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Be Active! Be Green! Bench Initiative Agreement 2 <br />H. Will provide a photograph of each bench installed for use by COUNTY for its reporting, <br />messaging, and marketing purposes. <br />OTHER TERMS: <br />I. CANCELLATION and REMOVAL: GRANTEE agrees that, in the event a bench is removed <br />or not maintained, that GRANTEE will reimburse COUNTY for the cost of the bench at a <br />pro-rated amount based on a twenty-year useable life. If the bench is reinstalled at an <br />COUNTY approved replacement location, either owned by GRANTEE or another partner, <br />COUNTY may waive the reimbursement requirement. <br />J. LIMIT OF COUNTY PARTICIPATION: The County’s participation in this agreement is <br />limited to providing funding for the initial supply of benches, coordinating delivery, and <br />ensuring the benches are located, installed, maintained, and repaired, as it determines <br />is necessary and as provided herein. Nothing herein shall be deemed to require the <br />County to pay or perform maintenance, repair, or replacement on the provided <br />benches. <br />K. INDEMNIFICATION: The GRANTEE shall defend and indemnify the COUNTY, its officers, <br />agents, and employees from all claims and causes of actions relating to or arising from <br />the GRANTEE's installation, use, and maintenance of the benches, or their use and <br />availability to visitors and other members of the public. This provision shall survive any <br />termination of this agreement. <br />L. ENTIRE AGREEMENT: This Agreement shall constitute the entire Agreement between <br />the parties and shall supersede all prior oral or written negotiations and any <br />amendments to this Agreement shall be in writing. <br />This Agreement is duly executed on the last date written below. <br />RAMSEY COUNTY GRANTEE <br />By: By: <br /> <br />Ryan O’Connor, County Manager Print Name: <br /> <br />Date: Date: <br /> <br />Approval Recommended: <br /> <br /> <br /> <br />Brian Isaacson, Director <br />Ramsey County Public Works <br />Approved as to form: <br /> <br /> <br /> <br />Assistant County Attorney