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1. Grant of Easement over Citv Parcel. City hereby grants to the Ottens and their
<br /> respective, successors and assigns, an appurtenant perpetual, non-exclusive easement for
<br /> vehicular and pedestrian, driveway and ingress and egress purposes as legally described on
<br /> Eahibit C and shown on Ezhibit D ("Easement Premises"), which easement shall run with the
<br /> title to the 4tten Pazcel.
<br /> 2. Driveway Construc�ion. The Ottens may, at their own expense, reconstruct the Otten
<br /> Driveway within the Easement Premises in accordance with plans approved by the City
<br /> Engineer. The Ottens shall provide a continuotis access and a consistent grade for the Otten
<br /> Driveway at the connection witth the City Driveway located within the Easernent Premises.
<br /> 3. Maintenance and Renair. The Ottens shall be responsible for all costs associated with
<br /> the construction, maintenance, improvement, repair or reconstruction of the Otten Driveway,
<br /> including snow removal, and sweeping.
<br /> 4. Reasonable Use of Easement. The Easement Premises shall be used and enjoyed by
<br /> each party and their Permittees (as hereinafter defined) in such a manner so as not to
<br /> unreasonably interfere with, obstzuct or delay the conduct and operations of the other pariy or its
<br /> Permittees at any time conducted on the City Parcel or Otten Parcel, including, without
<br /> limitation,public access to and from the City Parcel. The term "Permittees" shall mean the
<br /> respective employees, agents, contractors, customers, invitees, occupants, tenants and licensees
<br /> of the City and the Ottens. The Ottens shall notify and receive approval from the City thirl.y(30)
<br /> days prior to any construction,mai.ntenance or repair of the Otten driveway, except in the case of
<br /> an emergency,when reasonable notice is required. The City sha11 notify the Ottens thirty(30}
<br /> days prior to any construction, maintenance or repair of the City Driveway, except in the case of
<br /> an emergency,when reasonable notice is required.
<br /> 5. Compliance with Applicable Laws. The Uitens shail at atl times comply with all
<br /> applicable laws, ordinances, rules, z�egulations, and codes, federal, staxe, and local, whether now or
<br /> hereaf�r promulgated or enacted. At no time shall the installation, operation, or maintenance of
<br /> the driveway endanger or interfere with the safety of persons or property in the City.
<br /> 6. Indemnification. The Ottens sha11 indemniiy and hold the City harmless from and
<br /> against all liability, actions, claims, demands, costs, damages, or expense of any kind which may
<br /> be brought or made against the CiTy relating to accidents, injuries, loss, or damage to the Ottens,
<br /> their Permittees, successors, or assigns on or about the Easement Premises. Such indemnity shall
<br /> not apply to the extent of any loss or claitm due to or arising from the negligent or wrongful acts
<br /> or omissions of the City, its employees or agents.
<br /> 7. Insurance.
<br /> A. The City is a self-insured municipality. The liability o£any claim within the
<br /> scope of Minnesota.Statutes, Section 466.01 to 4b6.15 is limited by dollar amounts for a single
<br /> claimant and for all claims arising out of a single occurrence contained in Section 466.04 as
<br /> amended from time to time.
<br /> 182098v2 �,
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