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2009_0629_Packet
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2009_0629_Packet
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1/9/2012 2:55:26 PM
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7/28/2009 2:46:41 PM
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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />The Foundation, its contractor, architect and authorized agent shall be entitled to enter the City <br />Park to construct the Restroom facility. The City, its authorized agents and representatives, shall <br />be entitled to enter the construction area at any time during the construction of the Restroom <br />construction, or any time thereafter, for the purpose of inspection, repair, exhibition or for any <br />other such purpose as the City deems appropriate. The City shall remain responsible for all <br />maintenance, operation and other obligations with respect to the City Park at all times during and <br />after construction of the restroom construction. The City agrees that any such entry will not <br />interfere with or hinder the construction of the Restroom construction. The Contractor shall erect <br />fencing around the construction site to keep the general public from within the construction <br />limits noted upon the architect's drawings during the construction work on the site. <br />ARTICLE IX <br />NOTICES <br />Any and all notices and demands by or to the parties hereto shall be in writing and shall be <br />validly given or made if served either personally or if deposited in the United States mail <br />(certified or registered, postage prepaid, return receipt requested). If such notice be served <br />personally, service shall be conclusively deemed made at the time of such personal service. If <br />such notice or demand be served by registered or certified mail in the manner provided herein, <br />service shall be conclusively deemed made seventy-two (72) hours after the deposit thereof in <br />the United States mail, addressed to the party to whom such notice is to be given, not counting <br />Sundays or legal holidays. The City and the Foundation may, by written notice given by one to <br />the other, designate any address to which notices and demands shall be sent when required under <br />this Agreement. Current notices shall be addressed as follows: <br />To Foundation: Roseville Central Park Foundatio <br />2660 Civic Center Drive <br />Roseville, MN 55113 <br />To the City: City of Roseville <br />2660 Civic Center Drive <br />Roseville, MN 55113 <br />ARTICLE X <br />SEVERABILITY <br />If any term or provision of this Agreement shall, to any extent, be invalid or unenforceable, the <br />remainder of this Agreement shall not be affected thereby, and each provision of this Agreement <br />independently shall be valid and enforceable to the extent permitted by law. <br />ARTICLE XI <br />GOVERNING LAW <br />This Agreement shall be governed by and construed in accordance with the laws of the State of <br />Minnesota. <br />2231209v2 <br />4 <br />
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