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AGREEMENT REGARDING SEPTIC SYSTEM <br />THIS AGREEMENT REGARDING SEPTIC SYSTEM (this "Agreement") is entered into as of <br />the day of , 2016 (the "Effective Date"), by Christopher W. Bollis and Rachel <br />A. Bollis, husband and wife, and Tamarack Hill Properties, Inc., a Minnesota Corporation, <br />(individually and collectively, "Owner"). <br />RECITALS <br />A. Owner is the owner and developer of certain real property legally described on Exhibit A <br />attached hereto ("Lot 4") and certain real property legally described on Exhibit B attached hereto ("Lot 5"; <br />Lot 5, together with Lot 4, are individually referred to herein as a "Lot" and collectively as the "Lots"), all <br />of which is located in Hennepin County, Minnesota. A mound (the "Mound") associated with the septic <br />system serving Lot 5 ("Septic System") is located partially on Lot 4. <br />B. As a condition to the City of Orono (the "City") agreeing to permit Owner to develop the <br />Lots and other real property located immediately adjacent to the Lots, the City requires that the owner of <br />Lot 5 remove from Lot 4 all portions of the septic system serving Lot 5 including the Mound. The City has <br />agreed to permit the Owner to leave the Mound on Lot 4 so long as Lot 4 and Lot 5 are owned by the same <br />person or entity and are not being developed. <br />C. The Owner has agreed to bind the Lots to the terms of this Agreement to induce the City <br />to issue the necessary approvals needed develop the Lots. <br />AGREEMENT <br />NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are <br />hereby acknowledged, Owner agrees as follows: <br />1. Temporary Easement. Owner hereby grants a temporary easement for septic system <br />purposes over, across, on, under, and through Lot 4 for the benefit of Lot 5, for the existing Septic System <br />and Mound. No new septic system or mound may be installed. <br />2. Termination of Easement. The temporary easement shall expire and the Septic System and <br />Mound shall be removed upon any of the following occurrences: <br />188926v1 <br />