Reso 2014-2256 - Laserfiche WebLink

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section of Grantor's property that is encumbered by this Agreement. From and after the date of this Agreement, only the Easement Parcel shall be subject to, and burdened and encumbered by, the terms and provisions of this Agreement. 3. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive permanent easement ("Easement") in favor of the Grantee over, across, under and through the Easement Parcel, as more thoroughly described in Exhibit"A", solely for the construction and maintenance of the Emergency Bridge Project. 4. Improvements. Grantee agrees to construct the following improvements on the Easement Parcel and adjacent area: a) replacement of the existing fence with a 6 (six) foot powder coated aluminum fence along the western end of the Easement Parcel; b) replacement of landscaping along the new fence line area with the same type of plant material that the Grantee may use for the Emergency Bridge Project ; c) replacement of the western entrance gate and associated posts to 172nd Street, if the entrance gate is damaged during the construction of the Emergency Bridge Project; and d) replacement of pavement on the western end of the Property or Easement Parcel with a length of 140' x 25' (one hundred and forty feet by twenty five feet). 5. Restoration of Property. Grantee and its agents shall be responsible for restoring the Easement Parcel in the same condition that it was before the construction of improvements set forth in Section 4. 6. Maintenance of Easement Parcel. Grantor shall be responsible for maintaining the Easement Parcel (including any and all improvements which may be constructed thereon from time to time) after the conclusion of the activities described in Section 4 above have been complete. Notwithstanding the foregoing, the Grantee shall be required to restore any property damaged if Grantee seeks to maintain the Emergency Bridge. a. Grantee shall use its best effort to minimize any excessive noise or dust that is generated from construction activities performed on the Easement Parcel. To the extent possible, the Grantee shall remedy any noise or dust complaints filed by the Grantor. b. Grantee shall take all necessary measures to prevent rodent and vermin infestation during the construction activities. To the extent possible, the Grantee shall remedy any complaints filed by the Grantor regarding rodent and vermin infestation. 7. Compliance with Laws. The beneficiaries of the Easement shall at all times observe in the use of the Easement Parcel all applicable municipal, county, state and federal laws, ordinances, codes, statutes, rules and regulations. 8. Reservation. Grantor hereby reserves all rights of ownership in and to the Easement Parcel which are not inconsistent with the Easement, including limitation: (a) the right to grant further non-exclusive easements on, over/or across the Easement Parcel, and (b) the right Page 2 of 6