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4.4 SR 07-06-2020Request for Action To Item Number Mayor and City Council 4.4 Agenda Section I Meeting Date Prepared by Consent July 6, 2020 Tina Allard, City Clerk Item Description Reviewed by Hold Harmless Agreement with Elk River Municipal Cal Portner, City Administrator Reviewed by Utilities Action Requested Approve, by motion, the hold harmless 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 training at the property located at 1627 and 1639 Main Street. The agreement is valid to December 31, 2020. Financial Impact Cost savings over $2,000 because of not having to use and travel to the Minneapolis Burn Tower. Attachments ■ Agreement The Elk River Vision A welcoming community with revolutionary and spirzted resourcefulness, exceptional service, and community engagement that encourages and inspires prosperzty City of Elk River, Minnesota 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"). of At 1. The City, acting through its police and fire department, seeks permission to use the real properties located at 1627 and 1639 Main Street, Elk River, MN (the "Property") for training its police officers and firefighters (the Training Exercises) between June 18 and December 31, 2020. 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. The City Council of __ , Minnesota duly approved this Agreement on the day Its City Clerk Whair e Elk River Municipal Utilities By: And: Its Secre ry Dated: % Zfi ZO