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07-1775 Purchase Agreement & Temporary Access License - Masonic Lodge
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07-1775 Purchase Agreement & Temporary Access License - Masonic Lodge
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5/1/2007 9:04:38 AM
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5/1/2007 9:04:38 AM
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City Clerk
City Clerk - Doc Type
Resolutions
City Clerk - Date
4/9/2007
Doc Number
07-1775
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<br />1, The foregoing recitals are true and correct, and are hereby incorporated herein and made <br />a part of this License. <br />2, GRANTOR does hereby grant and convey to GRANTEE, its contractors and/or other <br />agents, a temporary, revocable, non-exclusive license in, on, across and through the License Area for the <br />sole purposes of completing the following construction work: (i) performing surveys necessary to establish <br />construction and staging areas and designating such areas by the installation of construction fencing or <br />screening, (ii) performing engineering assessments and evaluation, and (iii) constructing the roundabout <br />infrastructure improvements for the Masonic Lodge Parcel, located at Triplet Lake Drive and Quail Pond <br />Circle, associated with the Project, including irrigation and landscaping, In no event shall this License <br />allow GRANTEE to use any other portion of the Masonic Lodge property for any purpose whatsoever, <br />3. GRANTEE agrees to defend, protect, indemnify and hold harmless GRANTOR with <br />respect to any and all liabilities, claims, actions, suits, injunctions, costs, expenses, liens and other legal <br />and equitable proceedings (including reasonable attorneys' and other professionals' fees), resulting from <br />or relating to the use or occupancy of the License Area by the GRANTEE or arising in any manner out of <br />the acts or omissions of the GRANTEE or its agents or employees or any other persons acting under the <br />GRANTEE's direction or control in connection with the License or with the use or occupancy of the <br />License Area, save and except claims and litigation arising through the gross negligence or willful <br />misconduct of GRANTOR, With respect to claims arising during the term hereof, and regardless of when <br />the claim is actually filed, this indemnification shall survive the expiration or termination of this License. <br />Further, when or where any direct or indirect damage or injury is done to the License Area or any other <br />private property whether owned by GRANTOR or some other third party by or on account of any act, <br />omission, neglect or misconduct in the execution of the work on GRANTEE's part contemplated by this <br />License, GRANTEE shall restore, at its sole cost and expense, such property to a condition equal to or <br />better than as existed before such damage or injury was done, by repairing, rebuilding, or otherwise <br />restoring such property as may be directed by GRANTOR, <br />4, TERM. The term of this License shall commence on the date hereof and shall terminate <br />on the earlier of (i) the date GRANTEE completes all of the work required related to the roundabout <br />infrastructure improvements at Triplet Lake Drive and Quail Pond Circle, associated with the actual <br />
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