Common use of Easements, Encroachments & Utilities Clause in Contracts

Easements, Encroachments & Utilities. The parties agree to reasonably cooperate to effect agreements for easements, encroachments, or licenses with respect to ACC-owned property or public utilities as may be reasonably requested by Owner in connection with the Project, all in accordance with ACC Code and other Applicable Laws and subject to any required approvals. ACC and Owner will reasonably cooperate to identify any areas of potential encroachments of the Project’s improvements upon water, sanitary sewer or storm sewer facilities and/or within ACC’s easement areas for such public facilities, including reasonably cooperating with design and engineering of the Project’s improvements as it may impact any of ACC’s water, sanitary sewer or storm sewer facilities. Any requests for encroachments must provide for adequate access to the underlying infrastructure for ongoing operations, maintenance and repairs and must be designed to avoid increasing the structural load on the existing infrastructure or, if such avoidance is not reasonably achievable, designed to adequately protect the existing infrastructure from structural load increases as determined by the relevant ACC departments to determine compliance with ACC’s building codes and other relevant Laws. Any such requested encroachments are subject to ACC’s review and approval prior to permit issuance. If Owner requests such encroachments, and ACC approves such requests, then Owner agrees to grant any such necessary easements and enter into an appropriate agreement for any such approved encroachments. ACC will coordinate with Owner to identify limited areas of access for maintenance, operation and repair of the existing infrastructure. Vertical clearances in these areas are established at an elevation determined adequate above proposed ground surface grade level on a case by case basis during the plans review process of the effected facility and associated fixtures. ACC acknowledges that Owner shall have the free right to assign its obligations as liable party and indemnitor pursuant to any such easements and encroachment agreements to one or more Owner’s Association(s), purchaser(s) and other successors whereupon the assigning Owner will be released from any further obligations arising pursuant to such assigned obligations. Any such assignee, purchaser or other successor shall then be deemed the liable party and indemnitor pursuant to any easements and encroachment agreements entered into between ACC and Owner.

Easements, Encroachments & Utilities. The parties agree to reasonably cooperate to effect agreements for easements, encroachments, or licenses with respect to ACCCity-owned property or public utilities as may be reasonably requested by Owner in connection with the Project, all in accordance with ACC the City Code and other Applicable Laws and subject to any required approvals. ACC The City and Owner will reasonably cooperate to identify any areas of potential encroachments of the Project’s 's improvements upon water, sanitary sewer water or storm sewer facilities and/or within ACC’s the City's easement areas for such public facilities, including reasonably cooperating with design and engineering of the Project’s 's improvements as it may impact any of ACC’s water, sanitary sewer the City's water or storm sewer facilities. Any requests for encroachments must provide for adequate access to the underlying infrastructure for ongoing operations, maintenance and repairs and must be designed to avoid increasing the structural load on the existing infrastructure or, if such avoidance is not reasonably achievable, designed to adequately protect the existing infrastructure from structural load increases as determined by the relevant ACC City departments to determine compliance with ACC’s the City's building codes and other relevant Laws. Any such requested encroachments are subject to ACC’s the City's review and approval prior to permit issuance. If Owner requests such encroachments, and ACC the City approves such requests, then Owner agrees to grant any such necessary easements and enter into an appropriate agreement for any such approved encroachments. ACC The City will coordinate with Owner to identify limited areas of access for maintenance, operation and repair of the existing infrastructure. Vertical clearances in these areas are established at an elevation determined adequate no greater than 15 feet above proposed ground surface grade level on a case by case basis during the plans review process of the effected facility and associated fixtureslevel. ACC The City acknowledges that Owner shall have the free right to assign its obligations as liable party and indemnitor pursuant to any such easements and encroachment agreements to one or more Owner’s 's Association(s), purchaser(s) and other successors whereupon the assigning Owner will be released from any further obligations arising pursuant to such assigned obligations. Any such assignee, purchaser or other successor shall then be deemed the liable party and indemnitor pursuant to any easements and encroachment agreements entered into between ACC the City and Owner.