76-136 Ordinance - Laserfiche WebLink

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2. Grantees agree that no structures, except said water line and its appurtenances shall be constracted on said premises; that no blasting shall be done on said premises or so near thereto as to cause damage to the electric transmission lines of the Grantor, and that no derrick, crane, machinery or equip- ment of any kind shall. be used on said premises or so near thereto that any part thereof will coons within t~renty-five (25') feet of aqy wire of said transmission lines or its structures. 3. That Grantees will pair the Grantor the amount of as~y aad all damage to any property of the Grantor on said premises, occa- sioned by the construction, maintenance, operation, repair, renewal ox removal of said water line; 1+. That said water lice will be constructed, installed, maintained and backfilled in such manner and to such coa~actnesa so as to support the 100 ton trucks and equipment of Grantor and shall give Grantor at least two (2) days prior notice of at~t construc- tion, maintenance or major repair of said grater line. 5. That Grantees will assume all. risks of loss or damage to said water line and appurtenances, however caused, and will indemnify and save harmless the Grantor from and against araq and x.11 detriment, loss, damages, claims, demands, suits, costs or eg- peases which the Grantor may suffer, sustain or be sub3ected to directly or indirectly, caused wholly or in part by reason of the location, use, construction, maintenance, operation, re- pair, renewal and removal. of said water line and appurtenances ~ upon said premises, except where such damage arises out of or is caused by the sole negligence of the Grantor. 6. That if and when said water line is constructed, installed, maintained, repaired, renewed or removed, the Grantees will at once restore said strip of land and the cozitiguous land of the Grantor if disturbed, to their former condition and on failure so to do the Grantor may restore the same at the ex- pease of the Grantee which assumes liability therefor aad expressly agrees to pair to the Grantor upon bill therefor rendered; Grantee further agrees that aqy drainage problem caused by Grantees entry or use of the easement premises is to be immediately and completely corrected at Grantees expense. 7. That if said premises shall at anyy time be used by the Grantees for any purpose other than as herein before provided, or if the Grantees shall fail to perform all of the agreements on its part to be performed hereunder, then it shall be lawful. for the Grantor to repossess said premises and euelvrie the Grantees therefrom, as if this easement had aot been given, and there- upon this easement shall be void and of no effect. The covenants of this easement shall run with the right and easement herein conveyed and be binding upon and inure to the benefit of the Grantor, the: Grantees and their respective successors and assigns. IN Wl'I'RESS WF~REOF, The Cleveland Electric Illtnninating Company, the - 2 - ~:~.