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<br />1. First Party hereby grants and gIves the CITY, its successors and assIgns, the <br /> <br />exclusive right and privilege to construct, maintain and operate in the property described In <br /> <br />Schedule "B" hereto attached and made a part hereof, for the construction, operation and <br /> <br />maintenance of water facilities (including transmission mains, distribution mains, supply pipes, <br /> <br />collection pipes, manholes, valves, connections, pumps and all other physical facilities and <br /> <br />property installations) that are required, including necessary rights of ingress and egress through <br /> <br />the property of First Party for such period of time as the CITY, or its successors or assigns, <br /> <br />requires such rights, privileges or easements for operation and maintenance of said system or <br /> <br />systems. <br /> <br />2. The CITY will endeavor not to damage any of the owner's property during the <br /> <br />maintenance or repair of any of the CITY's facilities. However, in the event there is damage to <br /> <br />the First Party's property in the easement caused by the CITY during maintenance and repair of <br /> <br />the CITY's facilities, the CITY will restore pavement, curb-gutter, sidewalk and sod at its cost. <br /> <br />The CITY will not be responsible for the cost of repairs to structures, landscaping, or any other <br /> <br />property lying within the easement should they be damaged by the CITY during their <br /> <br />maintenance and repair operations. <br /> <br />3. Nothing in the Agreement and the easement herein granted shall be construed to <br /> <br />prevent First Party or its successors in interest from granting exclusive or non-exclusive rights, <br /> <br />privileges and easements to other persons, firms and corporations, for furnishing utility services <br /> <br />Active Park Eas ~ \\:'-0717 <br />April 19,2006 <br /> <br />2 <br /> <br />Initials: <br /> <br />Developer: <br /> <br />City: <br />