09-459Council F�le #— l��
Green Sheet # 3069436
RESOLUTION
CITY OF SAIL�IT PAUL, {y4JNNESOTA
Presented by
ai
WHEREAS, the City of Saint Paul has an agreement with the Saint Paul Saints Baseball Team to play
their 2009 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 Saint Paul
5 Saints will play up to fifty-five (55) home games during the 2009 American Association season; and
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7 WHEREAS, t1�e Saints may schedule other events at the Stadium; and
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9 WHEREAS, the City receives income from the parking of vehicles at these events; and
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ll WHEREAS, the Midway Stadium site lacks a sufficient number of parking spaces to accommodate all
12 visitors for Saint Paul Saints events; and
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14 WHEREAS, AMB Institutional Alliance Fund III, L.P. owns the property located at 1930 Energy Park
15 Drive which has a parking lot located within walking distance of the Midway Stadium; and
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17 WHEREAS, AMB Institutional Alliance fund III, L.P. is willing to allow the City to use its east parking
18 lot for overflow parking for Saint Paul Saints home games during the 2009 American Association season,
19 as well as other events scheduled by the Saints and agreed to by the City, but on the condition that AMB be
20 indemnified and held harmless from damages and claims arising out of the use of the parking lot for that
21 purpose; now therefore be it
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RESOLVED, that tbe Council of the CiTy of Saint Paul hereby finds that the indemnification of AMB
Institutional Alliance Fund III, L.P. far 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 agrees to defend, indexnnify
and hold AMB Institutional Alliance Fund III, L.P. hannless 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 2009 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
a�-���
42 FURTHER RESOLVED, that nothing in the foregoing provisions shall be consirued as a waiver of the
43 municipal tort liability limits set forth in Minn.Stat.§466 et seq.
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Yeas Na s Absent
Bostrom �
Carter �/
Harris
Helgen �
Lant[y
Stazk ,i
Thune ,/
Adopted by Council: Date
Adoption Certified by Council SecLek
By: ' ��
Approve Ma r. Date J r�
By:
Requested by Deparknent of:
Parksa Re eati
By: _
�
By: _
Approved by
By: _ ��
Approved by
Ey: `�
� Green Sheet Green Sheet
Green Sheet Green Sheet Green Sheet Green Sheet
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�, DepartmenBOffice/COUnciL ! Date Initiated:
�� PR_ParksandRecreation ,,o-� ; Green Sheet NO : 3069436
�� ConWct Person 8 Phone: DeoarhneM SentTO Person IniliallDate i
Bob KleppefiCh � � 0 Parks and Recreation ' ',
, 646-1679 � , 1 Parls and Recreafion , DeDartmen[ Director ' .
Must Be on Council Agenda by (Date):
2 9-APR-09
DoG. Type: RESOLUTION W/S
TRANSA
E-Document Required: N
Document Contact:
Contact Phone:
' Assign
� Number
� For
� Routing
I Order
Total # of Signature Pages _(Clip All Locations for Signature)
Indemifying AMB Institutional Alliance Fund III, L.P. for the use of its east pazking lot at 1930 Energy Pazk Drive for Saint Paul
Saints events.
Recommendations: Approve (A) or Reject (R)�
Planning Commission
CIB Committee
Civd Service Eommission
Personal Service Contrects Must Answer the Following Questions:
t Has this persoNfirm ever wodced under a contract for this department?
Yes No
2. Has this persoNfirm ever been a city employee�
Yes No
3 Does this personlfirm possess a skill not normally possessed by any
current city employee?
Yes No
Explain atl yes answers on separate sheetand atWch to green sheH.
Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why):
The City wishes to enter into an agreement with AMB Institurional Alliance Fund III, L.P, a Delaware Limited Partnership, to use
part of thelr properiy for vehicle parking during Saint Paul Saints home games and stadium events in 2009. Pazagraph 8 of this
agreement calls for the City to defend, idemnify and hold harmless AMB for the use of their lot.
AdvanWgeslfApproved:
Revenue for the City and additional convenient parking for the public.
Disadvantages If Approved:
N1A
DisadvanWges If Not Approved:
Loss of revenue and parking spaces; inconvenience for Stadium guests/
TotalAmountof $12,000.00
Trensaction:
Cosf/Revenue Budgeted:
Funding source: Special Services Fund 334- Activity Number: 33182
Stadium
Financiai intormation: The City collects $6.00 for each vehicle pazked in the AMB lot and pays one hundred ($100) doLaxs per date,
(E�cplain) due at the end of the 2009 season. Net revenue of approx. $12,000.00.
April 22, 2009 4:51 PM Page 1
LICENSE AGREEMENT ��' ��
ON THIS day of 2009, 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 AMB Institutional Ailiance Fund
III, L.P., a Delaware Limited Partnership, hereinafter referred fo as "A(v1B° on the
following terms and conditions:
WITNESSETH:
Site: AMB 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
the City's use for vehicle parking for Saint Paul Saints games and events during the
2009 season. The game dates are listed on Attachment A to this agreement. The
dates of events shall be agreed upon by the City and AMB. Additional dates may be
added upon mutual agreement between the City and AMB.
2 • Control of Lot: The City shall have the right, upon the execution of this
agreement by it and AMB, to control ingress and egress from said parking lot area,
effective from three (3) hours prior to the start until one and one half (1-1/2) hours after
the completion of each game or event, for the purpose of parking spectator vehicies.
The City agrees to work with and follow directives from the landlord as welf as from
Federal Express Home Delivery, the tenant on the east side of the 1930 Energy Park
Drive building, regarding such issues as ingress and egress, reservation of parking
spaces, safety of Federal Express vehicles, and safety of Federal Express and other
Tenants' employee vehicles, building and property security issues, a desire by Federal
Express to conduct a charity event, such as a food drive, on at least three (3) dates in
conjunction with the City's use of the parking lot, and a desire by the fandlord to hold
events in conjunction with the City's use of the parking lot.
3 • Sta�nq: The Ciiy will provide su�cient staff to control ingress, egress, and
orderly parking for each game.
4 � Tailqatina: No parking patron sha11 cook tood or consume alcoholic beverages
in said parking lot while it is under control of the City.
5 • Trash Removal: The City shall be responsible for the removal of all trash and
other debris generated by said vehicle parking for each game; trash/debris shall be
removed no later than 9:30 a.m. on the day following a game or event. Additionally, in
the svent that any vehicle remains in the AMB parking area for twenty-four (24) hours
after the start of a Saints' basebali game or event, the City shall, at the request of and at
no cost to AMB, have the vehicle towed from the parking lot.
6 • Parkinq Charqe: The City may charge for each parking lot patron vehi�le a
fee of up to $7.00 to park in the AMB lot.
�-y��
LICENSE AGREEMENT—page 2.
�� Pavment: Upon completion of the season, the City agrees to pay AMB
one hundred ($100) doilars per date that said parking lot is used by the City for
Saints event parking to: AMB Institutional Alliance Fund III, L.P. / c% Ms. Amy
Melchior / c/o C.B. Richard Ellis / 4400 West 78 Street 1 Minneapolis, MN
55435
Hoid Harmless: The City hereby agrees to defend, indemnify and hold
harmless, AMB from all damages it may be required to pay as a result of suits,
claims, actions and judgments in connection with the City's use or occupancy of
the parking lot on the east side of the building at 1930 Energy Park Drive, St. Pauf,
Minnesota ("Parking LoY'), 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.
A�7c reement Amendment• Should AMB decide that use of said property by
the City is no longer in the best interests of AMB and(or its tenant(s) or if there is
potential for the property to change ownership, this License Agreement may be
amended or ended by AMB by giving the Gity thirty {30) days written notice to the
following address: City of Saint Paul / Midway Stadium / 1771 Energy Park Drive /
Saint Paul, MN 55108
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 �rst above written.
FORM APPROVED:
CiTY OF SAINT PAUL:
Assistant City Attorney
AMB Institutional Alliance Fund III, L.P.
BY: AMS Properiy, L.P.,
A Delaware Limited Partnership
Its: General Partner
By: AMB Property Corporation
its: Generaf Partner
By: �i�_
Director of Parks and Recreation
Director of Financial Services
�ts: ►�k w�:�zS��/
1 " 1 \ -- V��JL/,
2009 Schedule
■ Home Games ❑ Away Games
;� ,.
,:;� :
r-�""� Game played at Sioux Falls
EP . . . . . . . . . . . . . . . . . . . . . . . EI Paso, TX
PAR . . . . . . . . . . . . . . . . . . . . . . Fargo, ND
fTW . . . . . . . . . . . . . . . . . . . Fort Worth, TX
GP . . . . . . . . . . . . . . . . . . Grand Prairie, TX
GAR . . . . . . . . . . . . . . . . . . . . . . . Gary,1N
KC . . . . . . . . . . . . . . . . . . . Kansas City, KS
LIN . . . . . . . . . . . . . . . . . . . . . . Lincoln, NE
PEN . . . . . . . . . . . . . . . . . . . . Pensacola, FL
SHV . . . . . . . . . . . . . . . . . . . Shreveport, LA
SC . . . . . . . . . . . . . . . . . . . . . 5ioux Ciiy, lA
SF . . . . . . . . . . . . . . . . . . . . Sioux falls, SD
wT . . . . . . . . . . . . . . . . . . . . . . w�ch�ra, K5
WPG . . . . . . . . . . . . . . . . . Winnipeg, MAN
AMEs�AN
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' OFINDEPENDEM[PR4FESSIONALBd5E6ALL
For tickets and info:
651-644-6659
saintsbaseball.com
(�l'�f"��1
MAY
SUN MON iUE WED THI/ Flti 5Ai
Midway Stadium, 1771 Energy Park Drive, St. Paul, MN 55108
JUNE
SI/N MON TUE WED THU FRI SAT
JULY
51/N MON TUE WED THU FRI SAT
AUGUST/SEPTEMBER
5ubject to Change
City of Saint Paut
Interdepartmental Memorandum
To: Margazet Kelly, Director of Financial Services
From: Scott Cordes, Analyst
Subject: GS# 3069436 Midway Overflow Parking
Date: 4/21/2009
b�1� ���j
Attached is a resolution that agrees to hold the hazmless for damages the owner of the overflow
parking lot adjacent to Midway Stadium that is used during St. Paul 5aints baseball games. The
use of the lot results in a net benefit to the Midway Stadium fund (334) based on increased
pazking 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. No waiver
needed, as the resolution is only about legal indemnification and the agreement results in net
revenue to the Ciry. OK to sign.
AA-ADA-EEO Employer