01-26-2026 - Agenda Packet City Council - regular meeting

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7660 2. Scope of Easements. a. Access Easement. This Agreement shall include the rights of Grantee, its contractors, employees, agents and assigns to enter upon and cross over the Access Easement Area at all reasonable times for purposes of accessing the City Easements. b. Utility Easement. This Agreement shall include the rights of Grantee, its contractors, employees, agents and assigns to enter upon the Utility Easement Area at all reasonable times to operate, construct, maintain, repair and replace utility systems, including but not limited to, an existing grinder station on the Property depicted on the attached Exhibit “C”. 4. Driveway Asphalt Replacement. Grantor intends to undertake a project to replace the asphalt surface of an existing driveway that provides ingress and egress to the Property (the “Project”). The portion of the driveway within the Access Easement Area constitutes approximately 1700 square feet. As consideration for the Easements, Grantee agrees to contribute to the cost of the Project on a one-time, nonrecurring basis, provided that the Project is completed by September 1, 2026. Grantor is responsible for contracting with a qualified contractor to undertake the Project. Upon completion of the Project, Grantor shall provide Grantee with a copy of the contractor’s invoice which must specify the total cost of the Project, calculated on a square foot basis. Within 30 days after receipt of the invoice, Grantee shall pay Grantor an amount equal to fifty (50) percent of the contracted cost per square foot, times 1700 square feet. 6. Entire Agreement. This Agreement contains the complete understanding and agreement of the parties hereto with respect to all matters referred to herein, and all prior representations, negotiations, and understandings are superseded hereby. 7. No Waiver. No waiver of any default of any obligation by any party hereto shall be implied from any omission by the other party to take any action with respect to such default. 8. Severability. The invalidity of any portion of this Agreement shall not impair in any mann er the validity, enforceability or effect of the rest of this Agreement. 9. Covenants to Run with Land. The Easement runs with the land and is binding on the parties and their successors and assigns. 10. Counterparts. This Easement Agreement may be executed in any number of counterparts, each of which will be deemed to be an original, but all of which, when taken together, constitute the same instrument. 71