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Ric 1 : _ IN I�QJJMWIW s THIS AGREEMENT, make this day of1997, between James R. Jundt and Mary Joann Jundt, husband and wife ("Owner") and the City of Orono, a Minnesota municipal corporation "city" ). A> RECITALS: A'. Owner is the holder of the fee simple interest in property located in Hennepin County, Minnesota, and legally described on Exhibit A attached hereto and made a part hereof (the "Property"). B. The City desires certain easements for the purposes hereafter set forth, and Owner has agreed to grant such easements upon the terms and conditions contained herein. HOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration given to Owner by the City, the receipt and sufficiency of which is acknowledged, it is agreed: �G�EMEN'I'S 1. Grant of Easements. Owner hereby grants to the City for the benefit of the public, nonexclusive easement (the "Easement") over; across and upon that portion of the Property.iegally described on Exhibit B attached hereto and made a part hereof (the "Easement Area") for the purposes of constructing, reconstructing, maintaining, repairing and use of a sanitary sewer system and all appurtenances thereto, including, without limitation, signage (hereinafter referred to as "Public Improvement"). The Easement shall exist so long as the City uses the Easement Area for the Public Improvement. Upon cessation of such use by the City, the City's rights herein shall terminate. 2. Maintenance. At the request of Owner the City shall maintain at its own expense the Easement Area. Said maintenance obligation shall include, without lixrutation, keeping the same in good and safe condition for the purpose granted herein and reasonably free and clear of foreign objects, debris and obstructions. 3. Liability and Indemnification: Insurance. The City hereby agrees to indemnify and save the Owner harmless from and against any and all suits, demands, liabilities, costs and other expenses, including reasonable attorneys' fees, incurred in connection with or arising out of the use of the Easement Axea by the City, its contractors and agents or the general public for the purposes granted herein, excluding, however, from such indemnity any loss resulting from acts of Owner and his invitees. The City shall be responsible for obtaining and maintaining public liability insurance over the Easement Area in such limits as City, in its sole discretion, deems reasonable and sufficient. 4. Owner's Covenants. Owner covenants and agrees that: