HomeMy WebLinkAbout6.h. Agreement with Flint Hills Resources to Allow Fire Training on Two Houses located on Flint Hills PropertyAGENDA ITEM: Agreement with Flint Hills Resources to
Allow Fire Training on Two Houses
located on Flint Hills Property
AGENDA SECTION:
Consent
PREPARED BY: John Kendall, Code Compliance
Inspector
AGENDA NO. (0.h.
ATTACHMENTS: Proposed Agreement between the City of
Rosemount and Flint Hills Resources
APPROVED BY:
Doi
RECOMMENDED ACTION: Motion to approve the Agreement between the City of
Rosemount and Flint Hills Resources.
9 ROSEMOUNT
CITY COUNCIL
City Council Regular Meeting: March 3, 2009
EXECUTIVE SUMMARY
DISCUSSION
In the State of Minnesota, fire departments may be issued Fire Training Burn Permits, through the
Minnesota Department of Natural Resources, Division of Forestry, to conduct live training burns of
residential structures awaiting demolition. Live fire training in a suitable, acquired building awaiting
demolition, is an excellent means of training firefighters. This is a training burn, not a demolition
burn with the fire department standing by. In addition, a fire department member must attend the
site until the fire is extinguished and ensure proper disposal of the ash.
Flint Hills Resources has agreed to allow the City of Rosemount to use two separate houses on their
property for the purpose of fire training. The houses are located at 2571 140 Street East and 1351
Bonaire Path East. Maps of each are attached for your review.
All of the requirements have been completed except for a contractual agreement between the City
and the owner of the property. Once the Agreement is signed, we can apply to the DNR for the
Fire Training Burn Permit. The City Attorney and representatives from Flint Hills have both
approved the language in the attached agreement.
RECOMMENDATION
Motion to approve the Agreement between the City of Rosemount and Flint Hills Resources.
Agreement
THIS AGREEMENT is made and entered into on the day of January, 2009 by and
between the City of Rosemount (hereafter referred as the "City and Flint Hills
Resources, LP (hereafter referred as the "Owner
WHERE AS, the City seeks permission and authorization to use, for the purpose of fire
training, certain buildings upon Owner's property located at 2571 140 St E and 1351
Bonaire Path E in the City of Rosemount, Dakota County, Minnesota (hereinafter
referred to as the "Property and
Whereas, Owner is willing to grant permission for use of the Property for fire training
purposes;
NOW THEREFORE, City and Owner herein agrees as follows.
1. Owner hereby grants permission to the City to enter Owner's Property for the purpose
of conducting fire- training activities, consisting of entering and burning mutually
identified buildings on the Property, with the general scope and type of such activities
to be as mutually agreed upon by the parties.
2. City will provide 24 -hour advance notice to Owner of any training exercises to be
conducted on the Property, including the nature and extent of such training (the
specific time of such training exercises will be as mutually agreed upon by the
parties). This permission shall terminate on January 5th, 2010.
3. Owner acknowledges that during City's training activities, City will be destroying or
damaging mutually identified buildings on the Property. Owner agrees City shall have
no obligation to remove any debris resulting from the buildings destruction or to
restore the building in any manner after completing the training. Owner hereby
waives any claims for damages to any of the mutually identified buildings damaged
or destroyed during City's training exercise.
4. All City's training activities on the Property shall be supervised and conducted within
the proper time limits.
5. City will maintain the following insurance during the term of this agreement:
1
A. Workers Compensation coverage in accordance with the laws of the State of
Minnesota.
B. General liability insurance covering all owned, not owned and hired vehicles as
well as bodily injury and property damage, in the amount of $400,000 per
claimant and $1,200,000 for any number of claims arising out of the same
occurrence. City shall name Owner as an additional insured on such policy, and
such insurance shall be primary to and not in excess of any other insurance
available to the Owner.
Subject to the limitations of liability set forth in Paragraph 5B, City shall indemnify,
defend and hold harmless Owner from and against any and all causes of actions, claims,
demands, judgments, loss damages expense of whatsoever kind or nature (including but
not limited to litigation cost, attorneys fees and court cost) incurred by the Owner,
because of bodily injury or death sustained by any person, or property damage growing
out of or incident to City's activities on Owner's Property.
Nothing in this agreement is intended to waive the City's statutory limits of liability as
provided by Minnesota Statutes, Chapter 466. The indemnification provided herein shall
be effective to, and only to the maximum extent, scope or amount permitted by applicable
law. The parties agree that if any indemnity provisions herein is determined by a court or
arbitrator of competent jurisdiction to exceed the maximum extent, scope or amount of
indemnity allowed by the applicable law, said provision shall be construed, interpreted
and enforced so as to preserve any indemnity up to the maximum extent, scope or amount
that is permitted by the applicable law.
IN WITNESS WHEREOF, the parties have executed this agreement on the date first
written above.
"City" "Owner"
City of Rosemount Flint Hills Resources, LP
By: By:
Title: Title:
Phone: 651- 322 -2026 Phone:
2
1351 Bonaire Path E
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Disclaimer. Map and parcel data are believed to be accurate, but accuracy is not
guaranteed. This is not a legal document and should not be substituted for a title search,
appraisal, survey, or for zoning verification.
Map Scale
1 inch 1950 feet
2571 140th Street East
Disclaimer. Map and parcel data are believed to be accurate, but accuracy is not
guaranteed. This is not a legal document and should not be substituted for a title search,
appraisal, survey, or for zoning verification.
Map Scale
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14. Athletic fields and facilities:
a. ball fields at UMORE
b. new St. Joe's
c. tennis courts
d. Soccer lights at DCTC
15. Monitor and address issues as necessary Middle School after school sports and activities.
16. Tree ordinance that addresses Emerald Ash Borer threat
17. Plan/Monitor street projects
a. 42/52 interchange
b. Possible extension of Connemara to Akron Ave
18. Develop policy for Complete Streets and update trail/pedestrian plan
19. Consider policy for fiber tubing at street reconstruction.