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(rese►ved far r�cording inio►ma�) ENCROACHMENT AGREEMENT AGREEMENT made this day of , 2001, by and between the CITY OF ROSEVILLE, a Minnesota municipal corporation ("City"); and METRO PROPERTIES, L.L.C. ("Metro"). 1. BACKGROUND. Metro is the fee owner of certain real property located in the City of Roseville, County o� Ramsey, State of Minnesota, legally described on the attached Exhibit "A" and having a street address of 1144 Dionne Street, Roseville, MN ("subject property'). The City owns an easement for utility purposes over part of the subject property, currently in use for a watermain. There is an existing garage on the subject property that encroaches into the City's easement and is over a portion of the water-main. 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment of the existing garage on its utility easement. 3. WAIVER OF TRESPASS. Metro hereby grants the City a waiver of trespass to allow any encroachment onto the subject property outside of the easement area deemed necessary by the City or its agents to service the existing watermain, future utilities, or other uses of the easement area. 4. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach on the City's easement, Metro, their successors, heirs, and assigns, hereby agree to indemnify and hold the City harmless from any damage caused to the subject property, including the garage on the subject property, caused in whole or in part by the encroachment onto the City's easement, including other areas of the subject property damaged by personnel or equipment accessing the City's easement. Metro further agrees to indemnify and hold the City harmless from any water damage caused to the subject property or the garage on the subject property, caused in whole or in part by any maintenance, malfunction, or repair of the watermain located under the garage, including any and all claims by third parties for damage to personal property stored within the garage. 4. TERMINATION OF AGREEMENT. If the garage is substantially damaged or destroyed, the property owner must remove the structure from the City's easement upon thirty (30) days written notice from the City, and the garage may not be expanded, rebuilt or substantially remodeled (ordinary maintenance excepted) without prior written permission of the City. 5. RECORDING. This Agreement shall be recorded against the title to the subject property.