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2010-05-26 CC Packet
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2010-05-26 CC Packet
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arise out of or are claimed to have arisen out of the encroachment on or use of the easement <br />area by the Public and City of Centerville, its successors and assigns. <br />The City and the Metropolitan Council agree that they will independently be responsible for <br />their own acts and the results thereof, to the extent authorized by law and shall not be <br />responsible for the acts of the other party and the result thereof. The City and the <br />Metropolitan Council's liability are governed by the provisions of Minnesota Statutes, chapter <br />466. <br />2. The City of Centerville, it's successors and assigns, will notify the Metropolitan Council .at <br />least 72 hours in advance of the actual physical start of any construction. <br />3. The City of Centerville, it's successors and assigns, hereby agree that it will ensure their <br />contractor and subcontractor's compliance with all applicable safety standards pertaining to <br />working in the atmosphere of sanitary sewers. <br />Attention is specifically directed to the confined space rules adopted by the Minnesota <br />Department of Labor and Industry Regulations 5207.0300. <br />4. The City of Centerville, it's successors and assigns, hereby agree that construction of the <br />project is in accordance with the construction plans as reviewed by the Metropolitan Council. <br />The City of Centerville, its contractors and subcontractors must protect the Metropolitan Council <br />facilities during construction. Stockpiles of soil and construction material and imposition of <br />excessive loading over the interceptor sewer force main is not permitted. <br />5. The City of Centerville, it's successors and assigns, hereby agree that the Metropolitan <br />Council employees, agents, and successors in interest shall have access to its facilities at all <br />times. <br />6. The City of Centerville, it's successors and assigns, will pay for repair or replacement of any <br />damage to or destruction of Metropolitan Council's facilities, which damage or destruction arises <br />from or is attributable to the encroachment described in this consent. <br />7. Should the Metropolitan Council find it necessary to remove or disturb in any way the trail <br />improvements and storm water structures and pipes shown on the plans and constructed as part <br />of the project in the pipe easement area, reconstruction shall be paid for by the. City of <br />Centerville, it's successors and assigns. <br />S. This agreement shall be binding upon and inure to the benefit of the parties hereto and their <br />successors and assignees and the consent granted herein shall be perpetual and shall constitute a . <br />covenant running with the land. <br />9. The City of Centerville, it's successors and assigns shall provide to the Met Council <br />Environmental Services Division specifications, half size drawings, and electronic files <br />(AUTOCAD"' 2009 or newer) of the Project encroaching on the Met Council Easement. <br />!WO <br />
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