2010-05-26 CC Packet - Laserfiche WebLink

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