I-1 - Storm Sewer Easement Agreement - CCA

exercise of the City's rights hereunder in any manner. City shall construct, maintain, and keep in good repair and condition, any such storm sewer improvement installed within the Easement Area. Upon completion of any construction, reconstruction, repair, inspection, or maintenance of any storm sewer improvement within the Easement Area, City shall at City’s sole expense, promptly restore the Easement Area in a good and workmanlike manner and to a condition comparable to such Easement Area’s condition existing before such work was performed. The City shall indemnify Owner against (i) any loss, damage or injury to the OWNER or the OWNER’S 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. Except as expressly provided herein, the City shall have no responsibility for maintaining, repairing or improving the Easement Area. Owner reserves the right to use said Easement Area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas or diminish or substantially add to the ground cover over said Easement Area Notwithstanding the foregoing, nothing herein shall be construed to prohibit Owner from using or improving the Easement Area in a manner that does not impede the City’s use of the same. Owner does hereby covenant that subject to Iowa Code §§ 297.22 and 297.25, Owner has a good and lawful right to convey the Easement as described herein. Nothing in this Agreement shall be construed to impose a requirement on the Owner to install the original public improvement at issue herein. In connection with any such installations by City, the City shall not be deemed acting as the Owner's agent during the original construction and installation of such improvements. The City shall, at its expense, maintain, repair and replace any such public improvements. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the Easement Area. City of Tiffin 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). The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated , 2024. [signature pages to follow]