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Engineer. Otten shall provide a continuous access and a consistent grade for the Often Driveway
<br />at the connection with the City Driveway located within the Easement Premises.
<br />3. Maintenance and Repair. Offen shall be responsible for all costs associated with the
<br />construction, maintenance, improvement, repair or reconstruction of the Otten Driveway,
<br />including snow removal, and sweeping.
<br />4. Reasonable Use of Easement. The Easement Premises shall be used and enjoyed by
<br />each party and their Permittees (as hereinafter defined) in such a manner so as not to
<br />unreasonably interfere with, obstruct or delay the conduct and operations of the other party or its
<br />Permittees at any time conducted on the City Parcel or Otten Parcel, including, without
<br />limitation, public access to and from the City Parcel. The term "Permittees" shall mean the
<br />respective employees, agents, contractors, customers, invitees, occupants, tenants, and licensees
<br />of the City and Otten. Otten shall notify the City thirty (30) days prior to any construction,
<br />maintenance or repair of the Otten driveway, except in the case of an emergency, when
<br />reasonable notice is required. The City shall notify Otten thirty (30) days prior to any
<br />construction, maintenance or repair of the City Driveway, except in the case of an emergency,
<br />when reasonable notice is required.
<br />5. Compliance with Applicable Laws. Otten shall at all times comply with all applicable
<br />laws, ordinances, rules, regulations, and codes, federal, state, and local, whether now or hereafter
<br />promulgated or enacted. At no time shall the installation, operation, or maintenance of the
<br />driveway endanger or interfere with the safety of persons or property in the City.
<br />6. Indemnification. Otten shall indemnify and hold the City harmless from and against all
<br />liability, actions, claims, demands, costs, damages, or expense of any kind which may be brought
<br />or made against the City relating to accidents, injuries, loss, or damage to Otten, his Permittees,
<br />successors, or assigns on or about the Easement Premises. Such indemnity shall not apply to the
<br />extent of any loss or claim due to or arising from the negligent or wrongful acts or omissions of
<br />the City, its employees or agents.
<br />7. insurance.
<br />A. The City is a self-insured municipality. The liability of any claim within the
<br />scope of Minnesota Statutes, Section 466.01 to 466.15 is limited by dollar amounts for a single
<br />claimant and for all claims arising out of a single occurrence contained in Section 466.04 as
<br />amended from time to time.
<br />B. Throughout the term of this Agreement, Otten shall procure and maintain
<br />commercial public liability and property damage insurance against claims for personal injury
<br />(including contractual liability arising under the indemnity contained in Paragraph 6 above),
<br />death, or property damage occurring upon the Driveway Easements, with single limit coverage
<br />of not less than an aggregate of One Million Dollars ($1,000,000) including umbrella coverage,
<br />if any, written by one or more responsible insurance carriers licensed to do business in the state
<br />in which the parcel is located.
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