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t <br /> f <br /> 6. Landowner further agrees that if the City, during its normal construction, <br /> reconstruction, maintenance and/or repair of its public utilities located within the Easements <br /> deems it necessary and expedient to excavate within the Easements, and which excavation <br /> affects the Improvement,that Landowner shall be responsible for reconstructing and/or repairing <br /> the Improvement and the City's only obligation shall be to fill the excavated area and level the <br /> same to the grade that it was prior to the City's excavation. <br /> 7. In the event Landowner fails to take any action required in this Agreement and the <br /> City is required to repair, reconstruct or take other actions to maintain the City's utilities, as a <br /> result of the Landowner's actions in making the Improvement, and the City incurs any cost,the <br /> Landowner agrees that if Landowner fails to pay the City,that the City may take any and all <br /> actions permitted by law to collect the same and the City may further levy an assessment against <br /> the Property for all costs incurred by the City. <br /> 8. Landowner and its successors and assigns do hereby agree to defend, indemnify, <br /> and hold the City harmless from any and all costs and expenses, all claims and liability, <br /> including attorney's fees, relating to or arising out of the grant of the Landowner of permission <br /> to encroach on the Easements for the construction, maintenance,use, and operation of the <br /> Improvement. <br /> 9. All notices,requests, demands and other communications hereunder shall be in <br /> writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt <br /> requested,to the following: <br /> TO CITY: City Administrator <br /> City of Ramsey <br /> 7550 Sunwood Drive NW <br /> Ramsey, MN 55303 <br /> TO LANDOWNER: Sophia-Ramsey, L.L.C. <br /> 12300 Singletree Ln Ste 200 <br /> Eden Prairie, MN 55344 <br /> 94451 <br />