CCP 03062023 - Laserfiche WebLink

Home

Grantee’s reasonable judgment unreasonably interfere with the Easement. Grantee will restore the property affected by its work within the Easement Area to the general condition that it was in prior to the work being performed. All restoration will be completed no later than the expiration date of this Instrument. Grantor will not erect, construct, or create any building, improvement, obstruction, or structure of any kind within the Easement Area during the term of this Easement, either above or below the surface without the express written permission of Grantee. 4. Warranty of Title. Grantor warrants that it is the fee owner of the Property and has the right, title, and capacity to convey to Grantee the easement hereinsubject to the rights of the mortgagee under the mortgage recorded against the property. 5. Environmental Matters. Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorneys’ fees, or losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the Easement Area or the Property prior to the date of this Instrument. 6. Damage, Liens and Indemnity. Grantee is responsible for payment for all inspections, tests, surveys, engineering reports and any other work performed by Grantee or at Grantee’s request in, under or on the Easement Area (the “Work”), and shall pay for any damage that occurs to the Property or Easement Area as a result of such Work or as a result of the use or maintenance of the lift station facilities. Grantee shall not permit claims or liens of any kind against the Property for Work performed on the Property by Grantee or at Grantee’s request. Grantee hereby indemnifies, protects and holds Grantor harmless from and against any liability, damage, cost or expense incurred by Grantor and caused by any such Work, claim, or lien, or the use and maintenance of the lift station facilities. This indemnity includes Grantor’s right to recover all costs and expenses incurred by Grantorto defend against any such liability, damage, cost or expense, or to enforce these provisions, including Grantor’s reasonable attorney and legal fees. The provisions of this paragraphshall survive the termination of the easement. 7. Binding Effect. The terms and conditions of this Instrument shall run with the land and be binding on Grantor, its successors and assigns. 8. Term. The Easement granted herein shall expire on July 21, 2024. STATE DEED TAX DUE HEREON: NONE \[Signatures on following page.\] RS160-1-853893.v1 2