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CCP 09122022
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CCP 09122022
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9/8/2022 11:23:39 AM
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9/8/2022 11:23:20 AM
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Roseville City Council
Document Type
Council Agenda/Packets
Meeting Date
9/12/2022
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Attachment A <br />FIRST AMENDMENT TO LEASE <br />This First Amendment to Lease is entered into by and between the Roselawn Cemetery, a non- <br />profit corporation, (“Landlord”) and the City of Roseville, a municipal corporation, (“Tenant”), <br />as of this ______ day of ____________, 2022. <br />Recitals <br />WHEREAS, the Landlord and Tenant are parties to a Lease dated December 14, 1992; <br />WHEREAS, the Landlord and Tenant agree that certain amendments to the Lease are appropriate; <br />and, <br />WHEREAS, the Landlord and Tenant wish to memorialize the terms and conditions of such <br />amendments in writing. <br />NOW, THEREFORE, intending to be bound by the mutual covenants contained herein, the <br />Landlord and Tenant hereby agree to the following First Amendment to Lease: <br />1.Indemnity and Insurance. Paragraph 10 of the Lease is hereby amended to include the <br />following provision in addition to said paragraph’s original terms: <br />“With regard to third-party claims brought against Landlord arising from the use of the <br />Premises, Tenant shall hold harmless Landlord from and against any and all such claims, <br />demands, costs, and expenses resulting therefrom, including reasonable attorney’s fees and <br />costs in pursuit of such defense. Tenant shall retain all authority and discretion in <br />furtherance of such defense. Nothing in this Lease and its Amendments is intend to, nor <br />shall be construed to, constitute a waiver of any defenses that otherwise would be available <br />to Landlord absent the provisions of this Paragraph 10. Nothing in this Lease and its <br />Amendments is intended to, nor shall be construed to, constitute a waiver of any defenses <br />or liability limitations available to Tenant as to any claims brought against it, including but <br />not limited to those contained in Minnesota Statutes Chapter 466.” <br />ll other terms and conditions contained within the Lease shall remain in full <br />2.Other terms. A <br />force and effect notwithstanding this First Amendment. <br />3.Recitals. The recitals stated above shall be construed as part of the agreement of the parties <br />and are hereby incorporated as if set forth in their entirety. <br />4.Counterparts. This First Amendment may be executed in several counterparts, which <br />individually shall be considered an original, but taken together shall be considered one and <br />the same document. <br />1 <br /> <br />
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