Correspondence 1989-1990 Jopke - Laserfiche WebLink

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ti � b. The cast and expense of maintaining, repairing and operating Parcel B�as provided in subparagraph a. above, shall be borne by Welsh. ��,, � e. Welsh shall b� solely responsible for and shall pay the real estate taxes and � special assessments assessed against Parcel B. Welsh further agrees that Parcel B may � be placed up�n the Ramsey County tax rolls, notwithstanding that it is owned by the C ity. f. Welsh shall maintain g�neral public liability insurance against claims for Qe�°son�l injury� or death and pr�perty dam�ge occasioned by an accident occurring upon, in or �bo�t Pa.��cel B, such insurance �o aiford prote�etion with a limit of not less than $ , with respect ta inyury or death to any one person and with a limit of not less thaet $_ ? wich respe�t to injury or death to a�y n.�mbec of persons arising out �� any on� a�cident, �nd such insurance against pr�perty damage to �fford protection inrith a limit of not less than � ? , and sttail name the City as an additional n��med insured �her�on. All insurance �rovided fox in this paragraph shall be effe�tive under valid and �nP�rc�able polieies issued by insurers of �eeo�c�ized r�spansibility. Ceriificat�s er other evidence of such liability insurance palicies sh$11 E�e deliver�d to the City u�on issuanc� thereo►, and thereafter not Iess thae� thirty �30) days '�. ':+�:: prior to the expi�ration dgte of the expiring policies. The policies r�quired in this� r�0....��.�: Paragraph shall provide that such pQlicies shall not be cancelled without at least thirty (�0) days priar not�ce to the City. !n the eveni Welsh fails to ma.:??tain li�bility insuranc� irt accord�nc� with th� prvvisions of �his p�ragraph� and ig VVeis"� fa:�s� to correcfi suclh defa,ult after reason,able notice irom th� City, the City ma�y purcha�se �ueh liability► insuran�e for Welsh, and Welsh sh�ll pay or reirnburse the City for the cos� thereof. � 3� D�efault. in th� event thati W�lsh �hall fail to eomply with any other abligatians impos�d upon it under t6�is Agreement, includtr�g paymer�t of real �st�t� taxes �nd sp�cial as�essm�rats ievied sgainst Parcel �, then the City cnay send written r�otice to Hlelsh �et�ing forth th� �ll�g�d default, tn th� ev�n� sueh default is uncur�d for a p�riod o� thirty days after rec�ipt of suct� notice, or if such a det�ult be the ty�e which ca�not be curPd wPthin such time period, uniess Syelsh shatl have commenced �nd i� �xercisin� due diligen�e to cure th� same, the� the City m�y proceed to cuc� such default. If the failure �f �delsh hereto ta perf�rm its obligati�ns h�c�under caus�s art emecqency or ��rformance of sueh obligations is nscess�ry eo relieve oc pcev�nt a� �sn�c�eney, ar a forfeiture of titl�, then the noti�e requir�d to be given t� �'Velsh h�er�undec m�y �ither be dispensed with, or need only be such a ce�sAnable notice, if any, as is wsrca�ted by th� nature of th� speeific condition involved and, if apprd�ariat� �ction is not timely t�ken by Welsh� the City shall be entitled to immedlat�Iy cure such defaults without cequir�ment of gny further r�ot�ce. tn the event the City shall cure � default o� W�ish hereunder. Welsh shall be obligated to reimburse the City for cucin� such defaults or p�rfarming sueh maintenance, plus interest at the rate ot' 12�fi per annum on d�mand t�geth�r with any attorney's fees or other rosts incurred in connection with cotlecting the same. if Welsh �hall fail to pay such,,.sums. upo� demand, the City, if it sha11 h�ve cured such default, shall have a lien agaii�st P�rcel �to secure the payment of such indebt�dness. which may �e foreclosed in the manner for fo�eclosing mechanic's lien in the St�te of Vtinnesota. `�'..�• d.�,,�� A t,�, +;�<►c�:'c,. �� r`�'�2. ��,f �•� :..� - � ... 4. �ondemnation or Eminent Domain. [n the event that any portion oP Parcel @ is condemned or taken by or conveyed under threat of any right of eminent domsin ar the City seeks to vacat� this Easement for purposes of developing liqht rail transit�on Parcel � 8, Welsh shall have no right to claim an award for, or an interest in any award ioc, the l�ss of the use of parcel 8; provided� further, that the loss of the use of Parcel B shall -�- '.:; `� �:. •.