Permanent Drainage/Access Easement/Agreement

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• a perpetual non-exclusive easement for driveway access purposes, over, across, on, and through the subject property as described on the attached Exhibit"B"and depicted on the attached Exhibit"C" at all reasonable times and upon at least three(3)business days notice to Grantor for the benefit and use by the City, its officers, employees, contractors, agents, servants, and assigns, to enter upon the subject property for the purpose of accessing, inspecting and maintaining the Stubbs Bay Ravine on an ongoing basis. Such grant of access easement shall be perpetual, shall run with the subject property and shall be binding upon the successors, heirs and assigns of the Grantor. By accepting this driveway access easement, the City acknowledges that it is entering the subject property described herein at its own risk. 3. The foregoing easements are granted and conditioned upon the City complying with the following requirements: • Grantor shall have the right to review and approve any and all tree removals. • No traffic or parking will be allowed in the driveway area serving the subject property. • No staging areas, rock piles or lawn landscaping destruction will be allowed in the driveway area serving the subject property. • Any and all damage to the subject property caused by the City's exercise of the easements contained herein shall be promptly repaired at the City's sole cost and expense. 4. It is understood and agreed by the parties hereto that the City is solely responsible for the Stubbs Bay Ravine Project and all costs relating thereto, including costs for all ongoing inspection, maintenance and repair of the Stubbs Bay ravine. 5. The above named Grantor, its successors, heirs, and assigns, does covenant with the City, its successors and assigns,that it is well seized in fee title of the above described easement premises and it has the sole right to grant and convey the easements to the City; that there are no unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. 6. All notices, demands, statements and requests required or permitted to be given or served under this Agreement shall be in writing and shall be deemed to be effective and to have been properly given or served, whether received or not, on the third (3rd) business day after depositing the same.in the United States mail, addressed to the other party, postage prepaid, registered or certified mail, return 156978v02 2 ORONO:Stubbs Bay Ravine Project SRN:04/01/2011 MPG:02/03/2012 (Edwin Gage Property at 460 Tonkawa Rd.)