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GRANT AND ACCEPTANCE OF LIMITED USE AGREEMENT
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<br />THIS LIMITED USE AGREEMENT (the "Agreement") is made as of November 1,
<br />2003, by and between the CITY OF MOUNDS VIEW, a Minnesota municipal corporation (the
<br />"City"), and JUDITH LANGNER (the "Resident").
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<br />RECITALS
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<br />A. The Resident is the owner of property located at 2337 Knoll Drive, legally described
<br />as follows:
<br />Lot 23, Block 14, Pinewood Terrace No. 5
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<br />B. The Resident desires to use a portion of City Property, which is a dedicated portion of
<br />Greenfield Park, for the purpose of using and maintaining a driveway designed to serve the
<br />Resident’s parcel. The legal description and drawing of the land to be used is attached as Exhibit A.
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<br />AGREEMENT
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<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 use and maintain the driveway
<br />within the area described in on Exhibit A.
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<br />2. Consideration. In consideration for the right to use and maintain the driveway, the
<br />Resident has paid to the City one dollar ($1.00) upon execution of this Agreement. Furthermore, the
<br />resident shall maintain the entire portion of the described area free from tall grass and noxious weed
<br />growth, as defined in Section 606.01 of the Mounds View Municipal Code.
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<br />3. Maintenance and Repair of Driveway. The Resident, the Resident’s successors,
<br />assigns or subsequent owners may use and maintain the driveway and shall be solely responsible for
<br />all maintenance and repair of the driveway. The City shall have no responsibility for the maintenance
<br />or repair of the driveway.
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<br />4. Indemnification. The resident hereby agrees to protect, defend and hold the City and
<br />its officers, elected and appointed officials, employees, administrators, commissioners, agents, and
<br />representatives harmless from and indemnified against any and all loss, cost, fines, charges, damage
<br />and expenses, including without limitation, reasonable attorneys’ fees, consultants’ and expert
<br />witness fees, and travel associated therewith, due to claims or demands of any kind whatsoever
<br />(including those based on strict liability) arising out of (i) the use of all or any part of the Property,
<br />including, without limitation, any claims for any lien imposed by law for services, labor or materials
<br />furnished to or for the benefit of the Property, or (ii) any claim by the State of Minnesota of the
<br />Minnesota Pollution Control Agency or any other person pertaining to the violation of any permits,
<br />orders, decrees, or demands made by said persons or with regard to the presence of any pollutant,
<br />contaminant or hazardous waste on the Property; and (iii) or by reason of the execution of this
<br />Agreement or the performance of this Agreement. The Resident, and the Resident’s successors or
<br />assigns, agree to protect, defend and save the City, and its officers, agents, and employees, harmless
<br />from all such claims, demands, damages, and causes of action and the costs, disbursements, and
<br />EXHIBIT A.
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