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CONSENT TO ALLOW ENCROACHMENT <br />OVER SANITARY SEWER INTERCEPTOR FACILITIES <br />KNOW ALL MEN BY THESE PRESENTS that the Metropolitan Council, <br />a public corporation and political subdivision of the state, being <br />the owner of a sanitary sewer interceptor located in the Southeast <br />Quarter of Section 5, Township 29, Range 22, Ramsey County, <br />Minnesota, in consideration of the sum of One Dollar and other good <br />and valuable consideration to it in hand paid, the receipt and <br />sufficiency of which is hereby acknowledged, hereby consents to the <br />encroachment over its sanitary sewer interceptor facilities. <br />The encroachment permitted by this Consent is described as <br />follows: Little Canada Arcade Street Reconstruction Project, <br />Utility and Street Improvements, No. 37231. <br />The Metropolitan Council and City of Little Canada, hereby <br />agree that said encroachment shall be subject to the following <br />conditions: <br />1. City of Little Canada will indemnify, save and hold the <br />Metropolitan Council harmless from and against any loss, cost, <br />or expense incurred by the Metropolitan Council, including any <br />losses resulting from claims or damages to property or <br />injuries to or deaths of persons, judgments, court costs and <br />reasonable attorneys fees, which arise out of or are claimed <br />to have arisen out of the above described project by City of <br />Little Canada. <br />2. City of Little Canada will notify the Metropolitan Council at <br />least 72 hours in advance of the actual physical start of <br />construction. <br />3. City of Little Canada hereby agrees that it will ensure its <br />contractor's and subcontractor's compliance with all <br />applicable safety standards pertaining to working in the <br />atmosphere of sanitary sewers. <br />Attention is specifically directed to the confined rules <br />adopted by the Minnesota Department of Labor and Industry <br />Regulations, Parts 5205.1000 through 5205.1040 and 5207.0300. <br />4. City of Little Canada hereby agrees that construction of the <br />project is in accordance with the construction plans as <br />reviewed and approved by the Metropolitan Council. <br />5. City of Little Canada hereby agrees that adjustment of <br />maintenance holes (MH 69 through MH 73) will be done in <br />accordance with Standard PL100, attached and made a part <br />hereof as Exhibit A. <br />-1- <br />Page 12 <br />