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AGREEMENT <br />This Agreement, made and entered into this day of , 2002, by and <br />between the City of Roseville, a Minnesota municipal corporation (the "City"), and The <br />Evangelical Lutheran Good Samaritan Society (the "Society"). <br />RECITALS <br />WHEREAS, the Society's premises, and adjacent property located to the White <br />House Good Samaritan Center, located at 563 County Road B West, in the City of Roseville <br />(collectively referred to as the "Premises"); <br />WHEREAS, sometime in the near future, the Society intends to raze the White <br />House Good Samaritan Center; <br />WHEREAS, the City wishes to access the Premises, including the White House <br />Good Samaritan Center, to conduct training exercises for its fire and police departments <br />personnel ("Training Exercises"); <br />WHEREAS, the Society agrees to grant the City's fire and police departments <br />personnel access to and use of the Premises, primarily the White House Good Samaritan <br />Center, for Training Exercises, so long as the City agrees to defend, indemnify, and hold <br />harmless the Society with regard to a11 activities related to the Training Exercises on the <br />Premises. <br />NOW, THEREFORE, in consideration of the above recitals, it is hereby agreed as <br />follows: <br />1. Access to Premises. The Society hereby grants the City access to the Premises <br />for Training Exercises. <br />2. Waiver of Trespass. Pursuant to the grant of access in the preceding <br />paragraph, the Society hereby waives its right to assert a trespass claim against the City for <br />its access to and use of the Premises for the Training Exercises. <br />3. Indemnification. The City agrees to defend, indemnify and hold harmless the <br />Society from any claims or liability, involving reasonable attorney's fees, whether known or <br />unknown, whether foreseeable or unforeseeable, arising out of the access to and use of the <br />Premises for the Training Exercises. <br />The City agrees to defend, indemnify and hold harnlless the Society 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 />85346 <br />