Laserfiche WebLink
<br />5. Bergeron must notify the City at least forty-eight (48) hours before construction, <br /> <br />repair and/or maintenance work commences within the easement. No such work shall take place <br /> <br />without the City Staff being given the opportunity to be present at the site. Further, if the City <br /> <br />determines in its reasonable estimation that any proposed work may potentially cause an unsafe <br /> <br />condition or damage or impair the City's easement, the City shall have the authority to prevent <br /> <br />such work from being done by giving notice to Bergeron; notwithstanding in the event of an <br /> <br />emergency situation and/or the existence of an unsafe condition of Bergeron's land, the <br /> <br />prescribed forty-eight (48) hour notice requirement shall be waived by the City. However, in the <br /> <br />event of such situation, said waiver shall not relieve Bergeron from its obligation to notify the <br /> <br />City in a timely and practical manner. <br /> <br />6. To the fullest extent permitted by law, BergerQ!) agrees to release, defend, protect, <br />, <br /> <br />indemnify, save and hold harmless the City, its agents, directors, employees, shareholders and <br /> <br />contractors against any and all claims, costs and liabilities, including the costs of defense for <br /> <br />damages, injury or death arising from or in any way connected to the installation, maintenance, <br /> <br />repair, removal and/or presence ofthe deck, regardless of whether such harm is to Bergeron, the <br /> <br />City, the employees or officers of either or any other person or entity, except Bergeron shall not <br /> <br />be liable under this paragraph for loss or damage to the extent resulting from the negligence of <br /> <br />the indemnified parties. <br /> <br />7. The permission granted herein is limited exclusively to the proposed deck within <br /> <br />the easement area of the City's drainage easement. Bergerori shall not alter the grade or permit <br /> <br />such alteration anywhere upon the land upon which the City has reserved its easement rights <br /> <br />without proper express written consent of the City. Bergeron shall construct and maintain the <br /> <br />retaining wall in compliance with all applicable laws and industry standards in effect at the time <br />