06-27-2001 Additions - Laserfiche WebLink

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Jun 27 01 OS:07p Sweeney 6512235289 p.4 and the creation of the basin necessary for said pond. It is understood and agreed that a portion of a drain tile system that currently exists on the Schmidt property will be removed as a result of the digging of the excavation. 3. ACCESS. Schmidt, Sprosty and Kerr shall provide access to Little Canada to their respective properties, to allow for the creation of the hole as described in paragraph 2 herein. This right of access shall include the right of ingress and egress with all machinery, equipment and materials necessary for the aforesaid purposes for Little Canada or their employees, agents, contractors and consultants. 4. COSTS. Little Canada shall bear the cost of moving the dirt and excavating the pond as described in paragraph 2 herein. Schmidt, Sprosty and Kerr shall bear any and all other costs, whether foreseen or unforeseen, relative to the creation of the pond. Specifically, the costs to be born by Schmidt, Sprosty and Kerr shall include, but are not limited to, the following: any costs associated with future compliance with government or watershed regulations relative to the pond; any costs associated with turf establishment and landscaping around the pond; any other costs associated with maintenance of the pond; and any costs associated with any future alterations to the pond or any drainage system. 5. INDEMNIFICATION. Schmidt, Sprosty and Kerr, jointly and individually, covenant and agree to indemnify, defend and hold Little Canada harmless from and against any and all claims, costs, damages, expenses and/or liability of any kind (including reasonable attorneys' fees) arising from, or as a result of Little Canada's presence on the property or involvement with this improvement. 6. RELEASE. Schmidt, Sprosty and Kerr, jointly and individually, release Little Canada from any and all causes of action, claims, suits, damages, judgments, levies and executions, whether known or unknown, liquidated or unliquidated, fixed, contingent, direct or indirect, which they ever had, have or claim to have against Little Canada relating to or arising out of past actions or inactions of Little Canada relative to their property and/or Little Canada's excavation of the pond as described in paragraph 2 herein. 7. ENTIRE AGREEMENT / REOUIREMENT OF A WRITING. It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreement and all negotiations between the parties relating to the subject platter hereof. Any alterations, variations, or modifications of the provisions of the Agreement shall be valid only when they have been reduced to writing and duly signed by the parties. PAGE 14