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RIGHT OF ENTRY AND CONSTRUCT <br /> <br /> C_3kT.T.AHAH PROPERTY COMPANY (hereinafter "Owner") hereby <br /> grants t9 the CITY OF PT~ASANTON (hereinafter "City") or its <br /> agents, permission to enter and construct upon the property <br /> commonly referred to as Lot 13, Tract 4889, Valley Business <br /> Park, based upon the following terms: <br /> <br /> 1. Temporary Riqht of Entry. The right of entry and <br /> construct is temporary in nature . This right of entry does <br /> not constitute a deed or grant of easement or a leasehold <br /> interest in the subject premises. This permit shall <br /> terminate when the Cross-Town Sewer Project is completed, but <br /> not later than December 31, 1989, unless extended by the <br /> Owner. No fee shall be paid for this right of entry. The <br /> right of entry shall be fifty feet (50') wide and as shown in <br /> the attached Exhibit "A", which is incorporated herein by <br /> this reference. <br /> <br /> 2. Purpose. The right of entry shall be granted for <br /> the purpose of constructing a 24" sanitary sewer line <br /> commonly referred to as Cross-Town Sewer Project C.I.P. <br /> 872066. <br /> <br /> 3. Alterations. The City, its agents, or contractor <br /> shall not make, nor cause to be made, nor allow to be made, <br /> permanent material alterations to the subject real property. <br /> The subject real property which is temporarily disrupted <br /> shall be replaced or repaired to the reasonable satisfaction <br /> of the Owner's representative. <br /> <br /> 4. Access. City or its contractors shall maintain <br /> access and egress for the Owner or its agents to the subject <br /> property. <br /> <br /> 5. Hold Harmless. Owner assumes no responsibility for <br /> the guarding and safekeeping of property, equipment, or <br /> improvements as a result of granting this right of entry. <br /> City and its agents hereby waive all claims against Owner and <br /> agrees to hold Owner harmless from any claims for damages to <br /> materials, supplies, equipment or other property, and persons <br /> in or upon the subject property from any cause arising from <br /> this granting of a right of entry. <br /> <br /> city shall and will assume the defense and indemnify and <br /> save the Owner, its employees and agents, free and harmless <br /> from and against any and all claims, demands, liabilities and <br /> judgments for or by reason of any damage, loss, personal <br /> injury or death, caused by or arising out of City or its <br /> agent's act or failure to act, in the occupancy, maintenance, <br />' operation or use of the subject premises, and City and its <br /> agents hereby agree to pay and discharge all costs, charges <br /> <br /> -1- <br /> <br /> <br />