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4. Restoration. After maintenance, repair, reconstruction or construction of the <br />Public Improvement, the City shall return the area it disturbs within the Temporary <br />Easement Area, to grade and seed the same. <br />Liability and Indemnification; Insurance. The City hereby agrees to indemnify <br />and save the Owner harmless from and against any and all suits, demands, <br />liabilities, costs and other expenses, including reasonable attorneys' fees, incurred <br />in connection with or arising out of the use of the Temporary Easement Area and <br />the Permanent Easement Area (collectively the "Easement Areas") by the City, <br />its contractors and agents or the general public for the purposes granted herein, <br />excluding, however, from such indemnity any loss resulting from acts of Owner <br />and his invitees. The City shall be responsible for obtaining and maintaining public <br />liability insurance over the Permanent Easement Area in such limits as City, in its <br />sole discretion, deems reasonable and sufficient. <br />6. Owner's Covenants. Owner covenants and agrees that:, <br />a. The Permanent Easement Area shall not be encroached upon by fill, <br />excavation, paving or concrete, erection of buildings or permanent <br />enclosures, fences or walls, or other obstructions by Owner which would <br />interfere with, or which would otherwise obstruct access to the Public <br />Improvement in any manner by Owner. Notwithstanding the foregoing, <br />Owner reserves the right to construct a driveway or driveways which may <br />cross over the Permanent Easement Area. <br />b. The Temporary Easement Area shall not be obstructed or interfered with <br />by Owner during the construction of the Public Improvement. <br />C. Owner has the lawful right and authority, without restriction, to convey the <br />easements as herein granted, that the Easement Areas are not subject to <br />any other interest other than the interests of Owner and Louise W. Otten, a <br />mortgagee on the Property who has consented to this Agreement, and that <br />the Easement Area is embraced wholly within the Property. <br />7. Binding Effect. The terms, provisions and easements provided herein shall inure <br />to the benefit of and be binding upon the heirs, legal representatives, successors <br />and assigns of the Owner. The covenants, agreements and easements contained <br />herein shall be deemed to run with, burden and benefit the Property. <br />Termination of Easements. In the event that use of the Permanent Easement <br />Area is at anytime discontinued by the City, the City shall remove all or any <br />portion of the Public Improvement which has been placed upon, over or under the <br />Permanent Easement Area, and shall, if requested by the Owner, record a <br />termination of this easement agreement. <br />2 <br />