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.� . ��.:�,1�� G �� -�J � � � � � r �C� p� �-1�u EASEMENT AGREEMENT q THIS AGREEMENT, made this�_ day of�. , 199�, between Gerald D. Westby and Diane B. Westby, husband and wife ("Owner"), and the City of Orono, a Minnesota municipal corporation ("City"). RECITALS: A. Owner is the holder of a fee simple interest in property located in Hennepin County, Minnesota, which is legally described as: Tracts C and P, Registered Land Survey No. 192, Files of the Registrar of Titles, County of Hennepin (the "Property"). B. The City desires certain easements for the purposes hereafter set forth, and Owner has agreed to grant such easements upon the terms and conditions herein. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration given to Owner by the City, receipt and sufficiency of which is acknowledged, it is agreed: AGREEMENTS 1. Grant of Easements. Owner hereby grants to the City for the benefit of the public, a permanent, nonexclusive easement over, across and upon that portion of the Property legally described on Exhibit A attached hereto and made a part hereof (the "Easement Area") for the purposes of constructin;, reconstructing, maintaining, repairing and use of a sanitary sewer system and all appurtenances thereto, including, without limitation, signage (hereinafter referred to as "Public ImprovemenY'). 2. Maintenance. The City shall maintain at its own expense the Easement Area. Said maintenance obligation shall include, without limitation, keeping the same in good and safe condition for the purpose granted herein and reasonably free and clear of foreign objects, debris and obstructions. G� 3. Liabilitv and Indemnification; Insurance. The City hereby a�rees to indemnify and save the Owner harmless from and against any and all suits, demands, liabilities, costs and other expenses, including reasonable attorneys' fees, incuned in connection with or arising out of the use of the Easement Area by the City, its contractors and agents or the general public for the purposes granted herein, excluding, however, from such indemnity any loss resulting from acts of Owner and his invitees. The City shall be responsible for obtaining and maintaining public liability insurance over the Easement Area in such limits as City, in its sole direction, deems reasonable and sufficient.