GS# 3051230 Midway Overflow Pazking Date: 3/25/2008 Og�3� 3 Attached is a resolution that agrees to hold the harmless for damages the owner of the overflow parking lot adjacent to Midway Stadium that is used during St. Paul Saints baseball games. The use of the lot results in a net benefit to the Midway Stadium fund (334) based on increased parking revenues. The resolution requires that the City hold the company harmless for any damages that occur in the lot during the events where the City is renting the lot. OK to sign. AA-ADA-EEO Employer