Easement and Maintenance Agreement - City of Richmond

It is expressly understood and agreed that the City is under no obligation to maintain or repair the
Facilities and in no event shall this Agreement be construed to impose any such obligation on the City.
6. In the event of an emergency involving the Facilities, as determined by the Director of Public Utilities,
the City, at its option, may enter immediately upon the property and take whatever steps it deems
necessary to meet the emergency. Alternatively, the City may notify the owner by phone at
____________________, to take whatever action is necessary within a specified period of time. Should
the Owner fail to respond, or should the owner inform the City that it intends not to respond within the
specified period of time, the City may, at its option, enter immediately upon the land and take whatever
steps it deems necessary to meet the emergency.
7. The City shall not pay any compensation at any time for its use of the Property in any way necessary
for the inspection and maintenance of the facility, including access to the facility.
8. In the event the City, pursuant to this Agreement performs work or expends any funds necessary for
the maintenance of the Facilities, including labor, equipment, supplies and materials, the Owner shall
reimburse the City, within ten (10) days after the City gives the Owner written notice of such expenditures.
9. The Owner, its executors, administrator, assigns and any other successors in interest, shall indemnify
and hold harmless the City and its agents and employees for any and all damages, accidents, casualties,
occurrences or claims which might arise or be asserted against the City arising out of or resulting from the
construction, presence, existence or maintenance of the Facilities by the Owner or the City.
10. In the event a claim is asserted against the City, its agents or employees, the City shall promptly
notify the Owner and the Owner shall defend at its own expense any suit based on such claim. If any
judgment or claim against the City, its agents or employees shall be allowed, the Owner shall pay all
costs and expenses immediately.
11. This Agreement shall be recorded in the Richmond Circuit Court Clerk’s office, shall constitute a
covenant running with the land, and shall be binding upon its administrators, executors, assigns, heirs
and any other successors in interest.
12. All notices herein shall be in writing and shall be hand delivered to the parties or sent by registered or
certified mail, return receipt requested, postage paid, addressed to the parties as follows:
To the City:
With copy to:
To Owner:
With copy to:
Director of Public Utilities
730 East Broad Street
6th floor
Richmond, VA 23219-1850
City Attorney
900 East Broad Street
City Hall, Suite 300
Richmond, VA 23219-1907
_________________________
_________________________
_________________________
_________________________
_________________________
_________________________
_________________________
_________________________
Such notice shall be deemed to have been given upon hand delivery or upon deposit in the mail as
aforesaid. Any change of persons or addresses shall be provided in the aforesaid manner.
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2/1/13 edition

BY GRANTOR:
BY:___________________________________
PROPERTY OWNER(S)
COMMONWEALTH OF VIRGINA
CITY/COUNTY OF ____________________, to-wit:
Subscribed and sworn to before me this ______ day of _____________, 2013.
My commission expires: ________________
____________________________________
Notary Public
Registration Number:___________________
CITY OF RICHMOND (Grantee)
BY: ______________________________________
Byron Marshall
Chief Administrative Officer
City of Richmond, Virginia
Approved as to terms:
BY: _______________________________________
Robert C. Steidel, Director
Department of Public Utilities
City of Richmond, Virginia
Approved as to form:
_____________________________________
David B. Kearney
Assistant City Attorney
City of Richmond, Virginia
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2/1/13 edition