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201 203�di
<br />Together with the following rights, namely, unrestricted ingress and egess under, over, and across such
<br />land for the purpose of exercising the rights herein granted to fumish, install, maintain, operate and replace
<br />landscape items and appurtenances at the non-surfaced areas adjacent to Second Street as constructed under
<br />the Second Street Widening Project. This shall include: initial planting of shrubs, trees, and flower beds;
<br />fertilizing, mulching, and trimming of grasses, shrubs, and trees on a regular basis; construction, operation
<br />and maintenance of an irrigation system for the plantings including all necessary water meters, valves,
<br />backflow devices, electrical items and enclosures; and furnishing, installing, and maintenance of landscape
<br />paving bricks. Any such plantings, irrigation systems and related appurtenances placed upon, over, and
<br />under such tracts of land shall remain the property of the Grantee and may be removed or replaced at any
<br />time. The Grantee shall be responsible for any damage, injury or loss to Grantor arising out of the
<br />Grantee's exercise of its rights hereunder.
<br />The Grantors, for themselves, their heirs, executors, administrators, successors, and assigns, hereby
<br />covenant that, except as otherwise provided herein, no buildings, fences, or structures shall be erected or
<br />permitted on said tract, that they will not remove or intentionally damage the plantings, irrigation system or
<br />other landscape appurtenance within the easement area, and that the easement herein granted shall run with
<br />the title to such tract of land and be binding upon the Grantors, their successors and assigns. The Grantee
<br />hereby acknowledges that certain Grantor improvements exist within this easement area as of the date of
<br />the grant of this easement, and the Grantors, for themselves, their heirs, executors, administrators,
<br />successors, and assigns will be allowed to use, maintain and repair said improvements including parking
<br />and drive access over all hard surfaced areas, parking lot light poles and existing signage included within
<br />this easement, and will retain the right to erect new business signs within the easement area subject to the
<br />approval of the City Of Grand Island and in compliance with all local ordinances and regulations. In
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