|
equipment. Upon Grantee's written request, which shall be made thirty (30) business days in advance of
<br /> Grantee's proposed construction or modification of any Improvements, Grantor will provide to Grantee any
<br /> information that Grantor has in the possession of its Engineering Department concerning the existence and
<br /> approximate location of Grantor's underground utilities and pipelines at or near the vicinity of any proposed
<br /> Improvements. Prior to conducting any boring work, Grantee, and Grantee's Contractors, shall review all such
<br /> material. Grantor does not warrant the accuracy or completeness of information relating to subsurface
<br /> conditions and Grantee's, and Grantee's Contractors', operations at all times shall be subject to the liability
<br /> provisions set forth herein. For all bores greater than 20 inches in diameter and at a depth less than ten (10)
<br /> feet below the bottom of a rail, Grantee, and Grantee's Contractors, shall perform a soil investigation which must
<br /> be reviewed by Grantor prior to construction. This study is to determine if granular material is present, and to
<br /> prevent subsidence during the installation process. If the investigation determines in Grantor's reasonable
<br /> opinion that granular material is present, Grantor may select a new location for Grantee's use, or may require
<br /> Grantee, and Grantee's Contractors, to furnish for Grantor's review and approval, in Grantor's sole discretion, a
<br /> remedial plan to deal with the granular material. Once Grantor has approved any such remedial plan in writing,
<br /> Grantee, and Grantee's Contractors, at Grantee's sole cost, shall carry out the approved plan in accordance with
<br /> all terms thereof and hereof. Any open hole, boring or well constructed on the Premises by Grantee, or
<br /> Grantee's Contractors, shall be safely covered and secured at all times when anyone who is not creating it,
<br /> working in it or using it as permitted hereunder is present in the actual vicinity thereof. Following completion of
<br /> that portion of the work, all holes or borings constructed on the Premises shall be promptly filled in by Grantee
<br /> and Grantee's Contractors to surrounding ground level with compacted bentonite grout, or otherwise secured or
<br /> retired in accordance with any applicable Laws. No excavated materials may remain on Grantor's rail corridor or
<br /> property for more than ten (10)days, and must be properly disposed of by Grantee and Grantee's Contractors in
<br /> accordance with applicable Laws.
<br /> 6.10 Drainage of Premises and Property. Any and all cuts and fills, excavations or embankments
<br /> necessary in the construction, maintenance, or future alteration of the Premises shall be made and maintained
<br /> by Grantee in such manner, form and to the extent as will provide adequate drainage of and from the Premises
<br /> and Grantor's adjoining right of way; and wherever any such fill or embankment shall or may obstruct the natural
<br /> and pre-existing drainage from the Premises and Grantor's adjoining right of way, Grantee shall construct and
<br /> maintain such culverts or drains within the Premises as may be requisite to preserve such natural and pre-
<br /> existing drainage. Grantee shall wherever necessary, construct extensions of existing drains, culverts or ditches
<br /> through or along the Property, such extensions to be of adequate sectional dimensions to preserve flowage of
<br /> drainage or other waters, and/or material and workmanship equally as good as those now existing.
<br /> 6.11 Taxes and Recording Fees. Grantee shall pay when due any taxes, assessments or other
<br /> charges (collectively, "Taxes") levied or assessed upon the Improvements by any governmental or quasi-
<br /> governmental body or any Taxes levied or assessed against Grantor or the Premises that are attributable to the
<br /> Improvements. Grantee agrees to purchase, affix and cancel any and all documentary stamps in the amount
<br /> prescribed by statute, and to pay any and all required transfer taxes, excise taxes and any and all fees
<br /> incidental to recordation of the Memorandum of Easement. In the event of Grantee's failure to do so, if Grantor
<br /> shall become obligated to do so, Grantee shall be liable for all costs, expenses and judgments to or against
<br /> Grantor, including all of Grantor's legal fees and expenses.
<br /> 6.12 Modification, Relocation or Removal of Improvements. If at any time, Grantor desires the use of
<br /> its rail corridor in such a manner that, in Grantor's reasonable opinion, would be interfered with by any portion of
<br /> any Improvements or the Easement, Grantee, at Grantee's sole cost, shall make such changes in the
<br /> Improvements and/or Premises that, in the sole discretion of Grantor, are necessary to avoid interference with
<br /> the proposed use of Grantor's property, including, without limitation, Grantee relocating or removing all or a
<br /> portion of the Improvements from the Premises. Grantor acknowledges that, in some instances, Improvements
<br /> will not need to be moved or removed from the Premises, but can be protected in place, subject to approval by
<br /> Grantor's engineering department. Where it is practicable to do so, Grantor shall provide to Grantee at least
<br /> one hundred twenty (120) days prior written notice that Improvements must be modified, removed or relocated,
<br /> and in circumstances where one hundred twenty (120) days notice is not practicable, Grantor shall provide to
<br /> Grantee as much notice as it reasonably can, and in no case less than twenty (20) days prior written notice.
<br /> Grantee shall ensure that all Improvements are modified, removed or relocated as required on or before the
<br /> date set forth in Grantor's written notice.
<br /> Form 701;Rev. 02/12/10
<br /> 5
<br />
|