04-07-2025 JDA Agenda Packet - Laserfiche WebLink

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E-4 TW185\1\1011577.v13 6. Reimbursement of Costs. The Owner agrees to reimburse the City for all costs incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable attorneys' fees. 7. Indemnification. This Agreement imposes no liability of any kind whatsoever on the City. The Owner hereby agrees to indemnify and hold harmless the City and the County and their respective 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 or failure by the City, its agents or employees to take any other prudent precautions. In the event the City, upon the failure of the Owner to comply with any conditions of this Agreement, performs said conditions pursuant to its authority in this Agreement, the Owner shall indemnify and hold harmless the City, its employees, agents and representatives for its own negligent acts in the performance of the Owner’s required work under this Agreement, but this indemnification shall not extend to intentional or grossly negligent acts. 8. Environmental Matters. The City shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorneys’ fees or losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the Easement Area or the Property prior to the date of this Agreement. 9. Notice. All notices required under this Agreement shall either be personally delivered or be sent by certified or registered mail or via overnight courier service (such as FedEx or UPS) and addressed as follows: To the Owner: Ryan RCC I, LLC 533 S. Third Street, Suite 100 Minneapolis, MN 55415 Attention: Peter Fitzgerald and Debra Altschuler To the County: Ramsey County Office of the County Manager 15 West Kellogg Boulevard, Room 250 Saint Paul, MN 55102 With copies to: Ramsey County Attorney’s Office 360 Wabasha Street N., Suite 100 Saint Paul, MN 55102 Attn: Kathleen Ritter Email: Kathleen.Ritter@co.ramsey.mn.us To the City: City of Arden Hills Attention: City Administrator 1245 West Highway 96 Arden Hills, Minnesota 55112