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ITEM 3.7 Agreement with Three Rivers Soccer Associationy� Request for Otsego City Council Action MINNESOTA DEPARTMENT INFORMATION ATIO .............. ..._._.-__.�-w—_._:w..-..::v�.::nN_nv_...:.....:,.....n...r...._....w.-.....-w.-.w_n_......._..n...............v.,-_.......--w-�-�--.-.-.--w-.--.--._.w.._-....._.-.ry-...-.-..-....-...n_...-.._..-v.._.n._._._-.._..--._.. OR lh}ATIN DEPART iE 1T; f E UE T R. MEETING DATE: Parrs and Recreation Ross Demant, Parrs and Recreation August 26.,2013 Manager PI ESE[ TER(s); REVIEWED BY: ITEM #: Consent Agenda 3.7 AGENDA iTEM DETAILS RECOMMENDATION:---._.._..--�--- City Staff recommends approval of agreement ent etween the City of Otsego and Three Kiger Soccer Association regarding storage on Qtv Pr ert . ARE YOU SEEKING APPROVAL OF A CONTRACT'S IS A PUBLIC HEAR] N I E UIRED? No No BACKG R U D/J USTI F[CATION: Three Rivers Soccer Assiati n TI SA has contributed to the cost of the soccer fiel; they will have 're 'ent access to and use of the fields; this will allow TI SA use of a portion of the soccer fields for location of a portable storage facility. SUPPORTING DOCUMENTS: X ATTACHED NONE Agreement between the City of Otsego and Three Rivers Soccer Association regarding storage on City propqqy POSSIBLE MOTION :.::,.::.:...nn.x...:...n..: _...,.:r..ry::_:....v:...._w,w. - ._....._.... ._..n-.-...-.._..- ---::-::_:.n_.:._.::.::n::n:..:.:..:..::::.:ry.A:::.::......:.......:..:...w, n ..... _....... . ....n........... ... v P[aa %yord motion a you would I[ it to appear In the minutes. Motion to approve the agreement between the City of Otsego and Three Rivers Soccer Association regarding storage on City property. BUDGET INFORMATION FUNDING: ACTION TAKEN BUDGETED; ci YES nNO Q APPROVED AS REQUESTED ci DENIED n TABLED o OTHER List changes) CITY of oTSEGo COUNTY OF WRIGHT STATS OF MINNESOTA AGREEMENT BETWEEN THE CITY of o S Go AND THREE RIVERS SOCCER ASSOCIATION RE GARDING STORAGEON CITY PROPERTY This Agreement made this day of August 2013 by and between the City of Otsego (CITY), a Minnesota municipal corporation and Three Rivers Soccer Association (TRS.), a Minnesota non-profit corporation, WHEREAS, CITY owns property locatedin the OTSEGO CITY CAMPUS whereon soccer fields have been constructed; and WHEREAS, TRSA has contributed to the cost of said fields and will have ongoing obligations related to the soccer fields; and WHEREAS, TRSA will have frequent access to and use of the fields; and WHEREAS, TRSA desires to have removable storage Facilities placed on the property for storing equipment and supplies. NOW, TH REFoREi IT IS AGREED BETWEEN THE PARTIES as follows: 1. CITY will allow TRSA use of a portion of the soccer fields for location a portable storage facility, at a location approved by the CITY. * TRSA will be allowed to continuously utilize the soccer fields for location of the portable storage facility so long as TRSA is in compliance with this r any other agreements with the City and so long as TRS . is making in extensive use of the fields. The CITY reserves the right to require removal of the storage facility upon thirty days written notice in the event that the City determines that TRSA is not in compliance with this or other Agreements, TRSA is not complying with CITY schedules or rules and regulations for use of the facilities, TRSA is not utilizing the fields, or in I tete event of sale of the property or CITY determination to make other use of the propex�y. . CI'T'Y will not responsible in any a g t for the portable fa Iimes, including any damage to the storage facilities or related loss or theft of items contained 1"n the storage facility. . TRSA will hold harks, defend and fully indemnify the CI'T'Y from any and all claims or causes of action of whatever nature related to the storage facilities, their contents, payment for the facilities or damage or loss of the facilities. TRSA will not cause any lien or encumbrance against the Cid' property due to the storage facilities. TRSA will fuller reimburse the CITY for any and all costs, including legal fees i neurred due to this Agreement or# breach of the Agreement. Dated: � 7�,?.�/� THREE RIVERS SOCCER ASSOCIATION Bys -� -- e X Ole ei Dated: CITY of OSLO Vem Heidner, Acting Mayor Tauri Loft', City Clerk 2