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Date: 12/18/06 <br />Item: 3.d <br />Agreements for <br />Fire & Police Training <br />AGREEMENT <br />This Agreement, made and entered into this li' day of December, 2006, by and <br />between the City of Roseville, a Minnesota municipal corporation (the "City"), and <br />Exceptional Homes. <br />RECITALS <br />WHEREAS, Knut Dahmahn premises, and adjacent property located at 1051 Shryer <br />Ave., in the City of Roseville (collectively referred to as the "Premises"); <br />WHEREAS, sometime in the near future, Knut Dahmahn intends to raze the <br />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, Knut Dahmahn agrees to grant the City's fire and police departments <br />personnel access to and use of the Premises, for Training Exercises, so long as the City <br />agrees to defend, indemnify, and hold harmless Knut Dahmahn with regard to all activities <br />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. Knut Dahmahn hereby grants the City access to the <br />Premises for Training Exercises. <br />2. Waiver of Trespass. Pursuant to the grant of access in the preceding <br />paragraph, Knut Dahmahn hereby waives its right to assert a trespass claim against the City <br />for its acc�ss,to and use of tk�e Premises for the Training Exercises. <br />3. Indemnification. The City agrees to defend, indemnify and hold harmless <br />Knut Dahmahn from any claims or liability, involving reasonable attorney's fees, whether <br />known or unlcnown, whether foreseeable or unforeseeable, arising out of the access to and <br />use of the Premises for the Training Exercises. <br />The City agrees to defend, indemnify and hold harmless Knut Dahmahn from any <br />liability, including reasonable attorney's fees, arising out of any claim of injury from any <br />person in connection with the City's access to and use of the Premises for the Training <br />Exercises. <br />4. Re�air of Knut Dahmahn Premises, The City agrees to repair any damage to <br />the Knut Dahmahn or personal properly, excluding any damage to the interior a�dlor exterior <br />���a� <br />