08-14-2013 Council Agenda - Laserfiche WebLink

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Authorized Parties in connection with the right of entry granted pursuant to this Agreement and City agrees to indemnify, defend and hold harmless St. John's from and against the same. 3. Release /Hold Harmless /Indemnification. City releases St. John's from any claims for loss or damage to property or any injury to or death of any person arising out of or relating to City Authorized Parties' presence on the Property pursuant to this Agreement or in City's exercise of its rights or performance of its obligations under this Agreement. The City shall indemnify, defend and hold harmless St. John's from any liability, injury, loss, damage, action, claim, cost or expense, including but not limited to reasonable attorney fees, on account of, or in any way arising out of this Agreement or any activities of City conducted or located on or about the Property pursuant to this Agreement. 4. Repair. The City agrees to repair any damage to the Property that is not otherwise acquired by the City through eminent domain or such other lawful process of acquisition or conveyance and any other surrounding property of St. John's that is damaged as a result of City's activities under this Agreement. The City agrees to restore such property to its original condition before this Agreement terminates hereunder. 5. Non - waiver of Right to Compensation. Nothing in this agreement shall constitute or be construed as a waiver for any compensation that St. John's may be entitled to under applicable laws relating to eminent domain, including but not limited to compensation for temporary or permanent easements acquired or granted herein or at a later date, or by conveyance by St. John's to the City pursuant to a mutually acceptable agreement between the parties. 6. Governing Law. The parties agree that the interpretation and construction of this Agreement shall be governed by the laws of the State of Minnesota. 7. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 8. Termination. This Agreement terminates upon St, John's conveyance of the Property to City, City's acquisition of such Property or June 30, 2014, whichever occurs first. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. ST. JOHN'S CHURCH OF LITTLE CANADA By By Its: Its: 3