Agenda - Council - 08/13/2013 - Laserfiche WebLink

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Area caused by such use. No trees, permanent buildings or other structures shall be placed in or allowed to encroach upon the Driveway License Area and no change of grade elevation or any excavation shall be performed without the prior written approval of both parties, which approval shall not be unreasonably withheld. This License Agreement does not dedicate the Driveway License Area for public use or to the public in any manner whatsoever. 3. Maintenance and Repair of License Area. The parties covenant and agree to the maintenance of the Driveway License Area in good condition and repair pursuant to this Section. 11 Maintenance. The parties agree that the License Area requires removal of all papers, debris, snow, ice, filth and refuse and thorough sweeping to the extent reasonably necessary to keep the License Area in a neat, clean and orderly condition ("Maintenance"). JR shall perform necessary maintenance on the Driveway License Area. 3.2 RepairlReplacement. At all times during the term of this License Agreement, JR agrees to be solely responsible for the cost and expense for (a) maintaining the surface of the License Area at such grades and levels that they may be used and enjoyed as a contiguous and homogeneous common area and (b) maintaining such surface in a level, smooth and evenly -covered condition with the type of surfacing material originally installed or of similar quality, use and durability (collectively, "Repair/Replacement") . 4. Barriers. Ramsey may erect curbs, fences and landscaping on the Premier Property in order to define the license area (the "Definition"). Such Definition shall not detract, prevent, hinder or interfere in any way with the free flow and passage of vehicular and pedestrian traffic over, to, from and between the License Area, the Premier Property and the JR Property. S. Rules and Revelations. Ramsey shall have the right to enact reasonable written rules concerning the conduct and operation of the Driveway License Area. 6. Compliance with Law. JR and Ramsey covenant and agree, with respect to their own properties defined herein, to comply with all laws, rules, regulations and requirements of all public authorities, and to indemnify, defend and hold each other harmless against all claims, demands, loss, damage, liabilities and expenses and all suits, actions and judgments (including without limitation costs and reasonably attorney's fees) arising out of, or in any way related to, either party's failure to maintain their respective properties defined herein in a safe condition. The indemnifying party shall give prompt and timely notice of any claim made or suit or action commenced against the other party which in any way would result in indemnification under this License Agreement. Each party further covenants and agrees to pay all real estate taxes and assessments for its respective 2