Right of Relocation. Grantor, at its expense, shall have the right from time to time to relocate or reconfigure all or any portion of the Easement Area and/or Facilities as it deems necessary so long as such relocation or reconfiguration does not interfere with or disrupt ▇▇▇▇▇▇▇’s stormwater discharge from the City Property. During the term of this Agreement, Grantee hereby consents to any relocation or reconfiguration of the Easement Area and/or Facilities (either in whole or in part) proposed by Grantor; provided that (i) the Easement Area and/or Facilities (or portions thereof), as so relocated or reconfigured, shall provide Grantee with substantially the same size, quality and capacity of drainage rights as existed prior to such relocation or reconfiguration, (ii) Grantor shall pay for any expenses incurred in the relocation or reconfiguration of the Easement Area and/or Facilities (either in whole or in part) in compliance with all governmental permits, approvals, and requirements, (iii) Grantee shall not be required to relocate or reconfigure or modify any part of the drainage system or connection points from the City Property unless Grantor shall pay for any such relocation, reconfiguration or modification, and (iv) Grantor shall deliver to Grantee an amendment to this Agreement together with a legal description for the relocated Easement Area and/or Facilities (either in whole or in part), as applicable. After execution of such amendment the rights of Grantee shall automatically extend and fully apply to such relocated easement area to the same extent as they applied prior to such relocation or reconfiguration of the Easement Area and/or Facilities, and subject to all of the conditions for relocation or reconfiguration being satisfied, the rights of Grantee as to the relocated or reconfigured Easement Area and/or Facilities (either in whole or in part) shall be released and immediately revert to the Grantor, its successors, transferees and assigns.
Appears in 1 contract
Sources: Drainage Easement Agreement
Right of Relocation. Grantor, at its expense, shall have the right from time to time to relocate or reconfigure all or any portion of the Drainage Easement Area and/or Facilities Parcel as it deems necessary so long as such relocation or reconfiguration does not interfere with or disrupt ▇▇▇▇▇▇▇’s the stormwater discharge from the City LN DAS Property. During the term of this Agreement, Grantee hereby consents to any relocation or reconfiguration of the Drainage Easement Area and/or Facilities Parcel (either in whole or in part) proposed by Grantor; provided that (i) the Drainage Easement Area and/or Facilities Parcel (or portions portion thereof), as so relocated or reconfigured, shall provide Grantee the LN DAS Property with substantially the same size, quality and capacity of drainage rights as existed prior to such relocation or reconfiguration, (ii) Grantor shall pay for any expenses incurred in the relocation or reconfiguration of the Drainage Easement Area and/or Facilities Parcel (either in whole or in part) in compliance with all governmental permits, approvals, and requirements, and (iii) Grantee shall not be required to relocate or reconfigure or modify any part of the drainage system or connection points from the City Property unless Grantor shall pay for any such relocation, reconfiguration or modification, and (iv) Grantor shall deliver to Grantee an amendment to this Agreement in a form reasonably satisfactory to Grantee together with a legal description for the relocated Drainage Easement Area and/or Facilities Parcel (either in whole or in part), as applicable. After execution of such amendment amendment, the rights and obligations of Grantor and Grantee shall automatically extend and fully apply to such relocated easement area Drainage Easement Parcel to the same extent as they applied prior to such relocation or reconfiguration reconfiguration, and the rights and obligations of Grantor and Grantee to any portion of the Drainage Easement Area and/or Facilities, and subject to all of the conditions for Parcel not included in such relocation or reconfiguration being satisfied, the rights of Grantee as to the relocated or reconfigured Easement Area and/or Facilities (either in whole or in part) shall be released and immediately revert to the Grantor, its successors, transferees and assignsfee simple owner of such real property.
Appears in 1 contract
Sources: Drainage Easement Agreement