|
<br />,
<br />. TEMPORARY ACCESS PERMIT
<br /> TillS AGREEMENT, made this day of , 1998, between M T PROPERTIES,
<br /> INC., a Minnesota corporation, hereinafter called "MT", and City of Arden Hills, whose post office
<br /> address is , hereinafter called "Permittee."
<br /> WITNESSETH:
<br /> MT, for and in consideration of the covenants and promises hcrcinafter made to be observcd and
<br /> performed by I'ermittee, does hereby grant to Permittee temporary license and permission to enter upon
<br /> property owned by MT within the area described and shown on the attached print labeled "Exhibit A"
<br /> for the purpose of grading slope on MT's property adjacent to proposed street hereinafter referred to
<br /> as "Area." "Exhibit A" by this reference is made a part hereor.
<br /> Permittee in consideration of such license and permission hereby covenants and promises as
<br /> follows:
<br /> t. All work shall be done at Permittee's sole cost and expense. Permittee shall notify MT's lessee,
<br /> Minnesota Commercial Railway Company, hereinafter referred to as liMe," prior to any work
<br /> on area and all work shall be subject to the approval of MC's chief engineer.
<br /> 2. Pcrmittee shall give to the said engincer at least two (2) days advance notice of any work to be
<br /> done by Permittee on the said Area and shall conduct such work in such manner as not to
<br /> interfere with the maintenance and operation of the railway. ,
<br /> 3. Permittee hereby agrees it shall defend, indemnify, and hold harmless MT and any railroads
<br />. using tracks in the vicinity of the Area from any and all liability for injury to or death of any
<br /> and all persons whomsoever, including officers, employees, and agents of the parties hereto, or
<br /> loss of or damage to property to whomsoever belonging, including property owned by, leased to
<br /> or in the C:'lre, custody and control of the parties hereto, in any manner arising from the
<br /> PermiUee's use of the Area during the term of this agreement.
<br /> Permittee hercby assumes any and all responsibility and liability imposed upon MT, as a result
<br /> of its status as a "land owner" undcr federal and statc environmental laws and regulations,
<br /> including claims asscrtcd under the provisions of Minnesota Statutes 1984, Sections 115B.Ol-.024
<br /> ("MERLA), 42 V.S.C. Section 9601, et. seq. ("CERCLA"), and 42 V.S.C. Section 6901,35. seq.
<br /> ("RECRA"), and acts amendatory thereof or any similar statutes with respect to any occurrence
<br /> that took place while Permittee was entitled to use the Area.
<br /> 4. To effectuate the indemnification provisions of paragraph 4 hereof, Permittee shall procure and
<br /> keep in force during the term of this agreement or any extension thereof a public liability
<br /> insurance policy written by a company duly authorized to carryon business in the state of
<br /> Minnesota, the terms of which policy shall protect MT andlor said railroads from any and all
<br /> claims arising out of Permittee's use of the Area during the term of this permit; or, in the
<br /> allernative, l'ermittee shall procure and keep in force during the term hereof for the protection
<br /> of MT and said railroads an insurance policy rider to any liability insurance policy it may noW
<br /> have in force.
<br /> A certified copy of said insurance policy andlor rider shall be furnished to MT prior to use by
<br /> Permittee of the permission herein granted and the same shall be subject to approval by MT as
<br /> to the company writing thc same, the form and the substance thereor.
<br /> Said insurance policy andlor rider shall provide for a minimum coverage of not less than
<br /> $2,000,000 for each person and $2,000,000 for each occurrence and property damage limits of
<br />. liability of not less than $3,000,000 aggregate.
<br /> Notwithstan~ing any of the above, for purposes of this particular Temporary
<br /> Access Perm1t, MT agrees that the Permittee's normal liability covera e
<br /> through the League of Minnesota Cities Insurance Trust is adequate. g
<br />
|