Agenda - Council - 11/13/2012 - Laserfiche WebLink

Home

responsible for removing, reconstructing and/or repairing the Improvements all in accordance with the Plans and Specifications and the City's only obligation shall be to fill the excavated area and level the same to the grade that it was prior to the City's excavation. Not withstanding the above, in the event the City finds it is necessary to completely and totally restore easement area, the landowner agrees to remove the Improvements they have placed in the Easements. Landowner will promptly comply with said removal request at their expense and will remove the Improvements with -in 60 days of the written request by the City. 6. In the event that Landowners fail to take any action required in this Agreement and the City is required to repair, reconstruct or take other actions to maintain the City's utilities, including the watermain, sanitary sewer and/or storm sewer systems as a result of the Landowner's actions in making the Improvements, and the City incurs any cost, the Landowners agree that if Landowners fail to pay the City, that the City may take any and all actions permitted by law to collect the same and the City may further levy an assessment against the Property for all costs incurred by the City. Landowners waive any and all rights to challenge or appeal the assessment. 7. Landowners and their successors and assigns do hereby agree to defend, indemnify, and hold the City harmless from any and all costs and expenses, all claims and liability, including attorney's fees, relating to or arising from granting to the Landowners the permission to encroach on the Easements for the construction, maintenance, use, and operation of the Improvements, including third party claims against flooding issues that may occur due to filling within the drainage/ponding easement. 8. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following: TO CITY: Jo Thieling, City Clerk City of Ramsey 7550 Sunwood Drive NW Ramsey, MN 55303 3