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

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3. Liability and Indemnification. To the extent allowed by law, the CITY hereby agrees to indemnify and save the LANDOWNER harmless from and against any and all suits, demands, liabilities, costs and other expenses, including reasonable attorney's fees, incurred in connection with or arising out of the use of the Easement Area by the CITY, it' s contractors and agents, or the general public, for the purposes granted herein, excluding, however, from such indemnity any loss resulting from acts of LANDOWNER. 4. No Waiver of Governmental Immunity. Nothing contained herein shall be deemed a waiver by the CITY and the COUNTY of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by LANDOWNER, its successors or assigns, shall be subject to any governmental immunity defenses of the CITY and the COUNTY and the maximum liability limits provided in Minnesota Statute Chapter 466. 5. Disposal of Excavated Material. The right is hereby granted to the CITY and the COUNTY to remove or otherwise dispose of all earth or other material excavated from the Easement Area as the CITY and the COUNTY may deem fit and to remove trees, brush, undergrowth and other obstructions interfering with the location, construction and maintenance of the Easement Area. 6. Granting Clause. LANDOWNER covenants that it is the fee owner of the Easement Area and has the right, title, and capacity to grant the Easement for the purposes described herein. IN WITNESS WHEREOF, the LANDOWNER has caused this Easement Agreement to be executed on this the day of , 20 2-0I, LLC By: Its: Chief Manager 2