4, it is mutuaily understood, agreed and declared by and
between the parties that the Easement shail be construed as
running with Lot 1, and that no part af the fee of the soil
thereof shai | pass to or be vested In the Grantee under or by
virtue of these presents and that the Grantee may fully use ana
enjoy the Easement subject only to the rights and restrictions
herein provided.

6. No bulldings, improvements, fixtures or Installations
of any kind whatsoever may be bulit, created, instailed or
deposited on the Easement Aréa except such pavement or asphait
reasonably required for a paved roadway.

6. The Grantee shall keep the Easement Area in good order
and repair and shail be responsibie for all costs or payments
associated with the censtruction, maintenance or repair of the
improvements tocated or to he jocared in the Easement Area

Including tne paved roadway.

7. The Grantee shail indemnify and keep Indemnified the
Grantor from and against all liability, actions, proceedings,
costs, claims and demands whatsoever that may be lawfully brought
against the Grantor by reason of anything done by the Grantee or
other persons authorize! by the Grantee In the exercise of the

rights hereby granted.

8. The Grantee shail obtain and maintain in force
comprehensive general llabi!ity Imsurance over the Easement Area
in such amounts and on such terms and conditions and wlth such
Insurer as may be reasonably specified by the Grantor suffictent
to indemnify the Grantor from and against any claim made pursuant
to paragraph 7 of this Agreement. The Grantee shall deilver toa
the Grantor from time to time capies of current policies or
certificates or other proof as may be required by the Grantor to
establish the Grantee’s Insurance coverage In effect from time to
time and the payment of premiums thereon. [In afl Insurance
policies the Grantor shail be a named Insured and there shail be
included a severablility of Interest ciause and a cross-llablility
endorsement and shal! contain a waiver of subrogation against the
Grantor.

9. The Grantor, Grantee and the Clty shai! execute and
dellver at the request of another party such further documents,
Inst-uments and assurances and shail do and perform such acts as
may be necessary to give full effect to the Intent of this
Agreement and to permit registration of this Agreement at ail
proper afflices of record.

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