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2022.03.07 CC Packet
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2022.03.07 CC Packet
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3/4/2022 8:46:48 AM
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City Council
Document Type
Agenda/Packets
Meeting Date
3/7/2022
Meeting Type
Regular
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agents, employees, licensees, invites, and permitees on the Parking Lot or arising out of <br />or relating to the party’s failure to comply with the terms of this Agreement. To the <br />extent permitted by law, nothing in this Agreement shall be deemed a waiver of any <br />limitation of liability or defenses by the City under Minnesota Statutes Chapter 466 of <br />any other provision of law. <br />5.Insurance. Each party shall, at its own expense, maintain and keep in force <br />comprehensive general liability insurance against claims for personal injury, death or <br />property damage arising in connection with this Agreement in at least the limits set forth <br />in Minnesota Statutes, section 466.04, as amended. The insurance coverage required <br />under this Agreement shall extend to any liability of the Parties arising out of the above <br />indemnities. The Parties shall provide proof of such insurance to each other upon written <br />request. The Parties shall notify each other immediately if there is a lapse in insurance <br />coverage. <br />6.Real Estate Taxes. Grantor shall be solely responsible for any real estate <br />taxes and assessments on Grantor’s Parcel. <br />7.No Partnership or Joint Venture. None of the terms or provisions of this <br />Agreement shall be deemed to create the relationship of principal, agent, partnership, or <br />joint venture between the Parties. <br />8.Amendment. This Agreement may only be amended, changed, or <br />terminated by written agreement signed by the then existing owners of the Grantor Parcel <br />and City Parcel. <br />9.Waiver. Failure to enforce any covenant or condition of this Agreement <br />shall not be deemed to be a waiver of the right to do so after that. No waiver by any Party <br />of any covenant or condition of this Agreement shall be effective or binding on the party <br />unless made in writing and no waiver will be implied from any omission by a party to <br />take action with respect to the covenant or condition. The express waiver of any covenant <br />or condition will not be a waiver or any other covenant or condition to cover any other <br />period of time except for the covenant or condition and the period of time specified in the <br />express waiver. <br />10.Covenant Running With Land. This Agreement shall be a covenant <br />running with the land and shall be binding upon and inure to the benefit of the owners <br />from time to time of the City Parcel. <br />11.Severability. The invalidity of any portion of this Agreement shall not <br />impair in any manner the validity, enforceability or effect of the rest of this Agreement.
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