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AGREEMENT This Agreement, made and entered into this ��' day of December, 2006, by and between the City of Roseville, a Minnesota municipal corporation (the "City"), and Tom Biggs>>> ?�� i�5 �,.� `�i �'+T`-`�. - �`� �,�, `� RECITALS WHEREAS, Tom Biggs premises, and adjacent property located at 3088 W. Ur�asso in the City of Roseville (collectively referred to as the "Premises"); WHEREAS, sometime in the near future, Tom Biggs intends to raze the structure; WHEREAS, the City wishes to access the Premises, to conduct training exercises for its fire and police departments personnel("Training Exercises"); WHEREAS, Tom Biggs agrees to grant the City's fire and police departments personnel access to and use of the Premises, for Training Exercises, so long as the City agrees to defend, indemnify, and hold harmless Tom Biggs with regard to all activities related to the Training Exercises on the Premises. NOW, THEREFORE, in consideration of the above recitals, it is hereby agreed as follows: 1. Access to Premises. Tom Biggs hereby grants the City access to the Premises for Training Exercises. 2. Waiver of Tres�ass. Pursuant to the grant of access in the preceding paragraph, Tom Biggs waives his right to assert a trespass claim against the City for its access to and use of the Premises for the Training Exercises. 3. Indemnification. The City agrees to defend, indemnify and hold harmless Tom Biggs from any claims or liability, involving reasonable attorney's fees, whether lcnown or unlcnown, whether foreseeable or unforeseeable, arising out of the access to and use of the Premises for the Training Exercises. The City agrees to defend, indemnify and hold harmless Tom Biggs from any liability, including reasonable attorney's fees, arising out of any claim of injury from any person in connection with the City's access to and use of the Premises for the Training Exercises. 4. Tom Bi��s Premises, The City agrees to repair any damage to the Tom Biggs Premises or personal property, excluding any damage to the interior and/or exterior of the house, caused by the City's access to and use of the Premises for the Training Exercises.