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2 <br /> <br />6. The developer has agreed to pay up to $1,000 in Industrial Utilities legal <br />expenses. Invoices can be provided to the City of Hugo and these will passed along to the <br />developer. <br />7. In exchange for the foregoing, the Owner releases the Developer and the City from all <br />claims of damages, takings, inverse condemnation and other claims relating to the <br />alterations, use and occupancy of the lands permitted to be occupied in the easements <br />conveyed by Owner to the City but Owner does not waive any claim to demand and secure <br />enforcement of the undertakings required of the City and the Developer and may make said <br />demand and secure such enforcement against The City, the Developer, both, or either. <br /> <br />Grantor warrants their title to the land to be conveyed for the temporary easements and shall <br />undertake to defend the Grantees in the peaceable possession, use or enjoyment thereof. <br /> <br />This temporary easement shall be binding upon and inure to the benefit of the heirs, executors, <br />administrators, assigns and successors of M/I Homes and the City of Hugo. This Temporary <br />Construction Easement Agreement shall terminate upon completion of the public improvement project to <br />install the public utility and the one-year warranty period for the project has expired. <br /> <br />The City of Hugo and M/I Homes shall have no responsibility to maintain, repair, replace, manage <br />or supervise the fences and improvements placed on Grantors’ property once they are installed but <br />shall avoid and repair any damages to them done in the course of construction of the Road. <br /> <br />This letter is being forwarded in triplicate and if the terms and conditions are acceptable, please <br />arrange for signature in the space provided below and return three copies to this office for further <br />handling. Upon execution of this letter agreement, a copy will be returned for your file. The <br />formal easement document is attached as Exhibit B in accordance with the terms and conditions <br />herein set forth. <br /> <br />Accepted and agreed to the ____ day of ____________________, 2023. <br /> <br /> <br /> CITY OF HUGO <br /> <br /> <br /> <br />Dated: ____________________, 2023 By: _______________________________ <br /> Title: ______________________________ <br /> <br /> <br /> <br />INDUSTRIAL UTILITIES <br /> <br /> <br /> <br />Dated: ____________________, 2023 By: _______________________________ <br /> Title: ______________________________ <br />