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The City shall have a non-exclusive temporary construction easement in gross across, along, in <br /> and under the following-described property, as particularly described on Exhibit "A" hereto, <br /> which area of land being referred to hereafter as the "Temporary Construction Easement," the <br /> approximate location of which are depicted as parcels 001,002,and 006 on the Grand Ave Park <br /> Bridge, COE WO #3588, Overall Right of Way Detail, Sheet 1 of 2, attached hereto as Exhibit <br /> "B". This Temporary Construction Easement automatically shall terminate upon final <br /> completion of installation of an Grand Avenue Bridge. <br /> The City may allow use of the Temporary Construction Easement by the City's invitees <br /> (with such invitees including, for example, the City's employees, suppliers, contractors and <br /> subcontractors) upon the terms hereof and for the permitted purposes set forth herein. <br /> The City's rights with respect to the Temporary Construction Easement are subject to and <br /> conditioned upon the following terms,which both Grantor and City hereby promise to faithfully <br /> and fully observe and perform: <br /> 1. In exercising the rights granted in this Agreement for the Temporary Construction <br /> Easement, vehicular access along the Temporary Construction Easement shall be reasonably <br /> maintained during construction, maintenance and/or repair activities. <br /> In connection with its installation of improvements within the Temporary Construction <br /> Easement and its exercise of its other rights under this Agreement,the City will take reasonable <br /> steps to avoid material interference with the Port's operations on the Property. The City shall <br /> complete its initial construction and installation of the Grand Avenue Bridge within sixty (60) <br /> weeks following the City's commencement of such field construction. <br /> 2. Grantor shall at all times conduct their activities and any other activities on the <br /> Property so as not to interfere with, obstruct or endanger the usefulness of any improvements, <br /> or other facilities, now or hereafter maintained upon the Temporary Construction Easement, or <br /> in any way interfere with, obstruct or endanger the City's use of the Temporary Construction <br /> Easement. <br /> 3. Prior to any construction, work or any other activity by Grantor involving any <br /> improvement of the Temporary Construction Easement, notification and plans for the same <br /> shall be submitted in writing to the City by Grantor, as the case may be. No such construction, <br /> work or activity by Grantor shall be commenced unless the Grantor can demonstrate to the <br /> satisfaction of the City Engineer that such construction, work or activity does not and will not <br /> unduly interfere with the City's rights with respect to the Easement and has obtained the City <br /> Engineer's prior written approval,which approval shall not be unreasonably withheld,delayed, <br /> or conditioned. PROVIDED,HOWEVER,any changes or revisions in any approved plans shall <br /> also be subject to the City Engineer's prior approval, which approval shall not be unreasonably <br /> withheld, delayed, or conditioned. The City's review of any such plans shall not be deemed to <br /> impose any duty or obligation on the City to determine the adequacy or sufficiency of Grantor's <br /> 2 <br />