2007-136 Ordinance - Laserfiche WebLink

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?ri.. Whenever the exercise of this easement right results in the disturbing of the Easement Area, Grantee shall, as soon as reasonably possible, through the use of all reasonable efforts, maintain ingress and egress to the municipal right of way upon and through Easement Area. Grantee's right-of-entry shall include disturbance of the Easement Area to effectuate such maintenance, repair or replacement; Grantor shall be solely responsible for the entire cost of any such disturbance, excavation and also the restoration of the Easement Area. Grantor reserves the right, in the event the Grantor's future development necessitates or warrants in Grantor's judgment, at Grantor's expense, to relocate the easement premises and the facilities installed therein. Grantor may exercise this right by giving Grantee sixty (60) days' prior written notice of the intention to relocate the easement, whereupon Grantee shall in good faith determine whether the relocated easement premises is reasonable, practical and serves as an adequate substitute, such determination to be in no event unreasonably withheld, conditioned or delayed, nor cause Grantor economic hardship. Nothing herein shall permit Grantor to revoke, rescind or prevent this easement right from being used for its intended purpose. The Grantor agrees to keep the premises free of materials, equipment, vehicles, trees, shrubbery, and any other obstructions that would interfere with Grantees' access to or maintenance of the traffic control equipment. Whenever maintenance or work of any kind is performed on the premises under the terms of this easement, the Grantee shall bear the entire cost of and accept full responsibility for restoration of the premises or their environs to their original topographical condition. The Grantor indemnifies and holds harmless the Grantee from any and all damage, injury or loss to any person or property caused by, related to or resulting from the maintenance, construction, reconstruction or relocation of said traffic control equipment, other than damage, injury or loss caused by, related to or resulting from the sole negligence of the Grantee. The Grantor further indemnifies and holds harmless the Grantee from any and all expense incurred and damage to the traffic control equipment caused by, related to or resulting from the Grantor's construction or maintenance of any paving, walks, sewers, ducts, pipes or pole lines within or upon the premises or from any other use of the premises by the Grantor. The Grantor hereby reserves the right to use the premises for the passage or transportation of personnel, materials or equipment, and to make such other use of the premises as is not expressly prohibited by or inconsistent with the terms of this easement. The Grantor and the Grantees mutually agree that neither the recording of this instrument nor its acceptance by the Grantee shall be construed as a dedication of the premises or an agreement by the Grantee to accept the premises for dedication for public use as a street. 2