Approving transfer of the SB Community School Corporation of Park Property in Potawatomi Park and Greenlawn Avenue

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physical education classes or school athletic teams. School Corporation reserves the right to-eject any user of the Track in its sole discretion. 6. Conveyance of Park Property to School Corporation. The Park Board hereby agrees to undertake those actions necessary under Indiana law in order to convey to the School Corporation the property identified at Exhibit B (the "Property"). The transfer of the Property is subject to the approval of the Common Council of the City. School Corporation agrees to replace any tree removed from the Property with two (2) trees. The trees shall by of a type specified by the Park Department and two (2") inches caliper. The placement of the trees shall be as designed by Hebard & Hebazd Architects, Inc., subject to the approval of the Park Department. 7. Construction Issues. School Corporation agrees to coordinate with the Pazk Department on issues related to the portions of the Project which will by constructed by the School Corporation on Park property. Park Board agrees to grant School Corporation any temporary easement rights which may be necessary for School Corporation to undertake any action contemplated by this agreement. 8. Liability and Indemnification. The Park Boazd shall be responsible for any and all liabilities, claims, suits, causes of action, proceedings, judgments, costs and expenses arising or alleged to arise out of any duty which the Park Boazd has, whether arising under this agreement or otherwise. The School Corporation shall be responsible for any and all liabilities, claims, suits, causes of action, proceedings, judgments, costs and expenses arising or alleged to arise out of any duty which the School Corporation has, whether arising under this agreement or otherwise. Each party agrees to indemnify, defend and save harmless the other for damages, claims, suits, causes of action, proceedings, judgments, costs and expenses arising or alleged to arise out of each party's ::ODMA~1 f {ODMA\S E3 [bL4N I ;90 114;2 -4-