Grant of Access Easement. Grantor grants to Grantee and its Authorized Users, as determined below, a non-exclusive appurtenant easement (the "ACCESS EASEMENT") for the purposes of (a) maintaining and using a road for vehicular and pedestrian ingress and egress to, from, over, and across certain real property, (b) obtaining current and future utility services to the tower site, and (c) using approximately ten thousand (10,000) square feet("Ground Space") Surrounding the tower, located on the real property described in EXHIBIT A attached hereto and made a part hereof --------- (the "ACCESS EASEMENT PROPERTIES") for tile sole and exclusive purpose of accessing the communications towers owned by Grantee on the Access Easement Properties and licensing or otherwise granting access and the use of Ground Space to telecommunication users and/or providers. This Access Easement Agreement shall commence on the date hereof and continue for a term (hereinafter called the "Initial Term") of forty-nine (49) years ending on _________, _______, unless extended pursuant to the terms hereof Grantee has the option to renew this Access Easement Agreement at the end of the Initial Term for one (1) additional 50 year term (the "Renewal Term(s)"). Each Renewal Term option shall be deemed exercised unless Grantee advises Grantor prior to the expiration of the Initial Term (or Renewal Term, if applicable) that Grantee does not desire to renew this Access Easement Agreement. Grantee shall have the right to terminate its Access Easement for any particular Access Easement Property, thus discontinuing the related payments, upon six (6) months prior written notice to Grantor as long as (a) Grantor has stopped paying the monthly Base Fee in accordance with the termination provisions of that certain Tower Space License Agreement between Grantor and Grantee, for tile applicable tower site or (b) Grantor has given notice of termination to Grantee under the Tower Space License Agreement for the applicable tower site. If Grantee terminates the applicable Access Easement, Grantor may request that Grantee remove the tower structure on the applicable Access Easement Property within sixty (60) days of such request and Grantee shall comply with such request. If the tower structure has not been removed by the end of the six (6) month period, Grantee shall continue to pay Rent hereunder for the applicable Access Easement Property until the tower structure has been removed.
Appears in 1 contract
Grant of Access Easement. Grantor Grantor, on behalf of ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇’s successors and assigns, hereby grants and conveys to Grantee and its Authorized Users, as determined below, a perpetual non-exclusive appurtenant easement over, across, and through the drive aisles of the parking lot on Grantor’s Property (Exhibit A) solely for purposes of vehicular access to Grantee’s Property to and from an adjoining public street (the "ACCESS EASEMENT") “Access Easement Area”). Grantor reserves the right in its sole and absolute discretion to relocate, remove, or add to the number of ingress/egress points of access to and from a public street, and control, amend, alter, direct, or redirect the flow and direction of vehicular traffic and drive aisles on Grantor’s Property provided that, with the exception of what may currently exist at the execution of this Agreement, the revised Access Easement Area shall meet all applicable governing code requirements for legal drive aisles, the Access Easement Area shall maintain a minimum clear height of 12 feet and the revised Access Easement Area shall provide Grantee with functional access to Grantee’s Property. Grantor is responsible, at its sole cost and discretion, for the purposes maintenance, reconfiguration, repair, replacement and care (together “Work”) to the surface and subsurface of the Grantor’s property located within the Access Easement Area. The Grantor has full discretion and authority as to the type of surface, manner of repair, and manner of replacement of the surface and subsurface used or placed upon Grantor’s property, and all other aspects of any Work performed in the Access Easement Area. Grantee acknowledges that the Work may result in blocked access to the Access Easement Area for those periods of time reasonably required to accomplish the Work. Grantor will make all reasonable accommodations to protect, maintain and minimize interruption of access to the Grantee’s property while conducting its Work, including providing for an alternative route to the extent possible. Grantee shall reimburse Grantor for the reasonable cost to repair any damage to the Access Easement Area specifically caused by Grantee, its employees, contractors or agents. If Grantee fails to do so within ninety (a90) maintaining and using days of notice by Grantor, which shall include reasonable supporting documentation, the unpaid amount for such repair shall be secured by a road continuing consensual lien on the dominant estate for vehicular and pedestrian the benefit of Grantor. In exercising ▇▇▇▇▇▇▇’s right of ingress and egress to, from, over, across and across certain real property, (b) obtaining current and future utility services to the tower site, and (c) using approximately ten thousand (10,000) square feet("Ground Space") Surrounding the tower, located on the real property described in EXHIBIT A attached hereto and made a part hereof --------- (the "ACCESS EASEMENT PROPERTIES") for tile sole and exclusive purpose of accessing the communications towers owned by Grantee on through the Access Easement Properties Area, Grantee will make all reasonable accommodations to minimize interruption of and licensing or otherwise granting protect and maintain access and by the use of Ground Space to telecommunication users and/or providers. This Access Easement Agreement shall commence on public, if the date hereof and continue for a term (hereinafter called the "Initial Term") of forty-nine (49) years ending on _________, _______, unless extended pursuant Area is open to the terms hereof Grantee has the option to renew this Access Easement Agreement at the end of the Initial Term for one (1) additional 50 year term (the "Renewal Term(s)"). Each Renewal Term option shall be deemed exercised unless Grantee advises Grantor prior to the expiration of the Initial Term (or Renewal Term, if applicable) that Grantee does not desire to renew this Access Easement Agreementpublic. Grantee shall diligently remove or cause to have removed any obstructions to vehicular travel in the right to terminate its Access Easement for Area caused by Grantee or Grantee’s employees, contractors, agents, licensees, lessees, or guests (“Grantee’s guests” is defined as any particular Access Easement individual, or individuals living, visiting, or working in, at, or on Grantee’s Property, thus discontinuing the related payments, upon six (6) months prior written notice to Grantor as long as (a) Grantor has stopped paying the monthly Base Fee in accordance with the termination provisions of that certain Tower Space License Agreement between Grantor and Grantee, for tile applicable tower site or (b) Grantor has given notice of termination to Grantee under the Tower Space License Agreement for the applicable tower site. If Grantee terminates the applicable Access Easement, Grantor may request that Grantee remove the tower structure on the applicable Access Easement Property within sixty (60) days of such request and Grantee shall comply with such request. If the tower structure has not been removed by the end of the six (6) month period, Grantee shall continue to pay Rent hereunder for the applicable Access Easement Property until the tower structure has been removed).
Appears in 1 contract
Sources: Easement Agreement
Grant of Access Easement. (A) Grantor grants does hereby grant to Grantee Grantee, its successors and its Authorized Users, as determined belowassigns, a perpetual non-exclusive appurtenant easement (the "ACCESS EASEMENT") for the purposes of (a) maintaining and using a road for vehicular and pedestrian ingress and egress to, from, over, across and through the Access Easement Area, including over and across certain real propertythe paved road situated therein, (b) obtaining current and future utility services to the tower site, and (c) using approximately ten thousand (10,000) square feet("Ground Spaceas depicted on Exhibit ") Surrounding the tower, located on the real property described in EXHIBIT A C" attached hereto and made a part hereof --------- (the "ACCESS EASEMENT PROPERTIESAccess Easement Area") to and from Grantee's Parcel for tile sole access to and exclusive purpose of accessing the communications towers owned by Grantee on from State Route 14 also known as U.S. Highway 29. Said access shall include access across and through the Access Easement Properties Area for the benefit and licensing convenience of lessees, tenants, customers, invitees, licensees, agents and employees of all occupants of the building(s) constructed or otherwise granting access to be constructed on the Grantee's Parcel or any portion thereof, and at all times in common with Grantor, its respective successors and assigns, all tenants and licensees of the Grantor's Parcel or any part thereof, and its invitees, employees, and agents. The Access Basement Area may be varied from time to time by Grantor, with
(B) Notwithstanding any language contained herein to the contrary, Grantor shall be responsible for the maintenance of the existing paved road situated within the Access Easement Area, and shall keep the same in the condition and repair as other first class roads for commercial and retail developments in Fulton County, Georgia. Grantor shall use its best efforts to caus▇ ▇▇▇ Access Easement Area to be dedicated to the general public by the governmental entity having jurisdiction over such roadway within Ninety (90) days after execution of Ground Space to telecommunication users and/or providersthis Agreement. This access easement granted hereunder shall terminate upon the formal dedication of the Access Easement Agreement shall commence on the date hereof and continue for Area as a term (hereinafter called the "Initial Term") of forty-nine (49) years ending on _________, _______, unless extended pursuant to the terms hereof Grantee has the option to renew this Access Easement Agreement at the end of the Initial Term for one (1) additional 50 year term (the "Renewal Term(s)"). Each Renewal Term option shall be deemed exercised unless Grantee advises Grantor prior to the expiration of the Initial Term (or Renewal Term, if applicable) that Grantee does not desire to renew this Access Easement Agreement. Grantee shall have the right to terminate its Access Easement for any particular Access Easement Property, thus discontinuing the related payments, upon six (6) months prior written notice to Grantor as long as (a) Grantor has stopped paying the monthly Base Fee in accordance with the termination provisions of that certain Tower Space License Agreement between Grantor and Grantee, for tile applicable tower site or (b) Grantor has given notice of termination to Grantee under the Tower Space License Agreement for the applicable tower site. If Grantee terminates the applicable Access Easement, Grantor may request that Grantee remove the tower structure on the applicable Access Easement Property within sixty (60) days of such request and Grantee shall comply with such request. If the tower structure has not been removed public roadway maintained by the end of the six (6) month period, Grantee shall continue to pay Rent hereunder for the applicable Access Easement Property until the tower structure has been removedgovernmental entity having jurisdiction over such roadway.
Appears in 1 contract
Sources: Lease Agreement (Across America Real Estate Development Corp)