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DRAFT <br />4 <br />225037v3 <br /> <br />and agents, against any and all claims, demands, losses, damages, and expenses (including <br />reasonable attorneys’ fees) arising out of or resulting from the negligent or intentional acts, or any <br />violation of any safety law, regulation, or code by Owner or Owner’s employees, contractors, or <br />agents, 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 Owner to comply <br />with any conditions of this Agreement, performs said conditions pursuant to its authority in this <br />Agreement, Owner shall indemnify and hold harmless the City, its officials, employees, <br />contractors, and agents for its own negligent acts in the performance of Owner’s required work <br />under this Agreement. <br /> <br />8. Notices. 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 /> <br />To Owner: SF Real Estate LLC <br /> STREET <br /> CITY/STATE/ZIP <br /> <br /> To the City: City of Orono <br /> 2750 Kelley Parkway <br /> Orono, MN 55356 <br /> Attn: City Administrator <br /> <br />All notices given hereunder shall be deemed given when personally delivered or two business days <br />after being placed in the mail properly addressed as provided in this Agreement. <br /> <br />9. Successors/Covenants Run with Property. All duties and obligations of Owner <br />under this Agreement shall also be duties and obligations of Owner’s successors and assigns. The <br />terms and conditions of this Agreement shall run with the Property. Owner shall file this Agreement <br />of record in the Office of the Hennepin County Registrar of Titles, and provide the City with a copy <br />of the Agreement with recording information included. <br /> <br />10. Release of Prior Agreement. Upon recording of this Agreement, that certain <br />Stormwater Facility Maintenance Agreement dated September 30, 1997 (Document No. 2868641) <br />is released and shall no longer be of any effect as related to the Property. <br /> <br />11. Incorporation of Recitals and Exhibits. The Recitals that are at the beginning of <br />this Agreement, and the Exhibits that are attached to this Agreement, and each true and correct. Each <br />Recital and Exhibit is incorporated into and made part of this Agreement. <br /> <br /> <br />[Signature pages follow] <br /> <br />146