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��-- _ .. <br /> condition for the purpose granted herein and reasonably free and clear of foreign objects, debris <br /> and obstructions. <br /> 3. Liabilitv and Indemnification• Insurance. The City hereby agreed to indemnify <br /> and save the Owner harmless from and against any and all suits, demands, liabilities, costs, and <br /> other expenses, including reasonable attorneys' fees, incurred in connection with or arising out <br /> of the use of the Easement Area by the City, its contractors and agents or the general public for <br /> the purposes granted herein, excluding, however, from such indemnity any loss resulting from <br /> acts of Owner and his invitees. The City shall be responsible for obtaining and maintaining <br /> public liability insurance over the Easement Area in such limits as City, in its sole discretion, <br /> deems reasonable and sufficient. <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 <br /> or walls, or other obstructions by Owner which would interfere with, or <br /> which would otherwise obstruct access to the Public Improvement in any <br /> manner by Owner. <br /> b. Owner has the lawful right and authority, without restriction, to convey <br /> the easements as herein granted, that the Easement Area is not subject to <br /> any other interest other than the interests of Owner. <br /> c. The Easement Area is embraced wholly within 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 Easements. 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 /> TRANSFER ENTERED <br /> N�tiM�PW C0:1NTY TAXPAYER S�AYIG�B <br /> APR t R <br /> " SY <br /> � .,,;; <br /> . <br />