08-04-25 - City Council Work Session Agenda

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4.11 Subdivision 10. Entrance upon Land. To the extent permitted by Minnesota Stat *-slaw, or with the owner's permission, the Board or its designated representatives may enter upon lands within or outside the Vadn is bakes -Area -Watershed to make surveys and investigations to accomplish the purposes of VLAWMO and the Act. 4.12 Subdivision Legal and Technical Assistance. The Board may obtain and provide legal and technical assistance as it determines is needed, including in connection with its on- going operations and projects, as well i er efa� litigation, and on such other pr-eeeedings between one or- more of its Member-s and any other- pelitieal subdivision, eemmission, board or- ageney r-elating to the planning or- eonstmetion of f4eilifies to ra stef T ..ater-s w4h4 matters as the Ar-e-aBoard may request. 4.13 Subdivision ". Permits. VLAWMO shall cooperate with appropriate local, state, and federal agencies in obtaining required permits and shall review permits issued by local units of government to accomplish the purposes identified in Section I of this Agreement. 4.14 Subdiyision'3. Office. VLAWMO shall maintain an office within the Area. All notices to VLAWMO shall be mailed or delivered to such office. 4.15 Subdivision 14. Insurance and Liability. VLAWMO may contract for or purchase such insurance as the Board deems necessary for its protection. The Members agree as follows with respect to the liability of VLAWMO and the Members: 4}LaLVLAWMO is a separate and distinct public entity to which the Members have transferred all responsibility and control for action taken pursuant to this Agreement. 2-}O)j VLAWMO shall defend and indemnify the Members, and their officers, employees, and volunteers, from and against all claims, damages, losses, and expenses, including attorney fees, arising out of the acts or omissions of the Board ^rosin carrying out the terms of this Agreement. This Agreement does not constitute a waiver on the limitations of liability set forth in Minnesota Statutes, seetionMinn. Stat. § 466.04. -3,)LcLNothing herein shall be construed to provide insurance coverage or indemnification to an officer, employee, or volunteer of any nwmberMember for any act or omission for which the officer, employee, or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith. 4)td)_To the fullest extent permitted by law, action by the Members to this Agreement are intended to be and shall be construed as a "cooperative activity," and it is the intent of the Members that they shall be deemed a "single governmental unit" for purposes of liability, as set forth in Minnesota Statutes, seet o- minn. Stat. § 471.59, subd. la, and provided further that for purposes of that statute, each part to this Agreement expressly declines responsibility for the acts and omissions of another Member. The Members are not liable for the acts or omissions of another Member to this 11 Page 599 of 617