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HomeMy WebLinkAbout2017-05-09 PACKET 06.A.Cottage Grove here Pride and Prosperity Meet TO: Advisory Committee on Historic Preservation FROM: John M. Burbank, Senior Planner DATE: May 1, 2017 RE: Central Fire Station Historic Donation Program Introduction The ACHP has previously discussed the process and planning for the historic donation process related to the new Central Fire Station. The attached documents were drafted by the City Attorney and are being presented for your review and comment. Recommendation Review, discuss, and provide feedback and recommendations to staff. CONDITIONAL DONATION AGREEMENT This Agreement is made this day of , 20 , by and between the City of Cottage Grove, 12800 Ravine Parkway S., Cottage Grove, Minnesota 55016 ("City") and , (name), (address) ("Donor"). WHEREAS, Donor desires to donate an item and City desires to accept such donation for use and display at the City's new Central Fire Station ("Central Fire Station"). NOW THEREFORE, in consideration of their mutual covenants and consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. APPROVAL. This Agreement is contingent upon the City Council adopting a resolution pursuant to Minnesota Statutes Section 465.03 accepting the donation subject to the terms of this Agreement. 2. DONATION. The Donor Exhibit A ("Donated Item") donates the following item(s) to the City, as depicted on 3. DELIVERY. Donor shall be responsible for delivering the Donated Item to the City at no expense to the City. 4. LOCATION AND INSTALLATION. The Donated Item may be installed in the lobby or other common area of the Central Fire Station, as determined by the City in its sole discretion. 5. RECOGNITION: Where possible, the City shall display a written acknowledgment from the Donor regarding the donation, as well as relevant information about the significance of the Donated Item. The Donated Item may be photographed or reproduced by the City for educational, civic or publicity purposes subject to applicable copyright restrictions. 6. MAINTENANCE AND OWNERSHIP: Upon delivery to the City, the Donated Item shall be maintained and owned by the City and shall not be returned to the Donor except as provided in Section 6 below. Donor hereby releases the City from any and all liability claims due to damage, theft or loss of the Donated Item. 7. VALUE OF DONATED ITEM. Donor and City accept, agree and acknowledge that while Donated Item may have sentimental value, it shall have no actual monetary value to the City. In the event of termination of this Agreement by the City, if the Donor is not found or does not retrieve the Donated Item within a reasonable time, the City may deem the Donated Item as surplus property and dispose of it accordingly. 8. INSURANCE. The City will not obtain separate insurance on the Donated Item. 9. DECOMMISSIONING: The Donated Item may be decommissioned at any time in the sole discretion of the City. If it is decommissioned, the City may, but is not obligated to notify Donor to arrange for the retrieval of the Donated Item to the Donor at no expense to the City. 10. AUTHORITY TO EXECUTE. The parties to this Agreement affirm that they have the legal authority to enter into this Agreement. [Remainder of page intentionally blank] CITY Mayor Myron Bailey Joseph Fischbach, City Clerk DONOR Signature Printed Name Signature Printed Name CONDITIONAL LOAN AGREEMENT This Agreement is made this day of , 20 , by and between the City of Cottage Grove, 12800 Ravine Parkway S., Cottage Grove, Minnesota 55016 ("City") and , (name), (address) ("Donor") WHEREAS, Donor desires to loan an item and City desires to acquire such item by loan for use and display at the City's new central fire station ("Central Fire Station"). NOW THEREFORE, in consideration of their mutual covenants and consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. LOAN. The Donor loans the following item(s) to the City, as depicted on Exhibit A ("Loaned Item"): 2. TERM. The loan of the Loaned Item shall be for an indefinite term starting on date of this Agreement, and ending when written notice of termination of this Agreement/decommissioning of Loaned Item is received by the non -terminating party as provided in Paragraph 3. 3. DELIVERY. Donor shall be responsible for delivering the Loaned Item to the City at no expense to the City. The City shall document the condition of the Loaned Item at the time of delivery and shall use its best efforts to maintain such condition during the Term of this Agreement, reasonable wear and tear excepted. 4. TERMINATION/DECOMMISSIONING. Either party may terminate this Agreement at any time and without cause as follows: a. By Donor: If Donor chooses to terminate this Agreement, it shall provide written notice to the City at the address listed above and the Donor shall arrange for retrieving the Loaned Item at no expense to the City. b. By City: If City chooses to terminate this Agreement/decommission the Loaned Item, it shall provide written notice to the Donor to the Donor's last known address. Donor shall arrange for retrieving the Loaned Item at no expense to the City. If such notice is returned to the City as undeliverable or if the City is unable to contact Donor after reasonable attempts, or if Donor fails to retrieve the Loaned Item within a reasonable time, then the City shall be authorized to dispose of the Loaned Item. It is Donor's responsibility to notify the City of any changes in ownership of the Loaned Item during the Term of this Agreement whether by reason of death, sale, insolvency, gift or otherwise and prior to its return, the new owner shall be required to establish his/her legal right to the Loaned Item by proof satisfactory to the City. 5. LOCATION AND INSTALLATION. The Loaned Item may be installed in the lobby or other common area of the Central Fire Station, as determined by the City in its sole discretion. 6. RECOGNITION: Where possible, the City shall display a written acknowledgment from the Donor regarding the Loaned Item as well as relevant information about the significance of the Loaned Item. The Loaned Item may be photographed or reproduced by the City for educational, civic or publicity purposes subject to applicable copyright restrictions. 7. MAINTENANCE AND STANDARD OF CARE: City accepts the responsibility to maintain the Loaned Item in a reasonable manner. All reasonable precautions shall be taken to protect, maintain, and safeguard the Loaned Item, but the City shall not be responsible for reimbursement or replacement of the Loaned Item in the event it is lost, stolen or damaged. Donor hereby releases the City from any and all liability claims due to damage, theft or loss of the Loaned Item. 8. VALUE OF LOANED ITEM. Donor and City accept, agree and acknowledge that while Loaned Item may have sentimental value, it shall have no actual monetary value to the City. In the event of termination of this Agreement by the City, if the Donor is not found or does not retrieve the Loaned Item within a reasonable time, the City may deem the Loaned Item as surplus property and dispose of it accordingly. 9. INSURANCE. The City will not obtain separate insurance on the Loaned Item. If the Donor chooses to maintain its own insurance for the Loaned Item, then the City must be supplied with a Certificate of Insurance naming the City as an additional insured and waiving subrogation against the City. 10. AUTHORITY TO EXECUTE. The parties to this Agreement affirm that they have the legal authority to enter into this Agreement. [Remainder of page intentionally blank] CITY OF COTTAGE GROVE Myron Bailey, Mayor Joseph Fischbach, City Clerk DONOR Signature Printed Name Signature Printed Name