Approval of Drainage Easement Agreement — E.5

3. The right to enter onto land beyond the easement area to conduct emergency repairs that may extend beyond the easement area without obtaining a separate temporary easement. The City's right to do such work shall be effective only upon City's prior notice to Owner and with minimal disruption of the area. The City shall indemnify the Owner against any loss and damage which shall be caused by the negligent exercise of any said ingress or egress, construction, maintenance or use by the City or its agents or employees in the course of their employment. The Owner reserves the right to use said easement area for purposes which will not interfere with the City’s full enjoyment of its rights granted herein; provided that the Owner and their successors and assigns shall not erect or construct any building, fence, retaining wall or other structure; plant any trees, drill or operate any well, or construct any reservoirs or other obstruction on said easement area, or diminish or substantially add to the ground cover over said easement area. Any Owner improvements placed in the easement areas, with or without City approval, may be removed by the City without obligation or compensation or replacement. The Owner hereby covenants with the City that it is lawfully seized and possessed of the real estate above described, and that it has good and lawful right to convey it or any part thereof. The provisions hereof shall inure to the benefit of and bind the successors in interest and assigns of the respective parties hereto and all covenants contained herein shall be deemed to apply to and run with the title to the land. SIGNED this ______ day of May, 2026. FIRING PIN TIFFIN RE, LLC By:_____________________________________ Steven Streb, Member 2