City Council Agenda and Packet 2007 05 23 SP

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.. - fPLTJ@!%@u tht: Mayholler PropcI1y Access Area for ingress and egress. In addition, Grantor further reserves the right. for themselves and their heirs, personal representatives, tenants, successors and assigns. to use the Mayhoffcr Property Access Area for any other purpose so long as such use docs ....not unreasonably inlerfere with the Grantee's use of the License for its intended purpose as expressed in this Agreement. In addition, the Grantee acknowledges that the License is subject to all other easements. rights of way. covenants. conditions, restrictions, reservations and other rights of record or in existence. including, but 110t limited to. Decker-Stahr Properties No. Three, LLC's easement for ingress and egress and limited parking. 5. Covenants and Oblie.atiolls. (a) Any vehicle using the Mayhoffer Property Access Area under the License shall proceed continuously thmugh the Mayhoffer Property Access Area without stopping, except to open and close gates. (bl Grantee and its respective agents and employees shall not place or create any trash or litter on Grantor's Property. (e) All activities and conduct of Grantee and its respective agents and employees under this Agreement or the License granted herein will comply at all times with all applicable laws, urdinances, regulations and other governmental requirements now or hereafter in effect. (ell The use of the Mayhoffer Property Access Area is at the risk of the Grantee and its respective agents and employees, and Grantor shall not be liable to the Grantee or to any of its agl..'nts or employees, or to any other person for or on account of any injury or damage to persons or property by reason of any act or thing done or omitted to be done by the Grantee or any of its agents or employees, and the Grantee shall be responsible for any and all actions. claims. demands, injuries, deaths. losses. liabilities, damages, expenses (including attorneys' fees), and other harm of whatever kind or character, arising out of' or in any way related to (i) any breach. default or nonperformance of this Agreement by the Grantee 1..11' any of its agents or employees, or (ii) the lIse or enjoyment of the License or the MayhofleT Propcl1y ,Access Area by the Grantee or any of its agents or employees, or allY other person or party acting or claiming to ad pursuant to authority given directly or indirectly by the Grantee. Nothing contained in the I'oregoing provisions of this paragraph or elsewhere in this Agreement is or shall be construed as an authorizatiun: for the Grantee or any of its ngents or employees to enter upon or utilize any of Grantor's Property othl~r than the Mayhoffer Property Access Area (as slIch term is defined and limited above): or for any person or party other than the respective agents and employees ofthc Grantee to use the License. 6. I'vlavhoffer Property Access Area is Private. Nothing contained in this Agreement shall operate or be construed to characteriz.e the MayhotTer Property Access Area as public rights of way or to make the I'vlayhofJer Property Access Area available to the public. 7. Other Necessafv Access Rights. Grantee acknowledges that the License provides a private right or ingress and egress over only the Mnyhoffcr Property Access Area, and thnt nothing contained herein operates or shall be construed as a grant or purported grant by Granlor -2-