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as a result of the Landowner's use and maintenance of the Overhangs, the City may take any and <br />all actions permitted by law to collect the costs of those repairs and the City may further levy an <br />assessment against the Properties for all costs incurred by the City. Landowner waives any and <br />all rights to challenge or appeal the assessment. <br />7. 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 <br />liability, including attorney's fees, relating to or arising from granting the Landowner permission <br />to encroach on the Easements for the maintenance, use, and operation of the Overhangs, <br />including third party claims against flooding issues that may occur due to filling within the <br />drainage easement. <br />8. 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: Colleen Lasher, City Clerk <br />City of Ramsey <br />7550 Sunwood Drive NW <br />Ramsey, MN 55303 <br />TO LANDOWNER: <br />Preserve at Northfork, LLC <br />11803 Porter Drive <br />Champlin, MN 55316 <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 />9. This Agreement shall be recorded against the title to each of the Properties. <br />3 <br />