Stormwater Maint & Easement Agreement

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inspect, repair,-and maintain said private Stormwater Facilities together with the right to grade, level,fill,drain,pave,and excavate the Stormwater Easement Area,and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said private Stormwater Facilities systems. Nothing in the grant of this easement shall be construed as imposing any obligation on the City, its successors and assigns, to take any action pursuant to the foregoing rights. 4. Reimbursement of Costs. The Owner shall reimburse the City for all costs reasonably incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable attorneys' fees. 5. Indemnification. This Agreement imposes no liability of any kind whatsoever on the City. The Owner hereby agrees to indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or resulting from the Owner or the Owner's agents or employee's negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents or employees, or failure by the City, its agents or employees to take any other prudent precautions, except to the extent of the City's or its agents', contractors' or employees' negligence or willful misconduct. In the event the City,upon the failure of the Owner to comply with any conditions of this Agreement,performs said conditions pursuant to its authority in this Agreement, the Owner shall indemnify and hold harmless the City, its employees, agents and representatives from any cost, damage or harm, except to the extent resulting from the City's or its agents',or employees' negligent acts in the performance of the Owner's required work under this Agreement. Failure to perform any of the Owner's required work shall not be considered negligence by the City, its employees, agents or representatives. 6. Notice. All notices required under this Agreement shall either be personally delivered or be sent by certified or registered mail and addressed as follows: To the Owner: Yogi Properties, LLC 7625 County Road 116 Corcoran, MN 55340 To the City: City of Orono Attention: Water Resources Engineer 2750 Kelley Parkway Orono, MN 55356 With Copy to: Campbell Knutson, P.A. Attention: Soren Mattick Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan,MN 55121 223283v1