reclaimed water, and for installation, inspection, excavation, construction, use, operation, repair
<br />and maintenance of public water (potable and reclaimed) and sewer lines, mains, pipes, valves,
<br />meters, hydrants, manholes, and similar appurtenances in connection therewith, along with a
<br />right of reasonable vehicular and pedestrian access to and from the Utility Easement Areas to
<br />perform such installation, inspection, construction, use, operation, repair, and maintenance of
<br />same. City hereby agrees that all Utility Improvements shall be underground, except for fire
<br />hydrants, water and reclaimed water meters, if any.
<br />3. Incidental Rights. These easements hereby created and granted include the creation of
<br />all incidental rights reasonably necessary for the use and enjoyment of the Utility Easement
<br />Areas, for their intended purposes, including, specifically, the right of entry for purposes of
<br />construction, installation, operation, maintenance, replacement and repair of any Improvements
<br />and Utilities located within the Utility Easement Areas.
<br />4. Utility Construction and Maintenance Expenses. Grantor shall bear the cost and expense
<br />of any construction, repair, alteration, relocation, replacement, or removal activities performed
<br />within the Utility Easement Areas. All construction, repair, relocation, alteration and
<br />replacement to be completed by Grantor, must be pre -approved in writing by the City in its sole
<br />discretion to City standards. The Grantor shall also, at Grantor's cost and expense, restore the
<br />Property and Utility Easement Areas to the condition which existed prior to any such
<br />construction, repair, alteration, replacement or removal activities, including but not limited to,
<br />revegetation, resodding, repaving, or removal of debris or dirt caused by or resulting from such
<br />activities. City owned utility facilities shall be maintained and repaired by the City. City shall
<br />restore the Property and Utility Easement Areas to the condition it existed prior to any
<br />maintenance or repair, including, but not limited to resodding, repaving, or removal of debris or
<br />dirt caused by or resulting from such activities.
<br />5. Use. Use of the Utility Easement Areas and entry upon the Property will at all times
<br />conform to and comply with the terms of this Agreement and all applicable governmental
<br />regulations now in existence or hereafter created.
<br />6. Enforcement. In the event of a breach of any of the covenants or agreements set forth in
<br />this Agreement, the parties shall be entitled to seek any and all remedies available at law or in
<br />equity, including, but not limited to, the equitable remedies of specific performance or
<br />mandatory or prohibitory injunction issued by a court of appropriate jurisdiction. In the event it
<br />becomes necessary for any party to defend or institute legal proceedings as the result of the
<br />failure of either party to comply with the terms, covenants, agreements and conditions of this
<br />Agreement, the prevailing party or parties in such litigation shall be entitled to be reimbursed by
<br />the defaulting party or parties for all reasonable costs incurred or expended in connection
<br />therewith, including, but not limited to, reasonable attorneys' fees and court costs through all
<br />trial and appellate levels.
<br />7. Duration. The easements hereby granted and conveyed to, over, under, upon, across, and
<br />through the Easement Areas shall be perpetual in duration.
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