Common use of Maintenance Easement Clause in Contracts

Maintenance Easement. Parcel F Owner hereby declares and grants a non-exclusive easement (“Maintenance Easement”) appurtenant to the Golf Course Parcel for the lawful use by Golf Course Owner and the employees, licensees and invitees of Golf Course Owner over and across such portions of Parcel F that are not improved with vertical improvements (a) in order to provide access to the System and the drainage pipes and other drainage facilities that operate as part of the System (collectively, the “Drainage Facilities”), and those portions of Parcel F adjacent to the Drainage Facilities, for the purpose of maintenance and repair of the Drainage Facilities in the event Parcel F Owner does not maintain the Drainage Facilities as required pursuant to this Agreement, and (b) designated by Parcel F Owner and that provide reasonable access for the Golf Course Parcel maintenance equipment to traverse between holes 9 and 10 and holes 10 and 14 of the Island Course. The Maintenance Easement (i) shall continue in effect, in perpetuity, unless and until such Maintenance Easement is amended in accordance with Section 6.2 of this Agreement, (ii) shall be an easement appurtenant to the Golf Course Parcel, and (iii) is being granted on a non-exclusive basis. Parcel F Owner reserves all of its rights to use the Maintenance Easement, including, without limitation, the right to construct, maintain and use improvements over, across and under the Maintenance Easement. Notwithstanding the foregoing, such use of the Maintenance Easement shall not unreasonably interfere with the use of the Maintenance Easement by the Golf Course Owner. Golf Course Owner, at its sole cost and expense, shall obtain and maintain during the entire time this Agreement and the Maintenance Easement granted under this Agreement shall be in effect, a commercial general liability policy (occurrence form) (“GTA Insurance”) for personal injury, bodily injury and property damage occurring to or on the Maintenance Easement and/or Parcel F (except to the extent such personal injury, bodily injury or property damage arises as a result of any negligent acts or omissions or willful misconduct of Parcel F Owner or its guests and invitees) directly as a result of Golf Course Owner’s use of the Maintenance Easement, which policy shall name Parcel F Owner as an additional insured.

Maintenance Easement. Parcel F Owner Grantor hereby declares grants and grants conveys unto Grantee and the owners from time-to-time of the Grantee Property and their successors in title and assigns, a non-exclusive exclusive, perpetual easement (in, under, through and across the portions of the Grantor Property depicted as “Maintenance Easement”) appurtenant to the Golf Course Parcel for the lawful use by Golf Course Owner ” on Exhibit B attached hereto and the employees, licensees and invitees of Golf Course Owner over and across such portions of Parcel F that are not improved with vertical improvements (a) in order to provide access to the System and the drainage pipes and other drainage facilities that operate as part of the System more particularly described on Exhibit B–2 (collectively, the “Maintenance Easement Area”) for purposes of maintaining the Drainage FacilitiesFacilities and performing all activities for the Stormwater Easement (the “Maintenance Easement”), and those portions of Parcel F adjacent to the Drainage Facilitiesprovided, for the purpose of maintenance and repair of the Drainage Facilities that, in the event Parcel F Owner the course of such stream shall alter from time to time such that such stream shall no longer cross within or abut the Stormwater Easement Areas sufficient to permit drainage into such stream to the extent such capacity shall exist as of the date hereof, the boundaries of the Maintenance Easement Area shall be deemed to be extended as reasonably necessary to reasonably permit Grantee to have access of at least the same quality and character with respect to the Maintenance Easements existing on the date hereof to such extent so long as such extension shall not materially impair Grantor’s existing use and enjoyment of the Grantor Property. Grantor reserves the right from time to time to relocate the Maintenance Easement Area, provided that such action is taken at the sole cost and expense of Grantor, and provided that such action does not maintain adversely affect Grantee or the Drainage Facilities as required pursuant to this Agreement, and (b) designated by Parcel F Owner and that provide reasonable access for the Golf Course Parcel maintenance equipment to traverse between holes 9 and 10 and holes 10 and 14 of the Island CourseGrantee Property. The Maintenance Easement (i) shall continue in effect, in perpetuity, unless and until such Maintenance Easement is amended in accordance with Section 6.2 of this Agreement, (ii) shall be an easement appurtenant to for the Golf Course Parcel, use and (iii) is being granted on a non-exclusive basis. Parcel F Owner reserves all of its rights to use the Maintenance Easement, including, without limitation, the right to construct, maintain and use improvements over, across and under the Maintenance Easement. Notwithstanding the foregoing, such use benefit of the Maintenance Easement shall owners, tenants and other occupants from time-to-time of the Grantee Property. Except in the event of an emergency, Grantor will not unreasonably interfere with or obstruct the use of the Maintenance Easement by Grantee without the Golf Course Owner. Golf Course Owner, at its sole cost and expense, shall obtain and maintain during the entire time this Agreement and the Maintenance Easement granted under this Agreement shall be in effect, a commercial general liability policy (occurrence form) (“GTA Insurance”) for personal injury, bodily injury and property damage occurring to or on the Maintenance Easement and/or Parcel F (except to the extent such personal injury, bodily injury or property damage arises as a result prior consent of any negligent acts or omissions or willful misconduct of Parcel F Owner or its guests and invitees) directly as a result of Golf Course Owner’s use of the Maintenance EasementGrantee, which policy shall name Parcel F Owner as an additional insuredconsent Grantee may not unreasonably withhold, condition or delay.