08-22-2005 Council Packet - Laserfiche WebLink

Home Browse Search

3. The entry, inq)ection and enforcement actions taken by the MCWD under this Agreemrat will be taken wholly at the MCWD’s discretion and cost. This Agreement does not diminish Qrono’s ability to enforce any term of the Easement Agreement, nor does it diminish any other authority either Orono or the MCWD may possess apart firom this Agreement 4. No joint powers board is established by this Agreement and the parties do not intend any form of joint and/or several liability to attach to any action of a party hereunder. Each potty to diis Agreement acts hereunder pursuant to its own powers and discretion and not as the rq;>resentative or agent of the other. The MCWD agrees to hold harmless, deftnd and indemnify Orono with respect to any claim, cause of action, cost, damage or liability that arises from and to the extent of an action or iiuiction by the MCWD that is a basis for MCWD liability. Orono agrees to hold harmless, defend and indemnify the MCWD with respect to any claim, cause uf ticUoa, cost, damage or liability that arises fiom and to the extent of an action or inacuon by Orono that if- a basis for Orono’s liability. S. This Agreement provides for no disbursement of funds. Each patty will bear its own coats of administering and acting under this Agreement. 6. The patties will communicate to ensure the sound administration of this Agreement widi respect to both any individual inspection or enforcement action and activity under foe Agreement generally. 7. This Agreement will be effective for five years from the date of full execution, and will renew automatically for additional five-year terms unless terminated by agreement of the partiea. All amendments to this Agreement must be in writing 8. The above recitals are incorporated herein. IN WITNESS WHEREOF, the parties have executed this Agreement MINNEHAHA CREEK WATERSHED DISTRICT Date: Its President iSi. 'mi APPROVED AS TO FORM AND EXECUTION Smith Parker, P.L.L.P. -1PI "- • . =■ hmrn, I