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_. _`. :^-.�pN�FER ENTER�� S�C,��U N 2� � S�S �-GI�I � L;�� • liENt�LrPINCOl1NTYTAXPAYERSEF#tilCEB �5641��'[,) �� MAR �� � � EMENT AGREEMENT =: a . V� THIS AGREEMENT, made this �day of��il�l? , 1997,between Bruce D. Clark and Terry B. Clark,husband and wife, ("Owner"), and the City of Orono, a � Minnesota municipal corporation ("City"). � RECITALS: A. Owner is the holder of a fee simple interest in property located in Hennepin County,Minnesota,which is legally described as Lot 13, Albee's Long Lake Addition (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. NOW,THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other and valuable consideration given to Owner by the City,the receipt and sufficiency of which is acknowledged, it is agreed: AGREEMENTS: 1. Grant of Easements: a. Owner hereby grants to the City for the benefit of the public, a permanent, nonexclusive easement over, across and upon that portion of the Property legally described as follows: The west twenty feet of Lot 13, Albee's Long Lake addition. (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"). 2. Maintenance. The City shall maintain at its own expense the Easement Area. Said maintenance obligation shall include,without limitation,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 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 arising 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 O�vner 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.