Agenda Packets - 2007/09/24 - Laserfiche WebLink

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273913v3 SJR MU205-30 3 5. Grant of Trails Easement. The City hereby grants, bargains, sells and conveys to the present and any future owner of the Medtronic Property, its employees, invitees, agents, tenants and guests, a perpetual easement for the purpose of ingress and egress of pedestrian traffic, extending over, upon and across the Triangle Parcel for the purposes of accessing any trail system that exists now, or in the future, on the Triangle Parcel as contemplated in the Development Agreement (the “Trail Access Easement”). 6. Indemnification. Medtronic shall at all times indemnify and hold harmless the City from any and all claims for damages, including costs and attorney fees, arising from or by reason of the Fire Road Easement, the Fountain and Holding Pond Easement, the Billboard Access Easement, the Trail Access Easement, the design, construction, maintenance and use of the Fire Road, the Fountain and Holding Pond, and/or Medtronic’s access to the Billboards. Nothing in this Agreement shall be construed as a waiver by the City of any immunities, defenses, or other limitations on liability to which the City is entitled by law, including but not limited to the maximum monetary limits on liability established by Minnesota Statutes, Section 466.04. 7. Covenants Running with the Land; Successors and Assigns. The terms of this Agreement shall constitute covenants running with the land and shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. This Agreement is not intended to supersede, modify, amend or otherwise change the provisions of any prior instrument affecting the land. [Remainder of page left intentionally blank. Signature pages to follow]