ITEM 3.7 Storage Items for Prairie Festival0tCITY F o
MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Administration
City Attorney MacArthur
September 24, 2018
PRESENTER(s)
REVIEWED BY:
ITEM #:
Consent
City Administrator/Finance Director Flaherty
3.7
STRATEGIC VISION
MEETS:
I THE CITY OF OTSEGO:
X
Is a strong organization that is committed to leading the community through innovative
communication.
IS A PUBLIC HEARING REQUIRED?
Has proactively expanded infrastructure to responsibly provide core services.
No
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
The City of Otsego was approached by the Otsego Rod and Custom car club with a request to store certain
Is a social community with diverse housing, service options, and employment opportunities.
property are owned by the Otsego Rod and Custom car club for the sole purpose of hosting the car show
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff is recommending that the City Council approve an agreement between the City of Otsego and
Otsego Rod and Custom regarding storage of items for the Otsego Prairie Festival.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
Yes
No
BACKG RO U N D/J USTI F I CATI O N:
The City of Otsego was approached by the Otsego Rod and Custom car club with a request to store certain
items in the old Township Hall building owned by the City. The items requesting to be stored on City
property are owned by the Otsego Rod and Custom car club for the sole purpose of hosting the car show
during the annual Otsego Prairie Festival. The items are provided to the City for use during the Otsego
Prairie Festival free of charge. City Attorney MacArthur has drafted the attached agreement for
consideration by the Council.
SUPPORTING DOCUMENTS ATTACHED:
• Draft Agreement
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES:
Motion to approve the agreement between the City of Otsego and Otsego Rod and Custom regarding
storage of items for the Otsego Prairie Festival.
BUDGET INFORMATION
FUNDING: BUDGETED:
N/A
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
AGREEMENT BETWEEN THE CITY OF OTSEGO AND OTSEGO ROD & CUSTOM
THIS AGREEMENT made this _ day of September, 2018 by and between the City of Otsego (CITY), a
Minnesota Municipal corporation and the Otsego Rod & Custom (CAR CLUB).
WHEREAS, CITY owns a building formerly used as a Town Hall/ City Hall that is currently partially vacant
and that would be conducive for use as storage; and
WHEREAS, CAR CLUB desires to store certain items related to the annual CITY sponsored Otsego Prairie
Festival, specifically; three (3) pop-up tents, Four (4) folding chairs, two (2) wooden sandwich board
signs, one (1) metal sign with stand, ten (10) folding tables, and one (1) green plastic storage tote
(STORED EQUIPMENT); and
WHEREAS, CAR CLUB provides the STORED EQUIPMENT for CITY use annually free of charge during the
Otsego Prairie Festival, which benefits the City and its residents and promotes the general health, safety
and welfare of its citizens; and
WHEREAS, CITY desires to allow use of its vacant facility for storage under the following terms and
conditions.
NOW, THEREFORE IT IS AGREED between the Parties as follows:
1. CITY will make available the facilities for storage of the following described specific items from
September 25, 2018 to September 25, 2019.
2. CITY provides the facility AS IS and makes no warranty that the facility is adequate for the
storage requested.
3. CITY specifically indicates that it does not guarantee that the facility will be dry or free from
insects, vermin, mold or any other condition that may adversely affect the items stored.
4. CAR CLUB understands the above and agrees to waive any claims or causes of action and hold
harmless the CITY from any claim or third party claim related to the condition of the facility and
damage to or theft of the items therein stored.
5. CITY will provide access to the facility to CAR CLUB to store and retrieve the items, CAR CLUB will
be solely responsible for any claim or cause of action related to activities within the facility by its
officers, employees or agents and shall hold harmless the CITY from any such claim or cause of
action and shall indemnify the CITY to the full extent permitted by law from any such claim or
cause of action related to use of the facility, except for intentional or grossly negligent actions of
the CITY, its officers, agents or employees.
6. Access shall be provided to the CAR CLUB at the sole discretion of the CITY. CAR CLUB shall
notify the CITY at least 24 hours of any request to enter the facility.
7. If the STORED EQUIPMENT is covered under any existing insurance policy held by the CAR CLUB,
that insurance shall remain in force and effect during the term of this Agreement.
8. This Agreement can be terminated by CITY at any time and for any reason upon ten (10) days
written notice to CAR CLUB.
9. This agreement shall be renewed for successive one-year terms if no notice of termination as set
forth in No. 8 above is served prior to the termination date of this Agreement. The Agreement
or extension of the Agreement can still be terminated by CITY upon ten (10) days written notice.
CITY OF OTSEGO
Vern Heidner, Vice Mayor
Tami Loff, City Clerk
OTSEGO ROD & CUSTOM
James Stockamp
Aaron Stritesky