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part, by the encroachment onto the City's easement. <br />4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, <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 Encroachment. If the <br />Owner fails to remove the Encroachment upon notice by the City, the City may do so and the <br />Owner agrees to promptly reimburse the City for any costs the City incurs. <br />RECORDING. This Agreement shall run with the land and shall 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 />IN WITNESS WHEREOF, this Agreement was executed by the parties the day and year <br />first above written. <br />(SEAL) <br />STATE OF MINNESOTA) <br />( ss. <br />COUNTY OF HENNEPIN ) <br />CITY OF ORONO: <br />, Mayor <br />And <br />City Clerk <br />The foregoing instrument was acknowledged before me this day of <br />2 ,by and by <br />respectively, the Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation, <br />on behalf of the corporation and pursuant to the authority granted by its City Council. <br />164774 <br />