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2012/09/26 Council Agenda Packet
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2012/09/26 Council Agenda Packet
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Council Agenda Packet
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9/26/2012
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9 <br /> Except in the event of a bona fide emergency condition occurring, each day during any <br /> construction, maintenance or repair activities undertaken pursuant to this Agreement, ingress <br /> and egress to and from Lot 8 from Riverside Road during the hours from 5:00 a.m. to 8:00 <br /> p.m. shall not be delayed for an average period of time greater than five (5) minutes and, <br /> further, ingress and egress to and from Lot 8 from Riverside Road each day during the hours <br /> from 5:00 a.m. to 8:00 p.m. shall not be delayed for any single period of time greater than 15 <br /> minutes. If ingress or egress to or from Lot 8 from Riverside Road during the hours from <br /> 5:00 a.m. to 8:00 p.m. is delayed for an average period of time greater than five (5)minutes or <br /> if ingress or egress to or from Lot 8 from Riverside Road during the hours from 5:00 a.m. to <br /> 8:00 p.m. is delayed for any single period of time greater than 15 minutes, then construction, <br /> maintenance and/or repair activities conducted pursuant to this Agreement will occur at night <br /> between the hours of 8:00 p.m. and 5:00 am at the discretion of the Grantor. Determining the <br /> delay for any single period of time shall be accomplished by measuring the time of delays <br /> occurring during a work day and evaluating the length of individual delay time periods. <br /> Determining average period of time for delays shall be accomplished by measuring the time <br /> of delays occurring during a work day and preparing a mathematical average time period. <br /> The City shall include the foregoing traffic management requirements in the bid <br /> specifications and all contracts for any construction, maintenance or repair work to be <br /> performed in the exercise of its rights under this Agreement with respect to the Easement. <br /> In connection with its installation of improvements within the Easement and its exercise <br /> of its other rights under this Agreement, the City will take reasonable steps to avoid material <br /> interference with RDC's operations on the Property. The City shall complete its initial <br /> construction and installation of the underground water transmission pipeline in the Waterline <br /> Easement within four(4)weeks following the City's commencement of such construction. <br /> The City acknowledges that some or all of the Easement is within a fenced and secure <br /> area, and the City or its contractor shall give RDC reasonable prior notice of any entrance <br /> upon the Property for purposes of any exercise of the City's rights within the Easement, and <br /> shall provide reasonable cooperation with RDC for the purposes of security within such <br /> fenced areas. <br /> 2. Grantor and RDC shall at all times conduct their activities and any other <br /> activities on the Property so as not to interfere with, obstruct or endanger the usefulness of <br /> any improvements, or other facilities, now or hereafter maintained upon the Easement, or in <br /> any way interfere with, obstruct or endanger the City's use of the Easement. <br /> 3. Prior to any construction, work or any other activity by Grantor or RDC <br /> involving any improvement of the Easement, notification and plans for the same shall be <br /> submitted in writing to the City by Grantor or RDC, as the case may be. No such <br /> construction, work or activity by Grantor or RDC shall be commenced unless the Grantor or <br /> RDC can demonstrate to the satisfaction of the City Engineer that such construction, work or <br /> activity does not and will not unduly interfere with the City's rights with respect to the <br /> EASEMENT AGREEMENT FOR WATERLINE pg.3 <br /> 42 <br />
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