7.8. SR 04-17-2017 - Laserfiche WebLink

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exercise of the rights granted herein. The Easements shall permanently run with the title to the Property and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors, and assigns, including, but without limitation, to all subsequent owners of the Property and the Easement Areas and all persons claiming under them. 4. Use of Easement Areas by Grantor – Grantor hereby agrees that Grantor will not perform or allow or cause the construction of any structures or other improvements on the Easement Areas, including fencing or landscaping, which could damage or obstruct the Utility Facilities or interfere with Grantee’s access to or Grantee’s right to construct, maintain, and repair the Utility Facilities. Grantor hereby reserves and retains all other property rights in and to the Easement Areas, including without limitation, the right to use the Easement Areas for any purpose whatsoever, including, but not limited to, the right to use, maintain and/or operate any Encroachments (hereinafter defined), so long as such use does not interfere with Grantee’s rights hereunder. Grantor agrees that Grantee’s approval will be required before the installation of any new improvements in the Easement Areas, including the installation of fences, trees or other landscaping; provided, however, Grantee agrees to grant such approval so long as the proposed improvement will, in Grantee’s judgment, not interfere with Grantee’s rights hereunder. 5. Conduct of Work and Notification – Any installation, maintenance, replacement, repair and/or removal of the Utility Facilities performed by Grantee, its agents and employees, shall be performed at Grantee’s sole cost and expense after thirty (30) days’ notice to the Grantor, except that Grantor may waive this notice period and, in an emergency, the work may be initiated by Grantee after reasonable notice. 6. Prohibition Against Liens – Grantee shall not permit any mechanics’, materialmen’s or other liens to be filed against the Property or any part thereof for work or materials furnished Grantee in connection with the Easements. 7. Easement 1 Requirements. A. Grantor placed improvements within the original easement description for the Utility Facilities located in Easement 1. The City agrees to vacate the original easement description and provide a new legal description for the Utility Facilities as provided in Easement 1 which will place the existing Utility Facilities on the west boundary of the Easement Area, rather than in the center of the Easement Area. B. Grantor agrees that Grantor is fully responsible and liable for any and all damage caused to the Grantor’s improvements located within 10 feet of the westerly boundary of Easement 1 and agrees to indemnify and hold the Grantee harmless from any damage caused to such improvements in connection with the use, maintenance, repair or replacement of the utility located within Easement 1.