Resolution 5871 - Laserfiche WebLink

3.7 City Work Temporary Construction Easement The Parties acknowledge that the City will require a temporary construction easement (the "City Work Easement") at Closing for the purpose of allowing the construction and installation of the City Work (described below). The City Work Easement shall be in a form that is mutually and reasonably acceptable to OM and the City, and shall allow the City and its agents, representatives, contractors and suppliers to have access to the City Property, following Closing, without charge or fees, for the purposes described herein, and OM shall grant and allow the City Work Easement to be recorded at Closing. 3.8 41st Street Overpass Easement The Parties also acknowledge that the City has constructed a railroad overcrossing and related improvements on a portion of the City Property as and where generally shown on the Property Map and will require, notwithstanding the description of the City Property in Exhibit A, either the retention or reconveyance of the underlying fee interest or an easement (the "41st Street Overpass Easement") at Closing to allow the City to continue to use, maintain and repair the overpass and related improvements. If an Overpass Easement is required, it shall be in a form that is mutually and reasonably acceptable to both OM and the City. The 41st Street Overpass Easement shall allow the public and the City and its agents, representatives, contractors and suppliers to use, repair and maintain the overpass and related improvements, and OM shall grant and allow the 41st Street Overpass Easement to be recorded at Closing. 3.9 Existing Utility Easements The Parties acknowledge that the City will require at Closing easements for the existing water sewer and drainage lines that are located on 36th Street and that continue north across the Mill Site together with easements for the monitoring wells, leachate collection system and existing gas collection system on the Landfill Site (the "Utility Easements"). The Utility Easements shall include drawings showing the locations of such facilities, shall permit the relocation of such utilities at OM's sole cost and expense provided such relocations do not impair the functionality of the utilities and are otherwise reasonably acceptable to the City and shall otherwise be in a form that is mutually and reasonably acceptable to both OM and the City. The City will reserve or OM shall grant and record the Utility Easements at Closing, without charge or fees, to allow the continued use, maintenance and repair of such facilities and reasonable rights of access thereto. 3.10 Pedestrian Easements The Parties acknowledge that the City will require at Closing two pedestrian easements, one in the vicinity of 36th Street and the other in the vicinity of Lowell Park (the "Pedestrian Easements"). The City will reserve or OM shall grant and record the Pedestrian Easements at Closing, without charge or fees, to allow for the construction, public use, maintenance and repair of the overcross and reasonable rights of access thereto. The Pedestrian Easements shall be in a form that is mutually and reasonably acceptable to both OM and the City. -8- 06107-0063/LEGAL13023969.1