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<br />to the maintenance and operation from the Stormwater Facilities. The Owner expressly agrees to
<br />defend and hold the City harmless from any such third-party claim.
<br /> 5. Grant of Easement. Owner hereby grants to the City, its successors and assigns,
<br />a permanent non-exclusive easement for the purpose of accessing and maintaining the Stormwater
<br />Facilities pursuant to the terms of this Agreement over, on, across, under and through the Easement
<br />Area as described in Exhibit C. The easement shall include the rights, but not the obligation, of
<br />the City, its contractors, agents, servants, and assigns, to enter upon the Easement to construct,
<br />reconstruct, inspect, repair, and maintain said private Stormwater Facilities together with the right
<br />to grade, level, fill, drain, pave, and excavate the Easement Area, and the further right to remove
<br />trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and
<br />maintenance of said private Stormwater Facilities systems.
<br /> 8. Reimbursement of Costs. The Owner agrees to reimburse the City for all costs
<br />incurred by the City in the enforcement of this Agreement, or any portion thereof, including court
<br />costs and reasonable attorneys' fees.
<br /> 9. Indemnification. This Agreement imposes no liability of any kind whatsoever on
<br />the City. The Owner hereby agrees to indemnify and hold harmless the City and its agents and
<br />employees against any and all claims, demands, losses, damages, and expenses (including
<br />reasonable attorneys' fees) arising out of or resulting from the Owner or the Owner’s agents or
<br />employee's negligent or intentional acts, or any violation of any safety law, regulation or code in
<br />the performance of this Agreement, without regard to any inspection or review made or not made
<br />by the City, its agents or employees or failure by the City, its agents or employees to take any other
<br />prudent precautions. In the event the City, upon the failure of the Owner to comply with any
<br />conditions of this Agreement, performs said conditions pursuant to its authority in this Agreement,
<br />the Owner shall indemnify and hold harmless the City, its employees, agents and representatives
<br />for its own negligent acts in the performance of the Owner’s required work under this Agreement,
<br />but this indemnification shall not extend to intentional or grossly negligent acts.
<br />10. Insurance. The Owner shall maintain its own policies of public liability insurance
<br />with regard to the use of the City Property by Owner, its respective officers, agents, employees,
<br />members, invitees, contractors and assigns.
<br /> 11. Notice. All notices required under this Agreement shall either be personally
<br />delivered or be sent by certified or registered mail and addressed as follows:
<br />To the Owner: Scannell Properties, LLC
<br />294 Grove Lane, Suite 140
<br />Wayzata, MN 55391
<br />Attn: Tim Elam
<br />
<br /> To the City: City of Arden Hills
<br /> Attention: City Administrator
<br /> 1245 West Highway 96
<br /> Arden Hills, Minnesota 55112
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