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1995-07-21AGREEMENT This agreement is made 21 - .ail r . by and between the City of Blair, he-reinafter referred to as "City.,of • Paul Hundtoft "Hun• • Whereas, Aundtofts wish to use the Black Elk Neihardt.park for the purpose of a private street dance.; and,, Whereas, the City desires to. be protected from any liability arising from the Hundtofts? use of the Slack Elk Neihcardt Parr_ Now, therefore, in consideration of the warranties, repre sentations, .and agreementshere,in, the city agrees to permit the Hundtofts to use the premises according to the following terms and conditions. 1. Said streetance shall be held on � , 1995, from the hours of j . n'M. to � . �[` 1n no event shall the activities continue after /;� M. 2. The Hundtofts covenant that they will not use the prem- ises for any illegal purpose nor will they permit the same to be used for any unlawful business or purpose whatsoever. The Hund- tofts further covenant that they will not permit any nuisance whatsoever on said premises and upon termination they will return possession of the premises to the City in as good a condition as ow exists, that all trash and debris will be controlled and removed, and that the city or its agents may be present at any time for any necessary purpose. Hundtofts specifically agree that no alcoholic beverages of any kind shall be allowed on said preaises . 3. The Hundtofts hereby agree to and do release, indemnify, and save harmless the City from any and all claims, causes of action, suits, losses, or any other liabilities of any nature or kind resulting in damages or personal injury to any entity, pasty, or person whatsoever as =e result of the conduct of said street dance. This indemnif ication and save harmless shall apply to all losses, damages, expenses, including but not limited to reasonable attorney fees and any and all other liabilities arising in whole or in part from any claim or court action. 4. It is agreed that it is the intent and agreement of both parties that the City shall incur no liability, damage, or loss as the result of its entering into this agreement. 5. The Hundtofts agree to secure liability insurance for the purpose of insuring against any injury or loss that may occur as the result of their use and occupation of said premises. 6 . No mods. f kation or amendment of this agreement shall be valid or enforceable unless made by written agreement signed by both parties hereto 7. This agreement is not assignable by Hund.tofts without the prier written consent of the City. 8. This agreement shall be binding upon the heirs, personal representatives, successors, and assigns of all parties hereto. r Attest: City of Blair, Nebraska, a Municipal Corporation L 11(4 Alice I * Diedrich.een, Xiohael A r Ines , Mayor Cit C ,x Paul Hun ft l Jen Hundtoft