Common use of Drainage Improvements Clause in Contracts

Drainage Improvements. Buyer acknowledges that Company has engineered and designed, and is in the process of installing, certain drainage improvements under and across the Leased Real Property, the Shared Space and adjacent roadways (collectively, the “Properties”) for the drainage into the Calcasieu River of surface waters accumulating on the Shared Space and the Leased Real Property. Said improvements include, without limitation, aboveground and underground pipes, storm drains and retention ponds on, across and under the Properties (collectively, the “Company Drainage Improvements”). The Company’s development of the Leased Real Property and the Company’s and Parent’s development of the Shared Space will create incidental increased drainage from the L’Auberge Lake Xxxxxxx property which would flow into the Company Drainage Improvements. Prior to the Closing, Buyer shall not unreasonably withhold its consent to the Company’s recordation of a perpetual servitude for the benefit of PNK (Lake Xxxxxxx), L.L.C. and its successors and assigns to allow for its/their continued use of the Company Drainage Improvements in a form reasonably acceptable to Buyer and Parent (the “Drainage Servitude”). The costs associated with the creation of the Drainage Servitude and the maintenance, repair and replacement of the sections of the Company Drainage Improvements which primarily benefit the Shared Space shall be shared equally by the Company and Parent. After the Closing, Buyer agrees to cause the Company to record said Drainage Servitude. The Drainage Servitude will include a duty on the part of the Company and PNK (LAKE XXXXXXX), L.L.C. to cooperate with respect to the construction of similar improvements on the Leased Real Property and/or the L’Auberge Lake Xxxxxxx property in the future necessitated by future improvements to the respective Properties and the L’Auberge Lake Xxxxxxx property including the filing of a perpetual servitude in connection therewith as provided herein for the benefit of the Leased Real Property. The Drainage Servitude will include a consent by the Company, in its capacity as the tenant under the Ground Lease, to the granting of the Drainage Servitude on, over, under or across the Leased Real Property and a subordination of the Ground Lease to the Drainage Servitude. The Drainage Servitude will also include consents by the Company and PNK (LAKE XXXXXXX), L.L.C., in their capacities as co-lessees of the Shared Space, to the granting of the Drainage Servitude on, over, under or across the Shared Space and a subordination of the Shared Space Servitude to the Drainage Servitude.

Drainage Improvements. Buyer acknowledges 1. Drainage improvements for the Development shall be constructed by Owner in accordance with drawings, plans and specifications accepted by Firestone. Unless otherwise approved by Town, over lot grading shall not be initiated by Owner until Firestone approves drainage improvement plans by the issuance of the PIP. Owner shall provide temporary erosion control during and after over lot grading until the site is stabilized. 2. Drainage improvements for the Development shall be constructed by the Owner in accordance with accepted construction plans. 3. Owner shall be responsible for obtaining a CDPHE “General Permit for Stormwater Discharges Associated with Construction Activity” required during construction. A copy of this permit shall be submitted to Firestone. 4. Owner agrees that Company has engineered all construction shall be in conformance with any and designedall National Pollutant Discharge Elimination Systems (NPDES) standards including compliance with and applicable NPDES and CDPHE permits issued to the Owner, applicable to the Development. The Owner further agrees that in the event there is any violation of such standards or permits issued, if the Town, as a result of the Owner’s actions, is subject to or is given a monetary fine, penalty or any type of obligation is imposed; such circumstance will constitute a default under the terms of this Agreement. Failure of the Owner to cure the default by reimbursement to the Town, upon notice to cure as required by Section X.C herein, shall result in a default of this Agreement. 5. Owner shall be responsible for obtaining a Town of Firestone “Stormwater Quality Permit” per Firestone’s current Standards and Specifications. 6. All drainage improvements not located on Town owned property shall be maintained by the Owner, {HOA Name} (“HOA”), {Metro District Name}, maintenance district, or final property owner (the “Obligated Entity”). Drainage improvements may include, but are not limited to: landscaping, open areas, grass, shrubs, trees, retaining walls, sidewalks, ponds, pipes, underdrains, xxxxxx, drain pans, and is inlet and outlet structures. 7. Owner shall include the Obligated Entity in the process of installing, certain drainage improvements under and across the Leased Real Property, the Shared Space and adjacent roadways (collectively, the “Properties”) final inspection procedures for the drainage into improvements and shall provide Firestone with the Calcasieu River of surface waters accumulating on the Shared Space and the Leased Real Property. Said improvements include, without limitation, aboveground and underground pipes, storm drains and retention ponds on, across and under the Properties (collectively, the “Company Drainage Improvements”). The CompanyObligated Entity’s development written acceptance of the Leased Real Property and the Company’s and Parent’s development of the Shared Space will create incidental increased drainage from the L’Auberge Lake Xxxxxxx property which would flow into the Company Drainage Improvements. Prior to the Closing, Buyer shall not unreasonably withhold its consent to the Company’s recordation of a perpetual servitude maintenance responsibility for the benefit of PNK (Lake Xxxxxxx), L.L.C. and its successors and assigns drainage improvements prior to allow for its/their continued use of the Company Drainage Improvements in a form reasonably acceptable to Buyer and Parent (the “Drainage Servitude”). The costs associated with the creation of the Drainage Servitude and the maintenance, repair and replacement of the sections of the Company Drainage Improvements which primarily benefit the Shared Space shall be shared equally by the Company and Parent. After the Closing, Buyer agrees to cause the Company to record said Drainage Servitude. The Drainage Servitude will include a duty on the part of the Company and PNK (LAKE XXXXXXX), L.L.C. to cooperate with respect to the construction of similar improvements on the Leased Real Property and/or the L’Auberge Lake Xxxxxxx property in the future necessitated by future improvements to the respective Properties and the L’Auberge Lake Xxxxxxx property including the filing of a perpetual servitude in connection therewith as provided herein for the benefit of the Leased Real Property. The Drainage Servitude will include a consent by the Company, in its capacity as the tenant under the Ground Lease, to the granting of the Drainage Servitude on, over, under or across the Leased Real Property and a subordination of the Ground Lease to the Drainage Servitude. The Drainage Servitude will also include consents by the Company and PNK (LAKE XXXXXXX), L.L.C., in their capacities as co-lessees of the Shared Space, to the granting of the Drainage Servitude on, over, under or across the Shared Space and a subordination of the Shared Space Servitude to the Drainage ServitudeFinal Acceptance.

Drainage Improvements. Buyer acknowledges 1. Drainage improvements for the Development shall be constructed by Owner in accordance with drawings, plans and specifications accepted by Firestone. Unless otherwise approved by Town, over lot grading shall not be initiated by Owner until Firestone approves drainage improvement plans by the issuance of the PIP. Owner shall provide temporary erosion control during and after over lot grading until the site is stabilized. 2. Drainage improvements for the Development shall be constructed by the Owner in accordance with accepted construction plans. 3. Owner shall be responsible for obtaining a CDPHE “General Permit for Stormwater Discharges Associated with Construction Activity” required during construction. A copy of this permit shall be submitted to Firestone. 4. Owner agrees that Company has engineered all construction shall be in conformance with any and designedall National Pollutant Discharge Elimination Systems (NPDES) standards including compliance with and applicable NPDES and CDPHE permits issued to the Owner, applicable to the Development. The Owner further agrees that in the event there is any violation of such standards or permits issued, if the Town, as a result of the Owner’s actions, is subject to or is given a monetary fine, penalty or any type of obligation is imposed; such circumstance will constitute a default under the terms of this Agreement. Failure of the Owner to cure the default by reimbursement to the Town, upon notice to cure as required by Section X.C herein, shall result in a default of this Agreement. 5. Owner shall be responsible for obtaining a Town of Firestone “Stormwater Quality Permit” per Firestone’s current Standards and Specifications. 6. All drainage improvements not located on Town owned property shall be maintained by the Owner, or final property owner (the “Obligated Entity”). Drainage improvements may include, but are not limited to: landscaping, open areas, grass, shrubs, trees, retaining walls, sidewalks, ponds, pipes, underdrains, xxxxxx, drain pans, and is inlet and outlet structures. 7. Owner shall include the Obligated Entity in the process of installing, certain drainage improvements under and across the Leased Real Property, the Shared Space and adjacent roadways (collectively, the “Properties”) final inspection procedures for the drainage into improvements and shall provide Firestone with the Calcasieu River of surface waters accumulating on the Shared Space and the Leased Real Property. Said improvements include, without limitation, aboveground and underground pipes, storm drains and retention ponds on, across and under the Properties (collectively, the “Company Drainage Improvements”). The CompanyObligated Entity’s development written acceptance of the Leased Real Property and the Company’s and Parent’s development of the Shared Space will create incidental increased drainage from the L’Auberge Lake Xxxxxxx property which would flow into the Company Drainage Improvements. Prior to the Closing, Buyer shall not unreasonably withhold its consent to the Company’s recordation of a perpetual servitude maintenance responsibility for the benefit of PNK (Lake Xxxxxxx), L.L.C. and its successors and assigns drainage improvements prior to allow for its/their continued use of the Company Drainage Improvements in a form reasonably acceptable to Buyer and Parent (the “Drainage Servitude”). The costs associated with the creation of the Drainage Servitude and the maintenance, repair and replacement of the sections of the Company Drainage Improvements which primarily benefit the Shared Space shall be shared equally by the Company and Parent. After the Closing, Buyer agrees to cause the Company to record said Drainage Servitude. The Drainage Servitude will include a duty on the part of the Company and PNK (LAKE XXXXXXX), L.L.C. to cooperate with respect to the construction of similar improvements on the Leased Real Property and/or the L’Auberge Lake Xxxxxxx property in the future necessitated by future improvements to the respective Properties and the L’Auberge Lake Xxxxxxx property including the filing of a perpetual servitude in connection therewith as provided herein for the benefit of the Leased Real Property. The Drainage Servitude will include a consent by the Company, in its capacity as the tenant under the Ground Lease, to the granting of the Drainage Servitude on, over, under or across the Leased Real Property and a subordination of the Ground Lease to the Drainage Servitude. The Drainage Servitude will also include consents by the Company and PNK (LAKE XXXXXXX), L.L.C., in their capacities as co-lessees of the Shared Space, to the granting of the Drainage Servitude on, over, under or across the Shared Space and a subordination of the Shared Space Servitude to the Drainage ServitudeFinal Acceptance.

Drainage Improvements. Buyer acknowledges 1. Drainage improvements for the Development shall be constructed by Owner in accordance with drawings, plans and specifications accepted by Firestone. Unless otherwise approved by Town, over lot grading shall not be initiated by Owner until Firestone approves drainage improvement plans by the issuance of the PIP. Owner shall provide temporary erosion control during and after over lot grading until the site is stabilized. 2. Drainage improvements for the Development shall be constructed by the Owner in accordance with accepted construction plans. 3. Owner shall be responsible for obtaining a CDPHE “General Permit for Stormwater Discharges Associated with Construction Activity” required during construction. A copy of this permit shall be submitted to Firestone. 4. Owner agrees that Company has engineered all construction shall be in conformance with any and designedall National Pollutant Discharge Elimination Systems (NPDES) standards including compliance with and applicable NPDES and CDPHE permits issued to the Owner, applicable to the Development. The Owner further agrees that in the event there is any violation of such standards or permits issued, if the Town, as a result of the Owner’s actions, is subject to or is given a monetary fine, penalty or any type of obligation is imposed; such circumstance will constitute a default under the terms of this Agreement. Failure of the Owner to cure the default by reimbursement to the Town, upon notice to cure as required by Section X.A herein, shall result in a default of this Agreement. 5. Owner shall be responsible for obtaining a Town of Firestone “Stormwater Quality Permit” per Firestone’s current Standards and Specifications. 6. All drainage improvements not located on Town owned property shall be maintained by the Owner, {BOA Name} (“BOA”), , maintenance district, or final property owner (the “Obligated Entity”). Drainage improvements may include, but are not limited to: landscaping, open areas, grass, shrubs, trees, retaining walls, sidewalks, ponds, pipes, underdrains, xxxxxx, drain pans, and is inlet and outlet structures. 7. Owner shall include the Obligated Entity in the process of installing, certain drainage improvements under and across the Leased Real Property, the Shared Space and adjacent roadways (collectively, the “Properties”) final inspection procedures for the drainage into improvements and shall provide Firestone with the Calcasieu River of surface waters accumulating on the Shared Space and the Leased Real Property. Said improvements include, without limitation, aboveground and underground pipes, storm drains and retention ponds on, across and under the Properties (collectively, the “Company Drainage Improvements”). The CompanyObligated Entity’s development written acceptance of the Leased Real Property and the Company’s and Parent’s development of the Shared Space will create incidental increased drainage from the L’Auberge Lake Xxxxxxx property which would flow into the Company Drainage Improvements. Prior to the Closing, Buyer shall not unreasonably withhold its consent to the Company’s recordation of a perpetual servitude maintenance responsibility for the benefit of PNK (Lake Xxxxxxx), L.L.C. and its successors and assigns drainage improvements prior to allow for its/their continued use of the Company Drainage Improvements in a form reasonably acceptable to Buyer and Parent (the “Drainage Servitude”). The costs associated with the creation of the Drainage Servitude and the maintenance, repair and replacement of the sections of the Company Drainage Improvements which primarily benefit the Shared Space shall be shared equally by the Company and Parent. After the Closing, Buyer agrees to cause the Company to record said Drainage Servitude. The Drainage Servitude will include a duty on the part of the Company and PNK (LAKE XXXXXXX), L.L.C. to cooperate with respect to the construction of similar improvements on the Leased Real Property and/or the L’Auberge Lake Xxxxxxx property in the future necessitated by future improvements to the respective Properties and the L’Auberge Lake Xxxxxxx property including the filing of a perpetual servitude in connection therewith as provided herein for the benefit of the Leased Real Property. The Drainage Servitude will include a consent by the Company, in its capacity as the tenant under the Ground Lease, to the granting of the Drainage Servitude on, over, under or across the Leased Real Property and a subordination of the Ground Lease to the Drainage Servitude. The Drainage Servitude will also include consents by the Company and PNK (LAKE XXXXXXX), L.L.C., in their capacities as co-lessees of the Shared Space, to the granting of the Drainage Servitude on, over, under or across the Shared Space and a subordination of the Shared Space Servitude to the Drainage ServitudeFinal Acceptance.