03/23/95 Agenda & Packet - Laserfiche WebLink

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MAR 16 '95 11:44 HOLMES & GRAVEN P.4 •for approval_ The City, in its sole discretion, has the right to approve the design of the building to ensure that it is aesthetically pleasing and compatible with the other City buildings. Section 8. Real Estate Taxes and Assessments. Association shall pay directly to the appropriate governmental authorities, before any fine, penalty, interest or costs may be added thereto for the nonpayment thereof, all real estate taxes or payments required by any governmental authority in lieu thereof and installments of special assessments payable during the term of this lease, which shall during the term be laid, assessed, levied, or imposed upon or become payable or a lien upon the Property and the improvements or any part thereof or charged to the City. If, by law, any such amounts are payable or may, at the option of the taxpayer, be payable in installments (whether or not interest shill accrue on the unpaid balance of such amounts), Association may pay the same together with any accrued interest on the unpaid balance in installments as the same respectively become payable and before any fine, penalty, interest or cost may be added thereto for the nonpayment of any such installment and interest. Association, upon request, shall forward to the City written evidence of payment of the amounts. Section 9. Other Taxes. Association shall pay directly to the appropriate governmental authorities before any fine, penalty, interest or costs may be added thereto for the nonpayment thereof, any tax or excise imposed or assessed on rent, on any leasehold interest, any right of occupancy, any investment of Association in the Property and improvements, any personal property of any kind owned, installed or used by Association, including Association's leasehold improvements, any privilege tax, sales tax, gross proceeds tax, etc. , however described, by any federal, state, county, or municipal governmental authority or any subdivision thereof or other governmental authority. Section 10. Utilities.. Association shall directly pay or cause to be paid, directly to the proper governmental entity or publicly regulated private utility company, all charges for water, gas, sewer, electricity, telephone, cable television or other service or utility used, rendered, or supplied upon, or in connection with the Property and improvements during the Term of the lease. Association shall contract for the utilities in Association's own name and shall hold City harmless from any liability or expense for any such charge. Section 11. Indemnification. The Association will defend, indemnify, and hold the City, its officers, employees, and agents harmless from any liability arising out of this agreement or arising out of the Association's construction, operation, maintenance or use of the property. Section 12, Insurance. The Association will maintain, or cause to be maintained, at its cost and expense comprehensive general public liability insurance for the mutual benefit of the City and the Association in such amount as may be required by the City from time to time, but in. no event less than the liability limits set forth in Minnesota Statutes, 1466.04. The limits set forth in that section as of the effective date of this lease are $200,000 per claimant and $600,000 per occurrence. The insurance required by this section shall be in form and content satisfactory to the City and shall be issued by a company authorized under the laws of Minnesota to assume the risk covered by the insurance policy. The Association will deposit annually with the City a policy evidencing that the appropriate insurance coverage has been procured, or a certificate from the insurance company stating that J.7785 57 i MJ125-13 2