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08-10-2020-SWS
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08-10-2020-SWS
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4 <br />2.7 Option to Acquire. Should the Lake Johanna Fire Department no longer serve the <br />City of Arden Hills or no longer use, occupy, or otherwise cease to operate in the fire <br />station, the fire station, at the discretion of the JPA, may be used by a successor <br />organization that provides fire protection to the cities.Parties. Should no acceptable <br />successor organization be identified the City of Arden Hills will have the option to <br />reimburse the other two citiesParties, the Cities of Shoreview and North Oaks, for <br />their respective contributions to the purchase of the landProperty, construction of the <br />fire station, and any applicable capital improvements to the station plus inflation as <br />measured by the Consumer Price Index (CPI) and take ownership of the land and <br />associated buildings. <br /> <br />2.8 Project Abandonment, Option. If the project does not move forward and the station <br />is not constructed, the City of Arden Hills will have the option to reimburse the other <br />Pparties for their direct cost to acquire the land and take ownership of the land. <br />Should the City of Arden Hills not exercise this option, the land may be sold and the <br />proceeds will be divided amongst the citiesParties and fire department based on their <br />initial direct cost for the land purchase of the Property. <br /> <br />3 Assignment, Amendments, Waiver, and Contract Complete <br />3.1 Assignment. The Parties may not No party may assign nor or transfer any rights or <br />obligations under this Agreement. <br /> <br />3.2 Amendments. Any amendment to this Agreement must be in writing and will not be <br />effective until it has been signed and approved by the same parties signatories of each <br />City who signed and approved the original Aagreement, their successors in office, or <br />other individual duly authorized. <br /> <br />3.3 Waiver. If any party fails to enforce any provision of this Agreement, that failure does <br />not waive the provision or the right to enforce it in the future. <br /> <br />3.4 Contract Complete. This Agreement contains all negotiations and agreements <br />between the CitiesParties. No other understanding regarding this Agreement, whether <br />written or oral, may be used to bind either partythe Parties. <br /> <br />4 Liability <br />Each City will be responsible for its own acts and behavior and the results thereof and <br />shall not be responsible or liable for the other Pparty’s actions and consequences of those <br />actions. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466, governs the <br />Cities’ municipality’s liability. <br /> <br />5 Venue
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