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LA515\1\1029344.v1 2
<br />for the purpose described herein and does not confer any estate or interest in the City Property to
<br />the University, other than what is provided for in this License Agreement.
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<br /> 5. The University shall comply with all applicable laws, ordinances, and
<br />governmental regulations affecting the City Property and its use of the City Property. However,
<br />the City hereby grants the University a waiver of the City’s irrigation restrictions for the time
<br />period of August 1, 2025- December 31, 2025 or as otherwise approved by the City Council. The
<br />University shall inform the City’s Public Works Director of the date of planting of the grass seed.
<br />The University shall not use the City Property for the transportation, storage, handling or disposal
<br />of any Hazardous Substance, Hazardous Waste, pollutant, or contaminant as those terms are
<br />defined in 42 U.S.C. § 9601 et. seq. (“CERCLA”) or Minnesota Statutes Chapter 115B
<br />(“MERLA”).
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<br /> 6. The University at its expense, during the term of this License Agreement, shall keep
<br />in full force and effect a policy or policies of “occurrence” based general commercial liability
<br />insurance, providing coverage for personal property damage, personal injury, and contractual
<br />liability. The University shall provide the City with a certificate of liability insurance, effective at
<br />the commencement of its use of the City Property, with a minimum coverage of $1,000,000 per
<br />occurrence and naming the City as an additional insured. The sufficiency of the certificate of
<br />liability insurance is subject to the review and approval of the City. The above-mentioned
<br />certificate of liability insurance must be submitted by the University to the City prior to the
<br />commencement of the University’s use of the City Property.
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<br /> 7. The University shall defend, indemnify, and hold harmless the City, its officials,
<br />agents, contractors, and employees, against all suits, demands, causes of action, liabilities, or
<br />claims for injury or damages of whatever nature, including personal injury, death, or damage to
<br />property, arising out of, or related to the University’s use of the City Property by the University’s
<br />officials, employees, agents, participants, guests, and invitees pursuant to this License Agreement.
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<br />8. The University accepts the City Property “AS IS” and “WHERE IS,” and with all
<br />defects whether known or unknown. The University disclaims any warranty that the City Property
<br />is suitable for its use.
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<br /> 9. Other than the improvements specifically authorized by this License Agreement,
<br />the University shall not make any improvements to the City Property without the City’s prior
<br />written consent. The University may commence the construction of the improvements only after
<br />obtaining and providing to the City any requisite approvals, licenses, permits, and
<br />indemnifications. Any improvements made by the University to the City Property shall become
<br />the sole property of the City. Under no circumstances shall the University be entitled to any
<br />compensation from the City for the cost of any improvements made by it to the City Property.
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<br />10. This License Agreement shall commence on _________________, 2025. The
<br />University may terminate this License Agreement at any time and for any reason by providing
<br />written notice to the City. The City may terminate this License Agreement at any time and for any
<br />reason by providing 30 days’ written notice to the University.
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