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4.2. SR 02-02-1998
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4.2. SR 02-02-1998
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2/2/1998
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in Exhibit A hereto. This Agreement is entered into pursuant to Minn. Stat. {}471.59, et seq., and <br />other applicable statutes, and the express and implied powers of the parties. This Agreement may be <br />amended or terminated only by written agreement of both parties to do so. <br /> <br /> 2. The land to be used in such joint enterprise (the Property), is located in Sherburne <br /> <br />County, Minnesota. The Property is owned by the District. <br /> <br /> 3. In the event the City proposes to improve the Property, it shall prepare or have <br /> <br />prepared acceptable plans which describe the anticipated improvement. The plans, which shall <br />include estimated costs, shall be submitted to the District in advance of any alteration of the Property. <br />Within forty-five (45) days after receiving plans relating to the proposed improvements to the <br />Property, the District shall approve or deny the proposed improvements. Approval shall not be <br />unreasonably withheld, so long as the proposed improvements are consistent with the Property's <br />current use and community standards. <br /> <br /> 4. All costs related to improvements proposed and installed by the City (including but <br /> <br />not limited to planning costs, site development, etc.), shall be the responsibility of the City, unless <br />otherwise agreed to by the parties in writing. <br /> <br /> 5. In the event of any loss, damage or injury to any person or property arising out of the <br /> <br />use of improvements to the Property installed by the City, the City shall hold the District harmless <br />from and defend against any claim, demand or cause of action initiated to recover the amount of any <br />such loss, damage or claim if the claimed loss arose from the City's negligence. Each party shall <br />carry, at its own expense, comprehensive liability insurance covering its potential liability related to <br />the Property with personal injury limits as may from time to time be required under the provisions of <br />Minn. Stat. {}466.04 and any amendments thereto. <br /> <br />BeckP540758.1 2 <br /> <br /> <br />
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