2003/03/19 Council Agenda Packet

paying the late charges established above, pay interest on the amount outstanding at the rate of ;_ one percent(1%)per month until paid. 4.4 No Accord and Satisfaction. If Grantee pays,or State otherwise receives, an amount less than the full amount then due, State may apply such payment as it elects. In the absence of an election,the payment or receipt shall be applied first to accrued taxes which State has advanced or may be obligated to pay,then to other amounts advanced by State,then to late charges and accrued interest, and then to the earliest Use Fee due. State may accept any payment in any amount without prejudice to State's right to recover the balance of the Use Fee or pursue any other right or remedy. No endorsement or statement on any check, any payment,or any letter accompanying any check or payment shall constitute or be construed as accord and satisfaction. 4.5 No Counterclaim, Setoff, or Abatement of Use Fee. Except as expressly set forth elsewhere in this Easement,the Use Fee and all other sums payable by Grantee pursuant to this Easement shall be paid without the requirement that State provide prior notice or demand, and shall not be subject to any counterclaim, setoff, deduction, defense or abatement. SECTION 5 COORDINATION OF ACTIVITIES Grantee shall coordinate the dates of its construction and other major activities on the Easement Property with State. Except in the case of an emergency, Grantee shall provide State with written notice of its intent to enter upon the Easement Property at least five (5) days prior to entry. SECTION 6 MAINTENANCE AND REPAIR OF EASEMENT AND IMPROVEMENTS During the term of this Easement, Grantee shall maintain the outfall pipeline, and any other Improvements on the Easement Property, in good condition and working order. Subject to the limitations in Section 13, Grantee shall promptly repair, at its sole cost, all damages to any improvements on the Easement Property, or to any natural resources on or adjacent to the Easement Property, which are caused by Grantee's activities. All work performed by Grantee shall be completed in a careful and workmanlike manner to State's satisfaction, free of any claims or liens. Upon completion of any work performed by Grantee, Grantee shall remove all debris and restore the Easement Property, as nearly as possible, to the condition it was in prior to commencement of the work. Pursuant to Section 13 of this Easement, State's prior written consent and approval shall be required prior to undertaking any significant work within the Easement Property, but shall not be required for any routine maintenance or repair of improvements made by the Grantee pursuant to its obligation to maintain the Easement Property in good order and repair. Exhibit B describes the routine maintenance that does not require State's prior consent. In the event of an Emergency, Grantee may take reasonable steps to abate the emergent event, but shall promptly notify State in writing of the actions it has taken and that it proposes to take thereafter. Once the immediate emergency is under control, any further work shall require State's prior written consent in accordance with the provisions of this Easement. October 14,2002 Page 7 of 27 Outfall Easement