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WHEREAS, one of the conditions set forth in the <br />resolution is that Mr. Martin execute an appropriate legal <br />document to be prepared by the City Attorney waiving any cause <br />of action he may have against the City of Falcon Heights as a <br />result of allowing construction of the dwelling, together with <br />an agreement holding harmless the City of Falcon Heights from any <br />causes of action that other property owners may have against the <br />City as a result of allowing construction of the dwelling, and <br />that Mr. Martin place of record the legal document referenced <br />so that said document will be a covenant running with the land <br />and binding upon future property owners of the described lot; <br />NOW TI3EREFORE, it is hereby agreed as follows: <br />1. Ruth H. Martin, Glenn O. Martin and Colleen L. <br />Martin, waive any action or cause of action they may now or <br />hereafter possess against the City of Falcon Heights as a result <br />of the City allowing or permitting the construction of a single <br />family dwelling on the described lot. <br />2. Ruth H. Martin, Glenn O. Martin and Colleen L. <br />Martin agree to hold harmless the City of Falcon F3eights from <br />any actions or causes of action that other property owners may <br />now have or hereafter possess against the City of Falcon Heights <br />as a result of the City allowing or permitting the construction <br />of a single family dwelling on the described lot. This agreement <br />shall include any costs of defense, expert witness fees or <br />attorney's fees incurred as a result of the commencement of any <br />action against the City. <br />-2- <br />