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2020-101 Council Resolution
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2020-101 Council Resolution
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Last modified
2/20/2021 12:56:45 PM
Creation date
11/17/2020 7:07:20 AM
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City Council
Council Document Type
Resolutions
Meeting Date
10/12/2020
Council Meeting Type
Regular
Resolution #
20-101
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• <br />7. Within sixty (60) days of expiration or termination of this Agreement, Permittee shall restore <br />the Premises to a condition equal to or exceeding the existing condition prior to permitted <br />improvements and activities. <br />8. The use of explosives of any kind or for any purpose whatsoever within and adjacent to the <br />Premises, including ammunition in hand-held impact -driven type tools, is expressly <br />prohibited. <br />9. Permittee shall neither make any excavation nor alter any works or improvements therein <br />other than as expressly provided for in this Agreement, except with and according to SPRWS <br />General Manager's written consent thereto. <br />10. Permittee shall not allow hazardous substances within the Premises for any reason and shall <br />be responsible for any environmental, ecological, or other damage caused by the presence of <br />any hazardous substance introduced to the Premises during any permitted activities. <br />11. The Board reserves to itself the right to install additional works within the Premises and to <br />continue maintenance of existing works located therein. <br />12. Permittee shall not damage or obstruct or cause any interference or otherwise damage said <br />Premises or any improvement or works of the Board or others located therewithin, thereupon <br />or thereunder and Permittee shall pay for or otherwise make good to the satisfaction of the <br />Board any damage caused to said Premises or to any improvement or works of the Board by <br />Permittee and that any repair or replacement of works of the Board which might be damaged, <br />destroyed or rendered unsuitable to the purpose thereof by any reason arising out of acts of <br />Permittee shall be accomplished by the Board with its own forces or by its contractor, as the <br />Board may elect, and by use of materials furnished by the Board or its contractor as <br />hereinafter provided, all at the cost and expense of Permittee. <br />13. Permittee shall forever indemnify and save harmless, protect and defend the City of Saint <br />Paul and the Board, their employees and agents from any or all liability, suits or demands, <br />including the legal defense costs thereof, for bodily injuries (including death) or property <br />damages, including loss of use, arising out of the activity permitted by this Agreement. This <br />provision shall not, however, apply to the extent that such bodily injury or property damage <br />is caused by the negligence of the City of Saint Paul or the Board, its agents or employees. <br />This provision shall further be subject to the following: any liability of the City of Saint Paul <br />or the Board shall be governed by Minnesota Statutes, Chapter 466 and shall be subject to <br />the conditions and limitations therein. <br />14. The obligations of Permittee hereinabove set forth shall not be extinguished or modified in <br />any respect by reason of the fact of any insurance taken out in pursuance of other pertinent <br />provisions of this Agreement. <br />15. During permitted activity, Permittee or Permittee's contractor shall take out and maintain <br />comprehensive public liability insurance for and on behalf of Permittee. The City of Saint <br />Paul and the Board of Water Commissioners of the City of Saint Paul shall be named as <br />additional insureds, protecting the parties from claims for damages and bodily injuries, <br />including accidental death, as well as from claims for damage to property owned by the <br />Page 2 of 5 <br />
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