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3.1 The Contractor, its successors and assigns, acknowledges and <br /> agrees to the the relocation of the City's exclusive, perpetual prescriptive <br /> and historical ditch easements to, on, under, through and across the new <br /> location for the Combined McKay/Church Ditch as specifically identified in <br /> Exhibit B, the Easement Area. The Contractor further acknowledges and <br /> consents to the City's use of the Easement Area at any and all times, for <br /> all purposes necessary or convenient, including, but not limited to, the <br /> inspection and maintenance of the Combined McKay/Church Ditch and all <br /> purposes associated with operation of the Combined McKay/Church Ditch, <br /> and, if determined necessary in the City's sole discretion, to access, <br /> repair, maintain, and replace the improvements in the Combined <br /> McKay/Church Ditch and to access the Combined McKay/Church Ditch <br /> by the route and means depicted on Exhibit E so long as said access does <br /> not interfere with Contractor's use and operations upon adjacent property. <br /> 3.2 Once improvements and relocation of the Combined McKay/Church <br /> Ditch have been accepted by the City, the Contractor shall not change <br /> grade, construct or place any structure, building, or improvement, or grant <br /> additional easements on any part of the Easement Area without the <br /> written consent of the City. Once the Combined McKay/Church Ditch has <br /> been accepted by the City, the Contractor may not change the location of <br /> the Combined McKay/Church Ditch as depicted on Exhibits B and C, or <br /> cause any realignment, excavation, grading or destroying of ditch banks, <br /> piping or culverting of ditch banks, without the express written consent of <br /> the City. <br /> 3.3 The Contractor has retained the right to the use and occupancy of <br /> the Easement Area insofar as such use and occupancy is consistent with <br /> and does not impair any grant herein contained and except as herein <br /> otherwise provided. <br /> 3.4 The Contractor represents and covenants to City that it comprises <br /> all of the parties who have legal interest in said Easement Area except for <br /> the underlying ownership by the United States of America which has <br /> consented to the relocation as evidenced by Exhibit D, and that it has full <br /> and lawful authority to execute this Agreement. <br /> 3.5 Each and every one of the benefits and burdens hereunder shall <br /> inure to and be binding upon the respective legal representatives, heirs, <br /> successors, executors, administrators, and assigns of the Parties hereto. <br /> 3.6 Unless special provisions are attached hereto, the terms and <br /> conditions of this Agreement are as set forth in this Agreement and no <br /> additional or different oral representation, promise or agreement shall be <br /> binding on the Contractor or the City with respect to the subject matter of <br /> 3 <br />