Title
Approving the first amendment to the 875 South Lexington Parkway Easement Deed.
Body
This first amendment (the "Amendment") to the 875 South Lexington Pkwy. Easement Deed, effective on the date of execution by both parties, is made and entered into by and between the property owner of 875 South Lexington Pkwy., hereinafter referred to as the "Property Owner", and the City of Saint Paul, hereinafter referred to as the "City",
WHEREAS, the property owner and the City signed an agreement (the "Agreement") on July 14th, 1953 that allowed the City to construct and maintain a 12 inch storm pipe underneath the driveway of the property at 875 South Lexington Pkwy., and
WHEREAS, as part of the agreement, a Ribbon driveway (see Exhibit A1) was constructed on top of the City's 12 inch storm, and
WHEREAS, the unpaved middle section of the Ribbon driveway was designed and constructed to allow surface water runoff to infiltrate through it and enter the City's 12 inch storm pipe, and
WHEREAS, the unpaved middle section of the Ribbon driveway provides quick and easy access for repairing the City's 12 inch storm pipe, and
WHEREAS, the City's 12 inch storm pipe underneath the Ribbon driveway has been inspected and determined to have no major defect, and
WHEREAS, the Property Owner and the City have agreed that the driveway on top of the City's 12 inch storm pipe can be changed from a Ribbon driveway to a V-shaped solid driveway, and
WHEREAS, the Property Owner and the City intend that all other provisions of the Agreement not changed, amended or modified through this Amendment shall remain in full force and effect.
NOW, THEREFORE, in consideration of the premises and the mutual promises made in connection herewith, the Property Owner and the City agree to the following conditions for changing the driveway at 875 South Lexington Pkwy., from Ribbon to V-Shaped:
1. The Property Owner shall construct the V-Shaped driveway within the property limits of 875 South Lexington Pkwy.
2. The V-Shaped driveway and the soil bedding underneath it shall have enough strength to prevent the weight of at least a 6,000 pounds city or construction vehicle from causing structural damage to City's 12 inch storm pipe. The Property Owner shall be responsible for any structural damage to the City's 12 inch pipe resulting from inadequate driveway and/or soil bedding strength. The Property Owner shall also be responsible for any damage to the City's 12 inch storm pipe that might result during construction of the V-Shaped driveway.
3. Installation of the V-Shaped driveway shall eliminate the City's quick and easy access to its 12 inch storm pipe because the V-Shaped driveway will not have the unpaved middle section that the Ribbon driveway has. Therefore, in the event that the City has to access and repair its 12 inch storm pipe, the property owner shall be responsible for any damages to the V-Shaped driveway.
4. Installation of the V-Shaped driveway shall prevent surface water runoff from infiltrating into the City's 12 inch storm pipe. Therefore, to allow for infiltration of surface water runoff into the City's 12 inch pipe, the City shall construct and maintain a Catch Basin Structure (see Exhibit A2) at the downstream end of the V-Shaped driveway. The Property Owner shall coordinate installation of the V-Shape driveway by his contractor and construction of the Catch Basin Structure by the City.
5. The property owner of 875 South Lexington Pkwy. expressly agrees to hold harmless, protect, defend and indemnify the City, its agents, employees and officers, from and against any and all claims, actions or suits of any kind brought for or on account of any claimed or alleged injuries or damages received by any person or property resulting from activities pertaining in any way to the V-Shaped driveway at 875 South Lexington Pkwy.
This Agreement constitutes the entire understanding between the Property Owner and the City, and shall be permanently binding on both parties unless it is terminated by mutual consent.