I dont have any issues with them protecting themselves, my issue is making sure I have protection. Maybe I'm making more out it than I shoudl? Here is the whole agreement:
EASEMENT AGREEMENT 1. PARTIES: , hereinafter referred to as “Grantor”. CITY OF ANYTOWN, hereinafter referred to as “Grantee”. 2. AFFECTED PROPERTY: Grantor is currently the owner of the following described real property located in the City of Anytown, Kentucky: Anytown Water Tower and its Premises LEGAL DESCRIPTION – TBD Hereinafter referred to as “the Property”. 3. GRANT OF EASEMENT: For a period of five (5) years from the date of implementation, the Grantor does hereby grant unto the Grantee, a Utility Easement for the Anytown Water Tower and its premises (the Property) for the limited purposes directly associated with providing high-speed, wireless internet service to the surrounding area. 4. TYPE OF EASEMENT: The easement described above shall provide the Grantee reasonable access to the Anytown Water Tower and its premises (the Property) in order to install and maintain antennae, associated transceiver devices, required electrical power, and required electrical grounding. All aspects of this easement are secondary to the primary purposes of the Property as a public water supply. All fixtures, devices, and activities are subject to the approval of the Water Department of the City of Anytown and any existing or future requirements of the Kentucky Department of Water and/or superseding authorities. The City of Anytown does not provide for continuous business operations; consequently, reasonable access to the Property is generally limited to normal business hours and subject to the availably of municipal personnel and resources. 5. CONSIDERATION: The City of Anytown recognizes the manifest public need for high-speed internet access and the current technological limitations that result in the requirements that only wireless technologies can address. Subsequently, the City of Anytown does not require any payments in consideration of this easement. However, the City of Anytown shall provide for the costs of electrical power to operate the Grantee's hardware once installed on the Property, not to exceed a load of twenty amperes (20 Amps) at one hundred twenty volts (120V). In consideration of these electrical costs, the Grantee shall provide its standard, non-profit service package and maintenance to the Office of the Anytown City Clerk at 123 Main Street, Anytown, KY. The City of Anytown may extend the network as needed for the purposes of government. 6. MAINTENANCE: The Grantor shall maintain the Property in a manner consistent with its primary purpose as a public water supply. The Grantee shall inform the Grantor of any observed maintenance issues which might arise. 7. INDEMNIFICATION: The Grantee does hereby agree to defend, hold harmless, and indemnify Grantor, its successors and assigns, from any claim of liability or any other claim involving the access, utilities, or arising out of the Grantee's use of the easement described above, unless caused by Grantor's negligent or willful conduct or Grantor's failure to fulfill its maintenance obligations as set forth in Paragraph 6 above. As a government. the Grantor reserves all rights afford under its Sovereign Immunity. 8. REMEDIES: In addition to all other remedies allowed by law, the parties, their successors and assigns, shall have the right to seek injunctive relief for the enforcement of the terms and conditions of this agreement. 9. BINDING EFFECT ON SUCCESSOR INTERESTS: The terms, conditions and provisions of this agreement shall extend to, be binding upon and inure to the benefit of the heirs, personal representatives and assigns of the parties. 10. ATTORNEY FEE: In case suit or action is instituted in connection with this agreement, the prevailing party shall be entitled to recover from the losing party such sums as the court may adjudge reasonable as attorney fees and costs in such suit or action, or upon appeal. DATED this day of , 20 . GRANTOR: GRANTEE: By: By: MAYOR CITY OF ANYTOWN STATE OF KENTUCKY On Tue, Mar 2, 2010 at 7:05 PM, Cliff <w...@eccentrixtechnologies.com> wrote: > My understanding is, even without that clause written, being a government > they have that clause. > > -----Original Message----- > From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On > Behalf Of RickG > Sent: Tuesday, March 02, 2010 6:04 PM > To: WISPA General List > Subject: [WISPA] tower contracts > > One of our favorite topics :) > > So, I've had fairly good luck with the tower agreements that I've > posted until lately. It seems people are getting real particular these > days, which is fine. After two years of discusions, I've finally made > some progress of getting on a nearby towns water tank. My issue is > that they have scrapped my contract and come up with an "easement > contract" of their own. Its not too bad but I'm concerned about the > "indemification section". Basically, it reads as follows: > > INDEMNIFICATION: > The Grantee does hereby agree to defend, hold harmless, and indemnify > Grantor, its successors and assigns, from any claim of liability or any > other > claim involving the access, utilities, or arising out of the Grantee's > use of the > easement described above, unless caused by Grantor's negligent or willful > conduct or Grantor's failure to fulfill its maintenance obligations as set > forth > in Paragraph 6 above. As a government. the Grantor reserves all rights > afford under its Sovereign Immunity. > > Basically, it protects them but not me. LOL, normally my contract does > the reverse! Thoughts? > -RickG > > > ---------------------------------------------------------------------------- > ---- > WISPA Wants You! Join today! > http://signup.wispa.org/ > ---------------------------------------------------------------------------- > ---- > > WISPA Wireless List: wireless@wispa.org > > Subscribe/Unsubscribe: > http://lists.wispa.org/mailman/listinfo/wireless > > Archives: http://lists.wispa.org/pipermail/wireless/ > > > > -------------------------------------------------------------------------------- > WISPA Wants You! Join today! > http://signup.wispa.org/ > -------------------------------------------------------------------------------- > > WISPA Wireless List: wireless@wispa.org > > Subscribe/Unsubscribe: > http://lists.wispa.org/mailman/listinfo/wireless > > Archives: http://lists.wispa.org/pipermail/wireless/ > -------------------------------------------------------------------------------- WISPA Wants You! Join today! http://signup.wispa.org/ -------------------------------------------------------------------------------- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
