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Temporary Construction Easement AgreementTEMPORARY CONSTRUCTION EASEMENT AGREEMENT e THIS EASEMENT, granted this '':_ day of 0<��, 2015, between the City of Kalispell, hereinafter called GRANTOR, and the L.H.C., Incorporated, a Montana corporation, hereinafter called GRANTEE. WITNESSETH: For valuable consideration, the receipt of which is hereby acknowledged, the GRANTOR does hereby grant to the GRANTEE a temporary construction easement on and within the following described property. See attached map for reference. That portion of the Southeast Quarter of Section 36 Township 29 North, Range 22 West, P.M.M., Flathead County, Montana held as a permanent easement by the City of Kalispell from the State of Montana that is subject to a leasehold interest by Kidsports on a course as generally depicted in the attached map with a width that is customary and necessary for a roadway to transport soil materials to and from a construction site. 1. LIMITATION OF USE. The GRANTEE agrees that the rights granted to it by this easement shall be limited exclusively to the above described real property that is located on State of Montana lands and held by the GRANTOR on a permanent easement and subleased to Kidsports and shall be used by GRANTEE solely for the ingress and egress purposes for workers and equipment providing dirt fill for the construction site of Spring Prairie Phase IV located in the City of Kalispell. 2. TERM OF EASEMENT. This temporary construction easement shall become effective upon the execution of this document and terminate upon completion of the dirt fill operation on the Spring Prairie IV site Project. GRANTEE estimates the project to take no more than 45 working days. 3. DUE CARE. The GRANTEE agrees that its right to use the Easement Premises granted by this Agreement shall be reasonably exercised in such a manner as not to cause damage or destruction to the Easement Premises or interrupt the use of such adjoining lands. 4. RESTORATION. The GRANTEE will, upon completion of the project, restore all surfaces within the easement to the same or better condition present prior to beginning construction, and shall repair any defects that occur prior to March 1, 2016. 5. RIGHT TO USE. The GRANTOR reserves the right to use the Easement Premises in any manner that will not prevent or interfere with the rights granted to the GRANTEE by this Agreement; provided, however, that the GRANTOR shall not obstruct or permit the obstruction of the Easement Premises at any time without the express prior written consent of the GRANTEE. 6. RIGHT TO ASSIGN. The GRANTEE may not assign the rights granted to it by this Agreement without the written consent of the GRANTOR. 7. INDEMNIFICATION. To the fullest extent permitted by law, the GRANTEE shall fully indemnify, defend, and save the GRANTOR, its agents, representatives, employees, and officers harmless from and against any and all claims, actions, costs, fees, losses, or damages of whatever kind or nature arising from or related to the temporary construction above -described. 8. INSURANCE. GRANTEE shall maintain such insurance set forth as follows: Comprehensive General Liability (bodily injury and property damage) $1,000,000 per occurrence and $2,000,000 aggregate as required by GRANTOR and GRANTEE shall provide City with proof of such insurance coverage within ten (10) days following execution of this Agreement. GRANTEE shall notify GRANTOR thirty (30) days prior to the expiration of any such required insurance coverage and during the term of this Agreement shall ensure such required insurance coverage is timely renewed so that there is no lapse in coverage during GRANTEES's use of easement under this Agreement. GRANTEE shall further notify GRANTOR within two (2) business days of GRANTEE's receipt of notice that any required insurance coverage will be terminated or GRANTEE's decision to terminate any required insurance coverage for any reason. Each required insurance coverage shall name the GRANTOR and Kidsports as additional named insureds. 9. Survival. GRANTEE's indemnification obligations shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 10. Applicable Law. The parties agree that this Agreement shall be governed in all respects by the laws of the State of Montana and the parties expressly agree that venue shall be in Flathead County, Montana, and no other venue. IN WITNESS WHEREOF, the GRANTOR and GRANTEE have hereunto executed this agreement this day of W�ober,_k15. CITY OF KALISPELL By: Doug Ru ell, City Manager L.H.C., INCORPORATED eff Claridge, STATE OF MONTANA ) ss. County of Flathead ) On this -�,day of Oetl 6-f', 2015, before me, a Notary Public for the State of Montana, personally appeared Jeff Claridge, .proved to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he has the authority to execute the same for and on behalf of L.H.C., Incorporated. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove first written. JUDI A. FUNK` NOTARY PUBLIC for the NOTARY PUBLIC for the State of Montana State of Montana Pi-inIed-Name: . Residing at Kalispell, Montana Residing at: w � �Fx pry My Commission Ex ires WCommission expires: February 25, 20 fi STATE OF MONTANA ss. County of Flathead On this day of ratober, 2015, before me, a Notary Public for the State of Montana, personally appeared Doug Russell, proved to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity as City Manager of the City of Kalispell. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove first written. JUDI A. FUNK x NOTARY PUBLIC for the State of Montana Residing at Kalispell, Montana �.9 OF My Commission Exppires February 25, 2016 NOTARY PUBLIC for the State of Montana Pftnted-N-4We: Residing at: WCCtS"rnmission expires EIR1 Mft �1 .dr A" r 7" Google Google w tr �, 1 r�.. � �n. tt�'• IW r r r ♦ �r o I i'M 4 �w.w��N�^^Y+r wYt. ♦ n...rxzc.s:.wx c,.w . ,r :. r Y q'. a�, •