2002-159 Ordinance - Laserfiche WebLink

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That Grantor does hereby give, grant, bargain and convey to the GREATER CLEVELAND REGIONAL TRANSIT AUTHORITY (hereinafter "GCRTA"), the Grantee herein, the perpetual right-of-way and easement for the purpose hereinafter mentioned in the following described premises, to-wit: 1. Parcel No. 236-12-004 (Legal Description attached as Exhibit C) 2. Parcel No. 236-11-017 Partial) (Legal Description attached as Exhibit D) The Grantor hereby reserves the right to use said premises within the limits of the above-described easement for the passage or transportation of public safety or service vehicles, personnel, materials or equipment over or across the described easement in such manners as are not herein expressly prohibited by and are not inconsistent with the rights and easement hereby granted. The Crrantor reserves unto itself authority to immediately correct any defect andlor respond to any emergency upon the premises, without prior notice or permission of Grantee, if circumstances so warrant. The Grantee agrees to reimburse any such expenses by and through the terms of a Public Transportation Operating Agreement between GCRTA and the City, for the current term of 11/1/00 and 12/31/04, (hereinafter "OPERATING AGREEMENT"), as amended from time to time, the pertinent terms of which are incorporated herein by reference with respect to the operational expenses of the North Olmsted Municipal Bus Line (NOMBL). The Grantee further agees that the CITY shall be held harmless from, indemnified against and otherwise relieved of any and all liability azising from the use of and the vehicular travel upon the roadway or to the facility, including any allegation by third-parties that the roadway or intersection creates, maintains or perpetuates a nuisance, or on account of the operation, maintenance, construction or repair of the facilities or the roadway or otherwise related to this easement. Grantee hereby indemnifies and guarantees to save hazmless the CITY against any expense or repair to said street, sidewalks, curbs, sewers, underground utilities and other facilities or appurtenances, including but not limited to traffic control signals and other such devices. Said Grantor, its employees or contractors may, at its option, elect to, but is not hereby required to undertake the construction, maintenance or repair of any said improvements upon, within or over said easement, or such other use of premises within the limits of the above- described easement, as are not expressly prohibited herein, under the same conditions that legally exist for the installation and maintenance of streets dedicated to public use, all at the expense of the Grantee. Crrantor may notify Crrantee, should circumstances permit, in writing, upon its inspection of any such item of necessary repair or maintenance, prior to the Crrantor performance thereof at the expense of the Grantee. Further, the parties agree that any adjustments to or scheduling of the maintenance or repair required herein, or any assessment of or increases to the costs incurred by and reimbursable to the City, shall henceforth be addressed in conjunction with the pertinent, existing provisions of the OPERATING AGREEMENT. TO HAVE AND TO HOLD the above granted easement, as and for a permanent roadway improvement and such additional facilities and appurtenances installed by Grantee in, over and subjacent to the above-described premises, for the purpose of a .. ??