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access at all times, and shall determine the appropriate uses and condition of premises; <br />and <br />8. Storage Containers. Whereas, it is understood that more than one of <br />ARAA's sports divisions has contributed to the Building project, and that outside <br />storage containers shall no longer be needed in the park. <br />NOW THEREFORE, in consideration of the mutual promises contained in this <br />Agreement the parties agree as follows: <br />A. Grant to Construct. The City grants to ARAA the right to construct, <br />maintain, and upon completion of the structure, donate to the City the Building for <br />public purposes; provided ARAA warrants that sufficient funds have been secured to <br />construct the full facility, including the amount anticipated to be done with volunteer <br />labor. <br />B. Building Permit Fees. The City Council will waive /not waive Building <br />Permit Fees in the amount of $569.51, and not waive the State of Minnesota surcharge of <br />$9.75. These costs are based upon the minimum estimated value determined by the <br />square footage as identified by the State of Minnesota of a Building valuation of $19,502. <br />C. Performance Bond, Surety and Escrow. City Council requires /does not <br />require a Performance Bond, Surety and Escrow. <br />D. Failure to Construct, and Continuous Progress. The grant to construct <br />the Building shall expire if ARAA has not commenced and substantially completed <br />construction of the project on or before December 31, 2012. Additionally, once the <br />construction commences, the progress shall be continuous (barring inclement weather), <br />and the site shall be inspected the end of each work shift for site security with added <br />attention to public safety in a park known to host unattended children. <br />D. Condition of Premises not Warranted. The City does not warranty any <br />aspect of the project and ARAA assumes all risk with respect to the construction and <br />maintenance of the Building. More specifically, the City shall have no responsibility <br />with regard to any failure of or damage to ARAA's improvements within the park; <br />before or after donation of the Building. <br />E. Maintenance. ARAA at its expense shall be entirely responsible for <br />maintenance of the Building and its on -going operation. <br />F. Construction, Licensure and Insurance. ARAA' contractors or vendors <br />working on city property shall be licensed or permitted to work in the city; and they <br />