Facilities and Improvements Clause Samples
The "Facilities and Improvements" clause defines the responsibilities and rights related to the use, maintenance, and modification of physical structures or amenities on a property. It typically outlines which party is permitted to make changes or upgrades, who is responsible for upkeep, and any restrictions on alterations to existing facilities. This clause ensures that both parties understand their obligations regarding the condition and enhancement of the property, thereby preventing disputes over unauthorized changes or neglected maintenance.
Facilities and Improvements. Maps and other information sufficient to locate the proposed locations and specifications of all Renewable Energy Facilities and Improvements on the Leased Premises. Information concerning Renewable Energy Facilities shall include numbers, type, size, manufacturer, model, and foundation design of any surface area that may be disturbed with the placement of proposed Renewable Energy Facilities and Improvements. Information concerning the construction of roads on the Leased Premises shall identify all gates, culverts, and road construction materials, including those materials, if any, proposed to be acquired from the Leased Premises in accordance with Section 2.2.8. Information concerning the construction of pipes, pipelines, transmission lines, and any other items to be placed above or below the surface of the Leased Premises, if applicable, shall identify where any such items are to be installed on the surface or buried and how they cross existing or planned roads.
Facilities and Improvements. Maps and other information sufficient to locate the proposed location and specifications of all facilities and improvements on the Leased Premises. Topographic maps should show the approximate size of any surface area that may be disturbed with the placement of proposed facilities and improvements. Information concerning the construction of roads on the Leased Premises shall identify all gates and culverts and identify road construction materials, including those materials, if any, proposed to be acquired from the Leased Premises.
Facilities and Improvements. It and each of its Subsidiaries has good and marketable title (as defined in Section 3.1(q)(i)) to loadouts, tipples, docks and other facilities material to its operations ("FACILITIES") owned or purported to be owned by it or its Subsidiaries, and good and marketable leasehold title (as defined in Section 3.1(q)(ii)) to the Facilities which are leased by it or its Subsidiaries. All of the Facilities, and the use presently being made of the Fee Property and the Leased Property, comply with all applicable zoning and building code ordinances and all applicable fire, environmental, occupational safety and health standards and similar requirements established by law or regulation, except as would not constitute a Material Adverse Effect.
Facilities and Improvements. A. The County, with input from the Enterprise, shall develop, update, and conduct recreation operations on the Recreation Lease Property, in accordance with a Management Plan (MP). The Enterprise shall be invited to participate in the development of the MP, and in any revisions to it. The County shall keep and maintain the recreation facilities on the Recreation Lease Property in a good and reasonable state of repair, reasonable wear and tear excepted.
B. The construction, operation, use and maintenance of the Larimer County Access Road and Saddle Dam Access Road shall be as specified in the 2020 IGA and the perpetual easements which are to be granted by the parties. Both parties wish to limit construction or creation of additional roads on the Recreation Lease Property. No additional roads will be constructed or created on site by either party without consultation with the other party. Both parties will minimize disturbance of vegetation, soil, and rock outcroppings in order to protect the natural and visual resources of the land for wildlife habitat and public use. Any soil disturbing impacts will be promptly mitigated by the responsible party.
C. The Enterprise shall be responsible for installation, maintenance and replacement of all the gate(s) and locks on the Recreation Lease Property, except the entrance gate for the recreation area which will be installed, maintained and replaced by the County. The Enterprise shall provide to Larimer County the keys or codes necessary to operate any such gate(s) or locks. The County shall likewise provide keys or access to the Enterprise to any gate installed by the County. The design of the gates, fences and signage shall be designed in cooperation between the County and the Enterprise recognizing the Enterprise’s needs for security. The County will be responsible for the daily operation of the main gate near the junction with CR 18E. The Enterprise shall be responsible for installation and maintenance all signs and fencing associated with dam safety and site security. Larimer County shall be responsible for all signs and fencing associated with the recreation management of the Recreation Lease Property.
D. Funding for permanent facilities improvements and replacement is subject to both the Enterprise and County’s ability to secure adequate appropriation of funds. The County shall be responsible for design, construction and maintenance of all recreation facilities. All permanent facilities constructed by Larimer C...
Facilities and Improvements. ▇. ▇▇▇▇▇▇▇▇ shall furnish all labor, tools and equipment necessary to operate the Landfill and shall be responsible for all required maintenance thereof. Supervision by an experienced and qualified person shall be provided at all times when the Landfill is open for use or operation.
▇. ▇▇▇▇▇▇▇▇ agrees to pay all charges for all water, electrical power, natural gas and phone service utilized at the Landfill.
▇. ▇▇▇▇▇▇▇▇ shall construct and maintain at its expense any facilities, improvements and buildings with the site necessary for the operation of the Landfill and all facilities and improvements necessary for the operation of two transfer stations.
d. County shall provide, at its expense, two transfer site locations.
▇. ▇▇▇▇▇▇▇▇ shall pay certain fees to County (as set forth in Subparagraph F infra). These fees shall be paid in lieu of any tax (including real estate taxes) levied against the Landfill, or any other tax that is enacted by County which applies, directly of indirectly, to the Landfill or to Landfills and not to businesses generally. In the event any such tax is enacted or imposed, County shall credit the amount of such tax against the fees to be paid by ▇▇▇▇▇▇▇▇ hereunder.
Facilities and Improvements. Maps and other information sufficient to locate the proposed locations and specifications of all Wind Energy Facilities and Improvements on the Leased Premises. Information concerning Wind Energy Facilities shall include numbers, type, size, manufacturer, model, and foundation design of any surface area that may be disturbed with the placement of proposed Wind Energy Facilities and Improvements. Information concerning the construction of roads on the Leased Premises shall identify all gates, culverts, and road construction materials, including those materials, if any, proposed to be acquired from the Leased Premises in accordance with Section 2.2.8. Information concerning the construction of pipes, pipelines, transmission lines, and any other items to be placed above or below the surface of the Leased Premises, if applicable, shall identify where any such items are to be installed on the surface or buried and how they cross existing or planned roads.
Facilities and Improvements