Agenda - Council - 11/22/2016 - Laserfiche WebLink

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Improvement 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. 7. In the event 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 actions in making the Improvement, and the City incurs any cost, the Landowner agrees that if Landowner fails 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. 8. Landowner and its 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 out of the grant of the Landowner of permission to encroach on the Easements for the construction, maintenance, use, and operation of the Improvement. 9. 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: City Administrator City of Ramsey 7550 Sunwood Drive NW Ramsey, MN 55303 TO LANDOWNER: Northstar Marketplace Station LLC 11501 Northlake Drive Cincinnati, OH 45249 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. 10. This Agreement shall be recorded against the title to the Property in the Office of the Anoka County Recorder. 11. This Agreement shall be binding upon and inure to the benefit of City and Landowner and their respective successors, assigns and grantees. 3