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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 ,'.�7 7 WHEREAS, t1�e Saints may schedule other events at the Stadium; and 8 9 WHEREAS, the City receives income from the parking of vehicles at these events; and 10 ll WHEREAS, the Midway Stadium site lacks a sufficient number of parking spaces to accommodate all 12 visitors for Saint Paul Saints events; and 13 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 16 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 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 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. 44 � 45 46 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 �' �� � �, 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 a� ' 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