Agenda - Council - 04/14/2015 - Laserfiche WebLink

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removing, reconstructing and/or repairing the Deck 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. Notwithstanding the above, in the event the City finds it is necessary to completely and totally restore easement area, the landowner agrees to remove the Deck that has been placed in the Easements. Landowner will promptly comply with said removal request at their expense and will remove the Deck within sixty (60) days of the written request by the City. 5. In the event that Landowner fails 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, as a result of the Landowner's use and maintenance of the Deck, the City may take any and all actions permitted by law to collect the costs of those repairs and the City may further levy an assessment against the Property for all costs incurred by the City. Landowner waives any and all rights to challenge or appeal the assessment. 6. Landowner and his 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 the Landowner permission to encroach on the Easements for the maintenance, use, and operation of the Deck, including third party claims against flooding issues that may occur due to filling within the drainage easement. 7. 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: TO LANDOWNER: Jo Thieling, City Clerk City of Ramsey 7550 Sunwood Drive NW Ramsey, MN 55303 Mark E. and Debra L. Lacross 16901 Kamacite St NW Ramsey, MN 55303 or to any successors or assigns of the Landowner or City, or any future address of the Landowner or City, if Landowner or City gives the other party notice of said change of address as provided pursuant to the provision for notice herein. 8. This Agreement shall be recorded against the title to the Property. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: and the following abstained: and the following were absent: RESOLUTION #15-04-098 Page 2 of 5