2017.07.17 CC Packet - Laserfiche WebLink

Home

3. The Owner shall maintain the accessory structure in good repair and shall not permit it to be expanded, lengthened or to impair the City's easement or its rights thereunder in any respect. 4. The encroachment granted to Owner herein is subject to the existing easement rights of the City as granted in various easements. 5. The City will notify the Owner if it requires removal or relocation of the accessory structure or any part of it. Thereafter, the Owner shall remove the accessory structure according to the direction of the City and if the Owner fails to do so, the City may enter upon the land and remove as much of the accessory structure as required and cast it upon the adjoining lands. In such an event, the City shall not be liable to the Owner for any costs, loss or damage whatsoever, and may assess the property for all of its costs incurred in removing the accessory structure, and the Owner waives all formalities, requirements and defenses arising from or relating to Minnesota Statutes Section 429 relating to or arising from the work done by the City. 6. To the fullest extent permitted by law, the Owner agree to release, defend, protect, indemnify, save and hold harmless the City, its agents, directors, employees, shareholders and contractors against any and all claims, costs and liabilities, including the costs of defense for damages, injury or death arising from or in any way connected to the installation, maintenance, repair, removal and/or presence of the accessory structure, regardless of whether such harm is to the Owner, the City, the employees or officers, guests or invitees of either or any other person or entity, except the Owner shall not be liable under this paragraph for loss or damage to the extent resulting from the negligence of the indemnified parties. 7. The permission granted herein is limited exclusively to the proposed accessory structure within the specified portion of the easement area of the City's Easement. The Owner -2-