4.13 SR 10-05-2020 - Laserfiche WebLink

Home Browse Search

2. Use of Easement Area by Grantor; Reservation of Rights. Grantor hereby agrees that it will not perform or allow or cause the construction of any improvements on the Property which could damage or obstruct the drainage pipe or the drainage improvements in the Easement Area; or interfere with Grantee’s access to or use of the Easement. Grantor hereby reserves and retains all other property rights in and to the Easement Area including, without limitation, the right to make aesthetic improvements and to use the Easement Area for any purpose which does not interfere with the purpose of the Easement or the Grantee’s rights hereunder. 3. Conduct of Work and Notification. Any installation, maintenance, replacement, repair and/or removal of the drainage pipe or other drainage improvements performed by Grantee, its agents and employees, shall be performed at Grantee’s sole cost and expense. Grantee shall have the right to enter on the Easement Area for the purpose of maintenance and repair of the drainage improvements at any time. Maintenance or other work which requires the surface of the Easement Area to be excavated shall only be commenced after ten (10) days’ notice to the Grantor, except that in an emergency the work may be initiated upon such notice as is reasonable under the circumstances. 4. Restoration by Grantee. Grantee will restore and maintain the Easement Area to the same standards as similar stormwater facilities within the city. If the surface of any portion of the Property outside of the Easement Area, or any landscaping, curbing, pavement or other improvements thereon, shall be disturbed by the installation, operation, maintenance, replacement, removal or other activities performed by or on behalf of Grantee in connection with the Easement, said surface and improvements shall be restored by Grantee to their condition prior to such disturbance. 5. Prohibition Against Liens. Grantee shall not permit any mechanics’, materialmen’s or other liens to be filed against the Property, or any part thereof, for works or materials furnished by Grantee in connection with the Easement, and Grantee agrees to indemnify, defend and hold Grantor harmless from and against the same. 6. Warranty of Title. Grantor represents and warrants to Grantee that Grantor is the only owner of fee simple title to the Property, and that there are no (i) owners of mortgages, contracts for deed, leases, rental agreements, occupancy agreements, or (ii) any other encumbrances or verbal or written agreements of any nature whatsoever affecting title to the Property. Grantor, on behalf of itself, its successors and assigns, hereby indemnifies and holds harmless Grantee against and from any and all claims for loss, damage, or expenses which may be incurred by Grantee based upon any claim from a party whose consent was required (but was not obtained) for this Grant of Easement. 7. Governing Law. This Grant of this Easement shall be construed and governed by the laws of the State of Minnesota. \[signature pages follow\] 2