Resolutions-2017-023

responsible, and shall indemnify, defend, and hold the other harmless, for the negligent or intentional acts or omissions of that party. 3. The Owner reserves a right to use said Easement Area for purposes which will not interfere with the Beneficiary's full enjoyment of its rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall or other structures in the Easement Area; plant any trees in the Easement Area; drill or operate any wells in the Easement Area; construct any obstructions on said Easement Area; or diminish or substantially add to the ground cover of said Easement Area. Fences and/or trees placed in the Easement Area without Beneficiary approval may be removed by the Beneficiary without compensation or replacement. 4. Nothing in this Agreement shall be construed to impose a requirement on the Owner to install the original improvements at issue herein. Nor shall the Beneficiary be deemed acting as the Owner’s agent during the original construction and installation of said improvements, or maintenance and repair of the improvements. 5. This Agreement shall inure to the benefit of and bind the successors and assigns of Owner and Beneficiary and all covenants shall apply to and run with the land and with the title to the land. Executed on the date set forth opposite each signature below. OWNER: CLEAR CREEK AMANA COMMUNITY SCHOOL DISTRICT By ____________________________ G. STEPHEN SWENKA, School Board President April 12 2017