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HomeMy Public PortalAbout2009-13 A Resolution Approving A Policy To Allow The City To Indemnify And Hold Harmless Property Owners From Liability Associated With Recreation Trails Place in Easements Within The CityRESOLUTION 2009-13 RESOLUTION APPROVING A POLICY TO ALLOW THE CITY TO INDEMNIFY AND HOLD HARMLESS PROPERTY OWNERS FROM LIABILITY ASSOCIATED WITH RECREATION TRAILS PLACED IN EASEMENTS WITHIN THE CITY WHEREAS THE CITY COUNCIL FOR THE CITY OF RIVERDALE, IOWA, has identified the value of recreational trails in our community, AND WHEREAS THE CITY COUNCIL FOR THE CITY OF RIVERDALE, IOWA, has identified the need to acquire easements that will allow the development and maintenance of recreational trails, AND WHEREAS THE CITY COUNCIL FOR THE CITY OF RIVERDALE, IOWA, recognizes the value in waiving the liability of property owners that we intend to acquire easements for those trails to avoid the need for outright acquisition of those properties. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, IOWA: That as a condition of acquisition of easements for the placement and maintenance of recreational trails, the City will indemnify and hold harmless the underlying property owner from all liability associated with the public's lawful use of the easement for recreational trail purpose as provided on the attached Exhibit A. PASSED, APPROVED, AND ADOPTED THIS ~ day of ~ , 2009. ayoS : F~1~~ n~ C4Yiinnon, ~i! Se>+ ayor Je rindle Attest: Paula McIntosh, City Clerk EXHIBIT Ell Indemnification. The City of Riverdale, pursuant to policy adopted in Resolution 2009- 13, will indemnify and hold harmless the property owner upon whose ground the recreational trail easement is placed from any and all liability associated with the public's lawful use of the easement for its intended purpose. The property owner claiming indemnification under this paragraph shall cooperate in the defense of any claim, accept joint defense paid at the City's sole cost, and shall forego any objection to any settlement made on behalf of the owner and City so long as such settlement does not create any cost to Owner. In making this indemnification, the City is not waiving any statutory rights of immunity it otherwise may enjoy by virtue of law. In the event the City procures insurance for this obligation, such insurance shall likewise not be deemed a waiver of any statutory immunity. This indemnification shall exist for so long as the easement exists, and shall apply to all subsequent owners. Owner agrees to abide by any roles or regulations adopted by the City governing the public's use of the easement granted. 05/29/2009 FRI 9:04 FAX 1 563 386 3293 UNITED INSURANCE 4.001/001 MAY-28-2009 04:52A FROM:CITY OF RIVERDALE 563 355 9119 TO:3863293 P.1 "FLAX CUTER$I l * TOWN OF RI EEDALE TELEPHONE: (563)355-2511 FAX: (563)355-9119 • DATE• .5- 2 U J-" 9/o • CORTAINIX: L v i4.ed s.. ' FAX NOMJ1ER• 3867 • • NAI : Rouo rAcTmc,sh MESSAGE: :� . • PJ natc lAurrk-e.d 4 •.!lei ( &ie tAi ifs-es ol-44o be.-Cozstkt • 02 • - a - t I • . . c_--... _ a ► la /...f ' a a?± ip%dd 4, ' yam► �� __ - • -.r.tl - Atm., t4. r ad )4(;*A-4161 06/16/2009 TUE 14:25 FAX 1 563 386 3293 UNITED INSURANCE juuiiuuc UNITED p.m URANCECOUNSELORS 1985 SPRUCE HILLS DR BH ITENI)ORF,IA 52722 PRONE(563)386-3296 FAX(563)386-3293 facsimile transmittal To: Jeff Grindlc Fax: 355-9119 From: Joe Kellenberger Date: 16 June,2009 Re: Hold Harmless Agreement Pages: 2 CC: ❑Urgent ©Far Review ❑Please Comment❑Please Reply OPleaase Recycle Dear Jeff, The hold harmless agreement allowing the city to cross through other people's property without exposing those people to any liability is acceptable to Allied Insurance and any liability arising out of a person using the path would be covered by City of Riverdale liability insurance. Thank you. Sincerely, Joe Kellenberger joekell@unitedins.net