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3. Restoration. After maintenance, repair, reconstruction or construction of <br />any Public Improvements, the City or any other entity conducting work on the <br />Public Improvements shall return the area it disturbs within the easement areas to the <br />preexisting condition <br />4. Owner Covenants. Owner covenants and agrees that the easement areas <br />shall not be encroached upon by fill, excavation, erection of buildings or permanent <br />enclosures, fences or walls, or other obstructions by Owner which would interfere <br />with, or which would otherwise obstruct access to the Public Improvements <br />5. Binding Effect. The terms, provisions and easements provided herein <br />shall inure to the benefit of and be binding upon the heirs, legal representatives, <br />successors and assigns of the Owner. The covenants, agreements and easements <br />contained herein shall be deemed to run with, burden and benefit the Property. <br />6. Termination of Permanent Easement. In the event that use of the <br />Permanent Easement is at anytime discontinued by the City, the City shall have the <br />right, but not the duty, to enter further upon the Easement area and remove all or any <br />portion of the Public Improvements which have been placed upon; over or under the <br />Permanent Easement area. <br />IN 'WITNESS WHEREOF, this Agreement has been executed as of <br />the day and year first above written, subject to all of the terms and conditions <br />herein set forth. <br />CITY OF ORONO O\VNER <br />By _____________ _ By _____________ _ <br />Barbara A. Peterson, Mayor William J.M. Franklin <br />And By ___________ _ And By ____________ _ <br />Linda S. Vee, City Clerk Pauline Franklin <br />Page 2 of 5