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GRANT AND ACCEPTANCE OF LIMITED USE AGREEMENT <br /> THIS LIMITED USE AGREEMENT (the "Agreement") is made as of <br /> 1996, by and between the CITY OF MOUNDS VIEW, a Minnesota municipal corporation (the <br /> "City"), and BENJAMIN T. DOLL (the "Resident"). <br /> RECITALS <br /> A. The Resident is s the owner of property legally described on the attached Exhibit <br /> B (the "Parcel"). <br /> B. The Resident desires to use a portion of Greenwood Drive, which is a dedicated <br /> and unimproved City street, for the purpose of constructing, using, and maintaining a driveway <br /> designed to serve the Parcel. A drawing of the location of the driveway is attached as Exhibit <br /> A. <br /> AGREEMENT <br /> • <br /> 1. Offer and Acceptance of Agreement. Subject to the terms and conditions of this <br /> Agreement, the City and the Resident agree that the Resident may construct and maintain the <br /> driveway depicted on Exhibit A. . <br /> 2. Consideration. In consideration for the right to construct and maintain the <br /> driveway, the Resident has.paid to the City one dollar($1.00) upon execution of this Agreement. <br /> 3. Construction, Maintenance, and Repair of Driveway. The Resident shall <br /> construct the Driveway and shall be solely responsible for all maintenance and repair of the <br /> driveway, including removal of snow and ice. The City shall have no responsibility for the <br /> maintenance or repair of the driveway. <br /> 4. Indemnification. The Resident shall at all times indemnify and hold harmless the <br /> City from any and all claims for damages, including costs and attorney fees, arising from or by <br /> reason of the design, construction, maintenance, use, and removal of the Project; provided, <br /> however, that nothing in this Agreement shall be construed to waive any rights that the City has <br /> against the Resident under this Agreement. Nothing in this Agreement shall be construed as a <br /> waiver by the City of any immunities, defenses, or other limitations on liability to which the City <br /> is entitled by law, including but not limited to the maximum monetary limits on liability <br /> established by Minnesota Statutes, Section 466.04. <br /> 4. Termination. The City or the Resident may terminate this agreement at any time <br /> for any reason, or for no reason at all, by providing 30 days written notice to the other party. <br /> Upon termination of this Agreement, the Resident shall remove the driveway and return the <br /> property to the condition it was in prior to construction of the driveway at the Resident's sole <br /> cost. <br /> DJG109031 <br />