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outlet facilities, or other public facilities or improvements of any type that are <br /> not inconsistent with public drainage, utility and ponding use; and (2) grade, <br /> level, fill, drain, pave, excavate and dredge the Drainage, Utility and Ponding <br /> Easement Area; and (3) cut, trim or remove trees, bushes, undergrowth, and <br /> other obstructions interfering with the location, construction, and maintenance <br /> of the Drainage, Utility and Ponding Easement or Drainage, Utility and Ponding <br /> Easement Area. The Drainage, Utility and Ponding Easement also includes a <br /> reasonable right of access over and across the Property, including any areas not <br /> improved with buildings, as necessary to gain access to the Drainage, Utility <br /> and Ponding Easement for purposes of exercising the City's rights under the <br /> Drainage, Utility and Ponding Easement. <br /> 4. Duration of Easement. The Easements are permanent and remain in effect until <br /> vacated by the City. <br /> 5. Warranty of Grantor. The Grantor, for itself, its successors, and assigns, warrants <br /> that it is the owner of a fee simple interest in the Property, that it has the right to grant the <br /> Easements, that there are no unrecorded interests in Easement Areas; and it will indemnify and <br /> hold the City harmless for any breach of the foregoing warranty. <br /> 6. The attached Exhibit A,Exhibit B,Exhibit C and Exhibit D are incorporated into <br /> and made a part of this instrument. <br /> [Remainder of page intentionally left blank. <br /> Signature page follows.] <br /> 235928v3 <br /> 3 <br />