Agenda - Council - 01/14/2003 - Laserfiche WebLink

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3.2 The City shall be obligated to maintain the Pathway and Easement Area in good condition and repair, and all cost and expense of repairing and/or replacing the Pathway, the maintenance thereof, including removal of snow and ice therefrom as such removal is deemed necessary by the City, and maintenance of the Easement Area (exclusive of grass mowing), shall be borne solely by the City. In making all such repairs, and maintenance or improvements hereunder, the City shall not create any unreasonable interference with the Owner's use of the Parcel, including interruption of pedestrian or vehicular access thereto. 3.3 The City acknowledges that the Easement Area encumbrance does not and will not in the future affect the Owner or their successors or assigns' further development of the Parcel. Indemnification. The City shall and does hereby indemnify, defend and hold harmless the Owner(s), their heirs, administrators, successors and assigns, from and against any and all claims, costs, expenses and liability, including attorneys fees and costs of suit in connection with all claims, including any action or proceedings arising from or as a result of the death of, or any accident, injury, loss or damage whatsoever caused to, any persons or entity, or to the property of any person or entity, occurring on or arising from use of the Pathway or Easement Area. I I i' .I 1 I I In Witness Whereof, the parties hereto have caused this Easement Agreement to be duly executed as of the date and year first above writ'ten. NORTH SUBURBAN MANAGEMENT, LLC: By: Its: I I By: Its: State of Minnesota ) ) SS. County of ) The Foregoing instrument was acknoWledgedlbef0re me this ~ day of December, 2002, by and .. ,.respectiVely the and , of North Suburban Management, LLC, a limited liability corporatiOn organized t~nder the laws of the State of Minnesota,. on behalf of the corporation I I I I -90- Page 2 of 3