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2020/07/29 Council Agenda Packet
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2020/07/29 Council Agenda Packet
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Council Agenda Packet
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7/29/2020
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prevent or preclude the Grantor from undertaking the construction, reconstruction, <br />installation, operation maintenance or repair, and use of any buildings, improvements, or <br />other utilities within the Grantor's property; provided however that, except to the extent <br />otherwise contemplated by this Agreement, the Grantor shall at all times use reasonable <br />care in its activities on Grantor's property not to interfere with, obstruct or endanger the <br />usefulness of the Network Facilities or Grantee's use of the easement. <br />2. Grantee's Use and Activities: <br />Grantee shall exercise its rights under this Agreement so as to minimize and avoid, insofar as <br />possible, interference with the use by Grantor of Grantor's property for any other future <br />use as determined by the Grantor, and shall at all times conduct its activities on the <br />easement Area so as not to interfere with, obstruct or endanger the Grantor's operations, <br />facilities or utilities. Grantee shall install the Network Facilities and conduct any other <br />activity on Grantor's property as may be communicated to Grantee by the Grantor for the <br />purpose of protecting the Grantor's facilities, preventing hazardous conditions and <br />interruptions to the Grantor's facilities, operations and utilities. <br />Grantee shall, at its expense, conform to all applicable laws, regulations, permits or <br />requirements of any public authority affecting the easement area and the use thereof. <br />Upon request, Grantee shall supply Grantor with copies of permits or orders. <br />3. Coordination of Activities: <br />Grantee shall give at least 15 days advanced written notice of the proposed dates of its <br />construction, repair and maintenance activities on Grantor's property to Grantor at the <br />address in Section 18 or at such address or office as Grantor may from time to time <br />designate. Grantee shall cooperate in the revision of such dates and/or the coordination of <br />its activities with those of Grantors if deemed necessary by Grantor to minimize conflicts, <br />insure protection to each parties facilities, prevent hazardous conditions, or minimize <br />interruption of Grantor's operations. Provided, however that in the event of an emergency <br />requiring immediate action by Grantee for the protection of its Network Facilities or other <br />persons or property, Grantee may take such action upon notice to Grantor as is reasonable <br />under the circumstances. <br />4. Permission: <br />It is understood that prior to any installation or modification of the Grantee's utility, within <br />the easement herein conveyed, the Grantee will first supply the Grantor with detailed <br />drawings and specifications relating to such proposed construction and that no <br />construction, installation or modification of facilities will be performed until the plans have <br />been approved in writing by the Grantor; provided, however, that the approval of the <br />Grantor to the performance of such construction shall not in any manner be considered as <br />imposing any obligation upon the Grantor as to safety or propriety of such installation or <br />construction. Upon completion of such installation or construction, the Grantee shall <br />remove all debris and restore the ground surface to as nearly as possible to the condition in <br />which it was at the commencement of such work, and shall replace any property corner <br />monuments which were disturbed or destroyed during such construction. <br />Easement at Kasch Park Road Page - 2 <br />
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