8.3. SR 03-07-2016 - Laserfiche WebLink

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o Breach of contract or warranty. The indemnification obligations of this section do not apply in the event the claim or cause of action is the result of the City's sole negligence. This clause will not be construed to bar any legal remedies FMR may have for the City's failure to fulfill its obligation under this agreement. Follow best management practices to minimize negative impacts including but not limited to: soil compaction, rutting, and other soil disturbances; herbicide drift and non -target impacts; disturbance to nesting birds and other wildlife. Follow the agreed upon work plan (Exhibit A). The restoration activities presented in Exhibit A are in keeping with the Natural Resource Management Plan developed for the WHHCA. However, unanticipated weather, contractor, and site condition issues may necessitate changes to this work plan. Any recommended changes to the work plan will be discussed with the City of Elk River's project representative. The City of Elk River will: • Contribute up to $10,000 in each of the five years covered by this agreement toward the restoration/enhancement activities presented in Exhibit A. • Assist FMR in obtaining any necessary permits. • Be available to consult on the project. • Pay invoices promptly. • Inform appropriate city departments when FMR or any of its contractors will be on site to conduct the activities presented in Exhibit A. • Grant permission to Friends of the Mississippi River and any contractors that it hires to conduct restoration/enhancement activities at this site and grant unobstructed access to the project site. • Conduct outreach required to inform neighborhood/community of the activities associated with this restoration/enhancement project. • Not undo the restoration/enhancement activities performed by FMR as per state funding requirements. The city will retain any installed planting/restoration work and not disturb, degrade or remove it by other activities, including mowing, except as part of the installation process. Plants installed in the restoration site and all other management activities, including use of herbicides, mowing, etc must comply with the Natural Area Management Plan. If the City of Elk River must temporarily impact the restoration site to respond to emergent issues affecting normal business activities, it is the responsibility of the City of Elk River to ensure that the site will be restored to the pre -impact conditions as soon as possible, using its own funding. Consultation with FMR prior to any such work is strongly suggested, to ensure minimizing impacts and achieving proper mitigation. • Display a Clean Water, Land & Legacy Amendment sign at the site. This sign will be provided by FMR. In addition, it will cite the Outdoor Heritage Fund as a funder for the project in any promotional information that is produced by the city regarding this project.