HomeMy WebLinkAbout6.h. Approval of Storage Agreement with Dakota County E X E C U T I V E SUMMARY
CITY COUNCIL a
City 'Council Meeting: March,6 2012 •
AGENDA ITEM: Approval of Storage Agreement with A END ECTI N:
Dakota County ' � MA'
PREPARED BY: Gary D. Kalstabakken, Chief of Poli AGENDA NO. //,. , ,,_ ,
ATTACHMENTS: Agreement APPROVED BY:
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RECOMMENDED ACTION: M otion to'approve a storage agreement with - Dakota County .
and,authorizing Mayor Droste to execute the agreement.
ISSUE
Two vehicles owned by the City of Rosemount are stored at the Dakota County Transportation Facility. ' {,
An agreement is requested by the County to delineate insurance and liability coverage for' the vehicles that
, aie stored.at the County's facility. , N
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BACKGROUND.
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The. City of Rosemount owns two (2) vehicles that>are assigned for use by the Multi- Agency Assista
Group (MAAG), which is a combined tactical team. Both vehicles were obtained through grants and
intended to be used for MAAG purposes. These vehicles are kept. at the Dakota County Transportation
Facility to allow access for MAAG Members. The provides a common area for MAAG vehicles
4 and equipment to be stored. ' -
'' This agreement was drafted by the Dakota County Attorney's Office and has been reviewed and approved. .N..
by City Attorney Lefeveke. r`.
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RECOMMENDATION z , .,
Staff recommends approval°of the agreement. . ,
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r. DAKOTA COUNTY PROPERTY STORAGE'AGREEMENT '
Dakota County Storage Facility: . _ s
. Empire Transportation Facility, 2800160th St W., Rosemount, MN 55068 - (Premises)
Occupant's Name City of Rosemount ,
Street Address: 2875 145 Street West City: Rosemount" Zip: 55068
, °+ Primary Contact: Gary Kalstabakken Primary phone: 651 - 423 -4491
Secondary Contact: Jewel Ericson ' Secondary phone: 651 - 423 - 4491.
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T agreement is solely for the purpose of storage of the following vehicle /equipment: ' `
'. ,License plate # POLICE . r
Description: 2005 Ford E450 Van
License plate # POLICE
Description: 2008 Ford F579
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1. Vehicle /equipment owner responsible for carrying insurance:
..,. " Occupant is the owner of the above described vehicle /equipment` Dakota County and Occupant
agree to its storage at the Dakota County Empire Transportation Facility according to the terms of this
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Agreement. -
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Dakota County recommends that Occupant/Owner of above vehicle /equipment obtain insurance ,
against theft, loss, or damage of said property to be stored as described herein, for the full value of n
the property during the storage agreement term. ,
a Dakota County as the owner of storage facility does not provide insurance for any loss, from
cause to any personal property owned by the occupant and stored on the premises.
2. Use of the premises:
Occupant use of the space is for purposes of personal property storage. No items may be stored t
upon the premises that would violate Owner's premises insurance coverage or cause Owner's
property insurance rates to increase:
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3. Indemnification of Dakota County: 'rt
Dakota County shall have no liability for any loss or damage to an property of the occupant stored
on the premises or otherwise caused-by acts of third parties, by any forces of nature or otherwise.
The City agrees to assume all risks of damage to the vehicle from'storing the vehicle at the County,
facility and waives all claims against the County, its officers, agents and employees for damages to
the City's vehicle occurring at the facility. Occupant'will further indemnify Dakota County for any
damage caused by the Occupant to the premises during the occupation and use thereof. Nothing
herein shall be deemed a waiver by Occupant of the limitations on liability set forth in Minnesota
Statutes, Chapter 466; and the City shall not be required to indemnify and hold harmless Dakota
County for amounts in excess of the limitations on liability set forth in Minnesota Statutes, Section
466.04.
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d DAKOTA COUNTY PROPERTY
STORAGE AGREEMENT 12 -22 -11 ; ,
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Dakota County and the Occupant each hereby waives any and all rights of recovery against the other,
its officers, members, agents and employees, occurring on or arising out of the use and occupation of
the Premises or the Building to the extent such loss or damage is covered by proceeds received from
insurance carried by the' other party. This waiver of subrogation provision shall be limited to loss or ,
damage to the property of Dakota County and Occupant. Dakota County 'and Occupant shall each
indemnify theother against any loss or expense', including reasonable attorneys' fees, resulting from
the failure to obtain such waiver. The above mutual waivers will preclude the assignment of any
aforesaid claim by way of subrogation to an insurance company.
Occupant agrees to the terms and conditions as set forth in this•Agreement as witnessed by the
signatures of the authorized agents set forth below., '
FOR DAKOTA COUNTY t FOR THE OCCUPANT
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(I represent and warrant that I am authorized by
law to execute this contract and legally bind the
Occupant).
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By: By: _
W. Taud Hoopinga'rner, Director William Droste, Mayor
Dakota County Operations Management City of Rosemount
1590 Highway 55 2875 145 Street West
Hastings, MN 55033 Rosemount, MN 55068
(651) 438 -4416 651- 423 -4411
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Date of `Signature: Date of Signature: _ ,
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Contract Number:
K/K11 -328 PROPERTY STORAGE' AGREEMENT 2 -17 -12
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DAKOTA COUNTY PROPERTY
STORAGE AGREEMENT 12 -22 -11 ,e
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