4.9. SR 11-16-2020
Request for Action
To Item Number
Mayor and City Council 4.9
Agenda Section Meeting Date Prepared by
Consent November 16, 2020 Brandon Wisner, Engineering Project Manager
Item Description Reviewed by
Alba Ridge License Agreement Peter Beck, City Attorney
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve, by motion, the attached License Agreement with Robert Hoffman.
Background/Discussion
At the September 21, 2020, City Council Work Session, staff was directed to draft a protocol and license
agreement with Robert Hoffman to cover the process of notification and process to allow Mr. Hoffman to
inspect the Trott Brook via all-terrain vehicle for the presence of beavers and associated dams. The protocol is
included within the license agreement.
Mr. Hoffman has reviewed the attached license agreement and found it to be acceptable.
Financial Impact
N/A
Mission/Policy/Goal
Work with citizens to achieve goals
Attachments
License Agreement with Robert Hoffman at Alba Ridge Park
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: August 2020
LICENSE AGREEMENT
THIS LICENSE AGREEMENT (“Agreement”) is made this ____ day of
________________, 20___, by and between the CITY OF ELK RIVER, MINNESOTA, a
Minnesota municipal corporation (“Licensor”) and ROBERT HOFFMAN (“Licensee”).
RECITALS
A. Licensor is the owner of a public park within the City of Elk River known as Alba
Ridge Park (the “Park”).
B. Licensee has requested Licensor grant a license to Licensee to cross over that
portion of the Park depicted in Exhibit A attached hereto (the “License Area”).
C. Licensor agrees to grant Licensee the right to cross over the License Area for the
limited purpose and upon the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the Recitals and the agreements contained
herein, Licensor and Licensee agree as follows:
1. License. Licensor hereby grants Licensee, subject to the terms and conditions of
this Agreement, a non-exclusive license (the “License”) to cross the License Area.
2. No Interest in License Area. Licensee acknowledges and agrees that this
Agreement does not grant Licensee any estate or other interest in the License Area or any part
thereof, except the License expressly described herein.
3. Permitted Uses. The License Area may be used by Licensee solely for the purpose
of traveling across the License Area by foot or an all-terrain vehicle for the limited purpose of
inspecting Trott Brook for Beaver dams. Under no circumstances, at any time, shall Licensee
place any temporary or permanent structures in the License Area. Nor shall Licensee do any dam
removal, excavation or undertake any other activities in the License Area or Trott Brook without
the prior written approval of Licensor.
4. Protocol if beaver activity and beaver dam is present.
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A. Mr. Hoffman calls City Park Maintenance Superintendent or designee if
above is observed.
B. Listed park staff would call trapper within 8 hours of notice from Mr.
Hoffman (during normal business hours). If on a weekend, park staff will call on the next
business day.
C. If applicable, park staff requests permission needed for trapping and beaver
dam removal authority from local Department of Natural Resources Conservation Officer.
D. Beaver is trapped and removed.
E. Park staff is notified of beaver eradication and schedules dam eradication
from the Public Water (Trott Brook):
i. Upon notification of completion of the beaver eradication, City
staff, with authority from local Department of Natural Resources
Conservation Officer, will open dam to enhance/maintain the
hydrologic capacity of the Trott Brook within 10 business days
from said notification.
ii. Until dam is eradicated, Robert Hoffman, with documented
regulatory approval, has permission to open dam with silage fork
(non-motorized equipment) to enhance/maintain the hydrologic
capacity of the Trott Brook.
5. Limitation of Liability. Licensee acknowledges that its use of the License Area is
subject to Licensor’s right to access and use the License Area at any time for purposes related to
the operation and maintenance of the Park. Licensee acknowledges that Licensor’s activities in
the Park may impact Licensee’s use of the License Area and may result in damage to Licensee’s
vehicles or property located in or on the License Area. Licensor shall not be responsible or liable
to Licensee for any injury, loss or damage to Licensee or its property, or anyone claiming by or
through Licensee, and Licensee assumes all risk of injury, loss or damage to Licensee or its
property when located in the License Area.
6. Maintenance. Licensee agrees that it’s use of the License Area will comply with
all applicable laws, rules and regulations and that Licensee shall minimize its impact on the License
Area and leave the License Area in the condition reasonably required by Licensor.
7. Indemnity. Licensee shall defend, indemnify and save Licensor and its officers,
employees and agents harmless from and against all liabilities, losses, obligations, claims, suits,
damages, penalties, causes of action, costs and expenses (including without limitation, court costs
and reasonable attorneys’ fees) arising from or relating to Licensee’s use, occupancy or operation
of the License Area or any part thereof by Licensee, or any failure on the part of Licensee to
perform or comply with any of the terms of this Agreement, or any injury, death, disability or
damage to any person or property occurring in or on the License Area in connection with
Licensee’s use of the License Area, or any act or omission by Licensee or anyone claiming by or
through him.
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8. Insurance. Licensee shall, at Licensee’s sole cost and expense, maintain general
public liability insurance against claims for personal injury, death or property damage occurring
upon, in or about the License Area, such insurance to afford protection to the limit of not than
$1,000,000.00 in respect to injury or death to a single person, and to the limit of not less than
$3,000,000.00 in respect to any one accident, and to the limit of not less than $500,000.00 in
respect to any property damage and shall name Licensor as an additional insured.
All policies of insurance shall be written in companies that are qualified to do business in
the State of Minnesota with a minimum AM Best Rating of at least A-. Licensee shall procure and
deliver to Licensor certification from the respective insurance companies indicating that the
insurance to be maintained by Licensee is in force. Such certificate shall require the insurance
companies to give thirty (30) days’ advance notice to Licensor of any cancellation or modification
of coverage.
Licensee agrees that such policy or policies shall contain a waiver of subrogation clause as
to Licensor. Licensee waives, releases and discharges Licensor from all claims or demands
whatsoever which Licensee may have or acquire in the future arising out of damage to or
destruction of the License Area.
9. Assignability. This Agreement, and the Licenses herein granted, may not be
assigned or transferred to any third party by Licensee and shall automatically terminate if any
effort is made to assign it.
10. Termination. Licensor may terminate the License granted by this Assignment for
any reason, in its sole discretion, upon five (5) days’ written notice from Licensor to Licensee. In
addition, Licensor may terminate the License granted by this Agreement immediately upon notice
to Licensee, if Licensor determines, in its sole discretion, that it is necessary to do so. Licensee
may terminate this Agreement at any time, upon written notice to Licensor.
11. No Waiver. No waiver of any breach or any agreement, covenant or restriction
contained herein shall be construed to be a waiver of any other or future breach of the same or
other covenants or restrictions.
12. Notice Addresses. All notices shall be sent by registered or certified mail addressed
as follows:
Licensor: Park Maintenance Superintendent
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Licensee: Robert Hoffman
Either party may, by such notice, designate a new or other address to which notice may be mailed.
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IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of
the date first written above.
LICENSOR:
CITY OF ELK RIVER
By:
Its: Mayor
By:
Its: City Clerk
LICENSEE:
Robert Hoffman
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EXHIBIT A
The License Area
A-1