Agenda - Parks and Recreation Commission - 11/09/2017

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claims, actions, suits, or proceedings based upon a release or threat of rcleasc of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the Trail Easement or adjacent property prior to the date hereof. Liabilitv and Indemnification. The City hereby agrees t0 indemnify and save the Land Owner harmless from and against any and all suits, ,demands,liabilities, costs and other expenses, including reasonable attorneys' fees, incurred in connection with or arising out of the use of the Easement Area by the City, its contractors an agents or the general public for the purposes granted herein, excluding, however, from such indemnity and loss resulting front' acts of Land Owner. No Waiver of Governmental Immunity. Nothing contained herein shall be deemed a waiver by the CITY of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by LANDOWNER, its successors or assigns, shall be subject t0 any governmental immunity defenses of the CITY and the maximum liability limits provided in Minnesota Statute Chapter 466. Disposal of 'Excavated Material. Further, the right is hereby granted to the CITY to remove or otherwise dispose of all earth or other material excavated from the Trail Easement area as the CITY may deem fit and to remove trees, brush, undergrowth and other obstructions interfering with the location; construction and maintenance of the Trail Easement. Warrant of Title. LANDOWNERS covenant that they are the owners of Lot 6, Block 3, Wildlife Sanctuary Addition., Anoka County, Minnesota (the "LANDOWNERS' Property") and have the right, title, and capacity to grant the Trail Easement over and across LANDOWNERS' Property. Consideration for Grant of Trail Easement, The CITY has previously constructed on the LANDOWNERSProperty a' blacktop trail, originally intended to provide„ CITY'S utility maintenance crews access to a sanitary sewer manhole on LANDOWNERS' Property. Said manhole was never constructed so .the CITY has determined that the portion of the blacktop trail outside the Trail Easement is not necessary and can be removed, If in the future a manhole is required in this area, the CITY agrees to install the manhole within the Trail Easement and to pay for all repairs needed outside the Trail Easement. In consideration for the Trail Easement, the CITY agrees to remove thc said blacktop trail outside the Trail Easement and restore the disturbed area by establishing. turf on said disturbed area. The turf establishment shall consist of removal of the blacktop trail, placement of a minimum of 4' of topsoil, followed by the placement of lawn quality sod. LANDOWNERS will be responsible for irrigation and maintenance as necessary to ensure the successful establishment of the turf. The blacktop removal and turf establishment will be completed by the CITY within 15 business days of LANDOWNERS' signatures. on this Agreement 2