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]
Appears in 5 contracts
Samples: Office Lease (Peregrine Systems Inc), Lease Option Agreement (Peregrine Systems Inc), Office Lease (Peregrine Systems Inc)
Utility Easements. There is hereby reserved Except as installed by the Declarant or approved by the New Construction Committee or Architectural Committee, as applicable, no lines, wires, or other devices for the use communication or transmission of electric current or power, including telephone, television, cable and benefit of radio signals, shall be erected, placed or maintained anywhere in or upon any Lot unless the Association same shall be contained in conduits or cables installed and all Ownersmaintained underground or concealed in, non-exclusive easements within under or on buildings or other structures, to the Common Areas for extent reasonably practicable. No structure, landscaping, or other Improvements shall be placed, erected, or maintained upon any area designated on the location, Plat as a public utility easement which may damage or interfere with the installation and maintenance of utilities utilities. Such public utility easement areas, and drainage facilities of convenience or necessity as may all Improvements thereon, shall be requested or required maintained 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 Lot on which the easement area is located unless the utility company or a county, municipality or other public authority maintains said easement area. There is hereby created a blanket easement upon, across, over and under the Property for ingress to, egress from and the buildings constructed within the Centerinstallation, 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, operatingreplacing, repairing, servicing altering, operating and maintaining of all utility and service lines and systems including, but not limited to, water, sewer, gas, telephone, electricity, cable or communication lines and systems, as such utilities are installed in connection with the initial development of each Lot. Pursuant to this easement, a providing utility or drainage service company may install and maintain facilities and enforcing equipment on the easement rightsLots and Common Areas and affix and maintain wires, circuits, and conduits on, in, and under the roofs and exterior walls of buildings thereon. For purposes hereofNotwithstanding anything to the contrary contained in this Section, "utilities" shall include electricityno sewers, gas mains and electrical lines, water distribution lines, storm water sewersor other utility or sewer lines may be installed or relocated within the Property except as initially created or approved by Declarant without the prior written approval of, sanitary sewersin the case of a Common Area, telephonethe Association and the New Construction Committee or Architectural Committee, fiberopticas applicable or, cable TVin the case of a Lot, the Owner of such Lot and telegraph cables and linesthe New Construction Committee or Architectural Committee, and other similar as applicable. Nothing contained herein shall entitle Declarant or related facilities commonly regarded as utilitiesany utility in exercising the rights granted herein to disturb any Residential Unit constructed in accordance with the requirements hereof. All storm drains, Declarant further reserves temporary construction easements for utility lines, transformers maintenance of storage tanks and meters shall be maintained under the terms of this Declaration in a safe facilities 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]such facilities.
Appears in 2 contracts
Samples: Declaration of Covenants, Conditions and Restrictions, Declaration of Covenants, Conditions and Restrictions
Utility Easements. There is hereby reserved for the use and benefit of the Association and all Owners13.1. The Plans, 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 approved by the Association or any Owner provided that the grant thereof does not unreasonably interfere with the normal operationCity, improvementshall designate road allowances, and use of the Common Area and the buildings constructed within the Centerpublic utility lots, 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 of widths adequate to the needs of the City and utility companies, for utilities over the Common Areas construction and installation of Municipal Improvements and Franchise Utilities to and through the Development Area, and for storm drainage systems, and shall be of a width and in such locations as necessary to serve required by the Common Areas and/or the ParcelsCity.
13.2. The Owner road allowances, public utility lots, easements and utility rights-of-way shall be granted and registered to the City (without further compensation payable to the Developer), upon the earlier of:
a) submission for registration of a Plan of Subdivision for the Development Area and prior to the sale of any Parcel lots covered by a Plan of Subdivision;
b) as a condition of the City’s issuance of an applicable development permit, in the event that a Plan of Subdivision is not contemplated as part of the development of the Development Area; and in any event prior to Commencement of his Occupants or licensees Construction.
13.3. Where Subdivision is contemplated as part of the development of the Development Area, the Developer shall have within ONE (1) month of registration of the right at Plan of Subdivision, and prior to the sale of any lots within the Development Area, provide to the City proof of the registration of all reasonable times to enter upon the land subject to said road allowances, public utility lots, easements and to installutility rights-of-way required by the City.
13.4. The Developer agrees that the road allowances, maintain, operate, repair easements and service utilities and drainage facilities thereon for the use and benefit of his Parcel; provided, however, any such Person utility rights-of-way shall restore said land, at his own expense, as nearly as practicable, be in a form acceptable to the same condition as existed prior to such entry City and shall comply with be a first charge against all properties within the provisions Development Area, excepting other easements and utility rights-of-way, and further agrees to obtain and register postponements of Section 11.6all liens, charges and encumbrances in favor of the easements.
13.5. The Owner of any Parcel Such road allowances, easements or utility rights-of-way shall have provide the City the right to assign all or any part of the benefit rights granted to operators of the respective Franchise Utilities or to grant permits or licenses to install, repair and use of any such easement to any public or private utility companyreplace gas, 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 sewerspower, telephone, fiberopticcable, cable TVcommunication lines and drainage systems.
13.6. The Developer covenants that it shall register or cause to be registered against the Development Area or other lands controlled by the Developer, and telegraph cables and linesin a form acceptable to the City, restrictive covenants and other similar instruments which are required by any subdivision approval for the Development Area or related facilities commonly regarded as utilities. All storm drains, utility lines, transformers and meters shall be maintained otherwise required 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]Agreement.
Appears in 2 contracts
Utility Easements. There is (a) District hereby reserved grants and conveys to LAFC for the use and benefit of the Association LAFC Parcel and all OwnersImprovements now or hereafter located thereon, perpetual, non-exclusive easements within in, to, over, under, along and across the Common Areas located on the District Parcel necessary for the locationinstallation, installation operation, flow, passage, use, maintenance, connection, repair, replacement, relocation, and maintenance removal of utilities Utility Lines serving the LAFC Parcel. The initial location of such easements with respect to any Utility Lines that serve the LAFC Parcel and drainage facilities are located on the District Parcel (i) which exist as of convenience the date of this OEA (“Existing Utility Line(s)”) shall be the existing as-built locations of all Existing Utility Lines serving the existing Sports Arena improvements, and (ii) which are proposed to first be built, installed, extended, modified or necessity relocated on any portion of the District Parcel after the date of this OEA (“New Utility Line(s)”) will be subject to the prior written approval of District and the Department of General Services, Deputy Director, Real Estate Services Division (“DGS”), which approval will not be unreasonably withheld, conditioned or delayed. Such easement area shall be no wider than necessary to reasonably satisfy the requirements of a private or public utility company. LAFC shall provide to District a copy of an as-built survey showing the location of such New Utility Line after the Construction or other Work thereto has been completed.
(b) All Utility Lines shall be underground except: (i) ground mounted electrical transformers; (ii) as may be requested necessary during periods of Construction, repair or temporary service; (iii) as may be required by Governmental Authorities; (iv) as may be required by the Association or provider of such utility service; (v) as may be attached to a Building (e.g. solar panels); (vi) fire hydrants; and (vii) any Owner provided Existing Utility Lines that are located above ground. At least thirty (30) days prior to utilizing the grant thereof does not unreasonably interfere utility easement granted herein with respect to any New Utility Lines, LAFC shall provide District with a written statement describing the normal operationneed for such easement, improvementidentifying the proposed location of the New Utility Line, the nature of the service to be provided, and the anticipated commencement and completion dates for the Work. Prior to commencing any Work on the District Parcel, including any emergency Work, LAFC shall provide to the District evidence of insurance coverage as required by Section 5.1 hereof.
(c) If LAFC is installing a New Utility Line it shall obtain all necessary permits and approvals from any Governmental Authority (including DGS) or third party utility provider and shall pay all costs and expenses with respect to the initial Construction. The easement granted in this Section 2.3 shall include a reasonable right of access on and over the District Parcel as may be reasonably required for LAFC’s full use and enjoyment of the Common Area utility easements granted herein. Except to the extent maintained by any utility provider or Governmental Authority, in the exercise of the utility easement granted herein, LAFC shall (i) maintain and repair all Utility Lines located on the buildings constructed within District Parcel that exclusively serve the CenterLAFC Parcel in a safe, clean and good state of repair and condition, 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 Declarantii) shall have the authority right (but not the obligation) to grant easements or rights-of-way for utilities over maintain and repair Utility Lines located on the Common Areas District Parcel that serve the LAFC Parcel and other portions of the District Parcel as necessary to serve prevent any disruption, impairment or diminution of utility services to the Common Areas and/or LAFC Parcel (in function, capacity or operation). Any Work performed by LAFC in connection with the Parcelsexercise of the utility easements granted hereunder shall be performed in compliance with all applicable Governmental Regulations, as quickly as possible and, except with respect to the initial Construction thereof or in the event of emergency, after normal business hours whenever possible, with all affected or disturbed areas backfilled and adequately compacted to prevent voids and with the surface restored to a condition equal to or better than that existing before such Work was commenced. The Owner Except in the case of a maintenance emergency where such Work may be initiated after reasonable notice, LAFC shall provide District with at least fifteen (15) days prior notice before commencement of any Parcel Work on the District Parcel. LAFC agrees to Indemnify District from and any against all Claims arising out of his Occupants or licensees shall have resulting from the exercise of the right at all reasonable times to enter upon the land subject to said easements and to install, maintain, operaterepair, repair replace, remove, relocate and service utilities operate any Utility Line hereunder.
(d) District hereby grants and drainage facilities thereon conveys to LAFC for the use and benefit of his the LAFC Parcel, the perpetual right and easement to discharge surface storm water drainage and/or runoff from the LAFC Parcel over, upon and across the Common Area of the District Parcel, upon the following conditions and terms: (i) such discharge and runoff shall be over and through the existing drainage patterns and Existing Utility Lines (including the existing storm water collection facilities and storm sewer Utility Lines in effect as of the date of this OEA); providedand (ii) with respect to any new Construction or New Utility Lines, howeverthe grades and the surface elevations for the LAFC Parcel and the surface water drainage/retention system serving the LAFC Parcel shall be initially constructed in strict conformance with plans and specifications approved by District, any which approval will not be unreasonably withheld, conditioned or delayed. No Party shall alter or permit to be altered the surface of the Common Area or the drainage/retention system constructed on its Parcel if such Person shall restore said landalteration would materially increase the velocity, at his own expensevolume or flow of surface water onto the other Party’s Parcel either in the aggregate or by directing the flow of surface water to a limited area. In connection with LAFC’s rights under this Section 2.3(d), as nearly as practicable, LAFC agrees 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 all Governmental Regulations related 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 sewersdischarge during Construction and Hazardous Materials that are brought onto the LAFC Parcel or disturbed by LAFC, sanitary sewersits agents, 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]employees or
Appears in 1 contract
Samples: Operation and Easement Agreement
Utility Easements. There is The Village Entities do hereby reserved for the use establish in favor of and benefit of the Association and all Owners, reserve unto Glass House a non-exclusive easements within easement (“Utility Easement”) under, through and across those portions of the Common Areas Village Parcels intended as the locations for "Utility Facilities" (defined below) serving the Glass House Parcels, as depicted in that certain Utility Plan of the Village Parcels attached hereto as Exhibit “J” and by this reference hereby incorporated herein, and including, but not limited to, the lift station located on the OTR Parcel (collectively, “Utility Easement Areas”). The Utility Easement shall be for the locationinstallation, installation use and maintenance of utilities including, but not necessarily limited to, potable water lines, sanitary sewer lines, water sprinkler system lines, telephone, television, electrical and drainage facilities other communications conduits or systems, gas mains and other utilities, in common with the use of convenience or necessity such utilities by the Village Entities, all as may be requested necessary or required desired in connection with the development of the Glass House Parcels consistent with the Utility Plan for the Village Parcels, and the Utility Easement shall also run and inure to the benefit of the providers of any such utility lines or systems. (“Utility Easement”). All such systems, structures, mains, lines, conduits and other utilities constructed upon or installed within the Utility Easement Areas consistent with the Project Plans shall be referred to herein as the “Utility Facilities”. The Utility Facilities shall be installed and maintained below ground level to the extent that such installation is feasible and customary, and the Owners of Village Parcels encumbered by the Association Utility Easement shall be permitted to construct improvements within the Utility Easement Areas, except such improvements that prevent the location and use of the Utility Facilities within the Utility Easement Areas for the purpose for which such Utility facilities are intended. Ownership of, and maintenance responsibility for, any Utility Facilities will be determined by and between the utility provider and the Owners whose Parcels are served by such facilities. The Utility Easement shall include the right, in favor of Glass House to (i) enter upon the Utility Easement Areas, at Glass House’s sole cost and expense, in order to construct or otherwise install any Utility Facilities, not already constructed or under construction by the Owner provided of the Village Parcel upon which such Utility Facilities are to be located, that are necessary to provide utility services to the grant thereof does Glass House Parcel(s) consistent with the Project Plans, (ii) enter upon the Utility Easement Areas in order to maintain, repair or replace the Utility Facilities as permitted by this REA and (iii) temporarily enter upon portions of the Village Parcels immediately adjacent to the Utility Easement Areas to the extent reasonably necessary for Glass House to fully enjoy the Utility Easement. In utilizing the Utility Easements for installation or maintenance work from time to time Glass House shall be obligated to give the Owner of the affected portion of the Village Parcels at least ten (10) days prior notice of its intentions to enter upon the affected portion for purposes of exercising this easement right, except in emergency situations in connection with which Glass House shall be obligated to provide only such advance notice as is reasonably practicable under such emergency conditions, and it shall also restore the Village Parcels to the condition existing prior to such work and such work shall be done at such times so as not to 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 Village Parcels. The Owner Utility Easement created pursuant to this Paragraph 4(b) is also intended, and shall be deemed, to run in favor of any Parcel all governmental and any of his Occupants or licensees shall have quasi-governmental entities with jurisdiction over the right at Project, and all reasonable times private utility providers providing utility services to the Project, to enter upon the land subject Utility Easement Areas and the portions of the Project immediately adjacent thereto, or portions of the Project reasonably necessary to said easements and allow these entities access to the Utility Easement Areas, all to the extent reasonably necessary to allow these entities the right, but not the obligation, to install, maintain, operate, repair repair, maintain 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]replace Utility Facilities.
Appears in 1 contract
Samples: Reciprocal Easements Agreement
Utility Easements. There is hereby reserved Upon Tenant’s written request, the County will grant to Tenant and/or the appropriate governmental authority or utility rights of way and/or easements on, over or under the Premises or the Park for construction for pole lines, pipes, conduits, communication transmission equipment and other equipment, for the use provision of utility and benefit other services to the Premises, including communication, electrical, water, gas, and sanitary and storm sewer. The grant of any such right of way or easement shall be subject to the approval of County, which approval may be withheld in the sole and absolute discretion of the Association County. Tenant’s leasehold interest and the Premises shall be subject to the County’s rights in and to, and the County’s use of, all areas of the Premises where either the Tenant or the County has installed sewer lines, water lines, drainage facilities 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, improvementother utilities, and use of the Common Area and the buildings constructed within the Centerall appurtenances thereto, and no affirmative monetary obligation is imposed upon where Tenant has installed the Owners (other than the Owner benefiting from Public Improvements, all such easement)areas deemed to be “County Easements” for purposes of this Lease. The Declarant (County, its successors 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 assigns, and any of his Occupants or licensees shall have the right at all reasonable times to enter upon the land subject to said easements its employees, agents, 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 contractors hereby shall have the right to assign enter upon the benefit County Easements, and any other Easement, whenever it may be necessary to re-construct, repair, remove, replace, and maintain the Public Improvements and Limited Public Improvements, including the right to expand or modify the Public Improvements as needed for the public health, safety, and welfare at the County’s expense and with access, use and service interruptions to the Premises minimized to the extent feasible. The County shall restore all areas disturbed and/or damaged by the County’s tests, inspections, investigations and construction, substantially to their original condition. The County shall use its reasonable efforts not to cause damage to the Premises or Improvements and the County shall inform Tenant of any tests and work it will perform and Tenant may be present during such easement to any public or private utility company, agency or district for the purpose of installing, operating, repairing, servicing tests 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]work.
Appears in 1 contract
Samples: Ground Lease Agreement
Utility Easements. There is Lessor hereby reserved for the use and benefit of the Association and all Ownersgrants to Lessee, 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 installingthe Electricity Operations and exercising its rights and obligations hereunder and under the LFG Sale Agreement, operatingan easement for the underground or above ground installation of certain improvements, repairingpipelines, servicing and maintaining utilities or drainage facilities utility access. Lessee shall have the right, in accordance with Section 7.2, to construct electrical and enforcing the easement rights. For purposes hereof, "utilities" shall include electricity, natural gas mains distribution and transmission lines, water distribution lines, storm water sewers, sanitary sewers, telephone, fiberoptic, cable TV, and telegraph cables and linespoles, and other similar facilities, in, on, over, across or related facilities commonly regarded under the WM Property, in the locations described on the Site Plan, required to deliver electrical power and/or natural gas to any Purchaser’s Facility, including a natural gas distribution pipeline in the Natural Gas Pipeline Easement.
1.1.1. Lessor and Lessee acknowledge and agree that the exact final location of the Natural Gas Pipeline Easement, as utilitiesapproximately shown on the Site Plan and as legally described on Exhibit B-4, is subject to Lessor’s final consent and approval, not to be unreasonably withheld, in order to ensure that the Natural Gas Pipeline Easement is not located within areas which contain Lessor’s equipment or facilities, including probes and monitoring xxxxx.
1.1.2. All storm drains, utility Lessee’s design and construction of any such above ground or below ground electrical or water lines, transformers or gas, distribution and meters transmission lines, poles, and other facilities shall be maintained subject to the provisions set forth in Section 7.1 below. Lessor and Lessee acknowledge and agree that Lessor may relocate, at Lessor’s sole cost including compensating Lessee for Lessee’s actual documented costs and expenses incurred in connection with the same (e.g., repairing damage to Lessee’s property), but specifically excluding any damages waived under Section 15.2 below, any lines, pole, facility or easement granted herein if deemed necessary or desirable for Lessor’s and/or its Affiliate’s Landfill Operations. Lessor and Lessee shall use good faith efforts to minimize business interruptions to the terms extent commercially feasible. No later than ten Business Days prior to any such relocation of this Declaration utility related infrastructure, Lessor shall provide written notice to Lessee outlining relevant details of the planned relocation, including the period of time that Electricity Operations are reasonably expected to be affected and the steps that Lessor shall take to ensure minimal impact to Electricity Operations. The rights and obligations of Lessor and Lessee in respect of the easements granted hereby, including the Natural Gas Pipeline Easement, the Lessee Flare Gas Line and the Discharge Water Line, shall be further detailed in a safe and good working condition by the party responsible therefor. No grantee of a utility separate easement shall agreement in the useform of Exhibit F, construction, reconstruction, operation, maintenance or repair of any storm drains, utility lines, transformers which easement agreement shall be filed and meters recorded at Xxxxxx’s expense 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]appropriate filing office.
Appears in 1 contract
Samples: Lease Agreement (OPAL Fuels Inc.)
Utility Easements. There is Lessor hereby reserved for the use and benefit of the Association and all Ownersgrants to Lessee, 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 installingthe RNG Operations and exercising its rights and obligations hereunder and under the LFG Sale Agreement, operatingan easement for the underground or above ground installation of certain improvements, repairingpipelines, servicing and maintaining utilities or drainage facilities utility access. Lessee shall have the right, in accordance with Section 7.2, to construct electrical and enforcing the easement rights. For purposes hereof, "utilities" shall include electricity, natural gas mains distribution and transmission lines, water distribution lines, storm water sewers, sanitary sewers, telephone, fiberoptic, cable TV, and telegraph cables and linespoles, and other similar facilities, in, on, over, across or related facilities commonly regarded under the WM Property, in the locations described on the Site Plan, required to deliver electrical power and/or natural gas to any Purchaser’s Facility, including a natural gas distribution pipeline in the Natural Gas Pipeline Easement.
1.1.1 Lessor and Lessee acknowledge and agree that the exact final location of the Natural Gas Pipeline Easement, as utilities. All storm drainsapproximately shown on the Site Plan and as legally described on Exhibit B-3, utility is subject to Lessor’s final consent and approval, not to be unreasonably withheld, in order to ensure that the Natural Gas Pipeline Easement is not located within areas which contain Lessor’s equipment or facilities, including probes and monitoring xxxxx.
1.1.2 Lessee’s design and construction of any such above ground or below ground electrical or water lines, transformers or gas, distribution and meters transmission lines, poles, and other facilities shall be maintained subject to the provisions set forth in Section 7.1 below. Lessor and Lessee acknowledge and agree that Lessor may relocate, at Lessor’s sole cost including compensating Lessee for Lessee’s actual documented costs and expenses incurred in connection with the same (e.g., repairing damage to Lessee’s property), but specifically excluding any damages waived under Section 15.2 below, any lines, pole, facility or easement granted herein if deemed necessary or desirable for Lessor’s and/or its Affiliate’s Landfill Operations. Lessor and Lessee shall use good faith efforts to minimize business interruptions to the terms extent commercially feasible. No later than ten Business Days prior to any such relocation of this Declaration utility related infrastructure, Lessor shall provide written notice to Lessee outlining relevant details of the planned relocation, including the period of time that RNG Operations are reasonably expected to be affected and the steps that Lessor shall take to ensure minimal impact to RNG Operations. The rights and obligations of Lessor and Lessee in respect of the easements granted hereby, including the Natural Gas Pipeline Easement, and the Discharge Water Line, shall be further detailed in a safe and good working condition by the party responsible therefor. No grantee of a utility separate easement shall agreement in the useform of Exhibit F, construction, reconstruction, operation, maintenance or repair of any storm drains, utility lines, transformers which easement agreement shall be filed and meters recorded at Xxxxxx’s expense 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]appropriate filing office.
Appears in 1 contract
Samples: Lease Agreement (OPAL Fuels Inc.)
Utility Easements. There is (a) The Developer also hereby reserved reserves for the use and benefit of itself, its successors and assigns, perpetual easements to utilize, tap, tie into, extend and enlarge utility mains in the Condominium Premises, including, but limited to, water, gas, telephone, electrical, cable television, storm and sanitary sewer mains. In the event the Developer, its successors or assigns, utilizer, taps, ties into, extends or enlarges any utilities located on the Condominium Premises, it shall be obligated to pay all of the expenses reasonably necessary to restore the Condominium Premises to their state immediately prior to such utilization, tap, tying-in, extension or enlargement.
(b) The Developer also hereby reserves for the benefit of itself, its successors and assigns and all future owners of contiguous property surrounding West Winds, (if any development is approved by the Township to connect to the utilities in West Winds) perpetual easements to utilize, tap, tie into, extend, and enlarge all utility mains located on the Condominium Premises, including, but not limited to, water, gas, telephone, electric, cable television, storm and sanitary sewer mains. In the event the Developer, its successors or assigns, utilizes, taps, ties into, extends or enlarges any utilities located on the Condominium Premises, it shall be obligated to pay all of the expenses reasonably necessary to restore the Condominium Premises to their state immediately prior to such utilization, tapping, tying-in, extension or enlargement. All expenses of maintenance, upkeep, repair and replacement of the utility mains described in this section shall be shared between the Association and any other person(s) on adjoining land that benefit from such utility mains by a fraction, the numerator if which is the number of Units in this Condominium and the denominator of which is comprised of the number of Units plus all Ownersother dwelling Units in any adjoining land (if any) that benefit from such utility mains. Provided, non-exclusive easements within however, that the Common Areas for foregoing expenses are to be so paid and shared only if such expenses are not borne by a governmental agency or public utility. Provided, further, that the locationexpense sharing shall be applicable only to utility mains and all expenses of maintenance, installation upkeep, repair and maintenance replacement of utilities and drainage facilities of convenience or necessity as may utility leads shall be requested or required borne by the Association to the extent such leads are located on the Condominium and by the owner or any Owner provided that the grant thereof does not unreasonably interfere with the normal operation, improvement, and use owners of the Common Area land (if any) that is contiguous to West Winds.
(c) The Developer hereby grants to all appropriate governmental agencies, easements for public sanitary sewer main and the buildings constructed public water supply mains within the CenterGeneral Common Elements private road right of way as depicted on the Condominium Subdivision Plan for the Project. In the event a governmental agency or its designee constructs, and no affirmative monetary obligation is imposed upon repairs, maintains, replaces, extends or enlarges any utility within the Owners (other than easement granted by this paragraph, that agency shall be obligated to pay all of 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 expenses reasonably necessary to serve restore 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, Condominium Premises to the same condition as existed state immediately 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 utilization, tapping, tying-in, extension 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]enlargement.
Appears in 1 contract
Samples: Master Deed
Utility Easements. There is hereby reserved Prior to the Initial Closing and any subsequent 40 Closing, as appropriate, the Navy shall grant to the Authority on Navy owned Parcels, or 41 reserve to itself on Parcels being conveyed to the Authority, easements, licenses, rights of way, 42 or other similar instruments for the use and benefit of the Association and all Owners, non-exclusive easements within the Common Areas for the location, installation operation and maintenance of utilities existing utilities, and drainage facilities 43 installation, operation and maintenance of convenience all or necessity as portions of new utility systems on said Parcels 44 (“Utility Easements”). Such Utility Easements on Navy owned Parcels may be requested or required provided 45 pursuant to the Utility Agreement referenced in Article 9 hereof. Such Utility Easements on 46 Parcels being conveyed to the Authority shall be reserved by the Association Navy substantially in 1 conformance with the areas shown on Exhibit I-3. The location of the Utility Easements will 2 be adjusted from time to time as necessary to accommodate the redevelopment activity. The 3 Party on whose property the Utility Easements exist (the “Owner Property”) shall not 4 redevelop, close, abandon, reconfigure or any Owner provided replace existing utilities within such easement in 5 such a manner that the grant thereof does not would unreasonably interfere with the normal operation, improvement, and ability of the other Party to exercise 6 its use of the Common Area utilities except where the Party on whose property the Utility Easements exists 7 provides the other Party with suitable comparable alternative utility service and easements over 8 other areas of the buildings constructed within Property. Where such redevelopment, closure, abandonment, reconfiguration 9 or replacement is necessary to conduct actions required by the Centerredevelopment that results in 10 such utility no longer providing the intended service or otherwise ceasing to exist, and no affirmative monetary obligation is imposed upon the Owners Utility 11 Easement, as applicable, shall be moved from time to time to include, in the following order of 12 priority either (i) utilities in other than improved roads that may exist on the Owner benefiting from such easement)Property, (ii) 13 utilities in other unimproved roads that may exist on the Owner Property, or (iii) utilities in 14 other unimproved portions of the Owner Property. The Declarant (and adjustment of the Board where there no longer is a Declarant) Utility Easements 15 shall have be completed by revising the authority to grant easements Exhibits in the original Quitclaim Deeds or rights-of-way for utilities over other applicable 16 instruments with written approval by the Common Areas as necessary to serve Navy or the Common Areas and/or the ParcelsAuthority. 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 11.6approval will not be 17 unreasonably withheld. 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]18
Appears in 1 contract
Samples: Memorandum of Agreement
Utility Easements. There is hereby reserved Except as installed by the Declarant or approved by the New Construction Committee or Architectural Committee, as applicable, no lines, wires, or other devices for the use communication or transmission of electric current or power, including telephone, television, cable and benefit of radio signals, shall be erected, placed or maintained anywhere in or upon any Lot unless the Association same shall be contained in conduits or cables installed and all Ownersmaintained underground or concealed in, non-exclusive easements within under or on buildings or other structures, to the Common Areas for extent treasonably practicable. No structure, landscaping, or other Improvements shall be placed, erected, or maintained upon any area designated on the location, Plat as a public utility easement which may damage or interfere with the installation and maintenance of utilities utilities. Such public utility easement areas, and drainage facilities of convenience or necessity as may all Improvements thereon, shall be requested or required maintained 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 Lot on which the easement area is located unless the utility company or a county, municipality or other public authority maintains said easement area. There is hereby created a blanket easement upon, across, over and under the Property for ingress to, egress from and the buildings constructed within the Centerinstallation, 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, operatingreplacing, repairing, servicing altering, operating and maintaining of all utility and service lines and systems including, but not limited to, water, sewer, irrigation water, gas, telephone, electricity, cable or communication lines and systems, such as utilities are installed in connection with the initial development of each Lot. Pursuant to this easement, a providing utility or drainage service company may install and maintain facilities and enforcing equipment on the easement rightsLots and Common Areas and affix and maintain wires, circuits, and conduits on, in, and under the roofs and exterior walls of buildings thereon. For purposes hereofNotwithstanding anything to the contrary contained in this Section, "utilities" shall include electricityno sewers, gas mains and electrical lines, water distribution lines, storm water sewersor other utility or sewer lines may be installed or relocated within the Property except as initially created or approved by Declarant without the prior written approval of, sanitary sewersin the case of a Common Area, telephonethe Association and the New Construction Committee or Architectural Committee, fiberopticas applicable or, cable TVin the case of a Lot, the Owner of such Lot and telegraph cables and linesthe New Construction Committee or Architectural Committee, and other similar as applicable. Nothing contained herein shall entitle Declarant or related facilities commonly regarded as utilitiesany utility in exercising the rights granted herein to disturb any Residential Unit constructed in accordance with the requirements hereof. All storm drains, Declarant further reserves temporary construction easements for utility lines, transformers maintenance of storage tanks and meters shall be maintained under the terms of this Declaration in a safe facilities 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]such facilities.
Appears in 1 contract
Samples: Declaration of Covenants, Conditions and Restrictions
Utility Easements. There is hereby reserved Except as installed by the Declarant or approved by the New Construction Committee or Architectural Committee, as applicable, no lines, wires, or other devices for the use communication or transmission of electric current or power, including telephone, television, cable and benefit of radio signals, shall be erected, placed or maintained anywhere in or upon any Lot unless the Association same shall be contained in conduits or cables installed and all Ownersmaintained underground or concealed in, non-exclusive easements within under or on buildings or other structures, to the Common Areas for extent reasonably practicable. No structure, landscaping, or other Improvements shall be placed, erected, or maintained upon any area designated on the location, Plat as a public utility easement which may damage or interfere with the installation and maintenance of utilities utilities. Such public utility easement areas, and drainage facilities of convenience or necessity as may all Improvements thereon, shall be requested or required maintained 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 Lot on which the easement area is located unless the utility company or a county, municipality or other public authority maintains said easement area. There is hereby created a blanket easement upon, across, over and under the Property for ingress to, egress from and the buildings constructed within the Centerinstallation, 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, operatingreplacing, repairing, servicing altering, operating and maintaining of all utility and service lines and systems including, but not limited to, water, sewer, gas, telephone, electricity, cable or communication lines and systems, as such utilities are installed in connection with the initial development of each Lot. Pursuant to this easement, a providing utility or drainage service company may install and maintain facilities and enforcing equipment on the easement rightsLots and Common Areas and affix and maintain wires, circuits, and conduits on, in, and under the roofs and exterior walls of buildings thereon. For purposes hereofNotwithstanding anything to the contrary contained in this Section, "utilities" shall include electricityno sewers, gas mains and electrical lines, water distribution lines, storm water sewersor other utility or sewer lines may be installed or relocated within the Property except as initially created or approved by Declarant without the prior written approval of, sanitary sewersin the case of a Common Area, telephonethe Association and the New Construction Committee or Architectural Committee, fiberopticas applicable or, cable TVin the case of a Lot, the Owner of such Lot and the New Construction Committee or Architectural Committee, as applicable. Nothing contained herein shall entitle Declarant or any utility in exercising the rights granted herein to disturb any Residential Unit constructed in accordance with the requirements hereof. Land Owner further reserves to itself, its successors and assigns, and telegraph cables grants to Declarant, its successors and linesassigns, and other similar or related facilities commonly regarded as utilities. All storm drains, temporary construction easements for utility lines, transformers maintenance of storage tanks and meters shall be maintained under the terms of this Declaration in a safe facilities 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]such facilities.
Appears in 1 contract
Samples: Declaration of Covenants, Conditions and Restrictions
Utility Easements. There is hereby reserved for 4.1 Subject to any express conditions, limitations or reservations contained herein, the use and benefit Owner of the Association Adjacent Lots hereby grants, conveys and all Ownersestablishes, non-exclusive and covenants and agrees that Xxx 0 xxx xxx Xxxxx xx Xxx 0 xxxxx xx benefited by, nonexclusive, perpetual easements within for Utility Lines under, through and across the Common Utility Easement Areas for the locationinstallation, installation operation, maintenance, repair and maintenance replacement of utilities Utility Lines (the "Utility Easements"; collectively, the Access Easement, Drainage Easement and drainage facilities the Utility Easements may be referred to herein as the "Easements", and each an "Easement"). The Utility Easements shall include the right of convenience or necessity reasonable ingress and egress with respect to the Utility Easement Areas as may be requested or required to maintain the same. Each portion of the Utility Easement Areas shall be of a reasonable width, but in any event at least twenty feet (20') in width, ten feet (10') on each side of the centerline of the applicable Utility Line, as such Utility Lines are currently located and depicted on Exhibits "E" and "F" attached hereto.
4.2 The cost of maintaining, repairing and replacing the Separate Utility Lines shall be borne solely by the Association Owner of the Lot serviced thereby. The cost of maintaining, repairing and replacing Common Utility Lines ("Common Utility Maintenance") shall be borne solely by the Owners served thereby and all costs associated therewith shall be allocated among the Owners of the Lots served thereby in proportion to the total land area of each Lot served. Except in the case of emergencies, the Owner performing such Common Utility Maintenance shall notify any other Owners of Lots served by the affected Common Utility Lines of the need for such maintenance, repair and replacement at least fifteen (15) days prior to the commencement of any such work. The Owner performing such Common Utility Maintenance shall xxxx the other obligated Owners for their proportionate share(s) of the actual costs of such work, and each such Owner shall pay its xxxx within thirty (30) days after receipt of the same. Bills shall be accompanied with reasonable supporting information establishing the full amount of the costs for Common Utility Maintenance and the billed Owner's proportionate share.
4.3 Within one hundred twenty (120) days after the date hereof, the Owner of the Adjacent Lots shall, at its expense, cause to be prepared and delivered to the Owner of Lot 1 a survey showing the actual location of the Utility Lines and the associated Utility Easement Areas located on the Lots and the Owners agree to execute and deliver any amendment to this Agreement necessary or desirable to more precisely describe or delineate the Utility Easement Areas.
4.4 All Utility Lines shall be installed and maintained below the ground level or surface of the Utility Easement Areas except for surface stormwater drainage facilities that by necessity must be located on the surface of a Lot and ground mounted electrical transformers and such other facilities necessary to be located above ground by the utility providing such service. The operation, maintenance, repair and replacement of Utility Lines (i) may be performed by the Owner of any Owner provided that Lot served thereby (and in the grant thereof does case of any Common Utility Lines in accordance with the provisions of Section 4.2 above) and (ii) shall not unreasonably interfere with the normal operation, improvement, use or occupancy of any other Lot.
4.5 At any time 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 from time to time the Owner benefiting from such easement). The Declarant (and the Board where there no longer is of 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 Lot shall have the right to assign relocate on its Lot any Utility Line installed pursuant to the benefit Utility Easements which is then located on the Lot of such Owner, provided that such relocation (i) shall be performed only after sixty (60) days' written notice of the Owner's intention to undertake the relocation shall have been given to the Owner of each other Lot served by the Utility Line, (ii) shall not interfere with or diminish utility service to the Lot(s) served by the Utility Line, (iii) shall not reduce or impair the usefulness or function of the Utility Line, and use (iv) shall be performed without cost or expense to the Owner or occupant 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]Lot.
Appears in 1 contract