Underground Improvements Clause Samples

Underground Improvements i. Water Distribution System $ ii. Storm Water Retention Facilities $ iii. Sanitary Sewer System $ iv. Storm Sewer System $

Underground Improvements. 37 3.15.6 RECORDS..........................................................................37 3.15.7 LIENS............................................................................37 3.16

Underground Improvements. The existence of certain partially demolished concrete tanks (that were formerly part of the Seller’s treatment plant) at the northwest corner of the property (“the Underground Improvements”). The existence of these structures was previously unknown to Buyer, and Buyer may therefore incur certain previously unanticipated construction costs as a result of their discovery.‌

Underground Improvements. 37 3.15.6 Records............................................................................. 37 3.15.7 Liens............................................................................... 37 3.16

Underground Improvements. The Client will furnish to the Consultant information identifying the type and location of existing underground improvements on the site. The Consultant is entitled to rely upon the accuracy and completeness of the information furnished to the Consultant. The Consultant (or its subconsultant) will prepare and furnish to the Client a plan showing the location of these underground improvements as provided by the Client and indicating the locations intended for subsurface penetrations. The Client will review and approve this plan and authorize the Consultant to proceed. The Client further agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Consultant, its officers, directors, employees and subconsultants (collectively, the Consultant) against any damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, arising or allegedly arising from subsurface penetrations in locations authorized by the Client or from the inaccuracy or incompleteness of information provided to the Consultant by the Client, except for damages caused by the sole negligence or willful misconduct of the Consultant.

Underground Improvements. Except as set forth in Schedule 3.15.5 delivered hereunder: (a) no Real Property contains any underground improvements, including underground storage tanks or underground piping attached to such storage tanks, used currently or in the past for the management of Hazardous Materials, and no portion of such Real Property is or has been used as a dump or landfill or consists of or contains filled in land; and (b) no Real Property sold or otherwise transferred by CRSI or such Subsidiary prior to the CRSI Acquisition Date contained prior to the CRSI Acquisition Date any underground improvements, including underground storage tanks or underground piping attached to such storage tanks, used in the past for the management of Hazardous Materials, and no portion of such Real Property was, on or prior to the CRSI Acquisition Date, used as a dump or landfill or consisted of or contained filled in land.

Underground Improvements. In order to proceed with its contemplated improvements on the Property, Buyer anticipates having to remove at least some of the Underground Improvements. In principle, the Seller is willing to pay for a reasonable amount of the actual, incremental costs of removing the Underground Improvements so long as it is demonstrated that the removal is essential to Buyer’s contemplated plans and the Buyer actually incurs those costs. In order for the parties to negotiate an agreed-upon cost of removing the Underground Improvements, Buyer agrees to (a) have a soils report prepared to determine what type of foundation would be required for the improvements contemplated on the footprint of the Underground Improvements; (b) evaluate whether its site plan could be cost effectively redesigned in a manner that does not require removal of the Underground Improvements; (c) evaluate whether the improvements contemplated on the footprint of the Underground Improvements would require that all of the Underground Improvements be removed or only a portion thereof; and (d) determine the estimated cost of removing the Underground Improvements. No later than December 16, 2011, Buyer shall provide its analysis of the foregoing issues to the Seller in writing. Thereafter, the parties shall negotiate in good faith to reach agreement on the cost that Seller would be obligated to pay Buyer to reimburse it for the costs of removing, as the case may be, the Underground Improvements or a portion thereof. The parties shall attempt to reach agreement as soon as reasonably possible, but no later than 30 days, after Seller’s receipt of the analysis required by this paragraph. As the amount of proceeds anticipated from the sale of the Property is the consideration for the Seller to proceeding with the DDA, and the costs associated with removal of the Underground Improvement effectively reduce the amount of that consideration, the District may determine to terminate the DDA for convenience as a result of the parties’ failure to reach agreement on the costs for removing the Underground Improvements. If at the end of the 30-day period the parties have not reached agreement, Seller shall terminate the DDA for convenience, if requested to do so by Buyer.

Underground Improvements. Grantee, on behalf of itself, its officers, agents, employees, contractors, suppliers, and all other persons under contract with Grantee (each individually referred to herein as, a “Grantee Party” and collectively as, “Grantee Parties”), does further hereby covenant and agree that all Improvements shall be maintained and kept underground and shall be buried at least twenty-four inches (24”) below the surface grade of the Easement Area; Grantee shall make reasonable efforts to coordinate with Grantor regarding the location of any portion of the Improvements less than twenty-four inches (24”) below the surface grade of the Easement Area, at the surface or above ground (including without limitation surface manholes and vent pipes) to minimize any interference with Golf Course play. Grantee shall provide Grantor with “as-built” drawings of the Improvements located within the Easement Area and all modifications thereof.