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for and bear the entire financial cost of any maintenance, repair or replacement of said <br />equipment, including any and all excavation or restoration work related thereto. Should, <br />however, Grantor fail or refuse to cooperate with Grantee's inspection and maintenance <br />requirements, Grantee reserves the right -of -entry and easement to perform the maintenance, <br />repair or replacement of said equipment, at Grantees' sole expense. <br />Whenever maintenance or work of any kind is performed on the Premises under the terms <br />of this easement, the Grantee shall bear the entire cost of and accept full responsibility for <br />restoration of the Premises or their environs to their original topographical condition. <br />The Grantor hereby reserves the right to use the Premises and to make such other use of the <br />Premises as is not expressly prohibited by or inconsistent with the terms of this easement. <br />Grantor agrees to keep the Premises free of materials, equipment, vehicles, trees, shrubbery, and <br />any other obstructions that would interfere with Grantees' access to or maintenance of the traffic <br />control equipment. Grantor shall maintain the grass and landscaping on and around the Premises <br />without interference with the equipment or facilities. <br />The Grantor and the Grantee mutually agree that neither the recording of this instrument <br />nor its acceptance by the Grantee shall be construed as a dedication of the premises or an <br />agreement by the Grantee to accept the premises for dedication for public use. <br />The Grantor covenants with the Grantees that it is well seized of the Premises as a good <br />and indefeasible estate in fee simple and has the right to grant and convey the Premises in the <br />manner and form above written. The Grantor further covenants that he will warrant and defend <br />the Premises with the appurtenances thereunto belonging to the Grantees against all lawful <br />claims and demands whatsoever for the purposes described herein. <br />TO HAVE AND TO HOLD the above granted easement, right-of-way and traffic control <br />equipment installed by the Grantee, for the purposes above mentioned, unto the Grantee forever. <br />IN WITNESS WHEREOF, the undersigned have hereunto set their hands: <br />Signed in the presence of Witnesses: Zapata Real Estate, LLC. (Grantor) <br />Witness <br />Witness <br />City of North Olmsted, OH (Grantee) <br />Witness <br />Witness Kevin M. Kennedy, Mayor <br />2 <br />