05-23-2016 Council Packet - Laserfiche WebLink

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Easement 1. Grantor hereby grants to Grantee a perpetual Wetland Conservation Easement across the entirety of the Property for the purpose of fulfilling Grantee’s obligations under the Minnesota Wetland Conservation Act, including those obligations arising out of Grantee’s DORC covering all or a portion of the Property. Grantee’s rights under this Easement include the right to establish a perpetual conservation easement pursuant to Minnesota Statutes, chapter 84C. 2. Grantee is solely responsible for fulfilling its wetland conservation obligations under the Wetland Conservation Act and any other related obligations imposed by the State of Minnesota’s Board of Water and Soil Resources or other regulatory agencies. 3. By this Easement, Grantee is granted access to the Property and permission to create, modify, maintain, repair or replace wetlands and adjacent upland features as required by the approved DORC. Grantee may also grant access to the State and its agents, and other public representatives with Wetland Conservation Act authority, for inspection, monitoring and enforcement purposes. Grantee shall not grant access to the Property by the general public. 4. By granting this Easement, Grantor does not assume any of Grantee’s obligations or costs for wetland replacement, maintenance or repair within the Property under the Minnesota Wetland Conservation Act. 5. Grantee shall defend and hold Grantor harmless from and against all liabilities, damages, claims, costs and other similar expenses that are incurred by Grantor by reason of bodily injury or death of any person or damage to or destruction of any property arising from Grantee’s exercise of the rights granted under this Easement, except to the extent such liabilities, damages, claims, costs and other similar expenses arise from the negligence or willful misconduct of Grantor. 6. This Easement may not be modified without written consent of both Grantor and Grantee.