Land Area. The ownership of the Project Site shall always remain vested with the Authority. The rights of the Concessionaire in the Project Site shall only be that of a Lessee as provided in this Agreement. It is clarified for the avoidance of doubt that title to the land shall vest exclusively with the Authority and the Concessionaire shall only have the right to develop and use the same in accordance with the provisions of this Agreement.
Land Area. The ownership of the Project Site and Port’s Assets shall always remain vested with the Authority. The rights of the Operator in the Project Site and Port’s Assets shall only be that of a bare licensee of such assets and the Operator shall neither assign, transfer, sublet, create any charge or Encumbrance, nor shall the Operator create or permit creation of any third party rights whatsoever, on whole or any part of the Port’s Assets or Project Site. Further, any such rights of the Operator shall always be subject to existing rights of way. It is expressly agreed that the Operator’s rights in the Project Site and/or the Port’s Assets shall cease without the need for any action to be taken by the Authority upon the termination of this Agreement for any reason whatsoever. The Operator shall not sub-license or sub-let the whole or any part of the Site and except as may be expressly set forth in this Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right of the Operator to appoint Contractors for the performance of its obligations hereunder including for operation and maintenance of all or any part of the Project.
Land Area. Except as otherwise provided in this Contract, the Concessionaire, at its sole cost and expense, shall maintain the Premises and the Premises’ improvements, in good condition and repair except as may be worn by normal wear, tear and use, and Landlord shall not have any responsibility therefore. For required maintenance and repairs conducted by Landlord, Concessionaire shall reimburse the Landlord for the labor, equipment, administration and materials expended to perform such work. Concessionaire shall keep the Premises clean and sanitary at all times. Concessionaire shall regularly inspect the Premises as necessary to protect the public from safety hazards, including “trip and fall” or slippery obstacles or conditions, faulty electrical wiring or connections (including unlawful use of extension cords, bare or broken and exposed wires, etc.) and the like. Concessionaire shall keep the area up to ten (10’) feet outside of the Premises’ perimeter clean of rubbish and litter. No offensive materials, debris, boat maintenance material, bait, inventory, engines of any kind, support equipment or refuse matter nor any substance constituting any unnecessary, unreasonable or unlawful fire hazard or material detrimental to the public health shall be permitted on or within ten (10) feet of the Premises. The Concessionaire shall remove graffiti from the Premises within twenty four (24) hours of discovery by Concessionaire or Landlord, at Concessionaire’s sole expense. Concessionaire shall contract directly with the local utilities to provide metered electrical and gas services to the Premises. Concessionaire shall be responsible for electrical conduits, conductors, grounding equipment, gas lines and all other associated devices downstream of the electric or gas meter serving the Premises. Concessionaire shall be responsible for all mechanical equipment, as well as ancillary connections to the equipment, including, but not limited to, electrical, gas and water, wastewater, other utility service, vents, drains, supporting structures and aesthetic architectural structures. Concessionaire shall be responsible for all sewer plumbing upstream of the final connection to Harbor District lateral forced main sewer pipe near the Premises. Concessionaire is responsible for any required grease traps that are installed and which shall be maintained by the Concessionaire. Concessionaire shall be responsible for all potable water plumbing and natural gas plumbing downstream of the resp...
Land Area. Operator shall lease a site at the Airport, in accordance with Section 1.09 of these Minimum Standards, of a size that will accommodate the proposed buildings, ramp, storage of aircraft, auto parking, and access to the Airports runway/taxiway system.
Land Area. Any proposed residential development in the City of Newburyport that is on a parcel of three (3) acres or more or on contiguous parcels totaling three (3) acres or more shall submit a special permit application to the planning board for an OSRD in accordance with the provisions of this section, which shall include an OSRD special permit (OSRD-SP) plan as described below. The applicant may also submit a preliminary conventional subdivision plan (CSP) at the same time in accordance with the rules and regulations governing the subdivision of land in the City of Newburyport. The planning board shall, in compliance with Massachusetts General Laws Chapter 40A, Section 9, hold a public hearing on the OSRD-SP application and a concurrent public hearing on the proposed CSP, if applicable. For subdivisions on less than three (3) acres in the R1, R2 and R3 districts an applicant may submit a special permit application for an OSRD in preference to filing a CSP. Any special permit application submitted under the provisions of this subsection that involves the subdivision of land shall also be subject to the approval of the planning board under the rules and regulations governing the subdivision of land in the City of Newburyport.