|
Grantee accepts the Easement"AS IS"with no representation as to the condition of the Easement.
<br /> Grantor makes no expressed or implied representation on the suitability of Easement for Grantee's
<br /> purposes. Grantee is solely responsible for determining whether the conditions of the Easement are
<br /> suitable for its purposes.
<br /> Grantor also grants to Grantee, its successors, and assigns, and its and their contractors, agents, and
<br /> employees the right to trim such trees and other foliage and to cut such limbs and roots on said
<br /> Property as may be necessary for the protection of said Easement,and the right to clear and keep the
<br /> Easement free from explosives, buildings, equipment, brush, combustible material and any and all
<br /> other obstructions of any kind which may endanger said Easement or any part thereof or interfere
<br /> with the exercise of the rights herein granted.
<br /> Grantee hereby agrees to refrain from expanding,altering,replacing,or reconstructing the Easement
<br /> in any way which would create an unreasonable risk to the Property or its occupants.
<br /> Co_mlaliance With Laws.
<br /> Grantor has complied with all Education Code requirements to convey the Easement to the
<br /> Grantee and does not require the Easement for classroom purposes.
<br /> Grantee shall at Grantee's expense comply with all requirements of all governmental authorities,
<br /> in force either now or in the .future, affecting the Property, the Easement and Grantee's use
<br /> thereof, and shall faithfully observe all laws, regulations and ordinances of these authorities, in
<br /> force either now or in the future including, without limitation, all applicable federal, state and
<br /> local laws, regulations, and ordinances.
<br /> Indemnif eation.
<br /> Grantee shall indemnify, defend and hold harmless Grantor and its agents, employees, officers,
<br /> trustees, members, directors, and all those acting on behalf of Grantor, (collectively, the "Grantor
<br /> Parties"),and each of them,from all claims,losses,liabilities,damages,costs and expenses(including
<br /> reasonable attorneys' fees) (collectively, "Losses"), directly related to City's construction,
<br /> replacement, repair, or installation of improvements on the Easement Area or maintenance thereof.
<br /> Provided,however,nothing contained in this paragraph shall operate to relieve Grantor from any Loss
<br /> to the extent caused by the negligence or intentional misconduct of Grantor or any other Grantor
<br /> Party.Payment shall not be a condition precedent to enforcement of the obligations set forth in this
<br /> paragraph.
<br /> Insurance:The City represents that,as a charter city and municipal corporation, it is self-insured
<br /> against damages, injury and other forms of liability.
<br /> Notices: Any notice,payment or instrument required or permitted to be given or delivered by this
<br /> Easement may be given or delivered by electronic service,personal delivery or by depositing the
<br /> same in any United States mail depository, first class postage prepaid,and addressed as follows:
<br /> If to Grantee: City of Santa Ana
<br /> 20 Civic Center PIaza,M-30
<br /> Santa Ana,CA 92701
<br /> 2
<br />
|