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plat thereof on file and of record in the office of the Register of Deeds in and for said <br /> County and State,Hennepin County,Minnesota. <br /> (Abstract Property) <br /> having a street address of 1065 Linden Lane,Orono,Minnesota("Subject Property"). The City <br /> owns easements for utility purposes over portions of the Subject Property. The Kuzniks want to <br /> construct a sidewalk and staircase on the Subject Property which will encroach into the City's utility <br /> easement areas as depicted on the attached survey sketch. <br /> 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the <br /> encroachment in its easement area on the Subject Properiy subject to the conditions set forth in this <br /> Agreement. The City shall have no responsibility to maintain the sidewalk or staircase located <br /> within the City's easements. <br /> 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to <br /> encroach in the City's easement area,the Owners for themselves,their heirs and assigns,hereby <br /> agree to indemnify and hold the City harmless from any damage caused to the sidewalk and <br /> staircase in the City's easement area, caused in whole or in part by the encroachment into the City's <br /> easement area. <br /> 4. TERMINATION OF AGREEMENT. The City may,at its sole discretion, <br /> terminate this Agreement at any time by giving the then owner of the Subject Property thirty(30) <br /> days advance written notice, except that no notice period will be required in the case of an <br /> emergency condition as determined solely by the City and the Agreement may then be <br /> terminated immediately. The property owner shall remove the sidewalk and/or staircase to the <br /> effective date of the termination of this Agreement. If the owner fails to do so,the City may remove <br /> the sidewalk and/or staircase and charge the cost of removal back to the owner for reimbursement. <br /> »as6a�2 2 <br />