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Ni 1■111111•111111•■ V Return to: Ronald S. Depue P.O. Box 460 Grand Island, NE 68802 RECITALS: EASEMENT AGREEMENT This Easement Agreement is made and entered into this t (lay of 2017, by and between The Village of Cairo, a Nebraska Municipal Corporation ("Gm Rathke Development, LLC, a Nebraska limited liability company ("Grantee"). N) rn -C CD C.11 C=1 CA) rN) IN) and WHEREAS, Grantor owns the property legally described as Lot One (1) Centura Hills East Third Subdivision and Lot Three (3), Centura Hills East Second Subdivision both in the Village of Cairo, Hall County, Nebraska ("Grantor's Property"); and WHEREAS Grantee owns the property known and operated as Centura Hill Golf Course, legally described on attached Exhibit "A" ("Grantee's Property"); and WHEREAS several underground water and sprinkler lines, trace wires and drain lines, cart paths, access drives and tee boxes ("Improvements ") exist upon Grantor's Property which are currently used for the operation of the golf course on Grantee's Property; and WHEREAS Grantee desires to continue to use and have access to the Improvements and Grantor is willing to grant such access upon the terms and conditions set forth herein. NOW THEREFORE, IT IS AGREED by and between the parties as follows: 1 Grantor hereby grants to the Grantee an Easement to maintain, repair, replace, remove, operate, and use the Improvements to serve Grantee's Property, along with the right to enter the Grantor's Property for purposes of inspecting, maintaining, repairing, replacing, removing, operating, and using the Improvements. 2. It is understood and agreed that Grantee and its customers may use the Improvements at their own risk. Grantee hereby waives any claims for damages against Grantor, its officers, agents, employees and representatives for any damage or injury that may result through use of the Improvements. Grantee shall indemnify Grantor for any and all claims of personal property damage or personal injury occurring as a result of the use of the Improvements and shall provide liability insurance, with limits not less than $1,000,000.00, listing Grantor as an additional insured. 3. Grantee shall be responsible to maintain the Improvements, but shall construct no additional improvements on the Grantor's Property without Grantor's prior written consent. 4. This Easement shall be permanent and shall be appurtenant to and run with the Grantor's Property and the Grantee's Property so long as Grantor's Property operated as a public golf course. The grant of this Easement shall also be binding upon the heirs, executors, administrators, successors and assigns of Grantor and Grantee. IN) • 6 0