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7. In the event that Landowner fails to take any action required in this Agreement and <br />the City is required to repair, reconstruct or take other actions to maintain the City's utilities, as a <br />result of the Landowner's use and maintenance of the Shed, the City may take any and all actions <br />permitted by law to collect the costs of those repairs and the City may further levy an assessment <br />against the Property for all costs incurred by the City. Landowner waives any and all rights to <br />challenge or appeal the assessment. <br />8. Landowner and his/her successors and assigns do hereby agree to defend, <br />indemnify, 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 from granting the Landowner permission to <br />encroach on the Easements for the maintenance, use, and operation of the Shed, including third <br />party claims against flooding issues that may occur due to filling within the drainage easement. <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: Jo Thieling, City Clerk <br />City of Ramsey <br />7550 Sunwood Drive NW <br />Ramsey, MN 55303 <br />TO LANDOWNER: <br />Alan and Susan Gustafson <br />15261 Barium Street NW <br />Ramsey, MN 55303 <br />or to any successors or assigns of the Landowner or City, or any future address of the Landowner <br />or City, if Landowner or City gives the other party notice of said change of address as provided <br />pursuant to the provision for notice herein. <br />10. This Agreement shall be recorded against the title to the Property. <br />3 <br />