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8G Consent 2011 1017
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8G Consent 2011 1017
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7/20/2012 5:23:08 PM
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10/12/2011 1:19:28 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
10/17/2011
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_CC Agenda 2011 1017
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Path:
\City Clerk\City Council\Agenda Packets\2011\Packet 2011 1017
Reso 2011-179
(Reference)
Path:
\City Clerk\City Council\Resolutions\2011
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d. Grantee may install a sensor and boom and conduit/conductors from the sensor and boom <br />to the metal boxes. <br />e. Grantee may install a rain gauge with maximum dimensions of one (1) foot long by one <br />(1) foot wide by one (1) foot tall on a pole of maximum height ten (10) feet with a <br />concrete foundation. <br />f All items shall be installed approximately at the locations shown in Exhibit C. <br />2. Term This Easement shall continue in full force and effect for ten (10) years from the <br />effective date. <br />3. Maintenance Grantee shall be responsible for maintaining all items it installs in good <br />condition and repair at Grantee's expense. Grantee shall not unreasonably interfere with the <br />rights of others in their use of the Property and shall not prevent access across the easement area <br />or to /from the Property. <br />4. Insurance and Indemnity See Exhibit D. <br />5. General Provisions <br />a. Assignment: Binding on Successors This Easement nuns with the land and shall <br />be binding upon and inure to the benefit of the respective parties. <br />b. Entire Agreement This Easement constitutes the entire agreement between the <br />parties hereto with respect to the subject matter hereof, and terminates and supersedes as of the <br />date hereof any prior agreement(s) between the parties, written or oral, concerning the same. <br />Any subsequent modification of this Easement shall be in writing and signed by both parties or <br />their respective successors in interest. <br />c. Severability The invalidity of any of the provisions of this Easement, or any <br />portion thereof, shall not affect the remaining portions hereof for any party hereto and this <br />Easement shall be construed as if such provision had not been inserted herein. <br />d. Governing Law This Easement shall be governed by and construed in accordance <br />with the laws of the State of California. <br />e. Restoration Grantee shall remove all installed items including concrete <br />foundations and underground conduit and restore the area to the satisfaction of the Grantor prior <br />to the expiration of the term. <br />f Notices. All notices and other communications given pursuant to this Agreement <br />shall be in writing and shall be given by mailing the same by certified or registered mail, return <br />receipt requested, postage prepaid or by United States express mail, by a commercially <br />recognized courier service, or by facsimile transmission provided that a tale copy of the <br />facsimile transmission is sent on the same day by United States express mail or a commercially <br />recognized courier service for delivery no later than the next business day. Any such notice or <br />other communication shall be deemed to have been given on the earlier of (i) personal delivery, <br />
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