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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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6. Additional Terms and Conditions. Grantor reserves the right to require that <br /> Grantee protect, remove, or relocate its facilities located within the Easement Area subject to the <br /> terms and conditions below. <br /> a. Improvement of Cite Property. The Grantor may require the Grantee to <br /> protect, remove, or relocate its aboveground appurtenances to accommodate Grantor's <br /> widening, change of grade, construction, reconstruction, maintenance, or repair of any <br /> above ground public facility or use within the Easement Area conditioned upon Grantor <br /> providing advance notice of the intended work as per section 6b, below. Without limiting <br /> the generality of this Section, Grantor will endeavor to minimize the impact on Grantee <br /> to the extent reasonably feasible. At the request of Grantee, the Grantor may perform <br /> these activities on its behalf. All of the costs associated with the activities outlined in this <br /> section will be borne by the Grantee. <br /> b. Notice. The City Engineer shall give to Grantee, or to the local manager <br /> or agent of Grantee, at least twenty -four (24) months written notice in advance of any <br /> work to be done by or on behalf of Grantor or other third parties in the Easement Area, so <br /> as to provide adequate time to meet the permitting requirements limiting the construction <br /> season as required under the Endangered Species Act. The notice will specify the general <br /> nature of the work, and the area in which the work will be performed. Grantor shall work <br /> with Grantee to do all things to protect, remove, or relocate its facilities during the <br /> progress of such work upon receiving such notice. Grantor shall work with Grantee to <br /> protect, remove, or relocate its facilities for such a period as shall be in accordance with <br /> generally recognized engineering and construction methods. All work performed to <br /> protect, remove, or relocate its facilities shall be at the sole cost and expense of Grantee. <br /> Without limiting the generality of this Section, Grantor will endeavor to minimize the <br /> impact on Grantee. <br />
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