Easement Agreement For Occupation Of Levee/channel Right-Of-Way Page 3

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Except as provided herein, the GRANTEE shall be responsible for obtaining rights of
5.
ingress and egress to and from the Easement Area. Any use by the GRANTEE of the
DISTRICT's levee for vehicular traffic shall be limited to the Easement Area, and shall be
limited to
ton rated pickups and automobiles (except in the immediate work area).
3/4
The GRANTEE agrees to reimburse the DISTRICT for all costs incurred by the
6.
DISTRICT in connection with the DISTRICT's inspection of the installation, operation,
maintenance, repair and replacement work permitted under this agreement, which
inspection costs shall be itemized and transmitted by the DISTRICT to the GRANTEE
within ninety days after their accrual.
The GRANTEE agrees to notify the DISTRICT at least 24 hours prior to beginning
7.
any work in the Easement Area.
8.
Upon completion of installation of the construction or any replacements thereof, the
GRANTEE shall furnish to the DISTRICT two copies of ''as built'' plans for the Construction
or replacement.
9.
In the event the Corps of Engineers or the DISTRICT shall determine that it shall be
necessary to re-shape, relocate, or re-build its levee improvements in the Easement Area,
and in the event, in the determination of the DISTRICT, such work shall necessitate the
removal, re-installation, replacement, relocation and/or alteration of the Construction, the
GRANTEE agrees to reimburse the DISTRICT upon demand for that part of the DISTRICT's
cost for such work that shall be determined by the DISTRICT to be attributable to such
removal, installation, replacement, relocation and/or alteration of the Construction.
10.
The GRANTEE shall maintain the Construction in a manner which will not interfere
with the continued operation and maintenance of the DISTRICT's levee and channel
facilities, the level of flood protection afforded by the DISTRICT's levee system to be
maintained at all times.
11.
GRANTEE assumes the entire risk of loss or damage to the Construction, from all
causes whatsoever, including flood or other natural disaster or act of God, and excluding
only loss or damage caused solely by the negligence of the DISTRICT or its officers and
employees.
12
It is understood that this agreement does not include a warranty by the DISTRICT of
its title to the Easement Area or to the interest herein conveyed.
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