ITEM 3.5 Agreement between Otsego and Lions regarding old city hallP
0tSTe F o
MINNESOTA CDP
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Administration
Lori Johnson, City Administrator
December 8, 2014
PRESENTER(s):
REVIEWED BY:
ITEM #:
Consent
Andy MacArthur, City Attorney
3.5
AGENDA ITEM DETAILS
RECOMMENDATION:
Recommend adoption of the attached agreement between the City of Otsego and Otsego Lions for use
of the Old City Hall.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
Yes
IS A PUBLIC HEARING REQUIRED?
No
BACKGROUND/JUSTIFICATION:
At the November 24, 2014, City Council meeting, the City Council directed staff to draft an agreement
between the City and the Otsego Lions Club that allows the Otsego Lions use of a vacant City facility for
storage for Santa Anonymous, a charitable non-profit community activity. Santa Anonymous benefits
Otsego and area residents who are in need. The Otsego Lions Club is partnering with CAER to continue
providing this important community service.
City Attorney Andy MacArthur drafted the attached Agreement Between the City of Otsego and Otsego
Lions (Agreement) specifying the terms of the use of the facility. Otsego Lions' President Bill Christian
has reviewed the attached Agreement and stated he is prepared to sign the Agreement.
SUPPORTING DOCUMENTS: X ❑ ATTACHED ❑ NONE
• Agreement Between the City of Otsego and Otsego Lions
POSSIBLE MOTION
Please word motion as you would like it to appear in the minutes.
Motion to approve the Agreement Between the City of Otsego and Otsego Lions as attached.
BUDGET INFORMATION
FUNDING: BUDGETED: ❑ YES
N/A
❑ NO
ACTION TAKEN
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
AGREEMENT BETWEEN THE CITY OF OTSEGO AND OTSEGO LIONS
THIS AGREEMENT made this _ day of December, 2014 by and between the City of Otsego (CITY), a
Minnesota Municipal corporation and the Otsego Lions, Inc. (LIONS), a Minnesota Non -Profit
Corporation.
WHEREAS, CITY owns a building formerly used as a Town Hall/ City Hall that is currently vacant and that
would be conducive for use as storage; and
WHEREAS, LIONS desire to store certain items related to a charitable community activity known as
Santa Anonymous; and
WHEREAS, CITY believes that the charitable activity undertaken by the LIONS 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
December 22, 2014 to December 31, 2015.
2. CITY provides the facility AS IS and makes no warranty that the facilities are 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. LIONS understand the above and agree 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 the items therein stored.
5. CITY will provide access to the facility to LIONS to store and retrieve the items, LIONS 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 facilities, except for intentional or grossly negligent actions
of the CITY, its officers, agents or employees.
6. Access shall be provided to the LIONS at the sole discretion of the CITY. LIONS shall notify the
CITY at least 24 hours of any request to enter the facility.
7. LIONS shall insure its officers, agents and volunteers as well as all items stored within the facility
and shall provide CITY proof of such insurance prior to making use of the facility.
8. This Agreement can be terminated by CITY at any time and for any reason upon ten (10) days
written notice to LIONS.
CITY OF OTSEGO
Vern Heidner, Vice Mayor
Tami Loff, City Clerk
OTSEGO LIONS
By:
Bill Christian, President
By:
Deana Ward, Secretary