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K. Right -Out Only onto County Road D. Traffic leaving the site onto County Road <br />D shall be prohibited from continuing directly down Wheeler Avenue with a right <br />out only barrier curb median, subject to the approval of the Public Works <br />Director. <br />4.0 Indemnification of City. Developer shall and does hereby indemnify, defend and hold <br />the City, its council, agents, employees, attorneys and representatives harmless against <br />and in respect to any and all claims, demands, actions, suits, proceedings, losses, costs, <br />expenses, obligations, liabilities, damages, recoveries and deficiencies, including interest, <br />penalties and attorneys fees, including without limitation, any litigation which may be <br />commenced by Developer, that the City incurs or suffers, which arise out of and result <br />from or relate to any of the following: <br />A. Failure of the Developer to observe or perform any covenant, condition, <br />obligation or agreement on its part, either jointly or severally, to be observed and <br />performed under the terms of this Agreement; <br />B. Failure of Developer to pay contractors, subcontractors, laborers, or material men; <br />C. Failure of the Developer to pay for materials; <br />D. Approval by the City of PUD Plans, the Final Plans and other PUD controls; <br />E. Approval by the City of any final Plats; and <br />F. Failure to obtain the necessary permits and authorizations to redevelop the <br />Property. <br />5.0 Notice. <br />A. Where written notice is required of the City, it shall be sent to: <br />Meagan Beekman <br />Arden Hills City Planner <br />City of Arden Hills <br />1245 West Highway 96 <br />Arden Hills, MN 55112 <br />B. Where written notice is required of the Developer it shall be sent to: <br />Pamela Belz <br />PHS of Arden Hills, Inc. <br />2845 Hamline Avenue North <br />Roseville, MN 55113 <br />6.0 Defense of Claim. With respect to any claims or demands asserted against the City by a <br />third party of the nature covered by Section 4.0, and provided that the City gives timely <br />7 <br />