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20120G36� hereinafter referred to as the "Temporary Construction Easement" as depicted on Exhibit "B" hereto; and WHEREAS, Grantor is willing to grant such Permanent Flood Easement and Temporary Construction Easement to the Grantee, its successors and assigns for the purposes of constructing, maintaining, repairing, operating, patrolling, and replacing a flood control dam and related structures to be situated in the bounds of the Permanent Flood Easement, subject to the condition that all obligations herein required are performed; THEREFORE, in consideration of the mutual covenants contained herein, it is agreed: 1. Convevance of Easements. For and in consideration of One Hundred Thirty- Three Thousand, Eight Hundred Eighteen Dollars and No/100 ($133,818.00) and other good and valuable consideration, the Grantor hereby grants and conveys unto the Grantee, its successors and assigns, the Permanent Flood Easement and Temporary Construction Easement upon those parcels of real estate as described in the recitals above. 2. Obli�ations of Grantee. Grantee, its heirs, successors and assigns, shall: (a) ensure that all spoil areas are covered with topsoil, seeded and mulched; (b) ensure that noxious weeds and tree growth in the waterway will be sprayed on an annual basis with the understanding that routine maintenance may be performed by Grantee or its co-sponsors, the City of Grand Island and Hall County; (c) replace any fencing that is removed during construction with four (4) barbwire strands with steel posts to be spaced at a distance of sixteen and one-half (16.5) feet; (d) ensure the dam and emergency spillway will be fenced with four (4) barbwire strands with steel posts to be spaced at a distance of sixteen and one-half (16.5) feet to keep livestock off of the dam and emergency spillway; (d) cause all construction equipment, construction materials, and foreign materials of whatever kind or description, not part of the completed floodway system are removed from Grantor's real estate to the Grantor's satisfaction; (e) shall ensure that, upon completion of the project, all construction equipment, construction materials, and foreign materials of whatever kind or description not a part of the completed project are removed from Grantor's real estate to Grantor's satisfaction. 3. Obligations of Grantor. Grantor, its heirs, successors and assigns, shall: (a) not allow livestock to graze on the Permanent Flood Easement Dam and Emergency Spillway area following the completion of the construction of said dam and spillway; (b) be required to maintain fencing, that will be supplied by Grantee in accordance with Section 2(d) of this Agreement, to prevent intrusion by livestock into said Permanent Flood Easement Dam and Emergency Spillway area; and (c) not allow any structures, buildings, or other property of any kind whatsoever, to be erected, constructed, placed, stored or accumulated in, up, above, along, over, across, or through the easement herein granted. 4