CCP 09-23-2014 - Laserfiche WebLink

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The above described temporary easement further includes the right to cut, trim, or remove from the temporary easement areas any trees, shrubs, undergrowth or other vegetation that, in the Grantee's judgment, unreasonably interfere with the use of the easement by Grantee, its successors and assigns, provided that Grantee shall take all reasonable precautions to prevent any damage to the Grantor's property. During the term of the temporary easement, Grantor, its heirs, successors and assigns, will not erect, construct, or create any building, improvement, obstruction, perpendicular utility crossing, or structure of any kind, either above or below the surface of the temporary easement area or plant any trees, or stockpile construction debris or construction equipment, or change the grade thereof of the temporary easement area without the express written permission of the Grantee. 2. Term of Temporary Easement. Said temporary easement shall commence on September 1, 2014 and expire on August 1, 2015. 3. Relocation of Temporary Easement. Provided Grantor has a signed contract for the development of its Property, and provided Grantor reasonably needs access to the temporary easement area during the Grantee's use thereof, the Grantee agrees to relocate the temporary easement area, if practicable, to another part of the Grantor's property that is equal in size; provided, however Grantor gives Grantee 30 days written notice and provided the notice is not earlier than December 30, 2014. If the temporary easement area is relocated, all terms and conditions of this agreement shall apply to the new temporary easement area. 4. Soil Compaction and Restoration. Unless otherwise agreed to in writing by Grantor, Grantee will make reasonable efforts to restore the temporary easement areas including soil compaction to 95% of standard proctor density, matching the original surface grade as far as practicable, and restoration of the surface to like condition, either grass seeding or sodding, either paved or gravel surface restoration. Further, Grantee will restore any fencing that Grantee has removed or damaged in connection with Grantee's use of the temporary easement areas. If restoration is not complete by August 1, 2015, Grantor may authorize entry by license to Grantee to complete restoration or Grantor may undertake restoration by its own contractors and invoice the costs thereof to Grantee. Grantee will reimburse Grantor for such costs within 30days of receipt of an invoice therefor. 5. Covenant of Ownership. Grantor covenants that it is the lawful owner and is in lawful possession of the above described real estate and has lawful right and authority to convey and grant the temporary easement described herein. 6. Notices and Demands. All notices, requests, demands, consents, and other communications required or permitted under this temporary easement shall be in writing and shall be deemed to have been duly and properly given three (3) business days after the date of mailing if deposited in a receptacle of the United States mail, first class postage prepaid, addressed to the intended recipient as follows: 449517v2 NEt36 -24 2