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Inst 2011188031
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Inst 2011188031
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Last modified
7/25/2011 3:42:55 PM
Creation date
7/25/2011 3:42:54 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
5/20/2011
Recorded Document Type
Easement
Retention
PERM
Document Relationships
Reso 2010-057
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2010
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2. Term. This Easement shall continue to be in full force and effect in perpetuity <br /> from the date of recordation of this Easement. After the installation of the sanitary sewer and <br /> appurtenances thereto, the Grantee must restore the property to its original condition and record <br /> the Easement. <br /> 3. Maintenance. Grantee shall be responsible for maintaining any sanitary sewer <br /> and appurtenances thereto, as described above, that it installs in the Easement Area in good <br /> condition and repair as reasonably determined by Grantee. Each party shall not unreasonably <br /> interfere with the rights of the other party to use this Easement Area. Each party shall be fully <br /> responsible for the repair of any damage caused by such party to the Easement Area during the <br /> course of its use by such party and shall make such repair as necessary to restore the Easement <br /> Area to its original condition upon notice of any damage. <br /> 4. Indemnity. Grantee shall indemnify, protect, and defend Grantor against and <br /> hold Grantor harmless from any and all claims, causes of action, judgments, obligations or <br /> liabilities, and all reasonable expenses incurred in investigating or resisting the same (including <br /> reasonable attorneys' fees), to the extent caused by Grantee, that arise out of Grantee's <br /> installation, maintenance, and/or use of Grantee's sanitary sewer equipment and appurtenances <br /> thereto described above in the Easement Area by Grantee and/or Grantee's agents, employees, <br /> contractors (and their subcontractors), and invitees (including any subtenant or assignee of <br /> Grantee), except to the extent it arises from the sole active negligence or willful misconduct of <br /> Grantor or Grantor's agents, employees, contractors (and their subcontractors), or invitees. <br /> 5. General Provisions. <br /> a. Assignment. Binding on Successors. This Easement runs with the land <br /> and shall be binding upon and inure to the benefit of the respective heirs, <br /> executors, administrators, personal representatives, successors and assigns <br /> of the parties hereto. <br /> b. Entire Agreement. This Easement constitutes the entire agreement <br /> between the parties hereto with respect to the subject matter hereof, and <br /> terminates and supersedes as of the date of recording any prior <br /> agreement(s) between the parties, written or oral, concerning the same. <br /> Any subsequent modification of this agreement shall be in writing and <br /> signed by both parties and their respective successors in interest. <br /> c. Severability. The invalidity of any of the provisions of this Easement, or <br /> any portion thereof, shall not affect the remaining portions hereof for any <br /> party hereto, and this Easement shall be construed as if such provision had <br /> not been inserted herein. <br /> d. Governing Law. This Easement shall be governed by and construed in <br /> accordance with the laws of the State of California. <br />
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