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Date: 04/24/06 <br />Item: 3.1 <br />Live-Burn <br />Training Contract <br />AGREEMENT <br />This Agreement, made and entered into this 1?"'' day of April, 2006, by and between <br />the City of Roseville, a Minnesota municipal corporation (the "City"), and Exceptional <br />Homes. <br />RECITALS <br />WHEREAS, Exceptional Homes Remodeling premises, and adjacent property <br />located at 2291 County Rd. B., in the City of Roseville (collectively referred to as the <br />"Premises"); <br />WHEREAS, sometime in the near future, Exceptional Homes Remodeling intends to <br />raze the structures; <br />WHEREAS, the City wishes to access the Premises, to conduct training exercises for <br />its fire and police departments personnel ("Training Exercises "); <br />WHEREAS, Exceptional Homes Remodeling agrees to grant the City's fire and <br />police departments personnel access to and use of the Premises, for Training Exercises, so <br />long as the City agrees to defend, indemnify, and hold harmless Exceptional Homes <br />Remodeling with regard to all activities related to the Training Exercises on the Premises. <br />NOW, THEREFORE, in consideration of the above recitals, it is hereby agreed as <br />follows: <br />1. Access to Premises. Exceptional Homes Remodeling hereby grants the City <br />access to the Premises for Training Exercises. <br />2. Waiver of Tres�ass. Pursuant to the grant of access in the preceding <br />paragraph, Exceptional Homes Remodeling hereby waives its right to assert a trespass claim <br />against the City for its access to and use of the Premises for the Training Exercises. <br />3. Indemnification. The City agrees to defend, indemnify and hold harmless <br />Exceptional Homes from any claims or liability, involving reasonable attorney's fees, <br />whether known or unknown, whether foreseeable or unforeseeable, arising out of the access <br />to and use of the Premises for the Training Exercises. <br />The City agrees to defend, indemnify and hold harmless Exceptional Homes <br />Remodeling from any liability, including reasonable attorney's fees, arising out of any claim <br />of injury from any person in connection with the City's access to and use of the Premises for <br />the Training Exercises. <br />r,S��t� <br />