SPOTORNO AL (2) - Laserfiche WebLink

9. The OWNER and the CITY shall meet and confer in good faith to resolve other compensation and ownership issues relating to Area 1 and/or Area 2 in the next 30 days. The Mortensens shall be invited by the CITY to any such initial meeting. If those issues are not resolved after good faith negotiations, then the CITY shall seek to resolve them through a quiet title action or eminent domain proceedings. The CITY agrees it shall not provide for public use of Area 1 unless and until it judicially confirms ownership or obtains immediate possession through such legal proceedings. By entering this Agreement, the OWNER does not waive any of its rights or defenses in any such legal proceedings. The OWNER stipulates that the CITY may file both a quiet title action and, in the alternative, an eminent domain proceeding with a request for immediate possession, without conceding private ownership of Area 1. 10. A third area proposed by the CITY to be covered by a TC License is depicted generally on Exhibit C. Any related refencing or other licenses that may be required from the OWNER by the CITY in connection with its development of the golf course properties will be the subject of separate discussions between the parties and a possible amendment to this Agreement. 11. The CITY shall defend, indemnify and save OWNER harmless from and against any and all losses, damages and/or liabilities which may be suffered or incurred by them, including loss or damage to its cattle and other livestock and any attorneys fees and costs that may be incurred, and from and against any and all claims, injuries (including death), damages, demands, liabilities and/or causes of action that may be brought against the OWNER caused by, or arising out of, or in any way connected with, CAWINDOWSUemporary Internet Fi1es\0LKF145\2EACLicense-110642.doc