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there from the Stormwater Facilities. The Landowner expressly agrees to defend and hold the City
<br /> harmless from any such third-party claim.
<br /> 5. Grant of Easement. Landowner hereby grants to the City, its successors and
<br /> assigns, a permanent non-exclusive easement for the purpose of accessing and maintaining the
<br /> Stormwater Facilities pursuant to the terms of this Agreement over, on, across, under and through
<br /> the Easement Area. The easement shall include the rights, but not the obligation, of the City, its
<br /> contractors, agents, servants, and assigns, to enter upon the Easement to construct, reconstruct,
<br /> inspect, repair, and maintain said private Stormwater Facilities together with the right to grade,
<br /> level, fill, drain, pave, and excavate the Easement Area, and the further right to remove trees,
<br /> bushes, undergrowth, and other obstructions interfering with the location, construction, and
<br /> maintenance of said private Stormwater Facilities systems.
<br /> 6. Reimbursement of Costs. The Landowner agrees to reimburse the City for all
<br /> costs incurred by the City in the enforcement of this Agreement, or any portion thereof, including
<br /> court costs and reasonable attorneys' fees.
<br /> 7. Indemnification. This Agreement imposes no liability of any kind whatsoever on
<br /> the City. The Landowner hereby agrees to indemnify and hold harmless the City and its agents
<br /> and employees against any and all claims, demands, losses, damages, and expenses (including
<br /> reasonable attorneys' fees) arising out of or resulting from the Landowner or the Landowner's
<br /> agents or employee's negligent or intentional acts, or any violation of any safety law, regulation or
<br /> code in the performance of this Agreement, without regard to any inspection or review made or
<br /> not made by the City, its agents or employees or failure by the City, its agents or employees to
<br /> take any other prudent precautions. In the event the City, upon the failure of the Landowner to
<br /> comply with any conditions of this Agreement, performs said conditions pursuant to its authority
<br /> in this Agreement, the Landowner shall indemnify and hold harmless the City, its employees,
<br /> agents and representatives for its own negligent acts in the performance of the Landowner's
<br /> required work under this Agreement, but this indemnification shall not extend to intentional or
<br /> grossly negligent acts.
<br /> 8. Notice. All notices required under this Agreement shall either be personally
<br /> delivered or be sent by certified or registered mail and addressed as follows:
<br /> To the Landowner: William M. Dunkley and Susan K. Dunkley
<br /> 3405 Annapolis Lane North,#100
<br /> Plymouth, Minnesota 55447
<br /> To the City: City of Orono
<br /> 2750 Kelley Parkway(physical address)
<br /> Orono, Minnesota 55356
<br /> Attn: City Administrator
<br /> P.O. Box 66 (mailing address)
<br /> Crystal Bay, Minnesota 55323
<br /> Attn: City Administrator
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