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building, constructing, erecting, removing or enlarging any building,
erection, structure, or other improvement now or hereafter placed in, upon,
over or under the Lands other than the Right of Way Area as the Grantor
may require or may deem expedient, and extending, repairing, cleaning,
Inspecting and replacing the same as may be deemed necessary or
expedient; and

(2) to construct, maintain, repair, renew or enlarge landscaped areas upon the Right
of Way Area, not occupied or required for the Works.

Covenants of the Grantor

The Grantor shall:

(1) not do or permit to be done any act or thing which in the opinion of the City may

interfere with, injure or impair the operating efficiency of, or obstruct access to or
the use of the Right of Way Area or to the Works;

(2) allow the City to trim or, if necessary, cut down any tree or other growth on the
Right of Way Area which in the opinion of the City constitutes or may constitute a
danger or obstruction to those using the Right of Way Area or to the Works;

(3) permit the City, and every member of the public to peaceably hold and enjoy the
rights granted in this agreement.

Covenants of the City

The City shall:

carry out the Works ina Good and workmanlike manner in order to cause no
I

urinecessary damage or disturbance to the Grantor, the Lands or any
improvement or chattels on the Lands;

not bury, without the prior written consent of the Grantor, debris or rubbish in
excavations or backfills:

remove shoring and like temporary structures as backfilling proceeds;

rake up all rubbish and construction debris it creates in order to leave the Right of
Way Area in a reasonably neat and clean condition; and

not be unreasonable in any of its opinions formed under this agreement.
iscellaneous

All chattels and fixtures installed by the City in the Right of Way Area are and
shall remain owned by the City, any rule of law or equity to the contrary
notwithstanding.

Notwithstanding anything herein contained the City reserves the right and

powers otherwise enjoyed by the City, including without limitation the power of
expropriation.

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