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l^bcr^Jhmos JU. c /; >CV. // . <br />/==. <br />5u/ney Bernhard Rebers, Master BmiUer <br />miCRS CONSTRUCTION COMPANY • 3STS WEBSTER AYE. • ST. LOUIS PARK. MINNftOTA fS41B • TfllPNONE flMIM <br />April 12, 1989 <br />Nr. and Hra. Andrew Duncanson <br />690 Brown Road North <br />Orono, Minnesota <br />Dear Andy and Kathryn, <br />This letter will confinn our a9reene.-t concerning the <br />planting of trees to shield your hoeestead free the headli<:hts of <br />vehicles leaving the Meyers Woods subdivision, which we are <br />developing. <br />1. He agree to plant fourteen evergreen trees on your land <br />in two rows. The rows will be about 60 feet long and will be <br />parallel to and close to Brown Road, as shotm on the attached <br />sketch. Each row will consist of seven trees at least six feet <br />tall planted with the centers ten feet apart. The rows will be <br />staggered, so that the rear row is shifted five feet south of the <br />front row. <br />2. He will install the trees at our sole expense. He will <br />water them for one year, using your water. The trees will belong <br />to you. <br />3. You will grant to us the rights to enter your property <br />to install the trees and to water them, using your water supply, <br />for one year. Access will be directly from Brown Road. <br />4. The trees will be installed using a large, heavy tree <br />installation truck that may corpress the ground and may make ruts <br />in the surface of your land. We will coordinate the work with <br />you so that a minimum amount of land will be disturbed. He will <br />fill and compact any ruts that we create and we will repair any <br />damage to fencing or other structures on your land, but you will <br />be responsible for restoration of vegetation. <br />5. He agree to hold you and yo?ir property harmless from <br />all costs and expenses arising out of the installation of these <br />trees. He agree to indemnify you against all personal injuries <br />and property damage (except damage to the surface of your land <br />and your vegetation) that may occur during installation of these <br />trees. You agree to release u** from all claims for damage to the <br />surface of your land and your vegetation.