11-24-2004 Council Agenda - Laserfiche WebLink

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ARTICLE 1 EASEMENT The EDA hereby grants a non - exclusive easement to Developer for the construction, alteration, repair, replacement and maintenance of underground utility facilities intended to provide services to the Developer Property (the "Utility Facilities "), under the portion of the EDA Property depicted on Exhibit A attached hereto (the "Utility Easement Area "), subject to the terms and conditions set forth herein. ARTICLE 2 CONSTRUCTION AND MAINTENANCE OE UTILITY FACILITIES 2.1 Coordination. The plans for any Utility Facilities to be constructed in the Utility Easement Area shall be approved in advance by the EDA, and the construction, alteration, repair, replacement and maintenance of such improvements shall be coordinated with the EDA. 2.2 Temporary License. During the period of any construction, alteration, repair, replacement and maintenance of Utility Facilities located in the Utility Easement Area, the EDA grants to Developer, its architects, engineers, contractors, subcontractors, materialmen and others engaged in directing and performing such work for Developer, a temporary license to use portions of the EDA Property, as and to the extent reasonably necessary for the purpose of performing necessary work. 2.3 Restoration. Upon completion of any work as to which a temporary license or right was enjoyed pursuant to the provisions of this Article 2, Developer shall promptly, at its own cost and expense, repair and /or restore the EDA Property and any facilities located thereon to the same or better condition as existed immediately before the license was exercised. 2.4. Liens. Developer shall not permit any mechanics', materialmen's or other liens to stand against the EDA Property or any part thereof for work or materials furnished to Developer in connection with the rights granted pursuant to this Agreement, and Developer agrees to indemnify, defend and hold harmless EDA from and against the same. ARTICLE 3 GENERAL PROVISIONS 3.1 Covenants to Run with Land. The EDA hereby declares that the EDA Property is, and shall be, held, transferred, sold, conveyed and occupied subject to the easements, restrictions and covenants of this Agreement. 2 - 1 3 -