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7� 'h f rri ti MENT AND EASEMENT C WATER DETENTION FACILITY STc ,cm KNOW ALL MEN BY THESE PRESENTS: AU •-�o That INDIAN HEAD GOLF CLUB INC. hereinafter referred to as "GRANTOR ", for and in consideration of the sum of ten and no /100ths dollars ($10.00) and other valuable consideration, the receipt of which is hereby acknowledged, does hereby grant and convey to THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY hereinafter referred to as "GSS ", and to its successors and assigns, a permanent easement to access, inspect and maintain, if necessary, the storm water detention facility constructed by the GRANTEE in the event that the GRANTOR does not adequately and effectively maintain the storm water detention facility, and appurtenances thereto, in throughout, on and under the parcel of land depicted on Exhibit "A ", and to retain . the storm water present to the extent needed to meet the required storage volume required by the City of Grand Island and hereinafter referred to as "DETENTION EASEMENT". The scope and purpose of the foregoing permanent easement is to grant GSS (i) ability to access, inspect, maintain, if necessary, the storm water detention facility constructed by GSS and maintained by the GRANTOR within the DETENTION EASEMENT including all necessary and related appurtenances, and (ii) the detention of storm water runoff, which acts of GSS will not relieve GRANTOR of it's primary responsibility to maintain the same. TO HAVE AND TO HOLD unto "GSS ", its successors and assigns. The GRANTOR may, following construction of such storm water detention facility, continue to use the surface of the "DETENTION EASEMENT" including all other purposes subject only to the right of "GSS" to use the same for the purpose herein expressed. It is further agreed as follows: That no buildings, improvements, or other structures shall be placed in, on, over, or across the "DE'T'ENTION EASEMENT" by GRANTOR, or its successors and assigns without the expressed approval of GSS except however by landscaping, lawn irrigation systems, roads, sidewalks, parking area surfacing, parking lot lighting, communication duct banks, pneumatic communication tubes, sanitary sewer service crossings and pavement may be installed in the area of the DETENTION EASEMENT if there is no potential storm water displacement. Such permitted improvements shall be maintained by the GRANTOR and its successors and assigns. That GSS shall cause the DETENTION EASEMENT to be left in a neat and orderly condition if it enters the same. This Easement is also for the benefit of any contractor, agent, employee, or representative of GSS. That said GRANTOR for itself and its successors and assigns does confirm with GSS and its successors and assigns, that the GRANTOR is seized in fee of the DETENTION EASEMENT and that it has the right to grant and convey this easement in the manner and form aforesaid, and that it will warrant and defend this DETENTION EASEMENT to the GSS and its successors and assigns against the lawful claims and demands of all persons. This permanent DETENTION EASEMENT runs with the land. That this DETENTION EASEMENT is granted upon the condition that GSS may remove or cause to be removed all presently existing improvemerrts thereon, including but not limited to, crops, vines, and trees within the DETENTION EASEMENT as necessary for maintenance. GSS agrees to maintain the storm water detention facility for a period of one year after completion of construction. Thereafter GRANTOR. and its successors and assigns does hereby agree to mow and perform routine maintenance of the detention facility as needed. GSS shall have the right to perform preventative and scheduled maintenance of such detention facility as needed to assure proper operation of the facility. GRANTOR shall provide temporary right -of -way and access easements to GSS upon written proper notice in order for GSS to perform such maintenance. Said temporary easements and right -0f - -way shall be at no cost to GSS. That the parties and their assigns indemnify and hold each other harmless from claims, inchrding reasonable attorney's fees, for negligent acts and omissions in the use of the Detention Easement and will carry appropriate general liability insurance naming the other party to cover said claims. That this DETENTION EASEMENT contains the entire agreement of the parties: that there are no other different agreements or understandings between the GRANTOR and GSS, and that GRANTOR, in executing and delivering this DETENTION EASEMENT, has not relied upon any promises, inducements or representation of GSS or its agents or employees, except as are set forth herein: ,in a fi cA 1 'M C, `': q7 Z...:T: 1'r� ..: r >- co Gra Cr? C cri C"r7 O AU •-�o That INDIAN HEAD GOLF CLUB INC. hereinafter referred to as "GRANTOR ", for and in consideration of the sum of ten and no /100ths dollars ($10.00) and other valuable consideration, the receipt of which is hereby acknowledged, does hereby grant and convey to THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY hereinafter referred to as "GSS ", and to its successors and assigns, a permanent easement to access, inspect and maintain, if necessary, the storm water detention facility constructed by the GRANTEE in the event that the GRANTOR does not adequately and effectively maintain the storm water detention facility, and appurtenances thereto, in throughout, on and under the parcel of land depicted on Exhibit "A ", and to retain . the storm water present to the extent needed to meet the required storage volume required by the City of Grand Island and hereinafter referred to as "DETENTION EASEMENT". The scope and purpose of the foregoing permanent easement is to grant GSS (i) ability to access, inspect, maintain, if necessary, the storm water detention facility constructed by GSS and maintained by the GRANTOR within the DETENTION EASEMENT including all necessary and related appurtenances, and (ii) the detention of storm water runoff, which acts of GSS will not relieve GRANTOR of it's primary responsibility to maintain the same. TO HAVE AND TO HOLD unto "GSS ", its successors and assigns. The GRANTOR may, following construction of such storm water detention facility, continue to use the surface of the "DETENTION EASEMENT" including all other purposes subject only to the right of "GSS" to use the same for the purpose herein expressed. It is further agreed as follows: That no buildings, improvements, or other structures shall be placed in, on, over, or across the "DE'T'ENTION EASEMENT" by GRANTOR, or its successors and assigns without the expressed approval of GSS except however by landscaping, lawn irrigation systems, roads, sidewalks, parking area surfacing, parking lot lighting, communication duct banks, pneumatic communication tubes, sanitary sewer service crossings and pavement may be installed in the area of the DETENTION EASEMENT if there is no potential storm water displacement. Such permitted improvements shall be maintained by the GRANTOR and its successors and assigns. That GSS shall cause the DETENTION EASEMENT to be left in a neat and orderly condition if it enters the same. This Easement is also for the benefit of any contractor, agent, employee, or representative of GSS. That said GRANTOR for itself and its successors and assigns does confirm with GSS and its successors and assigns, that the GRANTOR is seized in fee of the DETENTION EASEMENT and that it has the right to grant and convey this easement in the manner and form aforesaid, and that it will warrant and defend this DETENTION EASEMENT to the GSS and its successors and assigns against the lawful claims and demands of all persons. This permanent DETENTION EASEMENT runs with the land. That this DETENTION EASEMENT is granted upon the condition that GSS may remove or cause to be removed all presently existing improvemerrts thereon, including but not limited to, crops, vines, and trees within the DETENTION EASEMENT as necessary for maintenance. GSS agrees to maintain the storm water detention facility for a period of one year after completion of construction. Thereafter GRANTOR. and its successors and assigns does hereby agree to mow and perform routine maintenance of the detention facility as needed. GSS shall have the right to perform preventative and scheduled maintenance of such detention facility as needed to assure proper operation of the facility. GRANTOR shall provide temporary right -of -way and access easements to GSS upon written proper notice in order for GSS to perform such maintenance. Said temporary easements and right -0f - -way shall be at no cost to GSS. That the parties and their assigns indemnify and hold each other harmless from claims, inchrding reasonable attorney's fees, for negligent acts and omissions in the use of the Detention Easement and will carry appropriate general liability insurance naming the other party to cover said claims. That this DETENTION EASEMENT contains the entire agreement of the parties: that there are no other different agreements or understandings between the GRANTOR and GSS, and that GRANTOR, in executing and delivering this DETENTION EASEMENT, has not relied upon any promises, inducements or representation of GSS or its agents or employees, except as are set forth herein: