Laserfiche WebLink
3. Construction Easement. In exchange for the payments described above, Sanitary <br /> shall grant City and its agents and employees access to Sanitary's existing easement for the sole <br /> and exclusive purpose of performing work related to the Brush College Road and Faries Parkway <br /> Grade Separation Project. City shall grant Sanitary priority access to the easement to perform the <br /> sewer relocation project described herein prior to performing any work on the Brush College Road <br /> and Faries Parkway Grade Separation Project. <br /> The location of Sanitary's existing easement is further described in Macon County <br /> Recorder's Office document #905680 at Book 1716 and Page 27, as well as a "Supplemental <br /> Agreement", both dated May 24, 1967. See copy of easement and Supplemental Agreement <br /> attached hereto and incorporated herein. City shall comply with all requirements of the easement <br /> and Supplemental Agreement,with the exception of paragraph#2 of the Supplemental Agreement, <br /> which is hereby modified to allow City to fill the area over the intercepting sewer to a maximum <br /> height of 26 feet over the elevation of the original sewer line prior to its relocation pursuant to this <br /> Agreement. <br /> 4. Term. This Agreement shall commence immediately upon execution by all parties <br /> and shall terminate upon completion of the sewer relocation project described herein. <br /> 5. Indemnification and Insurance. City hereby agrees to indemnify and hold Sanitary, <br /> its officers,officials,employees,agents,and volunteers harmless for any damages or claims arising <br /> out of City's use of Sanitary's easement under this Agreement. City further agrees that it will <br /> require all Contractors on this project to carry and maintain during the entire term of this <br /> Agreement, the following types of insurance in the amount specified and in the form hereinafter <br /> provided: <br /> A.Worker's Compensation. Worker's compensation with a minimum not less than <br /> prescribed by law. <br /> B. Commercial General Liability. Commercial General Liability insurance applying to <br /> the use and occupancy of the premises and to any of the business operated by tenant or any other <br /> occupant of the premises in an amount not less than$1,000,000 limit,bodily injury and property <br /> damage per occurrence with an aggregate total coverage of$2,000,000. Such insurance shall <br /> provide County with broad form property damage coverage. Such insurance shall cover all <br /> bodily injury,property damage,products liability,cross liability,personal injury including death, <br /> during the lease term and holdover period. <br /> Insured waives and shall secure from applicable insurance companies' waivers of <br /> subrogation and lien rights conferred by any statute or continue in any policy of insurance <br /> insofar as any claim made against Sanitary. Contractor shall provide a Certificate of Insurance to <br /> Sanitary which names Sanitary as an additional insured on all policies described herein. <br /> 6. Severability. If any provision or subpart of this Agreement is held to be invalid by <br /> any tribunal of competent jurisdiction, such part shall be deemed automatically adjusted, if <br /> possible. If not, the provision shall be deemed severed from the Agreement, and all other <br /> provisions and subparts shall remain in full force and effect. <br /> Page 2 of 4 <br /> December 16,2022 <br />