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6.1.G. - Page 17
<br /> AGREEMENT
<br /> NOW, THEREFORE, in consideration of the foregoing recitals, the mutual
<br /> covenants contained in this Agreement, and other good and valuable
<br /> consideration, the receipt and sufficiency of which are hereby acknowledged, the
<br /> parties agree as follows:
<br /> 1. Grant of Easement.
<br /> a. Grant. Grantor, for itself, its successors and assigns and all those
<br /> taking by, under or through Grantor, hereby grants to Grantee, its successors
<br /> and assigns, all those taking by, under or through Grantee, a non-exclusive
<br /> perpetual easement and right of way for the excavation, microtunneling,
<br /> construction, installation, use, maintenance, repair or replacement (in the original
<br /> or any other size) as Grantee shall from time to time elect, of underground public
<br /> utilities including, without limitation, pressurized sanitary sewerage pipelines and
<br /> casings, microtunneling shafts for the installation of such pipelines and casings,
<br /> recycled water transmission lines, fiber optic conduits and cables and
<br /> appurtenances to and for each of said uses within and under the Easement Area
<br /> ("Easement").
<br /> b. Concurrent Uses. Each party acknowledges and agrees that the
<br /> Easement Area will be concurrently used by Grantee, Grantor, and the general
<br /> public. Each party further acknowledges and agrees that Grantor fully reserves
<br /> the right to occupy and use the Easement Area, including the land surface and
<br /> overlying water body thereof except as provided in Subsection c., below.
<br /> c. No Interference. Grantor shall not obstruct, use, or permit any use
<br /> by Grantor, its officers, employees, consultants, agents, invitees, successors and
<br /> assigns, of the Easement Area in any manner that burdens, restricts, or
<br /> interferes with the Easement. Grantor's obligations under this Subsection c. do
<br /> not extend to interference by the public or third parties.
<br /> 2. Maintenance
<br /> a. Grantee's Obliqation to Maintain and Repair. Grantee, at its sole
<br /> cost and expense, shall maintain and repair the public utility improvements
<br /> constructed by Grantee within the Easement Area. Grantee shall promptly repair
<br /> damage to the Easement Area to the extent caused by Grantee, its employees,
<br /> agents, contractors or subcontractors in connection with said improvements, to
<br /> the reasonable satisfaction of Grantor's City Engineer.
<br /> b. Permits and Licenses; Compliance with Law. Grantee (i) shall
<br /> comply with all applicable legal requirements pertinent to Grantee's Project to the
<br /> extent required for its use of the Easement Area including all federal, state, and
<br /> local laws (including City ordinances and resolutions, and requirements of other
<br /> ATTY/AGR/2013.060/SBSA REDWOOD CRK EASEMENT
<br /> REV: 07-10-13 VR
<br /> Page 2 of 12
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