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BOARD01678
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BOARD01678
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Last modified
8/16/2009 3:05:41 PM
Creation date
10/4/2006 7:00:31 AM
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Template:
Board Meetings
Board Meeting Date
7/24/1995
Description
Agenda or Table of Contents, Minutes, Memos
Board Meetings - Doc Type
Meeting
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<br />. <br /> <br />9. <br />agree: <br /> <br />. <br /> <br />. <br /> <br />the whole next ensuing term accompanies the said writ- <br />ten notice to renew. <br /> <br />b. This Easement shall include the right of Grantee <br />to enter onto the Grantor's property for the mainte- <br />nance of the specifically enumerated Public Recreation- <br />al Facilities. Provided however, that upon the <br />non-renewal, abandonment or termination of any of the <br />Grantee's rights or privileges under this Easement, the <br />Grantee's rights to that extent shall terminate. <br />However, the Grantee's obligations to indemnify and <br />hold harmless the Grantor, as more fully set forth in <br />other parts of this Easement shall not be terminated. <br /> <br />The Grantor and the Grantee expressly covenant and <br /> <br />a. The terms and conditions of the Easement granted <br />herein shall be in compliance with and subordinate to <br />the terms and conditions of the September 7, 1977 and <br />January 29, 1980 Agreement between the Corps and the <br />Grantor (Exhibits C and D). This covenant and <br />agreement include but are not limited to the <br />maintenance and operational requirements on the <br />Grantor and its designees under those Agreements <br />between the Grantor and the Corps and the necessity for <br />the Grantor and its designees to have unlimited access <br />to the lands covered by this Easement to perform all <br />necessary activities. Therefore, the Grantee shall <br />never lock out the Grantor, its designees, or the Corps <br />from the Project. Violation of this provision may be <br />grounds for the Grantor to immediately terminate this <br />Contract and the Easement. Further, the Grantee shall <br />cooperate with the Grantor in the performance of its <br />maintenance and operational requirements. <br /> <br />b. The terms and conditions of the Easement granted <br />herein are in compliance with the terms and conditions <br />of the May 25, 1988 Agreement between the Corps and the <br />Grantee (Exhibit B) <br /> <br />c. During the continuance of this Easement, the <br />Grantor shall have the right to dispose of the land or <br />to use the same for other purposes subject to the <br />rights and privileges herein granted to Grantee. This <br />Easement shall be nonexclusive and subject to any prior <br />easements granted by the Grantor to third parties, <br />including those identified in Exhibit F, and to all <br />prior easements of record whether granted by Grantor or <br /> <br />6 <br />
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