8.3. SR 08-20-2012 - Laserfiche WebLink

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AGREEMENT REGARDING USE OF IRRIGATION SYSTEMS AT MAIN STREET/HIGHWAY 169 INTERSECTION This Agreement entered into this day of August 2012, by and between (" ") and the City of Elk River, a Minnesota municipal corporation("City"). WHEREAS, is the owner/tenant/manager of the property located at in the City of Elk River(the "Property"); and WHEREAS,the Property is located immediately adjacent to the intersection of State Highway No. 169 and Main Street; and WHEREAS,the City is installing landscape improvements within the public right of way at the Main Street/Highway 169 intersection in order to beautify this gateway into the City; and WHEREAS,the City's landscape improvements will require an irrigation system(the "City System"); and WHEREAS,the most efficient way to connect the City System to a water source is by connecting it to 's existing irrigation system(the "Existing System"); and WHEREAS, has agreed to allow the City to connect the City System to the Existing System,pursuant to the terms of this Agreement; NOW, THEREFORE, the parties agree as follows: A. hereby grants City the right to enter on the property for the limited purposes of connecting the City System to the Existing System and maintaining, repairing and replacing the City System as necessary, and the right to use water from the Existing System, subject to the terms of this Agreement. B. City agrees that it: 1. Shall be solely responsible for connecting the City System to the Existing System and for maintaining,repairing and replacing the City System; 2. Shall make the connection and operate the City System without damaging or reducing the effectiveness of the Existing System; 3. Shall repair as quickly as reasonably possible any damage to the Existing System caused by City in the course of connecting the City System to the Existing System and maintaining, repairing or replacing the City System; 4. Shall restore the Property to its existing condition following completion of all work necessary to connect the City System to the Existing System and to maintain, repair and replace the City System;