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I. Terms and Conditions
<br />The term of this contract shall be for a period of 7 months commencing on 5/1/2014 and terminating on 11/30/2014. The time
<br />performance of any portion of the obligations of Village Green Landscapes under this agreement shall be of the essence, subject
<br />only to delay caused by or contributed to by act of the Client, it's agents or employees, labor disputes, fire, unavoidable casualties,
<br />act of God, or action or non - action of public utilities, or of Local, State, or Federal government affecting the progress of said work.
<br />II. Insurance
<br />Village Green Landscapes shall fully insure itself against any and all liability which it may have under the Worker's Compensation
<br />Law, general liability and automobile liability coverage's. Village Green Landscapes shall fumish a Certificate of Insurance, naming
<br />the City of New Brighton as Additionally insured prior to beginning work. Village Green shall maintain general commercial liability
<br />and automobile liability insurance in the amount of at least $1,500,000 per occurrence. Village Green shall indemnify the City, its
<br />officers, employees and agents from any claims arising out of acts or errors of Village Green in performing this Agreement. Nothing
<br />herein shall be deemed a waiver of the limits of liability set forth in Minnesota Statutes, Chapter 466.
<br />III. Payment
<br />City of New Brighton agrees to pay Village Green Landscapes in full within 30 days of date of invoice. Payments not received within
<br />such 30 day period will be charged a service charge of (2 %) per month. Any increase in taxes or other regulations that become
<br />effective during the term of this agreement shall be passed on to City of New Brighton. City of New Brighton shall pay Village
<br />Green Landscapes 7 equal monthly payments of $7,250.63. This price does not include applicable sales tax.
<br />IV. Force Maieure
<br />Village Green Landscapes shall not be liable to City of New Brighton for any damages to City of New Brighton's property, personal
<br />injuries, or other liability arising outside of Village Green Landscapes control including but not limited to, vandalism, flood, rain, fire,
<br />wind, heavy snow, freezing, strikes, lack of salt availability, other natural causes, acts of God or acts of persons other than Village
<br />Green Landscapes' employees or agents.
<br />V. Severability
<br />In the event that any one or more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable for any
<br />reason or in any respect, such invalidity, illegality or unenforceability shall not effect any other provision in this Agreement.
<br />VI. Termination
<br />City of New Brighton may terminate this agreement without cause by giving Village Green Landscapes written notice of intent to
<br />terminate with 15 days notice. Village Green Landscapes reserves the right to terminate this Agreement, without cause. After such
<br />termination, Village Green Landscapes shall have no further obligation to provide services or perform the work described herein,
<br />provided however, that termination by Village Green Landscapes shall not effect any remedy or remedies for payment or otherwise
<br />which Village Green Landscapes is legally entitled. In any litigation brought by either party to enforce the terms of this contract, the
<br />prevailing party shall be entitled to payment by the other party of all costs and expenses, including reasonable attorney's fees
<br />incurred or expended in such action. Upon cancellation, the Village Green Landscapes shall adjust final billing to reflect unpaid
<br />costs.
<br />V11. Complete Agreement
<br />This Agreement and all Amendments and Exhibits hereto specifically signed and incorporated herein, constitute the entire
<br />Agreement between the parties and supersede any and all other agreements, either oral or in writing. By signing below, each party
<br />acknowledges that they have read and understand this Agreement and that no representation, inducement, promise or agreement
<br />oral or otherwise, has been made by any party, which is not embodied within. This Agreement shall be construed objectively in the
<br />light of it's overall purpose, which is to provide the services herein for compensation. Neither the source nor the authorship of this
<br />Agreement shall cause any bias or presumption in the constitution or interpretation of this Agreement. Any changes to the terms or
<br />conditions of this agreement are not binding unless in writing and signed by both parties hereto.
<br />VIII. Status
<br />Village Green shall be an independent contractor and is not an employee or agent of the City for any purpose.
<br />IX. Parties
<br />Notices under this Contract shall be reserved on the parties by certified mail at the following address:
<br />Client:
<br />City of New Brighton
<br />New Brighton, Mn 55112
<br />Contractor:
<br />Village Green Landscapes
<br />520 Front Avenue
<br />St. Paul, MN 55117
<br />In witness thereof, the parties hereto have executed this Agreement the day and year first written above.
<br />Dave Jacobsen
<br />Mayor
<br />By: P-"7 A-a
<br />Jerry Ford
<br />President
<br />www.villagegreenlandscapes.com Page 4 4/3/2014
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