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MEMORANDUM <br />TO: MAYOR AND CITY COUNCIL <br />FROM: KURT GLASER, CITY ATTORNEY <br />SUBJECT: LAMOTTE PARK STORMWATER IRRIGATION AND SAINT PAUL <br />REGIONAL WATER SERVICES <br />DATE: JUNE 5,2020 <br /> <br />Summary <br />Saint Paul Water gave the City permission to place irrigation sprinklers and equipment on its <br />property. Members of the City Council asked staff to explore changing the indemnity provisions <br />required by Saint Paul Water. Changing these indemnity requirements are not practical for Saint <br />Paul Water. <br />Discussion <br />I spoke with the Staff Attorney at Saint Paul Water, Brent Marsolek. Brent explained how SPW <br />wants to be a good partner and neighbor to the City. Accordingly, SPW agreed to help the City <br />distribute stormwater by hosting water sprinklers on SPW property. This irrigation provides SPW <br />with no practical benefit. Brent went on to explain how SPW owns and manages thousands of acres <br />of land. It is not practical for them to oversee all of their property to the level of detail necessary to <br />provide indemnification for acts of their employees or contractors except where it is necessary to <br />support their water distribution operations. Since they are providing a benefit to the City by hosting <br /> agree to allow the City to put equipment on <br />their property if they are also required to oversee those operations and provide indemnity for their <br />acts. In practical terms, if the City wants to distribute stormwater on SPW property, the City will <br />need to accept the risks associated with placing its equipment on SPW property. <br />The City has the same level of protection by placing this irrigation equipment on SPW property as <br />it does where this equipment is placed on City prope <br />their leg by tripping over a sprinkler head), the <br />ill cover that damage. And, where applicable, <br />sions related to placing infrastructure on property <br />owned by a third party. <br />KBG <br /> <br />