Loras College Indemnification AgreementTHE CITY OF
DUB E
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MEMORANDUM
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March 26, 2007 p~ ~ -~
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TO: The Honorable Mayor and City Council Members ~ C7 ? O
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FROM: Michael C. Van Milligen, City Manager --~
SUBJECT: Indemnification Agreement with Loras College
Leisure Services Manager Gil Spence recommends City Council approval of a Mutual
Indemnification Agreement with Loras College. Loras College uses our facilities and the
Recreation Division uses Loras College facilities for different recreation programs.
Rather than sign an indemnification agreement with each usage, the Mutual
Indemnification Agreement covers all uses for both organizations.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mi hael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gil D. Spence, Leisure Services Manager
# THE CITY OF
DuB E
~-~~
MEMORANDUM
March 26, 2007
TO: Michael C. Van Milligen, City Manager
FROM: Gil D. Spence, Leisure Services Manager
SUBJECT: Indemnification Agreement with Loras College
INTRODUCTION
The purpose of this memorandum is to request City Council approval of the Mutual
Indemnification Agreement with Loras College.
DISCUSSION
Loras College uses our facilities and the Recreation Division uses Loras College
facilities for different recreation programs. Rather than sign an indemnification
agreement with each usage, the City Attorney and the Loras College staff have
developed the attached Mutual Indemnification Agreement to cover all uses for both
organizations.
Similar agreements are being discussed with the University of Dubuque and the
Dubuque Community School District.
ACTION STEP
The action step is for the City Council to approve the attached Mutual Indemnification
Agreement with Loras College.
GDS:et
attachment
MUTUAL INDEMNIFICATION AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
LORAS COLLEGE
This Agreement, dated for reference purposes the _15th_ day of
_March , 2007 is entered into by and between the City of Dubuque,
Iowa (City) and Loras College (Loras).
City and Loras agree as follows:
1. Purpose. City uses facilities of Loras for various activities sponsored by
City. Loras uses facilities of City for various activities sponsored by Loras. City and
Loras wish to indemnify each other in the manner set forth herein with respect to the
use of Loras facilities for activities sponsored by the City and the use of City facilities for
activities sponsored by Loras.
2. Indemnification.
(a) City Indemnification of Loras. City agrees to indemnify and hold
harmless Loras, its agents, officers, and employees from and
against all claims for injury or damage to persons or property
arising out of or caused by the negligence of City using Loras
property for activities sponsored by City. City further agrees, upon
receipt of notice from Loras, to defend at its own expense Loras, its
agents, officers, and employees from any action or proceeding
against Loras, its officers, agents, and employees arising out of or
caused by the negligence of City in using Loras property for
activities sponsored by the City.
(b) Loras Indemnification of City. Loras agrees to indemnify and hold
harmless City, its agents, officers and employees from and against
all claims for injury or damage to persons or property arising out of
or caused by the negligence of Loras in using City property for
activities sponsored by Loras. Loras further agrees, upon receipt of
notice from City to defend at its own expense City, its officers,
agents, and employees from any action or proceeding against City,
its officers, agents, and employees arising out of or caused by the
negligence of Loras in using City property for activities sponsored
by Loras.
3. Continuing Indemnity. The provisions of this Agreement are intended to
and the parties do hereby agree that City and Loras will no longer be required to seek a
separate Indemnity Agreement from each other each time either party uses or seeks
permission to use property of the other.
4. Duration. This Agreement shall remain in full force and effect until
termination by either party in the manner set forth herein.
Either party may terminate this Agreement by giving the other ninety (90) days
written notice in the manner set forth herein.
In the event of termination by one party, the other party reserves the right to
cancel or revoke, without liability to the party terminating this agreement, any permits,
authorizations, contracts or other agreements for the use of the facilities.
5. Notice. Any notice required under this Agreement may be given by
certified mail, return receipt requested, registered mail or personal service in the
manner required by the Iowa Rules of Civil Procedure.
The notice shall be directed as follows:
TO: City of Dubuque, Iowa
City Hall
50 West 13th Street
Dubuque, Iowa
Attn: City Manager
TO: Loras College
1450 Alta Vista
Dubuque, Iowa
Attn: Vice President of Finance and Administration
6. Nothing herein shall relieve the other party from seeking permission or a
permit from the other with respect to the use of the property of the other.
7. No Presumption. This Agreement was drafted through the mutual effort
of the parties and no presumption shall exist against either party in the event of a
dispute concerning the interpretation of this Agreement.
CITY OF DUBUQUE, IOWA LORAS C L
By:
MUTUAL INDEMNIFICATION AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
LORAS COLLEGE
This Agreement, dated for reference purposes the _15th_ day of
_March , 2007 is entered into by and between the City of Dubuque,
Iowa (City) and Loras College (Loras).
City and Loras agree as follows:
1. Purpose. City uses facilities of Loras for various activities sponsored by
City. Loras uses facilities of City for various activities sponsored by Loras. City and
Loras wish to indemnify each other in the manner set forth herein with respect to the
use of Loras facilities for activities sponsored by the City and the use of City facilities for
activities sponsored by Loras.
2. Indemnification.
(a) City Indemnification of Loras. City agrees to indemnify and hold
harmless Loras, its agents, officers, and employees from and
against all claims for injury or damage to persons or property
arising out of or caused by the negligence of City using Loras
property for activities sponsored by City. City further agrees, upon
receipt of notice from Loras, to defend at its own expense Loras, its
agents, officers, and employees from any action or proceeding
against Loras, its officers, agents, and employees arising out of or
caused by the negligence of City in using Loras property for
activities sponsored by the City.
(b) Loras Indemnification of Citv. Loras agrees to indemnify and hold
harmless City, its agents, officers and employees from and against
all claims for injury or damage to persons or property arising out of
or caused by the negligence of Loras in using City property for
activities sponsored by Loras. Loras further agrees, upon receipt of
notice from City to defend at its own expense City, its officers,
agents, and employees from any action or proceeding against City,
its officers, agents, and employees arising out of or caused by the
negligence of Loras in using City property for activities sponsored
by Loras.
3. Continuing Indemnity. The provisions of this Agreement are intended to
and the parties do hereby agree that City and Loras will no longer be required to seek a
separate Indemnity Agreement from each other each time either party uses or seeks
permission to use property of the other.
4. Duration. This Agreement shall remain in full force and effect until
termination by either party in the manner set forth herein.
Either party may terminate this Agreement by giving the other ninety (90) days
written notice in the manner set forth herein.
In the event of termination by one party, the other party reserves the right to
cancel or revoke, without liability to the party terminating this agreement, any permits,
authorizations, contracts or other agreements for the use of the facilities.
5. Notice. Any notice required under this Agreement ma
certified mail, return receipt requested, registered mail or personal
manner required by the Iowa Rules of Civil Procedure.
The notice shall be directed as follows:
TO: City of Dubuque, Iowa
City Hall
50 West 13th Street
Dubuque, Iowa
Attn: City Manager
TO: Loras College
1450 Alta Vista
Dubuque, Iowa
Attn: Vice President of Finance and Administration
y be given by
service in the
6. Nothing herein shall relieve the other party from seeking permission or a
permit from the other with respect to the use of the property of the other.
7. No Presumption. This Agreement was drafted through the mutual effort
of the parties and no presumption shall exist against either party in the event of a
dispute concerning the interpretation of this Agreement.
CITY OF DUBUQUE, IOWA
By:
LORAS C LL ~
By: