2012/09/26 Council Agenda Packet

9 Easement and has obtained the City Engineer's prior written approval, which approval will not be unreasonably withheld. Any changes or revisions in any approved plans shall also be subject to the City Engineer's prior approval, which approval also will not be unreasonably withheld. The City's review of any such plans shall not be deemed to impose any duty or obligation on the City to determine the adequacy or sufficiency of Grantor's or RDC's plans and designs nor whether Grantor's construction, work or activity is in conformance with other applicable plans, codes and regulations. Further, agreement by the City to such construction, work or activity shall not in any manner be considered as imposing any obligation, duty or liability upon the City as to the safety or propriety of such construction,work or activity. 4. Grantor and RDC hereby authorize City to cut, trim and remove any and all brush, trees, other vegetation or debris upon the Easement and the right of access for such purposes when needed for work on the City's installed water transmission pipeline. To the extent that the City identifies brush, trees or other vegetation and debris within the Easement that, in the City's reasonable judgment, constitutes a hazard to the Easement and the right of access for such purposes, the City shall notify the Grantor and request that Grantor remove the hazard or authorize the City to do so. If Grantor unreasonably fails to remove the hazard in a timely manner, Grantor further agrees to pay the City for any and all costs incurred by the City in removing the hazard. This right is in addition to any other right the City may have at law or in equity. In the event of a disagreement as to the existence of a or as to what method may be used to remove the hazard, the parties shall resolve the disagreement pursuant to the dispute resolution provisions set forth below. Nothing in this Section shall require Grantor or RDC to pay for the costs of removing existing subsurface conditions at the time of any construction, maintenance or repair activities; provided, however, this provision shall not affect any responsibility Grantor or RDC may have under applicable contractual or statutory environmental provisions or laws or under Section 6 of this Agreement. 5. In the event Grantor or RDC places any improvements within the Easement area without first having obtained the written approval of the City Engineer as required by the foregoing Paragraph 3, the Grantor or RDC (as the case may be) shall cease all such activity and remove any and all improvements placed therein without the written agreement of the City Engineer. Notwithstanding anything to the contrary in this Agreement,the placement or storage of portable solid waste shipping containers within the Easement shall not be considered or treated as an"improvement" as long as the placement of such containers within the Easement does not unreasonably interfere with the City's construction, maintenance and/or repair activities. If there is a need temporarily to remove portable solid waste shipping containers in order to accommodate construction, maintenance and/or repair activities by the City in the Easement, the City shall give Grantor and RDC reasonable advance notice of the need for such temporary removal, and Grantor or RDC shall remove such containers from the Easement in a timely manner for the period necessary to accommodate such construction, maintenance or repair activities. In the event Grantor or RDC (as the case may be) fails to obtain prior approval or cause such a temporary removal of portable solid waste containers in a timely manner, Grantor and RDC hereby authorize the City to remove such containers and to relocate them elsewhere on the Property, and Grantor and RDC each agrees to hold the City, its officers, employees and agents harmless from damage caused to such containers EASEMENT AGREEMENT FOR WATERLINE pg.4 • 43