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<br />EXlllBIT C <br /> <br />PUBLIC RAW WATER CONDillT EASEMENT <br /> <br />Seller reserves and retains a perpetual, restrictive, public utility easement on, over, under and across the <br />following described portion of the Property ("Conduit Easement Property"), for the purpose of future <br />construction, reconstruction, inspection, operation, maintenance or repair of its water facilities: <br /> <br />[Description of 3D-foot wide easement centered on raw water conduit] <br /> <br />Buyer covenants with Seller that it understands and agrees to the following: <br /> <br />a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any <br />other objects which may prohibit normal access to water facilities for the above stated <br />purposes will be permitted within the Conduit Easement Property. <br /> <br />b. Improvements in or upon the Conduit Easement Property that do not prohibit Seller from <br />exercising its reserved rights may be allowed by obtaining prior written permission from <br />Saint Paul Regional Water Services General Manager, with the understanding that the <br />restoration and costs of such improvements shall be the sole responsibility of Buyer, its <br />successors and assigns, in the event the Seller exercises its reserved rights. <br /> <br />C. Should it be necessary that Buyer's works or improvements be removed or damaged as a <br />result of Saint Paul Regional Water Services operations, all removal, replacement or <br />modification costs shall be borne solely by Buyer. <br /> <br />d. No change from the existing grade within the Conduit Easement Property shall be permitted <br />without prior written permission from Saint Paul Regional Water Services General Manager. <br /> <br />e. No change in surfacing within the Conduit Easement Property shall be permitted without <br />prior written permission from Saint Paul Regional Water Services General Manager. <br /> <br />f. Buyer, its successors and assigns shall fully indemnify, defend, and save harmless the Seller, <br />its officers, agents, employees, and servants, and the City of Saint Paul, its officers, agents, <br />employees, and servants, from all suits, actions or claims which shall arise from any injuries <br />or damages received or sustained by any break in the raw water conduit situated within the <br />Conduit Easement Property, arising out of or resulting from any action or negligence of <br />Seller, its employees, agents or, business invitees. <br /> <br />The foregoing rights shall be binding upon and inure to the benefit of Seller and Buyer, and to their <br />successors and assigns, and shall run with the land. <br /> <br />C:\Documents and Settings\TBenderILocal Settings\Temporary Internet Files\OLK3D\Purchase and Sale of vacant lot_ 07-22-04.doc 14 <br />