ITEM 3.10 Otsego Snowmobile Club Regarding StorageOtsTeF o
MINNESOTA g
DEPARTMENT INFORMATION
Request for
City Council Action
ORGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Legal
Andy MacArthur, City Attorney
April 11, 2016
PRESENTER(s):
REVIEWED BY:
ITEM #:
Consent Agenda
City Administrator Johnson
3.10
Utility Manager Neidermeier
AGENDA ITEM DETAILS
RECOMMENDATION:
Staff recommends that the attached revised Agreement between the City and the Wright County
Snowmobile Association and Otsego Snowmobile Club for storage of a Groomer be approved.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
I
Yes.
No.
BACKGROUNDMUSTIFICATION:
The City approved an Agreement for storage of the trail Groomer owned by the Wright County
Snowmobile Association, and in the possession of the Otsego Snowmobile Club, last year. The
Agreement was for only one year. Once again the Association and Club are requesting that the City allow
the Groomer to be stored on City property. It is my understanding that the Groomer will be stored at
the City's west water tower. The attached agreement is for storage during 2016.
SUPPORTING DOCUMENTS: x ATTACHED ❑ NONE
• Agreement between the City of Otsego, the Wright County Snowmobile Association and the
Otsego Snowmobile Club Regarding Equipment Storage.
MOTION: (Please word motion as you would like it to appear in the minutes.)
Motion to approve Agreement Between the City of Otsego, the Wright County Snowmobile Association
and the Otsego Snowmobile Club Regarding Equipment Storage.
BUDGET INFORMATION
FUNDING:
NA
ACTION TAKEN
BUDGETED: ❑ YES
❑ NO
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
AGREEMENT BETWEEN THE CITY OF OTSEGO, THE WRIGHT COUNTY SNOWMOBILE ASSOCIATION AND
THE OTSEGO SNOWMOBILE CLUB REGARDING EQUIPMENT STORAGE
THIS AGREEMENT entered this _ day of April, 2016 by and between the City of Otsego (CITY), a
Minnesota Municipal Corporation, the Wright COUNTY SNOWMOBILE Association (WCSA) and the
Otsego Snowmobile Club (OSC).
WHEREAS, WCSA owns a certain piece of equipment identified as a 2001 Pisten Bully Trail Groomer #
10157 (Groomer); and
WHEREAS the Groomer is currently in the possession of OSC; and
WHEREAS, OSC has requested that CITY store the Groomer in the CITY owned west water tower; and
WHEREAS, in exchange for storage OSC has agreed to provide grooming of CITY owned cross country ski
trails located at Prairie Park.
NOW, THEREFORE IT IS AGREED BETWEEN THE PARTIES as follows:
1. CITY shall provide storage of the Groomer at its west water tower from April_, 2016 to
December 31, 2016.
2. WCSA shall at all times during the term of this Agreement maintain the current insurance
coverage on the Groomer.
3. OSC, utilizing the Groomer, shall provide grooming of the City cross country ski trail at
appropriate times as directed by CITY.
4. WCSA and OSC shall hold harmless, defend and fully indemnify CITY, its officers, agents,
employees and contractors from any and all claims or causes of action of whatever nature
related to the storage of the Groomer within the CITY facility, except for claims or causes of
action resulting from intentional or grossly negligent actions of the CITY its officers, agents,
employers or contractors.
5. CITY makes no warranties regarding the condition of the CITY facility, and WCSA and OSC
understand that the storage facilities are provided AS IS and with no warranty.
6. This Agreement is to be enforced under the laws of the State of Minnesota.
7. This Agreement may be terminated by CITY for violation of its terms and conditions or for any
other reason upon ten (10) day's written notice to both WCSA and OSC.
Dated:
CITY OF OTSEGO
Jessica Stockamp, Mayor
Tami Loff, City Clerk
Dated:
WRIGHT COUNTY SNOWMOBILE ASSOCIATION
0
Its
Dated:
OTSEGO SNOWMOBILE CLUB
By:
Its