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where Developer Improvements lying within public drainage and utility easements on the <br />Development Property impair public safety. <br />11. RECIPRICAL EASEMENT, OPERATION AND MAINTENANCE AGREEMENT. <br />The Developer shall provide to the City, for its approval, a copy of any required Reciprocal <br />Easement Agreement and Operation and Maintenance Agreements for each phase of the <br />development property where such agreements are necessary. Such agreement shall at a minimum <br />provide for; 1) maintenance of private improvements (i.e., lighting, utilities, snow removal); 2) <br />Provisions for implementation of Surface Water Runoff Best Management Practices (BMP)'s; <br />and 3) Provisions for maintaining Open Space and Infiltration Areas. <br />12. REIMBURSEMENT OF COSTS. The Developer agrees to establish a non - interest bearing <br />escrow account with the City in an amount determined by the City Administrator or his designee for <br />the payment of all costs incurred by the City related to the development of the plat and the <br />Developer Improvements as specified in Schedule C. <br />13. INDEMNITY AND REIMBURSEMENT OF COSTS FOR DEFENSE. The Developer <br />shall hold the City and its officers, employees, and agents harmless from claims made by itself <br />and third parties for damages sustained or costs incurred resulting from subdivision or plat <br />approval and from development of the Development Property. The Developer shall indemnify <br />the City and its officers, employees, and agents for all costs, damages, or expenses which the <br />City may pay or incur in consequence of such claims, including attorneys' fees. Furthermore, the <br />Developer agrees to reimburse the City for all costs incurred by the City in defense of <br />enforcement of this contract, or any portion thereof, including court costs and reasonable <br />engineering and attorneys' fees if the City prevails in such action. Notwithstanding the above, <br />Developer shall have no obligation to indemnify nor hold the City and its officers, employees and <br />agents harmless from claims made by third parties for damages sustained or incurred resulting <br />from the negligence or willful acts of the City, its officers, employees or agents, other than <br />approval of the Development Property and related development plans. <br />Legacy at Woods Edge Agreement 7 <br />12/17/04 <br />