2013/05/01 Council Agenda Packet

M 1 11 Grantor from undertaking the construction,reconstruction, installation, operation maintenance or repair, and use of any buildings,improvements, or other utilities within the Grantor's property;provided however that, except to the extent otherwise contemplated by this Agreement,the Grantor shall at all times use reasonable care in its activities on Grantor's property not to interfere with,obstruct or endanger the usefulness of the improvements or Grantee's use of the Easement. 2. Grantee's Use and Activities: Grantee shall exercise its rights under this Agreement so as to minimize and avoid, insofar as possible,interference with the use by Grantor of Grantor's property for a Water Transmission Line(s) Corridor with access,or any other future use as determined by the Grantor, and shall at all times conduct its activities on the Easement Area so as not to interfere with,obstruct or endanger the Grantor's operations,facilities or utilities. Grantee shall install the improvements and conduct any other activity on Grantor's property as may be communicated to Grantee by the Grantor for the purpose of protecting the Grantor's facilities,preventing hazardous conditions and interruptions to the Grantor's facilities,operations and utilities. 3. Coordination of Activities: Grantee shall give at least 15 days advanced written notice of the proposed dates of its construction,-repair-and maintenance-activities-on Gr-antor's-property-to-Grantor-at the — address in Section 18 or at such address or office as Grantor may from time to time designate. Grantee shall cooperate in the revision of such dates and/or the coordination of its activities with those of Grantor's if deemed necessary by Grantor to minimize conflicts,insure protection to each parties facilities,prevent hazardous conditions, or minimize interruption of Grantor's operations. Provided,however that in the event of an emergency requiring immediate action by Grantee for the protection of its improvements or other persons or property, Grantee may take such action upon notice to Grantor as is reasonable under the circumstances. 4. Permission: It is understood that prior to any installation or modification of the Grantee's improvements within the easement herein conveyed,the Grantee will first supply the Grantor with detailed drawings and specifications relating to such proposed construction and that no construction,installation or modification of facilities will be performed until the plans have been approved in writing by the Grantor;provided,however,that the approval of the Grantor to the performance of such construction shall not in any manner be considered as imposing any obligation upon the Grantor as to safety or propriety of such installation or construction.Upon completion of such installation or construction, the Grantee shall remove all debris and restore the ground surface to as nearly as possible to the condition in which it was at the commencement of such work, and shall replace any property corner monuments which were disturbed or destroyed during such construction. It is also understood that prior to any installation,the Grantee shall acquire all necessary permits and comply with all requisite laws and regulations. 2 87