Agenda - Council - 02/26/2019 - Laserfiche WebLink

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Drainage and utility. The Easement Area shall he used For purposes of the construction, maintenance, repair and replacement of a stone water drainage system and sanitary sewer and :municipal water system and such ajllter (public utilities as deemed necessary by the City, and uses incident thereto. 2, Ilarxaartlnats Substances. The CITY shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable aattorney's fees, or losses resulting from any claims, actions, suits, or proceedings based upon a release or threat or release of any hazardous :substances, pollutants, or contaminants which taaay have existed on, or which relate to the Easement Area or adjacent larollerly, prior to the dale Iaereat. 3. Liability and Indemnification. 'he City hereby agrees to indetaanify and save (he LANDOWNER harmless from and against any and all suits, demands. liabilities, costs and oilier expenses, including reasonable attorneys} Fees, incurred in connection with or arising out of the use oldie l:asenaent Area by the City, ils contractors and agents or the general public liar the purposes granted herein, excluding, however. from such indemnity and loss resulting from nets or LANDOWNER. 4, No Waiver ofC overnaateutal Inamultily. Nothing eontaaitaccl herein shall be deemed n waiver by the CITY or any governmental itltattltttity defenses, statutory or otherwise. Vert acr, any and all claims brought by LANDOWNER, its successors or assigns, shall be subject to any governmental immunity defenses of the CITY aid the maximum liability limits provided in lvtinnesot a Statute Chapter. 466. 5. 1)isposatl of Excavated Material. The right is hereby granted to the CITY to remover or otherwise dispose of all car th or ether material excavated from the Easement Area as the CITY may deem lit uric to remove trees, brush. undergrowth and other obstittctions interfering rvitla the location, construction and maintenance of the Easement Area, 6. Graautint; Clsat,tse. LAN i)O' VNER covenants that it ia} the owner or the Easement area and has the right, title, and capacity to grant the Easement lilt iile purposes dcsciihed herein. IN WITNESS WHEREOF, the LANDOWNER, has caused this Easement agreement to be eNeeuted on the Ile day of I lk t_ . 2014. 2-Cfl, LLC its: Chief Manager 7