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the Eaaen~nt in such a manner that the operation thereof <br />will in no way hinder or prevent the usa of the Rasement <br />by the City for the purposes allowed herein. ' If the <br />Easement ts not maintained so es to p~mit the use of the <br />Easement by the City for the purposes allo~ed herein, with- <br />out undertaking any duty of any nature, the City or its <br />agents 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 costs 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 />harmless from all claims, demands and actions for injury, <br />death or damage to property, including attorneys~ fees, <br />occurring or resulting from occurrences upon the Easement. <br />The Property Owner(s) shall also 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 fir*, <br />ambulance or other municipal services to the Property aa <br />a result of the condition of the Easement. <br /> <br />4.) Warranty of Title. <br /> <br />The Property Owner(s) hereby warrant(s) and represent(s) <br />that (he)(she)(they) has (have) the full legal authority <br />to execute this instrument and warrant(a} the marketability <br />of title to the Easement conveyed hereby. <br /> <br />5.} Covenants Running with Land. <br /> <br />The Easement granted hereby and the agreements ~nd covenants <br />contained herein shall run 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 o~ners of the Property and all persons claiming <br />under them. <br /> <br /> IN WITNESS WHEREOF, the parties hereto have executed this Agreement <br />on the ~bova date. <br /> <br />CITY OF ~// RIVEI, a ~lnnesota <br />municipal corporation <br /> <br />-2- <br /> <br />· J <br /> <br />STATE OF MINNESOTA ) <br /> <br />COUNTY O. SHE~Vl~.) <br /> <br /> ~~ng instrument was <br /> ~fore <br /> <br />s~TE o~ m~so~ I -' I~_~_~.~_~&~_! <br /> <br />~ OF SH~U~) .. <br /> <br /> ~e foreqo%ng Instant was ackn~l~ged~fore ~ ~ts ~ del <br /> on ~Eof ~e City of <br /> <br />Nota~7 Public <br /> <br />This instrument was drafted by z <br />Larkin, Hoffman, Daly & Llndgren, Ltd. <br />7900 Xerxes Avenue South, Suite 1500 <br />Bloomington, Minnesota 55431 <br /> <br />1~7257 <br /> <br />-3- <br /> <br /> <br />