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ITEM 3.11 Storage AgreementOtsoTe F o MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Legal Andy MacArthur, City Attorney April 24, 2017 PRESENTER(s): REVIEWED BY: ITEM #: Consent Agenda Adam Flaherty, City 3.11 I have added an automatic yearly extension of this Agreement so that we will not have to re -visit the Administrator written notice. AGENDA ITEM DETAILS RECOMMENDATION: Staff recommends that the Council approve the attached Storage Agreement between the City of Otsego, the Wright County Snowmobile Association and the Otsego Snowmobile Club for storage of the trail groomer at City Water Tower #2. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes. No. BACKGROUND/JUSTIFICATION: The City has had an ongoing agreement with the two snowmobile clubs which would allow for storage of the groomer at Water Tower #2, or other City facilities. These agreements have been approved from year to year. The Agreement for 2016 has terminated. The snowmobile clubs are asking to extend that Agreement. I have added an automatic yearly extension of this Agreement so that we will not have to re -visit the Agreement each year. The Agreement can still be terminated by the City at any time with ten (10) days' written notice. SUPPORTING DOCUMENTS: x0 ATTACHED o NONE • Storage Agreement. 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: BUDGETED: o YES NA o 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, 2017 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 Water Tower #2; 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 Water Tower #2 from April 24th, 2017 to December 31, 2017. 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. 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 the storage of the Groomer at Water Tower #2, except for claims or causes of action resulting from intentional or grossly negligent actions of the CITY, its officers, agents, employees or contractors. 5. 5. CITY makes no warranties regarding the condition of the Water Tower #2 premises, and WCSA and OSC understand that the storage space at Water Tower #2 is provided AS IS and with no warranty. 6. This Agreement is to be enforced under the laws of the State of Minnesota. This Agreement may be terminated by CITY for violation of its terms and conditions or for any other reason upon ten (10) days' written notice to both WCSA and OSC. This Agreement shall be renewed for successive additional one year terms if no notice of termination as set forth in No. 7 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. Dated: CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk Dated: WRIGHT COUNTY SNOWMOBILE ASSOCIATION LIN Its Dated: OTSEGO SNOWMOBILE CLUB By: Its