01-26-2005 Council Agenda - Laserfiche WebLink

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Grantor, its heirs, successors and assigns, will not erect, construct, or create any building, improvement, structure of any kind, either above or below the surface, or change the grade thereof without the express written permission of the Grantee. Notwithstanding the aforementioned provision, the following improvements by Grantor, its heirs, successors, and assigns do not require Grantee's written approval: fences, parking Lots, street and /or roadways, landscaping, bushes, shrubs. However, Grantor hereby agrees that Grantee will not be responsible for and will not pay for the loss or any damage to, or replace or restore the following items within the easement area: fences, trees, shrubs, bushes or other plantings, other than grass or sod, except as specifically provided in the Memorandum of Agreement dated The Metropolitan Council shall indemnify, defend and hold harmless the City of Little Canada, its officials, officers and employees from and against all claims, losses and expenses arising out of occurrences or the premises subject to the easements attributable to the use of the easements by Metropolitan Council, its employees, contractors and agents provided that any such claim (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting therefrom; (2) is caused in whole or in part by any negligent act or omission of Metropolitan Council, its employees, agents or contractors; and (3) is not caused in whole or in part by the grossly negligent act or omission or intentional act of the Grantor, its officers, officials, employees or agents. This obligation shall not be constructed to negate or abridge or otherwise waive, with respect to Metropolitan Council, the provisions of Minnesota Statues, Chapter 466.