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<br />improvements to the Road Systems, the City specifically reserves the right to <br />assess KTJ and other benefitted landowners pursuant to Minnesota Statutes ~ 429 <br />and other applicable statutes for the cost of such Road Systems upon <br />determination by the City to construct such Road Systems. <br /> <br />2. The City and its successors or assigns shall be responsible for the inspection <br />maintenance, repair and proper operation of all of the Road Systems on the <br />Easement Area. <br /> <br />3. Until such time as the City constructs the Road Systems the Owner shall have <br />permanent access for ingress and egress to and tTom County Road B2 as depicted <br />on the Site Plan dated September 29, 1997 for Project No. 97053 by HKS <br />Associates, Inc. across the above-described Easement Area and Road Systems, for <br />the purpose of access to the remaining portion of the real property described on <br />Exhibit A attached hereto. <br /> <br />4. At such time as the City constructs the Road Systems on the Easement Area the <br />City hereby authorizes the Owner to utilize a new curb cut to connect to the Road <br />Systems. Further, the City agrees to replace, repair and reconstruct new curbing <br />and new curb cuts to allow for continued ingress and egress to and from the real <br />property described on Exhibit A to County Road B2 consistent with the Site Plan <br />referenced in Paragraph 3 above. <br /> <br />5. City requirements for parking setback lines, building setback lines, parking <br />requirements and all other uses for the real property described on Exhibit A shall <br />be measured from the northerly line of the real property described on Exhibit A <br />and shall not be affected by the conveyance of the Easement Area. <br /> <br />6. The City agrees to indemnity and hold the Owner harmless from any claim for <br />damages or other relief arising out of or in connection with any work done by the <br />City on any of the above-described Easement Area or Road Systems, unless arising <br />out of the negligence or wrongful acts of the Owner or its agents. <br /> <br />TO HA VB AND TO HOLD THE SAME, together with all the hereditaments and appurtenances <br />thereunto belonging, or in any way appertaining, to the City, its successors and assigns, forever. <br /> <br />2 <br />