|
A. The Pernittee shall pay all direct costs incurred by it or the City in
<br />conjunction with the application for this Permit and development of the
<br />Facility, including without limitation legal, pla~a~aing, consulting,
<br />engineering, and inspection expenses including a reasonable charge for
<br />City staff time) incurred in connection with approval of the Facility, the
<br />preparation of this Permit, and all costs and expenses Incurred by the City
<br />in monitoring and inspecting the construction of the Facility, except those
<br />costs and expenses normally covered by the building pe~.nit fee.
<br />B, The Pe~~nittee shall defend and hold the City, its officers, and employees
<br />hornless from all claims made by third parties far damages sustained or
<br />costs incurred resulting from Facility approval, construction, and
<br />operation. The Permittee shall indemnify tl~e City, its officers, and
<br />employees for all costs, damages, or expenses which the City any pay or
<br />incur in consequence of such claims, including attorneys' fees. Tlae
<br />aforesaid defense, indemnity, and hold harmless provisions shall not be in
<br />effect from and after the date that the occurrence giving rise to the claim in
<br />questions is determined by a court with jurisdiction over the matter to have
<br />been caused solely by the willful conduct or negligence of the City, Its
<br />officers or employees. Until the date of such judicial determination, the
<br />defense hold harmless and indemnification provisions shall be in full force
<br />and effect and in the event of such judicial determination, the City shall
<br />reimburse the Permittee all of its costs and expenses incurred on behalf of
<br />the City in connection with the foregoing. Nothing herein shall be
<br />construed to prohibit the City from selecting its own counsel to act as co-
<br />counsel in the defense of sucl~ matters. The Per~mittee agrees to
<br />indemnify, defend, and hold harmless the City of Elk River, its Council
<br />members, officers, and employees fram any claims or damages arising out
<br />of any acts or omissions on the part of the Permittee and any of the
<br />pa~~ticipating counties or their commissioners, agents, or employees in the
<br />performance of the counties' contractual obligations under the agreements
<br />with the Perrmittee, from any strict liability Imposed upon the City
<br />pursuant to Minn, Stat, 115B.D1, et set, for the release of hazardous waste
<br />at the Facility and from any remedial actions, cleanups, removal, closure,
<br />post~closure activities, or monitoring requirements or costs associated
<br />therewith. This indemnity, hold harmless, and defense obligation an the
<br />part of the Permittee shall include, but not be limited to, any and all
<br />actions, claims, requirements, or claims for damages arising out of the
<br />granting of this Permit for the Facility or any variance associated with the
<br />height of the proposed Processing Facility and the inability of the City to
<br />properly respond to fire calls at the Processing Facility due to the
<br />limitations of its equipment or personnel, but shall not include willful and
<br />unjustified failure to respond to fire calls at the Processing Facility, The
<br />indemnities provided in the paragraph B are subject to the limits of
<br />liability set forth in Minnesota Statutes Sections 466.04 and 466.D6, as
<br />S~\PLANNING MAIN1Case Files\CUP\CU [x-22 Resource Recovery Technologies\CUP
<br />
|