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Res 1995-106
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Res 1995-106
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Last modified
6/19/2007 10:45:57 AM
Creation date
6/19/2007 10:45:57 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1995-106
Date
5/22/1995
Volume Book
119
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<br /> , , . 5'711- <br /> transmission facilities within a portion of the right-of-way <br /> of River Road. <br /> NOW THEREFORE, LICENSOR, for the CONSIDERATION paid to <br /> LICENSOR, hereby grants and demises to LICENSEE the right and <br /> privilege to install, operate, maintain, replace, upgrade and <br /> reconstruct the PROJECT on, over and across the PROPERTY. <br /> LICENSOR agrees that this License shall be irrevocable for so <br /> --, long as LICENSOR owns the PROPERTY as right-of-way and LICENSEE <br /> operates and maintains the PROJECT or any replacement project on <br /> the PROPERTY. LICENSOR further agrees that, in order for LICENSEE <br /> to maintain and protect the integrity.of its facilities, prior to <br /> granting approval for any utilities or other construction within 10 <br /> feet of LICENSEE'S transmission facilities, LICENSOR shall notify <br /> the person performing the construction of the need to obtain the <br /> written approval of LICENSEE, such approval not to be unreasonably <br /> withheld. LI~ENSOR further agrees that, in order for LICENSEE to <br /> maintain safe and proper clearances for LICENSEE's transmission <br /> facilities, LICENSOR shall at all times enforce any building <br /> set-back requirement on properties adjacent to PROPERTY. <br /> LICENSEE agrees to comply with all federal, state and local <br /> laws and regulations in the construction and maintenance of the <br /> PROJECT. <br /> . <br /> LICENSEE agrees to construct and maintain the PROJECT with due <br /> regard for the public safety and convenience, and to remove any <br /> hazards created by storms, accidents or other causes without undue <br /> delay. <br /> LICENSEE agrees to construct and maintain the PROJECT so that <br /> interference with the use of River Road for roadway and drainage <br /> purposes is minimized. <br /> LICENSEE agrees to restore the surface of the PROPERTY, <br /> including any improvements of others thereon, within a reasonable <br /> time after completing any construction or maintenance on the <br /> PROPERTY. <br /> LICENSEE agrees to indemnify, hold harmless and defend <br /> LICENSOR, its officers and employees from and against any claims or <br /> liability which may be incurred by reason or any act or omission of <br /> LICENSEE, its officers, agents or employees in connection with the <br /> PROJECT. <br /> LICENSOR may terminate and revoke this agreement if LICENSEE <br /> violates this agreement and fails to commence to cure such <br /> violation within 30 days after LICENSOR gives LICENSEE written <br /> notice of the violations. <br /> i:\common\realestate\smrow.lic 2 <br />
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