Storm Drainage Easement Sample Clauses

Storm Drainage Easement. (i) Declarant grants to the Parcel Two-B Owner and such Owner's tenant, a non-exclusive, perpetual easement, appurtenant to Parcel Two-B, to use portions of Parcel One (the "Parcel One Drainage Easement") designated as "20' PRIVATE DRAINAGE EASEMENT HEREBY CONVEYED TO PARCEL 2B" as more particularly shown and described on a subdivision plat (the "Plat") entitled "Plat of Vacation, Resubdivision, Right-of-Way and Easement Dedications on `Parcels A and B Resubdivision of Property of The Christian Broadcasting Network, Inc.' Map Book 231, Page 96-98" which will be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, for the installation, maintenance, repair and replacement of storm sewer facilities for drainage flow. Parcel Two-B Owner and its tenant shall have the right to enter onto Parcel One for the purpose of installing, maintaining, repairing, and replacing such storm sewer facilities with respect to the Parcel One Drainage Easement. No trees, permanent buildings or other structures shall be placed or allowed to encroach upon the facilities constructed by Parcel Two-B Owner within the area in which Parcel One Drainage Easement is located, and no change of grade shall be performed without prior written approval of the Parcel Two-B Owner. Such easement area may be used for landscaping, parking and for other purposes that do not interfere with the installation, maintenance, repair or replacement of the constructed facilities. If the Parcel Two-B Owner, in exercising its rights under this easement, makes any excavation on Parcel One, such excavated areas shall be back filled when the work is completed and shall be compacted in the same manner as existed previously. Any pavement or landscaping disturbed by such installation, maintenance, repair or replacement shall be replaced by, and at the expense of, the Parcel Two-B Owner. The Parcel Two-B Owner shall be responsible for the maintenance of the Parcel One Drainage Easement and shall keep, maintain and repair the Parcel One Drainage Easement in a clean and safe condition so as not to present hazards or safety concerns. (ii) Declarant grants to the Parcel One Owner, the Parcel Two-A Owner, the Parcel Two B Owner, the Parcel Three Owner and such Owners' tenants and contractors, a non-exclusive, perpetual easement, appurtenant to such Parcels, to use portions of Parcel One, Parcel Two-A and Parcel Three as are shown as "Storm Water Facility" on the Plat for the installat...

Storm Drainage Easement. This easement shall be perpetual and shall run with the land. Owner does hereby grant and convey unto the Town, its successors and assigns, an easement through, upon, and across the Property for the purpose of installing, constructing, operating, maintaining, repairing, replacing, adding to, or altering present or future storm drainage ditches, lines, or other drainage structures and facilities, plus necessary inlet structures, manholes, and appurtenances for the collection of storm waters and its transmission through, across and upon the property, said easement areas being more particularly bounded and described on the Plat as “ .” The above-described storm drainage easement is subject to the following conditions:

Storm Drainage Easement. Grantor, and for and on behalf of its successors and assigns, and for and on behalf of anyone claiming by, through or under Grantor, does hereby grant, bargain, sell and convey unto Grantee and its successors and assigns, a perpetual, non- exclusive easement in, on, over, under, across and through that certain portion of the FCS Property shown as the " Storm Drainage Easement" on the drawing attached hereto as Exhibit "C" and as more particularly described in the legal description of said Storm Drainage Easement attached hereto as Exhibit "C-1" and incorporated herein by this reference (the “Storm Drainage Easement”). The rights, benefits, privileges, and easements granted herein are for the purpose of the non-exclusive use and enjoyment of the Storm Drainage Easement to channel, distribute or transport storm water originating from the City's Property through the FCS Storm Sewer. Notwithstanding the foregoing, Grantor hereby agrees to accept such storm water discharge through the FCS Storm Sewer in its current intensity, rate, volume and location. The quantity or volume of the storm water that may be discharged into the FCS Storm Sewer from the City Property shall not materially exceed the quantity or volume of storm water currently discharging from the City Property to the FCS Property. Neither Grantee nor any other property owner shall modify the existing storm water runoff from the City Property in a manner that adversely affects the FCS Property without the prior written consent of the Grantor.

Storm Drainage Easement. At the Close of Escrow, Seller shall deliver to Buyer, a perpetual storm drainage easement, in recordable form and otherwise in a form and content reasonably acceptable to Seller and Buyer, permitting Buyer, its successors and assigns, to discharge Buyer's storm water run-off into a holding pond located on the Race Track (the "Retention Basin"). Seller shall be responsible, at its sole cost and expense, for the construction and maintenance of the Retention Basin, as are necessary to afford appropriate drainage for the Subject Real Property upon the occurrence of a "Twenty-Five Year" storm; provided that if the cost of the Retention Basin exceeds the amount of Seven Hundred Thousand Dollars ($700,000.00) (as evidenced by an estimate reasonably acceptable to Buyer, prepared by Seller's civil engineer and delivered to Buyer), then Buyer shall fund thirty-three percent (33%) of such additional costs. For the purposes of this Section 14.11, the costs of construction of the Retention Basin shall not include any imputed land costs, but shall include all construction, engineering and other associated costs and the cost of installation of necessary pumps, lines, or pipes and associated equipment originating at the property line of the Subject Real Property and terminating at such Retention Basin. Seller shall also be responsible for the installation, maintenance and repair of the necessary lines or pipes and associated equipment originating at the property line of the Subject Real Property and terminating at such Retention Basin.

Storm Drainage Easement. Grantor hereby grants and conveys to Grantee, its successors and assigns who become owners of the Grantee’s Property, and declares for the benefit of the Grantee’s Property, a permanent and non-exclusive easement (the “Storm Drainage Easement”) for the flow of naturally created surface water on, over, upon, across and through the Grantor’s Property to facilitate proper drainage of naturally created water flow into the storm water detention basins or retention pond area or areas to be located and maintained on the Grantor’s Property as storm water detention basins or retention pond areas to serve the Grantor’s Property and the Grantee’s Property as shown and described on Exhibit G attached hereto, together with any replacement of such storm water detention basins or retention pond areas hereafter located and maintained on the Grantor’s Property (the “Storm Drainage Facilities”).

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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]
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.
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.
Stormwater Notwithstanding any other provisions or terms of this Agreement, Company acknowledges that certain properties within the Premises or on Authority-owned land are subject to stormwater rules and regulations. Company agrees to observe and abide by such stormwater rules and regulations as may be applicable to the Premises, and, if applicable, Company hereby expressly covenants, warrants, and represents to Authority, in connection with Company’s operations on the Premises, the following: A. Company is required to submit a Notice of Intent to use the State of Florida Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity. Authority and Company both acknowledge that close cooperation is necessary to ensure compliance with any stormwater discharge permit terms and conditions, as well as to ensure safety and to minimize the cost of compliance. Company acknowledges further that it may be necessary to undertake actions to minimize the exposure of stormwater to “significant materials” (as such term may be defined by applicable stormwater rules and regulations) generated, stored, handled, or otherwise used by Company by implementing and maintaining “best management practices” (BMPs) (as such term may be defined in applicable stormwater rules and regulations). Company will establish a BMP plan for the Premises and submit a copy to Authority. B. Company will be knowledgeable of any stormwater discharge permit requirements applicable to Company and with which Company will be obligated to comply. The submittal of a Notice of Intent will be made by Company to the FDEP, and a copy will be submitted to Authority. Company is required to comply with the following requirements including, but not limited to, certification of non-stormwater discharges; collection of stormwater samples; preparation of a Stormwater Pollution Prevention Plan or similar plans; implementation of BMPs; and maintenance and submittal of necessary records. In complying with such requirements, Company will observe applicable deadlines set by the regulatory agency that has jurisdiction over the permit. Company agrees to undertake, at its sole expense, those stormwater permit requirements for which it has received written notice from the regulatory agency and that apply to the Premises, and Company agrees that it will hold harmless and indemnify Authority for any violations or non-compliance with any such permit requirements.
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.
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.
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
Drainage ▪ Prevent silt bearing road surface and ditch runoff from delivering sediment to any streams or wetlands. ▪ Maintain rolling dips and drivable waterbars as needed to keep them functioning as intended. ▪ Maintain headwalls to the road shoulder level with material that will resist erosion. ▪ Maintain energy dissipaters at culvert outlets with non-erodible material or rock. ▪ Keep ditches, culverts, and other drainage structures clear of obstructions and functioning as intended. ▪ Inspect and clean culverts at least monthly, with additional inspections during storms and periods of high runoff. This shall be done even during periods of inactivity. ▪ Perform preventative maintenance work to safeguard against storm damage, such as blading to ensure correct runoff, ditch and culvert cleaning, and waterbar maintenance.
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.
Condition of Leased Premises Tenant hereby acknowledges that Xxxxxx has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Xxxxxx agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Xxxxxx’s family or Xxxxxx’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted. Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

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