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AGREEMENT WITH LAKEVILLE SNO-TRACKERS SNOWMOBILE CLUB FOR GROOMING AND
MAINTENANCE OF LAKEVILE CROSS COUNTRY SKI AND SNOWMOBILE TRAILS
THIS AGREEMENT made this 2nd day of December 2019, by and between the CITY OF LAKEVILLE,
a Minnesota municipal corporation (“City”) and LAKEVILLE SNO-TRACKERS (“Club”). City and Club, in
consideration of the mutual covenants set forth herein, agree as follows:
1. CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract
Documents”, all of which shall be taken together as a whole as the contract between the parties as if they
were set verbatim and in full herein:
A. This Agreement,
B. Resolution between the City of Lakeville and Minnesota Department of Natural Resources
authorizing submittal of grant applications,
C. Grant in Aid application for 2019-2020 season.
D. State of Minnesota Grant Contract Agreement Cross-Country Ski Grant-In-Aid Program FY
2020 Maintenance and Grooming Grants
E. State of Minnesota Grant Contract Agreement Snowmobile Grant-In-Aid Program FY
2020 Maintenance and Grooming Grants
2. TERM. The term of this Agreement shall be for a period of one (1) cross-country ski and
snowmobile season beginning on November 1, 2019 and terminating on May 31, 2020.
3. SERVICES. The City agrees to sponsor the Lakeville Sno-Trackers Snowmobile Club, certify that
various benchmarks have been met, and administer grant funds from the State of Minnesota. The
Contractor agrees to maintain all designated cross-country ski and snowmobile trails from season open
to season close, submit accurate volunteer logs for reimbursement and maintain landholder permits.
4. COMPENSATION. The Club will submit to the City grooming logs for the work performed on the
trails. The City agrees to pay the Club its share of any funds received by the City from the State of
Minnesota for cross-country ski and snowmobile trail maintenance, based on the total funds expended
on the trail. The Club will assume the remainder of its operating costs. Under no circumstances shall the
City be liable to the Club for costs incurred under this Agreement.
5. INDEMNIFICATION. The Club shall hold harmless, indemnify, and defend the City, its officials,
agents and employees against any and all claims, expenses including reasonable attorney fees, losses,
damages or lawsuits for damages arising from or related to the design, construction, or maintenance of
the trail, inadequate or insufficient warning and information signs, damages incurred by landowners or
others by providing or failing to provide services hereunder, including but not limited to the negligence of
the Club.
6. INSURANCE. The Club shall procure and maintain in full force and effect during the term of this
Agreement insurance coverage for injuries to person or damages to property which may arise from or in
connection with the performance of the work hereunder by the Club, its agents, representatives,
employees or subcontractors. The minimum amount of insurance should be as follows:
A. General Liability. The Club agrees to maintain commercial general liability insurance in a
minimum amount of $1,000,000 per occurrence; $2,000,000 annual aggregate. The policy
shall cover liability arising from premises, operations, products-completed operations,
personal injury, advertising injury and contractually assumed liability. The City shall be
endorsed as an additional insured.
B. If the Club operates a motor vehicle in performing the Services under this Agreement, the
Club shall maintain commercial automobile liability insurance, including owned, hired, and
non-owned automobiles, with a minimum liability limit of $1,000,000 combined single limit.
The Club’s policies shall be primary insurance to any other valid and collectible insurance available to the
City with respect to any claim arising out of the Club’s performance under this Agreement.
7. INDEPENDENT CONTRACTOR. The Agreement also specifically provides that the Club shall
operate as an independent contractor and that the City and the State of Minnesota shall not be
responsible for workers’ compensation or other employee benefits.
8. EARLY TERMINATION. This agreement may be terminated by either party, with or without cause,
on thirty (30) days’ notice in writing.
9. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement
supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof
as well as any previous agreements presently in effect between the parties relating to the subject matter
hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be
valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
[Remainder of page intentionally left blank. Signatures follow.]
IN WITNESS WHEREOF, the Parties, have caused this Agreement to be approved on the date
above.
City of Lakeville, Minnesota
By:
Its Mayor
And:
Its Clerk
Sno-Trackers Snowmobile Club
By:
Its Club President