Common use of Public Use Interests Clause in Contracts

Public Use Interests. (a) Lessor hereby agrees to make land available for easements (hereinafter called "Public Use Interests") for roadways, access, utilities, and drainage over, under, upon and across such portions of the Parcel as are identified and requested from time to time by Lessee and are reasonably necessary. Such Public Use Interest may be perpetual easements, as required by pertinent governmental authorities or public utilities or Lessor and permitted by state law, and may, at Lessor's option survive cancellation or termination of this Lease and leasehold interest created pursuant hereto. (b) Before Lessor makes a Public Use Interest available, Lessee shall deliver a legal description of the pertinent portion of the Parcel demised herein, a completed Application for Right-of-Way and a notice describing the nature of the Public Use Interest required. (c) Easements requiring rights which transcend the rights granted herein, either in scope or in time, must be purchased at a price and in the manner required by Arizona law. (d) After notification and upon receiving full compensation for the Public Use Interest in the manner required by Arizona law, Lessor shall execute and deliver a patent or easement, as the case may be, in recordable form for the Public Use Interest to the purchaser of the Public Use Interest. The purchaser of the Public Use Interest, if other than the pertinent governmental authority or public utility, shall thereupon immediately dedicate the Public Use Interest to the pertinent governmental authority or public utility and record such Public Use Interest in the office of the Pinal County Recorder. Lessor shall also execute such other and further documents as may be required to fully implement the intent of this Paragraph; provided that, any other documents executed pursuant to this Paragraph shall not affect any real property other than that portion of the Parcel sold or leased for the Public Use Interest which is included in the Parcel demised herein.

Public Use Interests. (a) Lessor hereby agrees to make land available for easements (hereinafter called "Public Use Interests") for roadways, access, utilities, and drainage over, under, upon and across such portions of the Parcel as are identified and requested from time to time by Lessee and are reasonably necessary. Such Public Use Interest Interests may be perpetual easements, as required by pertinent governmental authorities or public utilities or Lessor and permitted by state law, and may, at Lessor's option survive cancellation or termination of this Lease and leasehold interest created pursuant hereto. (b) Before Lessor makes a Public Use Interest available, Lessee shall deliver a legal description of the pertinent portion of the Parcel demised herein, a completed Application for Right-of-Way and a notice describing the nature of the Public Use Interest required. (c) Easements requiring rights which transcend the rights granted herein, either in scope or in time, must be purchased at a price and in the manner required by Arizona law. (d) After notification and upon receiving full compensation for the Public Use Interest in the manner required by Arizona law, Lessor shall execute and deliver a patent or easement, as the case may be, in recordable form for the Public Use Interest to the purchaser of the Public Use Interest. The purchaser of the Public Use Interest, if other than the pertinent governmental authority or public utility, shall thereupon immediately dedicate the Public Use Interest to the pertinent governmental authority or public utility and record such Public Use Interest in the office of the Pinal Maricopa County Recorder. Lessor shall also execute such other and further documents as may be required to fully implement the intent of this Paragraph; provided that, any other documents executed pursuant to this Paragraph shall not affect any real property other than that portion of the Parcel sold or leased for the Public Use Interest which is included in the Parcel demised herein.