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2. Maintenance. The City shall maintain at its own expense the Easement Area. <br /> Said maintenance obligation shall include, without limitation, keeping the same in good and safe <br /> condition for the purpose granted herein and reasonably free and clear of foreign objects, debris <br /> and obstructions. <br /> , 3. Restoration. After maintenance, repair, reconstruction or construction of the <br /> Public Improvement, the City shall return the area it disturbs within the Easement Area to grade <br /> and seed the same. <br /> 4. Owner's Covenants. Owner covenants and agrees that: <br /> a. The Easement Area shall not be encroached upon by fill, excavation, <br /> paving or concrete, erection of buildings or permanent enclosures, fences or walls, or <br /> other obstructions by Owner which would interfere with, or which would otherwise <br /> obstruct access to the Public Improvernent in any manner by Owner. <br /> b. Owner has the lawful right and authority, without restriction, to convey the <br /> easements as herein granted, that the Easement Area is not subject to any other interest <br /> other than the interests of Owner and that the Easement Area is embraced wholly within <br /> the Property. <br /> 5. Bindin�Effect. The terms, provisions and easements provided herein shall inure <br /> to the benefit of and be binding upon the heirs, legal representatives, successors and assigns of <br /> the Owner. The covenants, agreements and easements contained herein shall be deemed to run <br /> with, burden and benefit the Property. <br /> 6. Termination of Easement. In the event that use of the Easement Area is at <br /> anytime discontinued by the City, the City shall have the right, but not the duty, to enter further <br /> upon the Easement Area and remove all or any portion of the Public Improvement which has <br /> been placed upon, over or under the Easement Area. <br /> 7. Partial Release of Easement. Within one yeaz from the date of this agreement, <br /> the City shall release any lands from the Easement Area which aze not required for future repair, <br /> maintenance or reconstruction of the Pub:ic Improvement. <br /> 2 <br />