R2000-137 GRANTING A PERMANENT EASEMENT

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her, their, or its successors may construct flood control facitities a modfications tn the levee, as may be required,to protect the public's heaith, safety and weffare, or use said strip of land for driveway, parking area, growing crops, fence or lawn improvements, as long as such use does not prohibit, damage, or unreasonably intertere with the use and purposes of said easement, or access by the I District for its use and purposes. (2) The District shall have the right and obligation to restore the surface of that part af the property herein described used for construction purposes, to its original grade and to re-seed any disturbed areas which were used as lawns, pastures and greernvays at the time of this easement. (3) Any fence or other improvement not inconsistent with this easement which was located on the area covered by this easement, but which is moved or disturbed during construction, shall be restored as nearly as possibie to its condition immediately prior to construction, at the expense of the District. (4) The District shall make reasonable effort to preserve any trees, shrubbery, or other items of landscaping during construction, but the District shall have the right to remove, without obligation to replace, trees and shrubbery within the area covered by the permanent easement where such removal is reasonably necessary to the economical construction, reconstruction, or repair of the bike trail and for the access of equipmerit, but wilf pay for reasonable damages to lawn, omamental shrubs, trees and other landscaping. (5) Said bike trail and all facilities used or useful in connection therewith shall be installed and mai�ained at District's sole risk and expense,with due diligence and in a wortcmanlike manner, and District shall indemnify and save Grantor(s)harmless from any loss, damage, or injury to person or property arising out of the DistricYs operations hereunder, except such as may directly result from the negligence of Grantor(s). (6) lliis Agreement contains alt the terms and conditions agreed upon by the parties and no other agreements, oral or otherwise, shall be deemed to exist. Grant of Easement BGM Page 3 of 6