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1.Owner and their successors in title may install and maintain a sport court and concrete <br />within the Easement, and the sport court and concrete shall be constructed in accordance with the <br />plans on file with the City of Hugo. <br />2.No plantings, trees, permanent improvements or structures other than the sport court <br />and concrete may be maintained or placed in the easement area. <br />3.Owner shall maintain the sport court and concrete in good repair and shall not permit <br />it to be expanded, lengthened or to impair the City’s easement or its rights thereunder in any respect. <br />4.The encroachment granted to Owner herein is subject to the existing easement rights <br />of the City as granted in various easements. <br />5.The City will notify Owner if it requires removal or relocation of the sport court <br />and/or concrete or any part of it. Thereafter, Owner shall remove the sport court and/or concrete <br />according to the direction of the City and if Owner fails to do so, the City may enter upon the land <br />and remove as much of the sport court and/or concrete as required and cast it upon the adjoining <br />lands. In such an event, the City shall not be liable to Owner for any costs, loss or damage <br />whatsoever, and may assess the property for all of its costs incurred in removing the sport court <br />and/or concrete, and Owner waive all formalities, requirements and defenses arising from or relating <br />to Minnesota Statutes Section 429 relating to or arising from the work done by the City. <br />6.To the fullest extent permitted by law, Owner agrees to release, defend, protect, <br />indemnify, save and hold harmless the City, its agents, directors, employees, shareholders and <br />contractors against any and all claims, costs and liabilities, including the costs of defense for <br />damages, injury or death arising from or in any way connected to the installation, maintenance, <br />repair, removal and/or presence of the sport court and/or concrete, regardless of whether such harm <br />is to Owner, the City, the employees or officers, guests or invitees of either or any other person or <br />entity, except Owner shall not be liable under this paragraph for loss or damage to the extent <br />resulting from the negligence of the indemnified parties.