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encroach in the City's easement,Owner,for itself, its successors and assigns,hereby agrees to <br /> indemnify and hold the City harmless from any darnage caused to the Subject Property,in whole or <br /> in part,by the encroachment onto the City's easement. <br /> 4. TERMINATION OF AGREEMENT. The City may,at its sole discrerion, <br /> terminate this Agreement at any time by giving the Owner of the Subject Property thirty(30)days <br /> advance written notice. The Owner shall,at its own expense,remove the Encroachmerrt. If the <br /> Owner fails to remove the Encroachmern upon notice by the City,the Gity may do so and the <br /> Owner agrees to promptly reimburse the City for any costs th�e City incurs. <br /> 5. RECORDING. This Agreement ah�ll run with thc Iand and sha11 be recorded <br /> against the title to the Subject Property. <br /> 6. BINDING AFFECT. This Agreement is binding upon the parties,their successors <br /> and assigns. <br /> Il�WITNESS WHEREOF,i�is Agre�ment was executed by the parties the day and year <br /> first above written. <br /> CITY OF ORONO: <br /> By: <br /> (&EAL) _ ,Mayor <br /> And <br /> ; City Clerk <br /> STATE OF NIlNNESOTA ) <br /> (ss. <br /> COLTITY OF H�NNEPP:V ) <br /> The foregoing instrument was acknowledged before me this day of , <br /> 2�by and by , <br /> respectively,the Mayor and City C1erk of the City of Orono,a Minnesota municipal corporation, <br /> on behalf of the cozporataon and pwsuant to the authority granted by its City Council. <br /> 164774 2 <br />