Airspace Easement Sample Clauses

Airspace Easement. City, as the Owner of the Hayden House Parcel, hereby grants and conveys to the Owner of the Developer Parcel, for the use and benefit of the Owner of the Developer Parcel and its Permitted Users, a temporary nonexclusive airspace easement over the Hayden House Parcel to allow for the passage of a construction crane, mobile crane, other lifting device or hanging scaffolding over the Hayden House Parcel for the purpose of the construction of the initial improvements to be constructed on the Developer Parcel pursuant to the Development Agreement (the "Airspace Easement"). The Airspace Easement shall encompass the nonexclusive right in the airspace above the surface of Hayden House Parcel having the same boundaries as the Hayden House Parcel and extending from the surface upwards to the limits of the atmosphere of the earth. The Airspace Easement shall include the right to cause in all air space above the surface of Hayden House Parcel such noise, fumes, dust, fuel particles, and all other effects that may be caused or may have been caused by the operation of a construction crane, mobile crane, other lifting device or hanging scaffolding pursuant to all applicable governmental laws and regulations. The Airspace Easement, granted herein, shall be effective for a period beginning with the Recordation Date of the Development Agreement and ending the sooner of four (4) years thereafter or until a certificate of occupancy is issued for the initial improvement on the Developer Parcel