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Pam Sheldon <br /> February 28, 1997 <br /> Page 5 <br /> If there is any damage to the easement parcel, "beyond ordinary wear and tear, <br /> construction of a pedestrian walkway, bicycle access and bridge, and alteration or <br /> removal of the drainage pond, as caused by'the (City) or members of the public, <br /> the damage shall be repaired promptly,and the cost of repair of such damage shall <br /> be paid by the (City). <br /> The City is required to "defend, indemnify and save (Associates) harmless from <br /> and against any and all claims, demands, suits, liabilities, costs and expenses, <br /> including reasonable attorneys fees, incurred or suffered by reason of (loss of <br /> damage of any person and/or property which arises or is caused by (i) the <br /> negligence or willful misconduct of the (City) or members of the public on the <br /> easement parcel, or (ii) (City's) alteration, removal and/or relocation of the <br /> drainage pond currently located on the easement parcel, including without <br /> limitation, any flooding of or drainage onto other properties, or (iii) any expense, <br /> including reasonable attorney's or consultant's fees incurred by (Associates) in <br /> order to comply with the requirements of any governmental agency relating to <br /> environmental or wetlands laws, which (Associates) has incurred in order to <br /> correct any sinlation arising from (City's) drainage or alteration of the ponding <br /> area presently located on the easement parcel. <br /> It would appear unlikely to me that any of these rights and obligations are likely to cause the <br /> City to incur expense, so long as it does not move the drainage pond from the easement parcel, <br /> build the bridge or otherwise engage in negligence or wilful misconduct on the easement parcel. <br /> I am enclosing a copy of the stipulation and easement for the benefit of those who may not have <br /> a copy. <br /> Please advise me concerning how the Council wishes to have us proceed. <br /> Very truly you <br /> L, <br /> ge), <br /> cej2ifier <br /> Robert i. ' <br /> . RJL:ds <br /> cc: Bob Long <br /> • <br /> RLD118507 <br /> MU125-S9 <br /> 9t/9 3O'dd O t E6GEEZ t 9'OI N3Atnin '8 Aa3NN3}1 140213 IaO= I I 2.6-8Z-633 <br />