Agenda - Council - 10/25/1994 - Laserfiche WebLink

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transferred herein lying south of the 153rd Av.~nue NW right of way to be used for active re.:reational and/or residential purposes and fo~ that portion lying north of 153rd Avenue NW. right of way to be used for residential puj~poses. WM~I shall indemnify and defend the CITY and it~ officials and employees from all liability, claims, actions, costs, losses, expenses, government proceedings and investigations, including but not limited to environmental damage, environmental cleanup costs, personal or, bodily injury or death, damage to or loss ofiproperty, costs of defense, settlement and reasonable attorney's fees and other professional fees, that may in any manner result from or arise out of the operation, maintenance, removal, repair, use or existence, in the past or in the future, of an~ test wells on the property described in Exhibits C, D and E attached hereto. fe wM~I shall indemnify and defend the CITY and it~ officials and employees from all liability, claims, actions, costs, losses, expenses, government proceedings and investigations, inUluding but not limited to environmental damage, environmental cleanup costs, personal oribodily injury or death, damage to or loss oflproperty, costs of defense, settlement and reasonable attorney's fees and other prdfessional fees, that may in any manner result from or arise out of the operation, maintenance, use or existence, in the past or in ~the future of the Anoka Regional Landfill as ithe same may affect the interests in the re~l property described in Exhibits C, D, and E attached hereto. This Agreement is conditioned upon the CITY receiving from the MP~A written communication stating that it will not approve the ~kihill project as contemplated in the 1988 Agreement because of t~e adverse environmental effect said project may have on maintaining the environmental integrity of the landfill site located on the Development Property. Failure of receipt by the