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O-1994-1970
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O-1994-1970
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Last modified
11/2/2016 3:38:54 PM
Creation date
7/24/2006 11:25:59 AM
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Legislative Records
Legislative Type
Ordinance
Date
3/28/1994
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<br />. <br /> <br />. <br /> <br />\ <br /> <br />VI. <br /> <br />Use of the facility by the public will be limited to those times designated as Open Use by the <br />City or when the facility is not being utilized by the Association, either on one of the above <br />authorized dates or by an authorized rental agreement, or by any rental party. <br /> <br />VII. <br /> <br />The Association shall indemnify and hold harmless the City, its officers, directors, agents, and <br />employees from and against any and all claims, damages, losses, expenses, and liabilities, <br />including attorney's fees which may be asserted against or incurred by the City arising, directly <br />or indirectly, from any activities conducted or services performed by the Associati~~ under this <br />agreement, or from any event occurring on the premises owned by the City during any period <br />in which activities are being performed, conducted, or sponsored on the premises by the <br />Associ~tion. <br /> <br />The City shall indemnify and hold harmless the Association, its officers, directors, agents, and <br />employees from and against any and all claims, damages, losses, expenses, and liabilities, <br />including attorney's fees which may be asserted against or incurred by the Association arising, <br />directly or indirectly from any activities conducted or services performed by the City under this <br />agreement, or from any event occurring on the premises owned by the City during any period <br />in which activities are being performed, conducted, or sponsored on the premises by the City. <br /> <br />VIII. <br /> <br />The Association shall keep and maintain during the term hereof, a comprehensive general <br />liability policy, with the City named as an additional named insured, with limits of liability of <br />not less than five hundred thousand dollars ($500,000.00) combined single limit bodily injury <br />and property damage per occurrence. The Association shall furnish the City with a certificate <br />of insurance evidencing such coverage. Such insurance shall include contractual liability <br />insuring the indemnity agreements contained herein. <br /> <br />IX. <br /> <br />This instrument contains the entire agreement between the parties relating to the rights herein <br />granted and the obligations herein assumed. Any representations or modifications concerning <br />this agreement shall be of' no force or effect excepting a subsequent modification in writing <br />signed by all parties hereto. <br /> <br />x. <br /> <br />This agreement will be in force for a period of thirty (30) years. The Association agrees to <br />pay to the City an annual amount of ten thousand dollars ($10,000.00), payable on or before <br />the 31 st day of October, until all capital costs of the construction are retired. By agreement <br />of both parties, this agreement may be extended for the necessary period of time to fund any <br />future construction or renovation at the arena site. If the Association is late with a payment, <br />
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