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2 <br />and other obstructions interfering with the location, construction and maintenance of <br />trail improvements in and upon the Easement Area; and <br />d.) to remove or otherwise dispose of all earth or other material excavated from the <br />Easement Area as the City may deem appropriate. <br />The City shall not be responsible for any costs, expenses, damages, demands, obligations, <br />penalties, attorneys' fees and losses resulting from any claims, actions, suits, or proceedings based <br />upon a release or threat of release of any hazardous substances, petroleum, pollutants, and <br />contaminants which may have existed on, or which relate to, the Easement Area or Landowner’s <br />Property prior to the date hereof. <br />Nothing contained herein shall be deemed a waiver by the City of any governmental <br />immunity defenses, statutory or otherwise. Further, any and all claims brought by Landowner, <br />themselves or their successors or assigns shall be subject to any governmental immunity defenses of <br />the City and the maximum liability limits provided by Minnesota Statute, Chapter 466. <br />The Landowner, for themselves and their successors and assigns, do hereby warrant to and <br />covenant with the City, its successors and assigns, that they are well seized in fee of the <br />Landowner’s Property described on Exhibit A and the Permanent Easement Area described and <br />depicted on Exhibit B and that they have good right to grant and convey the Permanent Easement <br />herein to the City. <br />The City shall indemnify, defend and hold harmless the Landowner from all claims brought <br />by third parties against Landowner arising from the City’s negligent exercise of its rights under this <br />Permanent Easement. <br />The Landowner is not responsible or obligated to maintain the trail improvements located <br />within the Permanent Easement Area on the Landowner’s Property. <br />This Permanent Trail Easement Agreement may be simultaneously executed in several <br />counterparts, each of which shall be an original and all of which shall constitute one and the same <br />instrument. <br />NON-ASSIGNABILITY. The City shall not assign any interest in this Agreement or <br />transfer any interest in the same without the prior written consent of Owner. <br />BINDING EFFECT. This Agreement and the terms, conditions and covenants contained <br />herein and the transaction contemplated hereunder shall be binding upon and inure to the benefit of <br />the parties hereto and their respective heirs, successors and assigns. This Agreement shall further be <br />binding on subsequent purchasers of the Real Property and shall run with the Real Property herein <br />described.