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within the existing easement created. by Document No. 1992,663 recorded. with the
<br />Ramsey County Record.er on January 2,6,, 1978; to excavate the Easement Area to
<br />facilitate the drainage and. retention of water on,, aver,, across and. through the
<br />Easement Area; to plant, , restore and. maintain vegetation within the Easement Area;
<br />and. to do all other acts and. things which are reasonably necessary for or incidental to
<br />the exercise of the easement rights granted. herein all in accordance with the plan
<br />attached. as Exhibit A d.escribing the elevations to which the Easement Area may be
<br />graded. and. the outlet pipe location and. size,, and. the plan attached. as Exhibit B
<br />showing the vegetation to be installed..
<br />3. The City shall complete the work d.escribed. on Exhibits A and. Exhibit B and. shall
<br />replace any wood. duck houses it removes as a result of the construction work to be
<br />performed. by the City within the Easement Area.
<br />4. If either the City or Grantor shall default with respect to any of its oblwations set
<br />forth herein and. shall fail within thirty (3 0) days after receipt of written notice from
<br />the other to cure such default, , then the non-defaulting party shall,, in addition to all
<br />other rights and. remedies it may have at law or in equity,, have the right, at its
<br />election,, but not the obligation,, to cure such default and. be reimbursed. by the
<br />defaulting party for its reasonable expense incurred. in curing such default.
<br />Notwithstanding the foregoing,, the defaulting party shall have such additional time as
<br />may be reasonably necessary to cure such default if the default is not cured. within the
<br />thirty (30) day cure period., provided. the defaulting party proceeds with reasonable
<br />diligence to cure such default after the receipt of the written default notice.
<br />5. The City shall,, subject to the provisions of Minnesota Statutes Chapter 466,, d.efend..,
<br />ind.emnify and. hold. harmless the Grantor from any claims,, damages,, suits or other
<br />assertions of liability against Grantor as a direct result of City's grading,, excavation,,
<br />construction or land.scaping activities on the Easement Area during the term of this
<br />Easement.
<br />6. The foregoing temporary construction and. access easement shall be binding upon and.
<br />inure to the benefit of the parties hereto,, and. their successors and. assigns,, and. shall
<br />-run with the land. until December 31, 2,016,, at which time this temporary construction
<br />and. access easement shall expire and. have no further force or effect.
<br />7. The City shall not damage any trees,, turf or other personal property of Grantor
<br />located. outside the Easement Area. Any damage to personal property of Grantor
<br />located. outside the Easement Area,, caused. by the City's use of the Easement Area
<br />pursuant to this Easement,, shall be promptly repaired. and. returned. to the condition
<br />prior to the damage or the condition contemplated. by the plans attached. hereto as
<br />Exhibit A and. Exhibit B at the City's sole expense.
<br />8. The improvements contemplated. by this agreement are intended. to benefit the City
<br />and. the public and. are intended. to enhance neither the value of the property subject to
<br />the easement nor any other property owned. by Grantor.
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