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c. Drainage and Utility. The l'aasenlent Area shall be used for purposes of the <br />construction, maintenance, repair and replacement of a storm water drainage system <br />and sanitary sever and municipal water system and such other public utilities as <br />deemed necessary by the City, and uses incident thereto. <br />8. Hazardous Suirsitriarecs, <br />The CITY shall not be responsible for tarty costs, expenses, damages, demands, <br />obligations, including reii4ilties and reasonable aattorney's fees, or losses resulting fi•orli any <br />claims, actions, snits, 01proceedinl;s based upon a release or threat orrelcaase of nay hazardous <br />substaartees. pollutants, or contaminants Nvllieh may have existed all, 01' which relate t0 the <br />Easement theta car aidjacent properly prior to the date hereof, <br />). <br />Liability nerd Intierni 1ficatican, <br />The City hereby agrees to indemnify and stave the LANDOWNER !winless f'otai and <br />against any and all suits, demands, liabilities, costs and other expenses, including reasonable <br />attorneys' fees, incurred in connection with el' arising out of the use of the a sement .Areal by the <br />City, its contractors and agents or the t eiiel t1 public for the purposes granted herein. excluding. <br />however, froni such iiiclenitiity end loss resulting I'roln acts of LANDOWNER. <br />10. No Waiver of Governmental Immunity. <br />Nothing contained herein shall be deemed a waiver by the CCTV or any governmental <br />iniinunity defenses, statutory or otherwise, Farther, any and all claims Drought by <br />LANDOWNER, its successors ur assigns, shall be subject to any governmental immunity <br />defenses of the CITY and the maximum liability limits peovided inIviinnesota Statute Chapter <br />466. <br />l 1. Disposal of Excavated Material. <br />The right is hereby granted to the CITY to remove or otherwise dispose of ail earth or <br />other material excavated from the Caseiiient Arca as ilae CITY may deelii tit and ID remove <br />trees, brush, undergrowth and other obstructions interfering, with the location, construction and <br />I1lanatenaallcC of the Easement Area. <br />12. Grouting Clause. <br />I.ANDt)WNElt covenants that it is the owner of the Easement Area aiad liars the right, <br />title, mid mid capacity to giant the Laisen1ent for the purposes described herein, <br />IN WITNESS WH REOF, the I,ANl)O'WNI?R has caused this Easement agreement to <br />be executed on the j 1day of ieky.11,4i . 20l4. <br />1'SC, LLC <br />Hs: Chief Manager <br />