ODOT Easement Sample Clauses

ODOT Easement. Developers agree to grant to the State of Ohio and/or the Ohio Department of Transportation, at no charge and on terms that are reasonably acceptable to Developers, as the current owner(s) of Delaware County Auditor Parcel Number 41723001015000 (the “ODOT Parcel”, as generally identified in Exhibit B), as set forth in a written agreement (the “ODOT Access Easement Agreement”) that shall be recorded by the owner of the ODOT Parcel with the Recorder, a non-exclusive temporary 30-foot wide easement (the “ODOT Access Easement”) for purposes of vehicular ingress and egress between the ODOT Parcel and Fourwinds Drive. The ODOT Access Easement shall be located within a general area (the “ODOT Access Easement Area”) which is identified as the ODOT Access Easement Area in Exhibit B. The ODOT Access Easement Agreement shall provide: (i) that the owner of the ODOT Parcel shall be solely responsible for constructing, maintaining, repairing, and replacing (at no cost or expense to Developers or Sunbury) any pavement or other necessary or desirable improvements within the ODOT Access Easement Area in order to provide for a means of vehicular ingress and egress; (ii) that the ODOT Access Easement shall terminate automatically at such time as the ODOT Parcel is transferred or conveyed to a third-party private person or entity or at such time as both (A) a portion of Fourwinds Drive consisting of at least 2 driving lanes is constructed and open for public use within the ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇ ROW to a point that is adjacent to the eastern terminus of the West Public Street ROW, and (B) pavement and other necessary improvements to provide for a means of vehicular ingress and egress between such public street and the public street known as 3 Bs and K Road have been installed within the West Public Street ROW so that they are operational; and (iii) such other reasonable or customary terms which are typically provided in such an agreement. The ODOT Access Easement Agreement shall further provide that upon its termination the owner of the ODOT Parcel shall be required to remove all improvements within the ODOT Access Easement Area and restore said real property to a grassed condition, free of all improvements and debris. The failure of Developers and the owner of the ODOT Parcel to execute and/or record the ODOT Access Easement Agreement shall not be deemed to be a default under or breach of this Agreement by Developers.