14-81 Easement for driveway to WWTP

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3. Metroparks, its employees and guests, may use said driveway for access to park lands and park improvements or facilities adjacent to said driveway so long as such use does not interfere with or obstruct the use of said driveway by Lakewood. 4. Metroparks agrees that Lakewood may use the Park Dirve from Detroit Avenue to its sewage treatment plant and facilities appurtenant thereto for vehicles of all kinds, subject to the conditions set forth herein. Lakewood agrees that it will maintain and repair at its expense said Park Drive on Park property commencing at its intersection with Detroit Avenue to the westerly entrance to the Lakewood wastewater treatment plant. Maintenance and repair will include the following: a) chuck hole filling, patch repair and surface treatment as needed; b) resurfacing ~ccording to plans and specifications used by Lakewood for its major through streets, including adjustment of all manholes~ monuments, valve boxes and inlet basins as needed; c) stripping; and d) snow removal and its control. Scheduling and accomplishment of maintenance of said Park Drive by Lakewood shall be performed at the discretion of Lakewood, except that such maintenance may be required of Lakewood by Metroparks if Metroparks determines that delay of maintenance or repair would adversely effect the safety and enjoyment of use by the public, or would jeopardize the condition of Metroparks' bridge or other elements which are the responsibility of Metroparks to maintain. Maintenance responsibility for the subsurface road-way and the bridge structure will continue to be the responsibility of Metro- parks, except for the maintenance and repair of sanitary sewer and water lines. Lakewood will be responsible for the maintenance of the roadway surface over the bridge. 5~ Lakewood agrees to maintain its land surrounding the wastewater treatment plant, and particularly along the river's edge, in its presenn wooded and natural condition to the greatest extent possible, but subject to wastewater treatment facilities expansion, modernization, and upgrading as may be authorized by the Legislative authority of the City of Lakewood. 6o Failure by Lakewood to perform its obligations, or to abide by the terms and conditions herein, will be considered grounds for termination of the license, easement and rights granted herein° 7. 'Lakewood agrees that it will protect and save harmless Metroparks from all loss, liability, damage, claims or expense arising out of .or connected with the license and rights granted herein or Lakewood's use of said driveway or Park Drmve. 8. ThiS'Easement Agreement shall be binding upon and insure to the benefit of the respective successors and assigns of the parties hereto. -2-