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of land being referred to hereafter as the "Temporary Construction Easement," the approximate
<br /> location of which are depicted as parcels 001, 002, and 006 on the Grand Ave Park Bridge, COE WO
<br /> #3588, Overall Right of Way Detail, Sheet 1 of 2, attached hereto as Exhibit "B". This Temporary
<br /> Construction Easement automatically shall terminate upon final completion of construction of the
<br /> Grand Avenue Bridge project or on December 31, 2019, whichever occurs first.
<br /> The City may allow use of the Temporary Construction Easement by the City's invitees (with
<br /> such invitees including, for example,the City's employees, suppliers,contractors and subcontractors)
<br /> upon the terms hereof and for the permitted purposes set forth herein.
<br /> The City's rights with respect to the Temporary Construction Easement are subject to and
<br /> conditioned upon the following terms,which both Grantor and City hereby promise to faithfully and
<br /> fully observe and perform:
<br /> 1. In connection with its installation of improvements within the Temporary Construction
<br /> Easement and its exercise of its other rights under this Agreement,the City will take reasonable steps
<br /> to avoid material interference with the Port's operations on the Property. The City's activites shall
<br /> not prohibit, limit or restrict ingress and egress access to the ADA dock facilities located on or near
<br /> the Property.
<br /> 2. Grantor shall at all times conduct their activities and any other activities on the Property
<br /> so as not to interfere with,obstruct or endanger the usefulness of any improvements,or other facilities,
<br /> now or hereafter maintained upon the Temporary Construction Easement,or in any way interfere with,
<br /> obstruct or endanger the City's use of the Temporary Construction Easement.
<br /> 3. Prior to any construction, work or any other activity by Grantor involving any
<br /> improvement of the Temporary Construction Easement, notification and plans for the same shall be
<br /> submitted in writing to the City by Grantor,as the case may be. No such construction,work or activity
<br /> by Grantor shall be commenced unless the Grantor can demonstrate to the satisfaction of the City
<br /> Engineer that such construction,work or activity does not and will not unduly interfere with the City's
<br /> rights with respect to the Easement and has obtained the City Engineer's prior written approval,which
<br /> approval shall not be unreasonably withheld, delayed, or conditioned. PROVIDED,HOWEVER, any
<br /> changes or revisions in any approved plans shall also be subject to the City Engineer's prior approval,
<br /> which approval shall not be unreasonably withheld, delayed, or conditioned. The City's review of any
<br /> such plans shall not be deemed to impose any duty or obligation on the City to determine the adequacy
<br /> or sufficiency of Grantor's plans and designs nor whether Grantor's construction, work or activity is
<br /> in conformance with other applicable plans, codes and regulations. Further, agreement by the City to
<br /> such construction,work or activity shall not in any manner be considered as imposing any obligation,
<br /> duty or liability upon the City as to the safety or propriety of such construction, work or activity.
<br /> 4. Grantor hereby authorizes City to cut, trim and remove any and all brush, trees, other
<br /> vegetation or debris upon the Temporary Construction Easement and the right of access for such
<br /> purposes when needed for work on the City's installed water transmission pipeline. To the extent that
<br /> the City identifies brush, trees or other vegetation and debris within the Temporary Construction
<br /> Easement that, in the City's reasonable judgment, constitutes a hazard to the Temporary Construction
<br /> Easement and the right of access for such purposes, the City shall notify the Grantor and request that
<br /> Grantor remove the hazard or authorize the City to do so. If Grantor unreasonably fails to remove the
<br /> hazard in a timely manner, Grantor further agrees to pay the City for any and all costs incurred by the
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