Easement Agreement For Occupation Of Levee/channel Right-Of-Way Page 2

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The DISTRICT does hereby grant to the GRANTEE, and or its successors and as
I
the permanent easement and right to install, operate, maintain, repair and replace the
construction, in, under and through the Easement Area, in accordance with the plans and
prepared by
specifications for the Construction dated
and
The DISTRICT's levee and channel facilities, and appurtenances thereto, which are
2.
damaged or altered as a result of the installation, operation, maintenance, repair or
replacement of the Construction, shall be properly and immediately restored by the
GRANTEE to their ''as built'' condition. This shall include but not be limited to the
following:
a)
excavations shall be backfilled with same or comparable material and
compacted to a density at least equal to that of the adjacent levee,
seeded areas which are disturbed shall be re-seeded and a vegetative cover
b)
acceptable to the DISTRICT shall be established,
materials, pipe, debris and other construction materials shall be removed.
c)
a new three inch (3' ' ) thick by ten foot (10' ) wide crushed limestone (1-1/2
d)
inch crusher run) surfacing will be placed on all traveled unpaved portions of
levee roadway, unless District waives this requirement at the project final
inspection.
3.
The GRANTEE agrees to pay the reasonable cost of all repairs of damages or
rectification of alterations to the DISTRICT's levee and channel facilities necessitated or
caused by or arising out of the installation, operation, maintenance, repair or replacement
of the Construction, or the use of the levee system by the GRANTEE and/or its contractors.
In the event any such facilities are not restored to their ''as-built'' condition in accordance
with Paragraph 2, above, within 30 days after the DISTRICT shall have demanded the same
in writing, the DISTRICT shall be authorized or commission such repairs and, following
demand therefor, shall have an action against the GRANTEE for the reasonable cost
thereof, for the DISTRICT's associated administration costs, and for such attorney fees and
court costs as may be permitted by law.
4.
The GRANTEE agrees to indemnify and hold the DISTRICT harmless from and
against any and all liability, causes of action, claims and expense for personal injury or
property damage arising out of or occasioned by the use of the EASEMENT AREA by the
GRANTEE pursuant to this Easement Agreement, except as may be caused solely by the
negligence of the DISTRICT, its agents and employees.
2

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