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5 203267v1 B. No machinery, trailers, vehicles, or other property may be stored or parked upon the Fire Lane. C. If the Owner fails to maintain regular maintenance and keep the Fire Lane in good condition, the City may repair or replace the fire lane, after adequate notice to the Owner and opportunity for the Owner to take appropriate action to maintain, repair, or replace the Fire Lane (which notice and cure period shall not be less than 60 days in duration). The Owner shall be responsible for all costs incurred by the City under this subsection 7.C. D. Owner hereby grants to the City, its successors and assigns, a permanent non- exclusive easement for the purpose allowing recreational public access along the portion of the Fire Lane legally described on Exhibit G for pedestrian and non-motorized vehicle (e.g. bicycles) ingress and egress purposes only. 8. Reimbursement of Costs. The Owner and the City agrees to reimburse the other party for all costs incurred by the other party in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable attorneys' fees. 9. Indemnification. The Owner hereby agrees to indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or resulting from the Owner or the Owner’s agents or employee's negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents or employees. 10. Insurance. The Owner shall maintain its own policies of public liability insurance with regard to the use of the City Property by Owner, its respective officers, agents, employees, members, invitees, contractors and assigns. 11. Notice. All notices required under this Agreement shall either be personally delivered or be sent by certified or registered mail and addressed as follows: To the Owner: AHSL Partners LLC Attention: Roger Fink 3601 18th Street South, Suite 103 St. Cloud, Minnesota 56301 To the City: City of Arden Hills Attention: City Administrator 1245 West Highway 96 Arden Hills, Minnesota 55112 All notices given hereunder shall be deemed given when personally delivered or two business days after being placed in the mail properly addressed as provided herein.