Ordinance - #17-15 - 11/14/2017 - Laserfiche WebLink

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claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate the Trail 10, Easement or adjacent property prior to the date hereof. Liabilitv and lndemn ification. The City hereby agrees to indemnify and save the Land 0\\vner harmless from and against any and all suits, demands,-liabilities, costs and other expenses, including reasonable atto rneys' 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, ex cl ud ing, however, from such indemnity and loss resulting from acts of Land Owner. Immunity. No Wai\\'er of Governmental Nothing contained herein shal·l be deemed a waiver by the CITY of any governmental LANDOWNER, immunity defenses, statutory or otherwise. Further, any and all claim s brought by its successors or assigns, shall be subject to any governmental immunity defenses of the CITY and the maximum liabi lity limits provided in Minnesota Statute Chapter 466. Disposal of Exca\\'a tcd Material. Further, the right is hereby granted to the C IT Y to remove or otherwise dispose of alt 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, Wildli fe Sanctuary "LANDOWNERS' Addition, Anoka County, Minne sota (the Property") and have the right, title , LANDOWNERS' and capac ity to grant the Trail Easement over and across Property. Consideration for Grant Trail of Easement. LANDOWNERS' The CITY has previously const ructed on the Property a·blacktop trail CITY'S originally intended to provide. uti lity maintenance crews access to a sanita ry sewer manhole LANDOWNERS' CITY on Property. Said manhole was never constructed so the 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 T rail Easement. In considerat ion for CITY the Trail Easement, the agrees to remove the said blacktop trail outside the Trail Easement and restore the disturbed area by establ ishing turf on said d isturbed area. The turf establishment shall consist of removal of the ·blackt op trail, placemen t of a minimu m of 4" of topsoil, followed by LANDOWNERS the placement of lawn quality sod. will be responsible for irrigat ion and maintenance as necessary to ensure the successful establishment of the turf. The blacktop removal LANDOWNERS' and turf establishment will be completed by the CITY within 15 business days of signatures on this Agreement. 2