Laserfiche WebLink
<br />3. PERMISSIBLE ACTIONS OF CITY <br /> <br />This Easement shall allow the City to maintain. repair and replace the street surface. The <br />City shall also be allo\ved to construct maintain, operate, replace, remove. and renew <br />sanitary se\\'ers and storm Jrains and appurtenant structures, and, pursuant to any' existing <br />franchise or rcnc\vals thereof. or otherwise. to construcL maintain. operate, replace, <br />remove. renc"'" and enlarge lines of pipe, conduits. cables, wires. poles. and other <br />convenient structures. equipment and fixtures for the operation or gas pipelines. <br />telegraphic and telephone line, railroad lines. and for the transportation or distribution of <br />electric energy. petruleum and its products. ammonia. and water, and for incidental <br />plllVOSCS. including access to protect these \vurks from all hazards in. upon, and over the <br />area of the Ilotel Terrace Easement Area hereby granted. The City also reserves any <br />casements for thc City's storm drain facilities and the Orange County Sanitation District <br />sewer trunk facilities. MorclIver, irthcre arc any in-place public utility facilities that are <br />in use, tht: City reserves an easement and rights necessary to maintain, operate, replace, <br />remove or renew the public utility facilities. <br /> <br />4. GENER^L PROVISIONS <br /> <br />4.1 In the event that any term or condition contained herein is hcld to be invalid. void <br />or illegal by any court of cumpetentjurisdiction. the same shall be deemed severable <br />from the remainder of this Street Maintenance casement Agrt:cmenl and shall in no way <br />affect, impair or invalidate any other term or condition contained herein. <br /> <br />4.2 This Street 1\1aintenance Easement Agreement has been executed and delivered in <br />the State ofCaliliJrnia aIllI the validity. interpretation. pertilfmance. and ent(lfCement of <br />any of the clauses of this Agreement shall be determined and governed by the laws of the <br />State of California. Both parties further agree that Orange County. California. shall be <br />the venue for any action or proceeding that may be brought or arise out of, in connection <br />\vith or by reason of this Agreement. <br /> <br />4.3 The parties intend and agree that all terms and L:umlitiul1s set forth herein relate to <br />the repair. maintenance or improvement of the Easement Area and shall run \\'ith the land <br />for such purposes. <br /> <br />4.4 Urantor warrants and covenants that it has the right to convey to City this <br />Easement. and shall indemnifY the City fully. including reasonable custs and atturney's <br />fees. for any. injuries or damages to the City in the event that such authOlity or pOvver is not, <br />in l~lct, held by the :-;ignatory or is \.vithdr3\.\/I1. <br /> <br />4.5 All Exhibits referenced herein and attached heretu shall be incorporated as iffully <br />set forth in the body of this Agreement. <br /> <br />2 <br />