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RESOLUTION
CITY OF
PAUL, MINNESOTA
Presented by
��
WF3EREAS, The City of Saint Paul, Division of Parks and Recreation, provides a variety of activities to youth,
including participation in tennis lessons; and
WFIEREAS, Saint Paul Pazks and Recreation is in need of space for its gcowing tennis program; and
WHEREAS, Macalester College of Saint Paul owns land at 1600 Grand Avenue which includes tennis cour[s; and
WHEREAS, Macalester College is willing to give permission for Parks and Recreation to use their tennis cour[s, June
13 — August 8, 2008, but wishes to have the City indemnify and hold the College harmless from claims related to the City's use
of the tennis courts; and
WHEREAS, provisions of youth tennis ]essons serve a]egitimate public purpose by serving the youth of the Ciry; and
WHEItEAS, the e�cpendihue of public funds, which includes the promise of indemnification and deYense, for such a
purpose will facilitate and allow the Ciry to provide such opportunities, now therefore, be it
RESOLVED, that the City Council of the City of Saint Paul on behalf of the City of Saint Paul hereby agrees to defend,
indemnify and hold Macalester College hannless from any and al] damages it may be required to pay as a result of suits, claims,
actions, or judgments arising ont of the use of Macalester's tennis courts at 1600 Grand Avenue, which are attributed to the
negligent act or omission by tbe City of Saint Paul, its employees, agents or contractors; and be it
FURTHER RESOLVED, that the foregoing defense and indemnification does not cover:
1) casualty loss of�roperiy damage to the tennis courts.
2) any occurrences or events which aze not part of the approved use of the tennis courts by the Ciry or do not take
place during the use of the tennis courts as part of the City's tennis program.
3) in}uries or damages which arise from hidden traps or conditions existing on the Macalestex properiy of which they
had actual or constructive notice.
4) injuries which azise out of criminal actions, assaults, batteries or other acts of violence committed by any person or
persons; and be it
FINALLY RESOLVED, tliat nothing in the foregoing provisions shall be conshued as a waivei of the mn�icipal tort
liability limits of defenses set forth in Minn.Stat.s466A1 et seq.
Requeste�c} Departrne of: �
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By: / ,��^, ` _ p_ �
�r �.c��..._�-
Approved by the Office of Financial Services
Adopted by Council: Date �� Z� f vy�
Adoption Certifie by o uci cretary
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B '
Approved : Date � � (� g
By: ,�.D
By:
Approved by� C�i Attorney
�By: it/tl,• �iu�-� � ��
Approve�l Ma r r Sub � to Cou '1
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
U8-5/3
PR — P� �d Recreation
Contact Person & Phone:
Linda Flynn
266-6443
musc ue on
21-MAY-08
Doc.Type: RESOLUTION
E-DOCUment Required: Y
Document Contact: Bev Meissner
Contact Phone: 266-6413
34APR-08
�
Assign
Number
For
Routing
Order
Total # of Signature Pages _(Clip All Locations for Signature)
Green Sheet NO: 3053200
�
�
0 arks and Recreation I
7 arks and Recreation Deoartment Director �
2 ,�t � Attornev
3 a or's Office Ma or/ASSistaot
4 ouncil
5 , ity Clerk Ciri Clerk
6 arks and Recreation 300 CHA
Approval of resolution holdi�g Macalester College haanless for City's use of the tennis courts.
or
Must
Planning Commission 7. Has this persoNfirm ever worked under a contract for this tlepartment?
CIB Committee Yes No
Civil Service Commission 2. Has this personlfirm ever been a city employee?
Yes No
3. Does this persoNfirm possess a skill not normally possessed by any
current cily employee?
Yes No
Explain all yes answere on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): �
MacaLester College is willing to give permission for Parks and Recreation to use their tennis cour[s, June 13 - August 8, 2008, but
wishes to have the City indemnify and hold hannless the college from claims rela[ed to the CIty's use of the tennis courts.
AdvanWges If Approved:
MAY 0 � 20�8
Disadvantages If Approvetl:
None
Disadvantages If Not Approved:
Trensaction:
Funding Source:
Financial information:
(E�cplain)
Adivity Number:
�
CosURevenue Budgeted:
Aprii 30, 2008 3:55 PM Page 1