Agenda - Council - 11/07/1994 - Laserfiche WebLink

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7. That thc l~'crmim~ shall indemnify, kccp and hold thc City fi.cc and harmless from any and all liabili ~, on account of injury to persons or damage to property occasioned by thc construct: Dn, maintenance, repair, inspection, thc issuance of a permit, or thc operations of thc clcctri~ facility in thc City of Kamsc),. 8. That if ar~y provision of this Permit shall be declared void or unenforceable, thc other provision~ shall not be affected, but shall remain in full force and effect.. 9. That this iPermit shall not be considered modified, altered, changed or amended in any respect u~less in writing and signed by the City and the Perminee. 10. Any righ!s conferred on the Perminee by this Permit are personal to AMU. The City is issuing this Permit on the basis of the credit and reputation of AMU. AMU shall not assign or rransf~ this Permit without first obtaining approval of the City which may allow or disallow ~uch transfer in its absolute and sole discretion. In the event of transfer, the Permit shhll apply to AMU successors and assigns, in the event the City declines for any reason to[allow thc transfer of this Permit, AMU shall either continue with operations in full compliance with the terms of this Permit or terminate operations at its option. 11. For perp~iuity commencing July 1, 1996, the Permit-tee will make a payment to the City, in lieu of ta~es, at the City's current taxing rate for a value of Four Hundred Fifty Thousand Dollars ahd no cents ($450,000.00) (3 miles of transmission lines x $150,000.00/mile), adjusted ~nualty by the effective increase or decrease in the City's tax capacity rate but not to exceedlthe consumer price index. The transaction of said payment shall be initiated by the City ehch and ever), year for perpetuity. The motion for ~e adoption of the foregoing resolution was duty seconded by Councilmember artd upon vote being taken thereon, the following voted in favor thereof: Representatives 0f AMU hereby acknowledge receipt of this permit and acknowledge that they have reviewed thie conditions of this permit and have agreed that they will cause compliance with the terms of this permit_ AMU By: Its: STATE OF MiNNESOTA COUNTY OF ~NOKA ) On this.~ day of , 199_, ,'before me a Notary Public, personally appeared the of AMU, to me known to be the persons deseX.['bed in andwho executed the foregoing in[trument and acknowledged that they executed the sam~ as their free act and deed. Notary Pubhc r