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<br />VOL. 95-04220 PAGE
<br />1f the Grantor desires to alter the premises in any way other than is expressly permitted herein, he must
<br />obtain the prior written approval of the Grantees. Upon receipt of such approval, the Grantor shall at his own
<br />expense relocate or reconstruct all or any portion of the water main and appurtenances which are affected by such
<br />alteration and, where necessary, grant a new easement of not less than thirty (30) feet in width under the same
<br />terms and conditions as herein provided. The relocated or reconstructed water main and appurtenances shall,
<br />upon completion, and approval by the Grantees, become the property of Grantee, (City, ~g~Qgt~Q~~) of
<br />North Olmsted
<br />If the Grantor violates any of the provisions of this easement, the Grantees, either jointly or separately
<br />and at the expense of the Grantor, may enter upon the premises and discontinue water service or make such
<br />alterations as are necessary to bring the premises into compliance with the provisions of this easement.
<br />Whenever maintenance or work of any kind is performed on the premises under the terms of this
<br />easement, the Grantees, jointly and separately, shall bear no responsibility for restoration of the premises or their
<br />environs to their original topographical condition.
<br />The Grantor indemnified and holds harmless the Grantees form any and all damage, injury or loss to any
<br />person or property caused by, related to or resulting from any leaks in the water main or appurtenances or the
<br />maintenance, construction, reconstruction or relocation of said main or appurtenances, other than damage, injury
<br />or loss caused by, related to or resulting from the sole negligence of the Grantees. The Grantor further
<br />indemnifies and holds harmless the Grantees form any and all expense incurred and damage to the water main and
<br />appurtenances caused by, related to or resulting from the Grantor's construction or maintenance of any paving,
<br />walks, switch tracks, tunnels, sewers, ducts, pipes or pole lines within or upon the premises or from any other use
<br />of the premises by the Grantor.
<br />The Grantor hereby reserves the right to use the premises for the passage or transportation of personnel,
<br />materials or equipment, and to make such other use of the premises as is not expressly prohibited by or
<br />inconsistent with the terms of this easement.
<br />The Grantor further agrees that since the water main to be installed on the premises is for circulation
<br />purposes only, no service connections or hydrants shall be connected to it at any time, and that divisional valves
<br />of the same size as the water main shall be installed at each longitudinal end of the premises. In the event of
<br />leakage or a break in the main, the Division of Water will close the divisional valves and take out of service that
<br />portion of the main which traverses the premises until it is repaired by and at the expense of the Grantor or the
<br />suburban authority.
<br />The Grantor and Grantees mutually agree that neither the recording of this instrument nor its acceptance
<br />by the Grantees shall be construed as a dedication of the premises or an agreement by the Grantees to accept the
<br />premises for dedication for public use as a street.
<br />The Grantor covenants with the Grantees that it is well seized of the premises as a good and indefeasible
<br />estate in fee simple and has the right to grant and convey the premises in the manner and form above written. The
<br />Grantor further covenants that he will warrant and defend the premises with the appurtenances thereunto
<br />belonging to the Grantees against all lawful claims and demands whatsoever for the purposes described herein.
<br />TO HAVE AND TO HOLD the above granted easement, right-of-way, water lines, appurtenances and
<br />additions installed by the Grantor, for the purposes above mentioned, unto the Grantees forever.
<br />IN WITNESS WHEREOF, the undersigned have hereunto set their hands at
<br />j'JJor~y, OlwtS-~-c-~ ~ Ohs o this 2,2 ~ day of
<br />S P r~ ~-eM b~ , 199.
<br />Signed in the Presence of: GRANTOR:
<br />~tiL GR TH P
<br />G N N
<br />c,E,~,va~o c~sr By'
<br />niel E. Biskind
<br />This Instrument Prepared By: Managing General Partner
<br />J~e.;tmour D. Weiss & Associates, Inc.
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