8.1. SR 07-01-2019 - Laserfiche WebLink

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10. The CITY will equip and maintain the PARK with the following: Lighting on the Primary Field, Outfield Fencing, Warning Track, Bleachers for at least 170 spectators, 20' back stop at primary field and netted with a padded concrete back stop wall, CMU dugouts with precast roof, 10'x12' storage area at both dugouts, Concession Stand, Restrooms, Electrical Power, Scoreboards, Drinking Water, Irrigation, and Hitting Cage. One of the 10'x12' storage areas will be reserved for the DISTRICT's exclusive use. The CITY and the DISTRICT will cooperate in determining whether to add, remove, or replace amenities located in the PARK, and all such additions, removals, or replacements shall be memorialized in writing as an amendment to this agreement. Likewise, the use and responsibilities as stated in this joint powers agreement may be changed or amended only by written amendment to this agreement. 11. The CITY reserves the right to allow unscheduled, general public use of all other amenities located in Lion John Weicht Park during times the DISTRICT is using the PARK defined amenities. Such uses include but are not limited to use of picnic shelters, disk golf, walking, general recreation, and parking. 12. The CITY and the DISTRICT mutually agree to provide liability insurance in amounts not less than the statutory limits established under Minn, Stat. Ch. 466 to protect and indemnify each other from any and all claims for injuries and damages occurred or incurred by virtue of the CITY or DISTRICT use of the facilities identified under this Agreement. Said insurance shall be customarily set by law or industry standards. The CITY and the DISTRICT shall each add the other as an additional insured and provide the other with a certificate of insurance. Said insurance shall not be cancelled without at least thirty (30) days prior written notice to the other party. 13. The CITY shall be responsible for the actions of its employees, agents or contractors performing work under this agreement and shall indemnify, defend and hold harmless the DISTRICT for any claims, actions, or damages resulting therefrom. Nothing contained in this agreement is intended to create and employer/employee relationship between the DISTRICT and the CITY, nor the DISTRICT and employees, agents and contractors of the CITY. 14. The DISTRICT shall be responsible for the actions of its employees, agents or contractors performing work under this agreement and shall indemnify, defend and hold harmless the CITY for any claims, actions, or damages resulting therefrom. Nothing contained in this agreement is intended to create and employer/employee relationship between the CITY and the DISTRICT, nor the CITY and employees, agents and contractors of the DISTRICT. 15. Notwithstanding the indemnification provided under Paragraphs 14 and 15 of this Agreement, the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws govern liability of the DISTRICT and the CITY. 16. Nothing contained in this agreement shall be interpreted as a waiver of any governmental immunity, defenses, or liability caps contained in state law or elsewhere, nor shall this agreement be interpreted to provide for the stacking of any liability limits under state law. 17. This joint powers agreement shall remain in full force and effect until it is either cancelled in writing by either party upon sixty (60) days-notice, or otherwise terminates by operation of law.