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6 <br />203267v1 <br />D. Owner hereby grants to the City, its successors and assigns, a permanent non- <br />exclusive easement for the purpose allowing recreational public access along the portion of the Fire <br />Lane as provided in legally described on Exhibit G for pedestrian and non-motorized vehicle (e.g. <br />bicycles) ingress and egress purposes only. <br />8. Reimbursement of Costs. The Owner and the City agrees to reimburse the City <br />other party for all costs incurred by the Citythe other party in the enforcement of this Agreement, <br />or any portion thereof, including court 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:Bramantes Arden Hills Land,AHSL Partners LLC <br />Attention:Christy RuetenbergerRoger Fink <br />3601 18th Street South, Suite <br />103_________________________ <br />St. Cloud, Minnesota 56301_________________________ <br />To the City: City of Arden Hills <br />Attention: City Administrator <br />1245 West Highway 96 <br />Arden Hills, Minnesota 55112 <br />All notices given hereunder shall be deemed given when personally delivered or two business days <br />after being placed in the mail properly addressed as provided herein. <br />12. Successors/Covenants Run with Property. All duties and obligations of Owner <br />under this Agreement shall also be duties and obligations of Owner’s successors and assigns. The <br />terms and conditions of this Agreement shall run with the Properties. <br />Commented [JG2]:This could include activities on our <br />property. If the City damages our building as a result of their <br />negligence, then they should be responsible, even if <br />performing repairs to the stormwater facilities on our behalf.