Common use of Improvements Maintenance and Repair Clause in Contracts

Improvements Maintenance and Repair. i. Grantor will make the initial Improvements on the Easement Area, including arranging for the initial installation of the seasonal Toilet and Trash Receptacle in the Easement Area during the first Season of Use. Any maintenance, repair, reconstruction or reinstallation of the Improvements shall be the responsibility of Grantee, including removing, or arranging for the removal of, the seasonal Toilet and Trash Receptacle at the end of each Season of Use and reinstallation of the seasonal Toilet and Trash Receptacle at the beginning of each subsequent Season of Use. All plans for reconstruction or reinstallation of Improvements by Grantee (other than the annual placement of the seasonal Toilet and Trash Receptacle in the Easement Area) shall require the approval in writing by Grantor in advance of any construction. Any plans for reconstruction or reinstallation by Grantee shall not expand the Improvements. Grantor’s approval of such plans shall not be unreasonably withheld, conditioned, or delayed, but Grantor shall have a reasonable period of time to review and consider any such approval. No improvements other than the Improvements are permitted. ii. Grantee shall, at all times, keep the Easement Area, including the Improvements, in good maintenance and repair and in a safe and clean condition. Grantee shall be responsible for maintaining and repairing the Easement Area, including the Improvements, at ▇▇▇▇▇▇▇’s sole cost and expense. Grantee, at its expense, shall provide for periodic service of the Toilet and the Trash Receptacle so as to keep the Easement Area free of trash, litter and debris. If at any time Grantor determines that the Easement Area or the Improvements require maintenance or repair, Grantor may, but is not obligated to notify Grantee of such conditions in writing. If Grantee does not act to address such conditions within fifteen (15) days, Grantor may proceed to address such conditions, and Grantee shall reimburse Grantor for the actual costs and expenses incurred by Grantor to address such conditions. Where Grantee is required to reimburse Grantor under this Section, Grantee may use funds from the endowment known at the Blue Valley Land Exchange Recreation Design Features O&M Fund for costs that Grantor incurred, as more fully set forth in that certain Design Features Implementation Agreement.

Improvements Maintenance and Repair. i. Grantor will make the initial Improvements on the Easement Area, including arranging for the initial installation of the seasonal Toilet and Trash Receptacle in the Easement Area during the first Season of Use. Any maintenance, repair, reconstruction or reinstallation of the Improvements shall be the responsibility of Grantee. All plans for reconstruction or reinstallation of Improvements by Grantee (other than the annual placement of the seasonal Toilet and Trash Receptacle on the Easement Area) shall require the approval in writing by Grantor in advance of any construction. Grantor will arrange for the initial installation of the seasonal Toilet and Trash Receptacle on the Easement Area during the first Season of Use, including removingbut Grantee shall remove, or arranging arrange for the removal of, the seasonal Toilet and Trash Receptacle at the end of each Season of Use and reinstallation of the seasonal Toilet and Trash Receptacle at the beginning of each subsequent Season of Use. All plans for reconstruction or reinstallation of Improvements by Grantee (other than the annual placement of the seasonal Toilet and Trash Receptacle in the Easement Area) shall require the approval in writing by Grantor in advance of any construction. Any plans for reconstruction or reinstallation by Grantee shall not expand the Improvements. Grantor’s approval of such plans shall not be unreasonably withheld, conditioned, or delayed, but Grantor shall have a reasonable period of time to review and consider any such approval. No other improvements other than the Improvements are permitted. ii. Grantee shall, at all times, keep the Easement Area, including the Improvements, in good maintenance and repair and in a safe and clean condition. Grantee shall be responsible for maintaining and repairing the Easement Area, including the Improvements, at ▇▇▇▇▇▇▇’s sole cost and expense. Grantee, at its expense, shall provide for periodic service of the Toilet and the Trash Receptacle so as to keep the Easement Area free of trash, litter and debris. If at any time Grantor determines that the Easement Area or the Improvements require maintenance or repair, Grantor may, but is not obligated to notify Grantee of such conditions in writing. If Grantee does not act to address such conditions within fifteen (15) days, Grantor may proceed to address such conditions, and Grantee shall reimburse Grantor for the actual costs and expenses incurred by Grantor to address such conditions. Where Grantee is required to reimburse Grantor under this Section, Grantee may use funds from the endowment known at as the Blue Valley Land Exchange Recreation Design Features O&M Fund for costs that Grantor incurred, as more fully set forth in that certain Design Features Implementation Agreement.