08-10-2005 Council Agenda - Laserfiche WebLink

Home Browse Search

2. No Other Encroachments. Except for the Approved Encroachments as defined in the Agreement, City shall not create, erect, place or construct any other Encroachment on, above or below the surface of the ground on Magellan's Easement Tract, or change the grade or elevation of the ground surface within Magellan's Easement Tract or at any time plant or allow any trees thereon or cause or permit any of these to be done by others, without the express prior written permission of Magellan. 3. Magellan On -Site Representative. Exclusive of Saturday Sunday, and legal holidays City shall notify Magellan a minimum of 48 hours in advance of any Encroachment activities on Magellan's Easement Tract so that Magellan may arrange to have a representative present. At Magellan's option and at City's sole cost and expense, Magellan's representative may be on site during all Encroachment activities over or within ten feet (10) of the Magellan Facilities to confirm that no damage occurs to the Magellan Facilities. The presence of Magellan's representative or any verbal instructions given by such representative shall not relieve City of any liability under the Easement or this Agreement, and will not change the terms of the Easement or this Agreement, which may only be changed by written agreement by authorized representatives of City and Magellan. If pipeline, coating, cathodic protection and /or any other repair of Magellan Facilities is required by Magellan or if the safety of the Magellan Facilities is jeopardized, in Magellan's sole judgment, City shall stop all construction activities on Magellan's Easement Tract until said repairs are completed or until any unsafe construction practices are resolved to the satisfaction of Magellan's on -site representative. Written notification of such construction activity shall be made to MAGELLAN PIPELINE COMPANY, Coordinator of Operations & Maintenance, Howard White @ 2451 West County Road C, St. Paul, MN 55113, Office:(651) 633- 9339, Cell: (612) 759 -9452, Fax: (651) 633 -8217, or such other representative of Magellan, which Magellan may from time to time designate. 4. Protection of Magellan Facilities. City shall protect the Magellan Facilities if excavating and backfilling become necessary within Magellan's Easement Tract. If excavating within 2 feet of any Magellan pipeline or when otherwise deemed necessary by Magellan's on -site representative, City shall perform any necessary digging or excavation operations by hand digging. City shall reimburse Magellan for all costs of having a representative of Magellan on -site during construction activities related to the Approved Encroachments. 5. Breach. If either City or Magellan breaches this Agreement and the non - breaching party commences litigation to enforce any provisions of this Agreement, the reasonable cost of attorneys' fees and expenses will be payable to the non - breaching party by the breaching party upon demand, for all claims upon which the non - breaching party prevails. 6. .Insurance. City shall procure or cause its contractors and subcontractors to procure and maintain in force throughout the entire term of this Agreement insurance coverage described 3 Encroachment Agreement EA-17 Xing — 3 -28 -05 — Tract 3324 Ramsey County, MN - Agent DM / 113 - Project 05 -029