HomeMy Public PortalAboutResolution #2010-11, A Resolution Approving A Policy To Allow The City To Indemnify And Hold Harmless Alcoa From Liability Associated With Recreation Trails Placed In Easements Within The CityRESOLUTION 2010-11
A RESOLUTION APPROVING A POLICY TO ALLOW THE CITY TO INDEMNIFY AND
HOLD HARMLESS ALCOA FROM LIABILITY ASSOCIATED WITH RECREATION
TRAILS PLACED IN EASEMENTS WITHIN THE CITY
WHEREAS THE CITY COUNCIL OF RIVERDALE has identified the value of
recreational trails in our community, AND
WHEREAS THE CITY COUNCIL OF RIVERDALE has identified the need to acquire
easements that will allow the development and maintenance of recreational trails, AND
WHEREAS THE CITY COUNCIL OF RIVERDALE 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, and
WHEREAS THE CITY COUNCIL OF RIVERDALE, in exchange for modification of
the a variance from the indemnity offered other property owners for the recreational trail project,
Aluminum Company of American, Inc. ("ALCOA") has offered to donate its property for the
easement. 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 ALCOA as the underlying
property owner from any and all third party claims for bodily injury (including death) or damage
to tangible property associated with the public's use of the easement.
PASSED, APPROVED, AND ADOPTED THIS 20th day of April, 2010
Ayes: Nays:
Channon,Franklin,
Absent:
Halsey, Hupp,
Littrel
effrey J. Grindle, Mayor
T
C1 a DD ~ ~Yt~~
Paula McIntosh, City Clerk
EXHIBIT A
Indemnification. The City of Riverdale, pursuant to Resolution 2010-11, will indemnify and hold harmless
the property owner upon whose ground the recreational trail easement is placed from any and all third
party claims for bodily injury (including death) or damage to tangible property associated with the
public's use of the easement. 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 rules or regulations adopted by the City governing the public's use of the
easement granted