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Inst 2005007910
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Inst 2005007910
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Last modified
1/28/2009 4:51:52 PM
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1/28/2009 4:51:52 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
11/1/2004
Recorded Document Type
Easement
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PERM
Document Relationships
RDA Reso 2004-022
(Approved by)
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\City Clerk\City Council\Resolutions\2004
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(b) Grantor grants to Grantee anon-exclusive sub-surface facility Easement in the <br />Easement Area for all purposes necessary to install, maintain, repair, and replace below grade <br />utility lines and appurtenances thereto. <br />2. Term This Easement shall contirnle in full force and effect in perpetuity from the date <br />of recordation of this Easement, except as may be provided for in Section 6 of this Easement. <br />After the installation of the telephone equipment and appurtenances thereto, the Grantee must <br />restore the property to its original condition. <br />3. Maintenance Grantee shall be responsible for maintaining any telephone equipment <br />and appurtenances thereto, as described above, that it installs in the Easement Area in good <br />condition and repair. Grantee shall not unreasonably interfere with the rights of Grantor to use <br />this Easement Area. Grantee shall be fully responsible for the repair of any damage caused to the <br />Easement Area during the course of its use by Grantee and shall make such repair as necessary to <br />restore the Easement Area to its original condition upon notice of any damage. <br />4. Indemnity Grantee shall indemnify, protect, and defend Grantor against and hold <br />Grantor harmless from any and all claims, causes of action, judgments, obligations or liabilities, <br />and all reasonable expenses incurred in investigating or resisting the same (including reasonable <br />attorneys' fees), that arise out of the installation, maintenance, and/or use of the telephone <br />equipment and appurtenances thereto described above in the Easement Area by Grantee and/or <br />Grantee's agents, employees, contractors (and their subcontractors), and invitees (including any <br />subtenant or assignee of Grantee), except to the extent it arises from the sole active negligence or <br />willful misconduct of Grantor or Grantor's agents, employees, contractors (and their <br />subcontractors), or invitees. , <br />5. General Provisions <br />a. Assignment: Binding on Successors This Easement nuns with the land and <br />shall be binding upon and inure to the benefit of the respective heirs, executors, <br />administrators, personal representatives, successors and assigns of the parties <br />hereto. <br />b. Entire Agreement This basement constitutes the entire agreement between the <br />parties hereto with respect to the subject matter hereof, and terminates and <br />supersedes as of the data, hereof any prior agreement(s) between the parties, <br />written or oral, concerning the same. Any subsequent modification of this <br />Easement shall be in writing and signed by both parties and their respective <br />successors in interest. <br />c. Severability The invalidity of any of the provisions of this Easement, or arty <br />portion thereof, shall not affect the remaining portions hereof for any party hereto, <br />and this Easement shall be construed as if such provision had not been inserted <br />herein. <br />
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