Permanent Easement and License Agreement Sample Clauses

Permanent Easement and License Agreement. Upon completion of the construction of the trail and upon completion of a survey of the trail, as built, by a licensed professional land surveyor, the parties will execute a Permanent Easement and License Agreement. This agreement will include a vacation by the City in favor of Equity Office of the easement the City currently holds along the east bank of the Creek, which is a part of Xxxxx Xx. 00000, and the grant by Equity Office of a new easement in favor of the City for the trail, located along the west bank of the Creek and delineated by the as‐built survey of the trail. The City Attorney must approve both documents as to form prior to recordation. This agreement will also provide that Equity Office will have the responsibility for daily trash removal and weed removal. This agreement will also provide that the City will indemnify and be liable for any third‐party claims arising out of the trail easement, except for claims arising solely out of any actions, excluding negligent acts or omissions, by Equity Office or is officers, employees, or agents. The agreement will also provide that the City bears the responsibility to preserve the trail’s integrity as a public resource and will be responsible for repairs as needed, beyond daily trash removal and weed removal. The Permanent Easement and License Agreement will further provide that the City is responsible for any utility costs, including irrigation, for the trail. This agreement will also specify that the trail is to be gated, and the City will post signage limiting access to xxxx to dusk. Any other provisions may be added as negotiated and agreed to by the parties at the time the agreement is drafted. Each party agrees to negotiate in good faith and to not unreasonably withhold consent to the terms of the agreement proposed by the other party.
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