01-11-1999 Council Packet - Laserfiche WebLink

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.*• t 3. ^ ISnv^.w^Y Plan^ Within 30 days after Rebers decides to commence construction of the’" Dnvcway pursuant to the Pennit (as defined in Secuon 4 below), Rebers shall deliver to Ottea for approval plans and specifications for construction of the Driveu'ay and any changes to the intersection of U.S. Highway 12 and Brimhall Avenue that the Minnesota Department of Tra^portatioti (-DOT**) may require (the “Plans'^, which approval Otten shall not unreasonablv wittihold or delay. Rebers will pay all costs related to the Plans. 4. DOT Pennit. Within 60 days after the date hereof, Rebers shaU obtain from the DOT and all other relevant government entities all permits, approvals and consents necessary to permit the constmction and use of the Drivevvay (coUectively rcfeixcd to as the “Pennit”) which shaU be Pemh ° Rebers. Rebers will pay aU costs related to obtaining and renewing the .Constnicdon of Driveway. After the Permit has been issued and recorded, Rebers may construct the Common Drivev,*ay. Rebers will pay aU costs related to the initial construction of the Dnveway, and hereby indemnifies and agrees to hold Otten harmless against all claims, dec^ds, loss, damages, liabilities and expenses and all suits, actions and judgments (including, without limitation, attorneys* fees and mechanic’s lien claims) arising out of or in any way related to the construction of the Driveway, other than those arising from Otten’s negligence or willful misconduct . . Maintcnancc_^nd Repair of Driveway. Rebers shall be responsible for maintaining and repairing the Driveway, including repaving and removing snow, ice, leaves, debris and obstructior^. For so long as Onen does not use the Driveway, Rebers shall pay all costs related to such maintenance and repairs of the Driveway (the “Maintenance Costs”), but as of Otten’s wmmenceinent of use of the Driveway, Otten shall, promptly after receipt of an itemized invoice therefore, reimburse Rebers for one-half of the Maintenance Costs incurred. If the Driveway is currently in use by both Rebers and Otten, and either party oi its family member, invitee, contractor or agent negligently or willfully damages the Driveway, then such party shall bear the entire expense of repairing such damage. Insurance. IndgmnificaTion. l^ch of Rebers and Otten hereby indemnifies and agrees to *” hold the other harmless against all claims, demands, losses, damages, liabilities, expenses, suits, actions and judgments (including, without limitation, attorneys* fees) arising out of or in any way related to the negligence of such party or any breach of this Agreement by such party. Rebers shall obtain and maintain in full force at all times during the Term liability insurance in an amount not less than SI million, insuring against claims related to this Agreement and the Driveway. Upon Otten’s commencement of use of the Driveway. Ottea shall obtain and maintain d^g the Term liability insurance in an amount not less than 5500,000. insuring against claims related to this Agreement and the Driveway. 8. Honsss. Any notice given under this Agreement must be in writing and delivered personally or by United States certified mail, return receipt requested, postage prepaid, addressed as follows: ijjimoi