Loading...
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