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�v ��.�� !. 5 E�T la� 10 2 O SO S�10h�x� �M� <br /> � ' pn►vt <br /> EASEMENT AGREEMENT : <br /> THIS AGREEMENT, made this � day of�I��y , 1997, between Bruce <br /> Peter Boni and Patricia Boni, husband and wife, ("Owner"), and the City of Orono, a Minnesota <br /> municipal corporation ("City"). _ <br /> RECITALS: <br /> A. Owner is the holder of a fee simple interest in property located in Hennepin <br /> County, Minnesota, which is legally described as: <br /> Lot l, Block 1, and Outlot B, Hartwood, according to the plat thereof on file or of <br /> � record in the office of the Registraz of Titles in and for said County <br /> � <br /> � (the"Property"). <br /> � B. The City desires certain easements for the purposes hereafter set forth, and Owner <br /> � has agreed to grant such easements upon the terms and conditions herein. <br /> NOW T'HEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good <br /> and valuable consideration given to Owner by the City, receipt and sufficiency of which is <br /> acknowledged, it is agreed: <br /> AGREEMENTS <br /> 1. Grant of Easements. Owner hereby grants to the City for the benefit of the <br /> public, a permanent, nonexclusive easement over, across and upon that portion of the Property <br /> legally described on Exhibit A attached hereto and made a part hereof (tfie "Easement Area") <br /> for the purposes of constructing, reconstructing, maintaining, repairing and use of a sanitary <br /> sewer system and all appurtenances thereto, including, without limitation, signage (hereinafter <br /> referred to as "Public Improvement"). <br /> 2. Maintenance. The City shall maintain at its own expense the Easement Area. <br /> Said maintenance obligation shall include, without limitation, keeping the same in good and safe <br /> condition for the purpose granted herein and reasonably free and clear of foreign objects, debris <br /> and obstructions. _ . � <br /> 3. Liabilitv and Indemnification: Insurance. The City hereby agrees to indemnify <br /> and save the Owner harmless from and against any and all suits, demands, liabilities, costs and <br /> other expenses, including reasonable attorneys' fees, incurred in connection with or arising out <br /> of the use of the Easement Area by the City, its contractors and agents or the general public for <br /> the purposes granted herein, excluding, however, from such indemnity any loss resulting from <br /> acts of Owner and his invitees. The City shall be responsible for obtaining and maintaining <br /> public liability insurance over the Easement Area in such limits as City, in its sole direction, <br /> deems reasonable and sufficient. <br />