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CONFORMED COPY. <br />BOOK /05 PAG-E /7 <br />EASEMENT AGREEMENT <br />The Kodiak Island Borough,-pursuant to KIBC 18.20.100 and <br />Kodiak Island Borough Assembly Resolution Number 90-24-R, dated <br />April 5, 1990, hereby conveys and quitclaims to the Grantees, <br />JEFFERY POVELITE and LESLIE SMITH, of P. 0. Box 2431; Kodiak, <br />Alaska 99615, an easement for water well purposes including <br />maintenance of the well for that certain real property located in <br />the Kodiak Recording District, Third Judicial District, State of <br />Alaska, and more particularly described in the enclosed Exhibit <br />HAU. <br />This easement shall be effective for a term of •thirty <br />(30) years, commencing on the 1st day of January, 1991, and ending <br />at midnight on the 31st day of December, 2021, unless sooner <br />terminated as herein provided. This easement is for the personal <br />use and enjoyment of the Grantees. <br />This easement shall not run with the land and may not be <br />assigned without written permission of the Kodiak Island Borough. <br />In consideration for this grant, the Grantee shall pay to the <br />Kodiak Island Borough the sum of $ 80.00 per year, payable on <br />the first day of each calendar year during the term of this <br />easement. <br />Grantee shall indemnify the Kodiak Island Borough and <br />hold it harmless from all claims, liabilities, damages, costs, or <br />expenses, including attorney's fees, incurred in the defense of any <br />action or proceedings relating thereof, arising from any activity, <br />work, things done, permitted or suffered by the Grantees in or <br />about the premises or arising from the negligence of the Grantees <br />or any of their agents, contractors, employees, or residents. <br />There shall be no alterations, additions, improvements, or repairs <br />to the premises except by the Kodiak Island Borough or by the <br />Grantees with the written permission of the Kodiak Island Borough. <br />This easement may be terminated by the Kodiak Island <br />Borough upon thirty (30) days.prior written notice of termination, <br />delivered to the Grantees, at the address set forth above, upon the <br />violation of any of the terms and conditions of this grant, upon <br />the necessity as determined by the Kodiak Island Borough for the <br />use of the entire road.right-of-way for roadway purposes, or for <br />any other cause deemed sufficient by the Kodiak Island Borough. <br />DATED this 4/day of December, 1990. <br />KODIAK ISLAND BOROUGH <br />By: <br />me Selby, Mayor <br />