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ADDENDUM TO ROADWAY EASEMENT AMERICAN STREET This Addendum is and forms a part of that certain Roadway Easement dated day of. , 1985 by and between Tanurb Developments Inc. (party of the first part) and the City of Roseville (party of the second part). Notwithstanding anything in the foregoing Roadway Easement to the contrary, the parties agree as follows: 1. Party of the first part shall be responsiL- for and bear all osts and expenses of maintaining and repairing said Easement Area including, but not limited to, the paving, curbing, repaving, recurbing, draining and removal of snow therefrom. 2. Party of the second part agrees to indemnify, defend and hold the party of the first part harmless from and against any and all claims, losses, damages, liabilities, suits, cause of actions, or proceedings, including reasonable attorney's fees and court costs, arising out of or in connection with the use by party of the second part or the public of the Easement Area, except to the extent such claim, loss, damage, liability, suit, cause of action or proceeding shall arise by reason of the alleged negligence of party of the first parr: or use of the easement area by party of the first part's customers or invitees. 3. Said easement is granted to party of the second part for benefit of and use by the public in common with the agents, customers, invitees, employees, and guest of party of the first part. The parties covenant and agree to impose no restriction on or otherwise do or permit anything prohibiting or limiting in any way free and unrestricted use of the Easement Area for ingress to and eggress from the development of patty of the first part by the public or invitees, customers, employees, agents of party of the first part other than in the reasonable exercise of a maintenance or repair obligation hereunder.