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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 111111111111 ORM NIEM AN' 411 m rifrAt ritifit a I tt3 1YJ�t.� i 1M� a tt RFr�ri� ►4,1 1� t t il 1 tittt� x 411 w t lttt �i ill�I IAit ME I 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 1 inch 884 feet E u 3 PU3 1 i 1 nON Plan changes 1 F Update 8 businesses Was 18eginreview 'Contacts done I Regents appr EIS 1 4 1 Apir epd 1 Parks rollout? 1 1 Church opens 1 PA options aunr I AID Pn council review 1Research done j senior decision 1 low Council review 1 review w/staff 7- 1 -h- !Plan developed 1Comm. Group? SJOillOS POLU ---I Started 43Jeasev 1. Tili Done [PW web form Folding mach. ....._i Id /m/Neo8 Vd 18 businesses co S as v. xi o 0 1 3 i -0 1 g I t tel 1 2 o 00 -o c 0) E ...4 la. 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