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6. Owner hereby grants to the City,its successors and assigns, a permanent non-
<br /> exclusive easement for the purpose of accessing and maintaining the Stormwater Facilities
<br /> pursuant to the terms of this Agreement over, on, across, under and through the Easement Area.
<br /> The easement shall include the rights, but not the obligation, of the City, its contractors, agents,
<br /> servants, and assigns, to enter upon the Easement to construct, reconstruct, inspect, repair, and
<br /> maintain said private Stormwater Facilities together with the right to grade, level, fill, drain,
<br /> pave, and excavate the Easement Area, and the further right to remove trees, bushes,
<br /> undergrowth, and other obstructions interfering with the location, construction, and maintenance
<br /> of said private Stormwater Facilities systems.
<br /> 7. The Owner,their heirs, successors and assigns, will perform the work necessary
<br /> to keep these Stormwater Facilities in good working order as appropriate. In the event a
<br /> maintenance schedule for the Stormwater Facilities(including sediment removal) is outlined on
<br /> the approved Plans and/or Inspection Report,the schedule will be followed and comply `with all
<br /> federal, state, and local regulations relating to the disposal of material.
<br /> 8. In the event the City,pursuant to this Agreement, performs work of any nature,or
<br /> expends any funds in performance of said work for labar,use of equipment, supplies, materials,
<br /> and the like,the Owner, their heirs, successors and assigns, shall reimburse the City upon
<br /> demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City
<br /> hereunder.
<br /> 9. This Agreement imposes no liability of any kind whatsoever on the City. The
<br /> Owner hereby agrees to indemnify and hold harmless the City and its agents and employees
<br /> against any and all claims, demands, losses, damages, and expenses (including reasonable
<br /> attorneys' fees)arising out of or resulting from the Owner or the Owner's agents or employee's
<br /> negligent or intentional acts, or any violation of any safety law, regulation or code in the
<br /> performance of this Agreement, without regard to any inspection or review made or not made by
<br /> the City, its agents or employees or failure by the City, its agents or employees to take any other
<br /> prudent precautions. In the event the City, upon the failure of the Owner to comply with any
<br /> conditions of this Agreement, performs said conditions pursuant to its authority in this
<br /> Agreement,the Owner shall indemnify and hold harmless the City, its employees, agents and
<br /> representatives for its own negligent acts in the performance of the Owner's required work
<br /> under this Agreement, but this indemnification shall not extend to intentional or grossly
<br /> negligent acts.
<br /> 10. This Agreement shall be recorded among the land records of Hennepin County,
<br /> Minnesota, and shall constitute a covenant running with the land, and shall be binding on the
<br /> Owner,their administrators,executors, assigns, heirs and any other successors in interests.
<br /> Ivy Place Stormwater Agreement 3
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