|
5. COSTS.
<br />Little Canada shall bear the cost of moving the dirt and excavating the swale as described in
<br />paragraph 2 herein. Schmidt, Sprosty and Kerr shall bear any and all costs, whether foreseen or
<br />unforeseen, relative to the creation of the swale. Specifically, the costs to be born by Schmidt, Sprosty and
<br />Kerr shall include, but are not limited to, the following: any costs associated with future compliance with
<br />government or watershed regulations relative to the swale; any costs associated with turf establishment and
<br />landscaping around the swale; any other costs associated with maintenance of the swale; and any costs
<br />associated with any future alterations to the swale or any drainage system.
<br />6. INDEMNIFICATION.
<br />Schmidt, Sprosty and Kerr, and all of their respective successors and assigns, jointly and
<br />individually, covenant and agree to indemnify, defend and hold Little Canada harmless from and against
<br />any and all claims, costs, damages, expenses and /or liability of any kind (including reasonable attorneys'
<br />fees) arising from, or as a result of, Little Canada's presence on, or involvement with, the real property
<br />identified in Exhibits A, B, and C, including any and all claims for damages related to flooding, water,
<br />infiltration, and drainage.
<br />7. RELEASE.
<br />Schmidt, Sprosty and Kerr, and all of their respective successors and assigns, jointly and
<br />individually, release Little Canada from any and all causes of action, claims, suits, damages, judgments,
<br />levies and executions, whether known or unknown, liquidated or unliquidated, fixed, contingent, direct or
<br />indirect, which they ever had, have or claim to have against Little Canada relating to or arising out of past
<br />actions or inactions of Little Canada relative to their property and /or Little Canada's excavation of the
<br />swale as described in paragraph 2 herein.
<br />8. LOT 4
<br />Little Canada hereby provides that Lot 4, as described on Exhibit B and owned by Sprosty, is an
<br />existing lot of record and the existence of said swale will not prohibit a single family structure from being
<br />built on the lot, subject to the new structure's compliance with Little Canada zoning regulations.
<br />9. ENTIRE AGREEMENT/REQUIREMENT OF A WRITING.
<br />It is understood and agreed that the entire agreement of the parties is contained herein and that this
<br />Agreement supersedes all oral agreement and all negotiations between the parties relating to the subject
<br />matter hereof. Any alterations, variations, or modifications of the provisions of the Agreement shall be
<br />valid only when they have been reduced to writing and duly signed by the parties.
<br />10. GOVERNING LAW.
<br />This Agreement shall be constructed, interpreted and enforced under the laws of the State of
<br />Minnesota.
<br />3
<br />4-
<br />
|