|
construction traffic for the Project shall not be permitted to use the residential streets south of the
<br />Project area, including but not limited to Greenfield Avenue and Edgewood Drive. The EDA may
<br />designate a different Limited Use Area on the Property at its sole discretion after providing 14 days'
<br />written notice to Coventry.
<br />3. Consideration. Coventry agrees to pay the EDA $300 per month for the grant of the
<br />limited use.
<br />4. Scope. The EDA reserves the right to the use the Property, including the Limited Use
<br />Area during the term of this Agreement for its own purposes.
<br />5. Maintenance and Repair. Coventry shall repair and maintain, in a proper, substantial
<br />and workerlike manner, the Limited Use Area during the term of this Agreement. Coventry shall be
<br />responsible for the costs of removal of any refuse or waste materials from the Limited Use Area, and
<br />shall be responsible for sweeping Greenfield Avenue and County Road H2, upon notice. Coventry
<br />shall not use the Limited Use Area for the storage, handling, transportation, or disposal of any
<br />hazardous substance, hazardous waste, pollutant, or contaminant as those terms are defined in 42
<br />U.S.C. Section 9601, et. seq. ("CERCLA") or Minnesota Statutes Chapter 115B ("MERLA"). In the
<br />event that Coventry fails to repair or maintain the Limited Use Area during the term of this Agreement,
<br />such limited use grant may be revoked by the EDA. Upon termination of this Agreement, Coventry
<br />shall return the Limited Use Area to its original condition. Coventry agrees to provide the EDA with a
<br />$5,000 performance bond or letter of credit to be used in the event Coventry fails to correct or restore
<br />the site to previous conditions upon conclusion of the term of the Agreement.
<br />6. Hold Harmless; Indemnification. Any and all claims that arise or may arise against
<br />Coventry, its officers, employees, agents, or contractors while engaged in its use of the Limited Use
<br />Area shall in no way be the obligation of the EDA. Furthermore, Coventry shall indemnify, hold
<br />harmless, and defend the EDA, its officials, employees, contractors, and agents from and against any
<br />and all liability, loss, costs, damages, expenses, claims, actions, or judgments, including reasonable
<br />attorneys' fees which Coventry, its officers, employees, agents, or contractors may hereinafter sustain,
<br />incur, or be required to pay, arising out of by reason of any act or failure to act by Coventry, its officers,
<br />employees, agents, or contractors or arising out of or by reason of this Agreement. Nothing in this
<br />Agreement shall be construed as a waiver by the EDA of any immunities, defenses, or other limitations
<br />on liability to which the EDA is entitled by law, including but not limited to the maximum monetary
<br />limits on liability established by Minnesota Statutes Chapter 466 or otherwise.
<br />7. Insurance. During the term of this Agreement, Coventry shall procure and keep in
<br />force "occurrence" based commercial general liability insurance, providing coverage for bodily injury,
<br />personal property damage, personal injury, and contractual liability, on terms and with companies
<br />acceptable to the EDA. Such policy or policies shall have combined policy limits in amounts not less
<br />than $1,500,000. All insurance policies must name the EDA as an additional insured and be effective
<br />upon possession of the Limited Use Area by Coventry and provide for sixty (60) days' notice to the
<br />EDA in the event of cancellation or modification of the policy and 10 days' notice for nomenewal.
<br />8. Term and Termination. The term of this Agreement commences on the effective date
<br />of this Agreement and will be valid until December 31, 2014. The Agreement will continue from
<br />A-2
<br />442350v2 MU210-189
<br />
|