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EXISTING PERMANENT EASEMENT; THENCE S89 °50'38 "W ALONG A NORTH LINE OF SAID
<br />EXISTING PERMANENT EASEMENT A DISTANCE OF 10.00 FEET TO A NORTHERLY CORNER OF
<br />SAID EXISTING PERMANENT EASEMENT; THENCE S00 °09'22 "E ALONG A WESTERLY LINE OF SAID
<br />EXISTING PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO A NORTHERLY CORNER OF
<br />SAID EXISTING PERMANENT EASEMENT; THENCE S89 °50'38 "W ALONG A NORTH LINE OF SAID
<br />EXISTING PERMANENT EASEMENT A DISTANCE OF 65.82 FEET TO THE POINT OF BEGINNING.
<br />SAID TEMPORARY EASEMENT CONTAINS 2,619 SQUARE FEET MORE OR LESS.
<br />The public roadway, pedestrian facilities, and utilities, including but not limited to, sanitary sewers,
<br />storm sewers, water mains, electric utility poles, overhead and underground power lines, manholes,
<br />pipelines, communication facilities, natural gas facilities, surface markers, and other appurtenances and
<br />improvements, whether this Project or multiple projects affecting the above described Property, in
<br />connection therewith, shall be located on the Right of Way and Temporary Easement Areas
<br />approximately, as shown on Exhibit A, Right of Way Plans (Sheets R -1 thru R -10), attached hereto and
<br />incorporated herein.
<br />TERMS AND CONDITIONS
<br />201404177
<br />1. Grantor, on behalf of itself, its successors, and assigns hereby agree that, as of the Commencement
<br />Date, defined below, Grantee and /or Grantee Parties shall enjoy the non - exclusive privilege and
<br />easement of ingress and egress across that portion of the Property in any way they deem fit and for
<br />any purpose necessary in connection with the construction, installation, reconstruction, operation,
<br />maintenance, inspection and removal of the Project.
<br />2. Grantor shall not occupy, undertake any work on, or interfere with Grantee or Grantee's Parties' use
<br />of the Property except as defined below. Further, Grantor shall use its best efforts to ensure that
<br />third parties do not interfere with use of the Property by Grantee or Grantee Parties.
<br />3. Grantee shall have the right at any time to cut, trim or remove and properly dispose of such trees
<br />and shrubs as may in any way endanger or interfere with the safe operation of the Project's lines,
<br />underground facilities and equipment used in connection therewith. Such removal shall be replaced
<br />at or before the completion of the Project, as outlined in the RIGHT - OF-WAY, PERMANENT AND
<br />TEMPORARY EASEMENT AGREEMENT, dated August 2013.
<br />4. All maintenance of green space areas, if any, on the Property shall be the responsibility of Grantor
<br />according to Grantee's City Code. This includes the area along the concrete hike /bike trail. Grantee
<br />shall be responsible for snow removal on the concrete hike /bike trail. Grantor shall be responsible
<br />for snow removal on sidewalks according to Grantee's City Code.
<br />5. Subject to the conditions set forth herein below, Grantee agrees to pay Grantor and /or Grantor's
<br />lessee's, if any, as their respective interests may appear, to the reasonable satisfaction of Grantor
<br />and /or Grantor's lessee's, if any, (1) the amount of documented damages, calculated in a
<br />commercially reasonable manner, ingress and egress so as to interfere with customer access to the
<br />club and its recreational green space, to growing crops, fences, and buildings which are directly
<br />caused by the construction and installation of the Project and /or by Grantee's and /or Grantee
<br />Parties' activities within any of the Temporary Easement Areas; and (2) the amount of documented
<br />damages directly caused by Grantee's and /or Grantee Parties' activities to crops growing along the
<br />Temporary Easement Areas, with such damages calculated in a commercially reasonable manner
<br />and, where applicable, based upon the current crop in production at the time that damages occur.
<br />In such situation, Grantor and /or Grantor's lessee's shall be solely responsible for making a written
<br />claim for damages to Grantee prior to the date that is one hundred and eighty (180) days after the
<br />occurrence of such alleged damage (the "Damage Claim Deadline "), with such written claim
<br />accompanied by appropriate supporting documentation. After the Damage Claim Deadline has
<br />passed, Grantee and Grantee Parties shall have no liability whatsoever for damages not yet claimed
<br />by Grantor and /or Grantor's farm lessee, and Grantor shall defend, indemnify, and hold Grantee and
<br />Grantee Parties harmless from and against any and all damage claims related to the Temporary
<br />Easement Areas and /or Grantor owned land adjacent thereto. If Grantor and /or Grantor's lessee's
<br />make such a written claim to Grantee before the Damage Claim Deadline and the documentation
<br />accompanying the written claim is acceptable to Grantee, then Grantee shall reimburse Grantor
<br />and /or Grantor's lessee's an amount equal to the reasonable commercial value of the damage based
<br />on current market rates.
<br />VBEL AS /SBD — GIVH — City of Grand Island — Right of Way and (5) Temporary Easements Agreement (signal pole, ADA modifications, driveway relocation, grading,
<br />resurfacing) NIS Land #25ZZ00045L, #25ZZ00046L, Neb. Rev. Stat. §72 -818 Page 4 of 6
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