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Home My WebLink About2010 License Agreement License Agreement This License Agreement contains a license from Andersen Corporation, having one of its places of business at 100 Fourth Avenue North, Bayport, MN 55003 ("Andersen ") to Licensee, as listed below ( " Licensee "), for the use of Andersen's property located within the city of Oak Park Heights, Minnesota. This License Agreement will be effective for the days April 24, 2010 and September 25, 2010. 1. Licensee Information Name: City of Oak Park Heights 14168 Oak Park Boulevard Oak Park Heights, MN 55082 Contact: Eric Johnson, City Administrator (651) 439 -4439 Use of Property: City of Oak Park Heights Spring and Fall Cleanup Events Saturday, April 24, 2010 and Saturday, September 25, 2010 From 7:30 a.m. until 1:00 p.m. on each day 2. License (a) License Grant. Andersen hereby grants to Licensee at no cost to Licensee, and Licensee accepts, a non- exclusive, non - transferable right to use, under the terms of this License Agreement, the following: That portion of the Andersen parking lot at the property located at 5909 Omaha Avenue North, Oak Park Heights, MN 55082 commonly referred to as the St. Croix Mall, City of Oak Park Heights, Washington County, Minnesota, as depicted in the attached diagram at Exhibit A (the "Licensed Area"). (b) License Restrictions. Nothing in this License Agreement shall give Licensee any right, title or interest to the Licensed Area, other than the license rights granted herein. Licensee shall not assign, transfer or sublicense this License Agreement or any right granted herein without the prior written consent of Andersen. 3. Use Licensee will use the Licensed Area for the sole purpose of the event described as "Oak Park Heights Spring (or Fall) Clean Up ", as more fully described on Exhibit B. attached hereto an incorporated herein by reference, and no other purpose. Licensee agrees not to use the area in any way that would damage or injure Andersen's property or the adjoining properties. 4. Indemnification and Care of Property (a) Licensee agrees to indemnify, defend (at Andersen's request) and hold Andersen harmless from and against any and all third party losses, claims, actions, suits and proceedings for any damage, injuries, costs and expenses (including reasonable attorneys' fees) arising out of the use of the Licensed Area and any adjoining Licensor property; (b) Licensee will be responsible for all damages, including, but not limited to, environmental spills, noise pollution, injuries; costs; and expenses (including reasonable attorneys' fees) to Andersen arising out of Licensee's use of the Licensed Area and adjoining Licensor property; and 1 (c) Licensee will be responsible for all clean up of the Licensed Area and all adjacent properties, leaving the area in substantially the same condition it was prior to the Licensee's use. 5. Insurance Licensee will maintain insurance to cover all risks arising out of the intended use of the Licensed Area. Licensee has provided Andersen with insurance certificates indicating the coverage in not less than one million dollars ($1,000,000.00) per occurrence, prior to the day of the activity. 6. No Warranties Andersen makes no warranty to Licensee of any kind, either express or implied, as to the suitability of the Licensed Area or and Andersen property for Licensee's intended use. Andersen is not obligated to sweep or in any other way prepare the area for the activity. The Licensed Area is made available "AS IS" and "WITH ALL FAULTS ". 7. Notices All notices under this License Agreement shall be in writing and shall be deemed given if delivered personally or mailed by registered or certified mail, return receipt to Licensee at the addresses set forth herein, and if to Andersen Attn.: Steve Fall or Jake McElfresh, or to such other addresses as a party may notify the other party. S. Miscellaneous (a) This License Agreement with its Exhibits A and B contain the entire agreement of the parties with respect to the subject matter hereof and shall not be amended except by a written agreement, signed by an authorized representative of both parties. (b) This License Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. (c) If any provision of this License Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. (d) This License Agreement shall not be construed as creating a partnership, joint venture or agency relationship. THE PARTIES HERETO have executed this Agreement on this da of &FVV&Z 2010. ANDERSEN CORPORATION CITY OF O GHTS I By: By: r Name: Name: Title Title: / 6 T T '( / o ail N) 51 fi AIV Attached: Exhibits A and B 2 EXHIBIT A 7j.�77 HIM III HUM =� �� ' �' ��' �� '��'��'t' #��'I�i "f��''� is i ; { 7t ERE. 41 lift t 1 01141"' : �,, °�� jar. -� - � �' ��lir��illll�lit3l'g� ! II i� �. ix F-4 O i 1 W ; l s,,,a L �. 3 �,_ - �h.... i � � t � 'il CITY OF OAK •PARK * HEI GHTS EXHIBIT B 1 14168 Oak Park Boulevard No. • P.O. Box 2007 • Oak Park Heights, MN 55082 -2007 • Phone: 651/439.4439 • Fax: 651/439 -0574 December 29, 2009 Andersen Corporation ATTN: Facilities Manager 100 Fourth Avenue North - Bayport,:Minnesota 550034096 RE: Oak Park Heights Semi - Annual Clean- up'Events Dear Facilities Manager: The City of Oak Park Heights has reserved Saturday, April 24 for the annual Spring Clean -up event and Saturday, September 25 for the Fall Clean-up event, both from 7:30 a.m. to 1:00 p.m. The City is once again requesting use of the Andersen Corporation parking lot at the former St. Croix Mall during this event. Please send a license agreement to the City directing it to Eric Johnson, City Administrator. He will sign the agreement and return it to you. The City thanks you for your continued support and generosity. Sincerely, Jbnnifer Pinski Administrative Secretary/Deputy Clerk Tree City U.S.A. ACORD DAARPA -XPA- 1 CERTIFICATE OF LIABILITY INSURANCE O GATE (MM l 01/1 PRODUCE, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Landmark Insurance services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 232 Lake street south ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Forest Lake NN 55025 Phone: 651 - 464 -3333 Fax: 651 -464 -7596 INSURERS AFFORDING COVERAGE NAIC # INSURED USURER& UctT- BetKlay Rt+k $.sA—, L INSURER B: City of Oak Park Heights Eric Johnson, City Admin. I INSURER C: 14168 Oak Park Blvd I INSURER M. Oak Park Heights MN 55082 -6476 I INSURER e COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWIT ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH TWO CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IB SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS aF SUCH POUCIE& AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAW. INSR 'NOD% POLICY EFFECTOR POLICY EXPIRATION LIMITS NOW TYPE OF INSURANCE POUCYRI)VAM DATE IMWDDNY, DATEIMAwYYI OI GENERAL IJABRRY EACH OCCURRENCE s 1200000 DNMOETORF A 7[ COMMERCIAL GENEMLLABI CMC29891 07/07/09 07/07/11 I PRadB E S(E.MVA.IMA) s 50, x CLAIMS MADE ❑ DccuR I MED EXP (AW n Pa" s 1000 PERSONAL B ADV INNRY s 1200000 GENEALAGGREGATE s 2000000 GENLAGGREGATE LADY APPLIES PER: I PRODUCTS.COMPIOPAGG s 2000000 PICY FI JEC OL T F LOG AUTOMOBILE LABILITY COMRNW SINGLE LIMIT s (EA—I"I ANY AUTO ALL OWNED AUTOS BODILY UUURY s SCHEDULED AUTOS (Px RNDxy HREDAUTOS BOD &Y BRAINY s NOWOWNED AUTOS {Px oKIMxIN PROPERTY DMAGE s • IPrAZwMI GARAGE LIABILITY AUTO ONLY -EA ACCIDENT s ANYAUT0 OTHERTHAN EAACC s AUTO OI&Y: AGO S EACESSOMBRELA LUUBILM EACH OCCURRENCE s 1,000,000 A __1 OC CUR 0 CLAW ML6254 07/07/09 07/07/11 AGGREGATE s 1,000,000 s DEDUeneLE � s RETEHT1dN S10,000 I s WORKERS COMPENSATION AND i TOKYWA I TT I I ER EMPLOYERS'L"LrvY E.L. EACH ACCIDENT s ANY PROPRIETORIPARTHERIERECUTIVE OFFICERRAEMSER EXCLUDED'/ I BL DISEASE - EA EMPLOYEE f SPECIAL PROWSIONS blow E.L. dSE118E- POLICY LIMIT 3 OTHER DESOIS►7 10NNOPE JIATIONSI LOCA71ONS IVEWCLES1EXCLUBUMADDEDBYENDORSEME ISPECALPROVISIONS Coverage extends to Clean -up events on Certificate Holder's premises semi- annually in 2010. 04 -18 -09 and 10- 10 -09. CERTIFICATE HOLDER CANCELLATION ANDERSO SNOIRDANYOPTHEABOVEOEBCREEDPOUCEBBECANCELLEDEEFONETHEEXPRATIDN DATEYNEREOF,THEPSUINO INSURERWLLENDEAVORTO MAIL 10 DAYS WRITTEN NOTICE To THE CORYIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR Andersen Corporation 100 Fourth Avenue North R�REBlNTATNlB Bayport MN 55003 ADRxIELTA � P • IS ACORD 25 (2001108) B CORD RPORATION 1988 L IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108)