02-09-11 Council Agenda - Laserfiche WebLink

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apply to undertakings pursuant to this Agreement, and no individual or entity may seek to increase recovery beyond the statutory amounts applicable to a single party set forth in Minn. Stat. 466.04 by attempting to aggregate the statutory amounts to increase the maximum amount of liability for any party. No party to this Agreement shall be required to pay on behalf of itself and to the other party any amount as indemnification to the party, arising pursuant to this Agreement, expressly, by operation of law or otherwise, in excess of the limits of liability applicable to the party required to pay as established in Minnesota Statutes Chapter 466, or in the event that Minnesota Statutes Chapter 466 does not apply, the maximum amount of insurance coverage available to the party required to pay. In those instances in which a party is directly liable for damages as well as for indemnification to the other party, the combined liability of the party will not exceed the limits of liability under Minnesota Statutes Chapter 466 applicable to the liable party or in the event that Minnesota Statutes Chapter 466 does not apply, the maximum amount of insurance coverage available to the liable party. 5. Property Insurance: The City shall he responsible for obtaining insurance on its trade fixtures, equipment, supplies, fixtures and other personal property owned by the City and located on the premises described in this Agreement. 6. Equipment: Each party may use all non fixture equipment owned buy the other party with the understanding that each party is responsible for the repair of all equipment damaged during their scheduled use time. The replacement or purchase of equipment will be determined by the Director of Operations of Roseville Area Schools and the Director of Parks and Recreation City of Little Canada. Replacement costs shall be prorated based on the actual scheduled use of the Little Canada Elementary Gymnasium by the parties. 7. Arbitration: Any disputes regarding compliance with or interpretation of this Agreement shall be resolved by good faith negotiations. Failing that, such disputes shall be resolved by final and binding arbitration between the parties utilizing the American Arbitration Association. Fees for such arbitrations shall be shared equally by the parties, and each party shall be responsible for its own costs. 8. Term of Agreement This Agreement shall remain in full force and effect for twenty (20) years following adoption. The City and the School District shall have the right to terminate the Agreement by giving the other party ninety (90) days written notice of its intent to cancel the entire Agreement. In the event of cancellation, the parties will be mutually relieved of any further obligation as set forth in this Agreement. The Agreement may be extended by mutual agreement for a period of twenty (20) years pursuant to the terms and conditions set forth herein provided. 9. The School District and the City shall meet yearly before August 1 to review this Agreement. Adjustments and addendums to this Agreement may be made by mutual agreement. 3