4.16. SR 06-21-2021 - Laserfiche WebLink

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improvements to the portion of the driving range located on the Driving Range Easement, in accordance with plans and specifications approved by the City. The Country Club shall maintain, on the Country Club Property and/or the Driving Range Easement, a fence or other appropriate barrier to prevent golf balls from landing on any portion of the Park Property lying outside of the Driving Range Easement. The Country Club shall pay all costs and expenses of such work, including all costs for repair of any damage to the Park Property caused by construction or use of the driving range. 2. The Country Club shall permanently maintain, repair and replace all improvements in the Driving Range Easement at its sole cost and expense, and the City shall have no obligation to pay for any costs related to such maintenance, repair or replacement. 3. No structures or improvements other than those related to the driving range and approved by the City shall be constructed or maintained by reason of the rights granted herein upon the Driving Range Easement. Trail Easement l . In consideration for the City's agreement to grant the Driving Range Easement, the Country Club hereby grants and conveys to the City and its successors and assigns, an easement for trail and signage purposes over the area legally described on Exhibit D attached hereto (the "Trail Easement"). The City shall have the right to install a public trail and signage thereon, and to maintain and make improvements to the public trail and signage located on the Trail Easement, in accordance with plans and specifications provided to the Country Club. The City shall pay all costs and expenses of such construction work, including all costs for maintenance and repair of the public trail and signage on the Trail Easement. 2. The City shall permanently maintain, repair and replace the improvements on the Trail Easement at its sole cost and expense, and the Country Club shall have no obligation to pay for any costs related to such maintenance, repair or replacement unless the Country Club or any of its invitees, contractors or agents cause damage to the trail or signage. 3. No structures or improvements other than a public trail and signage for the Park Property shall be constructed by reason of the rights granted herein upon the Trail Easement. General Conditions l . The Parties shall indemnify and hold each other harmless from and against any and all claims, actions, damages, liability and expense in connection with damage to property or bodily injury arising out of the use of easements granted in this Agreement. 2. If any party to this Agreement (or their respective successors entitled) shall bring an action, legal or equitable, against any other party or parties to this Agreement (or its or their successors in title) in connection with an alleged breach of the terms and provisions hereof, the losing parry or parties shall pay the prevailing party or parties reasonable attorneys' fees and costs in connection with any such action, and such attorneys' fees and costs shall be deemed to have accrued on the commencement date of any such action. 2