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2005_0228_Packet
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2005_0228_Packet
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9/14/2009 9:59:41 AM
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Roseville City Council
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Council Agenda/Packets
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7. Termination and Modification. Except as otherwise provided herein, this <br />agreement and the rights and obligation of the parties hereunder may be modified or terminated <br />only by the mutual consent of all parties. All amendments or modifications shall be in writing <br />and approved by the governing body of t�e respective parties to this agreement or their <br />successors and assigns. <br />8. Additional Facilities If the City or RCRRA acquires property, either within or <br />outside of the Corridor, which is used for the construction of automobile parl�in� areas, the party <br />acquiring and constructing the parking facility shall permit patrons both of the trail and transit <br />system to use said facilities. <br />9. The City hereby agrees to defend, indemnify azad hold RCRRA l�armless from and <br />against any and all claims, proceedings, causes of action, lawsuits, losses, damages, whether <br />direct, indirect, or otherwise, costs and expenses, including attorney's, fees related to or arising <br />out of the City's use of the Corridor pursuant to this Agreement, or use of the Easement. <br />10. The City shall not transfer, assign, sell, lease, license, or otherwise convey its <br />interest in this Easement to any other party without the prior written consent of RCRR.A, its <br />successors or assigns. The granting or withholding of such consent is solely within the discretion <br />of RCRRA and may be subject to any additional conditions that RCRRA feels appropriate. <br />11. The City shall be responsible for paying any taxes, special assessments, or other <br />— charges levied by the City on the property described on Exhibit A during the time that the <br />easement area described therein is being used by the City for trail purposes. In the event taxes, <br />fees, special assessments or other charges are made or levied against the Corridor by an entity <br />other than the City, the parties hereto shall each pay one half (1I2} of any such tax, fee, special <br />assessment or other charge; provided, however, that if the City is delinquent in the payment of its <br />share of such tax, fee, special assessment or other charge, and as a result of such delinquency a <br />penalty is assessed or interest accrues, the City shall pay all such penalty and accrued interest. <br />The City shall not levy or assess any tax or charge on the Corridor during the life of the <br />Easement. This shall hold true so long as the Corridor is owned by the RCRRA. <br />12. If the City abandons its use of the Corridor for trail purposes, this Easement and <br />all of the City's rights hereunder shall terminate two (2) years after such abandonment. <br />Abandonment under this section shall be deemed to have occurred if one or more of the <br />following events occurs: <br />The City notifies RCRRA in writing and by resolution of its governing <br />body of its intent to abandon use of the Corridor for trail purposes. In this <br />instance, the City shall provide to RCRRA a suitable Quit Claim deed, - <br />properly executed and in recordable form, whereby the City relinquishes ' <br />to RCRRA all rights granted by this easement; or <br />HaHan � <br />
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