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I. Developer sh�ll grant the Cify an easement for a trail adjacent to �ayzata <br /> Boulevard in a location agreed upon between the parties. Developer shall supply the City with a <br /> cost es�imate for the trail and shall install, at Developer's cost, an eight (8} foot wide bitu.minous <br /> trail within the eassment built to City specifications. The frail sha11 be iinstalled at a mutually <br /> agreeable time. Upon completion of �lie trail and the City's receipt of the trail easement <br /> documentation, the Developer shall be entifiled to reimbursemen# in fhe amount of the trail <br /> constnzction costs as agreed upon between the parties prior to constructian of the trail. <br /> J. � Witlun one hundred twenty (120) days after the cample�ion of the Public <br /> Txnprovements and before the remaining security is released, the Developer shall provide t1�e City <br /> with permanent utility easemenfs for any Public Improvement not within the platted easements. <br /> The permanent u�iltity easements shall be in form acceptable to the City. <br /> 21. MISCELLANEOUS. <br /> A. The Deveioper sha.11 indemnify and.hold the Cify and its officers, <br /> employees, and agents hazmless from claims made by it and third parties for damages sustained <br /> or costs incunred resulnng from Plat approval and development, except for any costs or damages <br /> resulfiing from the negligence or willful misconduct of the City, its officers, employees and <br /> agents. The City shali indemnify and hold the Developer and its officers, ernployees, and agents <br /> harmless from claims made by it and third parties �or damages sustained or costs incurred <br /> resulting from Plat approval and development, except for any costs or damages resulting from <br /> fihe negligence or willfiil miscflnduct of the Developer,its officers, employees and agents. <br /> B. The Developer shall reiunburse the City for costs incurred by the City in <br /> the enforcement of fihis Agreement against the Developer, including reasonable engineering and <br /> reasanable attorneys' fees. � , � <br /> � RE�����D <br /> 13228T vll ' -t�� JUN 21 2011 <br /> - 14- ;ii_rt' - <br /> '.'�� r <br /> . , CIl'lf a�ORONO <br />