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