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<br />Agreement No. PW 59-10-07
<br />CSAH 136; C.P. 0524
<br />Upon completion of the Project the County shall, at its own cost and expense, retain
<br />ownership and maintenance responsibilities for those portions of the roadway storm sewer
<br />drainage system functioning as catch basins and associated lead pipes that are within or between
<br />the outermost curb lines of the County roadway as well as those within the radius return limits of
<br />intersecting municipal streets. All other components of the roadway storm sewer drainage system,
<br />constructed as a part of this Project including but not limited to all trunk lines, drainage structures,
<br />ponds, storm water treatment structures, storm interceptors and cross road culverts, shall become
<br />the property of the City and shall be maintained by the City.
<br />All questions of maintenance responsibilities that may arise shall be jointly resolved by the
<br />City Engineer and the County's Operations Division Engineer.
<br />It is hereby understood that the County requires an operational clear zone behind the face
<br />of curb for storage of snow removed from County roadways. The City hereby agrees that the
<br />City shall be responsible for the removal of any snow that may be placed on the sidewalks and/or
<br />pedestrian/bicycle paths within the operational clear zone, as a result of the County's snow
<br />removal operations on CSAH 136 within the limits of the Project. This paragraph is not intended
<br />to confer a benefit upon any third parry and the City's decision to remove snow from the
<br />sidewalk and/or paths shall be made by the City in its sole discretion pursuant to its policy on
<br />removal of snow and ice from its sidewalks and/or pedestrian/bicycle paths and trails.
<br />XX
<br />The City agrees to defend, indemnify and hold harmless the County, its officials, officers,
<br />agents, volunteers and employees, from any liabilities, claims, causes of action, judgments,
<br />damages, losses, costs or expenses, including, reasonable attorneys' fees, resulting directly or
<br />indirectly from any act or omission of the City, its contractors, anyone directly or indirectly
<br />employed by them, and/or anyone for whose acts and/or omissions they may be liable for related
<br />to the ownership, maintenance, existence, restoration, repair or replacement of the afore defined
<br />City owned improvements constructed as part of said Project. The City's liability shall be
<br />governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law.
<br />The County agrees to defend, indemnify, and hold harmless the City, its officials,
<br />officers, agents, volunteers, and employees from any liability, claims, causes of action,
<br />judgments, damages, losses, costs, or expenses, including reasonable attorneys' fees, resulting
<br />directly or indirectly from any act or omission of the County, its contractors, anyone directly or
<br />indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable
<br />related to the ownership, maintenance, existence, restoration, repair or replacement of the afore
<br />defined County owned improvements constructed as part of said Project. The County's liability
<br />shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law.
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