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3. HOLD HARMLESS AND INDEMNITY.In consideration of being allowed to <br /> encroach in the City's easement, Owner, for itself, its successors and assigns, hereby agrees to <br /> indemnify and hold the City harmless from any damage caused to the Subject Property,in whole or in <br /> 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 /> 5. 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 /> CITY OF ORONO: <br /> By. _ di <br /> (VEAL) Lih Tod7M Mayor <br /> J <br /> And <br /> -J <br /> lane Tiegs, City Ir <br /> STATE OF MINNESOTA) <br /> (ss. <br /> COUNTY OF HENNEPIN) <br /> The foregoing instrument was acknowledged before me this '49 day of 106710 <br /> 2016,by Lih Tod McMillan and by Diane Tiegs respectively,the Mayor and City Clerk of the City <br /> of Orono,a Minnesota municipal corporation,on behalf of the corporation and pursuant to the <br /> authority granted by its City Council. <br /> '; MONICA A.FARNESS <br /> E: <br /> NOTARY pUBLIC-MINNESOTA No Public <br /> �' My Commission Expires Jan.31,2017 <br />