I-4 - Temporary Construction Easement - Andersen Holdings

2 a. CITY shall have the right to make excavations within the Temporary Easement Area, and to grade as CITY may find reasonably necessary for the construction. CITY covenants and agrees to protect such excavations during construction; to promptly fill said excavations following construction; and to hold OWNERS harmless from third party liability during said construction. b. CITY shall promptly backfill any trench made by it, and repair any damages caused by CITY within the Temporary Easement Area, but excluding the replacement of trees, shrubs and brush on the Easement Area. CITY shall indemnify OWNERS against loss or damage which occurs as a result of CITY's negligent acts or omissions in the exercise of its easement rights herein. Once the Temporary Easement Area has been restored substantially to its prior condition and except as expressly provided in this Temporary Easement Agreement, CITY shall have no further responsibility for maintaining the Temporary Easement Area. c. CITY shall have the right of ingress and egress to and from the Temporary Easement Area by such route within the Temporary Easement Area as shall occasion the least practical damage and inconvenience to OWNERS. d. CITY shall have the right to trim or remove all structures, trees, brush, and any other landscaping features which may interfere with the exercise of CITY's rights pursuant to this Temporary Easement Agreement. 5. CITY covenants and agrees that existing driveways, fences, underground drainage tile or other site features, with the exception of trees, shrubs and brush, which are removed or disturbed shall, to the extent reasonably possible, be replaced by CITY to conform with features or items removed during construction. CITY further agrees that all grassed areas disturbed by the construction shall be seeded within a reasonable time after construction is complete. 6. CITY covenants and agrees to remove and stockpile existing topsoil from areas to be excavated, to be used in the event of any repair. Following installation of the public improvement, all areas within the Temporary Easement Area which are disturbed will be graded to form a uniform slope, and topsoil shall be replaced and respread over disturbed areas, thereby restoring said area substantially to its prior condition, with the exception of the replacement of trees, shrubs and brush. 7. 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.