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Ivy Place Stormwater Agreement 3
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<br />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.
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<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.
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<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 labor, 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.
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<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.
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<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.
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