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Agreement # 02- <br /> 1 PERMIT AGREEMENT <br /> between <br /> BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL <br /> and <br /> CITY OF CENTERVILLE, MINNESOTA <br /> THIS AGREEMENT, made and entered into this _ day of 2011, by and between the <br /> BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL, a Minnesota <br /> municipal corporation ("Board"), acting through its General Manager of Saint Paul Regional Water <br /> Services ("SPRWS General Manager"), and the CITY OF CENTERVILLE, MINNESOTA, a <br /> Minnesota municipal corporation ("Permittee"). <br /> WITNESSETH: That the Board, for itself, its successors and assigns, and Permittee, for itself, <br /> its successors, and assigns, do hereby agree as follows: <br /> 1. The Board possesses title to certain real estate situated near Goiffon Road and Main <br /> Street in Centerville, said real estate being described and depicted in Certificate of <br /> Surveys attached hereto and incorporated herein (the "Premises"). <br /> 2. Permittee is hereby permitted to conduct public boat and water shows, fishing <br /> activities and other public recreation activities as may be requested in writing by <br /> Permittee's City Administrator, subject to advanced written approval by SPRWS <br /> General Manager. Any temporary installations such as docks, public seating, portable <br /> toilets or other structures or facilities shall be included in the written requests. <br /> 3. Permittee may assign the rights and responsibilities within this agreement to <br /> recreational organizations as may be approved in advance by SPRWS General <br /> Manager. Assignment of these rights and responsibilities to any party may be <br /> rescinded at any time and for any reason by SPRWS General Manager. <br /> 4. Adequate facilities as may be required by state and local laws or regulations to ensure <br /> public health will be provided by Permittee at its sole expense. <br /> 5. Permittee shall operate no heavy earth moving equipment or other heavy equipment <br /> over the Premises. <br /> 6. Permittee sha11 not allow hazardous substances within the Premises for any reason <br /> and shall be responsible for any environmental, ecological, or other damage caused <br /> by the presence of any hazardous substance introduced to the Premises during any <br /> permitted activities. <br /> 7. Permittee shall provide for effective erosion control and land maintenance that may <br /> become necessary as a result of any actions or activities hereby permitted. However, <br /> Permittee shall not be responsible for shoreline erosion. <br /> Page 1 of 5 <br /> 55 <br />