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4. Exchange of services agreementDRIVEWAY MAINTENANCE AGREEMENT A %k9 vks� THIS AGREEMENT is made and entered into as the 5th day of 4ttl�, 2020, by and between Rustic Roots Winery, Inc., a business corporation, Riverview Estates, LLC, a limited liability company and the City of Scandia (hereinafter: "City"), a municipal corporation. WITNESSETH: WHEREAS, Riverview Estates, LLC (hereinafter: "Owner") is a landscaping business located in the City of Scandia. Riverview Estates, LLC is the fee owner of the property located at 20168 St. Croix Trail North Scandia, Minnesota 55073 (hereinafter: the "Property"); WHEREAS, there is a parking lot located on the Property that Owner is responsible to maintain and that Owner has determined requires grading; WHEREAS, Owner has asked the City to provide the grading service for the parking lot on its Property; WHEREAS, Owner has offered compensation for the City's provision of grading services to it in the form of landscaping services Owner will provide the City; WHEREAS, both parties consider the exchange of services to be in their best interests and consider the exchange to be reasonable and fair compensation for the service being provided; NOW, THEREFORE, in consideration of the mutual covenants of the parties set forth herein and other valuable consideration, the receipt and sufficiency of which is acknowledged, the parties state and agree as follows: 1. Owner, as the fee owner of the Property, grants the City, its employees, agents, and contractors, access to the Property for the purpose of the City providing grading services for the parking lot located on the Property. 2. In consideration for the City providing grading services for the parking lot on the property, Owner will provide & hours of landscaping services on City -owned property, at a time and location designated by the City. The nature of the landscaping service Owner will provide the City will be determined by the City in consultation with Owner. 3. Owner agrees to provide the G hours of landscaping services to the City within one year of the date of this Agreement. 4. Owner agrees to indemnify and hold harmless the City, its employees, agents, and contractors against any and all claims, demands, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or resulting from the City' grading services provided on the Property. 5. The recitals above are hereby incorporated and made part of this Agreement. 6. All duties and obligations of the Owner under this Agreement shall also be duties and obligations of the Owner's successors and assigns. 7. This agreement is effective as of the date it is executed by all parties. 8. This agreement may be executed in one or more counterparts each of which shall be considered original and all of which shall constitute one and the same instrument. DATED: 7 � .2020 DATED: , 2020 SCANDIA ESTATES, LLC By: .1J Its: CITY OF SCANDIA Christine Maefsky, Mayor DATED: . 2020 By: Ken Cammilleri, City Administrator 2