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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 />. <br /> <br />b. Grantee agrees that all excavations or other <br />temporary removal of soil as required for the proper <br />maintenance of this Easement shall be properly re- <br />placed, and that the Easement is, as nearly as possi- <br />ble, restored and maintained in its original configura- <br />tion and with similar vegetation. Grantee shall also <br />insure that the property subject to this Easement is <br />left in a configuration satisfactory to, and in compli- <br />ance with, the Project design plans and specifications <br />prepared by the Corps. Grantee shall be responsible at <br />all times for the immediate repair or replacement of, <br />or reimbursement for any damage to, the properties due <br />to the construction, maintenance of the project <br />recreation facilities or use of the Easement. Routes <br />of ingress and egress for construction and maintenance <br />of the project recreation facilities shall be limited <br />to the minimum necessary locations, and all work areas <br />created by the Grantee on the Easement property for <br />construction or maintenance purposes must be obliterat- <br />ed, protected against erosion, and restored to the <br />former condition of the Easement property, as nearly as <br />possible. The Grantor shall determine, in its sole <br />discretion, whether the Grantee's restoration is in <br />compliance with this paragraph 10. <br /> <br />c. In the event the Grantee fails to perform the <br />restorative or revegetative work required by this <br />paragraph 10 to the sole satisfaction of the Grantor, <br />and after thirty (30) days prior written notice speci- <br />fying with particularity the failure and indicating the <br />remedial steps needed to cure same, the Grantor shall <br />be allowed to perform said work and the Grantee shall <br />pay within thirty (30) days all direct and indirect <br />costs incurred by the Grantor for restorative or <br />revegetative work including, but not limited to, re- <br />grading, filling, revegetation, erosion control, and <br />replacing of soil. <br /> <br />d. The Grantee shall, at its sole expense, take all <br />steps necessary to properly maintain and replace any of <br />the authorized facilities which it may construct on the <br />project Recreation Lands pursuant to this grant of <br />Easement. <br /> <br />e. The Grantee understands and agrees that its facil- <br />ities are subject to damage and total loss without <br />liability accruing to Grantor as a result of flooding, <br />as the result of the maintenance and operation of the <br /> <br />. <br /> <br />8 <br />
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