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-2- <br /> 2. The Agency agrees: <br /> a. That it shall not select locations for the monitoring wells on City <br /> • property that unduly interfere with the City's normal use of the property. <br /> b. That-it shall notify the -the City at least three days in advance of <br /> well installation and of the location, of the well . <br /> c. That it shall maintain the monitoring wells during the <br /> installation. <br /> d. That it shall , upon expiration of this agreement or upon completion <br /> of the investigation, whichever occurs first, abandon the monitoring wells in <br /> accordance with the Minnesota Department of Health Well Code. <br /> e. That it shall defend, indemnify and (cold the City harmless from any <br /> claims, suits or causes of action caused by or arising out of activities,_ <br /> actions or inactions of the Agency, its agents, contractors, or employees in the <br /> construction, operation, maintenance or abandonment of the wells. <br /> • f. That it shall restore any grounds, or property damaged or altered <br /> in connection with the construction, operation, maintenance or abandonment of <br /> the wells including, but without limiting the foregoing, the replacement of sod, <br /> removal of spoils, and restoration of grade, to as close to its original <br /> condition as is reasonably possible under the circumstances. <br /> This Access Agreement may be amended in writing upon agreement of the <br /> parties. <br /> 4. This Access Agreement will expire upon written notification from the <br /> MPCA Commisiioner that the investigation has been completed, although the Agency <br /> through its Commissioner may elect to terminate the agreement at an earlier date <br /> by giving written notice to the City. <br /> MINNESOTA POLLUTION CONTROL AGENCY <br /> Mayor <br /> GERALD L. WILLET City Manager <br /> Commissioner Title: <br /> Dated: Dated: <br />