Agenda - Council Work Session - 05/11/2021

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Conservation Values , (iii) affects the perpetual duration of the CTE S R, or (iv) affects the validity of the CTE R under Minnesota law. Any amendment must be in writing and recorded in the same manner as the CTE R to be effective. 8. Warranties. The Owner represents and warrants as follows: A. The Owner is the sole owner of the Easement Areas in fee simple and has the right and ability to convey this CTE R to the City. B. The Easement Areas is free and clear of all encumbrances other than those subordinated to this CTE R, the lien of property taxes, special assessments, and the Permitted Encumbrances, if any listed on Exhibit C, attached hereto. C. The Owner has no actual knowledge of any use or release of hazardous waste or toxic substances on the Easement Areas that is in violation of a federal, state or local environmental law and will defend, indemnify and hold the City harmless against any claims of contamination from such substances. 9. Real Estate Taxes. The Owner shall pay all property taxes and assessments levied against the Easement Areas. 10. Ownership Costs and _Liabilities. The Owner retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership of the Easement Areas. The City shall defend, indemnify and hold the Owner harmless from any and all liability for any property damage or personal injury caused by use of the public of the areas within the CTE R. Notwithstanding the preceding sentence, 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 the Owner, the Owner's successors or assigns and or any other third party, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided in Minnesota Statute Chapter 466. The Owner will maintain liability insurance on the Easement Areas consistent with the remainder of the Owner's Tract. 11. Notice and Approval. Any notice or request for approval required by this CTE R must be in writing and is subject to the following: A. Delivery. Any required notice or request for approval must be delivered personally or sent by first class mail or other nationally recognized delivery service to the appropriate party at the following addresses (or other address specified in writing): To the Owner: 8 To the City: City of Ramsey 15153 Nowthen Boulevard NW Ramsey, MN 55303