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Landowner expressly agrees to defend and hold the city harmless from any such third-party
<br /> claim.
<br /> 6. Landowner hereby grants to the City, its successors and assigns, a permanent non-
<br /> exclusive easement for the purpose of accessing and maintaining the Stormwater Facilities
<br /> pursuant to the terms of this Agreement over, on, across, under and through the Easement Area.
<br /> The easement shall include the rights,but not the obligation, of the City, its contractors, agents,
<br /> servants, and assigns,to enter upon the Easement to construct, reconstruct, inspect, repair, and
<br /> maintain said private Stormwater Facilities together with the right to grade, level, fill, drain,
<br /> pave, and excavate the Easement Area, and the further right to remove trees,bushes,
<br /> undergrowth, and other obstructions interfering with the location, construction, and maintenance
<br /> of said private Stormwater Facilities systems.
<br /> 7. The Landowner, their heirs, successors and assigns, will perform the work
<br /> necessary to keep these Stormwater Facilities in good working order as appropriate. In the event
<br /> a maintenance schedule for the Stormwater Facilities (including sediment removal),is outlined on
<br /> the approved Plans and/or Inspection Report, the schedule will be followed and comply with all
<br /> federal, state, and local regulations relating to the disposal of material.
<br /> 8. In the event the City,pursuant to this Agreement, performs work of any nature, or
<br /> expends any funds in performance of said work for labor, use of equipment, supplies, materials,
<br /> and the like, the Landowner, their heirs, successors and assigns, shall reimburse the City upon
<br /> demand, within thirty(30) days of receipt thereof for all actual costs incurred by the City
<br /> hereunder.
<br /> 9. This Agreement imposes no liability of any kind whatsoever on the City. The
<br /> Landowner hereby agrees to indemnify and hold harmless the City and its agents and employees
<br /> against any and all claims, demands, losses, damages, and expenses (including reasonable
<br /> attorneys' fees)arising out of or resulting from the Landowner or the Landowner's agents or
<br /> employee's negligent or intentional acts, or any violation of any safety law, regulation or code in
<br /> the performance of this Agreement,without regard to any inspection or review made or not made
<br /> by the City, its agents or employees or failure by the City, its agents or employees to take any
<br /> other prudent precautions. In the event the City, upon the failure of the Landowner to comply
<br /> with any conditions of this Agreement,performs said conditions pursuant to its authority in this
<br /> Agreement, the Landowner shall indemnify and hold harmless the City, its employees, agents
<br /> and representatives for its own negligent acts in the performance of the Landowner's required
<br /> work under this Agreement, but this indemnification shall not extend to intentional or grossly
<br /> negligent acts.
<br /> 10. This Agreement shall be recorded among the land records of Hennepin County,
<br /> Minnesota, and shall constitute a covenant running with the land, and shall be binding on the
<br /> Landowner, their administrators, executors, assigns, heirs and any other successors in interests.
<br /> Ivy Place Stormwater Agreement 3
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