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5. The Owners of the 3286 Parcel and the 3290 Parcel agree that the Private Driveway shall be constructed and maintained at the sole cost and expense of the Owners of the 3286 Parcel and the 3290 Parcel, and in accordance with all applicable City Code requirements. If the Owners of the 3286 Parcel and the 3290 Parcel wish to recover costs for such construction and/or maintenance from any the Owners or other property owners who are not party to this Agreement, the terms for such cost recovery shall be pursuant to a separate private agreement among the relevant property owner(s). 6. The Owners of the 3286 Parcel and the 3290 Parcel further agree that in the event the City determines it to be in the public interest to open the City ROW for public travel, within 90 days' written notice from the City,the Owners of the 3286 Parcel and the 3290 Parcel shall, at their sole cost and expense,remove the Private Driveway and restore the City ROW to grade. 7. The Owners of the 3286 Parcel and the 3290 Parcel expressly acknowledge that the Private Driveway is a private improvement within the platted City ROW, and its sole intended purpose is to provide access by the Owners of the 3286 Parcel and the 3290 Parcel, and their respective invitees, to their respective Parcels. 8. The City retains all rights to the City ROW for any City purpose, including but not limited to installation and maintenance of public utilities, and for access for the provision of public safety,garbage collection, and other public services. 9. The Owner of the 3286 Parcel and/or the Owner of the 3290 Parcel may not exclude any owner of any parcel that abuts the City ROW from using the City ROW, including incidental use of the Private Driveway, for maintenance purposes related to their respective parcels. However, as provided in Section 2 of this Agreement, no permanent connection shall be created from the 2260 Parcel or the 3300 Parcel to the City ROW for any purpose. 10. The Owners of the 3286 Parcel and the 3290 Parcel hereby indemnify the City, its officials, employees, contractors, and agents, and hold the City, its officials, employees, contractors, and agents harmless from any and all claims,causes of action, liabilities, damages, or other losses(including attorneys' fees and costs incurred by the City in connection with the same or in the enforcement if this Agreement) sustained or incurred by reason of use of the Private Driveway by the Owners of the 3286 Parcel and the 3290 Parcel, and their respective invitees, successors, or assigns. 11. Nothing in this Agreement shall preclude or prevent the owners of the private improvement (properties identified as 3286 and 3290 Hillside) from seeking damages, injunctive relief, or other legal remedies against any party, including abutting property owners, for actions that obstruct, damage, or otherwise interfere with the use, condition, or maintenance of the driveway located within the City's right-of-way. Such actions include, but are not limited to, blocking access with vehicles or equipment, causing physical damage to the paved surface, or impeding emergency vehicle access.The City of Orono is not a party to any private agreements or disputes arising from such actions and shall not be responsible for enforcement or adjudication of these remedies. 3 232991v5