Title
Authorizing the Department of Parks and Recreation to enter into a development agreement for the financing and construction of the Center for Payne/Maryland, a unique collaboration between private and public partners.
Body
WHEREAS, the City of Saint Paul and the Payne Maryland Partnership intend to enter into a Development Agreement for the financing and construction of the Payne Maryland Center, a unique collaboration between private and public sector partners; and
WHEREAS, the project will be financed with both City and private partner money, but the construction will be overseen by the City; and
WHEREAS, the Partnership wishes to be indemnified against any loss or damage to property or any injury or death to any person resulting from a defect in the Project; and
WHEREAS, the parties are aware that the inclusion of Arlington Hills Lutheran Church as a member of the Payne Maryland Partnership and occupant of privately financed space within the building could subject the Project to a constitutional challenge under the Establishment Clause, Article I of the United States Constitution, and the Partnership wishes to be indemnified for the costs of any such litigation; and
WHEREAS, the Saint Paul City Council finds that the Payne Maryland Center has a legitimate public purpose and will provide education, social, recreational and civil engagement opportunities to the neighborhood and to the City as a whole and will foster a stronger community; and
WHEREAS, the expenditure of public funds, which includes the promise of indemnification and defense, for such a purpose will facilitate and enable it to take place; now, therefore, be it
RESOLVED, that the City Council agrees to indemnify and hold harmless the Payne Maryland Partnership, its members, officers, employees and agents against any loss or damage to property or injury to or death of any person occurring at or about or resulting from any defect in the Project; and be it
FURTHER RESOLVED, that the City Council agrees to defend, indemnify, and hold harmless the Payne Maryland Partnership, its members, officers, employees and agents from any claims, demands, suits, costs, expenses, including reasonable attorneys' fees, actions or other proceedings whatsoever arising out of, or alleged to arise out of, the actions or inactions of the City, its agents, officers, employees or independent contractors under this Agreement, or the completion of the Project, including specifically any challenge to the Project on the basis of the Establishment Clause, Article I of the U.S. Constitution.