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the Easement in such a manner that the operation thereof <br /> will in no way hinder or prevent the use of the Easement <br /> by the City for the purposes allowed herein. ' If the <br /> Easement is not maintained so as to permit the uae of the <br /> Easement by the City for the purposes allowe~ herein, with- <br /> out undertaking any duty of any nature, the City or its <br /> agenta may, at its option, enter upon the Easement with <br /> City personnel or a contractor hired by the City and per- <br /> form said maintenance, whereupon the owner of said Ease- <br /> ment shall be liable for payment of the City's costa and <br /> expenses in maintaining the Easement. <br /> <br />3.) Liability and Indemnification. <br /> <br /> The Property Owner(s} shall indemnify and hold the City <br /> harmlesa from all claims, d~ma~ds and actions for injury, <br /> death or damage to property, including attorneys~ fees, <br /> occurring or resulting fro~ occurrences upon the Easement. <br /> The Property Owner(s) shall alao hold the City harmless <br /> from any claims, demands and actions for injury, death or <br /> damage occurring because of or resulting from the failure <br /> or the inability of the City to provide emergency fire, <br /> ambulance or other municipal services to the Property as <br /> a result of the condition of the Easement. <br /> <br />4.) Warranty of Title. <br /> <br /> The Property Owner(s) hereby warrant(a) and represent(si <br /> that (he)(she)(they) has (have) the full legal authority <br /> to execute this instrument and warrant(e) the marketability <br /> of title to the Easement conveyed hereby. <br /> <br />S.) Covenants Running with Land. <br /> <br /> The Easement granted hereby and the agreements and covenants <br /> contained herein shall ru~ with the title to the Property and <br /> shall inure to the benefit of and be binding upon the parties <br /> hereto and their respective heirs, legal representatives, <br /> successors and assigns, including, but without limitation, <br /> all subsequent owners of the Property and all persons claiming <br /> under them. <br /> <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement <br /> / <br /> <br />on the above date. <br /> <br />CITY 0P ELK ltlVE~, a Minnesota <br />municip&l corporation <br /> <br />Its <br /> <br />-2- <br /> <br />STATE OF MINNESOTA ) <br /> )as. <br />COUNTY OF SEEP, BURNE) <br /> <br /> Notary Public- <br /> <br />STAT~ OF ~Z~SOTA ) J <br /> <br />~ OF SHE~U~E) " <br /> <br /> ~e [orego%ng instant was ackn~l~ge~fore ~ ~is ~ day <br /> <br /> on ~f of ~e City of Elk <br /> <br />Notary Public- <br /> <br />This instrument waa drafted by t <br />Larkin, Hoffman, Daly & Lindgren, Ltd. <br />7900 Xerxes Avenue South, Suite la00 <br />Blocmington, Minnesota 55431 <br /> <br />-3- <br /> <br /> <br />