Laserfiche WebLink
<br />7.4. Requirements of Governmental Agencies; Cooperation. The <br />City shall assist and fully cooperate with MMPA, at no out-of- <br />pocket expense to the City, in complying with or obtaining <br />any land use permits and approvals, building permits, <br />environmental impact reviews, or any other permits or <br />approvals required for the construction, installation, <br />relocation, replacement, maintenance, operation or removal <br />of Wind Energy Facilities on the Easement Areas, including <br />execution of applications for such permits or approvals if <br />required. In connection with any applications for such <br />approvals, the City agrees at MMPA’s request to support <br />such application (at no out-of-pocket expense to the City) at <br />any administrative, judicial or legislative level. In the event <br />that any laws, rules, regulations or ordinances of any <br />governmental agency provide for setbacks or otherwise <br />restrict the location of any Wind Energy Facilities to be <br />installed on the Turbine Easement Area, the City shall <br />cooperate with MMPA in obtaining waivers of such setbacks <br />and shall execute any documents reasonably requested by <br />MMPA to evidence such waiver of such setbacks. The City <br />provides no guarantees of the approval of any applications <br />or waivers presented to the City of Elk River. <br /> <br />7.5. Indemnity. Subject to the tort liability limits provided under <br />Minn. Stat. chapter 466, the City will indemnify MMPA <br />against liability for physical damage to property and for <br />physical injuries to any person, to the extent caused by the <br />operations or activities of the City or the City’s invitees, <br />employees, tenants, agents or contractors. <br /> <br />7.6. Lateral Support. MMPA shall have and exercise the right of <br />subjacent and lateral support for Wind Energy Facilities on <br />the Turbine Easement Area to whatever extent is necessary <br />for the safe construction, operation and maintenance of <br />Wind Energy Facilities. The City expressly covenants that <br />the City shall not excavate so near the sides of or <br />underneath the Wind Energy Facilities as to undermine or <br />otherwise adversely affect their stability. <br /> <br />8. Termination. <br /> <br />8.1. MMPA Right to Terminate. MMPA shall have the right to <br />terminate this Agreement, as to all or any part of the <br />Property at any time and/or for any reason, effective upon <br />notice to the City from MMPA. <br /> <br />8 <br /> <br />Doc# 3047489\\2 <br />154644225.4 <br /> <br />