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2019-008 Council Ordinances
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2019-008 Council Ordinances
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Last modified
10/11/2021 8:20:48 AM
Creation date
12/2/2019 2:29:49 PM
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City Council
Council Document Type
Ordinances
Meeting Date
07/08/2019
Council Meeting Type
Regular
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f I <br /> action arising from or in connection with any such mechanic's or materialman's <br /> lien, including, without limitation, attorney's fees and expenses and court costs and <br /> ii)to obtain and maintain the insurance required pursuant to this Agreement. <br /> 5. Grantee hereby agrees that Grantee shall be responsible for all maintenance and <br /> repairs relating to the Easement granted herein and shall be directly responsible for <br /> the payment of all costs and expenses incurred in connection therewith. <br /> As used herein,the phrase "maintenance and repairs" shall mean that the easement <br /> and all improvements to be constructed therein in connection with the use and <br /> enjoyment thereof shall be kept at all times and from time to time in good order <br /> and condition and in compliance with all applicable governmental requirements, <br /> including, without limitation, i)the maintenance, repair and/or replacement of any <br /> portion or portions thereof as may from time to time be necessary, and ii)the <br /> repair and restoration of any damage caused to the property of Grantor resulting <br /> from such maintenance,repair and/or replacement. <br /> 6. To the extent allowed by law, Grantee agrees to indemnify and defend Grantor and <br /> to hold Grantor harmless from and against any loss, claim, damage, cost, expense, <br /> liability, action or cause of action, including, without limitation, attorneys' fees <br /> and expenses and court costs, arising out of or incurred in connection with <br /> Grantee's use of the Easement unless the loss, claim, damage is caused by the <br /> negligence or willful misconduct of Grantor. <br /> 7. Grantor's rights and responsibilities under this Agreement shall run with the land <br /> which is subject to the Easement. To Grantor's actual knowledge Grantor is the <br /> owner of Parcels 1 and 2 and has the right, title and capacity to convey this <br /> Easement to Grantee. <br /> 8. The Grantee's rights and responsibilities under this Easement are not assignable. <br /> STATE DEED TAX DUE: NONE. <br /> 3 <br />
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