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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. MISCELLANEOUS. <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 v11 <br />-14- <br />133 <br />