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• <br />2. Flodins represent that they are well seized in fee title of the Easement Parcel, <br />subject to the vendee's interest of Garfield Street; and that they do not know of any unrecorded <br />interests in the Easement Parcel, except the rights of any tenants in possession pursuant to <br />unrecorded residential leases with Garfield Street. Flodins and Garfield Street have the sole right <br />to grant and convey the easement to Grantee. Flodins will indemnify and hold the City harmless <br />for any breach of the foregoing covenants. <br />3. Garfield Street represents that it is well seized of the vendee's interest in the <br />Easement Parcel and that it does not know of any unrecorded interests in the Easement Parcel, <br />except the rights of tenants in possession pursuant to unrecorded residential leases with Garfield <br />Street. Garfield Street will indemnify and hold the City harmless for any breach of the foregoing <br />covenants. <br />4. Grantee shall have the right to maintain the Easement Parcel clear of trees, <br />undergrowth, brush, and other obstructions which, in Grantee's reasonable judgment may <br />interfere with the normal maintenance of the public drainage and utility systems. <br />5. Grantors shall have the right to use and enjoy the Easement Parcel <br />notwithstanding the grant of the foregoing easement; provided, however, that Grantors shall not <br />exercise such use and enjoyment in a manner that will impair or interfere with the exercise by <br />Grantee of any of the rights granted herein. It is mutually agreed, however, that the above <br />referenced restrictions shall not prohibit the construction of public roads or utilities, or of <br />driveways or parking areas across said Easement Parcel. <br />6. Grantee shall, at its cost and expense, restore any surface areas disturbed by the <br />exercise of Grantee of the rights granted herein and shall be liable to Grantors for any damage to <br />persons or property caused or occasioned by the exercise of said rights. Grantee shall also <br />maintain the public drainage and utility systems to be located within the Easement Parcel in good <br />condition and repair, and in accordance with all federal, state and local laws, statutes, regulations <br />and ordinances. <br />7. The rights and obligations of Grantors and Grantee hereunder shall run with the <br />land, and shall bind and inure to the benefit of Grantors and Grantee and their respective heirs, <br />successors and assigns. <br />8. This Agreement may be executed in two or more counterparts, each of which shall <br />be deemed an original, and all of which together shall constitute one and the same instrument. <br />• <br />l8 <br />