Resolutions-2010-11 (2)

maintenance of the Permanent Easement Area and the Temporary Easement Area. 2. Grade the full width of both easement areas, extending the cuts and fills for grading into and onto the lands along and outside the easement areas to such extent as Grantee may find reasonably necessary to install the public improvements. 3. The reasonable right to enter upon the adjoining lands of the Grantor for the purposes of reasonable access to the Permanent Easement Area and the Temporary Easement Area but for no other purpose. Grantee, in partial consideration for the easements, is responsible for, and must immediately repair any damage caused to the adjoining lands and to the Permanent Easement Area and the Temporary Easement Area caused by: 1) Grantee; 2) Grantee's contractors; 3) Grantee's successors, or assigns; or 4) the construction or operation of the water and sanitary sewer public improvements. Grantee upon the installation of the public improvements, or any repairs or maintenance to the same, from time to time, must reasonably restore the Permanent Easement Area and all adjoining lands, to its previously existing condition, including compaction and replacement of any pavement, landscaping, irrigation system or improvements or signage. To the extent permitted by law, without waiving sovereign immunity or the limits of liability referenced hereunder, CITY will indemnify and hold harmless the Grantor, its successors and assigns in title from any injury, death, loss, damage, claim, or suit caused by or arising out of the actions of CITY or its contractors or employees or CITY's use of the Permanent Easement Area or the Temporary Easement Area. Nothing shall inure to the benefit of a third party to allow a claim otherwise barred by sovereign immunity, or other operation of law. CITY is solely responsible for the construction, operation, and maintenance of the public improvements by CITY or it's contractors, assigns and successors, for the operation or use or maintenance of the Permanent and Temporary Easement Areas. Grantor retains and reserves to itself the right to utilize the Permanent Easement Area and Temporary Construction Easement Area, in any manner that does not unreasonably interfere with the exercise of CITY's rights hereunder, including but not limited to, the installation of pavements, curbs, parking, driveways or access lanes, landscaping, sprinkler and irrigation systems, signs, utility lines, and similar uses. However, no building may be constructed on or over the Permanent Easement Area, or on or over the Temporary Easement Area prior to its expiration. The Grantor hereby covenants with the Grantee and warrants that it is lawfully seized of said land in fee simple; that it has good, right, and lawful authority to