City Council Agenda and Packet 2002 12 03

Home Browse Search

DRAFT 11/18/2002 also show existing surface features and known utilities within ten (10) feet of utility line. as well as any valves, fittings, or other appurtenances on the utility line and within the Easement Area. Any stationing shown on plans and specifieations shall also be shown on the as-built plan. - 4. Grantee at its sole expense shall restore the surface of the ground and shall restore any improvements, landscaping, and other facilities located in the Easement Area to the conditions that existed immediately prior to the commencement of any of Grantee's activities permitted hereunder or, at Grantor's option, pay the actual damages to such items caused by Grantee's activities. As part of such restoration, Grantee shall at its sole expense re-seed and provide irrigation for areas disturbed by its activities or, at Grantor's option, reimburse the City for such costs. 5. Grantee shall at its solie expense relocate the Underground Facilities if at any time the City requests Grantee to do so in order to permit the City to use the Easement Area for any street improvement or other public improvement, or for any other public use or municipal purpose. The Grantee shall complete such relocation as soon as practicable after the date the City makes such request, but in any event within 90 days after such request. Grantee specifically acknowledges that the City, by way of example and not limitation, may improve the Easement Area with above ground and underground street and utility improvements, and that the City may require relocation of the Underground Facilities at Grantee's expense such City improvements. 6. lbe Grantee shall exeeute an instrument to terminate this Agreement and reconvey its interests hereunder to the City in the event the Underground Facilities are placed within a City street and become subject to a franchise agreement between the parties executed after the date of this Agreement. Grantee shall execute and deliver such instrument, in a form acceptable to the City, promptly upon request under this Section 6. 7. Grantee shall be solely responsible for all damages to persons or property which may in whole or part be caused by the Grantee or its agents or employees, or which may result or arise in whole or part from their activities on the Easement Area or pursuant to this Agreement. Grantee will indemnify and hold harmless the Grantor, its elected and appointed officials, and its employees, agents and representatives, from any and all liability, damage, loss, cost or expense, including but not limited to attorney's fees, which the Grantor. its elected and appointed officials, and its employee:s, agents and representatives may suffer as a result of any and all claims, demands, actions, costs or judgments made or brought against them by any person or entity, and which arise either in whole or in part out of Grante~e' s activities performed or permitted hereunder. The Grantee shall investigate,. handle, respond to, ,md provide defense for and defend against any such liability, claims and dem.mds. By demanding this right of indemnification and defense, Grantor in no way waives or intends to waive the limitations on liability which are provided to Grantor and its employees under the Colorado Governmental Immunity Act, C.R.S. '24-10-101 ct. seq. The Grantee's indemnification obligation shall not be construed to extend to any injury, loss, or damage 2