pf_01480 - Laserfiche WebLink

Home

3.5 Failure to Agree. In the event the parties are unable to agree upon any single item of repair, reconstruction or mainte- nance costing in excess of $5,000.00, either party may exercise its right granted herein to have its cost estimates and reasons for or against the project submitted to the City Engineer for the City of Roseville. Said estimates and reasons shall be submitted by both parties within seven calendar days of receipt of written notice from the other party of its election hereunder. The parties agree that the final decision of the City Engineer g er shall be binding upon the parties with regard to the cost for and necessity of the project and further agree that the decision of the City Engineer shall be submitted within seven calenda days of receipt by him of both sets of information. r 4. Easement Conditions The parties further agree that the easement rights granted herein shall be subject to the following limitations: 4.1 Free Movement. All types of vehicular traffic shall be permitted on the roadway and neither party shall do anything to prohibit or discourage free movement of vehicles between the Weis Property and the Tanurb Property. n shall have the right to close the road or to discourage the use thereof by the other party, its successors, assigns and business invitees. ees. 4.2 Slgnage be agreed . Any directional signs or markings shall up— o by both parties in writing in advance of o t and all vehicles shall move solely in accordance with said9 psinns.3 The parties agree to share the cost of maintaining said signs. 4•- Parking. No parking shall be permitted at any point within the Easement Area except parking required b emer vehicles serving either the Weis Property or Tanurb Pro ert .gency P Y 4.4 Private Road. The roadway shall be a private road. 4.5 Local Land. Use of the Easement Area shall be in accordance with all city and other governmental ordinances and regulations in connection therewith. 5. Indemnity. Each party shall indemnify, defend and save the other art harmless from and against any and all damage, in'ur l Y y proceeding or cost, including reasonable attorneys fees, of any nature whatsoever arising out of the actions of the other, the other's agents, employees, independent contractors or bus` invitees in constructing, repairing? business or using the Easement Area Each re�rtstructing, maintaining, to the 'opening for business of either development y shall elorer portion prior thereof certificates of insurance evidencing coverage for P public liability, property damage and indemnity insurance in amounts not less than $5000,000� for injury and unts $ 000 per occurrence. -4-