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ITEM 3.12 Agreement with Residents for City vehicle turn around0 tSTe F(r/'J�O MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Legal Andy MacArthur, City Attorney November 14, 2016 PRESENTER(s): REVIEWED BY: ITEM #: Consent Agenda Interim City Administrator 3.12 AGENDA ITEM DETAILS RECOMMENDATION: Staff recommends that the City Council approve the attached form agreement between the City and certain property owners on 62nd Street allowing for City vehicle turn around in private driveways. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes. No. BACKGROUND/JUSTIFICATION: The City has been providing limited maintenance and snowplowing to this street for a period of time. A proposed improvement project was reviewed about ten years ago wherein the street would be appropriately sized, provided curb and gutter and a turn- around would be constructed. This project was never completed due to the cost and residents resistance to supplying needed easements. A turn- around would impact the yards, mailboxes and driveways of the property owners at the end of the street. The matter was recently brought up again and reviewed by the City public works subcommittee. The City Street Operations Manager indicated that the City could continue at its present state of maintenance and snow plowing so long as the City could continue using private driveways to turn around at no risk. City staff recommended and the subcommittee approved continuing minimal maintenance and snowplowing subject the property owners signing an agreement to hold harmless the City from any liability for such use. The attached Agreement is in blank form and would be agreement that would be signed by all individual property owners. SUPPORTING DOCUMENTS: xo ATTACHED ❑ NONE • Proposed Agreement with 62nd Street residents. • Exhibit MOTION: (Please word motion as you would like it to appear in the minutes.) Motion to approve the form Agreement regarding liability for City use of private driveways on 62nd Street. BUDGET INFORMATION FUNDING: �` � - ��� uLL � __ V BUDGETED: ❑YES CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA AGREEMENT BETWEEN CITY OF OTSEGO AND PROPERTY OWNERS ON 62ND STREET REGARDING USE OF DRIVEWAYS FOR TURN AROUND OF CITY EQUIPMENT THIS AGREEMENT made this _ day of November, 2016 by and between (PROPERTY OWNERS) and the City of Otsego (CITY), a Minnesota municipal corporation. WHEREAS, PROPERTY OWNERS desire continued City snowplowing of the street; and WHEREAS, there is insufficient area for City vehicles to turnaround within the existing right of way; and WHEREAS, PROPERTY OWNERS desire that City vehicles use their existing driveways to turn equipment around in order to facilitate snowplowing; and WHEREAS, this Agreement affects that real property in Wright County, Minnesota described as follows: (See Exhibit A). NOW, THEREFORE IT IS AGREED between the Parties as follows: PROPERTY OWNERS hereby agree to grant to CITY a perpetual right of entry and right of trespass over their driveway as depicted on attached Exhibit A for purposes of turn around and maneuvering of CITY snow removal equipment. PROPERTY OWNERS agree to waive any and all claims of any nature and hold harmless and indemnify the CITY its officers, employees, agents or contractors from any and all claims or causes of action of whatever nature related to and arising from CITY use of the driveway as designated, except for claims arising from intentional or grossly negligent actions of the CITY its officers, employees agents or contractors. The above includes, but is not limited to any property damage and damage to the driveway or lawn area. This Agreement runs with title to the property and is a continuous obligation of heirs, devisees, assignees and successors in title to the property and shall be recorded against the benefited property. 4. This Agreement is to be construed under the laws of the State of Minnesota and may be enforced through the Minnesota District Court in Wright County, Minnesota. In the event that the City is required to take action to enforce the terms and conditions of this Agreement, PROPERTY OWNERS shall pay all costs incurred by CITY in enforcing the Agreement including reasonable attorney's fees. CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk PROPERTY OWNERS