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201806327 1. In CNT"s discretion and at CNT's cost, upon prior notice to Bosselman, CNT, its agents and contractors. may enter the Bosselman Property in order to remove the existing drainage pipe which is buried under the Bosselman Property. CNT shall perform all work in a professional manner and with the least amount of interference to Bosselman's business, its invitees, customers, and staff and shall restore the Bosselman Property to the same or better condition than it was in at the time prior to CNT's work. All dirt or paving work shall be done to a commercial use grade or quality ensuring proper compaction and pavement depth. Bosselman shall have final approval of the work done by CNT. Construction plans dated June 21. 2018 prepared by Olsson Associates are attached for reference. Acts or omissions of the Engineer concerning drainage shall be corrected by the Engineer. Deviations to design made by Contractor during initial construction concerning drainage are to be corrected by the Contractor. CNT reserves the right to revise the construction plans and complete additional improvements on CNT's Property. provided that Bosselman's drainage is not impeded and Bosselman has approved any work that may affect drainage prior to the work being initiated. CNT shall remain liable to Bosselman, for any work done including any negative impact to the Bosselman Property . ?. Prior to removal of the existing drainage pipe. CNT shall construct a new buried drainage pipeline running from the existing drainage inlet in a northeasterly direction upon Bosselman Property as specifically described on the l;tility Easement Survey attached hereto as Exhibit 1 with the drainage continuing thereafter in a generally northerly direction across CNT Property into the adjacent slough. All work shall be done in a professional manner and be done to a commercial quality standard. 3. The Easements granted herein shall be non - exclusive perpetual easements to permit either party. after proper written notice is provided to the other party. to enter upon the other's property to construct, inspect. maintain, repair or replace the storm drainage pipeline upon Bosselman Property, and to provide for the drainage of storm water runoff from the Bosselman Property through the storm drainage pipeline and CNT Property. .fhe maintenance and repair costs for the pipeline after construction shall be agreed to by both parties and be shared equally by the owners of the C_ NT Property and the Bosselman Property. If either party fails to pay its one- halfshare ofany costs. interest shall accrue at eight percent (8 %) per annum until paid in full The Easements granted herein shall he private easements for the use and benefit of the CNT Property and the Bosselman Property. their current and future owners. shall be appurtenant to and shall run with the land and be binding upon said properties, said owners or successors in interest and shall be perpetual unless modified or terminated by \ \ritten agreement by the owners of the CNT Property and the Bosselman Property. 4. Nothing in this Agreement will prohibit Bosselman or CNT from using their property, including the easement, in a manner they see fit and for whatever purpose they decide. [SIGNATURE BLOCK ON NEXT PAGE] Page 2 of 3