HomeMy WebLinkAbout6.g. Indemnification Agreement - Security FencesCITY OF ROSEMOUNT
EXECUTIVE S'UMSARY FOR ACTION
CITY COUNCIL MEETING TE: October 6, 1992
AGENDA ITEM: Indemn'fication
Agreement -
AGENDA SECTION:
Security
Fences
NEW BUSINESS
PREPARED BY Lisa Freese
AGENDAT. M
1iYJ # 6 G
Director
of Planning
ATTACMUMS Indemn'fication
Agreement.
APPROVED BY,:
On June 16, 1992, the City Council adopted an amendment to the Zoning
Ordinance allowing security fences in the IG (General Industrial) and WM
(Waste Management) Zoning District. When barb wire is used on'a
security fence the ordinance requires that the property owner submit a
Certificate of Insurance indemnifying the City from any liability.
At the 'Planning Department's request, City Attorney Mike Miles has
drafted an INDEMNIFicATioN AGREEMENT that must be executed when a building '
permit is issued for a security fence with barb wire. This agreement
would be signed by the property owner or leasee. The Building Official
and Director of Planning would be responsible for administering this
agreement.
Planning staff reqUests.your authorization to use this Agreement
document for administrative purposes.
RECOMEMED ACTION:
Agreement document
A MOTION to authorize use of this Indemnification
for administrative purposes.
COUNCIL ACTION:'
104)6-92.005
demnification Agreement
THIS AGREE*NT is made between the CITY OF ROSEMOUNT, ("CrrY") and
Social Security No.
RECITALS:
1. DEVEL
Federal I.D. No.
_, ("DEVELOPER") ("CONTRACTOR").
has petitioned MY for the development of:
2. CrrY has (approved, subject to compliance with all applicable laws and City
Ordinances, the DEVI
3. DEVE
in Section 7.2 l.h, O.
4. CrrY,
indemnified by DEVEL(
fence and barbed wire.
THEREFORE,
1.
CrrY from any and all
DEVELOPER'S construc
2. INSUR)
by providing insurance,
is attached and incorpoi
3. ADmm
0
the c
plans to encircle the DEVELOPMENT with a security fence as defined
z B, City of Rosemount Zoning Ordinance.
approving DEVELOPER'S plans, must be held harmless and
from any claims and liabilities resulting from installation of the
IT IS AGREED AS FOLLOWS:
'ICATION. DEVELOPER shall save and hold harmless and indemnify
aims and causes of action of whatever nature arising from
n of and maintenance of the fence encircling the DEVELOPMENT.
:E. DEVELOPER shall underwrite the obligations set forth in Section 1
ncluding the CITY as a named insured, as set forth in Exhibit A, which
herein.
r. This Agreement may not be assigned by either parry without
of the other.
B. SEVERABiLrrY. If any sentence or clause of this Agreement is determined
to be unenforceable, the remainder of the provisions of this Agreement shall
be o full force and effect.
C. APP ICABLE LAw. This Agreement shall be governed by the laws of the
be bound thereby.
DRAFTED BY. -
J. Michael Miles
Fluegel, Moynihan, &
Attorneys at Law
1303 South Frontage 1
Hastings, MN 55033
of Minnesota.
The CrrY and DEVELOPER have executed this Agreement intending to
s, P.A.
CITY OF ROSEMOUNT, a Minnesota Municipal
Corporation
E.B. McMenomy, Mayor
Susan M. Johnson, City Clerk
(DEVELOPER/CONTRACTOR)
By:
Its:
By:_
Its:
2