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:AIWA II 1400 BRACKE11S <br />6878445 PO WA f.(/na <br />► <br />THIS AGREEMENT, make this 9 T day of JLj-J,1997, between James R. Jundt and Mary <br />Joann Jundt, husband and wife ("Owner") and the City of Orono, a Minnesota municipal corporation <br />("City"). <br />90 X V9/ RECITALS: <br />A. Owner is the holder of the fee simple interest in property located in Hennepin <br />County, Minnesota, and legally described on Exhibit A attached hereto and made a <br />part hereof (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 contained herein. <br />HOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good <br />and valuable consideration given to Owner by the City, the receipt and sufficiency of which is <br />acknowledged, it is agreed: <br />1. Qrant of Easements. Owner hereby grants to the City for the benefit of the public, <br />nonexclusive easement (the "Easement") over, across and upon that portion of the Property legally <br />described on Exhibit B attached hereto and made a part hereof (the "Easement Area") for the <br />purposes of constructing, reconstr ting, maintaining, repairing and use of a sanitary sewer system <br />and all appurtenances thereto, including, without limitation, signage (hereinafter referred to as <br />"Public Improvement"). The Easement shall exist so long as the City uses the Easement Area for <br />the Public Improvement. Upon cessation of such use by the City, the City's rights herein shall <br />terminate. <br />2. Maintenance. At the request of Owner the City shall maintain at its own expense the <br />Easement Area. Said maintenance obligation shall include, without limitation, keeping the same in <br />good and safe condition for the purpose granted herein and reasonably free and clear of foreign <br />objects, debris and obstructions. <br />3. Liability and Indemnification: insurance. The City hereby agrees to indemnify and <br />save the Owner harmless from and against any and all suits, demands, liabilities, costs and other <br />expenses, including reasonable attorneys' fees, incurred in connection with or arising out of the use <br />of the Easement Area by the City, its contractors and agents or the general public for the purposes <br />granted herein, excluding, however, from such indemnity any loss resulting from acts of Owner and <br />his invitees. The City shall be responsible for obtaining and maintaining public liability insurance <br />over the Easement Area in such limits as City, in its sole discretion, deems reasonable and sufficient. <br />4. Owner's Covenants. Owner covenants and agrees that: <br />