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G <br /> /° )Wl-LAGS G�� z- A-r Left -- `o -12` <br /> I. 'Developer shall grant the City an easement for a trail adjacent to Wayzata <br /> Boulevard in a location agreed upon between the parties. Developer shall supply the City with a <br /> cost estimate for the trail and shall install, at Developer's cost, an eight (8) foot wide bituminous <br /> trail within the easement built to City specifications. The trail shall be installed at a mutually <br /> agreeable time. Upon completion of the trail and the City's receipt of the trail easement <br /> documentation, the Developer shall be entitled to reimbursement in the amount of the trail <br /> construction costs as agreed upon between the parties prior to construction of the trail. <br /> J. Within one hundred twenty (120) days after the completion of the Public <br /> Improvements and before the remaining security is released, the Developer shall provide the City <br /> with permanent utility easements for any Public Improvement not within the platted easements. <br /> The permanent utiltity easements shall be in form acceptable to the City. <br /> 21. NUSCELLANEOUS. <br /> A. The Developer shall indemnify and hold the City and its officers, <br /> employees, and agents harmless from claims made by it and third parties for damages sustained <br /> or costs incurred resulting from Plat approval and development, except for any costs or damages <br /> resulting from the negligence or willful misconduct of the City, its officers, employees and <br /> agents. The City shall indemnify and hold the Developer and its officers, employees, and agents <br /> harmless from claims made by it and third parties for damages sustained or costs incurred <br /> resulting from Plat approval and development, except for any costs or damages resulting from <br /> the negligence or willful misconduct of the Developer, its officers, employees and agents. <br /> B. The Developer shall reimburse the City for costs incurred by the City in <br /> the enforcement of this Agreement against the Developer, including reasonable engineering and <br /> reasonable attorneys' fees. <br /> 132281 v1 <br /> - 14- <br />