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<br /> H. The City shall have the right to grant easements, licenses and permits for use of the
<br /> Easement Area over Grantee's Property to third parties, subject to the rights granted in this
<br /> Easement.
<br /> 2. City's Property
<br /> A. The City, subject to the terms and conditions of this easement agreement, grants Grantee
<br /> a permanent non-exclusive easement for ingress and egress over and across the City Roadway
<br /> Property as described above in Paragraphs I.E. and ILA. and further,on Exhibit D attached
<br /> hereto, to use City Property to access Grantee's Property.
<br /> B. With regard to the use of vehicles to access Grantee's property, Grantee covenants and
<br /> agrees to only use and/or allow passenger vehicles and light trucks on Lake Chaplain and
<br /> Diversion Dam Roads whose gross vehicle weight does not exceed twenty-eight thousand
<br /> (28,000)pounds, except for occasional, infrequent and irregular deliveries of building materials
<br /> to be incorporated into Grantee's Property, such as those needed for a remodel or re-graveling of
<br /> a driveway.
<br /> C. Grantee shall defend, indemnify,and hold the City, its employees, officials,officers,
<br /> agents and contractors("City Indemnified Parties") harmless from any and all claims,demands,
<br /> lawsuits and actions for personal injury and property damage sustained by City Indemnified
<br /> Parties,or asserted by any third party against City, arising from,related to,or caused by, its use
<br /> of City Property pursuant to this Easement;provided,however,the foregoing indemnity shall not
<br /> cover any claims,demands, lawsuits or actions arising from,related to, or caused by,City
<br /> Indemnified Parties' sole negligence or willful misconduct.
<br /> D. Grantee shall remedy or repair and be jointly and severally fmancially responsible to the
<br /> City for any damage to property owned by the City caused by,or arising out of, Grantee's use of
<br /> City Property pursuant to this easement.
<br /> E. On behalf of itself and anyone claiming by or through Grantee, Grantee releases the City
<br /> from any and all claims for personal injury or property damage arising out of its use of,or caused
<br /> by,City Property. Grantee accepts all risks related to its use of City Property pursuant to this
<br /> easement. Grantee acknowledges and agrees that City owes Grantee no duty other than to allow
<br /> it to cross City Property as provided by this easement.
<br /> F. The City may require payment of a reasonable annual fee upon ninety days'written
<br /> notice. If assessed,the fee will be related to, and based upon,the City's costs and expenses for
<br /> maintenance,repair and upkeep or replacement of the City's Property. Provided,however,
<br /> Grantee shall, in any event, not be responsible nor liable for making improvements to the
<br /> roadway/easement area and/or the City's property, but merely in maintaining the
<br /> roadway/easement area in a condition similar to its condition as of the date of this Easement,
<br /> namely a gravel road. In this regard, Grantee shall not be responsible to pay for any maintenance
<br /> and/or improvements necessary to the Lake Chaplain,paved, Road. Any improvements the City
<br /> may wish to complete shall be the sole responsibility of the City. Further,the Grantee's
<br /> responsibility in maintaining the roadway/easement area shall be commensurate and/or
<br /> proportionate to its use of the Easement_ In this regard,the City acknowledges that other users,
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