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,;a <br />� <br />� <br />AGREEI�'IENT <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 <br />Masterpiece Homes Inc. <br />RECITALS <br />WHEREAS, Masterpiece Homes Inc. premises, and adjacent property located at <br />2245, 2263 and 2275 County Road B West, in the City of Roseville (collectively referred to <br />as the "Premises"); <br />WHEREAS, sometime in the near future, Masterpiece Homes Inc. 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, Masterpiece Homes Inc. agrees to grant the City's fire and police <br />departments personnel access to and use of the Premises, for Training Exercises, so long as <br />the City agrees to defend, indemnify, and hold harmless the Masterpiece Homes Inc. with <br />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. Masterpiece Homes Inc. hereby grants the City access to <br />the Premises for Training Exercises. <br />2. Waiver of Trespass. Pursuant to the grant of access in the preceding <br />paragraph, Masterpiece Homes Inc. hereby waives its right to assert a trespass claim against <br />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 />Masterpiece Homes Inc. 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 Masterpiece Homes Inc. <br />from any liability, including reasonable attorney's fees, arising out of any claim of injury <br />from any person in connection with the City's access to and use of the Premises for the <br />Training Exercises. <br />85346 <br />