Grading Easement Sample Clauses
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Grading Easement. Piedmont hereby grants to ▇▇▇▇▇▇▇, and ▇▇▇▇▇▇▇’ successors and assigns, an exclusive grading easement (the “Grading Easement”) in, to, over, under, and across the portion of the Piedmont Property shown as the cross-hatched area in Exhibit “C” attached hereto and incorporated herein by reference (the “Grading Easement Area”), to provide ▇▇▇▇▇▇▇ access to the Grading Easement Area for the purpose of removing a natural berm located within the Grading Easement Area in accordance with a grading plan which shall be prepared by ▇▇▇▇▇▇▇ at its sole cost and expense and provided to Piedmont for its reasonable approval prior to the commencement of construction (the “Grading Plan”). Such approval shall occur within 15 business days of the receipt of the Grading Plan. ▇▇▇▇▇▇▇ will be responsible for all costs of permitting and construction related to the said berm removal and grading. The Grading Plan shall provide, among other things, that the graded elevation of the Grading Easement Area after removal of the berm shall be no higher than 1015 feet. Additionally, the Grading Plan will provide that the berm is removed and that the ▇▇▇▇▇▇▇ Property is graded to an extent that no retaining walls or any other slope maintenance facilities will be required on the Piedmont Property after the berm is removed and the grading is completed. ▇▇▇▇▇▇▇ shall have the right to all the dirt removed from the Grading Easement Area, and ▇▇▇▇▇▇▇ may use said dirt to level, balance, and grade the ▇▇▇▇▇▇▇ Property and/or the Grading Easement Area pursuant to the Grading Plan.
Grading Easement. VCTC hereby grants to Developer a non-exclusive easement appurtenant to the Phase 2 Property solely for the term set forth in Section 6 for the purpose of performing grading and compaction of fill by Developer upon the VCTC Property (“Grading Easement”) in the locations legally described and depicted on Exhibit F (the “Grading Easement Area”), in connection with Developer’s construction, installation, inspection, operation, use and maintenance of a sound wall barrier on the Phase 2 Property for the benefit of the Project and the Phase 2 Property. The initial grading and compaction of fill under the Grading Easement shall take place during the period set forth in Section 6. Provided that the compaction and fill are carried out during such time period, the Grading Easement includes the right of Developer and its successors and assigns to inspect, maintain, repair and replace such fill in connection with the maintenance, repair and replacement by Developer of the sound wall barrier. Developer and VCTC acknowledge and agree that the sound wall barrier itself must be entirely constructed on the Phase 2 Property and no portion of it may be located in the Grading Easement Area nor any other area of the VCTC Property. Developer shall conduct all grading and install the compacted fill in substantial conformity with the Approved Plans as summarized in Exhibit F-1 and approved by City, the County, VCTC and any other governmental agency with authority over the grading and compacted fill. Developer shall be solely responsible for carrying out the grading and installing the compacted fill in substantial conformity with the Approved Plans and in a good and safe condition. Under no circumstances shall VCTC be responsible for carrying out the grading or installing the compacted fill. Upon completion of the grading and installation of the compacted fill, Developer shall provide VCTC with a final compaction report within thirty (30) days. Prior to commencement of the Grading Work, Developer shall submit to VCTC a copy of all final Approved Plans, permits and authorizations, as applicable, from any governmental agency with approval authority over the Work and, if applicable, the Lessee and train operator. VCTC acknowledges that Developer intends to sell homes, and such sale may include sale of portions of the sound wall to individual Homeowners or to a Homeowners’ association. Alternatively, Developer may convey the sound wall to City or a City District upon completion. There...