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22 City of St. Anthony Village & St. Anthony New Brighton School District #282 Snowplowing Agreement This Agreement is made and entered into on this __day of 2008, by and between City of St. Anthony Village, Minnesota (the "City") and St. Anthony New Brighton School District No. 282 (the "School District"). WITNESSETH: WHEREAS, the School District operates (St. Anthony High School and Wilshire Park Elementary) which is located in the City; WHEREAS, the School has requested assistance from the City to plow snow on School property; WHEREAS, the City has the snowplowing equipment and personnel to assist the School with snowplowing; WHEREAS, the City finds that it will enhance the safety of its residents by providing snowplowing services to the School; NOW THEREFORE, it is mutually agreed between the City and School as follows: The City will provide snowplowing services to the St. Anthony New Brighton School District 9282 at the following location: St Anthony Middle and High School — 3303 33`d Ave, St. Anthony 55418 Wilshire Park Elementary School — 3600 Higherest Rd, St. Anthony 55418 2. The St. Anthony New Brighton School District understands that the City shall exercise judgment to determine if it can allocate available resources to assist the School. Failure to provide snowplowing services shall not be deemed a breached of this Agreement. The parties understand that the City makes no guarantee that it will provide any snowplowing services to the School nor that the snowplowing services it actually provides in a given situation will meet any particular criteria or standard. The City agrees to provide the snowplowing services described in Paragraph 1 at an agreeable amount to the School District. This provision does not restrict the parties from entering into an agreement for other services on a fee basis at any time. The School District agrees to hold the City harmless and to waive any claims it may have against the City, including claims for the damage, destruction or loss of property, caused by the City in performing its duties under this agreement.