|
G*ANToR:7164 Jo am Drs!HOLOMes,LLC APN: $41.1311.M-1
<br /> P1=Mr Jowlsom own ace"Dwc Dever wMW zow PaROJM
<br /> for the performance of the CITY's work, to now locations that are reasonably
<br /> approved in writing in advance by GRANTOR,all at CITY's sole const and expanse.
<br /> S. CITY agrees upon completion of any of Its works hereunder to restore,as near as
<br /> possible, tete surface of the TCE to the condition in which it was prior to the
<br /> commervement of the work related to the proposed public improvement~ and to
<br /> M&ft am where tie Impromnents were iodated as rommily clot nohn
<br /> such area to a good condition reasonably satisfactory to GRANTOR,
<br /> D. in the event GRANTOR salts, Mao vs" or assigns any property Interest,
<br /> eno umbaad by to Agreement prior to CITY exorcisingi the nigras put herein,
<br /> GRANTOR shall nctity the successor or assisirssr of the rW to and obligations of
<br /> both pis as included herein.
<br /> D. In case of unpredictable delays in construction,upon written natilimbon by CITY,
<br /> tete terms of the TCE may be extended by an anwxl ment to this Agreement.
<br /> GRANTOR steel be contpenated based on the fok market value at the time of the
<br /> extension. Payment shall be made to the GRANTOR bathe extend on priorto the
<br /> expiration of the original TCE period.
<br /> E. CITY shed Indemnify.dehsnd and hold harmless GRANTOR from and against all
<br /> claims,causes of action,damages,iiabiltie s,injuries,actions,coags and expenses
<br /> (incluci ft reasonable attorneys'Meas and coats),arising 1t,om or rotated to ChTY's
<br /> use of the TCE trees, exercise of CCTY's rights under this Agrasment, work
<br /> peeyrtb,o�rm�sd,{in�connection witch.,thhe,,Project, or any HwAdous Allateriai(as defined
<br /> below)OW is brought to,or is I elQsseGi,discharged.generated.used,posessaW,
<br /> or stored, or disposed of, at or about, or transpofted from, the Property by CITY.
<br /> The provisions of the imamdiateeiy preceding sentence shall not be Womble to
<br /> the extent of GRANTOMe negligence or wWul miscueduct The term"Nana fro
<br /> Materfa r shall me en any product, substance, c erica 1,materiae or waste whose
<br /> per, nature, quanft and/or intensity of existence, use, man>ufacxurs,
<br /> dispaW. bansprartetion, WK release or effect, sinter by belt or M combination
<br /> with oftnr materials expected to be on the Property, is eller; (a) potentially i
<br /> k*urIous to the puha hoot,safety or welfaaae,the atvirromsnt or the Property,or
<br /> (b)regu isl o or monitored by soy federal, sults or lopsgowMmrtterttai or -
<br /> gowrni Minta authority, agency, depar me* board, panel ar mot under any
<br /> present or lectors law, stetuts. ordinance, code, rule rrergulation, requirement,
<br /> Norerae,permit,csrtillcats.judgment„ decree, order or direction of any present or
<br /> Mn govwrtunentat or quash-goes umtlterrtal cult-mrity,agency,departnient.board,
<br /> P"or court
<br /> F. Rights of ingrate to mod eq me from"GpIANTCM e ronu**q property WWI be
<br /> maintained at all timse during the construction period.
<br /> 5. CITY Ped meed Week. AN work done under this Agreement shall conform to all spill mble
<br /> fig,fine and awfty laws,otxlblaancea,and roguMlons mk tg to such work,and stall be
<br /> done in a goad worltmanpke mart er. AN struchAw,i mprovemenfs or other facilities,when
<br /> removed, and relocated, or reconstructed by the CITY or Its authorized agent,shrill be left In as
<br /> good condition as found.
<br /> it. Indemrdficallim. CITY shall kx*nrlfy,defend,anal hold harmless GRANTOR from and
<br /> against all claims,causes of action,damages,WAdw cost and expenses(int dog
<br /> reasonable attorney fees aid costs),arising from or related to CITY*use of the Property and
<br /> asap.s orr
<br />
|