2006/05/24 Council Agenda Packet

10 6. City Property will not necessarily be maintained during storm events. 7. City Property will be maintained by City as required by State Forest Practice Standards. 8. City Property is used by pedestrians and Grantee will use due care for pedestrian safety. 9. Recreational vehicles,off-road vehicles,off-highway vehicles are not permitted on City Property. 10. Grantee will not allow any invitee to violate the conditions of this easement. V. Miscellaneous A. Each party shall comply with all federal, state and local laws and regulations that apply to their property and their use of the other party's property pursuant to this easement. B. Notices required to be in writing under this agreement shall be given as follows: If to City: Manager of the Water Filtration Plant 3200 Gs-124a Sr. A,2 d-?-r, !1% 9820/ If to Grantee: Timothy Mooney 74131 Scholar Lane East Palm Desert, CA 92210 Or at such other addresses as the Parties may specify by written notice to the other party. C. Each party may terminate this easement for cause upon sixty day's written notice to the other party. Cause for termination includes,but is not limited to, falsity of any representation or warranty, or failure to comply with any term of this easement. Sixty days' written notice of default and opportunity to cure is a condition precedent to termination;provided,however, in the event that the City initiates condemnation proceedings,this provision shall not be construed to delay the City's public project; provided, further, Grantee shall promptly agree to the City's possession and use of Grantee's rights in the City Property upon payment of fair market value for those rights_ D. Grantee's use of City Property is subsidiary and subservient to City's use of City Property. Grantee shall not interfere with, impair,or impede the City's use of City Property. 65 5