2016-128 Ordinance - Laserfiche WebLink

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maintenance of said equipment, Grantee shall be solely responsible for and bear the entire financial cost of any maintenance, repair or replacement of said equipment, including any and all excavation or restoration work related thereto. Should, however, Grantor fail or refuse to cooperate with Grantee's inspection and maintenance requirements, Grantee reserves the right - of -entry and easement to perform the maintenance, repair or replacement of said equipment, at Grantees' sole expense. Whenever the exercise of this easement right results in the disturbing of the Premises, Grantee shall, as soon as reasonably possible, through the use of all reasonable efforts, maintain ingress and egress to the municipal right of way upon and through the driveway served by such traffic control equipment and signalization. Grantee's right -of -entry shall include disturbance of the said driveway area, if necessary, to effectuate such maintenance, repair or replacement; Grantee shall be solely responsible for the entire cost of any such disturbance or excavation of the Premises. Whenever maintenance or work of any kind is performed on the Premises under the terms of this easement, the Grantee shall bear the entire cost of and accept full responsibility for restoration of the Premises or their environs to their original topographical condition. The Grantor hereby reserves the right to use the Premises for the passage or transportation of personnel, materials or equipment, and to make such other use of the Premises as is not expressly prohibited by or inconsistent with the terms of this easement. Grantor agrees to keep the Premises free of materials, equipment, vehicles, trees, shrubbery, and any other obstructions that would interfere with Grantees' access to or maintenance of the traffic control equipment. Grantor shall maintain the grass and landscaping on and around the Premises without interference with the equipment or facilities. The Grantor and the Grantees mutually agree that neither the recording of this instrument nor its acceptance by the Grantee shall be construed as a dedication of the premises or an agreement by the Grantee to accept the premises for dedication for public use as a street. The Grantor covenants with the Grantees that it is well seized of the Premises as a good and indefeasible estate in fee simple and has the right to grant and convey the Premises in the manner and form above written. The Granto> further covenants that he will warrant and defend the Premises with the appurtenances thereunto belonging to the Grantees against all lawful claims and demands whatsoever for the purposes described herein. TO HAVE AND TO HOLD the above granted easement, right-of-way and traffic control equipment installed by the Grantee, for the purposes above mentioned, unto the Grantee forever. IN WITNESS WHEREOF, the undersigned have hereunto set their hands: Signed in the presence of Witnesses: North Olmsted Board of Education (Grantor) Witness Witness Dr. Michael E. Zalar, Superintendent 2