easement agreement-1997 - Laserfiche WebLink

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3. Liabilitv and Indemnification; Insurance. The City hereby agreed 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 azising out of the use of the Easement Area 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: a. The Easement Area shall not be encroached upon by fill, excavation, paving or concrete, erection of buildings or permanent enclosures, fences or walls, or other obstructions by Owner which would interfere with, or which would otherwise obstruct access to the Public Improvement in any manner by Owner. b. Owner has the lawful right and authority, without restriction, to convey � the easements as herein granted, that the Easement Area is not subject to any other interest other than the interests of Owner and The Prudential Home Mortgage Company, Inc. and First Trust National Association, mortgagees on the Property who have consented to this Agreement, and that the Easement Area is embraced wholly within the Property. 5. Bindin E� ffect. The terms, provisions and easements provided herein shall inure to the benefit of and be binding upon the heirs, legal representatives, successors and assigns of the Owner. The covenants, agreements and easements contained herein shall be deemed to run with,burden and benefit the Property. 6. Termination of Easements. In the event that use of the Easement Area is at anytime discontinued by the City, the City shall have the right,but not the duty, to enter further upon the Easement Area and remove all or any portion of the Public Improvement which has been placed upon, over or under the Easement Area. IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first above written, subject to all of the terms and conditions herein set forth. CITY OF ORONO OWNER By � � I a or William . Mernik �y ' Its City er? Lisa J. Merni " r-�....�..V,� � ft�i"r1:=�" -- , . �:.;:�i:C" _ti: �`��A�f��.�..��,lr-.-a.Ei�'�y�'.��_-. :`� iif R :'�j� �� ��.i ,;. 8Y