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Date: August 21, 2017 Item No.
APPROVAL OF A HOLD HARMLESS AGREEMENT BETWEEN THE CITYOF
LAKEVILLE AND JEFFERY P. AND JOAN BERNIER
Proposed Action
Staff recommends adoption of the following motion: Move to approve a hold harmless
agreement between the City of Lakeville and Jeffery P. and Joan Bernier.
Overview
This hold harmless agreement concerns the removal of trees, pursuant to City street
reconstruction project 17-02, in the public right of way abutting property owned by the
Berniers. In this case, two trees adjacent to property owned by the Berniers were designated
for removal. One of the trees had grown such that it has damaged and shifted sidewalk
panels that will be replaced as part of the project.
To prevent further damage and allow placement of new sidewalk panels, that tree was
planned for removal. The second tree, behind the first and still in the public right of way, has
grown such that it leans over the Bernier’s property and, if it falls, may result in damage to
both public and private property. This tree was also planned for removal based on an
evaluation by the City Forester; it is considered in failing physical condition and health.
The hold harmless agreement acknowledges the Bernier’s request to keep the second tree
and stipulates that they hold the City harmless and pay for any property damage, public or
private, resulting from the second tree. Staff recommends approval of the agreement.
Primary Issues to Consider
• Why is this agreement necessary? The agreement responds to a request from the Berniers
to leave in place a tree which, based on the City’s evaluation, represents a hazard to both
public and private property and protects the City from future claims resulting from
damage caused by the tree.
Supporting Information
• A copy of the agreement is attached.
Financial Impact: $0 Budgeted: Source:
Related Documents (CIP, ERP, etc.):
Envision Lakeville Community Values: Safety Throughout the Community
Report Completed by: Chris Petree, Public Works Director