05-07-96 CCM - Laserfiche WebLink

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and shall be to the satisfaction of the City Engineer. 2. The restoration shall include but not be limited to replanting of trees and shrubs; re-establishment of grass by seeding, mulching and fertilizing, or, by sodding; and the replacement of gravel roadways and parking areas. 3. In the event that Contractor fails to restore the -- - Storage Area as described herein, VBWD hereby agrees to reimburse the City for all costs which it incurs in order to complete such restoration. Any statements sent to VBWD for restoration work shall be paid within thirty days of receipt of the statement. E. Contractor and VBWD hereby agree to defend, indemnify and hold the City harmless against any and all claims of whatever kind arising out of the use of the easement or Storage Area by the Contractor and/or VBWD during the period of construction. F. VBWD shall reimburse the City for all costs which the City incurs in connection with its review of the requests described herein, the preparation of documents, and the ( supervision of the Contractor to insure compliance with the terms of this Agreement. Such costs shall include reasonable administrative, engineering and legal fees. Any statements which VBWD receives for reimbursement of costs from the City shall be paid within thirty days of receipt of the statement. G. The City hereby agrees to convey a permanent storm water main easement to VBWD. The easement format shall be substantially as shown on Exhibit B attached. The parties anticipate that there might be slight variances to the legal description of easement after the storm water main has been installed. IN WITNESS WHEREOF, the parties have hereunto set their hands. Pursuant to authorization granted by the City Council on February 20, 1996. CITY OF LAKE ELMO Wyn John Mayor Mary Kueffner City Administrator