Laserfiche WebLink
a. Site grading and construction of crusher fines trail; <br /> b. Construction of bridge foundations, structure and appurtenances as shown <br /> on the Cowdrey Draw /Mayhoffer Trail Bridge Design attached hereto as <br /> Exhibit D (2.a and 2.b hereinafter collectively referred to as the "Trail <br /> Facilities <br /> c. Revegetation of the Premises; <br /> d. Operation, maintenance, and patrol of the Trail Facilities for passive <br /> recreational purposes; and <br /> e. Access onto and through the Premises to the extent reasonably necessary <br /> for the reasonable and proper exercise of each of the foregoing uses. <br /> The foregoing uses are collectively referred to as the "Permitted Uses." The Permitted Uses may <br /> be conducted upon the Premises only as and to the extent expressly authorized by the terms and <br /> provisions of this Agreement and Exhibit D (hereinafter referred to as the "Approved Plans and <br /> Specifications Any and all proposed amendments to the Approved Plans and Specifications <br /> shall first be provided to the City for its written approval, which such approval shall not be <br /> unreasonably withheld. <br /> 3. Uses Limited. The Premises may be occupied and used by the County during this <br /> Agreement solely for the Permitted Uses and solely in accordance with the terms and conditions <br /> of this Agreement and the Approved Plans and Specifications. Except as specifically allowed by <br /> this Agreement, the County shall not place, build, expand, or add to any structures or other <br /> improvements on the Premises. <br /> 4. City Use. The County's use under this Agreement is subordinate to the City's use <br /> under the Easement, and the City shall have the right to enter into the Premises at any time <br /> during the term of this Agreement for any purpose authorized to the City by the Easement. If <br /> such entry requires disturbance of any facilities or improvements installed by the County, the <br /> City shall make reasonable efforts to avoid or minimize damage to such facilities and <br /> improvements, but the City shall not be required to repair any such disturbance. The City may <br /> close down the Trail Facilities, if necessary, for any purpose authorized to the City by the <br /> Easement. If such closure is needed, the City will attempt to provide the County with a <br /> minimum of 48 hour notice. <br /> 5. Non-Interference. In the exercise of its rights pursuant to this Agreement, the <br /> County shall avoid any damage or interference with any City installations, structures, utilities, or <br /> improvements on, under, or adjacent to the Premises. The utilization of any heavy equipment <br /> (described as anything larger than a pickup truck or rubber tired backhoe) within the Premises <br /> shall require the analysis of a Professional Engineer, approved by the City, as to what measures <br /> are necessary to protect the City's installations, structures, utilities, or improvements on, under or <br /> adjacent to the Premises. The County shall be solely responsible for implementing the pleasures <br />