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PERMANENT EASEMENT AGREEMENT
<br /> Corpoi-atior.
<br /> 6. Surface Installations in Permanent Easement. Grantor shall not construct or place any structure or building on any
<br /> part of the Permanent Easement.Any such structure or building constructed or placed on the Permanent Easement after
<br /> the date of this Agreement, may be removed by Grantee without liability for damages arising therefrom. If Grantor
<br /> constructs or places any structure or building within the Permanent Easement, Grantor shall reimburse Grantee for all
<br /> expenses associated with removing such structure or building. Such structures or buildings, which are prohibited on
<br /> the Permanent Easement, include, but are not limited to the following: dwellings, garages, barns, sheds, storage
<br /> structures of any kind, lean-tos, playhouses or other play structures, outbuildings, gazebos, hot tubs, swimming
<br /> pools,concrete patios,decks,dog rums,basketball/sports courts,retaining walls,posts,or poles.
<br /> Grantor reserves use of the Permanent Easement, whether longitudinal or otherwise, for installing pavement, curbs,
<br /> gutters, sidewalks, paved parking areas and associated curb cuts, paved driveways, fences (except fences which
<br /> cannot be reasonably removed and erected again such as stone,brick,or other masonry type fences or walls), low-
<br /> height landscaping,and sprinkler systems which are capable of being reasonably located by Grantee(the"Grantor's
<br /> Improvements");provided,however,that the exercise of such,rights, in the reasonable opinion of Grantee,does not
<br /> injure or interfere with,now or in the future,any of the rights provided to Grantee under this Agreement, including,
<br /> but not limited to,Grantee's rights of maintenance and reasonable access.
<br /> The foregoing notwithstanding, in no event shall Grantor:
<br /> (1)Construct or place, longitudinally along or otherwise within the Permanent Easement,any tree,underground
<br /> pipeline, cable, wire, conduit or other utility without the prior written consent of Grantee, which shall not be
<br /> unreasonably withheld or delayed;or
<br /> (2)Change,by excavation or filling,the present grade or ground level of the Permanent Easement by more than
<br /> one foot without the prior written consent of Grantee.
<br /> Grantor shall control and, to the extent reasonably necessary, prevent the construction or alteration within the
<br /> Permanent Easement or the Property of landfills, land excavations, water impoundments, and other land uses which
<br /> might endanger or interfere with any Improvements, including Grantee's rights of maintenance and reasonable
<br /> access.
<br /> If at any time the Grantor undertakes to construct or place improvements within the Permanent Easement that
<br /> necessitates the relocation, reconstruction, removal, or abandonment of any of the Improvements that are located
<br /> within the Permanent Easement.Grantor shall notify Grantee in writing of such necessity. If Grantee agrees that the
<br /> Improvements must be relocated, reconstructed,removed or abandoned,Grantor shall be responsible for the costs of
<br /> such relocation, reconstruction, removal or abandonment. If, as a result of Grantor's improvements, Grantee must
<br /> terminate the use and occupancy of all or part of the Permanent Easement,Grantor shall perform the following: (1)
<br /> provide at Grantor's sole expense a good and sufficient alternative easement for Grantee outside of the Permanent
<br /> Easement; or(2) reimburse Grantee through an appropriate written agreement for all costs incurred by Grantee to
<br /> acquire an alternative, adequate easement as determined by Grantee; and 3) reimburse Grantee for all costs of
<br /> relocating,reconstructing,removing or abandoning its Improvements.
<br /> 7. Surface Restoration to Land. Grantee shall repair or reimburse Grantor for the reasonable cost of repair for any
<br /> physical damage done by or resulting from actions or operations of Grantee to Grantor's property outside the Permanent
<br /> Easement. Grantee shall repair or replace damaged property or reimburse Grantor for the reasonable cost of repair or
<br /> replacement of physical damage to growing crops,livestock,grazing land,and Grantor's Improvements whether within
<br /> or without the Permanent Easement caused by laying,repairing, replacing, maintaining or removing of Improvements.
<br /> Grantee,in constructing, maintaining or altering the Improvements,shall promptly restore,replace,or repair the surface
<br /> to the original condition as near as may be reasonably possible. Notwithstanding the foregoing, Grantee shall not be
<br /> liable for damage to structures;buildings,or any other articles whatsoever, constructed, installed,or otherwise existing
<br /> on the Permanent Easement in violation of the terms of this Agreement, including, but not limited to, any tree(s)which
<br /> interfere with the Improvements or the rights granted herein.
<br /> & Maintenance of Permanent Easement. Grantee shall have the right from time to time to cut, trim, control, and
<br /> remove trees,brush and other obstructions which injure or interfere with the Grantee's use,occupation or enjoyment of
<br /> the Permanent Easement and the operation, maintenance,repair and patrolling of the Improvements without liability for
<br /> damages arising therefrom.
<br /> 9. Subjacent and Lateral Support. Grantor shall not impair the lateral or subjacent support for the Improvements,
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