|
'. . /tem u04-CC Agenda-07/09/07
<br /> � � Dakota Rai[Corridor Driveiaay�Easement-Assessment Hearing[Page 8 of l9J
<br /> way is connected with or incicient to the exercise of GRANTEE'S rights on, over, and across the
<br /> Easement Area. Notwithstanding the foregoing, this provision is not intended to waive
<br /> GRANTOR's ar GRANTEE's statutory and common-law rights ta limitations and defense on
<br /> liability.
<br /> 8, GRANTEE hereby covenants and warrants that i# shall not use, employ, deposit,
<br /> store, dispose of, place or otherwise refease on the Easement Area, in connection with the
<br /> exercise of its rights under this Easement, any hazardous substance, hazardous waste or
<br /> pollutant or contaminant as such terms are defined under any federal, state or local statute,
<br /> ordinance, rufe, code or regulation, nor shall it create or permit any condition on the Easement
<br /> Area that could present a threat to human health ar #o the environment. GRANTEE agrees to
<br /> indemnify defend and hofd GRANTOR and its successars and assigns harmless against any and
<br /> al{ liability, loss, cost, damage or expense resulting from or cfue to the release of or threatened
<br /> release of hazardous substances, hazardous wastes or any pollutants or contaminants or any
<br /> other ertvironmentally regulated materials, including petroleum products and the various
<br /> constituents thereof, which were, or are claimed or alleged to have been used, employed,
<br /> deposited, stored, disposed of, placed or otherwise releasad on or from the Easement Area by
<br /> GRANTEE, its employees, agents, cantractors ar representatives. Natwithstanding the
<br /> foregoing, this provision is not intended to waive GRANTOR's or GRANTEE's statutory and
<br /> common-law rights to limitations and defense on Iiability.
<br /> 9. GRANTOR reserves the right to use and occupy the Easement Area and sha[I have the
<br /> right to agree fio ofiher occupatians of the Easement Area by one or more persons or firms,
<br /> provided, however, such uses shall not unreas�nably interfere with the easement rights granted
<br /> hereunder.
<br /> 10. GRANTEE, and not GRANT{�R, is responsible at its sole cost for the design,
<br /> construction and maintenance af the Alley, including the instalfation and maintenance of
<br /> advance warning signs and pavement markings in accordance with the Minnesota Manual on
<br /> Uniform Traffic Contro[ Devices (MMUTCD) as may be needed at present or in the #uture due to
<br /> GRANTOR's adjacent use of the Corridor.
<br /> 11 . This grant of easement is conditioned upon the premise that �se of the Alley and
<br /> exercise of the rights granted under this-Agreement shal[ not adversely affect future
<br /> transportation uses and other use of the Corridor for transportation purposes including without
<br /> limitation, rail, bus, bicycle and foot travel, for the location of communication facilities, incEuding
<br /> fiber optics and for other future transportation uses or other future public uses,
<br /> 12. The rights herein granted are subject to existing rights of way, whether or not of
<br /> record, for highway, roads, railraads, pipelines, canals, IateraIs, ditches and fiiber optic, electrical
<br /> or other transmission lines, and should it, at any time, become necessary because of
<br /> GRANTEE's use of the Easement Area to relocate any of said facilities k�y reason of GRANTEE'S
<br /> exercise of the rights granfied herein, GRANTEE, and not GRANTOR, shal] bear and pay the cost
<br /> of so doing.
<br /> GRANTEE akso accepts said Easement Area subject to any want or failure at any time af
<br /> GRANTOR's title to said Easement Area or any part thereof and GRANTEE sha[f assume any
<br /> 4
<br />
|