2020.05.04 CC Packet - Laserfiche WebLink

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5. If a structure is not being maintained in accordance with this agreement, the RCWD may give written notice detailing the deficiency. If the deficiency has not been corrected within thirty (30) days after receipt of this notice (in the case of a deficiency which is reasonably curable within 30 days), or arrangements reasonably deemed adequate by the RCWD have not been made within that period (for deficiencies which are not reasonably curable within 30 days), then the RCWD upon final further notice may take steps that it deems reasonable to correct the deficiency, and may have access to the Property during reasonable times for that purpose. The RCWD will provide notice before entry and exercise reasonable care to avoid damage to the Property. Within thirty (30) days of receipt of invoice the RCWD shall be reimbursed for all costs reasonably incurred in correcting the deficiency, including administrative costs and reasonable attorney fees. 6. Each parry agrees that it shall be responsible for its own acts and omissions and those of its inspectors and the results thereof to the extent required by law and shall not be responsible for the acts and omissions of the other party and the results thereof. Both parties' liability shall be governed by and limited to the tort liability provisions found in Minnesota Statutes Chapter 466, as amended from time to time, and any other application of law(s). This provision shall survive any termination of this Agreement. Each party shall be responsible for its own insurance. In the event of any claim or action filed against the parties jointly or separately for any act or omission of a party under this Agreement, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or stack separate statutory liability caps from the parties jointly or separately. This Agreement is intended to limit the liability of the Parties individually and jointly. 7. Each party will defend, indemnify and hold harmless the other party, its board and council members, employees and agents from any and all claims, suits, liabilities and damages for bodily injuries, including death, and property damages, including loss of use, to the extent resulting from any negligent or willful act or omission by itself, its employee or agent under this Agreement. Nothing herein creates any duty of care in either party for the benefit of any third party, or waives or otherwise affects any immunity, defense or liability limit that either parry enjoys under law. 8. Any notice under this agreement shall be sent by certified mail, return receipt requested, or delivered to the following address: City of Hugo 14669 Fitzgerald Ave N Hugo, MN 55038 Permittee may change this address by a certified letter to the RCWD referencing the permit number. 2