HomeMy WebLinkAboutVIII-11 Approve Warming House Agreement for City of Hastings & Carpenter Nature Center
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Jenkins, Parks & Recreation Director
Date: April 4, 2022
Item: Levee Park Warming House
Council Action Requested: Approve agreement allowing the City of Hastings to
lend the Levee Park Warming House to Carpenter Nature Center for use in
supporting their operations.
Background Information: This warming house was constructed to serve at Levee
Park for the skating rink users, a bird themed mural was also painted on the
warming house as part of the Arts Task Force public art program. Currently, the
City has no need for this warming house, and since it is a piece of public art, staff
worked to find a location and willing partner so this shelter can be put back into use
and can be viewed by more of the public. The warming house is currently stored
at Veterans Athletic Complex and is not visible or on display as art.
Connecting with Carpenter Nature Center, their staff have indicated this warming
house would support their teams’ bird banding efforts at the CNC’s Wisconsin
Campus, and would be in a more public area allowing the mural to be appreciated.
Staff recommend approval of the agreement.
Financial Impact: None
Advisory Commission Discussion: The Parks & Recreation Commission
supports lending the warming house to Carpenter Nature Center.
Council Committee Discussion: None
Attachments:
▪ Warming House Agreement
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Warming House Agreement
This agreement is made on the ____ day of April, 2022, by and between the City of Hastings,
A Minnesota Municipal Corporation, (hereinafter “the City”) and Carpenter St. Croix Valley Nature
Center (hereinafter “CNC”).
This agreement is for the long-term loan of the Levee Park Warming House, which is a modified
shipping container. This container has also been painted with a bird themed mural. The City of
Hastings is the owner of this container and wishes to lend it, long-term, to CNC to support their bird
banding, and varied educational efforts. It is also the City’s desire to have this piece of public art in a
location where it is much more accessible for viewing.
1. Transport and Use. The warming house will be moved from it’s current location by CNC
staff or contractor, and transported to CNC’s Wisconsin Campus. City will allow access and may
assist at its discretion. CNC will place and use the warming house at their property to support bird
banding and other educational efforts in accordance with their mission.
2. Insurance. CNC shall carry sufficient liability insurance coverage, list the City as
additionally insured, and provide a certificate of insurance to the City.
3. Duration. This agreement shall be a five-year agreement beginning on the date both parties
have signed the agreement. This agreement may be renewed if both parties desire and agree to a
renewal.
4. Termination. This agreement and the rights and obligations hereunder may be terminated
only with the consent of both the City and CNC.
5. Damage. The container will be inspected by both parties at the beginning of this agreement
and upon the ending or termination of this agreement. Existing damage and condition will be noted.
CNC will be responsible for any additional damage or deteriorated condition, other than what can
reasonably be expected from weather, duration of environmental exposure and normal wear and tear.
6. Entire Agreement. This agreement constitutes the entire agreement between the parties and
any prior understanding where representation of any kind proceeding the date of this agreement shall
not be binding on either party, except to the extent incorporated in this agreement.
7. Modification of Agreement. Any modification of this agreement or additional obligation
assumed by either party in connection with this agreement shall be binding only if evidence in writing,
signed by both the City and CNC.
8. Notices. Any notice provided for or concerning this agreement shall be in writing.
Dated: , 2022 Carpenter St. Croix Valley Nature Center
By:
Its:
Dated: , 2022 City of Hastings
By:
Its:
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