Permanent Drainage/Access Easement/Agreement

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receipt requested, with respect to the City, at the City offices and with respect to the Grantor, at the addresses maintained by the Grantor on file with the office of the Hennepin County Assessor for delivery of real estate tax statements relating to the subject property. Rejection or other refusal to accept, or the inability to deliver because of a changed address of which no notice was given, shall be deemed to be receipt of the notice, demand, statement or request. At such time as any Grantor transfers the subject property, or any portion thereof, so as to create a new Grantor, each such new Grantor shall send notice to the City of the name and address to which notice to that new Grantor shall be sent. Until such time as a new Grantor sends such notice, the prior Grantor who made such transfer shall be deemed to be the agent for such new Grantor for purposes of giving or service of notices. 7. The City agrees to indemnify Grantor and its successors and assigns against and from any and all claims, damages, demands, costs and expenses, including without limitation, mechanics' liens and reasonable attorneys' fees, arising from exercising the rights in paragraph 2 above or from any breach or default on the part of City in performing its obligations under this Agreement. In the event any action or proceeding is brought against Grantor by reason of any such claim, the City upon notice from Grantor shall defend shall at the City's expense by counsel reasonably satisfactory to Grantor. 8. Except as expressly set forth herein to the contrary, the terms of this Agreement and all easements granted.hereunder shall be perpetual and shall constitute covenants running with the land and shall inure to the benefit of and be binding upon the signatories hereto and their respective successors and assigns. 9. Whenever required by the context of this Agreement, the singular shall include the plural, and vice versa, and the masculine shall include the feminine and neuter genders, and vice versa. 10. This Agreement may be executed in counterparts, each of which shall be deemed an original, all of which shall constitute one complete document. 156978v02 3 ORONO:Stubbs Bay Ravine Project SRN:04/01/2011 MPG:02/03/2012 (Edwin Gage Property at 460 Tonkawa Rd.)