O-2009-3185 Bike-Pedestrian Trail easement on Pasadena owned property

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VII. The City of LaPorte shall not cause any waste upon the Trail and shall not cut or damage any tree or trees on the City of Pasadena's lands over six inches in diameter, as measured twelve inches above grolJnd level, without prior written consent of the City of Pasadena. VIII. For purposes of this Agreement, the City of laPorte's right to use and enjoyment of the Trail for the purpose herein stated is expressly limited to the City of Pasadena's right, title and interest in and to the City of Pasadena's lands, and the City of Pasadena makes no representation or warranty as to its right, title or interest in and to said lands. IX. The City of Pasadena makes no representation that the City of Pasadena's property on which the Trail is to be constructed, including, but not limited to, its grade and drainage, is suitable for the City of LaPorte's intended purposes. The City of Pasadena makes no representation as to the presence or absence of depressions on the property, or the stability or suitability of the soils for the City of LaPorte's intended purpose. x. The City of Pasadena hereby expressly reserves to itself, its officers, employees, agents, and contractors, the right to enter upon the Trail on the City of Pasadena's lands at any time for any purpose necessary or convenient to access our land, to remove portions of the Trail and not permit the City of LaPorte to rebuild the same, and to make such other use of said Trail as City of Pasadena deems necessary or desirable in connection with any purpose, and the City of LaPorte shall have no claim for damages of any character on account thereof against the City of Pasadena, or any officer, employee, agent or contractor thereof. The City of Pasadena has no responsibility to replace or repair any portion of the Trail that is damaged in the course of making improvements to our land. The City of Pasadena will notify the City of LaPorte in writing thirty (30) days prior to the commencement of any such work on its property on which the trail is located and the City of LaPorte has the option, but not the obligation, to monitor and inspect the progress of such work from time to time as it sees fit. In the event the City of Pasadena's work may require removal of a portion of the trail, the City of Pasadena shall notify the City of LaPorte in writing sixty (60) days in advance of the commencement of such work. The City of LaPorte shall have thirty (30) days from the date of such notification to remove