Agenda - Council - 10/11/2011 - Laserfiche WebLink

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10. Rotary Club Responsibility. Whereas, the Rotary Club is requesting that it have full responsibility for the design construction, maintenance and repair of the Project; and 11. Rotary Club Easement. Whereas, the Rotary Club desires to have a perpetual easement for the purpose of maintaining the Project within the Easement Area and 12. Public Park. Whereas, the Park is a public facility owned by the City for public purposes including recreational active park purposes. NOW THEREFORE, in consideration of the mutual promises contained in this Agreement the parties agree as follows: A. Grant to Construct. The City grants to the Rotary Club the right to construct and maintain the Project within the Park, provided the Rotary Club deems that sufficient funds have been secured to construct the full monument and facility usable and suitable for the Park. Prior to commencement of the Project, its plans and specifications shall be presented to the City for City's approval. In addition, the monument plans shall be certified by a licensed Minnesota structural engineer as being structurally sound and safe for display in the Park. B. Failure to Construct. The grant to construct the Project shall expire if the Rotary Club has not commenced and substantially completed construction of the Project on or before December 31, 2014. C. Park Easement. Term of the Easement shall be as follows: Grant of Easement. The City, as Grantor, for good and valuable consideration, hereby grants, sells and conveys to the Rotary Club as Grantee a non - exclusive easement over, under and across the Easement Area for the purposes of construction and maintenance of the Project. ii. Term of Easement. The easement will have an indefinite term commencing on the first day written above and continuing until terminated by the City by written Notice to the Rotary Club. In the event the Rotary Club is not in existence at the time of notification, written Notice to Rotary International at One Rotary Center, 1560 Sherman Avenue, Evanston, Illinois 60201 shall be deemed good and sufficient Notice. Notwithstanding the above, the City may not terminate the easement unless there has been a material breach of any of the terms of this Agreement by the Rotary Club, including failure to repair and maintain the memorial and associated appurtenances. This easement may also be terminated at any time by the Rotary Club by written notice to the City. Such notice shall be given at least 180 days in advance of the effective date of such termination and shall be delivered either personally or by certified mail to the City Administrator at the City's main offices currently 7550 Sunwood Drive NW, Ramsey, MN 55303. Before the effective date of such termination, the Rotary Club 2