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-?- <br />. nov U4 U:1 Uy: aba <br />EXHIBIT I <br />p. 2 <br />PERMANENT MA.IlYTENAI'dCE EASEIVI[ENT FOR'I'RA.FFIC <br />CUNTRUL EQUIPMENT ON LAND CONVEYED TO KCHGC, INC. <br />This non-exclusive sub-surface easement, graated this jT"' day af <br />4' 20d4by KCHGC, Inc., hereinafter called "Grantor," to the City of <br />14orth 4lmsted, Ohiv, hereinafter called "Grantee," 5200 Dover Cemer Road, Nprth <br />C}lmsted, Ohio 44070 <br />WITNE35ETH: <br />That Gra.ntor, for and in consideration of the mutual premises and covenants hereiq and <br />other good consideration, does hereby give, grant, convey, and release to the said <br />Grantee, or its duly authorized agents or contractors, pennission to enter uporz its iand <br />defined by County Auditor as Pennvient Parcel No. 232-25-435 and use that part labeled <br />"Easernerrt Area" aud a? described in Exhibit A, attached hereto, only for the gurpose of <br />installing and maintaining traffic controi equipmem, sabject to conditions (a), (b), (c) and <br />(d) bel.ow: <br />(a) Whenever the exercise of this easement right results in the disiurbing of <br />the surface of the easemern properry, said surface shall, as soon as <br />reasonably possible, be restored by Grantee at Grantee's cost and expense <br />and returned to substantially its same conditioa which existed priar to said <br />exercise of said easement right. <br />(b) Grantor reserves the right for itself and iis successors and assigns to <br />occupy and use the within described easement premises for any and ail <br />purposes whatsoever not inconsistent with this easemern_ <br />(c) Grantor reserves the right, at Cxrantor's expe.ase, to relocate the easement <br />premises and the fiacilities installed therein provided the relocated <br />easement can reasonably be used For its intended purpose by Grarrtee. <br />Grantor may exercise this right by giviag Crrantee sixty (60) days prior <br />written notice of the inLention to relawe the easement. <br />(d) Grarnee, for itseif and its successors and assigns, covenants with Crrantor, <br />its successors and assigns, that Grantee wiil defend and provide inswance <br />coverage to protect against any and all damages, injuries, losses, claizns, <br />demands and suits, which rnay arise by reason of the use of said easement <br />by Grantee, its successars, assigns, licensees, guests, invrtees, agenis, or <br />employees_ <br />F DD <br />N0i:4z L4 0,!.,,;??STED <br />t.J Et' T. <br />EN'G y?'%4E