8.3 SR 04-05-2021 - Laserfiche WebLink

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3. All DISTRICT property situated on or within the PARK shall always remain the property of the DISTRICT and the responsibility of the DISTRICT. Correspondingly, all CITY property situated on or within the PARK shall always remain the property of the CITY and the responsibility of the CITY. Either party wishing to place additional property in the PARK shall first obtain written permission from City Administrator and/or District Superintendent or designees, to do so. Any such agreement shall become an amendment to this agreement. 4. The DISTRICT shall have the sole responsibility for scheduling the PARK grounds, with the CITY given priority during the Winter season. The appropriate CITY recreation and DISTRICT Community Education staff shall meet, at minimum, two (2) times annually to discuss season dates and scheduling opportunities for the PARK. 5. Except as otherwise identified in this Agreement, the DISTRICT will provide maintenance and replacement of the defined PARK amenities listed above. The DISTRICT shall have sole responsibility for mowing and maintenance of public access ways and all PARK grounds. The CITY shall maintain the rinks and skating ice to their standards for all CITY activities. During the scheduled Winter season, the CITY will maintain and clear walkways from snow and ice on the PARK access driveway, stairways, walkways and the sidewalk adjacent to Main Street NW from Northfolk Ave NW to the Handke Center driveway on Main Street NW. 6. The DISTRICT shall be responsible for the maintenance, repair and replacement of the public access ways and other mechanical systems that make up the PARK. 7. The DISTRICT will equip and maintain the PARK with the following: Lighting on the public access walkways, stadium, and warming house. The CITY will assume responsibility for electrical costs to run lighting and warming house during the scheduled CITY programming. The DISTRICT will provide access to the warming house during CITY scheduled programming. 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. 8. 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 all claims for injuries and damages occurred or incurred by virtue of the CITY or DISTRICT use of the PARK 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 canceled without at least thirty (30) days prior written notice to the other party.