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6. Grantor desires to grant to Grantee a temporary easement relating to the <br />construction of the Improvements and the storage of equipment in accordance with <br />the terms and conditions set forth below. <br />Temporary Easement <br />1. The area of the Subject Property subject to the temporary easement granted below <br />is that area between the erosion control fence line and Grantee's property, <br />including that portion of the Police Parking Lot overlying existing utilities <br />("Easement Area A") and the southerly 5,000 square feet of the Upper Parking Lot <br />that lies to the north of the erosion control fence ("Easement Area B"), as <br />illustrated in Exhibit A. <br />2. For good and valuable consideration, receipt of which is acknowledged by <br />Grantor, Grantor grants and conveys to a temporary construction easement over <br />and across Easement Area A for the following purposes: <br />a. Install erosion control fencing on or along the line as shown in Exhibit A. <br />b. Grade the Subject Property as shown on Exhibit A, which includes removal <br />of the portion of the Upper Parking Lot south of the erosion control fence. <br />c. Replace water and sanitary sewer lines to the former police station, which <br />including the removal of only that portion of the Police Parking Lot as <br />needed to accomplish the work. The portion of the Lot removed shall be <br />replaced with asphalt so as to be suitable for vehicular traffic. The Lot <br />entrance shall be barricaded by Grantee during construction of the utilities. <br />3. Grantor further grants and conveys a temporary construction easement over and <br />across Easement Area B to allow storage of Grantor's construction equipment. <br />Said storage area may be accessed via the existing driveway off of Nowthen <br />Boulevard. Storage shall be for equipment only. No hazardous materials or bulk <br />materials (dirt, gravel, sand, etc.) shall be stored in Easement Area B. <br />4. Grantee is solely liable for, and shall defend and indemnify Grantor against, any <br />and all damages resulting from, arising out of or relating to its use of the Subject <br />Property pursuant to this Temporary Construction Easement, except to the extent <br />such damages are caused by the acts or omissions of Grantor, its employees or <br />agents. <br />5. Notwithstanding Grantee's right to grade the Subject Property as set forth above, <br />the spruce tree marked on Exhibit B shall not be destroyed, moved or damaged by <br />Grantee. The City shall remove the tree in November or December 2015 for use <br />as its annual Holiday Tree. <br />2 <br />