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Improvement and the City's only obligation shall be to fill the excavated area and level the same <br />to the grade that it was prior to the City's excavation. <br />8. Landowner agrees to provide the City, its representatives and designees <br />reasonable access to the Easement over the Property at all times as may be necessary to maintain <br />and inspect the storm water conveyance and drainage system. <br />9. In the event Landowner fails to take any action required in this Agreement and the <br />City is required to repair, reconstruct or take other actions to maintain the City's utilities, as a <br />result of the Landowner's actions in making the Improvement, and the City incurs any cost, the <br />Landowner agrees that if Landowner fails to pay the City, that the City may take any and all <br />actions permitted by law to collect the same and the City may further levy an assessment against <br />the Property for all costs incurred by the City. Landowner waives any and all rights to challenge <br />or appeal the assessment. <br />10. If at any time in the judgment of the City the Improvement presents a hazard to <br />the public, the City may take such action as the City shall consider appropriate to render the <br />Improvement safe or to make the area in which the Improvement is present safe for public use. <br />The City may order the repair or removal of the Improvement, or may take whatever other action <br />appears appropriate. Any expenses incurred as a result of action by the City shall be paid by the <br />Landowner. <br />11. Landowner does hereby agree to defend, indemnify, and hold the City harmless <br />from any and all costs and expenses, all claims and liability, including attorney's fees, relating to <br />or arising out of the grant of the Landowner of permission to encroach on the Easements for the <br />construction, maintenance, use, and operation of the Improvement. <br />12. All notices, requests, demands and other communications hereunder shall be in <br />writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt <br />requested, to the following: <br />TO CITY: City Administrator <br />City of Ramsey <br />7550 Sunwood Drive NW <br />94451 <br />