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09/27/11
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09/27/11
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Meetings
Meeting Document Type
Agenda
Document Title
Housing & Redevelopment Authority
Document Date
09/27/2011
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permitted. The period of redemption for Parcel owners is six months from the date of the <br />foreclosure sale. If the City brings an action to recover a judgment for unpaid Parking <br />Maintenance Costs (whether or not the City elects to also foreclose its lien), the City may also <br />recover interest, as described above, and all costs of collection, including reasonable attorneys' <br />fees and costs. The City may, in the future, seek to amend its Charter to permit the City to <br />specially assess amounts due under this Agreement against a Parcel if such amounts are not paid <br />when and as they are due under the terms of this Agreement. <br />16. Damage or Destruction, Insurance and Waivers of Claims. If the District A <br />Parking Improvements are damaged or destroyed, the City will repair such damage or destruction <br />or, if the City determines that it is in the City's best interest to replace the damaged District A <br />Parking Improvements, the City will replace the damaged or destroyed District A Parking <br />Improvements. The City must commence such repair or replacement within 6 months of the date <br />of the damage or destruction and must complete such repair or replacement within 12 months of <br />the date of such damage or destruction. The cost of such repair or replacement will be a Parking <br />Maintenance Cost, but the City must use insurance proceeds and reserve funds, to the extent <br />available, to finance such repair or replacement. If insurance proceeds and reserve funds are <br />insufficient to finance the cost of repair or replacement, the City may finance the repair or <br />replacement from other sources and reimburse itself or repay third parties from future collections <br />of Parking Maintenance Costs. The City must obtain and maintain casualty insurance insuring <br />the District A Parking Improvements. The City must obtain the casualty insurance through the <br />League of Minnesota Cities or from an insurance company that is licensed in the State of <br />Minnesota and that has a B general policyholder's rating or a financial performance index of 6 or <br />better in the Best's Insurance Reports. The City must maintain insurance for the full replacement <br />cost of any insurable improvements that constitute a part of the District A Parking <br />Improvements, subject to a deductible in an amount the City Council determines; provided the <br />amount of the deductible may not exceed one-half of one percent of the replacement cost of the <br />District A Parking Improvements as reasonably estimated by the City Council from time -to -time. <br />The cost of the casualty insurance and the amount of any deductible, in the event of an insured <br />loss, are Parking Maintenance Costs. The City hereby releases the Parcel owners, the Parcel <br />owners' tenants, and the Parcel owners' and Parcel owners' tenants, employees, customers, guests <br />and invitees from claims for damage to or destruction of the District A Parking Improvements to <br />the extent, and only to the extent, that damage to the District A Parking Improvements are <br />covered by the insurance the City maintains pursuant to this Section 16 and the City is actually <br />able to recover the cost of repairing the damage under its insurance policy. <br />17. Amendments. This Agreement may be amended, at any time, with the written <br />consent of the fee owner of each Parcel in Parking District A. To be effective the amendment <br />must be executed and acknowledged by each such Parcel owner and the amendment must be <br />recorded in the appropriate County land records. In addition, the City may amend this <br />Agreement pursuant to Section 18 and 19 below. <br />18. Changes to Parking District A. At any time and from time to time and without <br />the consent of the Parcel owners, except as provided in Section 18.1 below, the City may (A) <br />amend this Agreement to redefine Parking District A to include additional portions of the HRA <br />Property; to subject the included portions of the HRA Property to covenants and restrictions set <br />forth in this Agreement and to extend the easements granted in Section 4.1 to the included <br />A-8 <br />2707737v11 <br />09/27/11 <br />
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