5.1 PCSR 1-10-2012 - Laserfiche WebLink

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13.) City License Renewals. The City License will be considered for renewal as required by the Formatted: underline Elk River Code of Ordinances. Revisions to the terms and conditions of the City License will be subject to the following limitations. (Ol) The terms and conditions of the City License for the Project shall remain ~ Formatted: Indent: First line: 0.5" substantially in the form of the City License issued on January 17-, 2012, subject to reasonable amendments addressed to issues concerning the public health, safetygeneral welfare, with due regard for and consideration of the financial impacts of anv amendments on the Project. (02) The terms and conditions of the City License issued on January 17-, 2012, shall not be amended for so long as this Permit is in effect and all fees required under Section 9 are current to require andadditional reimbursements to the City for indirect costs related to the Project. (03) The City will not impose anv additional requirements in the City License regarding the ultimate disposal of process rejects non-processible waste or ash. Nothing in this paragraph shall be interpreted as preventing the Citv from imposing reasonable conditions regarding the hours routes and trucks used for transporting these materials within the City. (???~ 14.) Ris;ht to Require Performance. The failure of the City, at any time, to require performance by Permittee of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any of the provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 153.) Indemnification of City. The Permittee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting from EaEi-li~}~Proiect approval, construction, and operation. The Permittee shall indemnify the City, its officers, and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. The aforesaid defense, indemnity, and hold harmless provisions shall not be in effect from and after the date that the occurrence giving rise to the claim in questions is determined by a court with jurisdiction over the matter to have been caused solely by the willful conduct or negligence of the City, its officers or employees. Until the date of such judicial determination, the defense hold harmless and indemnification provisions shall be in full force and effect and in the event of such judicial determination, the City shall reimburse the Permittee all of its costs and expenses incurred on behalf of the City in connection with the foregoing. Nothing herein shall be construed to prohibit the City from selecting its own counsel to act as co-counsel in the defense of such matters. The Permittee agrees to indemnify, defend, and hold harmless the City of Elk River, its Council members, officers, and employees from any claims or damages arising out of any acts or omissions on the part of the Permittee and any of the participating counties or their commissioners, agents, or employees in the performance of the counties' contractual obligations under the agreements with the Permittee, from any strict liability imposed upon the City pursuant to Minn. Stat. 115B.01, et sec .. for the release of hazardous waste at the liac-i-lity-Project facilities and from any remedial actions, clean-ups, removal, closure, post-closure activities, or monitoring requirements or costs associated therewith. This indemnity, hold harmless, and defense obligation on the part of the ~~~,~~ c,