Res 2005-061 - Laserfiche WebLink

Home Browse Search

Bk Vol pg 050173~6 OPR 2710 250 15. The CITY agrees that, in the event the concrete apron that is located at the main entrance to the Parent Tract is disturbed, the restoration will include compacting which will preclude subsequent subsidence as required in Paragraph 10 above and pouring a concrete driveway apron designed for commercial traffic from the normal edge of the County Road to a definitive position at which to join the interior asphalt road. 16. The CITY agrees that, in the event, the main entrance cattleguard is removed by the CITY in connection with the construction, installation, repair, maintenance, replacement, or removal of the pipelines, the main entrance cattleguard shall be re-installed in like condition at a location to be designated by GRANTOR. 17. The CITY agrees to comply at all times and at Its sole cost with all applicable federal, state, and local laws, rules, regulations, and safety standards in connection with the CITY's activities hereunder. GRANTOR shall have no liability or responsibility for paving, fencing, or otherwise improving the Permanent Easement. 18. The CITY is not and shall not be construed as GRANTOR'S agent in contracting for any improvements to the Permanent Easement and shall have no authority to pledge, mortgage, hypothecate or otherwise encumber any interest in the Permanent Easement, except for the CITY's easement rights hereunder. The CITY, by accepting this conveyance, to the full extent of CITY's liability under applicable law, does hereby agree to indemnifY and hold harmless GRANTOR from and against any and all claims arising out of the constructing, reconstructing, inspecting, patrolling, maintaining, removing, and relocating of said pipelines and appurtenances, and all mechanic's, materialmen's or other liens or claims for labor or materials (and all costs and expenses associated therewith) asserted, filed or arising out of any such work. 19. Provided the Permanent Easement and the Temporary Easement areas are fenced sufficient to turn cattle during construction operations, GRANTOR and the CITY agree that the gate at Highway 621 and County Road 266 and the temporary construction entrances may remain open during each work day and closed at all times when construction operations are not being conducted. The gate at the "Truck Entrance" will be closed and secured at all times except during the CITY's actual ingress to and egress from the Permanent Easement and the Temporary Easement (until terminated as provided herein) for the purposes of constructing and maintaining the pipelines. 20. The CITY agrees that, in connection with restoration ofthe Permanent Easement and Temporary Easement the CITY will place, compact, and crown four inches (4") of gravel in a width of Twelve feet (12') over any portion of the "Truck Road" used by CITY personnel and contractors in connection with the construction of the pipelines. 21. The CITY agrees that, in the event, any of GRANTOR's trees lying outside the Permanent Easement are inadvertently damaged in connection with the construction or maintenance ofthe pipelines, that the CITY will pay GRANTOR $450.00 for each damaged tree to cover the cost of replanting.