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96-885� 3 R � �1 i �3/"? d.,. Presented By Referred To CITY O� Council File # - l � Green Sheet #��� �4 RESOLUTION 41B�T H'AUL. MtNNESOTA '.I7 WHEREAS, the Division of Pazks and Recreation's annual Gus Macker 3-on-3 Basketball Tournament will be held on the streets in the City's lowertown uea on August 17 and 18, 1996; and WHEREAS, the azea near the intersection of Si�h and Jackson Streets lacks adequate space to place the Volunteer/VIP tent for the tournament; and WI3EREAS, Agri Bank F C B Incorporated is willing to allow the City to use its pazking lot on the corner of Jackson and Sixth Streets for the duration of the Gus Macker Toumament as the site for the Tournament's Volunteer/VIP tent; and WHEREAS, Agri Bank F C B Incorporated has asked the City to indemnify and hold them harmless during the use of their lot; now, therefore, be it RESOLVED, that the Council of the City of Saint Paul on behalf of the Ciry of Saint Paul, hereby agrees to defend, indemnify and hold harmless the Agri Bank F C B Incorporated from any and all damages it may be required to pay as a result of suits, claims, actions, and judgxnents arising out of the use of the parking lot for the Volunteer/VIP tent and/or activities connected with such use, by reason of any act of negligence or omission by the City of Saint Paul, its contractors, agents or employees; and be it FURTHER RESOLVED, that the foregoing defense and indemnification does not include; 1) injuries or damages arising from hidden traps or dangerous conditions in the parking lot facility as to which Agri Bank had actual or constructive notice; 2) injuries or damages arising out of occurrences or events which are not a part of the use of the tent as a Volunteer/VIP tent during the hours the Gus Macker Tournament is taking place on August 17 & 18, 1996; and be it i � (�-2�t2 9`-8�`5 2 FURTHER RESOLVED, fhat nothing in the foregoing provisions shall be construed as 3 a waiver of the municipal tort liability limits as set forth in Minn. Stat. §466.01 et seq. ��������.� Requested by Department of: Adopted by Council: Date t'� ���. Adoption Certified by Council Secretary By: 1 \ o� � . � ��-- Approved by�Mayo . Date (.S ��e By: /�L� >SG1A� By: Form Approved by Ci�t..`y Attorney � By: t �r.Y4,v.c.tG— � ��.-,�.a, Approved by Mayor for Submission to Council BY: 4 � (�' (�'� "l � . � � �,� � _ . I ����� DEPIIATMIN�qFF7CFJCOUNCIL DATE I ITIATED Q�_ b a C Parks and Recreatior. 07/12/96 GREEN SHEE t 6 a� INITIAVDATE INITIAUDATE CONTAQ PERSON & PHONE ' � DEPAq7MENT DIRECTOR � CT' COUNqL HOWdY'd B211 266-6415 ^�w" �CRVqTf9qNEY �CRYCIERK NUYBER FON gU9GET pIRE6'tt7R � FlN. & MGT. SERVECES DIR. MUST BE ON CAUNGL AGENDA BY (DATE) pp�NG OflOEfl MAVOR(ORA3SISTANT) � Parkc TOTAL # OP SIGNATURE PAGES 1 {CLIP ALL LOCATIONS FOR SIGNATURE) ACfION REOUESTED: Approval by the City Council of the attached resolution, holding harmless Agribank FCB Inc for letting the Division of Parks ar�d Recreation use their parking 7ot as the site for 6us Macker 3-on-3 Basketball Tournament volunteer tent. FECAMMENDATIONS: Approve (A) or Fel� (R) pERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE CAMMISSION �� Has this personRirm ever worked under a con[ract for this departmeni?y- YES NO �'iGVi.. L.� _ CIB COAAMITTEE _ —AnAFF _ 2. Has this person/frm ever been a ciry employee? 1 (� YES NO JU� t s. ��36 _ oIS7RIC7 COUR7 _ 3. Does this personHirm possess a skill noi normally possesgetl by any current city employee? SUPPORTS WF11CH COUNCIL O&fECTIVE? �'ES NO .�r���� rr!"� Explain al1 yea answers on separate sheet eed attaeh to gree� �fAea_l S'( v�i. .�,,, INITIATING PROBLEM, ISSUE, OPPORNNITV (Who, Wl�fli, When. Where, The Division lacks enough usable space in the area of Sixth St. and Jackson St. to place their volunteer tent near the "center court" area. The use of Agribank's lot will alleviate that problem. Agribank requires a hold harmless resolution in return. R�CEIVED v �•+ ADVANTAGESIFAPPROVED: Space for the City's volunteer/VIP tent and a bette����i��tba71 tournament. �����V�� DISADVANTAGES IF APPROVED: N/A i,� A�� � H DISADVANTAGES IF NOTAPPROVED' Loss of site for tent and possible loss of volunteers. TOTAI AMOUNT OF TRANSACTION $ P1 COST/REVENUE BUOGETED (C(HCLE ONE) YES NO FUNDIfiG SOURCE AC7IVITY NUMBER FINANCIAL INFORFiATION: (EXPLAIN)