Erosion. Any erosion repair will be for an additional charge at a price agreed upon by the parties prior to the performance of the repair.
Erosion. Erosion is caused where soil is exposed to water, wind, or ice. Erosion can be caused by removing vegetation, compacting or disturbing the soil, changing natural drainage patterns, and covering the ground with impermeable surfaces (buildings, pavement, or concrete), all of which are integral parts of typical construction projects. Erosion is a source of sediment in stormwater.
Erosion. Lessee shall refrain from acts, which have a tendency to cause soil erosion on the Property and, at its sole risk and expense, shall immediately take preventive measures to stop erosion if erosion begins to affect the Property. Lessee using proper materials, which will serve to enhance shoreline values, shall initiate shoreline protection measures. In the event that vegetative plantings will not adequately protect the shoreline, alternate protective measures shall consist of retaining walls, bulkheads or riprap. Plans and specifications shall be submitted to Lessor and will conform to acceptable standards as required by Lessor. Soil erosion which may occur as a result of run-off shall be corrected at the direction of Lessor. Further, Lessor shall not be responsible for providing maintenance excavation should accretion of sand, silt, soil, or other material affect the Property or access to the Property during the Term.
Erosion. Purchaser is advised that the Properties being purchased may be subject to coastal erosion and to federal, state, or local regulations that govern coastal property, including the delineation of the coastal construction control line, rigid coastal protection structures, beach nourishment, and the protection of marine turtles. Additional information can be obtained from the Florida Department of Environmental Protection, including whether there are significant erosion conditions associated with the shoreline of the Properties being purchased. To the extent applicable to the Properties, Purchaser hereby waives the right to obtain from any Seller an affidavit with respect to, or a survey meeting the requirements of Chapter 472 of the Florida Statues delineating, the location of the coastal construction control line on the Properties.
Erosion. Under Hawaii law, the beach in front of the Project belongs to the State and is not part of the Project. It is common for Hawaii beaches to be eroded due to ocean currents, waves, and other natural forces, and the beach in front of the Project has experienced such erosion over the years. This can change the Project boundaries and reduce the land area of the Project because the State owns the beach up to the high wash of the waves, which moves inland with erosion. After the removal of a wall or “groin” extending into the ocean from a neighbor’s property in response to a letter provided by the Hawaii Dept. of Land and Natural Resources in 2013, the beach in front of the Project has eroded by perhaps another twenty feet or more. This erosion has not damaged the improvements of the Project. The Board of Directors of the Association has been analyzing various short term and long term alternatives intended to deal with beach erosion, including but not limited to replacing the groin removed in 2013, constructing a seawall, beach nourishment, and so on. As of the date of issuance of the Public Report(s), the Association was considering a proposal by a consultant to seek the approvals necessary to construct a new groin to replace the groin that was removed in 2013, and for beach nourishment. This will entail seeking various federal and state approvals and may take a year or more to complete. To help offset the cost, the Developer will deposit $150,000 with the Association to cover a portion of the anticipated consultant’s fees and anticipated cost of constructing the groin. The Developer has not promised to pay any sum beyond this with the result that the Association would have to pay any further expenses, and this could entail an additional$125,000 or more. The Board of Directors of the Association has considered borrowing the funds required to pay the remainder of the costs although, as of the date of the Public Report(s), a decision had not yet been made. Even so, the Budget attached to the Public Report(s) assumes that the Association will obtain a loan, rather than pay cash for these expenses, and so the Budget includes the costs of the loan in the estimates of the Common Expenses. Although a new groin would be constructed for the purpose of preventing further erosion of the beach, the Developer makes no representations or warranties that the beach or the Project will not be affected by further erosion due to hurricane, tsunami, or other natural forces such as...