05-09-2005 Council Packet - Laserfiche WebLink

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4 I final record plans. Orono shall accept that portion of Spruce Way lying on the Orono Property. Such acceptance shall constitute a full release and satisfaction of Medina ’s obligations under this Agreement to construct the Local Improvements on the Orono Property but Medina shall retain ownership of the Local Improvements located on the Orono Property regardless of their extension into Orono. 1.7 Maintenance of Local Improvements. Medina and Orono have historically co operated with one another on an informal basis regarding maintenance of public improvements near their respective corporate limits and expect to do the same regarding the Local Improvements. II. RIGHT OF ENTRY 2.1 Right of Entry. Orono hereby grants to Medina, its agents, employees, contractors and invitees the right to enter upon the Orono Property for the purpose of making surveys, inspections, investigations, soil borings, drilling, and testing relative to construction of the Local Improvements, and for construction of the Local Improvements on portions of the Orono Property. 2.2 Consideration . In consideration for the right of entry, Medina agrees to: (a) Notify Orono and the owners of the Orono Property of the date and time that woric on the Orono Property by Medina will commence under this Agreement, which notice shall be at least three days prior to doing any work on the Orono Property; (b) Provide a copy of all test results, surveys and reports prepared by their employees or consultants evaluating the conditions present on the Orono Property to Orono as soon as reasonably possible following final completion thereof; (c) Do the work in a period of time no longer than is reasonably necessary to complete such activities authorized under this Agreement; (d) Use the Orono Property only for the purposes described herein and not park or store any equipment on the Orono Property, except during the limited periods of time when the work on the Orono Property which is contemplated by this Agreement is actually in progress; (e) Do no unnecessary damage to the Orono Property; (f) Hold Orono harmless from and indemnify it from any and all claims, damages, judgments or obligations, including the cost of defense of suit, arising out of damage to Orono Property or arising out of injury to anyone incurred or alleged to have been incurred in connection with or as a result of any work done pursuant to this Agreement, or as a result of Medina ’s intentional torts or negligence. Notwithstanding the foregoing, Medina shall not be responsible for the submission or application for further investigation or feasibility analysis of the proper methods of removal, treatment or disposal of any aJV-2$9469v} Mli2)0-JI2