I-5 - Permanent Trail and Underpass Easement - Hammes, Kaiser, Rogers

2 4. That the CITY shall have the right to make excavations and to grade as it may find reasonably necessary for the construction, operation, repair, maintenance and reconstruction of the Project in the easement area. 5. That the CITY shall have the right to trim and remove all trees and bushes which may interfere with the exercise of the CITY'S rights pursuant to this Agreement; however, if valuable timber is to be removed, it may be timely claimed as the property of the OWNERS and promptly removed. 6. That the CITY shall have the right of ingress and egress to and from the easement areas by such route as shall occasion the least practical damage and inconvenience to the OWNERS. 7. That the OWNERS reserves the right to use the above-described easement areas for purposes which shall not interfere with the rights granted in this Agreement. However, the OWNERS shall not erect, construct or locate in the easement area any structure or object that would prevent the CITY's reasonable access to the easement area or prevent the public's full enjoyment of the rights granted hereunder, nor shall the OWNERS allow or cause any substantial fill or cut over said easement without the written consent of the CITY, which consent shall not be unreasonably withheld. 8. That the CITY shall indemnify OWNERS against (i) any loss, damage or injury to the OWNERS or the OWNERS property, and (ii) any loss, damage, injury, claim or other liability to any third party which may occur as a result of the CITY's, or its representatives', agents', or contractors' exercise of the easement rights granted hereunder by the CITY, except for loss which may be occasioned by a diminution in business or personal use. 9. That the OWNERS states and warrants that there is no known well, solid waste disposal site, hazardous substances, or underground storage tanks on the premises described and sought herein. 10. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, shall be deemed a covenant which runs with the land and with the title to the land, and shall be recorded in the Johnson County Recorder's Office, at CITY expense. This Agreement shall be recorded at the time of its execution with the understanding that the CITY has complete and absolute sole ownership, use and control of the facilities and equipment constructed in the easement area in accordance with the grant of rights conveyed herein. 11. CITY hereby gives notice of OWNER’S five year right to renegotiate construction or maintenance damages not apparent at the time of the signing of this easement agreement as required by §6B.52, Code of Iowa (2024).