2024.03.04 CC Packet - Laserfiche WebLink

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15.The Society/Nonprofit shall comply with all applicable laws, statutes, and ordinances. 16.The City will maintain its general public liability insurance reasonably satisfactory to the City for the benefit of the Society/Nonprofit with respect to the operation of the Site pursuant to this agreement. The City shall not be liable to the Society/Nonprofit, its officers, directors, agents, or employees for any claim or loss arising as a result of, or related to, this Agreement, except insofar as such claim results from the City’s failure to perform its obligations hereunder. The City shall be an additional insured. 17. The Society/Nonprofit shall hold harmless, defend and indemnify the City in connection with any claims, suits, actions or judgments arising out of or relating to its use of or activities on the Property and those of its invitees. 18.The Society/Nonprofit agrees to hold the City harmless from any claims or charges arising in any way out of the operation of the premises and to reimburse the City for any and all losses it incurs as a result of such claims. The provision shall not, however, apply to such claims or losses for which the City or the Society/Nonprofit is provided coverage under the City’s general public liability insurance policies or umbrella policies. 19.The Society shall neither assign nor transfer any rights or obligations under the Agreement without the City’s prior written consent, except that the Society shall transfer all rights and obligations under this Agreement, as well as all unexpended funds donated to the Hopkins Schoolhouse project, to the Nonprofit once formed. At that time, the authorized agent shall transfer to the President of the Nonprofit for the purposes of this Agreement. Any and all notices, reports, or other submissions to the Society shall be made to this individual or their successor in office at the following address: Elizabeth Cinqueonce President Hopkins Schoolhouse and Heritage Center 14669 Fitzgerald Avenue North Hugo, Minnesota 55038 Once the rights and obligations under the agreement have been transferred to the Nonprofit, the Nonprofit shall neither assign nor transfer any rights or obligations under this Agreement without the City’s prior written consent. 20. Any and all amendments to this Agreement shall be in writing and executed by the same parties who executed the original Agreement, the authorized agent for the Nonprofit, or their successors in office. 21. This Agreement may be terminated by either party upon one hundred eighty(180) days’ prior written notice to the other party, in which case the Society/Nonprofit shall retain any unused funds to be used for mission-related purposes. 22.No residential use may be made of the Site. 23.If the City decides to sell or modify use of the property, the City shall provide a minimum two-years notice to the Society/Nonprofit and shall: Page 11 of 89