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1. Owner and their successors in title may install and maintain a fence and rock pathway <br />within the Easement, and the fence and landscaping shall be constructed in accordance with the <br />plans on file with the City of Hugo. <br /> 2. No plantings, trees, permanent improvements or structures other than the fence and <br />approved rock pathway may be maintained or placed in the easement area. <br /> 3. Owner shall maintain the fence and landscaping in good repair and shall not permit it <br />to be expanded, lengthened or to impair the City’s easement or its rights thereunder in any respect. <br /> 4. The encroachment granted to Owner herein is subject to the existing easement rights <br />of the City as granted in various easements. <br /> 5. The City will notify Owner if it requires removal or relocation of the fence and rock <br />pathway or any part of it. Thereafter, Owner shall remove the fence and rock pathway according to <br />the direction of the City and if Owner fails to do so, the City may enter upon the land and remove as <br />much of the fence and rock pathway as required and cast it upon the adjoining lands. In such an <br />event, the City shall not be liable to Owner for any costs, loss or damage whatsoever, and may assess <br />the property for all of its costs incurred in removing the fence, and Owner waive all formalities, <br />requirements and defenses arising from or relating to Minnesota Statutes Section 429 relating to or <br />arising from the work done by the City. <br /> 6. To the fullest extent permitted by law, Owner agrees to release, defend, protect, <br />indemnify, save and hold harmless the City, its agents, directors, employees, shareholders and <br />contractors against any and all claims, costs and liabilities, including the costs of defense for <br />damages, injury or death arising from or in any way connected to the installation, maintenance, <br />repair, removal and/or presence of the fence, regardless of whether such harm is to Owner, the City, <br />the employees or officers, guests or invitees of either or any other person or entity, except Owner <br />shall not be liable under this paragraph for loss or damage to the extent resulting from the negligence <br />of the indemnified parties.