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Res 1999-218
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Res 1999-218
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9/6/2006 3:34:05 PM
Creation date
9/6/2006 3:33:33 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
1999-218
Date
11/8/1999
Volume Book
138
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<br />8. Grantee agrees to comply at all times and at its <br />sole cost with all applicable federal, state, and local laws, <br />rules, regulations, and safety standards in connection with <br />Grantee's activities hereunder. <br /> <br />9. Grantee is not and shall not be construed as <br />Grantor's agent in contracting for any improvements to the <br />Permanent Easement Strip and shall have no authority to pledge, <br />mortgage, hypothecate or otherwise encumber any interest in the <br />Permanent Easement Strip, except for Grantee's easement rights <br />hereunder. Grantee shall indemnify and hold harmless Grantor <br />from and against any and all mechanic's, materialmen's or other <br />liens or claims (and all costs and expenses associated therewith) <br />asserted, filed or arising out of any such work. <br /> <br />10. Grantee shall be required and does hereby agree, <br />after the completion of any construction, installation, repair, <br />maintenance, replacement, or removal within the Permanent <br />Easement strip, to restore the Permanent Easement strip to a <br />condition substantially equivalent to the condition that it was <br />in prior to the time of such construction, installation, repair, <br />maintenance, replacement, or removal. <br /> <br />11. Grantee agrees that upon the termination of the <br />Temporary Easement, that is, upon the completion of the initial <br />construction period or, in any event, for a period not to exceed <br />One (1) year from the date of the execution of this agreement, to <br />restore the Temporary Easement to a condition substantially <br />equivalent to the condition it was in prior to the time of such <br />initial construction. <br /> <br />12. Grantee agrees that, upon completion of the <br />initial construction period or, in any event, upon the expiration <br />of One (1) year from the date of the execution of this agreement, <br />the TemP9rary Easement provided for. herein shall terminate and <br />said portion of said Temporary Easement outside of the Permanent <br />Easement strip shall revert to Grantor free and clear of any <br />right, title and interest of Grantee. <br /> <br />13. All persons entering upon the Permanent Easement <br />strip under this grant shall confine themselves to the use and <br />purposes contemplated herein. <br /> <br />14. Grantor and Grantee agree that this agreement, as <br />written, covers the entire agreement between the parties and no <br />other representations or agreements, written or oral, have been <br />made modifying, adding to or changing the terms hereof or <br />inducing the execution hereof. <br /> <br />15. All rights reserved by Grantor herein are <br />expressly subject to the ordinances of the City of San Marcos <br />related to subdivision and development. <br /> <br />3 <br />
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