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<br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />The City shall not be responsible for any costs, expenses, damages, demands, <br />obligations. including penalties and reasonable attorneys' fees, or losses resulting from <br />any claims, actions, suits. or proceedings based upon the existence of, the release of or <br />the threat of a release of any hazardous substances existing within the easement area <br />prior to the date hereof. <br /> <br />Nothing contained herein shall be deemed a waiver by the City of any <br />governmental immunity defenses, statutory or othelWise. Further, any and all claims <br />brought by Grantor, its successors or assigns, shall be subject to any governmental <br />immunity defenses of the City and the maximum liability limits provided in Minnesota <br />Statute Chapter 466. <br /> <br />Grantor, its successors and assigns shall be responsible for the construction and <br />maintenance of the trailway easement. The easements defined herein are located <br />within a private recreational area under the control of the Grantor. The City <br />acknowledges that future reconfigurations or redevelopment of the Property may <br />necessitate the. relocation of the easement area defined herein. The City agrees to <br />review the necessity for and appropriate location of a relocated easement area when <br />such redevelopment may occur and shall not unreasonably withhold its approval. <br /> <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement <br />effective the _ day of . 2003. <br /> <br />GRANTOR: <br /> <br />BETHEL COLLEGE AND SEMINARY <br /> <br />By: <br /> <br />Dr. George Brushaber <br />President <br /> <br />CITY: <br /> <br />THE CITY OF ARDEN HILLS <br /> <br />By: <br /> <br />Beverly Aplikowski <br />Its: Mayor <br /> <br />By: <br /> <br />Aaron Parrish <br />Its: Acting City Administrator <br /> <br />3 <br />