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HomeMy WebLinkAboutA024 - Indemnification and Hold Harmless dated January 11, 2000 INDEMNIFICATION AND HOLD HARMLESS THIS AGREEMENT is made and entered into on this I day of TCk- 1 by and between Stage Coach Stables, L.C. ("Indemnor"), and the City of Ames, Iowa ("Indemnee"). WITNESSETH: WHEREAS, the Indemnor is the owner of real property legally described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Indemnor has granted to the Indemnee an easement for storm sewer and an easement for overland flowage which agreements were dated the I ► ' day of jots-)VLLr�, ;^Jpa; and WHEREAS, the Indemnee is desirous of being indemnified and held harmless by Indemnor from any damage which may occur to the property of Indemnee as a result of the grant of said easements and the drainage through the easement areas. NOW, THEREFORE, for the consideration of the sum of$1.00 and other valuable consideration, receipt of which is hereby acknowledged by Indemnor, Indemnor hereby covenants and agrees to defend, hold harmless and unconditionally indemnify Indemnee against and for all liabilities, costs, expenses (including attorney fees), claims and damages which Indemnor may at any time suffer, sustain or become liable for by reason of any claim by any person for monies or other damages arising out of water flowage over the real property of Indemnor encumbered by a storm water and overland flowage easements in favor of the Indemnee. This Indemnification Agreement is binding upon the successors, heirs and assigns of the parties hereto. Dated on the day and year first written above. INDEMNOR: INDEMNEE: STAGE COACH STABLES, L.C. CITY OF ES, IOWA B By Marvi J. er, Manager Its MANGE By A1�By'. )R .-U&4A, Ja e G. Walter, Manager Its C6'tu Ucr k- STATE OF IOWA ) )SS: COUNTY OF STORY ) T� On this Qq day of NoV eftf3eYL , 1999, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Marvin J. Walter and Janice G. Walter to me personally known, who being by me duly sworn, did say that they are the Managers of Stage Coach Stables, L.C., a limited liability company, executing the within and foregoing instrument; that no seal has been procured by the said limited liability company; that said instrument was signed on behalf of the limited liability company by authority of its members; and that Marvin J. Walter and Janice G. Walter, as Managers, acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the limited liability company, by it and by them voluntarily executed. ` JAN KITCHEN J MY COMMISSION EXPIRES d low;, �O'^+ Notary P blic in and for the State of Iowa STATE OF IOWA ) )SS: COUNTY OF STORY ) On this 111'1� day of jkyyU O,-rLA before me, the undersigned, a Notary Public in and for said County and State, personally appeared Teo TeAe 5C-D and D'eLoc,V,•Vpss , to me personally known, who being by me duly sworn, did say that they are the_ MoW or and 6 OACOL of the City of Ames, Iowa, a municipal corporation, executing the within and fjoregoing instrument and acknowledged that they executed the same as their voluntary act and deed of the City of Ames, by it and by them voluntarily executed. Notary Public in and for th tate of Iowa-, ' .JYiLL-L PeIPP�.2E�e,12 S:\shardata%NMD\MJG\Rasmussen\indemnificationag.doe CzrY)1 2