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onto the subject property outside of the easement area deemed necessary by the
<br />City or its agents to service, repair, or replace the existing storm pond, future
<br />utilities, or other uses of the drainage and utility area.
<br />4. DEFEND, INDEMNIFY, AND HOLD HARMLESS, In consideration of being
<br />allowed to encroach on the City's easement, the Owner, its successors, heirs, and
<br />assigns, hereby agree to defend, indemnify, and hold the City harmless from any
<br />claims, demands, losses, or injuries (collectively, "claims"') to persons or
<br />property which arise from or in connection with the use of the easement
<br />area, which claims shall include, without limitation: loss, injury or death to
<br />any licensee, invitee, agent or employee of Owner. The Owner, its
<br />successors, heirs, and assigns, also agree to defend, indemnify, and hold the
<br />City harmless from any damages caused to the Subject Property or any
<br />improvements on the Subject Property, including, but not limited to, fences,
<br />driveways, vegetation, or sprinklers, by the City or its agents in accessing the
<br />easement in serving, repairing, installing, or replacing the existing sewer lines,
<br />future utilities, or other uses of the easement area. Owner is responsible for
<br />restoring its encroachments after the City or its agents service, repair, install, or
<br />replace the existing utility lines, future utilities or other uses of the easement area.
<br />5. TERMINATION OF AGREEMENT. The City may, at its sole discretion,
<br />terminate this Agreement at any time by giving the then owner of the subject
<br />property thirty (30) days advance written notice. The property owner shall
<br />remove the retaining wall prior to the effective date of the termination of this
<br />Agreement. If the owner fails to do so, the City may remove the retaining wall
<br />without payment of any costs, for any reason, to the then owner.
<br />6. RECORDING. This Agreement shall be recorded against the title to the subject
<br />property.
<br />CITY OF ROSEVILLE PROPERTY OWNER
<br />Minnesota Industrial Properties
<br />Limited Partnership
<br />By: Minnesota Industrial Portfolio,
<br />LLC, Its General Partner
<br />am
<br />Craig Klausing, Mayor Michael C. Potts, V.P.
<br />ASB Capital Management,
<br />Its Manager
<br />William J. Malinen, City Manager
<br />Encroachment Agreement
<br />Page 2 of 3
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