Existing Monitoring Xxxxx. Attachment 25 to this Agreement depicts, among other things, two groundwater monitoring xxxxx currently located on the CSU Property (identified on Attachment 25 as “MW-2” and “MW-3”, and referred to herein as the “Monitoring Xxxxx”). At the Closing, and as a condition to the Closing, CSU shall grant the City an easement on the applicable portion of the CSU Property, in accordance with all of PUD’s standards and regulations (including PUD’s standard form ofeasement), to monitor, maintain, operate and repair the Monitoring Xxxxx. The City acknowledges that CSU intends to destroy the Monitoring Xxxxx at CSU’s sole cost and expense after the Closing in connection with its grading and construction activities. CSU shall not commence destruction of the Monitoring Xxxxx until after PUD has first approved in writing CSU’s application for relocation ofthe Monitoring Xxxxx in accordance with PUD’s standard application process and PUD’s normal regulations.
Existing Monitoring Xxxxx. The City’s two groundwater monitoring xxxxx currently located generally in the central section of the northern boundary of the CSU Property, and depicted and identified as “MW-2” and “MW-3” on Attachment 25-A to this Agreement.
Existing Monitoring Xxxxx. As a condition to the Closing, the Parties will enter into a right of entry agreement that: (i) provides the City with continued physical access on, over, and under a portion of the CSU Property as may be reasonably necessary for the City to operate, maintain, repair, and restore, and collect data from, the Existing Monitoring Xxxxx; (ii) is based upon PUD’s standard form of easement for utility infrastructure and is adequate to protect the City’s interests in the Existing Monitoring Xxxxx, but is not styled as an easement; (iii) is recorded in the Official Records in Senior Priority upon the Closing; (iv) is irrevocable by CSU until such time that CSU demolishes the Existing Monitoring Xxxxx in accordance with the process set forth in paragraph (b) of this Section; and (v) will terminate automatically, without the need for the approval of any vacation process or the recording of any subsequent document, when CSU demolishes the Existing Monitoring Xxxxx in accordance with the process set forth in paragraph (b) of this Section, provided that once automatic termination has occurred and promptly upon CSU’s request, the City will sign and deliver to CSU an appropriate document, in recordable form, to confirm such automatic termination. The City acknowledges that CSU intends to destroy the Existing Monitoring Xxxxx, at CSU’s sole expense, after the Closing in connection with its grading and construction activities on the CSU Property. CSU will not commence destruction of the Existing Monitoring Xxxxx until after PUD has first approved in writing CSU’s application to install the New Monitoring Xxxxx as described in paragraph (b) of this Section. The Parties acknowledge that a gap in time, estimated to be approximately 18 months, may exist between CSU’s destruction of the Existing Monitoring Xxxxx and CSU’s installation of the New Monitoring Xxxxx.
