MACER III, MONTE R - Laserfiche WebLink

DocuSign Envelope ID:1B0137CD-F1F6-4D73-9F^86128307010 temporary right of entry for construction over, upon and across: i. the portions of the Property needed to install the improvements described in Section 1, above; and ii. a three foot (3') area along the shared property line between the City Parking Lot and the Property. for the purpose of the City, at City's sole cost and expense, making improvements to the City Parking Lot, and making the improvements to Owner's Property described in Section 1, above, as generally shown in Exhibit A — Right of Entry and Improvements. b. City shall not commence work until Owner is given ten (10) business days advance notice. The actual period of entry for construction shall not exceed eight (8) consecutive days. Construction of public parking lot project is anticipated to be completed within one year. The hours of work within the temporary construction easement where indicated as right of entry for construction area shall be restricted as follows: Monday (6:30am to 4:OOpm); Tuesday (6:30am to 3:OOpm); and Wednesday through Friday (6:30am to 10:30am) for the number of weeks only needed to perform said work. c. Property shall be fenced and secured at the end of each day. d. City shall not permit any liens to be placed against the Property arising from the work described in this Agreement. e. Upon completion of the work, City shall, at its expense, repair, replace or restore any damage that the City, its employees or contractors caused to existing improvements on the Property or any other property (real or personal) incident to the work, to a condition of said property immediately prior to it being damaged by City, its employees or contractors. 3. Indemnity and Insurance. City shall indemnify, defend and hold harmless the Owner from any loss, claims, liability, or expenses, including reasonable attorney's fees and costs, for personal injury or death, or property damage, arising out of or in connection with the activities of City, its employees or contractors under this Agreement. City shall maintain or cause its contractor to maintain a general liability and property damage insurance policy in the minimum amount of$1,000,000 combined single limit, insuring against all liability in connection with its activities under this Agreement and the indemnity obligations under this Section 3. 4. Notice. Any notice which either party gives to the other shall be in writing and shall be delivered personally upon the other or be sent by mail to the respective parties as follows: 2