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. vot 65,(17 ►,rf 31 3. In the event the CITY determines that it is in the best interest of the general public to vacate Loeprich Lane, the BAIERS shall join into the vaca- tion proceedings at the request of the CITY by executing petitions and/or releasing any interest it may have in that portion of Loeprich Lane to be vacated. In the event of the vacation of Loeprich Lane, the CITY shall provide, at its cost, a substitute driveway equal to that existing at the time of the vacation from the then existing driveway located in the Southwest 1/2 of the Southeast 1/4 of the said Northeast 1/4 to Knutson Drive as platted in the Plat of Westport Meadows. Following the installation of the alternate driveway, the BAIERS shall assume the responsibility of replacement, mainte- nance and repair of the alternate driveway. Approval of the alternate drive- way shall not unreasonably be withheld by either party. 4. This Driveway Agreement shall be a covenant running with the land and shall inure to the benefit of, and be binding upon, the parties hereto, their respective heirs, personal representatives, successors, assigns and all persons claiming under them. 5. Indemnification The BAIERS agree to indemnify, defend and save harmless the CITY, its employees and agents for the period of the existence of this Agreement, from and against any and all losses or expenses ( including costs and attorney fees) by reason of any claim or suit of liability imposed by law upon the CITY for damages because of bodily injury, including death at any time resulting therefrom, sustained by any person or persons on account of damage to proper- ty, including loss of use thereof, whether caused by or contributed to by the CITY. The BAIERS further agree to carry adequate liability insurance to protect themselves and the CITY against all liabilities, including those covered under this Agreement. 6. The BAIERS shall subordinate their rights in this Dirveway Agreement, without compensation, at the request of the CITY to provide easements and rights of way for all public and private utilities across, including a pedes- trian bikepath, or along this easement. 7. The BAIERS and CITY agree that all conditions of this Agreement are expressly contained herein and that no oral statements beyond the conditions of this Agreement have been made, and if so are expressly waived. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day and year first above set forth. CITY OF MADISON F7, — eph ensenbrenner, Jr. , a�T yor /01 (9 LIV, 'hietittc_i it-ara-W--- , ii'Ly STATE OF WISCONSIN) )SS. COUNTY OF DANE ) Personally came before me this l ZiiI day of /j/}2�t 198J , the above named F. Joseph Sensenbrenner, Jr.,Mayor and�(?9t-o►k3 ,1 _A:N urw O 7,,� , City Clerk , to me known to be the persons who executed We aboveore�oing--_instrument and acknowledged the same. • ...- / tary u lc, a 446 No Wisconsin onsin My Commission: ,11p,i4 ii- -3 -ff. -2-