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HomeMy WebLinkAboutItem 06.n March 7, 2016 Item No._____ HOLD HARMLESS AGREEMENT FOR POLLING PLACE Proposed Action Staff recommends adoption of the following motion: Move to approve a Hold Harmless Agreement with the Church of Jesus Christ of Latter-Day Saints, 18460 Kachina Court. Passage of this motion fulfils a request by church representatives for the City’s use of their building on August 9 and November 8, the 2016 Primary and General Election. Overview The Church of Jesus Christ of Latter-Day Saints serves as a polling place for Lakeville Precinct 9. This year, several churches and school districts are requiring the City to furnish proof of liability insurance for the use of their facilities. In addition to the certificate of insurance, this property owner has asked the City to sign a Hold Harmless Agreement. The city attorney reviewed the agreement and has no objection to its approval. Primary Issues to Consider Church representatives have gone above and beyond in the past to make their facility available for Lakeville voters. The City appreciates their cooperation. Supporting Information Charlene Friedges, City Clerk Financial Impact: $____________Budgeted: Y/N ____ Source: __________________ Related Documents (CIP, ERP, etc.): _______________________________________ Community Values: A Sense of Community and Belonging ________________ Hold Harmless Agreement Property User: Property location or description: Property to be used solely for: Date(s) property to be used: Time(s) property to be used: Liability insurance company: Policy number: Combined single limit coverage amount: Date: Property User: By: Title: © 1998, 2009, 2016 IRI. All rights reserved. 2/16. Printed in the USA. In consideration for the permission granted by Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints or other affiliated property owner (the “Property Owner”) to use the above-described property, the Property User assumes and accepts, to the fullest extent permitted by law, all risks of injury to itself and its guests, invitees, and licensees, whether to person or property, including but not limited to any injuries caused by the condition of the property, the use of the property by the Property User, or the ordinary negligence of the Property Owner. The Property User shall use the property for the above-described uses and for no other purposes, unless the Property Owner gives its prior written consent to another use. The Property User shall promptly repair any damage to the property or the Property Owner’s improvements located thereon that are caused by the use of or entry onto the property by the Property User or its guests, invitees, or licensees. The Property User further agrees, to the fullest extent permitted by law, and subject to the limitation and immunities in Minnesota statutes charter 466 which are not waived and which is incorporated herin, to indemnify, hold harmless, and defend the Property Owner, its affiliates, members, agents, servants, employees, officers, and representatives (the “Indemnitees”) from any and all claims for injury or damage, whether to person or property, including damage or injury caused by the ordinary negligence of the Indemnitees, arising or alleged to have arisen out of the condition of the property or the use of the property by the Property User, its guests, invitees, or licensees. The Property Owner makes no representations as to the fitness of the property for any particular purpose. The Property User accepts the property as is. The undersigned represents and warrants that the Property User has currently in effect and will maintain the liability insurance described above, with the Property Owner named as an additional insured, and that the undersigned is duly authorized to execute and deliver this agreement and thereby bind the Property User. This agreement shall be governed by the laws of the State of Minnesota, without reference to conflict-of-laws principles. Should any provision of this agreement be deemed unenforceable, the remaining provisions shall continue in force. In any action to enforce this agreement, the prevailing party shall be entitled to its reasonable costs, including attorney’s fees. City of Lakeville, 20195 Holyoke Ave. W, Lakeville, Minnesota, 55044 Primary and General Election Polling Station Primary and General Elections dates by statute Setup at noon the day before through cleanup at noon the day after each election date 18460 Kachina Ct, Lakeville, Minnesota 55044 First National Insurance CMC38657 (0200059930 - Worker's Comp) $2,000,000.00 ($1,500,000.00 - Worker's Comp) City of Lakeville, 20195 Holyoke Ave. W, Lakeville, Minnesota, 55044