I-1 - Temporary Construction Easement Agreement

b. HAWK WASH shall have the right of ingress and egress on the CITY’S property described and depicted on Paragraph 2, above. c. HAWK WASH shall promptly repair any damages caused by HAWK WASH’s exercise of its easement rights herein. d. HAWK WASH shall indemnify CITY against loss or damage which occurs as a result of HAWK WASH’S negligent acts or omissions in the exercise of its easement rights herein. HAWK WASH shall hold CITY harmless from liability to third parties arising from performance of any work to accomplish the improvements described within the Utility Plan. 6. HAWK WASH further agrees that all areas disturbed by the construction shall, as requested by CITY, be seeded within a reasonable time after construction is complete. 7. The term of this Temporary Construction Easement will be for the period of thirty-six months from the date hereof or such earlier date that CITY and HAWK WASH execute a termination of this Temporary Construction Easement. Notwithstanding termination of this Temporary Construction Easement, CITY shall be responsible under Paragraph 9 hereof until HAWK WASH and its affiliates are released from responsibility for all matters addressed in Paragraph 9, including but not limited to soil erosion control. 8. HAWK WASH shall be solely responsible for the cost of the improvements made pursuant to the Utility Plan. 9. The CITY assumes, with respect to the Real Estate, after the completion by HAWK WASH of the detention basin and associated drainage infrastructure described within the Utility Plan, and acceptance by the City, all obligations with respect to such Real Estate for: (i) soil erosion control required by any local, state or federal law on such lot; and (ii) restrictions and minimum requirements imposed by the State of Iowa or covenants of record. 10. The provisions hereof shall inure to the benefit of and bind the title holders of the development property, and 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. 11. All construction and development costs required by the Utility Plan shall be paid entirely by HAWK WASH. No provision of this Agreement shall be deemed to constitute the CITY, as a partner, joint venturer or agent of HAWK WASH, nor render the CITY liable for any debts, obligations, acts, omissions, representations or contracts of HAWK WASH, nor subject the Real Estate to lien for payment of any material or labor incurred by HAWK WASH. 12. HAWK WASH shall not allow any mechanic’s lien or other lien arising out of HAWK WASH'S grading and development of the Real Estate to be filed against such Real Estate. In the event any such lien is perfected against such Real Estate, HAWK WASH shall