Access and Utility Easements. Borrower shall have established such easements as may be necessary to adequately assure access and the availability of utilities to the Project.
Access and Utility Easements. Prior to the Commencement Date, State shall grant to Lessee access to the Leased Premises through one or more written easements or permits for the benefit of, and appurtenant to, the Leased Premises. Such access easement(s) shall permit actual pedestrian and vehicular access across such portions of the Park as is reasonably necessary for the Permitted Use (defined below) and for access to and from the Leased Premises to public rights of way. All such easements shall be in form and substance reasonably acceptable to Lessee, consistent with guidelines under the Land and Water Conservation Fund, and sufficient for Lessee to obtain ALTA title insurance endorsement 17-06 (or its substantial equivalent) insuring that the Leased Premises have actual pedestrian and vehicular access to and from NE 000xx Xxxxxx via Xxxxxxx Drive NE at curb cut locations to be identified by Lessee and reasonably approved by State. State shall further grant such utility easements over, across and under such portions of the Park as may be reasonably necessary in order to permit the construction, repair, operation, maintenance, removal and replacement of all utilities necessary for the Permitted Use (defined below). All of the easements described in this Section 1.4 shall run with the land and be appurtenant to the Leased Premises and shall be binding upon, and inure to the benefit of, the parties’ respective successors and assigns (collectively, the “Easements”). In the case of any underground utility Easement, the terms of such Easement shall obligate the easement holder to restore the property affected by the construction and installation of utilities pursuant to such Easement within twelve months after such construction.
Access and Utility Easements. (a) The City reserves the right to retain public easements for utilities, multi- use trails, and other public purposes on, over, under, across, and along the Real Property. In addition, UBP agrees to grant reasonable utility easements on, over, under, across and along the Liberty Bridge to the City and/or utility companies for use in the installation, operation and maintenance of public utilities. The City agrees to use good faith efforts to determine the location of utility easements in collaboration with UBP’s design of the rehabilitation work to maximize the timely prosecution of the construction schedule. The granting of such easements is conditioned and subject to the City and public utilities:
(i) being in compliance with the engineering and other design standards of the Liberty Bridge;
(ii) not interfering with the construction, operation or maintenance of the Liberty Bridge; and
(iii) not resulting in material economic loss to UBP.
(b) With respect to such easements set forth in Section 10(a) above, the City will reserve its rights of access on the Real Property without compensation to UBP, but the City shall remain responsible for all construction and maintenance costs for the installation, operation, maintenance, and removal of the City-owned utilities or public utilities for which the access rights are reserved, and for any loss or damages incurred by UBP as a result of the use or activities performed within such easements, including, without limitation, the installation, operation, maintenance, or removal of the City- owned utilities associated with the easement(s).
(c) The City and UBP will coordinate the permitting and location of Directional Signage along the rights-of-way leading to and from the Liberty Bridge for the purpose of maximizing the use of, and ability to direct the traveling public to, the Liberty Bridge, which Directional Signage shall be subject to all applicable federal, City, state and county ordinances, laws and regulations, as amended from time to time, and permitting application procedures, as well as future conditions which may necessitate the relocation of such Directional Signage, provided that, any such relocation will be to a location with comparable visibility as the original location.
Access and Utility Easements. At Closing, Seller shall grant and convey to Purchaser, its successors and assigns, the following perpetual, non-exclusive easements, for the benefit of the Premises, which easements shall be in a form reasonably acceptable to Purchaser, to-wit:
(a) An easement for vehicular and pedestrian ingress and egress, between the Premises and Grand Pavillion Shopping Center; and
(b) An easement for electric, gas, telephone, water, sanitary sewer, and storm water utility service to serve the Premises (the "Utility Easement"), which Utility Easement shall run on, above, or under such portion of Grand Pavillion Shopping Center that is adjacent to the Premises as is necessary to cause such utility services to be delivered to the Premises.
Access and Utility Easements. A. MERA is hereby given a right-of way, subject to the limitations, restrictions, covenants, conditions, leases, licenses and easements of record, for ingress and egress to the License Space over, upon, and across the Licensor owned property required for the erection, installation, maintenance, replacement and removal of MERA's facilities and related equipment and other necessary appurtenances and for power lines used in connection with MERA's facilities (the "Access Easement"). MERA shall have the right, subject to receiving prior written approval from the Licensor to improve any Access Easement in order to conform the access to the License Space for its necessary and required uses, including the improvement of a common access road (“Common Access Road”).
B. MERA shall have the right to enter the Property for the purpose of making necessary inspections and engineering surveys, and other tests reasonably necessary to determine the suitability of the License Space for MERA's facilities and for the purposes of preparing for the construction of the MERA facilities. MERA shall repair any damage to the Property caused by any tests performed and shall return the Property to the condition that existed prior to any tests.
C. MERA shall have access 24-hours, seven days-a-week to the Property for construction, installation, maintenance and repair of the License Space. MERA shall cooperate with, and adhere to, the Licensor's access and security rules designed to promote the security and integrity of the Property wherein the License Space is located; however, the Licensor agrees not to unreasonably restrict entry to the License Space by authorized MERA employees, agents, contractors and sub-contractors.
D. In the event of an emergency that requires the Licensor to conduct emergency repair work within, at, or near the License Space or MERA's antennas, the Licensor agrees to notify MERA immediately and engage MERA personnel in support of the emergency effort.
E. Licensor shall maintain the Common Access Road in good condition. MERA shall pay an annual fee of $5,000 to Licensor for Licensor’s use in maintaining, repairing and restoring the Common Access Road in a condition that allows MERA to access the License Space.
F. MERA agrees to contribute to the cost of major repair work for, or replacement of, the Common Access Road do to road failure, on an equal basis shared among all parties granted access rights to the Common Access Road. Notwithstanding any maintenance agre...
Access and Utility Easements. A. Provide screen gate at emergency egress driveway using comparable materials to the existing or new fence along Xxxx Street to screen views and discourage on- street parking.
Access and Utility Easements. Any and all access, driveway and utility easements as may be required by and between the Land and certain adjacent real property owned by Quadrant or Weyerhaeuser Real Estate Company or their successors shall have been executed, recorded and of full force and effect upon such terms as are acceptable to Quadrant. In addition, Owner shall cooperate with Quadrant as reasonably required to establish such water, sanitary sewer, storm drainage, electrical, telephone, CATV and any and all other utility easements to serve the Buildings with such utilities. Such cooperation shall include without limitation execution of any and all such easement documentation.
Access and Utility Easements. (a) The City reserves the right to retain public easements for utilities, multi- use trails, and other public purposes on, over, under, across, and along the Property. The exact location of such easements will be determined by the City prior to the Conveyance of any portion of the Real Property to UBP. In addition, UBP agrees to grant reasonable utility easements on and across the New Independence Bridge and the Rehabilitated Liberty Bridge to the City for use in the installation, operation and maintenance of public utilities. The granting of such easements is conditioned and subject to the public utilities:
(i) being in compliance with the engineering and other design standards of the New Independence Bridge and Rehabilitated Liberty Bridge;
(ii) not interfering with the construction, operation or maintenance of the New Independence Bridge and Rehabilitated Liberty Bridge; and
(iii) not resulting in material economic loss to UBP.
(b) In such event, UBP will grant the easement(s) without receiving compensation from the City, but the City shall remain responsible for all construction and maintenance costs for the installation, operation, maintenance, and removal of the City-owned utilities for which the easement(s) are granted, and for any loss or damages incurred by UBP as a result of the installation, operation, maintenance, or removal of the City-owned utilities associated with the easement(s).
Access and Utility Easements. The Owner shall determine the location of the 36” drain line that runs along the front of the Property, and shall provide a minimum 10-foot setback from any building, structure or overhang, in order to provide adequate access, subject to approval by the Town of Lexington Engineering Division. The Owner shall review whether an easement exists for this drain line, and shall tender, at the issuance of the building permit for the Project, an easement to the Town for acceptance in a form acceptable to Town Counsel. Above grade site improvements, including sidewalks, plazas, stairs, walls, plantings, signs and other site furnishings may be located in the setback area, subject to approval by the Town of Lexington Engineering Division. The Owner shall provide, at the time of site plan review for the Project, calculations for the design flow sewer volume for the Project, and information regarding the anticipated types of waste from the Project. If, based on such information, the Town Engineer or their designee determines, prior to the issuance of a building permit for the Project, or when any new business whose operation warrants certain on-site controls such as but not limited to a macerator are needed, the Owner shall install the equipment on-site per the Town Engineer or their designee’s specifications. At the time of site plan review for the Project, the downstream sanitary sewer system must be analyzed from the Property to the Concord Ave Pump Station (including the station) to ensure sufficient capacity. The analysis will require peer review at the Owner’s expense. If, within five years after the issuance of a Certificate of Occupancy for the Project, it is reasonably determined by the Engineering Division that the sewer flows of the Project are greater than 15,000 gpd on an annualized basis, the Owner will install a flow meter and, based on actual readings over the course of one (1) year, will make a one-time payment to the Town for the Inflow and Infiltration mitigation fee as per the Code of the Town of Lexington.
Access and Utility Easements
