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r •v.'. <br />AgreeroePb No. PW 36-08-97 <br />CSAH 6; C.P. 9767 <br />NOW THEREFORE, IT IS HEREBY AGREED: <br />I <br />The City and the developer shall complete the installation of said <br />underpass according to the terms and conditions set forth in said Hennepin <br />County Permit No. 25491. Installation of said underpass shall hereinafter be <br />referred to as the "Project''. <br />It is understood and agreed that said underpass included in said Project, <br />along with any utilities installed within the right of way of CSAH 6, shall be <br />the property of the City and all maintenance, restoration, repair or <br />replacement required at any time shall be performed by the City at no expense <br />to the County. <br />The City agrees to defend, indemnify and hold harmless the County, its <br />officials, officers, agents, volunteers, and employees from any liability, <br />claims, causes of action, judgments, damages, losses, costs or expenses, <br />including reasonable attorney's fees, resulting directly or indirectly from <br />any act or omission of the City, its subcontractors, anyone directly or <br />indirectly employed by them, and/or anyone for whose acts and/or omissions <br />they may be liable related to the ownership, maintenance, existence, <br />restoration, repair or replacement of the City owned improvements. <br />Ill <br />In accordance with the policies of the Minnesota Department of <br />Transportation (Mn/DOT), said underpass will be defined as a bridge and has <br />been assigned Hennepin County Bridge No. 27J10. <br />Annual bridge inspections for said Bridge No. 27J10, as required by <br />Minnesota Statute and any other inspections for said Bridge No. 27J10 will be <br />the responsibility of Hennepin County. A copy of the inspection reports for <br />said bridge will be provided to the City. Any and all maintenance, <br />restoration, repair or replacement required either pn a routine basis or as a <br />result of any such inspections shall be accomplished by the City or its agents <br />at no expense to the County. <br />The County reserves the right to require the City to accomplish any such <br />- 2 -