Resolutions-2010-12 (2)

permitted by law, without waiving sovereign immunity or the limits of liability referenced thereunder, 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. 5. 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. 6. 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 grant and convey the said Permanent Easement Area and the Temporary Construction Easement and a that the real property described above is free of all liens, mortgages, and encumbrances of every kind, including leasehold interest, except for: those encumbrances to: IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day and year first written above: The Villages, L.C. By: ____________________________ DARRYL T. HIGH CITY OF TIFFIN By: ____________________________ ROYCE PHILLIPS By: ____________________________ RUTH DEMUTH