4.7. SR 05-01-2017Request for Action
To Item Number
Mayor and City Council 4.7
Agenda Section Meeting Date Prepared by
Consent May 1, 2017 Aaron Surratt, Deputy Fire Chief
Item Description Reviewed by
Hold Harmless Agreement with Elk River Cal Portner, City Administrator
Municipal Utilities
Reviewed by
Action Requested
Approve, by motion, the attached agreement.
Background/Discussion
Attached is a hold harmless agreement between Elk River Municipal Utilities and the City of Elk River to
allow Police and Fire Department training at their property located at 1437 Main Street.
Training will take place until June 24, 2017, with the total destruction of the property.
Financial Impact
Cost savings of $1,500 as a result of not having to use and travel to the Minneapolis Burn Tower.
Attachments
Agreement
AGREEMENT 2017-07
Hold Harmless Agreement between Elk River Municipalities and the City of Elk River
This Agreement (the “Agreement”) is made between the City of Elk River, Minnesota (the “City”) and
Elk River Municipal Utilities (the “Utilities”), (collectively, the “Parties”).
1. The City, acting through its police and fire department, seeks permission to use the real property
located at 1437 Main Street, Elk River, MN (the “Property”) for training its police officers and
firefighters (the Training Exercises) on or about May 1 – June 24, 2017.
2. The Property is owned by the Utilities. The Utilities hereby authorize the City to use the Property
for the Training Exercises at no charge.
3. The Utilities make no warranties as to the condition of the Property. The City agrees to use the
Property “as is” and assumes all risks, both known and unknown, related to its use of the Property
for the training exercises.
4. The City agrees to maintain liability coverage with the League of Minnesota Cities Insurance
Trust at all times during the Training Exercises.
5. In consideration of being allowed to use the Property, the City agrees to defend and indemnify the
Utilities for all claims arising against the Utilities related to the City’s use of the Property for the
Training Exercises.
6. The City agrees to waive all claims against the Utilities for damage to City property or injury to
City employees that occur during the Training Exercises.
7. The City shall not be responsible for any physical damage to the Property and its contents that
occur during the Training Exercises and the Utilities waive any claim against the City for damage
to the Property.
IN WITNESS WHEREOF, the Parties caused this Agreement to be approved on the dates below.
st
The City Council of Elk River, Minnesota duly approved this Agreement on the 1 day of May, 2017.
By: ______________________________
Its Mayor
And: _____________________________
Its City Clerk
Approved by the Elk River Municipal Utilities on _________________________.
By: ______________________________
Its Chair
And: _____________________________
Its Secretary
Dated: ___________________________