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Burlington Northern Santa Fe (BNSF) 8/29/2016
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Burlington Northern Santa Fe (BNSF) 8/29/2016
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Last modified
9/26/2016 10:56:21 AM
Creation date
9/26/2016 10:55:59 AM
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Contracts
Contractor's Name
Burlington Northern Santa Fe (BNSF)
Approval Date
8/29/2016
Council Approval Date
8/24/2016
Department
Public Works
Department Project Manager
Heather Griffin
Subject / Project Title
Grand Avenue Overpass
Tracking Number
0000281
Total Compensation
$70,000.00
Contract Type
Agreement
Retention Period
6 Years Then Destroy
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this Easement Agreement for any subsequent default or defaults, nor shall any such <br /> waiver in any way affect Grantor's ability to enforce any section of this Easement <br /> Agreement. <br /> 8.3 Effect of Termination or Expiration. Neither termination nor expiration will <br /> release Grantee from any liability or obligation under this Easement, whether of <br /> indemnity or otherwise, resulting from any acts, omissions or events happening prior to <br /> the date of termination or expiration, or, if later, the date the Premises are restored as <br /> required by Section 9. <br /> 8.4 Non-exclusive Remedies. The remedies set forth in this Section 8 shall be <br /> in addition to, and not in limitation of, any other remedies that Grantor may have under <br /> the OVERPASS Agreement, at law or in equity. <br /> Section 9 Surrender of Premises. <br /> 9.1 Removal of Improvements and Restoration. Upon termination of this <br /> Easement Agreement, whether by abandonment of the Easement or by the exercise of <br /> Grantor's termination rights hereunder, Grantee shall, at its sole cost and expense, <br /> immediately perform the following: <br /> (a) remove all or such portion of Grantee's Improvements and <br /> all appurtenances thereto from the Premises, as Grantor <br /> directs at Grantor's sole discretion; <br /> (b) repair and restore any damage to the Premises arising from, <br /> growing out of, or connected with Grantee's use of the <br /> Premises; <br /> (c) remedy any unsafe conditions on the Premises created or <br /> aggravated by Grantee; and <br /> (d) leave the Premises in the condition which existed as of the <br /> Effective Date. <br /> 9.2 Limited License for Entry. If this Easement Agreement is terminated, <br /> Grantor may direct Grantee to undertake one or more of the actions set forth above, at <br /> Grantee's sole cost, in which case Grantee shall have a limited license to enter upon the <br /> Premises to the extent necessary to undertake the actions directed by Grantor. The <br /> terms of this limited license include all of Grantee's obligations under this Easement <br /> Agreement. Termination will not release Grantee from any liability or obligation under <br /> this Easement Agreement, whether of indemnity or otherwise, resulting from any acts, <br /> omissions or events happening prior to the date of termination, or, if later, the date when <br /> Grantee's Improvements are removed and the Premises are restored to the condition <br /> that existed as of the Effective Date. If Grantee fails to surrender the Premises to <br /> Grantor upon any termination of the Easement, all liabilities and obligations of Grantee <br /> 23 <br />
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