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4652-18 MOU with St. Joseph County Public Library and Community Foundation regarding the Community Education Center Project
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4652-18 MOU with St. Joseph County Public Library and Community Foundation regarding the Community Education Center Project
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11/28/2018 1:22:57 PM
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11/28/2018 1:22:50 PM
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City Council - City Clerk
City Council - Document Type
Resolutions
City Counci - Date
11/26/2018
Ord-Res Number
4652-18
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in connection with the Foundation's use and occupancy of the Foundation Space, <br /> including any injuries to persons or damages to property, unless caused by the acts or <br /> omissions of the Public Library. <br /> (c) Waiver of Claims by the Foundation. The Public Library shall not be <br /> liable for and the Foundation waives all claims against the Public Library for damages to <br /> persons or property sustained by the Foundation or the Foundation's officers, employees, <br /> or agents resulting from the use by the Foundation of the Foundation Space or any <br /> equipment or appurtenances becoming out of repair, or resulting from any accident or <br /> occurrence in or about the Foundation Space. <br /> (d) Damage to the Foundation Space. In the event the CEC Building is <br /> partially or totally destroyed by fire or other casualty, the Public Library, in its sole <br /> discretion, may restore, repair or demolish the CEC Building dependent upon the <br /> availability of insurance proceeds as more fully described in the Lease. <br /> SECTION 9. Conditions to Obligations of the Parties. The Parties acknowledge and <br /> understand that notwithstanding anything in this Agreement to the contrary (i) the Parties must <br /> take future actions to undertake and implement certain obligations under this Agreement, (ii) the <br /> representations of and performance of the covenants and agreements of the City and the <br /> Commission are subject to and contingent upon compliance with and completion of applicable <br /> statutory and administrative procedures, including, without limitation, applicable public notice <br /> and public hearing requirements, official actions by governing bodies, and any remonstrance and <br /> appeal rights, (iii)the representations of and performance of the covenants and agreements of the <br /> Public Library are subject to and contingent upon compliance with and completion of applicable <br /> statutory and administrative procedures, including, without limitation, applicable public notice <br /> and public hearing requirements, official actions by governing bodies, and any remonstrance and <br /> appeal rights, (iv)the representations of and performance of the covenants and agreements of the <br /> Foundation are subject to and contingent upon (A) approval of this Agreement by the Board of <br /> Directors of the Foundation and/or such other corporate approval as is required by the governing <br /> documents of the Foundation, and (B) the satisfaction of the conditions and contingencies set <br /> forth in this Agreement. Each Party covenants that it shall use its best efforts to do all things <br /> lawfully within its power to take the necessary actions to effectuate the obligations contemplated <br /> hereby and otherwise implement this Agreement to the fullest extent possible in accordance with <br /> the time frames set forth herein, unless such dates are extended by mutual written consent of the <br /> Parties. <br /> SECTION 10. General. <br /> (a) The Parties agree that time is of the essence in the matters described <br /> herein and that the Parties agree to perform their respective obligations hereunder. <br /> (b) The Public Library shall, in good faith, expedite the review and approval <br /> of all required environmental, health, safety, construction and other permits, licenses, <br /> commitments and approvals relating to the 2018/2019 Projects. <br /> - 7- <br />
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