Agenda - Council - 12/11/1990 - Laserfiche WebLink

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I. The City shall keep the Fishing Pier in clean and sightly order in accordance with the City's customary practices for the maintenance o£ the public park area. Additionally, the City-shall provide all necessary minor repairs and other routine maintenance service includingw but not limited to, repair or replacement of decking and railing. It is understood that major structural improvements or repairs shall be the responsibility of the State. J. The City shall provide any permit or license to the State which it might require for the improvements, K. The City shall remove the pier from the river no later than October 30 to protect the pier from damage , caused by ice action. Additionally the City shall return the pier to its original location (Exhibit B} no later than May 1, or as close to that date as possib~e depending on water level conditions. III. FUNDING The State shall provide the Fishing Pier in accordance with the plan. The cost of the ~ishing pier structure shall be borne by the State° Said structure shall be in accordance with the piano IV. LIABILITY Each p~rt7 agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and'results thereof. The State's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statute 3.736 (1986)w and other applicable law. The municipality's liability shall be governed by Minnesota Statute 466.01-466.15, and other applicable law. V, TERM This Agreement shall commence on the date that all signatures are obtained~ and shall be perpetual, except as otherwise provided. VI. AUDIT The books, records~ documents and accounting procedures and practices of the City relevant to this Agreement are subject to examination by the Commissioner of Natural Resources and the State Auditor.