City Easements Sample Clauses

City Easements. The Developer and City have agreed upon the final forms of the Phase I and Phase II Access Easement, the Parcel 9 Easement and the Maintenance Easement.‌
Sample 1
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City Easements. The City agrees that the City Easement shall be used for the construction and location of the Project. The City further agrees to acquire for the Project all other easements that are necessary for the construction, operation, maintenance, repair, and replacement of the Project, including any such easements located on the tracts owned by the Xxxxxxxxxx County Park Foundation, Inc. as might be necessary (collectively, the “Off-Site Easements”). HEB agrees to make reasonable efforts to help the City acquire the Off-Site Easements, provided, however, that HEB is not required to spend money in connection with the Off-Site Easements. The City hereby agrees to diligently and timely pursue and complete acquisition of all of the Off-Site Easements. All of HEB’s obligations under this Agreement, including without limitation the obligations to grant easements, bid contracts, construct the Project, or pay any Costs whatsoever, as well as any obligation hereunder whatsoever on the part of HEB to close the acquisition of the HEB Tract, are expressly contingent on the first City acquiring all of the Off-Site Easements. All such easements as are described in this paragraph shall be perpetual, and shall include a standard, associated temporary construction easement.
Sample 1
City Easements. From the date hereof until May 31, 2012, the City and the owner of Blocks 23 and 27 will negotiate in good faith to finalize the following agreements: (a) a temporary construction easement over XX Xxxxxxxx and over the west half of Block 23, with a term ending by not later than Ma_ 31 2014 as is reasonably necessary to allow the City to construct the Final Greenwa_ Improvements, provided that such easement is subject to termination by the owner of Block 23 if such owner elects to develop Block 23 prior to the expiration of the temporary construction easement, provided that such owner will provide to the City a reasonable alternative site for construction staging; (b) a temporar easement within the set-back areas along the eastern property lines of Blocks 23 and 27, as is reasonably necessary to allow the City to perform grading and paving and to maintain the dirt, grass, and paving related to the Final Greenway Improvements; and (c) a temporary license to enter onto Block 27 following the 2012 osprey nesting season (which is anticipated to occur in October 2012) in order to remove the osprey nesting platform currently located on Block 27. The foregoing agreements shall provide, among other things, that (i) City will indemnify and defend the owner against all liens, claims, losses, costs, damages and liabilities arising from or related to its entry and activities on or about the property, subject to the applicable provisions of the Oregon Tort Claim Act, and (ii) the permanent easement area under subsection (b) is limited solely to the nonbuildable setback areas of Block 23 and Block 27 (as set forth in the City Code) and no improvements or activities by City shall encroach upon, reduce, limit or restrict any of the buildable area or other development rights of the property.
Sample 1
City Easements. (a) Prior to the issuance of a Certificate of Completion for the South Site Vertical Improvements, the Developer shall grant to the City the following easements with respect to the South Site (each a “City Easement”, and collectively the “City Easements”): (i) A permanent, public easement for access and use of the Shared Plaza Element (the “Plaza Easement”). The Plaza Easement shall be granted pursuant to an easement agreement in the form attached as Exhibit B. (ii) A permanent easement for access and use of the Shared Trash Facility (the “Trash Facility Easement”). The Trash Facility Easement shall be granted pursuant to an easement agreement in the form attached as Exhibit C. (iii) A permanent, public easement for access, use and control of the UG Parking Element (Public) (the “UG Parking Easement”). The UG Parking Easement shall be granted pursuant to an easement agreement in the form attached as Exhibit D. (b) The City will not pay an acquisition cost to the Developer for any of the City Easements. Each City Easement must be recorded by the Developer within seven (7) days after the City delivers each properly signed and notarized City Easement to the Developer. The Developer shall, at the Developer’s sole cost and expense, cause a licensed surveyor to determine the final, actual legal description of the Shared Plaza Element, the Shared Trash Facility, and the UG Parking Element (Public) for the purpose of the granting the City Easements with respect to such Elements. Such legal descriptions will be consistent with the areas and boundaries of the Shared Plaza Element, Shared Trash Facility and the UG Parking Element (Public) as described and depicted in the Final Development Plan and this Agreement. (c) The Developer will consult with the City when designing the Shared Plaza Element, and the Developer and the City will work together in good faith to design a water feature that will avoid unreasonable future maintenance or repair costs to the City. (d) Promptly following the Effective Date, Developer shall cause the Architect or a qualified engineer to perform a feasibility study with respect to the use of one or more breakthrough panels, such breakthrough panel or panels designed to accommodate, in aggregate, not less than two standard drive lanes (each approximately twelve (12) to fifteen (15) feet in width) (“Breakthrough Panels”), to be installed during the construction of the Public Parking Level for the purpose of facilitating potential future acce...
Sample 1

Related to City Easements

  • Utility Easements There is hereby reserved for the use and benefit of the Association and all Owners, non-exclusive easements within the Common Areas for the location, installation and maintenance of utilities and drainage facilities of convenience or necessity as may be requested or required by the Association or any Owner provided that the grant thereof does not unreasonably interfere with the normal operation, improvement, and use of the Common Area and the buildings constructed within the Center, and no affirmative monetary obligation is imposed upon the Owners (other than the Owner benefiting from such easement). The Declarant (and the Board where there no longer is a Declarant) shall have the authority to grant easements or rights-of-way for utilities over the Common Areas as necessary to serve the Common Areas and/or the Parcels. The Owner of any Parcel and any of his Occupants or licensees shall have the right at all reasonable times to enter upon the land subject to said easements and to install, maintain, operate, repair and service utilities and drainage facilities thereon for the use and benefit of his Parcel; provided, however, any such Person shall restore said land, at his own expense, as nearly as practicable, to the same condition as existed prior to such entry and shall comply with the provisions of Section 11.6. The Owner of any Parcel shall have the right to assign the benefit and use of any such easement to any public or private utility company, agency or district for the purpose of installing, operating, repairing, servicing and maintaining utilities or drainage facilities and enforcing the easement rights. For purposes hereof, "utilities" shall include electricity, gas mains and lines, water distribution lines, storm water sewers, sanitary sewers, telephone, fiberoptic, cable TV, and telegraph cables and lines, and other similar or related facilities commonly regarded as utilities. All storm drains, utility lines, transformers and meters shall be maintained under the terms of this Declaration in a safe and good working condition by the party responsible therefor. No grantee of a utility easement shall in the use, construction, reconstruction, operation, maintenance or repair of any storm drains, utility lines, transformers and meters in any way interfere, obstruct or delay the business of the grantor of said easement or any other Owner or Occupant, or the public access to and from said business or interfere, obstruct or delay in any way the receiving of merchandise by said grantor or any Owner or Occupant. EXHIBIT F -35- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]

  • Grant of Easements Provided no Event of Default has occurred and is continuing, Landlord will join in granting and, if necessary, modifying or abandoning such rights-of-way, easements and other interests as may be reasonably requested by Tenant for ingress and egress, and electric, telephone, gas, water, sewer and other utilities so long as: (a) the instrument creating, modifying or abandoning any such easement, right-of-way or other interest is satisfactory to and approved by Landlord (which approval shall not be unreasonably withheld, delayed or conditioned); (b) Landlord receives an Officer’s Certificate from Tenant stating (i) that such grant, modification or abandonment is not detrimental to the proper conduct of business on such Property, (ii) the consideration, if any, being paid for such grant, modification or abandonment (which consideration shall be paid by Tenant), (iii) that such grant, modification or abandonment does not impair the use or value of such Property for the Permitted Use, and (iv) that, for as long as this Agreement shall be in effect, Tenant will perform all obligations, if any, of Landlord under any such instrument; and (c) Landlord receives evidence satisfactory to Landlord that the Manager has granted its consent to such grant, modification or abandonment in accordance with the requirements of such Manager’s Management Agreement or that such consent is not required.

  • Reciprocal Easement Agreements (a) Neither Borrower, nor any other party is currently in default (nor has any notice been given or received with respect to an alleged or current default) under any of the terms and conditions of the REA, and the REA remains unmodified and in full force and effect; (b) All easements granted pursuant to the REA which were to have survived the site preparation and completion of construction (to the extent that the same has been completed), remain in full force and effect and have not been released, terminated, extinguished or discharged by agreement or otherwise; (c) All sums due and owing by Borrower to the other parties to the REA (or by the other parties to the REA to the Borrower) pursuant to the terms of the REA, including without limitation, all sums, charges, fees, assessments, costs, and expenses in connection with any taxes, site preparation and construction, non-shareholder contributions, and common area and other property management activities have been paid, are current, and no lien has attached on the Property (or threat thereof been made) for failure to pay any of the foregoing; (d) The terms, conditions, covenants, uses and restrictions contained in the REA do not conflict in any manner with any terms, conditions, covenants, uses and restrictions contained in any Lease or in any agreement between Borrower and occupant of any peripheral parcel, including without limitation, conditions and restrictions with respect to kiosk placement, tenant restrictions (type, location or exclusivity), sale of certain goods or services, and/or other use restrictions; and (e) The terms, conditions, covenants, uses and restrictions contained in each Lease do not conflict in any manner with any terms, conditions, covenants, uses and restrictions contained in the REA, any other Lease or in any agreement between Borrower and occupant of any peripheral parcel, including without limitation, conditions and restrictions with respect to kiosk placement, tenant restrictions (type, location or exclusivity), sale of certain goods or services, and/or other use restrictions.

  • Easements All easements, rights-of-way or use, rights, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, and all estates, rights, titles, interests, privileges, liberties, servitudes, tenements, hereditaments and appurtenances of any nature whatsoever, in any way now or hereafter belonging, relating or pertaining to the Land and the Improvements and the reversion and reversions, remainder and remainders, and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Land, to the center line thereof and all the estates, rights, titles, interests, dower and rights of dower, curtesy and rights of curtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Borrower of, in and to the Land and the Improvements and every part and parcel thereof, with the appurtenances thereto;

  • Granting of Easements If no Event of Default under this Project Lease shall have happened and be continuing, the Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Owner, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (1) a copy of the instrument of grant or release or of the agreement or other arrangement, (2) a written application signed by the Authorized Tenant Representative requesting such instrument, and (3) a certificate executed by the Tenant stating (A) that such grant or release is not detrimental to the proper conduct of the business of the Tenant, and (B) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Owner. Any consideration received by the Tenant for the grant or release must be paid to the Bank to be deposited in the Debt Service Fund and used to redeem Bonds at the earliest practicable date, at their principal amount, plus accrued interest, without premium. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the Owner and shall not be affected by any termination of this Project Lease or default on the part of the Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the Tenant, but, in the event of the termination of this Project Lease because of an Event of Default, all rights then existing of the Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

  • Grant of Easement Subject to clauses 2 to 4 inclusive of this Part, the Water Authority will grant to the Joint Venturers an easement over the Water Authority Land in accordance with clause 5 of this Part.

  • Easement To the extent applicable, Owner agrees to grant to Bell a non-exclusive easement and statutory right of way and/or a path to the property line from the Building, as the case may be and in or through the Equipment Space if it is determined that a fibre optic cable or such other Equipment must be installed to the Building and/or in the Equipment Space. Owner and Bell shall in advance, agree upon a suitable location to install the fibre optic cable on the property of the Owner. Owner agrees to allow Bell to register, at Xxxx'x expense, the easement and right of way, and/or notice of this Agreement

  • No Light, Air or View Easement Any diminution or shutting off of light, air or view by any structure which may be erected on lands adjacent to or in the vicinity of the Building shall in no way affect this Lease or impose any liability on Landlord.

  • Ingress and Egress Seller represents that there is ingress and egress to the Real Property and title to 400 the Real Property is insurable in accordance with STANDARD A without exception for lack of legal right of access.

  • Access to Properties Subject to the rights of Tenants, Borrower shall permit agents, representatives and employees of Lender to inspect the Properties or any part thereof at reasonable hours upon reasonable advance notice.

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