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<br />203267v1
<br />Park Shore Drive public right of way (the “Roadway Easement Area”)as provided in Exhibit X.
<br />The Owner shall have the right to construct, maintain, replace, and repair a roadway within the
<br />Roadway Easement Area, and the City shall not obstruct, or allow to be obstructed, the Roadway
<br />Easement Area.
<br />6. Construction, Maintenance and Restoration of Trail and Recreational
<br />Stations. Owner shall construct the trail containing a minimum of six recreational stations that
<br />are included in the Facilities, and at least one of which must be designed primarily for the use of
<br />children, in accordance with the plans and specifications identified in the Plans. City hereby grants
<br />to Owner a temporary non-exclusive easement over, under, across, and above the City Property
<br />for the purpose of Owner’s construction of the trail and recreational stations referenced herein (the
<br />“Temporary Trail Construction Easement”). The Temporary Trail Construction Easement shall
<br />expire upon Owner’s completion of construction of the trail and recreational stations to be
<br />constructed as part of the Facilities in accordance with the Plans.
<br />A.After completion of construction by Owner, Aall maintenance, repair and
<br />replacement of the trail and recreational stations constructed as part of the Facilities shall be
<br />performed by Owner the City in accordance with the City’s standard practices for similar trails
<br />and facilities at the City’s cost. It is expressly understood and agreed that the Owner is under no
<br />obligation to maintain, repair, or replace said trail or recreational stations, and in no event shall this
<br />Agreement be construed to impose any such obligation on the Owner. The City agrees that it is, and
<br />will be, solely responsible for legal claims and addressing complaints brought by any third party
<br />regarding the maintenance, repair, replacement, and operation of said trail and recreational stations,
<br />except to the extent arising from the Owner’s breach of this Agreement or the Owner’s negligence
<br />or intentional misconduct. The City expressly agrees to indemnify, defend and hold the Owner
<br />harmless from any such third-party claim. in a manner that causes as little disturbance to the City
<br />Property as may be practicable under the circumstances. Any and all portions of the surface area
<br />of the City Property which may have been excavated, damaged or otherwise disturbed as a result
<br />of such work shall be restored, at the sole cost and expense of the Owner, to essentially the same
<br />condition as the same were in prior to the commencement of any such work.
<br />B.In exchange for the City’s assumption of the maintenance, repair, and replacement
<br />of the trail and recreational stations constructed as part of the Facilities, Owner agrees to pay the
<br />City an amount equal to One Hundred Thousand Dollars ($100,000), and thereafter Owner shall
<br />not be required to reimburse the City for any costs incurred by the City in connection with such
<br />maintenance, repair and/or replacement. In addition, the City hereby agrees that in no event will
<br />the City assess any such maintenance, repair and/or replacement costs against the Owner Property
<br />or Outlot B, ARDEN HILLS SENIOR LIVING, Ramsey County, Minnesota.The Owner, at its sole
<br />cost and expense, shall maintain, repair and, when necessary, replace, the trail and recreational
<br />stations so that the trail and stations are at all times in good working order, condition and repair,
<br />reasonable wear and tear excepted. Maintenance shall include plowing of snow on the trail within
<br />24 hours of snow events, moving a 36-inch wide strip along all sides of trail and recreational
<br />stations, sweeping the trail in May, July and October each year, cleaning, inspecting and repairing
<br />recreational stations monthly, and crack sealing and fog sealing trail pavement every five years.
<br />C. If the Owner fails to maintain, repair or replace the trail and/or work stations such
<br />that any portion of the trail or work stations pose a serious hazard to persons or property or has
<br />Formatted: Space Before: 12 pt, After: 0 pt, Hyphenate
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