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Home My WebLink AboutResolution No. R23-44RESOLUTION NO. R23-44 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE A SHORT-TERM LEASE (OF UNDETERMINED DURATION) OF RIVERSIDE PARK FOR STAGING AREA. WHEREAS, a recent train derailment in the Yellowstone River, Montana is necessitating clean-up and recovery efforts by Montana Rail Link, the Montana Department of Environmental Quality, and various other organizations; WHEREAS, Montana Rail Link has requested that the City of Laurel enter into a Short - Term Lease (of Undetermined Duration) for use of Riverside Park as a Staging Area for the clean-up and recovery efforts; WHEREAS, Montana Rail Link has offered to compensate the City of Laurel for use of Riverside Park as a Staging Area for the clean-up and recovery efforts at a fee of Five - Hundred Dollars and No Cents ($500.00) per day; WHEREAS, as part of the anticipated Short -Term (of Undetermined Duration) Lease Agreement, Montana Rail Link will ensure the provision of its own garbage and other waste - receptacles and utility usage; and WHEREAS, the City of Laurel now wishes to enter into a Short -Lease (of Undetermined Duration) for use of Riverside Park as a Staging Area for the clean-up and recovery efforts. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the City of Laurel City Council hereby authorizes the Mayor to execute a Short - Term Lease (of Undetermined Duration) of Riverside Park to be utilized as a Staging Area for the clean-up and recovery efforts. Introduced at a regular meeting of the City Council on the 1St day of July, 2023, by Council Member Klose. 2023. PASSED and APPROVED by the City Council of the City of Laurel the 1" day of July, APPROVED by the Mayor the 1St day of July, 2023. R23-44 Approve Short -Term Lease for Riverside Park ATTEST: 'k'1' /-",Z/ A �� ;) 1 Stre e , Clerk -Treasurer APPROVED AS TO FORM: 11 ichele L. Braukmann, Civil City Attorney R23-44 Approve Short -Term Lease for Riverside Park C OF LAUREL Dave Waggoner, Mayor DocuSign Envelope ID: D6FCAC4D-A183-4F1A-A333-D177408A137F RIGHT OF ENTRY AND USE AGREEMENT DS This Right of Entry for Access to Property and Use Agreement ("Agreement") is entered into this 3rd day of4d'i'ie; 2023 by and between Montana Rail Link, Inc. ("MRL") and the City of Laurel (collectively, "CITY"). WHEREAS, CITY is the owner of certain real property, commonly referred to as Riverside Park, located in Laurel, Montana and more particularly described in Exhibit A attached hereto (the "Property"); WHEREAS, MRL desires access to and use of a portion of the Property, including the use of CITY's boat ramp, as part of MRL's response and restoration efforts related to a recent derailment which occurred on MRL -controlled track in Reed Point, Montana; and WHEREAS, CITY desires to grant MRL access and use ofthe Property in accordance with the terms and conditions contained herein. Now THEREFORE, in consideration ofthe mutual covenants contained herein and for other good and valuable consideration, MRL and CITY agree as follows: I. Term & Renewal CITY agrees, commencing June 30, 2023 ("Effective Date"), to grant MRL and its contractor(s) access to the Property for use in staging equipment or materials and to use CITY's boat ramp ("Boat Ramp") to launch a jet boat or other river equipment, as part of MRL's response and restoration efforts related to a recent derailment ("Derailment") which occurred on MRL - controlled track in Reed Point, Montana. The term of this Agreement shall be from the Effective Date until at least August 31, 2023, unless MRL notifies CITY in writing that it no Ionger requires use of the Property prior to such date. This Agreement may be extended or renewed provided that both MRL and CITY agree to such an extension or renewal in writing. II. Fee MRL shall tender payment to CITY in the amount of Five Hundred Dollars ($500.00) per day that MRL occupies the Property. MRL shall tender payment to CITY, in an amount corresponding to the current accumulated per -day fee, on a monthly basis, until the expiration of the term of this Agreement. III. Use of the Property MRL and its contractor(s) shall be entitled to use the Property and Boat Ramp, subject to all applicable laws, rules and regulations, for any purpose related to MRL's response and restoration efforts related to the Derailment, including staging equipment or Iaunching boat(s) or other response -related equipment into the Yellowstone River, as part of such efforts. MRL shall have access to the Property on a 24-hour per day, seven-day per week basis. CITY reserves the right to ensure that MRL is using the Property in accordance with the terms of this Agreement. CITY agrees that during the term of this Agreement it shall not interfere with nor obstruct the operations of MRL or its contractors on the Property. MRL agrees upon the expiration of the term of this Agreement, all MRL personal property, and its contractors' Page I of MRLC23-115 Right of Entry DocuSign Envelope ID: D6FCAC4D-A183-4F1A-A333-D177408A137F personal property, will be removed from the Property. CITY agrees to supply electrical service and garbage disposal services, for MRL's use for the duration of its occupation of the Property. IV. Indemnification MRL hereby agrees that it shall be responsible for its and its contractors' activity on the Property during the term of this Agreement. Furthermore, MRL shall indemnify, defend and hold CITY, its successors, assigns, shareholders and insurers harmless from any and all claims, losses, demands, costs (including attorneys' fees) and judgments (collectively, "Claims") which arise out of or relate to MRL's use or occupation of the Property. Claims shall include any alleged violations of environmental laws, rules or regulations and MRL shall comply with any cleanup or remedial order issued by any governmental agency as it relates to Claims arising out of MRL's use or occupation of the Property. V. Insurance MRL shall provide a letter of self insurance or proof of the following insurance to CITY: Tyne of Insurance Railroad Liability — Personal Injury/Property Damage Automobile Liability Bodily Injury And Property Damage Limits of Liability $1,000,000 combined single limit per occurrence; $2,000,000 aggregate $1,000,000 combined single limit per occurrence -Hired car, owned and non -owned autos A signed letter of self insurance or Certificate or Certificates of Insurance shall be furnished to CITY evidencing the above insurance. In addition, MRL shall ensure that all of its subcontractors and agents who enter upon the property are properly insured for their respective activities. VI. Restoration of Property MRL, upon termination of its right to access and use the Property, through this Agreement, shall restore the Property to a substantially -similar condition as it was found on the Effective Date. VII. Miscellaneous A. Entire Agreement CITY and MRL acknowledge that this Agreement contains the entire agreement between them regarding access to and use of the Property. B. Governing Law Page 2 of 4 MRLC23-115 Right of Entry DocuSign Envelope ID: D6FCAC4D-A183-4F1A-A333-D177408A137F This Agreement shall be governed and construed according to the laws of the state of Montana. C. Confidentiality CITY acknowledges and agrees that any and all information developed, disclosed or otherwise discovered by CITY during the negotiation of any agreements and execution of any tasks on CITY's property by MRL shall remain confidential. CITY shall not disclose or otherwise disseminate any information, including any drawings, schematics, plans, designs, or any terms of compensation or reimbursement, developed during the negotiation of any agreements and/or execution of any tasks related to MRL's activity on CITY's property, unless such disclosure or dissemination is authorized in writing by MRL or compelled by a court of competent jurisdiction. D. Counterparts This Agreement may be executed in counterparts and transmitted via electronic mail or facsimile. Such counterparts, when taken together, shall constitute one and the same original instrument. IN WITNESS WHEREOF, MRL and CITY have executed this Agreement as of the day and year first written above. [Signatures to follow] MONTANA RAIL LINK, INC. CITY OF LAUREL ("MRL") ("CITY") DoeuSigned by: By;By:I- J 0_ 1)P o Its: vice President Finance & Accounting Name: UU� Title: L� ATTEST: l Page 3 of MRLC23-115 Right of Entry ir• v - _ _. .p to - OW �W. 77 141 T S _ ~ CN(� ]fit � l� - -,�+- • r �M t a z� L `� S. ..,c� 7�-' � e y ` s �'�� -r -= a `2',�t''?`.•, r ", <� '- ,� T rte, •+x-'- _ -i - t 1S• ,"1'r't' •ice.. ' •: /. t � �.. i; .+. �},. '�� ",.�"rt+ y� 'J "'-�-. _ fes' a•+�i•i •/'� - ems[+•{' �. • + fir+ k � '�F. Lo L J N , 9a ✓ I o { Q r CB m N 'D O f.,. X J O N O r o tf opi "4�