Subdivision. (a) Landlord is in the process of subdividing portions of its land for subdivisions and Planned Residential Developments (hereinafter referred to as “Subdivisions”) some of which are part of the land which is being leased herein, and part of it is other lands adjoining the Property being leased herein to Tenant. Tenant acknowledges that there are Subdivisions being prepared by Landlord and/or are in the process of having infrastructure installed or erected on the Property for said Subdivisions. Further, Tenant acknowledges that the Landlord or its affiliates may be the builder of some of the homes and/or buildings to be constructed in said Subdivisions and may have non-affiliated companies or individuals purchase lots and build homes and/or other structures in said Subdivisions. Further, Tenant acknowledges that there are numerous water, sewer, storm water, utilities and other easements associated with said Subdivisions that cross or will cross the Property being leased to Tenant. Tenant acknowledges that they have reviewed Landlord's development plans and conceptual plans for ▇▇▇▇ Frost National Golf Course, ▇▇▇▇ ▇▇▇▇▇ Golf Course PRD, ▇▇▇▇ Frost Ski PRD, Boulder Lake Village Subdivision, Lake Shore Subdivision, Round Pond Subdivision, Pheasant Run and Slope Side Subdivision and agrees that said plans and developments do not interfere with Tenant's ski operations. Therefore, Tenant agrees as follows: (1) Landlord shall have the right and easements at any time during the term of this Lease, or any extensions thereof, to enter the Property being leased to Tenant and to have ingress, egress and regress for the purposes of access or construction of any structures, improvements, roads, utilities, storm water facilities or other subdivision or PRD improvements to be erected in, or under the Property for the Subdivisions of Landlord or any future Subdivisions developed whether adjacent to the Property or not and to install the infrastructure or have others install the infrastructure for the benefit of said Subdivisions, provided that such location or use of the easement does not interfere with Tenant’s operation of a ski facility. (2) Landlord shall have the right to install upon the Property being leased to Tenant water, sewer, and utility lines and storm water controls for the purposes of the benefit of said Subdivisions. The expense for the construction of said water lines, sewer lines, utility lines, and storm water controls shall be the responsibility of Landlord provided that such location does not interfere with Tenant’s operation of a ski facility. (3) Landlord shall have the right to erect upon the Property being leased to Tenant any water towers, wells, storm water controls, water lines, sewer lines, which structures or equipment may permanently reside on or under the Property leased to Tenant, provided that such location does not interfere with Tenant’s operation of a ski facility. Landlord hereby reserves for itself, its customers, tenants, subtenants, licensees, grantees, successors and assigns, for the length of this lease or any renewal thereof, an easement for the withdrawal of water from the ▇▇▇▇▇ now located on the Property or to be installed on the Property leased to Tenant or which in the future may be located on the Property. (4) Tenant agrees that all restrictions and requirements for all Subdivisions as imposed by ▇▇▇▇▇▇ Township, Pennsylvania Department of Environmental Protection, Carbon County Planning Commission, Delaware River Basin Commission, or any other federal, state or local governmental agency necessary for the completion, erection, or installation of improvements or structures within said Subdivisions which are a burden on the Property leased to Tenant shall be permitted by Tenant to be installed, erected or placed upon the Property being leased to Tenant, all of which shall be at the cost of Landlord. (5) Tenant shall not interfere with the installation, erection, placement, use, repair, maintenance or replacement of any of the aforesaid structures, equipment, water lines, sewer lines, utility lines, storm water controls, by Landlord on the Property, provided that such installation, erection, placement, use, repair, maintenance or replacement does not interfere with the Tenant’s operation of a ski facility. (6) Landlord shall have the right to construct access area (paths, walkways, ski paths, alleyways, cart path, ski runs, etc.) from its Subdivisions across, through and over the Property leased to Tenant some of which are to provide access to the Tenant’s Buildings and ski slopes, all of which access areas shall be maintained by Tenant. The location of such access areas shall be mutually agreed upon by Landlord and Tenant. The cost for construction of these access areas shall be paid by Landlord or their successors or assigns. All liability for these access areas after construction by Landlord shall be borne solely by Tenant. Tenant shall be responsible for snow-making for the access points to the Ski Area from the subdivisions during ski season to permit the residents of Landlord's developments to ski on and off the access ways from their developments for the portion of the access way on the Leased Premises, provided, however, Tenant shall only be obligated to use the then existing snow making equipment and shall be under no obligation to purchase additional snow making equipment for this purpose. (7) A portion of the Leased Premises, as shown on Exhibit "O" (the "Boulder Lake Village PRD Area"), is intended by Landlord to be a portion of the Boulder Lake Village PRD project being developed by Landlord. That project will include one or more condominiums and planned communities. Landlord shall have the right to create such projects and condominiums communities and planned communities and to include the PRD Area as part of such community or communities. Landlord may cause the PRD Area to be one or more units (or a portion thereof) of such communities, ownership of which unit shall initially remain in Landlord. When such communities are created, if required by Landlord, Tenant shall execute an amendment to this Lease confirming that the PRD Area that is a portion of the Leased Premises shall be such unit. Tenant shall cause its liability insurance policies, as described in Paragraph 6 (a), to name, in addition to Landlord, the applicable condominium and homeowners' associations as additional insureds, and Tenant shall indemnify and hold harmless Landlord and those associations for any claims or damages resulting from Tenant's operations, whether or not insured. (b) Tenant shall have the right to remove water from ponds or streams on the Property for the purposes only of making snow subject to all federal, state and local governmental rules and regulations including Delaware River Basin Commission . (c) Landlord, their successors or assigns, shall have the right to provide treated water from Landlord’s sewage treatment plant for snow making to Tenant who shall accept such treated water and utilize it for snow making purposes. (d) All ▇▇▇▇▇ on the Leased Premises shall remain the property of Landlord for Landlord's use. Upon central water being available to Tenant, Tenant shall connect to said central water system at Tenant's sole cost and expense. Until such central water system is available for Tenant's hookup Tenant shall use the existing ▇▇▇▇▇ for drinking water. (e) A pump house exists on the property of Landlord. The pump house provides pumps for water removal for snow-making for the Leased Premises. The Tenant shall maintain its own pumps for water removal and its own electric meter for the pumps. Tenant shall be solely responsible for the repair, replacement and maintenance of all water lines on the Property, whether used by Tenant or Landlord, or its subsidiaries, affiliates or assigns, unless it is caused by Landlord, or its affiliates, negligence. Tenant shall also be solely responsible for the repair, replacement and maintenance of the pump house. Tenant shall be solely responsible for obtaining and preparing all information necessary for all reports to be submitted pertaining to water withdrawal from Big Boulder Lake or any other water source. (f) Landlord, its agents, successors or assigns, shall have full access to any water lines or water pumps on the Property leased to Tenant at any time. (g) Landlord reserves an unlimited easement or right of access on the Property to lay, re-lay, install, inspect, operate, maintain, repair, alter, remove, renew, replace, add and keep any water or sewer lines in, over, under, upon and across the Property for the benefit of Landlord and adjacent landowners and Subdivisions, provided that these encumbrances do not interfere with the Tenant’s operation of a ski facility. (h) Some of the current parking for the Leased Property is on lands of the Landlord or future Planned Communities or Condominium Projects. Tenant shall have the right to utilize those parking areas designated by Landlord until such time as Landlord notifies Tenant not to utilize such parking areas. Tenant shall be responsible to insure, repair and maintain such parking areas on the property of Landlord. All new areas for parking for Tenant on Tenant’s Leased Property shall be Tenant’s responsibility to repair, insure and maintain. Landlord shall, at no cost to Landlord, its licensees, tenants, guests or assigns, have the right, during non-ski season periods, to utilize the parking areas of Tenant. Tenant acknowledges and agrees that Landlord, for itself, its grantees, successors or assigns shall have an easement and a right to access, create, erect, improve, and install roadways through the existing parking areas of the Big Boulder Ski Resort to provide access and use to its Lake Shore development, Slope Side development and other future developments now or when such developments are created. Landlord shall not be responsible for replacing any parking spaces or parking areas currently in existence as a result of the creation, installation, improvement or erection of such roadways. Landlord shall further have full authority to install, at its expense, all traffic control devices as required by ▇▇▇▇▇▇ Township or any other governmental agency or as determined by Landlord to direct or control traffic on the said streets or through the parking lots on the Property. (i) The term “road” or “roadways” utilized anywhere in this Lease shall include any storm water facilities associated with the construction of said roads or roadways and any traffic control devices or signs on or for said roads or roadways. (j) All roadways, whether existing now or created, erected or installed in the future within the Leased Premises shall be for use by the public or by the residents of any development and shall be repaired, replaced, and maintained by Tenant including snow removal and anti-skid materials. The cost of the repair, maintenance and snow removal shall be shared between Tenant and any future subdivisions in accordance with Road Maintenance Agreements to be agreed upon between the parties. The current percentage of Tenant's responsibility is sixty-five percent (65%) of the costs. (1) All permits for the withdrawal of water for snow-making purposes shall remain with Landlord. Tenant shall be responsible to reimburse Landlord for all labor, employee benefits, materials, permit fees, supplies or other costs and expenses required to monitor and submit the necessary reports for the water withdrawal permits. Tenant shall provide all information and monitoring of water withdrawal required by Landlord to maintain said permits. (2) Tenant shall read elapsed time meters daily at the same time each and every day, and shall inspect the monitoring pipe, and make sure that it is full. If it is not full, Tenant shall cease snow-making and all water withdrawals. Tenant shall provide all documentation requested by Landlord regarding water monitoring and water withdrawals. Landlord does not guarantee the availability of water for snow making. (l) Throughout the Leased Premises are non-public access roads. Tenant shall repair and maintain all said access roads on the Leased Premises including snow removal. Landlord, at anytime, shall have full rights on ingress, egress and regress over, upon and through said access roads. No access road shall be terminated or blocked without Landlord's prior written permission which may be withheld at its sole discretion. (m) Tenant acknowledges that Tenant has reviewed the existing Mt. Union cell tower lease and Tenant agrees to be responsible for all lease payments due Mt. Union. (n) Landlord reserves the right at any time and from time to time to remove, relocate, or demolish existing facilities including but not limited to underground storage tanks, buildings, garages, concrete pads, parking areas, or existing equipment attach to a building or inground. Landlord shall restore or replace such equipment, buildings or facilities on the Leased Premises or shall provide additional area adjacent to the Leased Premises to the Tenant in size or value to that which is removed. Any buildings that are removed or demolished shall be replaced with buildings of a similar value except that Landlord shall have the unrestricted right without the requirement of replacement or reimbursement, to demolish the flightline building. Further, if Landlord shall decide to remove or demolish the Maintenance and Ski Patrol Building on the Property then Landlord shall pay to Tenant $500,000.00, as adjusted by the percentage of increase in the CPI in effect as of the date of this Agreement and the first day of the month in which Landlord demolishes the Maintenance and Ski Patrol Building, which shall compensate Tenant for all costs for a new building, moving expenses, equipment, survey, land development costs, engineering fees, attorneys fees, and all other costs and expenses associated in any way with Landlord taking and demolishing of the Maintenance and Ski Patrol Buildings. Landlord shall be responsible for obtaining the land development approvals. The costs, fee and expenses incurred by Landlord including legal and engineering fees for obtaining said approvals shall be deducted by Landlord from the amount due Tenant above. (o) Further, Landlord reserves the right at any time and from time to time to provide landscaping or screening including the erection of fences, barriers, earthen or other type of mounds to screen any structure, facility or equipment of Tenant at any location on the Leased Premises. (p) Tenant's heavy equipment (over 20 tons), construction equipment or groomers shall not be permitted to enter upon any entrance road to any development of Landlord's or upon Big Boulder Drive except for snow removal. (q) Tenant shall be solely responsible for the removal of sediment in Big Boulder Lake adjacent to Tenant's parking area. Removal of the sediment shall be done on at lease an annual basis. Tenant shall also be responsible for controlling water runoff through its parking lots to control water quality and water runoff into Big Boulder Lake.
Appears in 1 contract
Subdivision. (a) Landlord is in the process of subdividing portions of its land for subdivisions and Planned Residential Developments (hereinafter referred to as “Subdivisions”) some of which are part of the land which is being leased herein, and part of it is other lands adjoining the Property being leased herein to Tenant. Tenant acknowledges that there are Subdivisions being prepared by Landlord and/or are in the process of having infrastructure installed or erected on the Property for said Subdivisions. Further, Tenant acknowledges The parties acknowledge that the Landlord or its affiliates may be Plants To Be Sold and the builder of some of Plant Sites are the homes and/or buildings to be constructed in said Subdivisions and may have non-affiliated companies or individuals purchase lots and build homes and/or other structures in said Subdivisions. Further, Tenant acknowledges that there are numerous water, sewer, storm water, utilities and other easements associated with said Subdivisions that cross or will cross the Property being leased to Tenant. Tenant acknowledges that they have reviewed Landlord's development plans and conceptual plans for Concrete Batch Plant located at ▇▇▇ ▇▇▇▇ Frost National Golf Course▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ (the "Batch Plant") and the Aggregate Crushing and Screening Plant and Batch Plant located at ▇▇▇▇ ▇▇▇▇▇ Golf Course PRD▇▇ ▇▇▇▇, ▇▇▇▇ Frost Ski PRD, Boulder Lake Village Subdivision, Lake Shore Subdivision, Round Pond Subdivision, Pheasant Run and Slope Side Subdivision and agrees that said plans and developments do not interfere with Tenant's ski operations. Therefore, Tenant agrees as follows:
(1) Landlord shall have the right and easements at any time during the term of this Lease, or any extensions thereof, to enter the Property being leased to Tenant and to have ingress, egress and regress for the purposes of access or construction of any structures, improvements, roads, utilities, storm water facilities or other subdivision or PRD improvements to be erected in, or under the Property for the Subdivisions of Landlord or any future Subdivisions developed whether adjacent to the Property or not and to install the infrastructure or have others install the infrastructure for the benefit of said Subdivisions, provided that such location or use of the easement does not interfere with Tenant’s operation of a ski facility.
(2) Landlord shall have the right to install upon the Property being leased to Tenant water, sewer, and utility lines and storm water controls for the purposes of the benefit of said Subdivisions. The expense for the construction of said water lines, sewer lines, utility lines, and storm water controls shall be the responsibility of Landlord provided that such location does not interfere with Tenant’s operation of a ski facility.
(3) Landlord shall have the right to erect upon the Property being leased to Tenant any water towers, wells, storm water controls, water lines, sewer lines, which structures or equipment may permanently reside on or under the Property leased to Tenant, provided that such location does not interfere with Tenant’s operation of a ski facility. Landlord hereby reserves for itself, its customers, tenants, subtenants, licensees, grantees, successors and assigns, for the length of this lease or any renewal thereof, an easement for the withdrawal of water from the ▇▇▇, ▇▇ now located on the Property or to be installed on the Property leased to Tenant or which in the future may be located on the Property.
(4) Tenant agrees that all restrictions and requirements for all Subdivisions as imposed by ▇▇▇▇▇▇▇ Township, Pennsylvania Department of Environmental Protection, Carbon County Planning Commission, Delaware River Basin Commission, or any other federal, state or local governmental agency necessary for the completion, erection, or installation of improvements or structures within said Subdivisions which are a burden on the Property leased to Tenant shall be permitted by Tenant to be installed, erected or placed upon the Property being leased to Tenant, all of which shall be at the cost of Landlord.
(5) Tenant shall not interfere with the installation, erection, placement, use, repair, maintenance or replacement of any of the aforesaid structures, equipment, water lines, sewer lines, utility lines, storm water controls, by Landlord on the Property, provided that such installation, erection, placement, use, repair, maintenance or replacement does not interfere with the Tenant’s operation of a ski facility.
(6) Landlord shall have the right to construct access area (paths, walkways, ski paths, alleyways, cart path, ski runs, etc.) from its Subdivisions across, through and over the Property leased to Tenant some of which are to provide access to the Tenant’s Buildings and ski slopes, all of which access areas shall be maintained by Tenant. The location of such access areas shall be mutually agreed upon by Landlord and Tenant. The cost for construction of these access areas shall be paid by Landlord or their successors or assigns. All liability for these access areas after construction by Landlord shall be borne solely by Tenant. Tenant shall be responsible for snow-making for the access points to the Ski Area from the subdivisions during ski season to permit the residents of Landlord's developments to ski on and off the access ways from their developments for the portion of the access way on the Leased Premises, provided, however, Tenant shall only be obligated to use the then existing snow making equipment and shall be under no obligation to purchase additional snow making equipment for this purpose.
(7) A portion of the Leased Premises, as shown on Exhibit "O" (the "Boulder Lake Village PRD AreaCrushing Plant"), is intended by Landlord to be a portion . Because of the Boulder Lake Village PRD project being developed by Landlordsubdivision laws and regulation of Colorado and Pueblo County, neither the property on which the Batch Plant is located (the "Batch Plant Property") nor the property on which the Crushing Plant is located (the "Crushing Plant Property") can be conveyed to Purchaser unless certain additional property located adjacent to the Batch Plant (the "Excess Batch Plant Property") and certain additional property located adjacent to the Crushing Plant (the "Excess Crushing Plant Property") also is conveyed to Purchaser. That project Accordingly, Seller will include one or more condominiums and planned communities. Landlord shall have the right convey to create such projects and condominiums communities and planned communities and to include the PRD Area as part of such community or communities. Landlord may cause the PRD Area to be one or more units (or a portion thereof) of such communities, ownership of which unit shall initially remain in Landlord. When such communities are created, if required by Landlord, Tenant shall execute an amendment to this Lease confirming that the PRD Area that is a portion Purchaser all of the Leased Premises Batch Plant Property and the Excess Batch Plant Property by a special warranty deed and all of the Crushing Plant Property and the Excess Crushing Plant Property by a second special warranty deed. Promptly after the Closing, Purchaser shall be take such unitactions as are reasonably necessary to subdivide the Batch Plant Property and the Excess Batch Plant Property into a two lot subdivision (the "Batch Plant Subdivision") and the Crushing Plant Property and the Excess Crushing Plant Property into a second two lot subdivision (the "Crushing Plant Subdivision. Tenant Upon completion of the Batch Plant Subdivision and the Crushing Plant Subdivision, which Purchaser shall cause its liability insurance policiesuse all reasonable efforts to complete within two (2) years after the Closing Date, as described in Paragraph 6 (a)Purchaser shall convey the Excess Batch Plant Property and the Excess Crushing Plant Property to Seller by special Warranty Deed and, to name, in addition to Landlordupon such conveyance, the applicable condominium Excess Batch Plant Property and homeowners' associations as additional insureds, and Tenant shall indemnify and hold harmless Landlord and those associations for any claims or damages resulting from Tenant's operations, whether or not insured.
(b) Tenant shall have the right to remove water from ponds or streams on the Property for the purposes only of making snow subject to all federal, state and local governmental rules and regulations including Delaware River Basin Commission .
(c) Landlord, their successors or assigns, shall have the right to provide treated water from Landlord’s sewage treatment plant for snow making to Tenant who shall accept such treated water and utilize it for snow making purposes.
(d) All ▇▇▇▇▇ on the Leased Premises shall remain the property of Landlord for Landlord's use. Upon central water being available to Tenant, Tenant shall connect to said central water system at Tenant's sole cost and expense. Until such central water system is available for Tenant's hookup Tenant shall use the existing ▇▇▇▇▇ for drinking water.
(e) A pump house exists on the property of Landlord. The pump house provides pumps for water removal for snow-making for the Leased Premises. The Tenant shall maintain its own pumps for water removal and its own electric meter for the pumps. Tenant shall be solely responsible for the repair, replacement and maintenance of all water lines on the Property, whether used by Tenant or Landlord, or its subsidiaries, affiliates or assigns, unless it is caused by Landlord, or its affiliates, negligence. Tenant shall also be solely responsible for the repair, replacement and maintenance of the pump house. Tenant shall be solely responsible for obtaining and preparing all information necessary for all reports to be submitted pertaining to water withdrawal from Big Boulder Lake or any other water source.
(f) Landlord, its agents, successors or assigns, shall have full access to any water lines or water pumps on the Property leased to Tenant at any time.
(g) Landlord reserves an unlimited easement or right of access on the Property to lay, re-lay, install, inspect, operate, maintain, repair, alter, remove, renew, replace, add and keep any water or sewer lines in, over, under, upon and across the Property for the benefit of Landlord and adjacent landowners and Subdivisions, provided that these encumbrances do not interfere with the Tenant’s operation of a ski facility.
(h) Some of the current parking for the Leased Property is on lands of the Landlord or future Planned Communities or Condominium Projects. Tenant shall have the right to utilize those parking areas designated by Landlord until such time as Landlord notifies Tenant not to utilize such parking areas. Tenant shall be responsible to insure, repair and maintain such parking areas on the property of Landlord. All new areas for parking for Tenant on Tenant’s Leased Excess Crushing Plant Property shall be Tenant’s responsibility added to repairthe property leased to Purchaser under the Lease. The parties acknowledge that the Batch Plant Property is comprised of approximately acres, insure and maintain. Landlord shallthe Excess Batch Plant Property is comprised of approximately acres, at no cost to Landlord, its licensees, tenants, guests or assigns, have the right, during non-ski season periods, to utilize the parking areas Crushing Plant Property is comprised of Tenant. Tenant acknowledges and agrees that Landlord, for itself, its grantees, successors or assigns shall have an easement and a right to access, create, erect, improveapproximately 13 acres, and install roadways through the existing parking areas Excess Crushing Plan Property is comprised of the Big Boulder Ski Resort to provide access and use to its Lake Shore development, Slope Side development and other future developments now or when such developments are created. Landlord shall not be responsible for replacing any parking spaces or parking areas currently in existence as a result of the creation, installation, improvement or erection of such roadways. Landlord shall further have full authority to install, at its expense, all traffic control devices as required by ▇▇▇▇▇▇ Township or any other governmental agency or as determined by Landlord to direct or control traffic on the said streets or through the parking lots on the Propertyapproximately acres.
(i) The term “road” or “roadways” utilized anywhere in this Lease shall include any storm water facilities associated with the construction of said roads or roadways and any traffic control devices or signs on or for said roads or roadways.
(j) All roadways, whether existing now or created, erected or installed in the future within the Leased Premises shall be for use by the public or by the residents of any development and shall be repaired, replaced, and maintained by Tenant including snow removal and anti-skid materials. The cost of the repair, maintenance and snow removal shall be shared between Tenant and any future subdivisions in accordance with Road Maintenance Agreements to be agreed upon between the parties. The current percentage of Tenant's responsibility is sixty-five percent (65%) of the costs.
(1) All permits for the withdrawal of water for snow-making purposes shall remain with Landlord. Tenant shall be responsible to reimburse Landlord for all labor, employee benefits, materials, permit fees, supplies or other costs and expenses required to monitor and submit the necessary reports for the water withdrawal permits. Tenant shall provide all information and monitoring of water withdrawal required by Landlord to maintain said permits.
(2) Tenant shall read elapsed time meters daily at the same time each and every day, and shall inspect the monitoring pipe, and make sure that it is full. If it is not full, Tenant shall cease snow-making and all water withdrawals. Tenant shall provide all documentation requested by Landlord regarding water monitoring and water withdrawals. Landlord does not guarantee the availability of water for snow making.
(l) Throughout the Leased Premises are non-public access roads. Tenant shall repair and maintain all said access roads on the Leased Premises including snow removal. Landlord, at anytime, shall have full rights on ingress, egress and regress over, upon and through said access roads. No access road shall be terminated or blocked without Landlord's prior written permission which may be withheld at its sole discretion.
(m) Tenant acknowledges that Tenant has reviewed the existing Mt. Union cell tower lease and Tenant agrees to be responsible for all lease payments due Mt. Union.
(n) Landlord reserves the right at any time and from time to time to remove, relocate, or demolish existing facilities including but not limited to underground storage tanks, buildings, garages, concrete pads, parking areas, or existing equipment attach to a building or inground. Landlord shall restore or replace such equipment, buildings or facilities on the Leased Premises or shall provide additional area adjacent to the Leased Premises to the Tenant in size or value to that which is removed. Any buildings that are removed or demolished shall be replaced with buildings of a similar value except that Landlord shall have the unrestricted right without the requirement of replacement or reimbursement, to demolish the flightline building. Further, if Landlord shall decide to remove or demolish the Maintenance and Ski Patrol Building on the Property then Landlord shall pay to Tenant $500,000.00, as adjusted by the percentage of increase in the CPI in effect as of the date of this Agreement and the first day of the month in which Landlord demolishes the Maintenance and Ski Patrol Building, which shall compensate Tenant for all costs for a new building, moving expenses, equipment, survey, land development costs, engineering fees, attorneys fees, and all other costs and expenses associated in any way with Landlord taking and demolishing of the Maintenance and Ski Patrol Buildings. Landlord shall be responsible for obtaining the land development approvals. The costs, fee and expenses incurred by Landlord including legal and engineering fees for obtaining said approvals shall be deducted by Landlord from the amount due Tenant above.
(o) Further, Landlord reserves the right at any time and from time to time to provide landscaping or screening including the erection of fences, barriers, earthen or other type of mounds to screen any structure, facility or equipment of Tenant at any location on the Leased Premises.
(p) Tenant's heavy equipment (over 20 tons), construction equipment or groomers shall not be permitted to enter upon any entrance road to any development of Landlord's or upon Big Boulder Drive except for snow removal.
(q) Tenant shall be solely responsible for the removal of sediment in Big Boulder Lake adjacent to Tenant's parking area. Removal of the sediment shall be done on at lease an annual basis. Tenant shall also be responsible for controlling water runoff through its parking lots to control water quality and water runoff into Big Boulder Lake.
Appears in 1 contract
Subdivision. Landlord shall, at its sole cost and expense, in cooperation with Tenant, cause the Complex to be subdivided (the “Subdivision”) such that the Leased Premises shall constitute a single tax parcel (the “Rolling Mill Parcel”) separate and apart from the Adjacent Premises in accordance with Applicable Law, subject to the following terms and conditions:
(a) Landlord is in shall complete the process of subdividing portions of its land for subdivisions and Planned Residential Developments Subdivision on or before June 30, 2024;
(hereinafter referred to as “Subdivisions”b) some of which are part Landlord’s completion of the land which is being leased herein, and part of it is other lands adjoining the Property being leased herein to Tenant. Tenant acknowledges that there are Subdivisions being prepared Subdivision shall be confirmed by Landlord and/or are in the process of having infrastructure installed or erected on the Property for said Subdivisions. Further, Tenant acknowledges that the Landlord or its affiliates may be the builder of some of the homes and/or buildings to be constructed in said Subdivisions and may have non-affiliated companies or individuals purchase lots and build homes and/or other structures in said Subdivisions. Further, Tenant acknowledges that there are numerous water, sewer, storm water, utilities and other easements associated with said Subdivisions that cross or will cross the Property being leased to Tenant. Tenant acknowledges that they have reviewed Landlord's development plans and conceptual plans for ▇▇▇▇ Frost National Golf Course, ▇▇▇▇ ▇▇▇▇▇ Golf Course PRD, ▇▇▇▇ Frost Ski PRD, Boulder Lake Village Subdivision, Lake Shore Subdivision, Round Pond Subdivision, Pheasant Run and Slope Side Subdivision and agrees that said plans and developments do not interfere with Tenant's ski operations. Therefore, Tenant agrees as follows:
(1) Landlord shall have the right and easements at any time during the term of this Lease, or any extensions thereof, to enter the Property being leased to Tenant and to have ingress, egress and regress for the purposes of access or construction of any structures, improvements, roads, utilities, storm water facilities an executed notice or other subdivision or PRD improvements to be erected inreasonable evidence thereof issued by an applicable Governmental Entity, or under the Property for the Subdivisions of Landlord or any future Subdivisions developed whether adjacent to the Property or not and to install the infrastructure or have others install the infrastructure for the benefit of said Subdivisions, in each case provided that such location or use of the easement does not interfere with Tenant’s operation of a ski facility.
(2) Landlord shall have the right to install upon the Property being leased to Tenant water, sewer, and utility lines and storm water controls for the purposes of the benefit of said Subdivisions. The expense for the construction of said water lines, sewer lines, utility lines, and storm water controls shall be the responsibility of Landlord provided that such location does not interfere with Tenant’s operation of a ski facility.
(3) Landlord shall have the right to erect upon the Property being leased to Tenant any water towers, wells, storm water controls, water lines, sewer lines, which structures or equipment may permanently reside on or under the Property leased to Tenant, provided that such location does not interfere with Tenant’s operation of a ski facility. Landlord hereby reserves for itself, its customers, tenants, subtenants, licensees, grantees, successors and assigns, for the length of this lease or any renewal thereof, an easement for the withdrawal of water from the ▇▇▇▇▇ now located on the Property or to be installed on the Property leased to Tenant or which in the future may be located on the Property.
(4) Tenant agrees that all restrictions and requirements for all Subdivisions as imposed by ▇▇▇▇▇▇ Township, Pennsylvania Department of Environmental Protection, Carbon County Planning Commission, Delaware River Basin Commission, or any other federal, state or local governmental agency necessary for the completion, erection, or installation of improvements or structures within said Subdivisions which are a burden on the Property leased to Tenant shall be permitted by Tenant to be installed, erected or placed upon the Property being leased to Tenant, all of which shall be at the cost of Landlord.
(5) Tenant shall not interfere with the installation, erection, placement, use, repair, maintenance or replacement of any of the aforesaid structures, equipment, water lines, sewer lines, utility lines, storm water controls, by Landlord on the Property, provided that such installation, erection, placement, use, repair, maintenance or replacement does not interfere with the Tenant’s operation of a ski facility.
(6) Landlord shall have the right to construct access area (paths, walkways, ski paths, alleyways, cart path, ski runs, etc.) from its Subdivisions across, through and over the Property leased to Tenant some of which are to provide access to the Tenant’s Buildings and ski slopes, all of which access areas shall be maintained by Tenant. The location of such access areas shall be mutually agreed upon by Landlord and Tenant. The cost for construction of these access areas shall be paid by Landlord or their successors or assigns. All liability for these access areas after construction by Landlord shall be borne solely by Tenant. Tenant shall be responsible for snow-making for the access points to the Ski Area from the subdivisions during ski season to permit the residents of Landlord's developments to ski on and off the access ways from their developments for the portion of the access way on the Leased Premises, provided, however, Tenant shall only be obligated to use the then existing snow making equipment and shall be under no obligation to purchase additional snow making equipment for this purpose.
(7) A portion of the Leased Premises, as shown on Exhibit "O" (the "Boulder Lake Village PRD Area"), is intended by Landlord to Tenant;
(c) The legal description for the Rolling Mill Parcel, as revised by the Subdivision, shall be a portion of subject to Tenant’s reasonable review and approval, and shall substantially reflect the Boulder Lake Village PRD project being developed by Landlord. That project will include one or more condominiums and planned communities. Landlord shall have the right to create such projects and condominiums communities and planned communities and to include the PRD Area as part of such community or communities. Landlord may cause the PRD Area to be one or more units (or a portion thereof) of such communities, ownership of which unit shall initially remain in Landlord. When such communities are created, if required by Landlord, Tenant shall execute an amendment to this Lease confirming that the PRD Area that is a portion legal description of the Leased Premises shall be such unit. Tenant shall cause its liability insurance policies, as described in Paragraph 6 (a), to name, in addition to Landlord, of the applicable condominium and homeowners' associations as additional insureds, and Tenant shall indemnify and hold harmless Landlord and those associations for any claims or damages resulting from Tenant's operations, whether or not insured.Effective Date;
(bd) Tenant shall have the right to remove water from ponds review and approve, such approval not to be unreasonably withheld, conditioned or streams on delayed, any filing, notice or other instrument to be made, filed or delivered by Landlord in connection with the Property for the purposes only of making snow subject to all federalSubdivision, state and local governmental rules and regulations including Delaware River Basin Commission .
(c) Landlord, their successors or assigns, shall have the right to provide treated water from Landlord’s sewage treatment plant for snow making to Tenant who shall accept such treated water and utilize it for snow making purposes.
(d) All ▇▇▇▇▇ on the Leased Premises shall remain the property of Landlord for Landlord's use. Upon central water being available to Tenant, Tenant shall connect to said central water system at Tenant's sole cost and expense. Until execute any such central water system is available for Tenant's hookup filing so approved by Tenant shall use the existing ▇▇▇▇▇ for drinking water.if required under Applicable Law;
(e) A pump house exists on If necessary, promptly upon completion of the property Subdivision, Landlord and Tenant shall enter into an amendment of Landlord. The pump house provides pumps for water removal for snow-making for this Lease and any recorded memorandum thereof to modify the legal description of the Leased Premises. The Tenant shall maintain its own pumps for water removal and its own electric meter for Premises to match the pumps. Tenant shall be solely responsible for the repair, replacement and maintenance of all water lines on the Property, whether used by Tenant or Landlord, or its subsidiaries, affiliates or assigns, unless it is caused by Landlord, or its affiliates, negligence. Tenant shall also be solely responsible for the repair, replacement and maintenance legal description of the pump house. Tenant shall be solely responsible for obtaining and preparing all information necessary for all reports to be submitted pertaining to water withdrawal Rolling Mill Parcel resulting from Big Boulder Lake or any other water source.the Subdivision; and
(f) Landlord, its agents, successors or assigns, shall have full access to any water lines or water pumps on the Property leased to Tenant at any time.
(g) Landlord reserves an unlimited easement or right of access on the Property to lay, re-lay, install, inspect, operate, maintain, repair, alter, remove, renew, replace, add and keep any water or sewer lines in, over, under, upon and across the Property for the benefit of Landlord and adjacent landowners Tenant shall cooperate in filing and/or executing such other instruments and Subdivisions, provided that these encumbrances do not interfere documents as shall be reasonable and customary (and/or required under Applicable Law) in connection with the Tenant’s operation of a ski facilitySubdivision.
(h) Some of the current parking for the Leased Property is on lands of the Landlord or future Planned Communities or Condominium Projects. Tenant shall have the right to utilize those parking areas designated by Landlord until such time as Landlord notifies Tenant not to utilize such parking areas. Tenant shall be responsible to insure, repair and maintain such parking areas on the property of Landlord. All new areas for parking for Tenant on Tenant’s Leased Property shall be Tenant’s responsibility to repair, insure and maintain. Landlord shall, at no cost to Landlord, its licensees, tenants, guests or assigns, have the right, during non-ski season periods, to utilize the parking areas of Tenant. Tenant acknowledges and agrees that Landlord, for itself, its grantees, successors or assigns shall have an easement and a right to access, create, erect, improve, and install roadways through the existing parking areas of the Big Boulder Ski Resort to provide access and use to its Lake Shore development, Slope Side development and other future developments now or when such developments are created. Landlord shall not be responsible for replacing any parking spaces or parking areas currently in existence as a result of the creation, installation, improvement or erection of such roadways. Landlord shall further have full authority to install, at its expense, all traffic control devices as required by ▇▇▇▇▇▇ Township or any other governmental agency or as determined by Landlord to direct or control traffic on the said streets or through the parking lots on the Property.
(i) The term “road” or “roadways” utilized anywhere in this Lease shall include any storm water facilities associated with the construction of said roads or roadways and any traffic control devices or signs on or for said roads or roadways.
(j) All roadways, whether existing now or created, erected or installed in the future within the Leased Premises shall be for use by the public or by the residents of any development and shall be repaired, replaced, and maintained by Tenant including snow removal and anti-skid materials. The cost of the repair, maintenance and snow removal shall be shared between Tenant and any future subdivisions in accordance with Road Maintenance Agreements to be agreed upon between the parties. The current percentage of Tenant's responsibility is sixty-five percent (65%) of the costs.
(1) All permits for the withdrawal of water for snow-making purposes shall remain with Landlord. Tenant shall be responsible to reimburse Landlord for all labor, employee benefits, materials, permit fees, supplies or other costs and expenses required to monitor and submit the necessary reports for the water withdrawal permits. Tenant shall provide all information and monitoring of water withdrawal required by Landlord to maintain said permits.
(2) Tenant shall read elapsed time meters daily at the same time each and every day, and shall inspect the monitoring pipe, and make sure that it is full. If it is not full, Tenant shall cease snow-making and all water withdrawals. Tenant shall provide all documentation requested by Landlord regarding water monitoring and water withdrawals. Landlord does not guarantee the availability of water for snow making.
(l) Throughout the Leased Premises are non-public access roads. Tenant shall repair and maintain all said access roads on the Leased Premises including snow removal. Landlord, at anytime, shall have full rights on ingress, egress and regress over, upon and through said access roads. No access road shall be terminated or blocked without Landlord's prior written permission which may be withheld at its sole discretion.
(m) Tenant acknowledges that Tenant has reviewed the existing Mt. Union cell tower lease and Tenant agrees to be responsible for all lease payments due Mt. Union.
(n) Landlord reserves the right at any time and from time to time to remove, relocate, or demolish existing facilities including but not limited to underground storage tanks, buildings, garages, concrete pads, parking areas, or existing equipment attach to a building or inground. Landlord shall restore or replace such equipment, buildings or facilities on the Leased Premises or shall provide additional area adjacent to the Leased Premises to the Tenant in size or value to that which is removed. Any buildings that are removed or demolished shall be replaced with buildings of a similar value except that Landlord shall have the unrestricted right without the requirement of replacement or reimbursement, to demolish the flightline building. Further, if Landlord shall decide to remove or demolish the Maintenance and Ski Patrol Building on the Property then Landlord shall pay to Tenant $500,000.00, as adjusted by the percentage of increase in the CPI in effect as of the date of this Agreement and the first day of the month in which Landlord demolishes the Maintenance and Ski Patrol Building, which shall compensate Tenant for all costs for a new building, moving expenses, equipment, survey, land development costs, engineering fees, attorneys fees, and all other costs and expenses associated in any way with Landlord taking and demolishing of the Maintenance and Ski Patrol Buildings. Landlord shall be responsible for obtaining the land development approvals. The costs, fee and expenses incurred by Landlord including legal and engineering fees for obtaining said approvals shall be deducted by Landlord from the amount due Tenant above.
(o) Further, Landlord reserves the right at any time and from time to time to provide landscaping or screening including the erection of fences, barriers, earthen or other type of mounds to screen any structure, facility or equipment of Tenant at any location on the Leased Premises.
(p) Tenant's heavy equipment (over 20 tons), construction equipment or groomers shall not be permitted to enter upon any entrance road to any development of Landlord's or upon Big Boulder Drive except for snow removal.
(q) Tenant shall be solely responsible for the removal of sediment in Big Boulder Lake adjacent to Tenant's parking area. Removal of the sediment shall be done on at lease an annual basis. Tenant shall also be responsible for controlling water runoff through its parking lots to control water quality and water runoff into Big Boulder Lake.
Appears in 1 contract
Subdivision. (a) Landlord is 4.7.1 The Vendor warrants that planning permission for the subdivision of the lands comprised in the process Current Estate Description has been granted and registered under planning reference ## S0079/07.
4.7.2 The Vendor has reached a commercial agreement with the owners of subdividing portions the 7 completed homes comprising the Pre-Existing Development, which will require/allow the Vendor to further subdivide the Current Estate, in order to separate the Pre-Existing Estate from the Modified Estate upon which the Residences will be constructed. The Vendor at its own cost shall with all due diligence and dispatch cause an application to be made on its behalf to the Department of its land Planning effect such further subdivision.
4.7.3 Should such application prove successful, the Vendor shall transfer the Pre-Existing Estate to another wholly owned subsidiary entity of the Guarantor, having first secured landholding powers for subdivisions such entity to acquire the Pre-Existing Estate and Planned Residential Developments (hereinafter referred reserving for the benefit of the Modified Estate rights of way and easements for the passage of utilities of the developed section of Harbour Drive passing through the Pre-Existing Estate. The subdivision approval shall grant like rights of way and easements for the passage of utilities in favour of the Pre-Existing Estate over the extension to as “Subdivisions”) some of which are Harbour Drive that shall form part of the land which is being leased herein, and part Infrastructure Works. It shall also grant an easement for the use of it is other lands adjoining the Property being leased herein to Tenant. Tenant acknowledges that there are Subdivisions being prepared a swim cove presently enjoyed by Landlord and/or are in the process of having infrastructure installed or erected on the Property for said Subdivisions. Further, Tenant acknowledges that the Landlord or its affiliates may be the builder of some of the homes and/or buildings to be constructed in said Subdivisions and may have non-affiliated companies or individuals purchase lots and build homes and/or other structures in said Subdivisions. Further, Tenant acknowledges that there are numerous water, sewer, storm water, utilities and other easements associated with said Subdivisions that cross or will cross the Property being leased to Tenant. Tenant acknowledges that they have reviewed Landlord's development plans and conceptual plans for #▇▇ ▇▇▇▇ Frost National Golf Course, ▇▇▇▇ ▇▇▇▇▇ Golf Course PRD, ▇▇▇▇ Frost Ski PRD, Boulder Lake Village Subdivision, Lake Shore Subdivision, Round Pond Subdivision, Pheasant Run that will be left in its present natural state to preserve the privacy and Slope Side Subdivision and agrees that said plans and developments do not interfere with Tenant's ski operations. Therefore, Tenant agrees as follows:
(1) Landlord shall have the right and easements at any time during the term of this Lease, or any extensions thereof, to enter the Property being leased to Tenant and to have ingress, egress and regress for the purposes of access or construction of any structures, improvements, roads, utilities, storm water facilities or other subdivision or PRD improvements to be erected in, or under the Property for the Subdivisions of Landlord or any future Subdivisions developed whether adjacent to the Property or not and to install the infrastructure or have others install the infrastructure for the benefit of said Subdivisions, provided that such location or use of the easement does not interfere with Tenant’s operation of a ski facility.
(2) Landlord shall have the right to install upon the Property being leased to Tenant water, sewer, and utility lines and storm water controls for the purposes of the benefit of said Subdivisions. The expense for the construction of said water lines, sewer lines, utility lines, and storm water controls shall be the responsibility of Landlord provided that such location does not interfere with Tenant’s operation of a ski facility.
(3) Landlord shall have the right to erect upon the Property being leased to Tenant any water towers, wells, storm water controls, water lines, sewer lines, which structures or equipment may permanently reside on or under the Property leased to Tenant, provided that such location does not interfere with Tenant’s operation of a ski facility. Landlord hereby reserves for itself, its customers, tenants, subtenants, licensees, grantees, successors and assigns, for the length of this lease or any renewal thereof, an easement for the withdrawal of water from the ▇▇▇▇▇ now located on the Property or to be installed on the Property leased to Tenant or which in the future may be located on the Property.
(4) Tenant agrees that all restrictions and requirements for all Subdivisions as imposed by ▇▇▇▇▇▇ Township, Pennsylvania Department of Environmental Protection, Carbon County Planning Commission, Delaware River Basin Commission, or any other federal, state or local governmental agency necessary for the completion, erection, or installation of improvements or structures within said Subdivisions which are a burden on the Property leased to Tenant shall be permitted by Tenant to be installed, erected or placed upon the Property being leased to Tenant, all of which shall be at the cost of Landlord.
(5) Tenant shall not interfere with the installation, erection, placement, use, repair, maintenance or replacement of any of the aforesaid structures, equipment, water lines, sewer lines, utility lines, storm water controls, by Landlord on the Property, provided that such installation, erection, placement, use, repair, maintenance or replacement does not interfere with the Tenant’s operation of a ski facility.
(6) Landlord shall have the right to construct access area (paths, walkways, ski paths, alleyways, cart path, ski runs, etc.) from its Subdivisions across, through and over the Property leased to Tenant some of which are to provide access to the Tenant’s Buildings and ski slopes, all of which access areas shall be maintained by Tenant. The location amenity of such access areas shall be mutually agreed upon by Landlord and Tenant. The cost for construction of these access areas shall be paid by Landlord or their successors or assigns. All liability for these access areas after construction by Landlord shall be borne solely by Tenant. Tenant shall be responsible for snow-making for home;
4.7.4 In the access points to the Ski Area from the subdivisions during ski season to permit the residents of Landlord's developments to ski on and off the access ways from their developments for the portion of the access way on the Leased Premises, provided, however, Tenant shall only be obligated to use the then existing snow making equipment and shall be under no obligation to purchase additional snow making equipment for this purpose.
(7) A portion of the Leased Premises, as shown on Exhibit "O" (the "Boulder Lake Village PRD Area"), is intended by Landlord to be a portion of the Boulder Lake Village PRD project being developed by Landlord. That project will include one or more condominiums and planned communities. Landlord shall have the right to create such projects and condominiums communities and planned communities and to include the PRD Area as part of such community or communities. Landlord may cause the PRD Area to be one or more units (or a portion thereof) of such communities, ownership of which unit shall initially remain in Landlord. When such communities are created, if required by Landlord, Tenant shall execute an amendment to this Lease confirming unlikely event that the PRD Area that is a portion of the Leased Premises shall be such unit. Tenant shall cause its liability insurance policies, as described in Paragraph 6 (a), to name, in addition to Landlord, the applicable condominium and homeowners' associations as additional insureds, and Tenant shall indemnify and hold harmless Landlord and those associations for any claims or damages resulting from Tenant's operations, whether or not insured.
(b) Tenant shall have the right to remove water from ponds or streams on the Property for the purposes only of making snow subject to all federal, state and local governmental rules and regulations including Delaware River Basin Commission .
(c) Landlord, their successors or assigns, shall have the right to provide treated water from Landlord’s sewage treatment plant for snow making to Tenant who shall accept such treated water and utilize it for snow making purposes.
(d) All ▇▇▇▇▇ on the Leased Premises shall remain the property of Landlord for Landlord's use. Upon central water being available to Tenant, Tenant shall connect to said central water system at Tenant's sole cost and expense. Until such central water system is available for Tenant's hookup Tenant shall use the existing ▇▇▇▇▇ for drinking water.
(e) A pump house exists on the property of Landlord. The pump house provides pumps for water removal for snow-making for the Leased Premises. The Tenant shall maintain its own pumps for water removal and its own electric meter for the pumps. Tenant shall be solely responsible for the repair, replacement and maintenance of all water lines on the Property, whether used by Tenant or Landlord, or its subsidiaries, affiliates or assigns, unless it is caused by Landlord, or its affiliates, negligence. Tenant shall also be solely responsible for the repair, replacement and maintenance of the pump house. Tenant shall be solely responsible for obtaining and preparing all information necessary for all reports to be submitted pertaining to water withdrawal from Big Boulder Lake or any other water source.
(f) Landlord, its agents, successors or assigns, shall have full access to any water lines or water pumps on the Property leased to Tenant at any time.
(g) Landlord reserves an unlimited easement or right of access on the Property to lay, re-lay, install, inspect, operate, maintain, repair, alter, remove, renew, replace, add and keep any water or sewer lines in, over, under, upon and across the Property for the benefit of Landlord and adjacent landowners and Subdivisions, provided that these encumbrances do not interfere with the Tenant’s operation of a ski facility.
(h) Some of the current parking for the Leased Property is on lands of the Landlord or future Planned Communities or Condominium Projects. Tenant shall have the right to utilize those parking areas designated by Landlord until such time as Landlord notifies Tenant not to utilize such parking areas. Tenant shall be responsible to insure, repair and maintain such parking areas on the property of Landlord. All new areas for parking for Tenant on Tenant’s Leased Property shall be Tenant’s responsibility to repair, insure and maintain. Landlord shall, at no cost to Landlord, its licensees, tenants, guests or assigns, have the right, during non-ski season periods, to utilize the parking areas of Tenant. Tenant acknowledges and agrees that Landlord, for itself, its grantees, successors or assigns shall have an easement and a right to access, create, erect, improve, and install roadways through the existing parking areas of the Big Boulder Ski Resort to provide access and use to its Lake Shore development, Slope Side development and other future developments now or when such developments are created. Landlord shall not be responsible for replacing any parking spaces or parking areas currently in existence as a result of the creation, installation, improvement or erection of such roadways. Landlord shall further have full authority to install, at its expense, all traffic control devices as required by ▇▇▇▇▇▇ Township or any other governmental agency or as determined by Landlord to direct or control traffic on the said streets or through the parking lots on the Property.
either (i) The term “road” the agreement to further subdivide the Current Estate as contemplated in Section 4.7.2 is not formalised or “roadways” utilized anywhere (ii) the application with the Department of Planning to subdivide the Current Estate as contemplated in this Lease Section 4.7.3 is not successful, the 8 Residences shall include any storm water facilities associated form part of the Current Estate (together with the construction of said roads or roadways 7 existing homes) and the Vendor shall account separately for the services that shall be provided to the Residences and any traffic control devices or signs on or for said roads or roadwaysreserve that shall be funded by the owners of the Residences.
(j) All roadways4.7.5 The Guarantor shall pay all legal fees and bear the costs of all formalities required to perfect the separation contemplated in this Clause 4.7, whether existing now or createdincluding without limitation stamp duty, erected or installed in the future within the Leased Premises shall be for use by the public or by the residents of any development and shall be repaired, replaced, and maintained by Tenant including snow removal and anti-skid materials. The cost of the repair, maintenance and snow removal shall be shared between Tenant and any future subdivisions in accordance with Road Maintenance Agreements to be agreed upon between the parties. The current percentage of Tenant's responsibility is sixty-five percent (65%) of the costs.
(1) All permits for the withdrawal of water for snow-making purposes shall remain with Landlord. Tenant shall be responsible to reimburse Landlord for all labor, employee benefits, materials, permit fees, supplies or other registration costs and expenses required to monitor and submit the necessary reports for the water withdrawal permits. Tenant shall provide all information and monitoring of water withdrawal required by Landlord to maintain said permitsplanning fees.
(2) Tenant shall read elapsed time meters daily at the same time each and every day, and shall inspect the monitoring pipe, and make sure that it is full. If it is not full, Tenant shall cease snow-making and all water withdrawals. Tenant shall provide all documentation requested by Landlord regarding water monitoring and water withdrawals. Landlord does not guarantee the availability of water for snow making.
(l) Throughout the Leased Premises are non-public access roads. Tenant shall repair and maintain all said access roads on the Leased Premises including snow removal. Landlord, at anytime, shall have full rights on ingress, egress and regress over, upon and through said access roads. No access road shall be terminated or blocked without Landlord's prior written permission which may be withheld at its sole discretion.
(m) Tenant acknowledges that Tenant has reviewed the existing Mt. Union cell tower lease and Tenant agrees to be responsible for all lease payments due Mt. Union.
(n) Landlord reserves the right at any time and from time to time to remove, relocate, or demolish existing facilities including but not limited to underground storage tanks, buildings, garages, concrete pads, parking areas, or existing equipment attach to a building or inground. Landlord shall restore or replace such equipment, buildings or facilities on the Leased Premises or shall provide additional area adjacent to the Leased Premises to the Tenant in size or value to that which is removed. Any buildings that are removed or demolished shall be replaced with buildings of a similar value except that Landlord shall have the unrestricted right without the requirement of replacement or reimbursement, to demolish the flightline building. Further, if Landlord shall decide to remove or demolish the Maintenance and Ski Patrol Building on the Property then Landlord shall pay to Tenant $500,000.00, as adjusted by the percentage of increase in the CPI in effect as of the date of this Agreement and the first day of the month in which Landlord demolishes the Maintenance and Ski Patrol Building, which shall compensate Tenant for all costs for a new building, moving expenses, equipment, survey, land development costs, engineering fees, attorneys fees, and all other costs and expenses associated in any way with Landlord taking and demolishing of the Maintenance and Ski Patrol Buildings. Landlord shall be responsible for obtaining the land development approvals. The costs, fee and expenses incurred by Landlord including legal and engineering fees for obtaining said approvals shall be deducted by Landlord from the amount due Tenant above.
(o) Further, Landlord reserves the right at any time and from time to time to provide landscaping or screening including the erection of fences, barriers, earthen or other type of mounds to screen any structure, facility or equipment of Tenant at any location on the Leased Premises.
(p) Tenant's heavy equipment (over 20 tons), construction equipment or groomers shall not be permitted to enter upon any entrance road to any development of Landlord's or upon Big Boulder Drive except for snow removal.
(q) Tenant shall be solely responsible for the removal of sediment in Big Boulder Lake adjacent to Tenant's parking area. Removal of the sediment shall be done on at lease an annual basis. Tenant shall also be responsible for controlling water runoff through its parking lots to control water quality and water runoff into Big Boulder Lake.
Appears in 1 contract
Sources: Sale and Purchase Agreement
Subdivision. Seller agrees, commencing immediately upon execution of this Agreement, at Seller’s sole cost and expense, to cause, and to use best efforts to cause, the Existing Parcel to be subdivided through a commercial subdivision process to be completed, as soon as reasonably practicable, in accordance with Chapter 278 of NRS (acollectively, the “Subdivision”), under which the Existing Parcel will be divided so that there will be two separate parcels that encompass the Treasure Island hotel and casino and related improvements, which parcels will collectively total no less than eighteen (18) Landlord is acres (such parcels, collectively, including all land, and all interests in buildings, structures, improvements and fixtures located thereon and all easements and other rights and interests appurtenant thereto, the process “Treasure Island Property”), and there are two or more parcels that encompass the remainder of subdividing portions of its land for subdivisions and Planned Residential Developments the Existing Parcel (hereinafter referred to as collectively, the “SubdivisionsMirage Property”) some a portion of which are part of the land which is being leased herein, and part of it is other lands adjoining the Property being leased herein to Tenant. Tenant acknowledges that there are Subdivisions being prepared by Landlord and/or are in the process of having infrastructure installed or erected on the Property for said Subdivisions. Further, Tenant acknowledges will be subdivided so that the Landlord or its affiliates may be the builder of some of the homes and/or buildings to be constructed in said Subdivisions and may have non-affiliated companies or individuals purchase lots and build homes and/or other structures in said Subdivisions. Further, Tenant acknowledges that there are numerous water, sewer, storm water, utilities and other easements associated with said Subdivisions that cross or Joint Valet Garage will cross the Property being leased to Tenant. Tenant acknowledges that they have reviewed Landlord's development plans and conceptual plans for ▇▇▇▇ Frost National Golf Course, ▇▇▇▇ ▇▇▇▇▇ Golf Course PRD, ▇▇▇▇ Frost Ski PRD, Boulder Lake Village Subdivision, Lake Shore Subdivision, Round Pond Subdivision, Pheasant Run and Slope Side Subdivision and agrees that said plans and developments do not interfere with Tenant's ski operations. Therefore, Tenant agrees as follows:
(1) Landlord shall have the right and easements at any time during the term of this Lease, or any extensions thereof, to enter the Property being leased to Tenant and to have ingress, egress and regress for the purposes of access or construction of any structures, improvements, roads, utilities, storm water facilities or other subdivision or PRD improvements to be erected in, or under the Property for the Subdivisions of Landlord or any future Subdivisions developed whether adjacent to the Property or not and to install the infrastructure or have others install the infrastructure for the benefit of said Subdivisions, provided that such location or use of the easement does not interfere with Tenant’s operation of a ski facility.
(2) Landlord shall have the right to install upon the Property being leased to Tenant water, sewer, and utility lines and storm water controls for the purposes of the benefit of said Subdivisions. The expense for the construction of said water lines, sewer lines, utility lines, and storm water controls shall be the responsibility of Landlord provided that such location does not interfere with Tenant’s operation of a ski facility.
(3) Landlord shall have the right to erect upon the Property being leased to Tenant any water towers, wells, storm water controls, water lines, sewer lines, which structures or equipment may permanently reside on or under the Property leased to Tenant, provided that such location does not interfere with Tenant’s operation of a ski facility. Landlord hereby reserves for itself, its customers, tenants, subtenants, licensees, grantees, successors and assigns, for the length of this lease or any renewal thereof, an easement for the withdrawal of water from the ▇▇▇▇▇ now located on the Property or to be installed on the Property leased to Tenant or which in the future may be located on its own separate legal parcel (such parcel, including all land, and all interests in buildings, structures, improvements and fixtures located thereon and all easements and other rights and interests appurtenant thereto, the Property.
(4) Tenant agrees that all restrictions and requirements for all Subdivisions as imposed by ▇▇▇▇▇▇ Township, Pennsylvania Department of Environmental Protection, Carbon County Planning Commission, Delaware River Basin Commission, or any other federal, state or local governmental agency necessary for the completion, erection, or installation of improvements or structures within said Subdivisions which are a burden “Joint Valet Parcel”). The Parties hereby agree on the Property leased to Tenant shall be permitted by Tenant to be installedsize and contours of the two separate legal parcels that will make up the Treasure Island Property, erected or placed upon and on the Property being leased to Tenantsize and contours of the separate legal parcel that will constitute the Joint Valet Parcel, all of which shall be at the cost of Landlord.
(5) Tenant in each case as more particularly set forth on Schedule 6.23(b). Seller shall not interfere with modify or revise the installation, erection, placement, use, repair, maintenance size or replacement contours of any of the aforesaid structuresseparate legal parcels depicted on Schedule 6.23(b), equipment, water lines, sewer lines, utility lines, storm water controls, by Landlord on the Property, provided that such installation, erection, placement, use, repair, maintenance or replacement does not interfere in connection with the TenantSubdivision or otherwise, without Purchaser’s operation prior written consent which shall not be unreasonably withheld. Seller shall provide Purchaser with regular updates regarding the status of Seller’s efforts to complete the Subdivision, and shall not agree to the imposition of any material conditions imposed in connection with the Subdivision without Purchaser’s prior written consent, which shall not be unreasonably withheld. Purchaser shall be entitled to direct Seller’s activities with respect to the Subdivision, and if Purchaser so elects, Seller shall provide to Purchaser a ski facility.
(6) Landlord shall have power of attorney granting to Purchaser the right to construct access area (pathsexecute documents on Seller’s behalf, walkways, ski paths, alleyways, cart path, ski runs, etc.) from its Subdivisions across, through and over the Property leased to Tenant some of which are to provide access to the Tenant’s Buildings and ski slopes, all of which access areas shall be maintained by Tenant. The location of such access areas shall be mutually agreed upon by Landlord and Tenant. The cost for construction of these access areas shall be paid by Landlord or their successors or assigns. All liability for these access areas after construction by Landlord shall be borne solely by Tenant. Tenant shall be responsible for snow-making for the access points to the Ski Area from the subdivisions during ski season to permit the residents of Landlord's developments to ski on and off the access ways from their developments for the portion in furtherance of the access way on the Leased PremisesSubdivision, provided, however, Tenant shall only be obligated to use the then existing snow making equipment and shall be under no obligation to purchase additional snow making equipment for this purpose.
(7) A portion of the Leased Premises, as shown on Exhibit "O" (the "Boulder Lake Village PRD Area"), is intended by Landlord to be a portion of the Boulder Lake Village PRD project being developed by Landlord. That project will include one or more condominiums and planned communities. Landlord shall have the right to create such projects and condominiums communities and planned communities and to include the PRD Area as part of such community or communities. Landlord may cause the PRD Area to be one or more units (or a portion thereof) of such communities, ownership of which unit shall initially remain in Landlord. When such communities are created, if required by Landlord, Tenant shall execute an amendment to this Lease confirming that the PRD Area that is a portion of the Leased Premises shall be such unit. Tenant shall cause its liability insurance policies, as described in Paragraph 6 (a), to name, in addition to Landlord, the applicable condominium and homeowners' associations as additional insureds, and Tenant shall indemnify and hold harmless Landlord and those associations for any claims or damages resulting from Tenant's operations, whether or not insured.
(b) Tenant shall have the right to remove water from ponds or streams on the Property for the purposes only of making snow subject to all federal, state and local governmental rules and regulations including Delaware River Basin Commission .
(c) Landlord, their successors or assigns, shall have the right to provide treated water from Landlord’s sewage treatment plant for snow making to Tenant who shall accept such treated water and utilize it for snow making purposes.
(d) All ▇▇▇▇▇ on the Leased Premises shall remain the property of Landlord for Landlord's use. Upon central water being available to Tenant, Tenant shall connect to said central water system at Tenant's sole cost and expense. Until such central water system is available for Tenant's hookup Tenant shall use the existing ▇▇▇▇▇ for drinking water.
(e) A pump house exists on the property of Landlord. The pump house provides pumps for water removal for snow-making for the Leased Premises. The Tenant shall maintain its own pumps for water removal and its own electric meter for the pumps. Tenant shall be solely responsible for the repair, replacement and maintenance of all water lines on the Property, whether used by Tenant or Landlord, or its subsidiaries, affiliates or assigns, unless it is caused by Landlord, or its affiliates, negligence. Tenant shall also be solely responsible for the repair, replacement and maintenance of the pump house. Tenant shall be solely responsible for obtaining and preparing all information necessary for all reports to be submitted pertaining to water withdrawal from Big Boulder Lake or any other water source.
(f) Landlord, its agents, successors or assigns, shall have full access to any water lines or water pumps on the Property leased to Tenant at any time.
(g) Landlord reserves an unlimited easement or right of access on the Property to lay, re-lay, install, inspect, operate, maintain, repair, alter, remove, renew, replace, add and keep any water or sewer lines in, over, under, upon and across the Property for the benefit of Landlord and adjacent landowners and Subdivisions, provided that these encumbrances do not interfere with the Tenant’s operation of a ski facility.
(h) Some of the current parking for the Leased Property is on lands of the Landlord or future Planned Communities or Condominium Projects. Tenant shall have the right to utilize those parking areas designated by Landlord until such time as Landlord notifies Tenant not to utilize such parking areas. Tenant shall be responsible to insure, repair and maintain such parking areas on the property of Landlord. All new areas for parking for Tenant on Tenant’s Leased Property shall be Tenant’s responsibility to repair, insure and maintain. Landlord shall, at no cost to Landlord, its licensees, tenants, guests or assigns, have the right, during non-ski season periods, to utilize the parking areas of Tenant. Tenant acknowledges and agrees that Landlord, for itself, its grantees, successors or assigns shall have an easement and a right to access, create, erect, improve, and install roadways through the existing parking areas of the Big Boulder Ski Resort to provide access and use to its Lake Shore development, Slope Side development and other future developments now or when such developments are created. Landlord shall not be responsible for replacing any parking spaces or parking areas currently in existence as a result of the creation, installation, improvement or erection of such roadways. Landlord shall further have full authority to install, at its expense, all traffic control devices as required by ▇▇▇▇▇▇ Township or any other governmental agency or as determined by Landlord Purchaser to direct or control traffic on the said streets or through the parking lots on the Property.
(i) The term “road” or “roadways” utilized anywhere in this Lease shall include any storm water facilities associated be appropriate. In connection with the construction of said roads or roadways Subdivision, Seller shall comply with all applicable Laws and any traffic control devices or signs on or for said roads or roadways.
(j) All roadways, whether existing now or created, erected or installed in the future within the Leased Premises shall be for use by the public or by the residents of any development and shall be repaired, replaced, and maintained by Tenant including snow removal and anti-skid materials. The cost of the repair, maintenance and snow removal shall be shared between Tenant and any future subdivisions in accordance with Road Maintenance Agreements to be agreed upon between the parties. The current percentage of Tenant's responsibility is sixty-five percent (65%) of the costs.
(1) All permits for the withdrawal of water for snow-making purposes shall remain with Landlord. Tenant shall be responsible to reimburse Landlord for all labor, employee benefits, materials, permit fees, supplies or other costs and expenses required to monitor and submit the necessary reports for the water withdrawal permits. Tenant shall provide all information and monitoring of water withdrawal required by Landlord to maintain said permits.
(2) Tenant shall read elapsed time meters daily at the same time each and every day, and shall inspect the monitoring pipe, and make sure that it is full. If it is not full, Tenant shall cease snow-making and all water withdrawals. Tenant shall provide all documentation requested by Landlord regarding water monitoring and water withdrawals. Landlord does not guarantee the availability of water for snow making.
(l) Throughout the Leased Premises are non-public access roads. Tenant shall repair and maintain all said access roads on the Leased Premises including snow removal. Landlord, at anytime, shall have full rights on ingress, egress and regress over, upon and through said access roads. No access road shall be terminated or blocked without Landlord's prior written permission which may be withheld at its sole discretion.
(m) Tenant acknowledges that Tenant has reviewed the existing Mt. Union cell tower lease and Tenant agrees to be responsible for all lease payments due Mt. Union.
(n) Landlord reserves the right at any time and from time to time to remove, relocate, or demolish existing facilities including but not limited to underground storage tanks, buildings, garages, concrete pads, parking areas, or existing equipment attach to a building or inground. Landlord shall restore or replace such equipment, buildings or facilities on the Leased Premises or shall provide additional area adjacent requirements imposed pursuant to the Leased Premises to the Tenant in size or value to that which is removed. Any buildings that are removed or demolished shall be replaced with buildings of a similar value except that Landlord shall have the unrestricted right without the requirement of replacement or reimbursement, to demolish the flightline building. Further, if Landlord shall decide to remove or demolish the Maintenance and Ski Patrol Building on the Property then Landlord shall pay to Tenant $500,000.00, as adjusted by the percentage of increase in the CPI in effect as of the date of this Agreement and the first day of the month in which Landlord demolishes the Maintenance and Ski Patrol Building, which shall compensate Tenant for all costs for a new building, moving expenses, equipment, survey, land development costs, engineering fees, attorneys fees, and all other costs and expenses associated in any way with Landlord taking and demolishing of the Maintenance and Ski Patrol Buildings. Landlord shall be responsible for obtaining the land development approvals. The costs, fee and expenses incurred by Landlord including legal and engineering fees for obtaining said approvals shall be deducted by Landlord from the amount due Tenant abovePermitted Exceptions.
(o) Further, Landlord reserves the right at any time and from time to time to provide landscaping or screening including the erection of fences, barriers, earthen or other type of mounds to screen any structure, facility or equipment of Tenant at any location on the Leased Premises.
(p) Tenant's heavy equipment (over 20 tons), construction equipment or groomers shall not be permitted to enter upon any entrance road to any development of Landlord's or upon Big Boulder Drive except for snow removal.
(q) Tenant shall be solely responsible for the removal of sediment in Big Boulder Lake adjacent to Tenant's parking area. Removal of the sediment shall be done on at lease an annual basis. Tenant shall also be responsible for controlling water runoff through its parking lots to control water quality and water runoff into Big Boulder Lake.
Appears in 1 contract
Sources: Purchase Agreement (MGM Mirage)
Subdivision. During the Due Diligence Period, but only after PAID and River Associates Inc. have entered into the River Associates Lease Amendment (a) Landlord is all in accordance with the process applicable provisions of subdividing portions Section 3.1.3 hereof), Urban and PAID shall mutually agree upon the boundary lines for each of its land for subdivisions and Planned Residential Developments the Properties (hereinafter referred to as “SubdivisionsSubdivision”) some of which are part of and attach hereto the land which is being leased hereinproposed subdivision plans as Schedule 6.2.5 (each, and part of it is other lands adjoining a “Subdivision Plan”). After the Property being leased herein to Tenant. Tenant acknowledges that there are Subdivisions being prepared by Landlord and/or are in the process of having infrastructure installed or erected on the Property for said Subdivisions. FurtherEffective Date, Tenant acknowledges that the Landlord or Urban, at its affiliates may be the builder of some of the homes and/or buildings to be constructed in said Subdivisions and may have non-affiliated companies or individuals purchase lots and build homes and/or other structures in said Subdivisions. Further, Tenant acknowledges that there are numerous water, sewer, storm water, utilities and other easements associated with said Subdivisions that cross or will cross the Property being leased to Tenant. Tenant acknowledges that they have reviewed Landlord's development plans and conceptual plans for ▇▇▇▇ Frost National Golf Course, ▇▇▇▇ ▇▇▇▇▇ Golf Course PRD, ▇▇▇▇ Frost Ski PRD, Boulder Lake Village Subdivision, Lake Shore Subdivision, Round Pond Subdivision, Pheasant Run and Slope Side Subdivision and agrees that said plans and developments do not interfere with Tenant's ski operations. Therefore, Tenant agrees as follows:
(1) Landlord shall have the right and easements at any time during the term of this Lease, or any extensions thereof, to enter the Property being leased to Tenant and to have ingress, egress and regress for the purposes of access or construction of any structures, improvements, roads, utilities, storm water facilities or other subdivision or PRD improvements to be erected in, or under the Property for the Subdivisions of Landlord or any future Subdivisions developed whether adjacent to the Property or not and to install the infrastructure or have others install the infrastructure for the benefit of said Subdivisions, provided that such location or use of the easement does not interfere with Tenant’s operation of a ski facility.
(2) Landlord shall have the right to install upon the Property being leased to Tenant water, sewer, and utility lines and storm water controls for the purposes of the benefit of said Subdivisions. The expense for the construction of said water lines, sewer lines, utility lines, and storm water controls shall be the responsibility of Landlord provided that such location does not interfere with Tenant’s operation of a ski facility.
(3) Landlord shall have the right to erect upon the Property being leased to Tenant any water towers, wells, storm water controls, water lines, sewer lines, which structures or equipment may permanently reside on or under the Property leased to Tenant, provided that such location does not interfere with Tenant’s operation of a ski facility. Landlord hereby reserves for itself, its customers, tenants, subtenants, licensees, grantees, successors and assigns, for the length of this lease or any renewal thereof, an easement for the withdrawal of water from the ▇▇▇▇▇ now located on the Property or to be installed on the Property leased to Tenant or which in the future may be located on the Property.
(4) Tenant agrees that all restrictions and requirements for all Subdivisions as imposed by ▇▇▇▇▇▇ Township, Pennsylvania Department of Environmental Protection, Carbon County Planning Commission, Delaware River Basin Commission, or any other federal, state or local governmental agency necessary for the completion, erection, or installation of improvements or structures within said Subdivisions which are a burden on the Property leased to Tenant shall be permitted by Tenant to be installed, erected or placed upon the Property being leased to Tenant, all of which shall be at the cost of Landlord.
(5) Tenant shall not interfere with the installation, erection, placement, use, repair, maintenance or replacement of any of the aforesaid structures, equipment, water lines, sewer lines, utility lines, storm water controls, by Landlord on the Property, provided that such installation, erection, placement, use, repair, maintenance or replacement does not interfere with the Tenant’s operation of a ski facility.
(6) Landlord shall have the right to construct access area (paths, walkways, ski paths, alleyways, cart path, ski runs, etc.) from its Subdivisions across, through and over the Property leased to Tenant some of which are to provide access to the Tenant’s Buildings and ski slopes, all of which access areas shall be maintained by Tenant. The location of such access areas shall be mutually agreed upon by Landlord and Tenant. The cost for construction of these access areas shall be paid by Landlord or their successors or assigns. All liability for these access areas after construction by Landlord shall be borne solely by Tenant. Tenant shall be responsible for snow-making for the access points to the Ski Area from the subdivisions during ski season to permit the residents of Landlord's developments to ski on and off the access ways from their developments for the portion of the access way on the Leased Premises, provided, however, Tenant shall only be obligated to use the then existing snow making equipment and shall be under no obligation to purchase additional snow making equipment for this purpose.
(7) A portion of the Leased Premises, as shown on Exhibit "O" (the "Boulder Lake Village PRD Area"), is intended by Landlord to be a portion of the Boulder Lake Village PRD project being developed by Landlord. That project will include one or more condominiums and planned communities. Landlord shall have the right to create such projects and condominiums communities and planned communities and to include the PRD Area as part of such community or communities. Landlord may cause the PRD Area to be one or more units (or a portion thereof) of such communities, ownership of which unit shall initially remain in Landlord. When such communities are created, if required by Landlord, Tenant shall execute an amendment to this Lease confirming that the PRD Area that is a portion of the Leased Premises shall be such unit. Tenant shall cause its liability insurance policies, as described in Paragraph 6 (a), to name, in addition to Landlord, the applicable condominium and homeowners' associations as additional insureds, and Tenant shall indemnify and hold harmless Landlord and those associations for any claims or damages resulting from Tenant's operations, whether or not insured.
(b) Tenant shall have the right to remove water from ponds or streams on the Property for the purposes only of making snow subject to all federal, state and local governmental rules and regulations including Delaware River Basin Commission .
(c) Landlord, their successors or assigns, shall have the right to provide treated water from Landlord’s sewage treatment plant for snow making to Tenant who shall accept such treated water and utilize it for snow making purposes.
(d) All ▇▇▇▇▇ on the Leased Premises shall remain the property of Landlord for Landlord's use. Upon central water being available to Tenant, Tenant shall connect to said central water system at Tenant's sole cost and expense, shall apply for and diligently prosecute, the Subdivision. Until Urban shall promptly deliver to PAID copies of all such central water system is available for Tenant's hookup Tenant applications, and of any and all correspondence and notices sent or received by Urban with respect to such applications, and of all rulings or approvals relating thereto. PAID shall use cooperate and assist Urban in obtaining the existing ▇▇▇▇▇ for drinking water.
(e) A pump house exists on the property of Landlord. The pump house provides pumps for water removal for snow-making for the Leased Premises. The Tenant shall maintain its own pumps for water removal Subdivision, and its own electric meter for the pumps. Tenant PAID shall be solely responsible for permitted to review, comment and approve the repairapplication and prosecution process, replacement and maintenance of all water lines on but at no cost, liability, obligation or responsibility to PAID. At the Property, whether used by Tenant or Landlord, or its subsidiaries, affiliates or assigns, unless it is caused by Landlord, or its affiliates, negligence. Tenant shall also be solely responsible for the repair, replacement and maintenance expiration of the pump house. Tenant initial Due Diligence Period, the Subdivision shall be solely responsible for obtaining final and preparing unappealed, with all information necessary for appeal periods having expired. In the event that Subdivision is not final and unappealed, with all reports appeal periods having expired on or prior to be submitted pertaining to water withdrawal from Big Boulder Lake or any other water source.
(f) Landlord, its agents, successors or assigns, shall have full access to any water lines or water pumps on the Property leased to Tenant at any time.
(g) Landlord reserves an unlimited easement or right of access on the Property to lay, re-lay, install, inspect, operate, maintain, repair, alter, remove, renew, replace, add and keep any water or sewer lines in, over, under, upon and across the Property for the benefit of Landlord and adjacent landowners and Subdivisions, provided that these encumbrances do not interfere with the Tenant’s operation of a ski facility.
(h) Some expiration of the current parking for the Leased Property is on lands of the Landlord or future Planned Communities or Condominium Projects. Tenant initial Due Diligence Period, then Urban shall have the right to utilize those parking areas designated by Landlord until such time as Landlord notifies Tenant not to utilize such parking areas. Tenant shall be responsible to insure, repair and maintain such parking areas on the property of Landlord. All new areas for parking for Tenant on Tenant’s Leased Property shall be Tenant’s responsibility to repair, insure and maintain. Landlord shall, at no cost to Landlord, its licensees, tenants, guests or assigns, have the right, during non-ski season periodsbut not the obligation, to utilize extend the parking areas of Tenant. Tenant acknowledges and agrees that Landlord, Due Diligence Period as hereinafter provided in Article 7 for itself, its grantees, successors or assigns shall have an easement and a right to access, create, erect, improve, and install roadways through the existing parking areas of the Big Boulder Ski Resort to provide access and use to its Lake Shore development, Slope Side development and other future developments now or when such developments are created. Landlord shall not be responsible for replacing any parking spaces or parking areas currently in existence time as a result of the creation, installation, improvement or erection of such roadways. Landlord shall further have full authority to install, at its expense, all traffic control devices as required by ▇▇▇▇▇▇ Township or any other governmental agency or as determined by Landlord to direct or control traffic on the said streets or through the parking lots on the Property.
(i) The term “road” or “roadways” utilized anywhere in this Lease shall include any storm water facilities associated with the construction of said roads or roadways and any traffic control devices or signs on or for said roads or roadways.
(j) All roadways, whether existing now or created, erected or installed in the future within the Leased Premises shall be for use by the public or by the residents of any development and shall be repaired, replaced, and maintained by Tenant including snow removal and anti-skid materials. The cost of the repair, maintenance and snow removal shall be shared between Tenant and any future subdivisions in accordance with Road Maintenance Agreements to be agreed upon between the parties. The current percentage of Tenant's responsibility is sixty-five percent (65%) of the costs.
(1) All permits necessary for the withdrawal of water for snow-making purposes shall remain Subdivision to become final and unappealed, with Landlord. Tenant shall be responsible to reimburse Landlord for all labor, employee benefits, materials, permit fees, supplies or other costs and expenses required to monitor and submit the necessary reports for the water withdrawal permits. Tenant shall provide all information and monitoring of water withdrawal required by Landlord to maintain said permitsappeal periods having expired.
(2) Tenant shall read elapsed time meters daily at the same time each and every day, and shall inspect the monitoring pipe, and make sure that it is full. If it is not full, Tenant shall cease snow-making and all water withdrawals. Tenant shall provide all documentation requested by Landlord regarding water monitoring and water withdrawals. Landlord does not guarantee the availability of water for snow making.
(l) Throughout the Leased Premises are non-public access roads. Tenant shall repair and maintain all said access roads on the Leased Premises including snow removal. Landlord, at anytime, shall have full rights on ingress, egress and regress over, upon and through said access roads. No access road shall be terminated or blocked without Landlord's prior written permission which may be withheld at its sole discretion.
(m) Tenant acknowledges that Tenant has reviewed the existing Mt. Union cell tower lease and Tenant agrees to be responsible for all lease payments due Mt. Union.
(n) Landlord reserves the right at any time and from time to time to remove, relocate, or demolish existing facilities including but not limited to underground storage tanks, buildings, garages, concrete pads, parking areas, or existing equipment attach to a building or inground. Landlord shall restore or replace such equipment, buildings or facilities on the Leased Premises or shall provide additional area adjacent to the Leased Premises to the Tenant in size or value to that which is removed. Any buildings that are removed or demolished shall be replaced with buildings of a similar value except that Landlord shall have the unrestricted right without the requirement of replacement or reimbursement, to demolish the flightline building. Further, if Landlord shall decide to remove or demolish the Maintenance and Ski Patrol Building on the Property then Landlord shall pay to Tenant $500,000.00, as adjusted by the percentage of increase in the CPI in effect as of the date of this Agreement and the first day of the month in which Landlord demolishes the Maintenance and Ski Patrol Building, which shall compensate Tenant for all costs for a new building, moving expenses, equipment, survey, land development costs, engineering fees, attorneys fees, and all other costs and expenses associated in any way with Landlord taking and demolishing of the Maintenance and Ski Patrol Buildings. Landlord shall be responsible for obtaining the land development approvals. The costs, fee and expenses incurred by Landlord including legal and engineering fees for obtaining said approvals shall be deducted by Landlord from the amount due Tenant above.
(o) Further, Landlord reserves the right at any time and from time to time to provide landscaping or screening including the erection of fences, barriers, earthen or other type of mounds to screen any structure, facility or equipment of Tenant at any location on the Leased Premises.
(p) Tenant's heavy equipment (over 20 tons), construction equipment or groomers shall not be permitted to enter upon any entrance road to any development of Landlord's or upon Big Boulder Drive except for snow removal.
(q) Tenant shall be solely responsible for the removal of sediment in Big Boulder Lake adjacent to Tenant's parking area. Removal of the sediment shall be done on at lease an annual basis. Tenant shall also be responsible for controlling water runoff through its parking lots to control water quality and water runoff into Big Boulder Lake.
Appears in 1 contract
Sources: Acquisition and Development Agreement (Urban Outfitters Inc)
Subdivision. With respect to the development of the Premises:
A. The parties acknowledge that as of the date this Lease is signed by the last party (a) Landlord is in the process of subdividing portions of its land for subdivisions and Planned Residential Developments (hereinafter referred to as “SubdivisionsEffective Date”) some of which are the Premises is not constituted as a separate legal parcel, but is part of the land which is being leased herein, and part a larger parcel consisting of it is other lands adjoining the Property being leased herein to Tenant. Tenant acknowledges that there are Subdivisions being prepared by Landlord and/or are in the process of having infrastructure installed or erected on the Property for said Subdivisions. Further, Tenant acknowledges that the Landlord or its affiliates may be the builder of some of the homes and/or buildings to be constructed in said Subdivisions and may have non-affiliated companies or individuals purchase lots and build homes and/or other structures in said Subdivisions. Further, Tenant acknowledges that there are numerous water, sewer, storm water, utilities and other easements associated with said Subdivisions that cross or will cross the Property being leased to Tenant. Tenant acknowledges that they have reviewed Landlord's development plans and conceptual plans for ▇▇▇▇ Frost National Golf Course, ▇▇▇▇ ▇▇▇▇▇ Golf Course PRD, ▇▇▇▇ Frost Ski PRD, Boulder Lake Village Subdivision, Lake Shore Subdivision, Round Pond Subdivision, Pheasant Run and Slope Side Subdivision and agrees that said plans and developments do not interfere with Tenant's ski operations. Therefore, Tenant agrees as follows:
approximately 37.096 acres (1) Landlord shall have the right and easements at any time during the term of this Lease, or any extensions thereof, to enter the Property being leased to Tenant and to have ingress, egress and regress for the purposes of access or construction of any structures, improvements, roads, utilities, storm water facilities or other subdivision or PRD improvements to be erected in, or under the Property for the Subdivisions of Landlord or any future Subdivisions developed whether adjacent to the Property or not and to install the infrastructure or have others install the infrastructure for the benefit of said Subdivisions, provided that such location or use of the easement does not interfere with Tenant’s operation of a ski facility.
(2) Landlord shall have the right to install upon the Property being leased to Tenant water, sewer, and utility lines and storm water controls for the purposes of the benefit of said Subdivisions. The expense for the construction of said water lines, sewer lines, utility lines, and storm water controls shall be the responsibility of Landlord provided that such location does not interfere with Tenant’s operation of a ski facility.
(3) Landlord shall have the right to erect upon the Property being leased to Tenant any water towers, wells, storm water controls, water lines, sewer lines, which structures or equipment may permanently reside on or under the Property leased to Tenant, provided that such location does not interfere with Tenant’s operation of a ski facility. Landlord hereby reserves for itself, its customers, tenants, subtenants, licensees, grantees, successors and assigns, for the length of this lease or any renewal thereof, an easement for the withdrawal of water from the ▇▇▇▇▇ now located on the Property or to be installed on the Property leased to Tenant or which in the future may be located on the Property.
(4) Tenant agrees that all restrictions and requirements for all Subdivisions as imposed by ▇▇▇▇▇▇ Township, Pennsylvania Department of Environmental Protection, Carbon County Planning Commission, Delaware River Basin Commission, or any other federal, state or local governmental agency necessary for the completion, erection, or installation of improvements or structures within said Subdivisions which are a burden on the Property leased to Tenant shall be permitted by Tenant to be installed, erected or placed upon the Property being leased to Tenant“Larger Parcel”), all of which shall be at is shown by the cost of Landlord.
(5) Tenant shall not interfere with the installation, erection, placement, use, repair, maintenance or replacement of any of the aforesaid structures, equipment, water lines, sewer lines, utility lines, storm water controls, by Landlord on the Property, provided that such installation, erection, placement, use, repair, maintenance or replacement does not interfere with the Tenant’s operation of a ski facility.
(6) Landlord shall have the right to construct access area (paths, walkways, ski paths, alleyways, cart path, ski runs, etc.) from its Subdivisions across, through and over the Property leased to Tenant some of which are to provide access site plan attached to the Tenant’s Buildings and ski slopes, all of which access areas shall be maintained by Tenantlease as Exhibit “A”. The location of such access areas shall be mutually agreed upon by Landlord and Tenant. The cost for construction of these access areas shall be paid by Landlord or their successors or assigns. All liability for these access areas after construction by Landlord shall be borne solely by Tenant. Tenant shall be responsible for snow-making for the access points to the Ski Area from the subdivisions during ski season to permit the residents of Landlord's developments to ski on and off the access ways from their developments for the portion of the access way on the Leased Premises, provided, however, Tenant shall only be obligated agrees to use reasonable efforts to cause the then existing snow making equipment Premises to be constituted as a separate legal parcel containing approximately 10.531 acres in the approximate area and shall be under no obligation configuration shown and outlined within the area marked in red on Exhibit “A”, and to purchase additional snow making equipment for this purpose.
(7) A portion of the Leased Premisesuse reasonable efforts to cause lot 2, as shown on Exhibit "O" “A” to the companion Lease and lots 3 through 5 as shown on Exhibit “A” to the Option Agreement (the "Boulder Lake Village PRD Area")“Option”) between Landlord and Tenant of even date herewith to be subdivided by means of the recordation of a subdivision map by July 1, is intended 1990. In causing such property to be subdivided, Landlord and Tenant agree to consent to reasonable lot line modifications as required by the City of Milpitas; provided, however, that the configuration of the Premises shall be established in such manner that does not result in a material reduction in the Improvements or in parking, access, or landscape amenities which are shown on the site plan attached to this Lease as Exhibit “A”. Tenant agrees to reimburse Landlord for actual expenses paid by Landlord in the preparation, processing and recordation of such subdivision map and to meet other requirements necessary to make said lots 1-5 separate lots; provided, however, Tenant’s total reimbursement obligation pursuant hereto, the Companion Lease and the Option shall not exceed Twenty Five Thousand Dollars ($25,000). At such time is Landlord causes any such subdivision to be a portion of the Boulder Lake Village PRD project being developed by Landlord. That project will include one or more condominiums completed, Landlord and planned communities. Landlord shall have the right to create such projects and condominiums communities and planned communities and to include the PRD Area as part of such community or communities. Landlord may cause the PRD Area to be one or more units (or a portion thereof) of such communities, ownership of which unit shall initially remain in Landlord. When such communities are created, if required by Landlord, Tenant shall execute an amendment to this Lease confirming which shall set forth the description of the Premises resulting from the subdivision.
B. Landlord and Tenant agree that the PRD Area that is Premises and the Larger Parcel during (and limited to) the term of this Lease shall be developed and used only in accordance with a portion master plan, developed by Landlord. The parties have mutually agreed to a Master Plan for the general development of the Leased Premises shall entire 37.096 ± acre site which is attached hereto as Exhibit “A” and entitled “Master Site Plan”. Said Master Site Plan sets forth the buildings and land to be such unit. Tenant shall cause its liability insurance policies, as described in Paragraph 6 leased under this Lease and the Companion Lease (aBuilding 1 and 2 on Lots 1 and 2), and the buildings and land proposed to namebe developed on the remainder of the property (Building 3, in addition to Landlord, the applicable condominium and homeowners' associations as additional insureds4, and Tenant shall indemnify 5 to be constructed on Lots 3, 4, and hold harmless Landlord 5 respectively) as well as the general location of the parking and those associations for any claims or damages resulting from Tenant's operationslandscaping pertaining thereto. The parties agree that the Master Site Plan may be modified provided that (i) a perimeter driveway is developed in front of each building which generally runs near and parallel with the street surrounding the 37 ± acre site, whether or not insured.
(bii) Tenant shall have a landscape and recreation area at the right to remove water from ponds or streams rear of Lot 4 (as shown on the Property for the purposes only of making snow subject to all federal, state and local governmental rules and regulations including Delaware River Basin Commission .
(cSite Plan) Landlord, their successors or assigns, shall have the right to provide treated water from Landlord’s sewage treatment plant for snow making to Tenant who shall accept such treated water and utilize it for snow making purposes.
(d) All is developed when a building is constructed on L▇▇ ▇ [▇▇▇▇▇ on the Leased Premises shall remain the property of Landlord for Landlord's use. Upon central water being available to Tenant, Tenant shall connect to said central water system at Tenant's sole cost and expense. Until such central water system is available for Tenant's hookup Tenant shall use the existing ▇▇▇▇▇ for drinking water.
(e) A pump house exists on the property of Landlord. The pump house provides pumps for water removal for snow-making for the Leased Premises. The Tenant shall maintain its own pumps for water removal and its own electric meter for the pumps. Tenant shall be solely responsible for the repair, replacement and maintenance of all water lines on the Property, whether used by Tenant or Landlord, or its subsidiaries, affiliates or assigns, unless it is caused by Landlord, or its affiliates, negligence. Tenant shall also be solely responsible for the repair, replacement and maintenance of the pump house. Tenant shall be solely responsible for obtaining and preparing all information necessary for all reports to be submitted pertaining to water withdrawal from Big Boulder Lake or any other water source.
(f) Landlord, its agents, successors or assigns, shall have full access to any water lines or water pumps on the Property leased to Tenant at any time.
(g) Landlord reserves an unlimited easement or right of access on the Property to lay, re-lay, install, inspect, operate, maintain, repair, alter, remove, renew, replace, add and keep any water or sewer lines in, over, under, upon and across the Property for the benefit of Landlord and adjacent landowners and Subdivisions, provided that these encumbrances do not interfere with the Tenant’s operation of a ski facility.
(h) Some of the current parking for the Leased Property is on lands of the Landlord or future Planned Communities or Condominium Projects. Tenant shall have the right to utilize those parking areas designated by Landlord until such time as Landlord notifies Tenant not to utilize such parking areas. Tenant shall be responsible to insure, repair and maintain such parking areas on the property of Landlord. All new areas for parking for Tenant on Tenant’s Leased Property shall be Tenant’s responsibility to repair, insure and maintain. Landlord shall, at no cost to Landlord, its licensees, tenants, guests or assigns, have the right, during non-ski season periods, to utilize the parking areas of Tenant. Tenant acknowledges and agrees that Landlord, for itself, its grantees, successors or assigns shall have an easement and a right to access, create, erect, improve, and install roadways through the existing parking areas of the Big Boulder Ski Resort to provide access and use to its Lake Shore development, Slope Side development and other future developments now or when such developments are created. Landlord shall not be responsible for replacing any parking spaces or parking areas currently in existence as a result of the creation, installation, improvement or erection of such roadways. Landlord shall further have full authority to install, at its expense, all traffic control devices as required by ▇] ▇▇▇▇▇▇▇ Township or any other governmental agency or as determined by Landlord between the street and parking area closest to direct or control traffic on the said streets or through the parking lots on the Property.
street. The parties agree that (i) The term “road” Landlord may change the master plan, shape and sizes of the buildings, parking and landscaping as long as the general development concept set forth above is generally followed by Landlord, and (ii) any successor or “roadways” utilized anywhere assign of Landlord or Tenant shall be required to consent and agree to develop the Premises and the Larger Parcel in this Lease shall include any storm water facilities associated accordance with the construction of said roads or roadways and any traffic control devices or signs on or for said roads or roadways.
(j) All roadwaysforegoing, whether existing now or created, erected or installed in the future within the Leased Premises shall be for use by the public or by the residents of any development and shall be repaireddeemed to have assumed the obligation to so develop such property by acceptance of a deed, replacedassignment or other means of transfer of Landlord’s or Tenant’s interest in such property or any portion thereof, as the case may be. Further, the memorandum of lease to be recorded by Landlord and Tenant pursuant to paragraph 38G shall contain the following statement: “The Lease provides that from and after the commencement date of the Lease and continuing for a period of fifteen years, whichever first occurs, the Premises and the larger 37.096 acre parcel in which the Premises were originally included, shall be developed by the parties to the Lease or their successors or assigns, as more particularly set forth in the Lease, so that (i) a perimeter, driveway is developed in front of each building which generally runs near and parallel with the street surrounding the 37 ± acre site, (ii) a landscape area is developed along the frontage of all streets between the street and parking area closest to the street, (iii) a landscape and recreation area at the rear of Lot 4 (as shown on the Site Plan identified in the Lease) is developed when a building is constructed on Lot 4, and maintained by Tenant including snow removal (iv) all buildings will be similar and anti-skid materials. The cost generally architecturally compatible, it being agreed that Landlord may change the shape and sizes of the repairbuildings, maintenance parking and snow removal shall landscaping as long as the general development concept set forth above and in the Lease is generally followed by Landlord. Tenant understands that the lots shown on the Master Site Plan described in the Lease are for lease purposes only and that the lots have not been legally subdivided and do not constitute separate legal lots, but Landlord agrees to use reasonable efforts to cause Lots 1-5 to be shared between Tenant and any future subdivisions subdivided in accordance with Road Maintenance Agreements the approved Master Plan by July 1, 1990. If a Public Agency requires modifications to be agreed upon between the parties. The current percentage of Tenant's responsibility is sixty-five percent (65%) of lot lines as shown on the costs.
(1) All permits for Master Plan, the withdrawal of water for snow-making purposes shall remain with Landlordparties agree to reasonable lot line modifications. Tenant shall be responsible agrees to reimburse Landlord for all labor, employee benefits, materials, permit fees, supplies or other costs and actual expenses required to monitor and submit the necessary reports for the water withdrawal permits. Tenant shall provide all information and monitoring of water withdrawal required paid by Landlord to maintain said permits.
(2) Tenant shall read elapsed time meters daily at the same time each and every day, and shall inspect the monitoring pipe, and make sure that it is full. If it is not full, Tenant shall cease snow-making and all water withdrawals. Tenant shall provide all documentation requested by Landlord regarding water monitoring and water withdrawals. Landlord does not guarantee the availability of water for snow making.
(l) Throughout the Leased Premises are non-public access roads. Tenant shall repair and maintain all said access roads on the Leased Premises including snow removal. Landlord, at anytime, shall have full rights on ingress, egress and regress over, upon and through said access roads. No access road shall be terminated or blocked without Landlord's prior written permission which may be withheld at its sole discretion.
(m) Tenant acknowledges that Tenant has reviewed the existing Mt. Union cell tower lease and Tenant agrees to be responsible for all lease payments due Mt. Union.
(n) Landlord reserves the right at any time and from time to time to remove, relocate, or demolish existing facilities including but not limited to underground storage tanks, buildings, garages, concrete pads, parking areas, or existing equipment attach to a building or inground. Landlord shall restore or replace such equipment, buildings or facilities on the Leased Premises or shall provide additional area adjacent to the Leased Premises to the Tenant in size or value to that which is removed. Any buildings that are removed or demolished shall be replaced with buildings of a similar value except that Landlord shall have the unrestricted right without the requirement of replacement or reimbursement, to demolish the flightline building. Further, if Landlord shall decide to remove or demolish the Maintenance and Ski Patrol Building on the Property then Landlord shall pay to Tenant $500,000.00, as adjusted by the percentage of increase in the CPI in effect as processing and recordation of the date of this Agreement such subdivision map and the first day of the month in which Landlord demolishes the Maintenance and Ski Patrol Building, which shall compensate Tenant for all costs for a new building, moving expenses, equipment, survey, land development costs, engineering fees, attorneys fees, and to meet all other costs requirements necessary to make said Lots 1-5 separate lots; provided, however, Tenant’s total reimbursement obligation (pursuant to all agreements between Landlord and expenses associated Tenant) shall in any way with Landlord taking and demolishing of the Maintenance and Ski Patrol Buildings. Landlord shall be responsible for obtaining the land development approvals. The costs, fee and expenses incurred by Landlord including legal and engineering fees for obtaining said approvals shall be deducted by Landlord from the amount due Tenant aboveno event exceed Twenty-Five Thousand Dollars ($25,000.00).
(o) Further, Landlord reserves the right at any time and from time to time to provide landscaping or screening including the erection of fences, barriers, earthen or other type of mounds to screen any structure, facility or equipment of Tenant at any location on the Leased Premises.
(p) Tenant's heavy equipment (over 20 tons), construction equipment or groomers shall not be permitted to enter upon any entrance road to any development of Landlord's or upon Big Boulder Drive except for snow removal.
(q) Tenant shall be solely responsible for the removal of sediment in Big Boulder Lake adjacent to Tenant's parking area. Removal of the sediment shall be done on at lease an annual basis. Tenant shall also be responsible for controlling water runoff through its parking lots to control water quality and water runoff into Big Boulder Lake.”
Appears in 1 contract
Sources: Lease Agreement (Maxtor Corp)
Subdivision. Seller agrees, commencing immediately upon execution of this Agreement, at Seller’s sole cost and expense, to cause, and to use best efforts to cause, the Existing Parcel to be subdivided through a commercial subdivision process to be completed, as soon as reasonably practicable, in accordance with Chapter 278 of NRS (acollectively, the “Subdivision”), under which the Existing Parcel will be divided so that there will be two separate parcels that encompass the Treasure Island hotel and casino and related improvements, which parcels will collectively total no less than eighteen (18) Landlord is acres (such parcels, collectively, including all land, and all interests in buildings, structures, improvements and fixtures located thereon and all easements and other rights and interests appurtenant thereto, the process “Treasure Island Property”), and there are two or more parcels that encompass the remainder of subdividing portions of its land for subdivisions and Planned Residential Developments the Existing Parcel (hereinafter referred to as collectively, the “SubdivisionsMirage Property”) some a portion of which are part of the land which is being leased herein, and part of it is other lands adjoining the Property being leased herein to Tenant. Tenant acknowledges that there are Subdivisions being prepared by Landlord and/or are in the process of having infrastructure installed or erected on the Property for said Subdivisions. Further, Tenant acknowledges will be subdivided so that the Landlord or its affiliates may be the builder of some of the homes and/or buildings to be constructed in said Subdivisions and may have non-affiliated companies or individuals purchase lots and build homes and/or other structures in said Subdivisions. Further, Tenant acknowledges that there are numerous water, sewer, storm water, utilities and other easements associated with said Subdivisions that cross or Joint Valet Garage will cross the Property being leased to Tenant. Tenant acknowledges that they have reviewed Landlord's development plans and conceptual plans for ▇▇▇▇ Frost National Golf Course, ▇▇▇▇ ▇▇▇▇▇ Golf Course PRD, ▇▇▇▇ Frost Ski PRD, Boulder Lake Village Subdivision, Lake Shore Subdivision, Round Pond Subdivision, Pheasant Run and Slope Side Subdivision and agrees that said plans and developments do not interfere with Tenant's ski operations. Therefore, Tenant agrees as follows:
(1) Landlord shall have the right and easements at any time during the term of this Lease, or any extensions thereof, to enter the Property being leased to Tenant and to have ingress, egress and regress for the purposes of access or construction of any structures, improvements, roads, utilities, storm water facilities or other subdivision or PRD improvements to be erected in, or under the Property for the Subdivisions of Landlord or any future Subdivisions developed whether adjacent to the Property or not and to install the infrastructure or have others install the infrastructure for the benefit of said Subdivisions, provided that such location or use of the easement does not interfere with Tenant’s operation of a ski facility.
(2) Landlord shall have the right to install upon the Property being leased to Tenant water, sewer, and utility lines and storm water controls for the purposes of the benefit of said Subdivisions. The expense for the construction of said water lines, sewer lines, utility lines, and storm water controls shall be the responsibility of Landlord provided that such location does not interfere with Tenant’s operation of a ski facility.
(3) Landlord shall have the right to erect upon the Property being leased to Tenant any water towers, wells, storm water controls, water lines, sewer lines, which structures or equipment may permanently reside on or under the Property leased to Tenant, provided that such location does not interfere with Tenant’s operation of a ski facility. Landlord hereby reserves for itself, its customers, tenants, subtenants, licensees, grantees, successors and assigns, for the length of this lease or any renewal thereof, an easement for the withdrawal of water from the ▇▇▇▇▇ now located on the Property or to be installed on the Property leased to Tenant or which in the future may be located on its own separate legal parcel (such parcel, including all land, and all interests in buildings, structures, improvements and fixtures located thereon and all easements and other rights and interests appurtenant thereto, the Property.
(4) Tenant agrees that all restrictions and requirements for all Subdivisions as imposed by ▇▇▇▇▇▇ Township, Pennsylvania Department of Environmental Protection, Carbon County Planning Commission, Delaware River Basin Commission, or any other federal, state or local governmental agency necessary for the completion, erection, or installation of improvements or structures within said Subdivisions which are a burden “Joint Valet Parcel”). The Parties hereby agree on the Property leased to Tenant shall be permitted by Tenant to be installedsize and contours of the two separate legal parcels that will make up the Treasure Island Property, erected or placed upon and on the Property being leased to Tenantsize and contours of the separate legal parcel that will constitute the Joint Valet Parcel, all of which shall be at the cost of Landlord.
(5) Tenant in each case as more particularly set forth on Schedule 6.23(b). Seller shall not interfere with modify or revise the installation, erection, placement, use, repair, maintenance size or replacement contours of any of the aforesaid structuresseparate legal parcels depicted on Schedule 6.23(a), equipment, water lines, sewer lines, utility lines, storm water controls, by Landlord on the Property, provided that such installation, erection, placement, use, repair, maintenance or replacement does not interfere in connection with the TenantSubdivision or otherwise, without Purchaser’s operation prior written consent which shall not be unreasonably withheld. Seller shall provide Purchaser with regular updates regarding the status of Seller’s efforts to complete the Subdivision, and shall not agree to the imposition of any material conditions imposed in connection with the Subdivision without Purchaser’s prior written consent, which shall not be unreasonably withheld. Purchaser shall be entitled to direct Seller’s activities with respect to the Subdivision, and if Purchaser so elects, Seller shall provide to Purchaser a ski facility.
(6) Landlord shall have power of attorney granting to Purchaser the right to construct access area (pathsexecute documents on Seller’s behalf, walkways, ski paths, alleyways, cart path, ski runs, etc.) from its Subdivisions across, through and over the Property leased to Tenant some of which are to provide access to the Tenant’s Buildings and ski slopes, all of which access areas shall be maintained by Tenant. The location of such access areas shall be mutually agreed upon by Landlord and Tenant. The cost for construction of these access areas shall be paid by Landlord or their successors or assigns. All liability for these access areas after construction by Landlord shall be borne solely by Tenant. Tenant shall be responsible for snow-making for the access points to the Ski Area from the subdivisions during ski season to permit the residents of Landlord's developments to ski on and off the access ways from their developments for the portion in furtherance of the access way on the Leased PremisesSubdivision, provided, however, Tenant shall only be obligated to use the then existing snow making equipment and shall be under no obligation to purchase additional snow making equipment for this purpose.
(7) A portion of the Leased Premises, as shown on Exhibit "O" (the "Boulder Lake Village PRD Area"), is intended by Landlord to be a portion of the Boulder Lake Village PRD project being developed by Landlord. That project will include one or more condominiums and planned communities. Landlord shall have the right to create such projects and condominiums communities and planned communities and to include the PRD Area as part of such community or communities. Landlord may cause the PRD Area to be one or more units (or a portion thereof) of such communities, ownership of which unit shall initially remain in Landlord. When such communities are created, if required by Landlord, Tenant shall execute an amendment to this Lease confirming that the PRD Area that is a portion of the Leased Premises shall be such unit. Tenant shall cause its liability insurance policies, as described in Paragraph 6 (a), to name, in addition to Landlord, the applicable condominium and homeowners' associations as additional insureds, and Tenant shall indemnify and hold harmless Landlord and those associations for any claims or damages resulting from Tenant's operations, whether or not insured.
(b) Tenant shall have the right to remove water from ponds or streams on the Property for the purposes only of making snow subject to all federal, state and local governmental rules and regulations including Delaware River Basin Commission .
(c) Landlord, their successors or assigns, shall have the right to provide treated water from Landlord’s sewage treatment plant for snow making to Tenant who shall accept such treated water and utilize it for snow making purposes.
(d) All ▇▇▇▇▇ on the Leased Premises shall remain the property of Landlord for Landlord's use. Upon central water being available to Tenant, Tenant shall connect to said central water system at Tenant's sole cost and expense. Until such central water system is available for Tenant's hookup Tenant shall use the existing ▇▇▇▇▇ for drinking water.
(e) A pump house exists on the property of Landlord. The pump house provides pumps for water removal for snow-making for the Leased Premises. The Tenant shall maintain its own pumps for water removal and its own electric meter for the pumps. Tenant shall be solely responsible for the repair, replacement and maintenance of all water lines on the Property, whether used by Tenant or Landlord, or its subsidiaries, affiliates or assigns, unless it is caused by Landlord, or its affiliates, negligence. Tenant shall also be solely responsible for the repair, replacement and maintenance of the pump house. Tenant shall be solely responsible for obtaining and preparing all information necessary for all reports to be submitted pertaining to water withdrawal from Big Boulder Lake or any other water source.
(f) Landlord, its agents, successors or assigns, shall have full access to any water lines or water pumps on the Property leased to Tenant at any time.
(g) Landlord reserves an unlimited easement or right of access on the Property to lay, re-lay, install, inspect, operate, maintain, repair, alter, remove, renew, replace, add and keep any water or sewer lines in, over, under, upon and across the Property for the benefit of Landlord and adjacent landowners and Subdivisions, provided that these encumbrances do not interfere with the Tenant’s operation of a ski facility.
(h) Some of the current parking for the Leased Property is on lands of the Landlord or future Planned Communities or Condominium Projects. Tenant shall have the right to utilize those parking areas designated by Landlord until such time as Landlord notifies Tenant not to utilize such parking areas. Tenant shall be responsible to insure, repair and maintain such parking areas on the property of Landlord. All new areas for parking for Tenant on Tenant’s Leased Property shall be Tenant’s responsibility to repair, insure and maintain. Landlord shall, at no cost to Landlord, its licensees, tenants, guests or assigns, have the right, during non-ski season periods, to utilize the parking areas of Tenant. Tenant acknowledges and agrees that Landlord, for itself, its grantees, successors or assigns shall have an easement and a right to access, create, erect, improve, and install roadways through the existing parking areas of the Big Boulder Ski Resort to provide access and use to its Lake Shore development, Slope Side development and other future developments now or when such developments are created. Landlord shall not be responsible for replacing any parking spaces or parking areas currently in existence as a result of the creation, installation, improvement or erection of such roadways. Landlord shall further have full authority to install, at its expense, all traffic control devices as required by ▇▇▇▇▇▇ Township or any other governmental agency or as determined by Landlord Purchaser to direct or control traffic on the said streets or through the parking lots on the Property.
(i) The term “road” or “roadways” utilized anywhere in this Lease shall include any storm water facilities associated be appropriate. In connection with the construction of said roads or roadways Subdivision, Seller shall comply with all applicable Laws and any traffic control devices or signs on or for said roads or roadways.
(j) All roadways, whether existing now or created, erected or installed in the future within the Leased Premises shall be for use by the public or by the residents of any development and shall be repaired, replaced, and maintained by Tenant including snow removal and anti-skid materials. The cost of the repair, maintenance and snow removal shall be shared between Tenant and any future subdivisions in accordance with Road Maintenance Agreements to be agreed upon between the parties. The current percentage of Tenant's responsibility is sixty-five percent (65%) of the costs.
(1) All permits for the withdrawal of water for snow-making purposes shall remain with Landlord. Tenant shall be responsible to reimburse Landlord for all labor, employee benefits, materials, permit fees, supplies or other costs and expenses required to monitor and submit the necessary reports for the water withdrawal permits. Tenant shall provide all information and monitoring of water withdrawal required by Landlord to maintain said permits.
(2) Tenant shall read elapsed time meters daily at the same time each and every day, and shall inspect the monitoring pipe, and make sure that it is full. If it is not full, Tenant shall cease snow-making and all water withdrawals. Tenant shall provide all documentation requested by Landlord regarding water monitoring and water withdrawals. Landlord does not guarantee the availability of water for snow making.
(l) Throughout the Leased Premises are non-public access roads. Tenant shall repair and maintain all said access roads on the Leased Premises including snow removal. Landlord, at anytime, shall have full rights on ingress, egress and regress over, upon and through said access roads. No access road shall be terminated or blocked without Landlord's prior written permission which may be withheld at its sole discretion.
(m) Tenant acknowledges that Tenant has reviewed the existing Mt. Union cell tower lease and Tenant agrees to be responsible for all lease payments due Mt. Union.
(n) Landlord reserves the right at any time and from time to time to remove, relocate, or demolish existing facilities including but not limited to underground storage tanks, buildings, garages, concrete pads, parking areas, or existing equipment attach to a building or inground. Landlord shall restore or replace such equipment, buildings or facilities on the Leased Premises or shall provide additional area adjacent requirements imposed pursuant to the Leased Premises to the Tenant in size or value to that which is removed. Any buildings that are removed or demolished shall be replaced with buildings of a similar value except that Landlord shall have the unrestricted right without the requirement of replacement or reimbursement, to demolish the flightline building. Further, if Landlord shall decide to remove or demolish the Maintenance and Ski Patrol Building on the Property then Landlord shall pay to Tenant $500,000.00, as adjusted by the percentage of increase in the CPI in effect as of the date of this Agreement and the first day of the month in which Landlord demolishes the Maintenance and Ski Patrol Building, which shall compensate Tenant for all costs for a new building, moving expenses, equipment, survey, land development costs, engineering fees, attorneys fees, and all other costs and expenses associated in any way with Landlord taking and demolishing of the Maintenance and Ski Patrol Buildings. Landlord shall be responsible for obtaining the land development approvals. The costs, fee and expenses incurred by Landlord including legal and engineering fees for obtaining said approvals shall be deducted by Landlord from the amount due Tenant abovePermitted Exceptions.
(o) Further, Landlord reserves the right at any time and from time to time to provide landscaping or screening including the erection of fences, barriers, earthen or other type of mounds to screen any structure, facility or equipment of Tenant at any location on the Leased Premises.
(p) Tenant's heavy equipment (over 20 tons), construction equipment or groomers shall not be permitted to enter upon any entrance road to any development of Landlord's or upon Big Boulder Drive except for snow removal.
(q) Tenant shall be solely responsible for the removal of sediment in Big Boulder Lake adjacent to Tenant's parking area. Removal of the sediment shall be done on at lease an annual basis. Tenant shall also be responsible for controlling water runoff through its parking lots to control water quality and water runoff into Big Boulder Lake.
Appears in 1 contract
Sources: Purchase Agreement (MGM Mirage)
Subdivision. (a) Landlord is in the process of subdividing portions of its land for subdivisions Buyer and Planned Residential Developments (hereinafter referred to as “Subdivisions”) some of which are part Seller have determined that a portion of the land which Wood Campus Real Property (New Hospital Site), including most of Lot B-1 and a portion of Lot B-2 thereof, is being leased herein, not necessary for the construction and part of it is other lands adjoining the Property being leased herein to Tenant. Tenant acknowledges that there are Subdivisions being prepared by Landlord and/or are in the process of having infrastructure installed or erected on the Property for said Subdivisions. Further, Tenant acknowledges that the Landlord or its affiliates may be the builder of some operation of the homes and/or buildings to be constructed in said Subdivisions and may have non-affiliated companies or individuals purchase lots and build homes and/or other structures in said Subdivisions. Further, Tenant acknowledges that there are numerous water, sewer, storm water, utilities and other easements associated with said Subdivisions that cross or will cross the Property being leased to Tenant. Tenant acknowledges that they have reviewed Landlord's development plans and conceptual plans for ▇▇▇▇ Frost National Golf Course, ▇▇▇▇ ▇▇▇▇▇ Golf Course PRD, ▇▇▇▇ Frost Ski PRD, Boulder Lake Village Subdivision, Lake Shore Subdivision, Round Pond Subdivision, Pheasant Run and Slope Side Subdivision and agrees that said plans and developments do not interfere with Tenant's ski operationsNew Hospital. Therefore, Tenant agrees as follows:
Buyer and Seller desire to subdivide the Wood Campus Real Property (1New Hospital Site) Landlord shall have the right and easements at any time during the term of this Lease, or any extensions thereof, to enter the Property being leased to Tenant and to have ingress, egress and regress for the purposes of access or construction of any structures, improvements, roads, utilities, storm water facilities or other subdivision or PRD improvements to be erected in, or under the Property for the Subdivisions of Landlord or any future Subdivisions developed whether adjacent to the Property or not and to install the infrastructure or have others install the infrastructure for the benefit of said Subdivisions, provided that exclude such location or use of the easement does not interfere with Tenant’s operation of a ski facility.
(2) Landlord shall have the right to install upon the Property being leased to Tenant water, sewer, and utility lines and storm water controls for the purposes of the benefit of said Subdivisions. The expense for the construction of said water lines, sewer lines, utility lines, and storm water controls shall be the responsibility of Landlord provided that such location does not interfere with Tenant’s operation of a ski facility.
(3) Landlord shall have the right to erect upon the Property being leased to Tenant any water towers, wells, storm water controls, water lines, sewer lines, which structures or equipment may permanently reside on or under the Property leased to Tenant, provided that such location does not interfere with Tenant’s operation of a ski facility. Landlord hereby reserves for itself, its customers, tenants, subtenants, licensees, grantees, successors and assigns, for the length of this lease or any renewal thereof, an easement for the withdrawal of water from the ▇▇▇▇▇ now located on the Property or to be installed on the Property leased to Tenant or which in the future may be located on the Property.
(4) Tenant agrees that all restrictions and requirements for all Subdivisions as imposed by ▇▇▇▇▇▇ Township, Pennsylvania Department of Environmental Protection, Carbon County Planning Commission, Delaware River Basin Commission, or any other federal, state or local governmental agency necessary for the completion, erection, or installation of improvements or structures within said Subdivisions which are a burden on the Property leased to Tenant shall be permitted by Tenant to be installed, erected or placed upon the Property being leased to Tenant, all of which shall be at the cost of Landlord.
(5) Tenant shall not interfere with the installation, erection, placement, use, repair, maintenance or replacement of any of the aforesaid structures, equipment, water lines, sewer lines, utility lines, storm water controls, by Landlord on the Property, provided that such installation, erection, placement, use, repair, maintenance or replacement does not interfere with the Tenant’s operation of a ski facility.
(6) Landlord shall have the right to construct access area (paths, walkways, ski paths, alleyways, cart path, ski runs, etc.) from its Subdivisions across, through and over the Property leased to Tenant some of which are to provide access to the Tenant’s Buildings and ski slopes, all of which access areas shall be maintained by Tenant. The location of such access areas shall be mutually agreed upon by Landlord and Tenant. The cost for construction of these access areas shall be paid by Landlord or their successors or assigns. All liability for these access areas after construction by Landlord shall be borne solely by Tenant. Tenant shall be responsible for snow-making for the access points to the Ski Area from the subdivisions during ski season to permit the residents of Landlord's developments to ski on and off the access ways from their developments for the portion of the access way on Wood Campus Real Property (New Hospital Site) (the Leased Premises“Excluded Parcel”), provided, however, Tenant shall only with the intention that it be obligated to use the then existing snow making equipment and shall be under no obligation to purchase additional snow making equipment for this purpose.
(7) A portion retained by Seller. The approximate location of the Leased Premises, proposed property line is as shown on Exhibit "O" H attached hereto. Promptly following the Execution Date, Seller shall prepare or cause to be prepared a subdivision plat consistent with Exhibit H, containing sufficient detail and otherwise complying with all applicable requirements for the acceptance by the appropriate office (the "Boulder Lake Village PRD Area"“Subdivision Plat”). Upon completion, is intended by Landlord Seller shall submit the Subdivision Plat to be a portion Buyer for approval as to the exact location of the Boulder Lake Village PRD project being developed by Landlord. That project will include one or more condominiums property line and planned communities. Landlord shall have the right to create such projects and condominiums communities and planned communities and to include the PRD Area as part of such community or communities. Landlord may cause the PRD Area to be one or more units (or a portion thereof) of such communities, ownership of which unit shall initially remain in Landlord. When such communities are created, if required by Landlord, Tenant shall execute an amendment to this Lease confirming that the PRD Area that is a portion of the Leased Premises shall be such unit. Tenant shall cause its liability insurance policies, as described in Paragraph 6 (a), to name, in addition to Landlord, the applicable condominium and homeowners' associations as additional insureds, and Tenant shall indemnify and hold harmless Landlord and those associations for any claims or damages resulting from Tenant's operations, whether or not insured.
(b) Tenant shall have the right to remove water from ponds or streams on the Property for the purposes only of making snow subject to all federal, state and local governmental rules and regulations including Delaware River Basin Commission .
(c) Landlord, their successors or assigns, shall have the right to provide treated water from Landlord’s sewage treatment plant for snow making to Tenant who shall accept such treated water and utilize it for snow making purposes.
(d) All ▇▇▇▇▇ on the Leased Premises shall remain the property of Landlord for Landlord's use. Upon central water being available to Tenant, Tenant shall connect to said central water system at Tenant's sole cost and expense. Until such central water system is available for Tenant's hookup Tenant shall use the existing ▇▇▇▇▇ for drinking water.
(e) A pump house exists on the property of Landlord. The pump house provides pumps for water removal for snow-making for the Leased Premises. The Tenant shall maintain its own pumps for water removal and its own electric meter for the pumps. Tenant shall be solely responsible for the repair, replacement and maintenance of all water lines on the Property, whether used by Tenant or Landlord, or its subsidiaries, affiliates or assigns, unless it is caused by Landlord, or its affiliates, negligence. Tenant shall also be solely responsible for the repair, replacement and maintenance of the pump house. Tenant shall be solely responsible for obtaining and preparing all information necessary for all reports to be submitted pertaining to water withdrawal from Big Boulder Lake or any other water source.
(f) Landlordmatters disclosed or set forth therein, its agents, successors or assigns, shall have full access to any water lines or water pumps on the Property leased to Tenant at any time.
(g) Landlord reserves an unlimited easement or right of access on the Property to lay, re-lay, install, inspect, operate, maintain, repair, alter, remove, renew, replace, add and keep any water or sewer lines in, over, under, upon and across the Property for the benefit of Landlord and adjacent landowners and Subdivisions, provided that these encumbrances do not interfere with the Tenant’s operation of a ski facility.
(h) Some of the current parking for the Leased Property is on lands of the Landlord or future Planned Communities or Condominium Projects. Tenant shall have the right to utilize those parking areas designated by Landlord until such time as Landlord notifies Tenant not to utilize such parking areas. Tenant shall be responsible to insure, repair and maintain such parking areas on the property of Landlord. All new areas for parking for Tenant on Tenant’s Leased Property shall be Tenant’s responsibility to repair, insure and maintain. Landlord shall, at no cost to Landlord, its licensees, tenants, guests or assigns, have the right, during non-ski season periods, to utilize the parking areas of Tenant. Tenant acknowledges and agrees that Landlord, for itself, its grantees, successors or assigns shall have an easement and a right to access, create, erect, improve, and install roadways through the existing parking areas of the Big Boulder Ski Resort to provide access and use to its Lake Shore development, Slope Side development and other future developments now or when such developments are created. Landlord which approval shall not be responsible unreasonably withheld, conditioned or delayed. Upon approval by Buyer, the Subdivision Plat shall be submitted for replacing any parking spaces or parking areas currently in existence as a result approval and recording by the appropriate office. Seller shall make good faith efforts to obtain the approval and recording of the creationSubdivision Plat prior to Closing. If the Subdivision Plat is approved and recorded prior to Closing, installationthen the “Wood Campus Real Property (New Hospital Site)” shall thereafter mean and refer to the real property described in Schedule 1.1(d) less and excluding the Excluded Parcel for all purposes, improvement and the Title Commitment and Survey shall be updated to exclude the Excluded Parcel. For the avoidance of doubt, the approval and recording of the Subdivision Plat is not a condition to Closing, and if not completed prior to Closing, the entirety of the Wood Campus Real Property (New Hospital Site) as described on Schedule 1.1(d) shall be conveyed to Buyer at Closing. Thereafter, Buyer and Seller shall continue in good faith to pursue the approval and recording of the Subdivision Plat. Upon approval and recording of the Subdivision Plat, Buyer shall promptly re-convey the Excluded Parcel to Seller without consideration, by limited warranty deed, subject only to Permitted Exceptions, but otherwise without representation, warranty or erection recourse. Notwithstanding anything to the contrary herein, Buyer and Seller agree that if the approval of such roadways. Landlord shall further have full authority to installthe Subdivision Plat is conditioned upon the grant or reservation of any new easements, at its expenserights- of-way or other restrictions upon the remainder of the Wood Campus Real Property (New Hospital Site), all traffic control devices as required by ▇▇▇▇▇▇ Township or any other governmental agency or as determined by Landlord to direct or control traffic on the said streets or through the parking lots on the Property.
(i) The term “road” or “roadways” utilized anywhere in this Lease shall include any storm water facilities associated with the construction of said roads or roadways and any traffic control devices or signs on or for said roads or roadways.
(j) All roadwaysif, whether existing now or created, erected or installed in the future within sole but reasonable discretion of Buyer, such easements, rights-of- way or other restrictions would materially impair the Leased Premises shall be for use by the public development, construction or by the residents of any development and shall be repaired, replaced, and maintained by Tenant including snow removal and anti-skid materials. The cost operation of the repairNew Hospital, maintenance and snow removal Buyer shall be shared propose a new subdivision plat that will not materially impair the development, construction or operation of the New Hospital (which proposal may, without limitation, involve relocating the proposed boundary between Tenant and any future subdivisions the parcels in accordance with Road Maintenance Agreements a manner that reduces the size of the parcel to be agreed upon between returned to Seller, if such relocation is reasonably necessary to avoid material impairment to the parties. The current percentage of Tenant's responsibility is sixty-five percent (65%) development, construction or operation of the costsNew Hospital).
(1) All permits for the withdrawal of water for snow-making purposes shall remain with Landlord. Tenant shall be responsible to reimburse Landlord for all labor, employee benefits, materials, permit fees, supplies or other costs and expenses required to monitor and submit the necessary reports for the water withdrawal permits. Tenant shall provide all information and monitoring of water withdrawal required by Landlord to maintain said permits.
(2) Tenant shall read elapsed time meters daily at the same time each and every day, and shall inspect the monitoring pipe, and make sure that it is full. If it is not full, Tenant shall cease snow-making and all water withdrawals. Tenant shall provide all documentation requested by Landlord regarding water monitoring and water withdrawals. Landlord does not guarantee the availability of water for snow making.
(l) Throughout the Leased Premises are non-public access roads. Tenant shall repair and maintain all said access roads on the Leased Premises including snow removal. Landlord, at anytime, shall have full rights on ingress, egress and regress over, upon and through said access roads. No access road shall be terminated or blocked without Landlord's prior written permission which may be withheld at its sole discretion.
(m) Tenant acknowledges that Tenant has reviewed the existing Mt. Union cell tower lease and Tenant agrees to be responsible for all lease payments due Mt. Union.
(n) Landlord reserves the right at any time and from time to time to remove, relocate, or demolish existing facilities including but not limited to underground storage tanks, buildings, garages, concrete pads, parking areas, or existing equipment attach to a building or inground. Landlord shall restore or replace such equipment, buildings or facilities on the Leased Premises or shall provide additional area adjacent to the Leased Premises to the Tenant in size or value to that which is removed. Any buildings that are removed or demolished shall be replaced with buildings of a similar value except that Landlord shall have the unrestricted right without the requirement of replacement or reimbursement, to demolish the flightline building. Further, if Landlord shall decide to remove or demolish the Maintenance and Ski Patrol Building on the Property then Landlord shall pay to Tenant $500,000.00, as adjusted by the percentage of increase in the CPI in effect as of the date of this Agreement and the first day of the month in which Landlord demolishes the Maintenance and Ski Patrol Building, which shall compensate Tenant for all costs for a new building, moving expenses, equipment, survey, land development costs, engineering fees, attorneys fees, and all other costs and expenses associated in any way with Landlord taking and demolishing of the Maintenance and Ski Patrol Buildings. Landlord shall be responsible for obtaining the land development approvals. The costs, fee and expenses incurred by Landlord including legal and engineering fees for obtaining said approvals shall be deducted by Landlord from the amount due Tenant above.
(o) Further, Landlord reserves the right at any time and from time to time to provide landscaping or screening including the erection of fences, barriers, earthen or other type of mounds to screen any structure, facility or equipment of Tenant at any location on the Leased Premises.
(p) Tenant's heavy equipment (over 20 tons), construction equipment or groomers shall not be permitted to enter upon any entrance road to any development of Landlord's or upon Big Boulder Drive except for snow removal.
(q) Tenant shall be solely responsible for the removal of sediment in Big Boulder Lake adjacent to Tenant's parking area. Removal of the sediment shall be done on at lease an annual basis. Tenant shall also be responsible for controlling water runoff through its parking lots to control water quality and water runoff into Big Boulder Lake.
Appears in 1 contract
Sources: Asset Purchase Agreement
Subdivision. With respect to the development of the Premises:
A. The parties acknowledge that as of the date this Lease is signed by the last party (a) Landlord is in the process of subdividing portions of its land for subdivisions and Planned Residential Developments (hereinafter referred to as “SubdivisionsEffective Date”) some of which are the Premises is not constituted as a separate legal parcel, but is part of the land which is being leased herein, and part a larger parcel consisting of it is other lands adjoining the Property being leased herein to Tenant. Tenant acknowledges that there are Subdivisions being prepared by Landlord and/or are in the process of having infrastructure installed or erected on the Property for said Subdivisions. Further, Tenant acknowledges that the Landlord or its affiliates may be the builder of some of the homes and/or buildings to be constructed in said Subdivisions and may have non-affiliated companies or individuals purchase lots and build homes and/or other structures in said Subdivisions. Further, Tenant acknowledges that there are numerous water, sewer, storm water, utilities and other easements associated with said Subdivisions that cross or will cross the Property being leased to Tenant. Tenant acknowledges that they have reviewed Landlord's development plans and conceptual plans for ▇▇▇▇ Frost National Golf Course, ▇▇▇▇ ▇▇▇▇▇ Golf Course PRD, ▇▇▇▇ Frost Ski PRD, Boulder Lake Village Subdivision, Lake Shore Subdivision, Round Pond Subdivision, Pheasant Run and Slope Side Subdivision and agrees that said plans and developments do not interfere with Tenant's ski operations. Therefore, Tenant agrees as follows:
approximately 37.096 acres (1) Landlord shall have the right and easements at any time during the term of this Lease, or any extensions thereof, to enter the Property being leased to Tenant and to have ingress, egress and regress for the purposes of access or construction of any structures, improvements, roads, utilities, storm water facilities or other subdivision or PRD improvements to be erected in, or under the Property for the Subdivisions of Landlord or any future Subdivisions developed whether adjacent to the Property or not and to install the infrastructure or have others install the infrastructure for the benefit of said Subdivisions, provided that such location or use of the easement does not interfere with Tenant’s operation of a ski facility.
(2) Landlord shall have the right to install upon the Property being leased to Tenant water, sewer, and utility lines and storm water controls for the purposes of the benefit of said Subdivisions. The expense for the construction of said water lines, sewer lines, utility lines, and storm water controls shall be the responsibility of Landlord provided that such location does not interfere with Tenant’s operation of a ski facility.
(3) Landlord shall have the right to erect upon the Property being leased to Tenant any water towers, wells, storm water controls, water lines, sewer lines, which structures or equipment may permanently reside on or under the Property leased to Tenant, provided that such location does not interfere with Tenant’s operation of a ski facility. Landlord hereby reserves for itself, its customers, tenants, subtenants, licensees, grantees, successors and assigns, for the length of this lease or any renewal thereof, an easement for the withdrawal of water from the ▇▇▇▇▇ now located on the Property or to be installed on the Property leased to Tenant or which in the future may be located on the Property.
(4) Tenant agrees that all restrictions and requirements for all Subdivisions as imposed by ▇▇▇▇▇▇ Township, Pennsylvania Department of Environmental Protection, Carbon County Planning Commission, Delaware River Basin Commission, or any other federal, state or local governmental agency necessary for the completion, erection, or installation of improvements or structures within said Subdivisions which are a burden on the Property leased to Tenant shall be permitted by Tenant to be installed, erected or placed upon the Property being leased to Tenant“Larger Parcel”), all of which shall be at is shown by the cost of Landlord.
(5) Tenant shall not interfere with the installation, erection, placement, use, repair, maintenance or replacement of any of the aforesaid structures, equipment, water lines, sewer lines, utility lines, storm water controls, by Landlord on the Property, provided that such installation, erection, placement, use, repair, maintenance or replacement does not interfere with the Tenant’s operation of a ski facility.
(6) Landlord shall have the right to construct access area (paths, walkways, ski paths, alleyways, cart path, ski runs, etc.) from its Subdivisions across, through and over the Property leased to Tenant some of which are to provide access site plan attached to the Tenant’s Buildings and ski slopes, all of which access areas shall be maintained by Tenantlease as Exhibit “A”. The location of such access areas shall be mutually agreed upon by Landlord and Tenant. The cost for construction of these access areas shall be paid by Landlord or their successors or assigns. All liability for these access areas after construction by Landlord shall be borne solely by Tenant. Tenant shall be responsible for snow-making for the access points to the Ski Area from the subdivisions during ski season to permit the residents of Landlord's developments to ski on and off the access ways from their developments for the portion of the access way on the Leased Premises, provided, however, Tenant shall only be obligated agrees to use reasonable efforts to cause the then existing snow making equipment Premises to be constituted as a separate legal parcel containing approximately 11.848 acres in the approximate area and shall be under no obligation configuration shown and outlined within the area marked in red on Exhibit “A”, and to purchase additional snow making equipment for this purpose.
(7) A portion of the Leased Premisesuse reasonable efforts to cause lot 1, as shown on Exhibit "O" “A” to the Companion Lease and lots 3 through 5 as shown on Exhibit “A” to the Option Agreement (the "Boulder Lake Village PRD Area")“Option”) between Landlord and Tenant of even date herewith to be subdivided by means of the recordation of a subdivision map by July 1, is intended 1990. In causing such property to be subdivided, Landlord and Tenant agree to consent to reasonable lot line modifications as required by the City of Milpitas; provided, however, that the configuration of the Premises shall be established in such manner that does not result in a material reduction in the Improvements or in parking, access, or landscape amenities which are shown on the site plan attached to this Lease as Exhibit “A”. Tenant agrees to reimburse Landlord for actual expenses paid by Landlord in the preparation, processing and recordation of such subdivision map and to meet other requirements necessary to make said lots 1-5 separate lots; provided, however, Tenant’s total reimbursement obligation pursuant hereto, the Companion Lease and the Option shall not exceed Twenty Five Thousand Dollars ($25,000). At such time is Landlord causes any such subdivision to be a portion of the Boulder Lake Village PRD project being developed by Landlord. That project will include one or more condominiums completed, Landlord and planned communities. Landlord shall have the right to create such projects and condominiums communities and planned communities and to include the PRD Area as part of such community or communities. Landlord may cause the PRD Area to be one or more units (or a portion thereof) of such communities, ownership of which unit shall initially remain in Landlord. When such communities are created, if required by Landlord, Tenant shall execute an amendment to this Lease confirming which shall set forth the description of the Premises resulting from the subdivision.
B. Landlord and Tenant agree that the PRD Area that is Premises and the Larger Parcel during (and limited to) the term of this Lease shall be developed and used only in accordance with a portion master plan, developed by Landlord. The parties have mutually agreed to a Master Plan for the general development of the Leased Premises entire 37.096 ± acre site which is attached hereto as Exhibit “A” and entitled “Master Site Plan”. Said Master Site Plan sets forth the buildings and land to be leased under this Lease and the Companion Lease (Building 1 and 2 on Lots 1 and 2), and the buildings and land proposed to be developed on the remainder of the property (Building 3, 4, and 5 to be constructed on Lots 3, 4, and 5 respectively) as well as the general location of the parking and landscaping pertaining thereto. The parties agree that the Master Site Plan may be modified provided that (i) a perimeter driveway is developed in front of [Illegible] generally runs near [Illegible] recreation area at the rear of Lot 4 (as shown on the Site Plan) is developed when a building is constructed on Lot 4, (iii) all buildings will be similar and generally architecturally compatible, and (iv) a landscape area is developed along the frontage of all streets between the street and parking area closest to the street. The parties agree that (i) Landlord may change the master plan, shape and sizes of the buildings, parking and landscaping as long as the general development concept set forth above is generally followed by Landlord, and (ii) any successor or assign of Landlord or Tenant shall be required to consent and agree to develop the Premises and the Larger Parcel in accordance with the foregoing, and shall be deemed to have assumed the obligation to so develop such unit. Tenant shall cause its liability insurance policiesproperty by acceptance of a deed, assignment or other means of transfer of Landlord’s or Tenant’s interest in such property or any portion thereof, as described in Paragraph 6 (a), to name, in addition to Landlordthe case may be. Further, the applicable condominium and homeowners' associations as additional insureds, memorandum of lease to be recorded by Landlord and Tenant pursuant to paragraph 38G shall indemnify contain the following statement: “The Lease provides that from and hold harmless Landlord after the commencement date of the Lease and those associations continuing for any claims a period of fifteen years the Premises and the larger 37.096 acre parcel in which the Premises were originally included, shall be developed by the parties to the Lease or damages resulting from Tenant's operations, whether or not insured.
(b) Tenant shall have the right to remove water from ponds or streams on the Property for the purposes only of making snow subject to all federal, state and local governmental rules and regulations including Delaware River Basin Commission .
(c) Landlord, their successors or assigns, shall have as more particularly set forth in the right to provide treated water from Landlord’s sewage treatment plant for snow making to Tenant who shall accept such treated water and utilize it for snow making purposes.
(d) All ▇▇▇▇▇ on the Leased Premises shall remain the property of Landlord for Landlord's use. Upon central water being available to TenantLease, Tenant shall connect to said central water system at Tenant's sole cost and expense. Until such central water system is available for Tenant's hookup Tenant shall use the existing ▇▇▇▇▇ for drinking water.
(e) A pump house exists on the property of Landlord. The pump house provides pumps for water removal for snow-making for the Leased Premises. The Tenant shall maintain its own pumps for water removal and its own electric meter for the pumps. Tenant shall be solely responsible for the repair, replacement and maintenance of all water lines on the Property, whether used by Tenant or Landlord, or its subsidiaries, affiliates or assigns, unless it is caused by Landlord, or its affiliates, negligence. Tenant shall also be solely responsible for the repair, replacement and maintenance of the pump house. Tenant shall be solely responsible for obtaining and preparing all information necessary for all reports to be submitted pertaining to water withdrawal from Big Boulder Lake or any other water source.
(f) Landlord, its agents, successors or assigns, shall have full access to any water lines or water pumps on the Property leased to Tenant at any time.
(g) Landlord reserves an unlimited easement or right of access on the Property to lay, re-lay, install, inspect, operate, maintain, repair, alter, remove, renew, replace, add and keep any water or sewer lines in, over, under, upon and across the Property for the benefit of Landlord and adjacent landowners and Subdivisions, provided so that these encumbrances do not interfere with the Tenant’s operation of a ski facility.
(h) Some of the current parking for the Leased Property is on lands of the Landlord or future Planned Communities or Condominium Projects. Tenant shall have the right to utilize those parking areas designated by Landlord until such time as Landlord notifies Tenant not to utilize such parking areas. Tenant shall be responsible to insure, repair and maintain such parking areas on the property of Landlord. All new areas for parking for Tenant on Tenant’s Leased Property shall be Tenant’s responsibility to repair, insure and maintain. Landlord shall, at no cost to Landlord, its licensees, tenants, guests or assigns, have the right, during non-ski season periods, to utilize the parking areas of Tenant. Tenant acknowledges and agrees that Landlord, for itself, its grantees, successors or assigns shall have an easement and a right to access, create, erect, improve, and install roadways through the existing parking areas of the Big Boulder Ski Resort to provide access and use to its Lake Shore development, Slope Side development and other future developments now or when such developments are created. Landlord shall not be responsible for replacing any parking spaces or parking areas currently in existence as a result of the creation, installation, improvement or erection of such roadways. Landlord shall further have full authority to install, at its expense, all traffic control devices as required by ▇▇▇▇▇▇ Township or any other governmental agency or as determined by Landlord to direct or control traffic on the said streets or through the parking lots on the Property.
(i) The term “road” or “roadways” utilized anywhere a perimeter driveway is developed in this Lease shall include any storm water facilities associated front of each building which generally runs near and parallel with the construction street surrounding the 37 ± acre site, (ii) a landscape area is developed along the frontage of said roads or roadways all streets between the street and any traffic control devices or signs parking area closest to the street, (iii) a landscape and recreation area at the rear of Lot 4 (as shown on or for said roads or roadways.
(j) All roadways, whether existing now or created, erected or installed the Site Plan identified in the future within the Leased Premises shall be for use by the public or by the residents of any development and shall be repaired, replacedLease) is developed when a building is constructed on Lot 4, and maintained by Tenant including snow removal (iv) all buildings will be similar and anti-skid materials. The cost generally architecturally compatible, it being agreed that Landlord may change the shape and sizes of the repairbuildings, maintenance parking and snow removal shall landscaping as long as the general development concept set forth above and in the Lease is generally followed by Landlord. Tenant understands that the lots shown on the Master Site Plan described in the Lease are for lease purposes only and that the lots have not been legally subdivided and do not constitute separate legal lots, but Landlord agrees to use reasonable efforts to cause Lots 1-5 to be shared between Tenant and any future subdivisions subdivided in accordance with Road Maintenance Agreements the approved Master Plan by July 1, 1990. If a Public Agency requires modifications to be agreed upon between the parties. The current percentage of Tenant's responsibility is sixty-five percent (65%) of lot lines as shown on the costs.
(1) All permits for Master Plan, the withdrawal of water for snow-making purposes shall remain with Landlordparties agree to reasonable lot line modifications. Tenant shall be responsible agrees to reimburse Landlord for all labor, employee benefits, materials, permit fees, supplies or other costs and actual expenses required to monitor and submit the necessary reports for the water withdrawal permits. Tenant shall provide all information and monitoring of water withdrawal required paid by Landlord to maintain said permits.
(2) Tenant shall read elapsed time meters daily at the same time each and every day, and shall inspect the monitoring pipe, and make sure that it is full. If it is not full, Tenant shall cease snow-making and all water withdrawals. Tenant shall provide all documentation requested by Landlord regarding water monitoring and water withdrawals. Landlord does not guarantee the availability of water for snow making.
(l) Throughout the Leased Premises are non-public access roads. Tenant shall repair and maintain all said access roads on the Leased Premises including snow removal. Landlord, at anytime, shall have full rights on ingress, egress and regress over, upon and through said access roads. No access road shall be terminated or blocked without Landlord's prior written permission which may be withheld at its sole discretion.
(m) Tenant acknowledges that Tenant has reviewed the existing Mt. Union cell tower lease and Tenant agrees to be responsible for all lease payments due Mt. Union.
(n) Landlord reserves the right at any time and from time to time to remove, relocate, or demolish existing facilities including but not limited to underground storage tanks, buildings, garages, concrete pads, parking areas, or existing equipment attach to a building or inground. Landlord shall restore or replace such equipment, buildings or facilities on the Leased Premises or shall provide additional area adjacent to the Leased Premises to the Tenant in size or value to that which is removed. Any buildings that are removed or demolished shall be replaced with buildings of a similar value except that Landlord shall have the unrestricted right without the requirement of replacement or reimbursement, to demolish the flightline building. Further, if Landlord shall decide to remove or demolish the Maintenance and Ski Patrol Building on the Property then Landlord shall pay to Tenant $500,000.00, as adjusted by the percentage of increase in the CPI in effect as processing and recordation of the date of this Agreement such subdivision map and the first day of the month in which Landlord demolishes the Maintenance and Ski Patrol Building, which shall compensate Tenant for all costs for a new building, moving expenses, equipment, survey, land development costs, engineering fees, attorneys fees, and to meet all other costs requirements necessary to make said Lots 1-5 separate lots; provided, however, Tenant’s total reimbursement obligation (pursuant to all agreements between Landlord and expenses associated Tenant) shall in any way with Landlord taking and demolishing of the Maintenance and Ski Patrol Buildings. Landlord shall be responsible for obtaining the land development approvals. The costs, fee and expenses incurred by Landlord including legal and engineering fees for obtaining said approvals shall be deducted by Landlord from the amount due Tenant aboveno event exceed Twenty-Five Thousand Dollars ($25,000.00).
(o) Further, Landlord reserves the right at any time and from time to time to provide landscaping or screening including the erection of fences, barriers, earthen or other type of mounds to screen any structure, facility or equipment of Tenant at any location on the Leased Premises.
(p) Tenant's heavy equipment (over 20 tons), construction equipment or groomers shall not be permitted to enter upon any entrance road to any development of Landlord's or upon Big Boulder Drive except for snow removal.
(q) Tenant shall be solely responsible for the removal of sediment in Big Boulder Lake adjacent to Tenant's parking area. Removal of the sediment shall be done on at lease an annual basis. Tenant shall also be responsible for controlling water runoff through its parking lots to control water quality and water runoff into Big Boulder Lake.”
Appears in 1 contract
Sources: Lease Agreement (Maxtor Corp)
Subdivision. In connection with the sale of the Release Property or for any other reasonable purpose, Borrower shall be permitted to subdivide the Land into two or more separate legal parcels (a) Landlord is in the process of subdividing portions of its land for subdivisions and Planned Residential Developments (hereinafter referred to as “SubdivisionsSubdivision”) some of subject to Lender’s reasonable consent which are part of the land which is being leased herein, and part of it is other lands adjoining the Property being leased herein to Tenant. Tenant acknowledges that there are Subdivisions being prepared by Landlord and/or are in the process of having infrastructure installed or erected shall be based on the Property for said Subdivisions. Further, Tenant acknowledges that the Landlord or its affiliates may be the builder of some of the homes and/or buildings to be constructed in said Subdivisions and may have non-affiliated companies or individuals purchase lots and build homes and/or other structures in said Subdivisions. Further, Tenant acknowledges that there are numerous water, sewer, storm water, utilities and other easements associated with said Subdivisions that cross or will cross the Property being leased to Tenant. Tenant acknowledges that they have reviewed Landlord's development plans and conceptual plans for ▇▇▇▇ Frost National Golf Course, ▇▇▇▇ ▇▇▇▇▇ Golf Course PRD, ▇▇▇▇ Frost Ski PRD, Boulder Lake Village Subdivision, Lake Shore Subdivision, Round Pond Subdivision, Pheasant Run and Slope Side Subdivision and agrees that said plans and developments do not interfere with Tenant's ski operations. Therefore, Tenant agrees as followsfollowing:
(1A) Landlord No Default or Event of Default shall have exist at the right time of the request or at the time of the Subdivision;
(B) Lender reasonably approves of all subdivision documents, including, without limitation, any plats or plans relating thereto and any documents establishing cross-easements at any time during or restrictive covenants, including, without limitation, Lender’s receipt and approval of all easements necessary to allow each of the term subdivided parcels access and cost sharing and use of this Leaseshared facilities for its use as an IBX Facility and Commercial Facility in compliance with all applicable Laws and Legal Requirements;
(C) The Subdivision complies with, or any extensions thereof, to enter and the Mortgaged Property being leased to Tenant and to have ingress, egress and regress for the purposes of access or construction of any structures, improvements, roads, utilities, storm water facilities or other subdivision or PRD improvements to be erected in, or under the Property for the Subdivisions of Landlord or any future Subdivisions developed whether adjacent after giving effect to the Property or not Subdivision will comply with, all Laws and to install the infrastructure or have others install the infrastructure for the benefit of said Subdivisions, provided that such location or use of the easement does not interfere with Tenant’s operation of a ski facility.Legal Requirements;
(2D) Landlord shall have the right to install upon the Property being leased to Tenant water, sewer, and utility lines and storm water controls for the purposes of the benefit of said Subdivisions. The expense for the construction of said water lines, sewer lines, utility lines, and storm water controls shall be the responsibility of Landlord provided that such location does not interfere with TenantAt Borrower’s operation of a ski facility.
(3) Landlord shall have the right to erect upon the Property being leased to Tenant any water towers, wells, storm water controls, water lines, sewer lines, which structures or equipment may permanently reside on or under the Property leased to Tenant, provided that such location does not interfere with Tenant’s operation of a ski facility. Landlord hereby reserves for itself, its customers, tenants, subtenants, licensees, grantees, successors and assigns, for the length of this lease or any renewal thereof, an easement for the withdrawal of water from the ▇▇▇▇▇ now located on the Property or to be installed on the Property leased to Tenant or which in the future may be located on the Property.
(4) Tenant agrees that all restrictions and requirements for all Subdivisions as imposed by ▇▇▇▇▇▇ Township, Pennsylvania Department of Environmental Protection, Carbon County Planning Commission, Delaware River Basin Commission, or any other federal, state or local governmental agency necessary for the completion, erection, or installation of improvements or structures within said Subdivisions which are a burden on the Property leased to Tenant shall be permitted by Tenant to be installed, erected or placed upon the Property being leased to Tenant, all of which shall be at the cost of Landlord.
(5) Tenant shall not interfere with the installation, erection, placement, use, repair, maintenance or replacement of any of the aforesaid structures, equipment, water lines, sewer lines, utility lines, storm water controls, by Landlord on the Property, provided that such installation, erection, placement, use, repair, maintenance or replacement does not interfere with the Tenant’s operation of a ski facility.
(6) Landlord shall have the right to construct access area (paths, walkways, ski paths, alleyways, cart path, ski runs, etc.) from its Subdivisions across, through and over the Property leased to Tenant some of which are to provide access to the Tenant’s Buildings and ski slopes, all of which access areas shall be maintained by Tenant. The location of such access areas shall be mutually agreed upon by Landlord and Tenant. The cost for construction of these access areas shall be paid by Landlord or their successors or assigns. All liability for these access areas after construction by Landlord shall be borne solely by Tenant. Tenant shall be responsible for snow-making for the access points to the Ski Area from the subdivisions during ski season to permit the residents of Landlord's developments to ski on and off the access ways from their developments for the portion of the access way on the Leased Premises, provided, however, Tenant shall only be obligated to use the then existing snow making equipment and shall be under no obligation to purchase additional snow making equipment for this purpose.
(7) A portion of the Leased Premises, as shown on Exhibit "O" (the "Boulder Lake Village PRD Area"), is intended by Landlord to be a portion of the Boulder Lake Village PRD project being developed by Landlord. That project will include one or more condominiums and planned communities. Landlord shall have the right to create such projects and condominiums communities and planned communities and to include the PRD Area as part of such community or communities. Landlord may cause the PRD Area to be one or more units (or a portion thereof) of such communities, ownership of which unit shall initially remain in Landlord. When such communities are created, if required by Landlord, Tenant shall execute an amendment to this Lease confirming that the PRD Area that is a portion of the Leased Premises shall be such unit. Tenant shall cause its liability insurance policies, as described in Paragraph 6 (a), to name, in addition to Landlord, the applicable condominium and homeowners' associations as additional insureds, and Tenant shall indemnify and hold harmless Landlord and those associations for any claims or damages resulting from Tenant's operations, whether or not insured.
(b) Tenant shall have the right to remove water from ponds or streams on the Property for the purposes only of making snow subject to all federal, state and local governmental rules and regulations including Delaware River Basin Commission .
(c) Landlord, their successors or assigns, shall have the right to provide treated water from Landlord’s sewage treatment plant for snow making to Tenant who shall accept such treated water and utilize it for snow making purposes.
(d) All ▇▇▇▇▇ on the Leased Premises shall remain the property of Landlord for Landlord's use. Upon central water being available to Tenant, Tenant shall connect to said central water system at Tenant's sole cost and expense. Until such central water system , the Title Company issues to Lender a date-down endorsement to the Title Policy insuring Lender’s first priority lien on the Mortgaged Property is available for Tenant's hookup Tenant shall use not impaired by the Subdivision, and updates to existing ▇▇▇▇▇ for drinking water.endorsements of the Title Policy, if applicable, or new endorsements as Lender may reasonably require, including, without limitation, a subdivision endorsement in form and substance acceptable to Lender;
(eE) A pump house exists on To the property of Landlord. extent the Mortgage needs to be revised to reflect such Subdivision in Lender’s reasonable discretion, Borrower and Borrower Representative shall deliver fully executed amendments to the Mortgage;
(F) The pump house provides pumps for water removal for snow-making for Lender shall have received such other documents, certificates, instruments, opinions or assurances as the Leased Premises. Lender may reasonably request; and
(G) The Tenant Borrower shall maintain its own pumps for water removal and its own electric meter for the pumps. Tenant shall be solely responsible for the repair, replacement and maintenance of pay all water lines on the Property, whether used by Tenant or Landlord, or its subsidiaries, affiliates or assigns, unless it is caused by Landlord, or its affiliates, negligence. Tenant shall also be solely responsible for the repair, replacement and maintenance of the pump house. Tenant shall be solely responsible for obtaining and preparing all information necessary for all reports to be submitted pertaining to water withdrawal from Big Boulder Lake or any other water source.
(f) Landlord, its agents, successors or assigns, shall have full access to any water lines or water pumps on the Property leased to Tenant at any time.
(g) Landlord reserves an unlimited easement or right of access on the Property to lay, reLender’s out-lay, install, inspect, operate, maintain, repair, alter, remove, renew, replace, add and keep any water or sewer lines in, over, under, upon and across the Property for the benefit of Landlord and adjacent landowners and Subdivisions, provided that these encumbrances do not interfere with the Tenant’s operation of a ski facility.
(h) Some of the current parking for the Leased Property is on lands of the Landlord or future Planned Communities or Condominium Projects. Tenant shall have the right to utilize those parking areas designated by Landlord until such time as Landlord notifies Tenant not to utilize such parking areas. Tenant shall be responsible to insure, repair and maintain such parking areas on the property of Landlord. All new areas for parking for Tenant on Tenant’s Leased Property shall be Tenant’s responsibility to repair, insure and maintain. Landlord shall, at no cost to Landlord, its licensees, tenants, guests or assigns, have the right, during nonof-ski season periods, to utilize the parking areas of Tenant. Tenant acknowledges and agrees that Landlord, for itself, its grantees, successors or assigns shall have an easement and a right to access, create, erect, improve, and install roadways through the existing parking areas of the Big Boulder Ski Resort to provide access and use to its Lake Shore development, Slope Side development and other future developments now or when such developments are created. Landlord shall not be responsible for replacing any parking spaces or parking areas currently in existence as a result of the creation, installation, improvement or erection of such roadways. Landlord shall further have full authority to install, at its expense, all traffic control devices as required by ▇▇▇▇▇▇ Township or any other governmental agency or as determined by Landlord to direct or control traffic on the said streets or through the parking lots on the Property.
(i) The term “road” or “roadways” utilized anywhere in this Lease shall include any storm water facilities associated with the construction of said roads or roadways and any traffic control devices or signs on or for said roads or roadways.
(j) All roadways, whether existing now or created, erected or installed in the future within the Leased Premises shall be for use by the public or by the residents of any development and shall be repaired, replaced, and maintained by Tenant including snow removal and anti-skid materials. The cost of the repair, maintenance and snow removal shall be shared between Tenant and any future subdivisions in accordance with Road Maintenance Agreements to be agreed upon between the parties. The current percentage of Tenant's responsibility is sixty-five percent (65%) of the costs.
(1) All permits for the withdrawal of water for snow-making purposes shall remain with Landlord. Tenant shall be responsible to reimburse Landlord for all labor, employee benefits, materials, permit fees, supplies or other pocket costs and expenses required to monitor and submit the necessary reports for the water withdrawal permits. Tenant shall provide all information and monitoring of water withdrawal required by Landlord to maintain said permits.
(2) Tenant shall read elapsed time meters daily at the same time each and every day, and shall inspect the monitoring pipe, and make sure that it is full. If it is not full, Tenant shall cease snow-making and all water withdrawals. Tenant shall provide all documentation requested by Landlord regarding water monitoring and water withdrawals. Landlord does not guarantee the availability of water for snow making.
(l) Throughout the Leased Premises are non-public access roads. Tenant shall repair and maintain all said access roads on the Leased Premises including snow removal. Landlord, at anytime, shall have full rights on ingress, egress and regress over, upon and through said access roads. No access road shall be terminated or blocked without Landlord's prior written permission which may be withheld at its sole discretion.
(m) Tenant acknowledges that Tenant has reviewed the existing Mt. Union cell tower lease and Tenant agrees to be responsible for all lease payments due Mt. Union.
(n) Landlord reserves the right at any time and from time to time to remove, relocate, or demolish existing facilities including but not limited to underground storage tanks, buildings, garages, concrete pads, parking areas, or existing equipment attach to a building or inground. Landlord shall restore or replace such equipment, buildings or facilities on the Leased Premises or shall provide additional area adjacent to the Leased Premises to the Tenant in size or value to that which is removed. Any buildings that are removed or demolished shall be replaced with buildings of a similar value except that Landlord shall have the unrestricted right without the requirement of replacement or reimbursement, to demolish the flightline building. Further, if Landlord shall decide to remove or demolish the Maintenance and Ski Patrol Building on the Property then Landlord shall pay to Tenant $500,000.00, as adjusted by the percentage of increase in the CPI in effect as of the date of this Agreement and the first day of the month in which Landlord demolishes the Maintenance and Ski Patrol Building, which shall compensate Tenant for all costs for a new building, moving expenses, equipment, survey, land development costs, engineering fees, attorneys fees, and all other costs and expenses associated in any way with Landlord taking and demolishing of the Maintenance and Ski Patrol Buildings. Landlord shall be responsible for obtaining the land development approvals. The costs, fee and expenses incurred by Landlord including the Lender in connection with such request for such Subdivision, including, without limitation, all recording costs, transfer taxes, title premiums and reasonable legal and engineering fees for obtaining said approvals shall be deducted by Landlord from the amount due Tenant abovefees, regardless of whether or not such Subdivision is consummated.
(o) Further, Landlord reserves the right at any time and from time to time to provide landscaping or screening including the erection of fences, barriers, earthen or other type of mounds to screen any structure, facility or equipment of Tenant at any location on the Leased Premises.
(p) Tenant's heavy equipment (over 20 tons), construction equipment or groomers shall not be permitted to enter upon any entrance road to any development of Landlord's or upon Big Boulder Drive except for snow removal.
(q) Tenant shall be solely responsible for the removal of sediment in Big Boulder Lake adjacent to Tenant's parking area. Removal of the sediment shall be done on at lease an annual basis. Tenant shall also be responsible for controlling water runoff through its parking lots to control water quality and water runoff into Big Boulder Lake.
Appears in 1 contract
Subdivision. 31.1. Within sixty (a60) days following the Effective Date, the Landlord is in will make application to the process subdivision authority for the City of subdividing portions of its land Medicine Hat for subdivisions and Planned Residential Developments the approval (hereinafter referred to as the “SubdivisionsSubdivision Approval”) some of which are part a plan of subdivision (the “Subdivision Plan”) in respect of the land which is being leased hereinLandlord’s Lands which, upon registration, will create the Lands as a separate and distinct legal parcel. The Landlord will keep the Tenant informed as to the progress and status of the Landlord’s subdivision application and, without limitation to the foregoing, will provide a copy of the subdivision application, including the proposed tentative plan of subdivision, before submitting the same to the subdivision approving authority, and part of it is other lands adjoining the Property being leased herein to Tenant. Tenant acknowledges that there are Subdivisions being prepared by Landlord and/or are in the process of having infrastructure installed or erected on the Property for said Subdivisions. Further, Tenant acknowledges that the Landlord or its affiliates may be the builder of some a copy of the homes and/or buildings to be constructed in said Subdivisions Subdivision Approval as and may have non-affiliated companies or individuals purchase lots and build homes and/or other structures in said Subdivisions. Further, Tenant acknowledges that there are numerous water, sewer, storm water, utilities and other easements associated with said Subdivisions that cross or will cross the Property being leased to Tenant. Tenant acknowledges that they have reviewed Landlord's development plans and conceptual plans for ▇▇▇▇ Frost National Golf Course, ▇▇▇▇ ▇▇▇▇▇ Golf Course PRD, ▇▇▇▇ Frost Ski PRD, Boulder Lake Village Subdivision, Lake Shore Subdivision, Round Pond Subdivision, Pheasant Run and Slope Side Subdivision and agrees that said plans and developments do not interfere with Tenant's ski operations. Therefore, Tenant agrees as follows:
(1) Landlord shall have the right and easements at any time during the term of this Lease, or any extensions thereof, to enter the Property being leased to Tenant and to have ingress, egress and regress for the purposes of access or construction of any structures, improvements, roads, utilities, storm water facilities or other subdivision or PRD improvements to be erected in, or under the Property for the Subdivisions of Landlord or any future Subdivisions developed whether adjacent to the Property or not and to install the infrastructure or have others install the infrastructure for the benefit of said Subdivisions, provided that such location or use of the easement does not interfere with Tenant’s operation of a ski facility.
(2) Landlord shall have the right to install upon the Property being leased to Tenant water, sewer, and utility lines and storm water controls for the purposes of the benefit of said Subdivisionswhen issued. The expense for the construction of said water linesLandlord will be responsible, sewer lines, utility lines, and storm water controls shall be the responsibility of Landlord provided that such location does not interfere with Tenant’s operation of a ski facility.
(3) Landlord shall have the right to erect upon the Property being leased to Tenant any water towers, wells, storm water controls, water lines, sewer lines, which structures or equipment may permanently reside on or under the Property leased to Tenant, provided that such location does not interfere with Tenant’s operation of a ski facility. Landlord hereby reserves for itself, at its customers, tenants, subtenants, licensees, grantees, successors and assigns, for the length of this lease or any renewal thereof, an easement for the withdrawal of water from the ▇▇▇▇▇ now located on the Property or to be installed on the Property leased to Tenant or which in the future may be located on the Property.
(4) Tenant agrees that all restrictions and requirements for all Subdivisions as imposed by ▇▇▇▇▇▇ Township, Pennsylvania Department of Environmental Protection, Carbon County Planning Commission, Delaware River Basin Commission, or any other federal, state or local governmental agency necessary for the completion, erection, or installation of improvements or structures within said Subdivisions which are a burden on the Property leased to Tenant shall be permitted by Tenant to be installed, erected or placed upon the Property being leased to Tenant, all of which shall be at the cost of Landlord.
(5) Tenant shall not interfere with the installation, erection, placement, use, repair, maintenance or replacement of any of the aforesaid structures, equipment, water lines, sewer lines, utility lines, storm water controls, by Landlord on the Property, provided that such installation, erection, placement, use, repair, maintenance or replacement does not interfere with the Tenant’s operation of a ski facility.
(6) Landlord shall have the right to construct access area (paths, walkways, ski paths, alleyways, cart path, ski runs, etc.) from its Subdivisions across, through and over the Property leased to Tenant some of which are to provide access to the Tenant’s Buildings and ski slopes, all of which access areas shall be maintained by Tenant. The location of such access areas shall be mutually agreed upon by Landlord and Tenant. The cost for construction of these access areas shall be paid by Landlord or their successors or assigns. All liability for these access areas after construction by Landlord shall be borne solely by Tenant. Tenant shall be responsible for snow-making for the access points to the Ski Area from the subdivisions during ski season to permit the residents of Landlord's developments to ski on and off the access ways from their developments for the portion of the access way on the Leased Premises, provided, however, Tenant shall only be obligated to use the then existing snow making equipment and shall be under no obligation to purchase additional snow making equipment for this purpose.
(7) A portion of the Leased Premises, as shown on Exhibit "O" (the "Boulder Lake Village PRD Area"), is intended by Landlord to be a portion of the Boulder Lake Village PRD project being developed by Landlord. That project will include one or more condominiums and planned communities. Landlord shall have the right to create such projects and condominiums communities and planned communities and to include the PRD Area as part of such community or communities. Landlord may cause the PRD Area to be one or more units (or a portion thereof) of such communities, ownership of which unit shall initially remain in Landlord. When such communities are created, if required by Landlord, Tenant shall execute an amendment to this Lease confirming that the PRD Area that is a portion of the Leased Premises shall be such unit. Tenant shall cause its liability insurance policies, as described in Paragraph 6 (a), to name, in addition to Landlord, the applicable condominium and homeowners' associations as additional insureds, and Tenant shall indemnify and hold harmless Landlord and those associations for any claims or damages resulting from Tenant's operations, whether or not insured.
(b) Tenant shall have the right to remove water from ponds or streams on the Property for the purposes only of making snow subject to all federal, state and local governmental rules and regulations including Delaware River Basin Commission .
(c) Landlord, their successors or assigns, shall have the right to provide treated water from Landlord’s sewage treatment plant for snow making to Tenant who shall accept such treated water and utilize it for snow making purposes.
(d) All ▇▇▇▇▇ on the Leased Premises shall remain the property of Landlord for Landlord's use. Upon central water being available to Tenant, Tenant shall connect to said central water system at Tenant's sole cost and expense. Until such central water system is available for Tenant's hookup Tenant shall use the existing ▇▇▇▇▇ for drinking water.
(e) A pump house exists on the property of Landlord. The pump house provides pumps for water removal for snow-making , for the Leased Premisessatisfaction of any conditions of approval to the Subdivision Approval, including without limitation, the payment of any off-site levies and the dedication of reserves (or payment of cash in lieu thereof), and will make all reasonable commercial efforts to obtain the Subdivision Approval and to cause the Subdivision Plan to be registered as soon as reasonably practicable thereafter. Any easements, rights of way or other interests to be granted in respect of the Lands in connection with the aforesaid subdivision will be approved by the Tenant, acting reasonably. The Tenant shall maintain its own pumps for water removal will reimburse the Landlord in respect of the Landlord’s out of pocket costs and its own electric meter expenses reasonably incurred in connection with the submission of the application for the pumpssubdivision approval and in preparing and registering the Subdivision Plan. Tenant shall be solely responsible for the repair, replacement and maintenance of all water lines on the Property, whether used by Tenant or Landlord, or its subsidiaries, affiliates or assigns, unless it is caused by Landlord, or its affiliates, negligence. Tenant shall also be solely responsible for the repair, replacement and maintenance Upon registration of the pump house. Subdivision Plan, the Tenant shall be solely responsible for obtaining and preparing all information necessary for all reports will promptly discharge (except as to be submitted pertaining to water withdrawal from Big Boulder Lake or any other water source.
(f) Landlord, its agents, successors or assigns, shall have full access to any water lines or water pumps on the Property leased to Tenant at any time.
(g) Landlord reserves an unlimited easement or right of access on the Property to lay, re-lay, install, inspect, operate, maintain, repair, alter, remove, renew, replace, add and keep any water or sewer lines in, over, under, upon and across the Property for the benefit of Landlord and adjacent landowners and Subdivisions, provided that these encumbrances do not interfere with the Tenant’s operation of a ski facility.
(h) Some of the current parking for the Leased Property is on lands of the Landlord or future Planned Communities or Condominium Projects. Tenant shall have the right to utilize those parking areas designated by Landlord until such time as Landlord notifies Tenant not to utilize such parking areas. Tenant shall be responsible to insure, repair and maintain such parking areas on the property of Landlord. All new areas for parking for Tenant on Tenant’s Leased Property shall be Tenant’s responsibility to repair, insure and maintain. Landlord shall, at no cost to Landlord, its licensees, tenants, guests or assigns, have the right, during non-ski season periods, to utilize the parking areas of Tenant. Tenant acknowledges and agrees that Landlord, for itself, its grantees, successors or assigns shall have an easement and a right to access, create, erect, improve, and install roadways through the existing parking areas of the Big Boulder Ski Resort to provide access and use to its Lake Shore development, Slope Side development and other future developments now or when such developments are created. Landlord shall not be responsible for replacing any parking spaces or parking areas currently in existence as a result of the creation, installation, improvement or erection of such roadways. Landlord shall further have full authority to installLands), at its sole cost and expense, all traffic control devices as required by ▇▇▇▇▇▇ Township any caveat, encumbrance, lien, charge or any other governmental agency instrument which the Tenant may have registered or as determined by Landlord caused to direct or control traffic on be registered against the said streets or through title to the parking lots on Landlord’s Lands, save and except a caveat in respect of the Property.
(i) The term “road” or “roadways” utilized anywhere in this Lease shall include any storm water facilities associated with the construction of said roads or roadways easement granted pursuant to clause 32.1 and any traffic control devices caveat or signs on or for said roads or roadways.
(j) All roadways, whether existing now or created, erected or installed easement registered in the future within the Leased Premises shall be for use respect of any easement agreement entered into by the public or by the residents of any development and shall be repaired, replaced, and maintained by Tenant including snow removal and anti-skid materials. The cost of the repair, maintenance and snow removal shall be shared between Tenant and any future subdivisions in accordance with Road Maintenance Agreements Parties pursuant to be agreed upon between the parties. The current percentage of Tenant's responsibility is sixty-five percent (65%) of the costsclause 32.7.
(1) All permits for the withdrawal of water for snow-making purposes shall remain with Landlord. Tenant shall be responsible to reimburse Landlord for all labor, employee benefits, materials, permit fees, supplies or other costs and expenses required to monitor and submit the necessary reports for the water withdrawal permits. Tenant shall provide all information and monitoring of water withdrawal required by Landlord to maintain said permits.
(2) Tenant shall read elapsed time meters daily at the same time each and every day, and shall inspect the monitoring pipe, and make sure that it is full. If it is not full, Tenant shall cease snow-making and all water withdrawals. Tenant shall provide all documentation requested by Landlord regarding water monitoring and water withdrawals. Landlord does not guarantee the availability of water for snow making.
(l) Throughout the Leased Premises are non-public access roads. Tenant shall repair and maintain all said access roads on the Leased Premises including snow removal. Landlord, at anytime, shall have full rights on ingress, egress and regress over, upon and through said access roads. No access road shall be terminated or blocked without Landlord's prior written permission which may be withheld at its sole discretion.
(m) Tenant acknowledges that Tenant has reviewed the existing Mt. Union cell tower lease and Tenant agrees to be responsible for all lease payments due Mt. Union.
(n) Landlord reserves the right at any time and from time to time to remove, relocate, or demolish existing facilities including but not limited to underground storage tanks, buildings, garages, concrete pads, parking areas, or existing equipment attach to a building or inground. Landlord shall restore or replace such equipment, buildings or facilities on the Leased Premises or shall provide additional area adjacent to the Leased Premises to the Tenant in size or value to that which is removed. Any buildings that are removed or demolished shall be replaced with buildings of a similar value except that Landlord shall have the unrestricted right without the requirement of replacement or reimbursement, to demolish the flightline building. Further, if Landlord shall decide to remove or demolish the Maintenance and Ski Patrol Building on the Property then Landlord shall pay to Tenant $500,000.00, as adjusted by the percentage of increase in the CPI in effect as of the date of this Agreement and the first day of the month in which Landlord demolishes the Maintenance and Ski Patrol Building, which shall compensate Tenant for all costs for a new building, moving expenses, equipment, survey, land development costs, engineering fees, attorneys fees, and all other costs and expenses associated in any way with Landlord taking and demolishing of the Maintenance and Ski Patrol Buildings. Landlord shall be responsible for obtaining the land development approvals. The costs, fee and expenses incurred by Landlord including legal and engineering fees for obtaining said approvals shall be deducted by Landlord from the amount due Tenant above.
(o) Further, Landlord reserves the right at any time and from time to time to provide landscaping or screening including the erection of fences, barriers, earthen or other type of mounds to screen any structure, facility or equipment of Tenant at any location on the Leased Premises.
(p) Tenant's heavy equipment (over 20 tons), construction equipment or groomers shall not be permitted to enter upon any entrance road to any development of Landlord's or upon Big Boulder Drive except for snow removal.
(q) Tenant shall be solely responsible for the removal of sediment in Big Boulder Lake adjacent to Tenant's parking area. Removal of the sediment shall be done on at lease an annual basis. Tenant shall also be responsible for controlling water runoff through its parking lots to control water quality and water runoff into Big Boulder Lake.
Appears in 1 contract
Sources: Lease (Hut 8 Corp.)
Subdivision. (a) Landlord is in the process of subdividing portions of its land for subdivisions and Planned Residential Developments (hereinafter referred to as “Subdivisions”) some of which are part of the land which is being leased herein, and part of it is other lands adjoining the Property being leased herein to Tenant. Tenant acknowledges that there are Subdivisions being prepared by Landlord and/or are in the process of having infrastructure installed or erected on the Property for said Subdivisions. Further, Tenant acknowledges that the Landlord or its affiliates may be the builder of some of the homes and/or buildings to be constructed in said Subdivisions and may have non-affiliated companies or individuals purchase lots and build homes and/or other structures in said Subdivisions. Further, Tenant acknowledges that there are numerous water, sewer, storm water, utilities and other easements associated with said Subdivisions that cross or will cross the Property being leased to Tenant. Tenant acknowledges that they have reviewed Landlord's development plans and conceptual plans for ▇▇▇▇ Frost National Golf CourseCourse , ▇▇▇▇ ▇▇▇▇▇ Golf Course PRD, ▇▇▇▇ Frost Ski PRD, Boulder Lake Village Subdivision, Lake Shore Subdivision, Round Pond Subdivision, Pheasant Run and Slope Side Subdivision and agrees that said plans and developments do not interfere with Tenant's ski operations. ., Therefore, Tenant agrees as follows:
(1) Landlord shall have the right and easements at any time during the term of this Lease, or any extensions thereof, to enter the Property being leased to Tenant and to have ingress, egress and regress for the purposes of access or construction of any structures, improvements, roads, utilities, storm water facilities or other subdivision or PRD improvements to be erected in, or under the Property for the Subdivisions of Landlord or any future Subdivisions developed whether adjacent to the Property or not and to install the infrastructure or have others install the infrastructure for the benefit of said Subdivisions, provided that such location or use of the easement does not interfere with Tenant’s operation of a ski facility.
(2) Landlord shall have the right to install upon the Property being leased to Tenant water, sewer, and utility lines and storm water controls for the purposes of the benefit of said Subdivisions. The expense for the construction of said water lines, sewer lines, utility lines, and storm water controls shall be the responsibility of Landlord provided that such location does not interfere with Tenant’s operation of a ski facility.
(3) Landlord shall have the right to erect upon the Property being leased to Tenant any water towers, wells, storm water controls, water lines, sewer lines, which structures or equipment may permanently reside on or under the Property leased to Tenant, provided that such location does not interfere with Tenant’s operation of a ski facility. Landlord hereby reserves for itself, its customers, tenants, subtenants, licensees, grantees, successors and assigns, for the length of this lease or any renewal thereof, an easement for the withdrawal of water from the ▇▇▇▇▇ now located on the Property or to be installed on the Property leased to Tenant or which in the future may be located on the Property.
(4) Tenant agrees that all restrictions and requirements for all Subdivisions as imposed by ▇▇▇▇▇▇ Township, Pennsylvania Department of Environmental Protection, Carbon County Planning Commission, Delaware River Basin Commission, or any other federal, state or local governmental agency necessary for the completion, erection, or installation of improvements or structures within said Subdivisions which are a burden on the Property leased to Tenant shall be permitted by Tenant to be installed, erected or placed upon the Property being leased to Tenant, all of which shall be at the cost of Landlord.
(5) Tenant shall not interfere with the installation, erection, placement, use, repair, maintenance or replacement of any of the aforesaid structures, equipment, water lines, sewer lines, utility lines, storm water controls, by Landlord on the Property, provided that such installation, erection, placement, use, repair, maintenance or replacement does not interfere with the Tenant’s operation of a ski facility.
(6) Landlord shall have the right to construct access area (paths, walkways, ski paths, alleyways, cart path, ski runs, etc.) from its Subdivisions across, through and over the Property leased to Tenant some of which are to provide access to the Tenant’s Buildings and ski slopes, all of which access areas shall be maintained by Tenant. The location of such access areas shall be mutually agreed upon by Landlord and Tenant. The cost for construction of these access areas shall be paid by Landlord or their successors or assigns. All liability for these access areas after construction by Landlord shall be borne solely by Tenant. Tenant shall be responsible for snow-making for the access points to the Ski Area from the subdivisions during ski season to permit the residents of Landlord's developments to ski on and off the access ways from their developments for the portion of the access way on the Leased Premises, provided, however, Tenant shall only be obligated to use the then existing snow making equipment and shall be under no obligation to purchase additional snow making equipment for this purpose.
(7) A portion of the Leased Premises, as shown on Exhibit "O" (the "Boulder Lake Village ▇▇▇▇ ▇▇▇▇▇ Ski PRD Area"), is intended by Landlord to be a portion of the Boulder Lake Village ▇▇▇▇ Frost PRD project being developed by Landlord. That project will include one or more condominiums and planned communities. Landlord shall have the right to create such projects and condominiums communities and planned communities and to include the PRD Area as part of such community or communities. Landlord may cause the PRD Area to be one or more units (or a portion thereof) of such communities, ownership of which unit shall initially remain in Landlord. When such communities are created, if required by Landlord, Tenant shall execute an amendment to this Lease confirming that the PRD Area that is a portion of the Leased Premises shall be such unit. Tenant shall cause its liability insurance policies, as described in Paragraph 6 (a), to name, in addition to Landlord, the applicable condominium and homeowners' associations as additional insureds, and Tenant shall indemnify and hold harmless Landlord and those associations for any claims or damages resulting from Tenant's operations, whether or not insured.
(b) Tenant shall have the right to remove water from ponds or streams on the Property for the purposes only of making snow subject to all federal, state and local governmental rules and regulations including Delaware River Basin Commission Commission.
(c) Landlord, their successors or assigns, shall have the right to provide treated water from Landlord’s sewage treatment plant for snow making to Tenant who shall accept such treated water and utilize it for snow making purposes.
(d) All ▇▇▇▇▇ on the Leased Premises shall remain the property of Landlord for Landlord's use. Upon central water being available to Tenant, Tenant shall connect to said central water system at Tenant's sole cost and expense. Until such central water system is available for Tenant's hookup Tenant shall use the existing ▇▇▇▇▇ for drinking water.
(e) A pump house exists on the property of Landlordleased to Tenant. The pump house provides pumps for water removal for snow-making for the Leased PremisesProperty. The pump house also provides water lines for the water provided for irrigation to the golf course entity. The golf course entity shall be entitled to access the pump house and have full use of and access to all water lines at no cost to Landlord or the golf course entity. The golf course entity shall maintain its own pumps and electrical meter for electricity for the pumps. The Tenant shall maintain its own pumps for water removal and its own electric meter for the pumps. Tenant shall be solely responsible for the repair, replacement and maintenance of all water lines on the Property, whether used by Tenant or Landlord, or its subsidiaries, affiliates or assignsassigns or the golf course entity, unless it is caused by Landlord’s, or its affiliates, negligence. Tenant shall also be solely responsible for the repair, replacement and maintenance of the pump house. Tenant shall be solely responsible for obtaining and preparing all information necessary for all reports to be submitted pertaining to water withdrawal from Big Boulder Lake the Tobyhanna Creek or any other water source. The parties further agree that the road to the pump house shall be retained by Landlord, but maintained, repaired, insured, and plowed of snow by Tenant. Further, Tenant shall not have the exclusive use of this roadway, but shall share its use with Landlord, its licensees, tenants, guests or assigns and the golf course entity. Either party will have the right to use poles on the Property or off the Property along the pump house road of the other for utilities.
(f) Landlord, its agents, successors or assigns, shall have full access to any water lines or water pumps on the Property leased to Tenant at any time.
(g) Landlord reserves an unlimited easement or right of access on the Property to lay, re-lay, install, inspect, operate, maintain, repair, alter, remove, renew, replace, add and keep any water or sewer lines in, over, under, upon and across the Property for the benefit of Landlord and adjacent landowners and Subdivisions, provided that these encumbrances do not interfere with the Tenant’s operation of a ski facility.
(h) Some of the current parking for the Leased Property is on lands of the Landlord or future Planned Communities or Condominium Projects. Tenant shall have the right to utilize those parking areas designated by Landlord until such time as Landlord notifies Tenant not to utilize such parking areas. Tenant shall be responsible to insure, repair and maintain such parking areas on the property of Landlord. All new areas for parking for Tenant on Tenant’s Leased Property shall be Tenant’s responsibility to repair, insure and maintain. New parking areas as shown on Exhibit "L" will be prepared by Landlord as needed, as existing areas are closed or blocked. Landlord shall, at no cost to Landlord, its licensees, tenants, guests or assigns, have the right, during non-ski season periods, to utilize the parking areas of Tenant. Tenant acknowledges for the golf course parking and agrees that Landlord, for itself, golf course access or other uses associated with its grantees, successors developments or assigns shall have an easement and a right to access, create, erect, improve, and install roadways through the existing parking areas of the Big Boulder Ski Resort to provide access and use to its Lake Shore development, Slope Side development and other future developments now or when such developments are created. Landlord shall not be responsible for replacing any parking spaces or parking areas currently in existence as a result of the creation, installation, improvement or erection of such roadways. Landlord shall further have full authority to install, at its expense, all traffic control devices as required by ▇▇▇▇▇▇ Township or any other governmental agency or as determined by Landlord to direct or control traffic on the said streets or through the parking lots on the Propertydevelopments.
(i) The term “road” or “roadways” utilized anywhere in this Lease lease shall include any storm water facilities associated with the construction of said roads or roadways and any traffic control devices or signs on or for said roads or roadways.
(j) All roadways, whether existing now or created, erected or installed in the future within the Leased Premises shall be for use by the public or by the residents of any development and shall be repaired, replaced, and maintained by Tenant including snow removal and anti-skid materials. The cost of the repair, maintenance and snow removal shall be shared between Tenant and any future subdivisions in accordance with Road Maintenance Agreements to be agreed upon between the parties. The current percentage of Tenant's responsibility is sixty-five percent (65%) of the costs.
(1) All permits for the withdrawal of water for snow-making purposes or for golf course irrigation shall remain with Landlord. Tenant shall be responsible to reimburse Landlord for all labor, employee benefits, materials, permit fees, supplies or other costs and expenses required to monitor and submit the necessary reports for the water withdrawal permits. Tenant shall provide all information and monitoring of water withdrawal required by Landlord to maintain said permits.
(2) Tenant shall be responsible to read elapsed time the pump meters and record the meter readings daily at the same time each and every day. Tenant shall go to the U.S.G.S. web site and print out the Tobyhanna Creek’s monitoring station daily report. If the monitoring station is below 22.4 cfs, all water withdrawals must cease immediately. Tenant shall be responsible for and shall inspect the monitoring pipe, and make sure that it is full. If it is not full, Tenant shall cease snow-making and pay for all water withdrawalswithdrawn. Tenant shall provide all documentation requested by Landlord regarding water monitoring and water withdrawals. Landlord does not guarantee the availability of water for snow snow-making.
(lk) Throughout the Leased Premises are non-public access roads. Tenant shall repair and maintain all said access roads on the Leased Premises including snow removal. Landlord, at anytime, shall have full rights on ingress, egress and regress over, upon and through said access roads. No access road shall be terminated or blocked without Landlord's prior written permission which may be withheld at its sole discretion.
(m) Tenant acknowledges that Tenant has reviewed the existing Mt. Union cell tower lease and Tenant agrees to be responsible for all lease payments due Mt. Union.
(nl) Landlord reserves the right at any time and from time to time to remove, relocate, or demolish existing facilities including but not limited to underground storage tanks, buildings, garages, concrete pads, parking areas, or existing equipment attach to a building or inground. Landlord shall restore or replace such equipment, buildings or facilities on the Leased Premises or shall provide additional area adjacent to the Leased Premises to the Tenant in size or value to that which is removed. Any buildings that are removed or demolished shall be replaced with buildings of a similar value except that Landlord shall have the unrestricted right without the requirement of replacement or reimbursement, to demolish the flightline building. Further, if Landlord shall decide to remove or demolish the Maintenance and Ski Patrol Building on the Property then Landlord shall pay to Tenant $500,000.00, as adjusted by the percentage of increase in the CPI in effect as of the date of this Agreement and the first day of the month in which Landlord demolishes the Maintenance and Ski Patrol Building, which shall compensate Tenant for all costs for a new building, moving expenses, equipment, survey, land development costs, engineering fees, attorneys fees, and all other costs and expenses associated in any way with Landlord taking and demolishing of the Maintenance and Ski Patrol Buildings. Landlord shall be responsible for obtaining the land development approvals. The costs, fee and expenses incurred by Landlord including legal and engineering fees for obtaining said approvals shall be deducted by Landlord from the amount due Tenant above.
(o) Further, Landlord reserves the right at any time and from time to time to provide landscaping or screening including the erection of fences, barriers, earthen or other type of mounds to screen any structure, facility or equipment of Tenant at any location on the Leased Premises.
(pm) Tenant's heavy equipment (over 20 tons), construction equipment or groomers shall not be permitted to enter upon any entrance road to any development of Landlord's or upon Big Boulder Drive ▇▇▇▇ ▇▇▇▇▇ Mountain Road or Road "C" except for snow removal.
(q) Tenant shall be solely responsible for the removal of sediment in Big Boulder Lake adjacent to Tenant's parking area. Removal of the sediment shall be done on at lease an annual basis. Tenant shall also be responsible for controlling water runoff through its parking lots to control water quality and water runoff into Big Boulder Lake.
Appears in 1 contract
Subdivision. (a) Landlord is in the process of subdividing portions of its land for subdivisions and Planned Residential Developments (hereinafter referred to as “Subdivisions”) some of which are part of the land which is being leased herein, and part of it is other lands adjoining the Property being leased herein to Tenant. Tenant acknowledges that there are Subdivisions being prepared by Landlord and/or are in the process of having infrastructure installed or erected on the Property for said Subdivisions. Further, Tenant Buyer acknowledges that the Landlord or its affiliates may be the builder of some recording of the homes and/or buildings to be constructed in said Subdivisions Subdivision (defined below), signed by the applicable governmental authorities, Seller and may have non-affiliated companies or individuals purchase lots and build homes and/or any other structures in said Subdivisions. Further, Tenant acknowledges that there are numerous water, sewer, storm water, utilities and other easements associated with said Subdivisions that cross or will cross the Property being leased to Tenant. Tenant acknowledges that they have reviewed Landlord's development plans and conceptual plans for ▇▇▇▇ Frost National Golf Course, ▇▇▇▇ ▇▇▇▇▇ Golf Course PRD, ▇▇▇▇ Frost Ski PRD, Boulder Lake Village Subdivision, Lake Shore Subdivision, Round Pond Subdivision, Pheasant Run and Slope Side Subdivision and agrees that said plans and developments do not interfere with Tenant's ski operations. Therefore, Tenant agrees as follows:
(1) Landlord shall have the right and easements at any time during the term of this Lease, or any extensions thereof, to enter the Property being leased to Tenant and to have ingress, egress and regress for the purposes of access or construction of any structures, improvements, roads, utilities, storm water facilities or other subdivision or PRD improvements to be erected in, or under the Property for the Subdivisions of Landlord or any future Subdivisions developed whether adjacent to the Property or not and to install the infrastructure or have others install the infrastructure for the benefit of said Subdivisions, provided that such location or use of the easement does not interfere with Tenant’s operation of a ski facility.
(2) Landlord shall have the right to install upon the Property being leased to Tenant water, sewer, and utility lines and storm water controls for the purposes of the benefit of said Subdivisions. The expense for the construction of said water lines, sewer lines, utility lines, and storm water controls required signatory shall be the responsibility of Landlord provided that such location does not interfere with Tenanta condition to Seller’s operation of a ski facility.
(3) Landlord shall have the right obligation to erect upon the Property being leased to Tenant any water towers, wells, storm water controls, water lines, sewer lines, which structures or equipment may permanently reside on or under the Property leased to Tenant, provided that such location does not interfere with Tenant’s operation of a ski facility. Landlord hereby reserves for itself, its customers, tenants, subtenants, licensees, grantees, successors and assigns, for the length of this lease or any renewal thereof, an easement for the withdrawal of water from the ▇▇▇▇▇ now located on the Property or to be installed on the Property leased to Tenant or which in the future may be located close on the Property.
(4. Buyer shall obtain and record a legal subdivision as required by the applicable governmental authority(ies) Tenant agrees that all restrictions and requirements for all Subdivisions as imposed by ▇▇▇▇▇▇ Township, Pennsylvania Department of Environmental Protection, Carbon County Planning Commission, Delaware River Basin Commission, or any other federal, state or local governmental agency necessary for the completion, erection, or installation of improvements or structures within said Subdivisions which are a burden on to legally subdivide the Property leased and Seller’s Remaining Property (the “Subdivision”), so each property is a single and separate legal parcel prior to Tenant Closing and provides access to utilities to Seller’s Remaining Property. Buyer shall be permitted by Tenant to be installed, erected or placed upon the Property being leased to Tenant, all of which shall be at bear the cost of Landlord.
preparing and recording the Subdivision. Within thirty (30) days of the Effective Date, Buyer shall deliver to Seller a proposed preliminary Subdivision of the Property, for Seller’s review and Approval (“Preliminary Subdivision”). Within five (5) Tenant Business Days from Seller’s receipt of the Preliminary Subdivision, Seller will provide written notice to Buyer of Seller’s approval or disapproval of the Preliminary Subdivision specifying, if applicable, the revisions necessary for Seller’s approval. If Seller has disapproved the Preliminary Subdivision, then Buyer will revise the Preliminary Subdivision with Seller’s required revisions and resubmit same to Seller no later than five (5) Business Days for Seller’s review and this process will be repeated until the Preliminary Subdivision is acceptable to Seller (as approved, the “Proposed Subdivision”). Within five (5) Business Days from receipt of Seller’s approval of the Proposed Subdivision, Seller will submit same to the applicable governmental authority(ies) and shall not interfere with obtain all applicable governmental authorities’ approval of the installation, erection, placement, use, repair, maintenance or replacement Proposed Subdivision. Buyer will keep Seller apprised of the status of the subdivision process and will notify Seller of any meetings or hearings relating to the approval of the aforesaid structuresProposed Subdivision. If any governmental authority requires changes to the Proposed Subdivision, equipmentincluding any dedications, water linesrestrictions, sewer lineseasements, utility linesor exactions, storm water controls, by Landlord on the Property, provided that then Buyer will notify Seller within five (5) Business Days of Buyer’s notice of such installation, erection, placement, use, repair, maintenance or replacement required changes. If Seller does not interfere with the Tenant’s operation of a ski facility.
(6approve such change(s) Landlord shall have the right to construct access area (paths, walkways, ski paths, alleyways, cart path, ski runs, etc.) from its Subdivisions across, through and over the Property leased to Tenant some of which are to provide access to the TenantProposed Subdivision required by the applicable governmental authority, within ten (10) days from Seller’s Buildings receipt of the same, then either Buyer or Seller may terminate this Agreement by delivering written notice to the other party, with a copy to the Title Company no later than ten (10) days after expiration of the ten (10) day period. Upon termination of the Agreement, pursuant to this Section, the Deposit will be promptly returned to Buyer if such termination occurs during the Inspection Period and ski slopesthe Deposit will be remitted to Seller if such termination occurs after the expiration of the Inspection Period and the parties will have no further rights, all duties, or obligations under this Agreement other than those obligations that expressly survive termination of which access areas shall this Agreement. If Buyer has not obtained and recorded the Subdivision prior to Closing, Seller may extend the Closing Date for a reasonable time not to exceed one hundred fifty (150) days from the Effective Date at Seller’s discretion to permit Buyer to continue Buyer’s efforts to obtain and record the Subdivision or terminate this Agreement pursuant to this Section and the Deposit will be maintained by Tenantremitted to Seller and the and the parties will have no further rights, duties, or obligations under this Agreement other than those obligations that expressly survive termination of this Agreement. The location of such access areas shall be mutually agreed upon by Landlord and Tenant. The cost for construction of these access areas shall be paid by Landlord or their successors or assigns. All liability for these access areas after construction by Landlord shall be borne solely by Tenant. Tenant shall be responsible for snow-making for the access points to the Ski Area from the subdivisions during ski season to permit the residents of Landlord's developments to ski on and off the access ways from their developments for the portion recorded Subdivision information of the access way on the Leased Premises, provided, however, Tenant shall only be obligated to use the then existing snow making equipment and shall be under no obligation to purchase additional snow making equipment for this purpose.
(7) A portion of the Leased Premises, as shown on Exhibit "O" (the "Boulder Lake Village PRD Area"), is intended by Landlord to be a portion of the Boulder Lake Village PRD project being developed by Landlord. That project will include one or more condominiums and planned communities. Landlord shall have the right to create such projects and condominiums communities and planned communities and to include the PRD Area as part of such community or communities. Landlord may cause the PRD Area to be one or more units (or a portion thereof) of such communities, ownership of which unit shall initially remain in Landlord. When such communities are created, if required by Landlord, Tenant shall execute an amendment to this Lease confirming that the PRD Area that is a portion of the Leased Premises shall be such unit. Tenant shall cause its liability insurance policies, as described in Paragraph 6 (a), to name, in addition to Landlord, the applicable condominium and homeowners' associations as additional insureds, and Tenant shall indemnify and hold harmless Landlord and those associations for any claims or damages resulting from Tenant's operations, whether or not insured.
(b) Tenant shall have the right to remove water from ponds or streams on the Property for the purposes only of making snow subject to all federal, state and local governmental rules and regulations including Delaware River Basin Commission .
(c) Landlord, their successors or assigns, shall have the right to provide treated water from Landlord’s sewage treatment plant for snow making to Tenant who shall accept such treated water and utilize it for snow making purposes.
(d) All ▇▇▇▇▇ on the Leased Premises shall remain the property of Landlord for Landlord's use. Upon central water being available to Tenant, Tenant shall connect to said central water system at Tenant's sole cost and expense. Until such central water system is available for Tenant's hookup Tenant shall use the existing ▇▇▇▇▇ for drinking water.
(e) A pump house exists on the property of Landlord. The pump house provides pumps for water removal for snow-making for the Leased Premises. The Tenant shall maintain its own pumps for water removal and its own electric meter for the pumps. Tenant shall be solely responsible for the repair, replacement and maintenance of all water lines on the Property, whether used by Tenant or Landlord, or its subsidiaries, affiliates or assigns, unless it is caused by Landlord, or its affiliates, negligence. Tenant shall also be solely responsible for the repair, replacement and maintenance of the pump house. Tenant shall be solely responsible for obtaining and preparing all information necessary for all reports to be submitted pertaining to water withdrawal from Big Boulder Lake or any other water source.
(f) Landlord, its agents, successors or assigns, shall have full access to any water lines or water pumps on the Property leased to Tenant at any time.
(g) Landlord reserves an unlimited easement or right of access on the Property to lay, re-lay, install, inspect, operate, maintain, repair, alter, remove, renew, replace, add and keep any water or sewer lines in, over, under, upon and across the Property for the benefit of Landlord and adjacent landowners and Subdivisions, provided that these encumbrances do not interfere with the Tenant’s operation of a ski facility.
(h) Some of the current parking for the Leased Property is on lands of the Landlord or future Planned Communities or Condominium Projects. Tenant shall have the right to utilize those parking areas designated by Landlord until such time as Landlord notifies Tenant not to utilize such parking areas. Tenant shall be responsible to insure, repair and maintain such parking areas on the property of Landlord. All new areas for parking for Tenant on Tenant’s Leased Property shall be Tenant’s responsibility to repairused in the Title Commitment, insure and maintain. Landlord shall, at no cost to Landlord, its licensees, tenants, guests or assigns, have the right, during non-ski season periods, to utilize the parking areas of Tenant. Tenant acknowledges and agrees that Landlord, for itself, its grantees, successors or assigns shall have an easement and a right to access, create, erect, improveDeed, and install roadways through the existing parking areas of the Big Boulder Ski Resort to provide access and use to its Lake Shore development, Slope Side development and other future developments now or when such developments are created. Landlord shall not be responsible for replacing any parking spaces or parking areas currently in existence as a result of the creation, installation, improvement or erection of such roadways. Landlord shall further have full authority to install, at its expense, all traffic control devices as required by ▇▇▇▇▇▇ Township or any other governmental agency or as determined by Landlord to direct or control traffic on the said streets or through the parking lots on the Property.
(i) The term “road” or “roadways” utilized anywhere in this Lease shall include any storm water facilities associated with the construction of said roads or roadways and any traffic control devices or signs on or for said roads or roadways.
(j) All roadways, whether existing now or created, erected or installed in the future within the Leased Premises shall be for use by the public or by the residents of any development and shall be repaired, replaced, and maintained by Tenant including snow removal and anti-skid materials. The cost of the repair, maintenance and snow removal shall be shared between Tenant and any future subdivisions in accordance with Road Maintenance Agreements document that is required to be agreed upon between the parties. The current percentage of Tenant's responsibility is sixty-five percent (65%) of the costsexecuted for this transaction.
(1) All permits for the withdrawal of water for snow-making purposes shall remain with Landlord. Tenant shall be responsible to reimburse Landlord for all labor, employee benefits, materials, permit fees, supplies or other costs and expenses required to monitor and submit the necessary reports for the water withdrawal permits. Tenant shall provide all information and monitoring of water withdrawal required by Landlord to maintain said permits.
(2) Tenant shall read elapsed time meters daily at the same time each and every day, and shall inspect the monitoring pipe, and make sure that it is full. If it is not full, Tenant shall cease snow-making and all water withdrawals. Tenant shall provide all documentation requested by Landlord regarding water monitoring and water withdrawals. Landlord does not guarantee the availability of water for snow making.
(l) Throughout the Leased Premises are non-public access roads. Tenant shall repair and maintain all said access roads on the Leased Premises including snow removal. Landlord, at anytime, shall have full rights on ingress, egress and regress over, upon and through said access roads. No access road shall be terminated or blocked without Landlord's prior written permission which may be withheld at its sole discretion.
(m) Tenant acknowledges that Tenant has reviewed the existing Mt. Union cell tower lease and Tenant agrees to be responsible for all lease payments due Mt. Union.
(n) Landlord reserves the right at any time and from time to time to remove, relocate, or demolish existing facilities including but not limited to underground storage tanks, buildings, garages, concrete pads, parking areas, or existing equipment attach to a building or inground. Landlord shall restore or replace such equipment, buildings or facilities on the Leased Premises or shall provide additional area adjacent to the Leased Premises to the Tenant in size or value to that which is removed. Any buildings that are removed or demolished shall be replaced with buildings of a similar value except that Landlord shall have the unrestricted right without the requirement of replacement or reimbursement, to demolish the flightline building. Further, if Landlord shall decide to remove or demolish the Maintenance and Ski Patrol Building on the Property then Landlord shall pay to Tenant $500,000.00, as adjusted by the percentage of increase in the CPI in effect as of the date of this Agreement and the first day of the month in which Landlord demolishes the Maintenance and Ski Patrol Building, which shall compensate Tenant for all costs for a new building, moving expenses, equipment, survey, land development costs, engineering fees, attorneys fees, and all other costs and expenses associated in any way with Landlord taking and demolishing of the Maintenance and Ski Patrol Buildings. Landlord shall be responsible for obtaining the land development approvals. The costs, fee and expenses incurred by Landlord including legal and engineering fees for obtaining said approvals shall be deducted by Landlord from the amount due Tenant above.
(o) Further, Landlord reserves the right at any time and from time to time to provide landscaping or screening including the erection of fences, barriers, earthen or other type of mounds to screen any structure, facility or equipment of Tenant at any location on the Leased Premises.
(p) Tenant's heavy equipment (over 20 tons), construction equipment or groomers shall not be permitted to enter upon any entrance road to any development of Landlord's or upon Big Boulder Drive except for snow removal.
(q) Tenant shall be solely responsible for the removal of sediment in Big Boulder Lake adjacent to Tenant's parking area. Removal of the sediment shall be done on at lease an annual basis. Tenant shall also be responsible for controlling water runoff through its parking lots to control water quality and water runoff into Big Boulder Lake.
Appears in 1 contract
Sources: Agreement of Purchase and Sale
Subdivision. (a) Landlord is in the process of subdividing portions of its land for subdivisions and Planned Residential Developments (hereinafter referred to as “Subdivisions”) some of which are part of the land which is being leased herein, and part of it is other lands adjoining the Property being leased herein to Tenant. Tenant acknowledges that there are Subdivisions being prepared by Landlord and/or are in the process of having infrastructure installed or erected on the Property for said Subdivisions. Further, Tenant acknowledges that the Landlord or its affiliates may be the builder of some of the homes and/or buildings to be constructed in said Subdivisions and may have non-affiliated companies or individuals purchase lots and build homes and/or other structures in said Subdivisions. Further, Tenant acknowledges that there are numerous water, sewer, storm water, utilities and other easements associated with said Subdivisions that cross or will cross the Property being leased to Tenant. Tenant acknowledges that they have reviewed Landlord's ’s development plans and conceptual plans for ▇▇▇▇ Frost National Golf Course, ▇▇▇▇ ▇▇▇▇▇ Golf Course PRD, ▇▇▇▇ Frost Ski PRD, Boulder Lake Village Subdivision, Lake Shore Subdivision, Round Pond Subdivision, Pheasant Run and Slope Side Subdivision and agrees that said plans and developments do not interfere with Tenant's ’s ski operations. Therefore, Tenant agrees as follows:
(1) Landlord shall have the right and easements at any time during the term of this Lease, or any extensions thereof, to enter the Property being leased to Tenant and to have ingress, egress and regress for the purposes of access or construction of any structures, improvements, roads, utilities, storm water facilities or other subdivision or PRD improvements to be erected in, or under the Property for the Subdivisions of Landlord or any future Subdivisions developed whether adjacent to the Property or not and to install the infrastructure or have others install the infrastructure for the benefit of said Subdivisions, provided that such location or use of the easement does not interfere with Tenant’s operation of a ski facility.
(2) Landlord shall have the right to install upon the Property being leased to Tenant water, sewer, and utility lines and storm water controls for the purposes of the benefit of said Subdivisions. The expense for the construction of said water lines, sewer lines, utility lines, and storm water controls shall be the responsibility of Landlord provided that such location does not interfere with Tenant’s operation of a ski facility.
(3) Landlord shall have the right to erect upon the Property being leased to Tenant any water towers, wells, storm water controls, water lines, sewer lines, which structures or equipment may permanently reside on or under the Property leased to Tenant, provided that such location does not interfere with Tenant’s operation of a ski facility. Landlord hereby reserves for itself, its customers, tenants, subtenants, licensees, grantees, successors and assigns, for the length of this lease or any renewal thereof, an easement for the withdrawal of water from the ▇▇▇▇▇ now located on the Property or to be installed on the Property leased to Tenant or which in the future may be located on the Property.
(4) Tenant agrees that all restrictions and requirements for all Subdivisions as imposed by ▇▇▇▇▇▇ Township, Pennsylvania Department of Environmental Protection, Carbon County Planning Commission, Delaware River Basin Commission, or any other federal, state or local governmental agency necessary for the completion, erection, or installation of improvements or structures within said Subdivisions which are a burden on the Property leased to Tenant shall be permitted by Tenant to be installed, erected or placed upon the Property being leased to Tenant, all of which shall be at the cost of Landlord.
(5) Tenant shall not interfere with the installation, erection, placement, use, repair, maintenance or replacement of any of the aforesaid structures, equipment, water lines, sewer lines, utility lines, storm water controls, by Landlord on the Property, provided that such installation, erection, placement, use, repair, maintenance or replacement does not interfere with the Tenant’s operation of a ski facility.
(6) Landlord shall have the right to construct access area (paths, walkways, ski paths, alleyways, cart path, ski runs, etc.) from its Subdivisions across, through and over the Property leased to Tenant some of which are to provide access to the Tenant’s Buildings and ski slopes, all of which access areas shall be maintained by Tenant. The location of such access access, areas shall be be. mutually agreed upon by Landlord and Tenant. The cost for construction of these access areas shall be paid by Landlord or their successors or assigns. All liability for these access areas after construction by Landlord shall be borne solely by Tenant. Tenant shall be responsible for snow-making for the access points to the Ski Area from the subdivisions during ski season to permit the residents of Landlord's ’s developments to ski on and off the access ways from their developments for the portion of the access way on the Leased Premises, provided, however, Tenant shall only be obligated to use the then existing snow making equipment and shall be under no obligation to purchase additional snow making equipment for this purpose.
(7) A portion of the Leased Premises, as shown on Exhibit "“O" ” (the "“Boulder Lake Village PRD Area"”), is intended by Landlord to be a portion of the Boulder Lake Village PRD project being developed by Landlord. That project will include one or more condominiums and planned communities. Landlord shall have the right to create such projects and condominiums communities and planned communities and to include the PRD Area as part of such community or communities. Landlord may cause the PRD Area to be one or more units (or a portion thereof) of such communities, ownership of which unit shall initially remain in Landlord. When such communities are created, if required by Landlord, Tenant shall execute an amendment to this Lease confirming that the PRD Area that is a portion of the Leased Premises shall be such unit. Tenant shall cause its liability insurance policies, as described in Paragraph 6 (a6(a), to name, in addition to Landlord, the applicable condominium and homeowners' ’ associations as additional insureds, and Tenant shall indemnify and hold harmless Landlord and those associations for any claims or damages resulting from Tenant's ’s operations, whether or not insured.
(b) Tenant shall have the right to remove water from ponds or streams on the Property for the purposes only of making snow subject to all federal, state and local governmental rules and regulations including Delaware River Basin Commission Commission.
(c) Landlord, their successors or assigns, shall have the right to provide treated water from Landlord’s sewage treatment plant for snow making to Tenant who shall accept such treated water and utilize it for snow making purposes.
(d) All ▇▇▇▇▇ on the Leased Premises shall remain the property of Landlord for Landlord's ’s use. Upon central water being available to Tenant, Tenant shall connect to said central water system at Tenant's ’s sole cost and expense. Until such central water system is available for Tenant's ’s hookup Tenant shall use the existing ▇▇▇▇▇ for drinking water.
(e) A pump house exists on the property of Landlord. The pump house provides pumps for water removal for snow-making for the Leased Premises. The Tenant shall maintain its own pumps for water removal and its own electric meter for the pumps. Tenant shall be solely responsible for the repair, replacement and maintenance of all water lines on the Property, whether used by Tenant or Landlord, or its subsidiaries, affiliates or assigns, unless it is caused by Landlord, or its affiliates, negligence. Tenant shall also be solely responsible for the repair, replacement and maintenance of the pump house. Tenant shall be solely responsible for obtaining and preparing all information necessary for all reports to be submitted pertaining to water withdrawal from Big Boulder Lake or any other water source.
(f) Landlord, its agents, successors or assigns, shall have full access to any water lines or water pumps on the Property leased to Tenant at any time.
(g) Landlord reserves an unlimited easement or right of access on the Property to lay, re-lay, install, inspect, operate, maintain, repair, alter, remove, renew, replace, add and keep any water or sewer lines in, over, under, upon and across the Property for the benefit of Landlord and adjacent landowners and Subdivisions, provided that these encumbrances do not interfere with the Tenant’s operation of a ski facility.
(h) Some of the current parking for the Leased Property is on lands of the Landlord or future Planned Communities or Condominium Projects. Tenant shall have the right to utilize those parking areas designated by Landlord until such time as Landlord notifies Tenant not to utilize such parking areas. Tenant shall be responsible to insure, repair and maintain such parking areas on the property of Landlord. All new areas for parking for Tenant on Tenant’s Leased Property shall be Tenant’s responsibility to repair, insure and maintain. Landlord shall, at no cost to Landlord, its licensees, tenants, guests or assigns, have the right, during non-ski season periods, to utilize the parking areas of Tenant. Tenant acknowledges and agrees that Landlord, for itself, its grantees, successors or assigns shall have an easement and a right to access, create, erect, improve, and install roadways through the existing parking areas of the Big Boulder Ski Resort to provide access and use to its Lake Shore development, Slope Side development and other future developments now or when such developments are created. Landlord shall not be responsible for replacing any parking spaces or parking areas currently in existence as a result of the creation, installation, improvement or erection of such roadways. Landlord shall further have full authority to install, at its expense, all traffic control devices as required by ▇▇▇▇▇▇ Township or any other governmental agency or as determined by Landlord to direct or control traffic on the said streets or through the parking lots on the Property.
(i) The term “road” or “roadways” utilized anywhere in this Lease shall include any storm water facilities associated with the construction of said roads or roadways and any traffic control devices or signs on or for said roads or roadways.
(j) All roadways, whether existing now or created, erected or installed in the future within the Leased Premises shall be for use by the public or by the residents of any development and shall be repaired, replaced, and maintained by Tenant including snow removal and anti-skid materials. The cost of the repair, maintenance and snow removal shall be shared between Tenant and any future subdivisions in accordance with Road Maintenance Agreements to be agreed upon between the parties. The current percentage of Tenant's ’s responsibility is sixty-five percent (65%) of the costs.
(1) All permits for the withdrawal of water for snow-making purposes shall remain with Landlord. Tenant shall be responsible to reimburse Landlord for all labor, employee benefits, materials, permit fees, supplies or other costs and expenses required to monitor and submit the necessary reports for the water withdrawal permits. Tenant shall provide all information and monitoring of water withdrawal required by Landlord to maintain said permits.
(2) Tenant shall read elapsed time meters daily at the same time each and every day, and shall inspect the monitoring pipe, and make sure that it is full. If it is not full, Tenant shall cease snow-making and all water withdrawals. Tenant shall provide all documentation requested by Landlord regarding water monitoring and water withdrawals. Landlord does not guarantee the availability of water for snow making.
(lI) Throughout the Leased Premises are non-public access roads. Tenant shall repair and maintain all said access roads on the Leased Premises including snow removal. Landlord, at anytime, shall have full rights on ingress, egress and regress over, upon and through said access roads. No access road shall be terminated or blocked without Landlord's ’s prior written permission which may be withheld at its sole discretion.
(m) Tenant acknowledges that Tenant has reviewed the existing Mt. Union cell tower lease and Tenant agrees to be responsible for all lease payments due Mt. Union.
(n) Landlord reserves the right at any time and from time to time to remove, relocate, or demolish existing facilities including but not limited to underground storage tanks, buildings, garages, concrete pads, parking areas, or existing equipment attach to a building or inground. Landlord shall restore or replace such equipment, buildings or facilities on the Leased Premises or shall provide additional area adjacent to the Leased Premises to the Tenant in size or value to that which is removed. Any buildings that are removed or demolished shall be replaced with buildings of a similar value except that Landlord shall have the unrestricted right without the requirement of replacement or reimbursement, to demolish the flightline building. Further, if Landlord shall decide to remove or demolish the Maintenance and Ski Patrol Building on the Property then Landlord shall pay to Tenant $500,000.00, as adjusted by the percentage of increase in the CPI in effect as of the date of this Agreement and the first day of the month in which Landlord demolishes the Maintenance and Ski Patrol Building, which shall compensate Tenant for all costs for a new building, moving expenses, equipment, survey, land development costs, engineering fees, attorneys fees, and all other costs and expenses associated in any way with Landlord taking and demolishing of the Maintenance and Ski Patrol Buildings. Landlord shall be responsible for obtaining the land development approvals. The costs, fee and expenses incurred by Landlord including legal and engineering fees for obtaining said approvals shall be deducted by Landlord from the amount due Tenant above.
(o) Further, Landlord reserves the right at any time and from time to time to provide landscaping or screening including the erection of fences, barriers, earthen or other type of mounds to screen any structure, facility or equipment of Tenant at any location on the Leased Premises.
(p) Tenant's heavy equipment (over 20 tons), construction equipment or groomers shall not be permitted to enter upon any entrance road to any development of Landlord's or upon Big Boulder Drive except for snow removal.
(q) Tenant shall be solely responsible for the removal of sediment in Big Boulder Lake adjacent to Tenant's parking area. Removal of the sediment shall be done on at lease an annual basis. Tenant shall also be responsible for controlling water runoff through its parking lots to control water quality and water runoff into Big Boulder Lake.
Appears in 1 contract
Sources: Lease (Peak Resorts Inc)
Subdivision. (a) Landlord is in the process of subdividing portions of its land for subdivisions and Planned Residential Developments (hereinafter referred to as “Subdivisions”) some of which are part of the land which is being leased herein, and part of it is other lands adjoining the Property being leased herein to Tenant. Tenant acknowledges that there are Subdivisions being prepared by Landlord and/or are in the process of having infrastructure installed or erected on the Property for said Subdivisions. Further, Tenant acknowledges that the Landlord or its affiliates may be the builder of some of the homes and/or buildings to be constructed in said Subdivisions and may have non-affiliated companies or individuals purchase lots and build homes and/or other structures in said Subdivisions. Further, Tenant acknowledges that there are numerous water, sewer, storm water, utilities and other easements associated with said Subdivisions that cross or will cross the Property being leased to Tenant. Tenant acknowledges that they have reviewed Landlord's ’s development plans and conceptual plans for ▇▇▇▇ Frost National Golf Course, ▇▇▇▇ ▇▇▇▇▇ Golf Course PRD, ▇▇▇▇ Frost Ski PRD, Boulder Lake Village Subdivision, Lake Shore Subdivision, Round Pond Subdivision, Pheasant Run and Slope Side Subdivision and agrees that said plans and developments do not interfere with Tenant's ’s ski operations. ., Therefore, Tenant agrees as follows:
(1) Landlord shall have the right and easements at any time during the term of this Lease, or any extensions thereof, to enter the Property being leased to Tenant and to have ingress, egress and regress for the purposes of access or construction of any structures, improvements, roads, utilities, storm water facilities or other subdivision or PRD improvements to be erected in, or under the Property for the Subdivisions of Landlord or any future Subdivisions developed whether adjacent to the Property or not and to install the infrastructure or have others install the infrastructure for the benefit of said Subdivisions, provided that such location or use of the easement does not interfere with Tenant’s operation of a ski facility.
(2) Landlord shall have the right to install upon the Property being leased to Tenant water, sewer, and utility lines and storm water controls for the purposes of the benefit of said Subdivisions. The expense for the construction of said water lines, sewer lines, utility lines, and storm water controls shall be the responsibility of Landlord provided that such location does not interfere with Tenant’s operation of a ski facility.
(3) Landlord shall have the right to erect upon the Property being leased to Tenant any water towers, wells, storm water controls, water lines, sewer lines, which structures or equipment may permanently reside on or under the Property leased to Tenant, provided that such location does not interfere with Tenant’s operation of a ski facility. Landlord hereby reserves for itself, its customers, tenants, subtenants, licensees, grantees, successors and assigns, for the length of this lease or any renewal thereof, an easement for the withdrawal of water from the ▇▇▇▇▇ now located on the Property or to be installed on the Property leased to Tenant or which in the future may be located on the Property.
(4) Tenant agrees that all restrictions and requirements for all Subdivisions as imposed by ▇▇▇▇▇▇ Township, Pennsylvania Department of Environmental Protection, Carbon County Planning Commission, Delaware River Basin Commission, or any other federal, state or local governmental agency necessary for the completion, erection, or installation of improvements or structures within said Subdivisions which are a burden on the Property leased to Tenant shall be permitted by Tenant to be installed, erected or placed upon the Property being leased to Tenant, all of which shall be at the cost of Landlord.
(5) Tenant shall not interfere with the installation, erection, placement, use, repair, maintenance or replacement of any of the aforesaid structures, equipment, water lines, sewer lines, utility lines, storm water controls, by Landlord on the Property, provided that such installation, erection, placement, use, repair, maintenance or replacement does not interfere with the Tenant’s operation of a ski facility.
(6) Landlord shall have the right to construct access area (paths, walkways, ski paths, alleyways, cart path, ski runs, etc.) from its Subdivisions across, through and over the Property leased to Tenant some of which are to provide access to the Tenant’s Buildings and ski slopes, all of which access areas shall be maintained by Tenant. The location of such access areas shall be mutually agreed upon by Landlord and Tenant. The cost for construction of these access areas shall be paid by Landlord or their successors or assigns. All liability for these access areas after construction by Landlord shall be borne solely by Tenant. Tenant shall be responsible for snow-making for the access points to the Ski Area from the subdivisions during ski season to permit the residents of Landlord's ’s developments to ski on and off the access ways from their developments for the portion of the access way on the Leased Premises, provided, however, Tenant shall only be obligated to use the then existing snow making equipment and shall be under no obligation to purchase additional snow making equipment for this purpose.
(7) A portion of the Leased Premises, as shown on Exhibit "“O" ” (the "Boulder Lake Village “▇▇▇▇ ▇▇▇▇▇ Ski PRD Area"”), is intended by Landlord to be a portion of the Boulder Lake Village ▇▇▇▇ Frost PRD project being developed by Landlord. That project will include one or more condominiums and planned communities. Landlord shall have the right to create such projects and condominiums communities and planned communities and to include the PRD Area as part of such community or communities. Landlord may cause the PRD Area to be one or more units (or a portion thereof) of such communities, ownership of which unit shall initially remain in Landlord. When such communities are created, if required by Landlord, Tenant shall execute an amendment to this Lease confirming that the PRD Area that is a portion of the Leased Premises shall be such unit. Tenant shall cause its liability insurance policies, as described in Paragraph 6 (a), to name, in addition to Landlord, the applicable condominium and homeowners' associations as additional insureds, and Tenant shall indemnify and hold harmless Landlord and those associations for any claims or damages resulting from Tenant's operations, whether or not insured.
(b) Tenant shall have the right to remove water from ponds or streams on the Property for the purposes only of making snow subject to all federal, state and local governmental rules and regulations including Delaware River Basin Commission .
(c) Landlord, their successors or assigns, shall have the right to provide treated water from Landlord’s sewage treatment plant for snow making to Tenant who shall accept such treated water and utilize it for snow making purposes.
(d) All ▇▇▇▇▇ on the Leased Premises shall remain the property of Landlord for Landlord's use. Upon central water being available to Tenant, Tenant shall connect to said central water system at Tenant's sole cost and expense. Until such central water system is available for Tenant's hookup Tenant shall use the existing ▇▇▇▇▇ for drinking water.
(e) A pump house exists on the property of Landlord. The pump house provides pumps for water removal for snow-making for the Leased Premises. The Tenant shall maintain its own pumps for water removal and its own electric meter for the pumps. Tenant shall be solely responsible for the repair, replacement and maintenance of all water lines on the Property, whether used by Tenant or Landlord, or its subsidiaries, affiliates or assigns, unless it is caused by Landlord, or its affiliates, negligence. Tenant shall also be solely responsible for the repair, replacement and maintenance of the pump house. Tenant shall be solely responsible for obtaining and preparing all information necessary for all reports to be submitted pertaining to water withdrawal from Big Boulder Lake or any other water source.
(f) Landlord, its agents, successors or assigns, shall have full access to any water lines or water pumps on the Property leased to Tenant at any time.
(g) Landlord reserves an unlimited easement or right of access on the Property to lay, re-lay, install, inspect, operate, maintain, repair, alter, remove, renew, replace, add and keep any water or sewer lines in, over, under, upon and across the Property for the benefit of Landlord and adjacent landowners and Subdivisions, provided that these encumbrances do not interfere with the Tenant’s operation of a ski facility.
(h) Some of the current parking for the Leased Property is on lands of the Landlord or future Planned Communities or Condominium Projects. Tenant shall have the right to utilize those parking areas designated by Landlord until such time as Landlord notifies Tenant not to utilize such parking areas. Tenant shall be responsible to insure, repair and maintain such parking areas on the property of Landlord. All new areas for parking for Tenant on Tenant’s Leased Property shall be Tenant’s responsibility to repair, insure and maintain. Landlord shall, at no cost to Landlord, its licensees, tenants, guests or assigns, have the right, during non-ski season periods, to utilize the parking areas of Tenant. Tenant acknowledges and agrees that Landlord, for itself, its grantees, successors or assigns shall have an easement and a right to access, create, erect, improve, and install roadways through the existing parking areas of the Big Boulder Ski Resort to provide access and use to its Lake Shore development, Slope Side development and other future developments now or when such developments are created. Landlord shall not be responsible for replacing any parking spaces or parking areas currently in existence as a result of the creation, installation, improvement or erection of such roadways. Landlord shall further have full authority to install, at its expense, all traffic control devices as required by ▇▇▇▇▇▇ Township or any other governmental agency or as determined by Landlord to direct or control traffic on the said streets or through the parking lots on the Property.
(i) The term “road” or “roadways” utilized anywhere in this Lease shall include any storm water facilities associated with the construction of said roads or roadways and any traffic control devices or signs on or for said roads or roadways.
(j) All roadways, whether existing now or created, erected or installed in the future within the Leased Premises shall be for use by the public or by the residents of any development and shall be repaired, replaced, and maintained by Tenant including snow removal and anti-skid materials. The cost of the repair, maintenance and snow removal shall be shared between Tenant and any future subdivisions in accordance with Road Maintenance Agreements to be agreed upon between the parties. The current percentage of Tenant's responsibility is sixty-five percent (65%) of the costs.
(1) All permits for the withdrawal of water for snow-making purposes shall remain with Landlord. Tenant shall be responsible to reimburse Landlord for all labor, employee benefits, materials, permit fees, supplies or other costs and expenses required to monitor and submit the necessary reports for the water withdrawal permits. Tenant shall provide all information and monitoring of water withdrawal required by Landlord to maintain said permits.
(2) Tenant shall read elapsed time meters daily at the same time each and every day, and shall inspect the monitoring pipe, and make sure that it is full. If it is not full, Tenant shall cease snow-making and all water withdrawals. Tenant shall provide all documentation requested by Landlord regarding water monitoring and water withdrawals. Landlord does not guarantee the availability of water for snow making.
(l) Throughout the Leased Premises are non-public access roads. Tenant shall repair and maintain all said access roads on the Leased Premises including snow removal. Landlord, at anytime, shall have full rights on ingress, egress and regress over, upon and through said access roads. No access road shall be terminated or blocked without Landlord's prior written permission which may be withheld at its sole discretion.
(m) Tenant acknowledges that Tenant has reviewed the existing Mt. Union cell tower lease and Tenant agrees to be responsible for all lease payments due Mt. Union.
(n) Landlord reserves the right at any time and from time to time to remove, relocate, or demolish existing facilities including but not limited to underground storage tanks, buildings, garages, concrete pads, parking areas, or existing equipment attach to a building or inground. Landlord shall restore or replace such equipment, buildings or facilities on the Leased Premises or shall provide additional area adjacent to the Leased Premises to the Tenant in size or value to that which is removed. Any buildings that are removed or demolished shall be replaced with buildings of a similar value except that Landlord shall have the unrestricted right without the requirement of replacement or reimbursement, to demolish the flightline building. Further, if Landlord shall decide to remove or demolish the Maintenance and Ski Patrol Building on the Property then Landlord shall pay to Tenant $500,000.00, as adjusted by the percentage of increase in the CPI in effect as of the date of this Agreement and the first day of the month in which Landlord demolishes the Maintenance and Ski Patrol Building, which shall compensate Tenant for all costs for a new building, moving expenses, equipment, survey, land development costs, engineering fees, attorneys fees, and all other costs and expenses associated in any way with Landlord taking and demolishing of the Maintenance and Ski Patrol Buildings. Landlord shall be responsible for obtaining the land development approvals. The costs, fee and expenses incurred by Landlord including legal and engineering fees for obtaining said approvals shall be deducted by Landlord from the amount due Tenant above.
(o) Further, Landlord reserves the right at any time and from time to time to provide landscaping or screening including the erection of fences, barriers, earthen or other type of mounds to screen any structure, facility or equipment of Tenant at any location on the Leased Premises.
(p) Tenant's heavy equipment (over 20 tons), construction equipment or groomers shall not be permitted to enter upon any entrance road to any development of Landlord's or upon Big Boulder Drive except for snow removal.
(q) Tenant shall be solely responsible for the removal of sediment in Big Boulder Lake adjacent to Tenant's parking area. Removal of the sediment shall be done on at lease an annual basis. Tenant shall also be responsible for controlling water runoff through its parking lots to control water quality and water runoff into Big Boulder Lake.such
Appears in 1 contract
Sources: Lease (Peak Resorts Inc)
Subdivision. The parties wish to subdivide the Seller’s Ancillary Parcel substantially consistent with the drawing attached as Exhibit A in order to separate the Parking Lot Parcel from the Seller’s Ancillary Parcel. Within the Inspection Period, Purchaser shall prepare and submit to Seller a proposed subdivision plat (a) Landlord is in the process of subdividing portions of its land for subdivisions and Planned Residential Developments (hereinafter referred to as “SubdivisionsSubdivision Plat”) some in accordance with the foregoing and all requirements of the Subdivision Regulations of the City of Birmingham, Alabama, which Subdivision Plat shall be subject to Seller’s prior written approval, not to be unreasonably withheld, conditioned or delayed (provided that if the proposed subdivision and the filing of the Subdivision Plat would create a condition that would prevent or adversely affect beyond a deminimis extent Seller’s ability to continue operations on Seller's Ancillary Parcel as presently conducted, Seller’s withholding consent therefor shall not be unreasonable). Within ten (10) Business Days of the Effective Date, Purchaser will engage the engineer (the reasonable and necessary out of pocket expense of which are part shall be reimbursed by Seller to Purchaser upon Closing or termination of this Agreement) to prepare the Subdivision Plat, and have such engineer provide a timeline of the land which is being leased hereinpreparation and approval process with key preparation, submission and part of it is other lands adjoining approval dates to Seller for Seller's approval. The Subdivision Plat will be submitted to Seller as soon as possible but in no event later than thirty (30) days after the Property being leased herein Effective Date. Seller and Purchaser will each cooperate and use commercially reasonable efforts to Tenant. Tenant acknowledges that there are Subdivisions being prepared by Landlord and/or are in complete each item within the process of having infrastructure installed or erected date on the Property for said Subdivisionsapproved timeline. FurtherOnce approved by Seller, Tenant acknowledges that Purchaser shall promptly submit the Landlord or its affiliates may be Subdivision Plat to the builder of some Planning Commission. The parties shall submit and cooperate with the submission of the homes and/or buildings to be constructed in said Subdivisions and may have non-affiliated companies or individuals purchase lots and build homes and/or other structures in said Subdivisions. FurtherSubdivision Plat, Tenant acknowledges that there are numerous water, sewer, storm water, utilities and other easements associated with said Subdivisions that cross or will cross including the Property being leased to Tenant. Tenant acknowledges that they have reviewed Landlord's development plans and conceptual plans for ▇▇▇▇ Frost National Golf Course, ▇▇▇▇ ▇▇▇▇▇ Golf Course PRD, ▇▇▇▇ Frost Ski PRD, Boulder Lake Village Subdivision, Lake Shore Subdivision, Round Pond Subdivision, Pheasant Run and Slope Side Subdivision and agrees that said plans and developments do not interfere with Tenant's ski operations. Therefore, Tenant agrees as follows:
(1) Landlord shall have the right and easements at any time during the term of this Lease, or any extensions thereof, to enter the Property being leased to Tenant and to have ingress, egress and regress for the purposes of access or construction execution of any structures, improvements, roads, utilities, storm water facilities forms or other subdivision or PRD improvements to be erected in, or under consents required by the Property for Planning Commission. In the Subdivisions of Landlord or any future Subdivisions developed whether adjacent to event the Property or Subdivision Plat is not and to install approved by the infrastructure or have others install the infrastructure for the benefit of said Subdivisions, provided that such location or use of the easement does not interfere with Tenant’s operation of a ski facility.
(2) Landlord shall have the right to install upon the Property being leased to Tenant water, sewer, and utility lines and storm water controls for the purposes of the benefit of said Subdivisions. The expense for the construction of said water lines, sewer lines, utility lines, and storm water controls shall be the responsibility of Landlord provided that such location does not interfere with Tenant’s operation of a ski facility.
(3) Landlord shall have the right to erect upon the Property being leased to Tenant any water towers, wells, storm water controls, water lines, sewer lines, which structures or equipment may permanently reside Planning Commission on or under the Property leased to Tenantbefore April 30, provided that such location does not interfere with Tenant’s operation of a ski facility. Landlord hereby reserves for itself2015, its customerseither Seller or Purchaser may, tenantsat their respective sole elections, subtenants, licensees, grantees, successors and assigns, for the length of terminate this lease or any renewal thereof, an easement for the withdrawal of water from Agreement whereupon the ▇▇▇▇▇ now located on the Property or to be installed on the Property leased to Tenant or which in the future may be located on the Property.
(4) Tenant agrees that all restrictions and requirements for all Subdivisions as imposed by ▇▇▇▇▇▇ Township, Pennsylvania Department of Environmental Protection, Carbon County Planning Commission, Delaware River Basin Commission, or any other federal, state or local governmental agency necessary for the completion, erection, or installation of improvements or structures within said Subdivisions which are a burden on the Property leased to Tenant Money shall be permitted by Tenant immediately returned to be installed, erected or placed upon the Property being leased to Tenant, all of which shall be at the cost of LandlordPurchaser.
(5) Tenant shall not interfere with the installation, erection, placement, use, repair, maintenance or replacement of any of the aforesaid structures, equipment, water lines, sewer lines, utility lines, storm water controls, by Landlord on the Property, provided that such installation, erection, placement, use, repair, maintenance or replacement does not interfere with the Tenant’s operation of a ski facility.
(6) Landlord shall have the right to construct access area (paths, walkways, ski paths, alleyways, cart path, ski runs, etc.) from its Subdivisions across, through and over the Property leased to Tenant some of which are to provide access to the Tenant’s Buildings and ski slopes, all of which access areas shall be maintained by Tenant. The location of such access areas shall be mutually agreed upon by Landlord and Tenant. The cost for construction of these access areas shall be paid by Landlord or their successors or assigns. All liability for these access areas after construction by Landlord shall be borne solely by Tenant. Tenant shall be responsible for snow-making for the access points to the Ski Area from the subdivisions during ski season to permit the residents of Landlord's developments to ski on and off the access ways from their developments for the portion of the access way on the Leased Premises, provided, however, Tenant shall only be obligated to use the then existing snow making equipment and shall be under no obligation to purchase additional snow making equipment for this purpose.
(7) A portion of the Leased Premises, as shown on Exhibit "O" (the "Boulder Lake Village PRD Area"), is intended by Landlord to be a portion of the Boulder Lake Village PRD project being developed by Landlord. That project will include one or more condominiums and planned communities. Landlord shall have the right to create such projects and condominiums communities and planned communities and to include the PRD Area as part of such community or communities. Landlord may cause the PRD Area to be one or more units (or a portion thereof) of such communities, ownership of which unit shall initially remain in Landlord. When such communities are created, if required by Landlord, Tenant shall execute an amendment to this Lease confirming that the PRD Area that is a portion of the Leased Premises shall be such unit. Tenant shall cause its liability insurance policies, as described in Paragraph 6 (a), to name, in addition to Landlord, the applicable condominium and homeowners' associations as additional insureds, and Tenant shall indemnify and hold harmless Landlord and those associations for any claims or damages resulting from Tenant's operations, whether or not insured.
(b) Tenant shall have the right to remove water from ponds or streams on the Property for the purposes only of making snow subject to all federal, state and local governmental rules and regulations including Delaware River Basin Commission .
(c) Landlord, their successors or assigns, shall have the right to provide treated water from Landlord’s sewage treatment plant for snow making to Tenant who shall accept such treated water and utilize it for snow making purposes.
(d) All ▇▇▇▇▇ on the Leased Premises shall remain the property of Landlord for Landlord's use. Upon central water being available to Tenant, Tenant shall connect to said central water system at Tenant's sole cost and expense. Until such central water system is available for Tenant's hookup Tenant shall use the existing ▇▇▇▇▇ for drinking water.
(e) A pump house exists on the property of Landlord. The pump house provides pumps for water removal for snow-making for the Leased Premises. The Tenant shall maintain its own pumps for water removal and its own electric meter for the pumps. Tenant shall be solely responsible for the repair, replacement and maintenance of all water lines on the Property, whether used by Tenant or Landlord, or its subsidiaries, affiliates or assigns, unless it is caused by Landlord, or its affiliates, negligence. Tenant shall also be solely responsible for the repair, replacement and maintenance of the pump house. Tenant shall be solely responsible for obtaining and preparing all information necessary for all reports to be submitted pertaining to water withdrawal from Big Boulder Lake or any other water source.
(f) Landlord, its agents, successors or assigns, shall have full access to any water lines or water pumps on the Property leased to Tenant at any time.
(g) Landlord reserves an unlimited easement or right of access on the Property to lay, re-lay, install, inspect, operate, maintain, repair, alter, remove, renew, replace, add and keep any water or sewer lines in, over, under, upon and across the Property for the benefit of Landlord and adjacent landowners and Subdivisions, provided that these encumbrances do not interfere with the Tenant’s operation of a ski facility.
(h) Some of the current parking for the Leased Property is on lands of the Landlord or future Planned Communities or Condominium Projects. Tenant shall have the right to utilize those parking areas designated by Landlord until such time as Landlord notifies Tenant not to utilize such parking areas. Tenant shall be responsible to insure, repair and maintain such parking areas on the property of Landlord. All new areas for parking for Tenant on Tenant’s Leased Property shall be Tenant’s responsibility to repair, insure and maintain. Landlord shall, at no cost to Landlord, its licensees, tenants, guests or assigns, have the right, during non-ski season periods, to utilize the parking areas of Tenant. Tenant acknowledges and agrees that Landlord, for itself, its grantees, successors or assigns shall have an easement and a right to access, create, erect, improve, and install roadways through the existing parking areas of the Big Boulder Ski Resort to provide access and use to its Lake Shore development, Slope Side development and other future developments now or when such developments are created. Landlord shall not be responsible for replacing any parking spaces or parking areas currently in existence as a result of the creation, installation, improvement or erection of such roadways. Landlord shall further have full authority to install, at its expense, all traffic control devices as required by ▇▇▇▇▇▇ Township or any other governmental agency or as determined by Landlord to direct or control traffic on the said streets or through the parking lots on the Property.
(i) The term “road” or “roadways” utilized anywhere in this Lease shall include any storm water facilities associated with the construction of said roads or roadways and any traffic control devices or signs on or for said roads or roadways.
(j) All roadways, whether existing now or created, erected or installed in the future within the Leased Premises shall be for use by the public or by the residents of any development and shall be repaired, replaced, and maintained by Tenant including snow removal and anti-skid materials. The cost of the repair, maintenance and snow removal shall be shared between Tenant and any future subdivisions in accordance with Road Maintenance Agreements to be agreed upon between the parties. The current percentage of Tenant's responsibility is sixty-five percent (65%) of the costs.
(1) All permits for the withdrawal of water for snow-making purposes shall remain with Landlord. Tenant shall be responsible to reimburse Landlord for all labor, employee benefits, materials, permit fees, supplies or other costs and expenses required to monitor and submit the necessary reports for the water withdrawal permits. Tenant shall provide all information and monitoring of water withdrawal required by Landlord to maintain said permits.
(2) Tenant shall read elapsed time meters daily at the same time each and every day, and shall inspect the monitoring pipe, and make sure that it is full. If it is not full, Tenant shall cease snow-making and all water withdrawals. Tenant shall provide all documentation requested by Landlord regarding water monitoring and water withdrawals. Landlord does not guarantee the availability of water for snow making.
(l) Throughout the Leased Premises are non-public access roads. Tenant shall repair and maintain all said access roads on the Leased Premises including snow removal. Landlord, at anytime, shall have full rights on ingress, egress and regress over, upon and through said access roads. No access road shall be terminated or blocked without Landlord's prior written permission which may be withheld at its sole discretion.
(m) Tenant acknowledges that Tenant has reviewed the existing Mt. Union cell tower lease and Tenant agrees to be responsible for all lease payments due Mt. Union.
(n) Landlord reserves the right at any time and from time to time to remove, relocate, or demolish existing facilities including but not limited to underground storage tanks, buildings, garages, concrete pads, parking areas, or existing equipment attach to a building or inground. Landlord shall restore or replace such equipment, buildings or facilities on the Leased Premises or shall provide additional area adjacent to the Leased Premises to the Tenant in size or value to that which is removed. Any buildings that are removed or demolished shall be replaced with buildings of a similar value except that Landlord shall have the unrestricted right without the requirement of replacement or reimbursement, to demolish the flightline building. Further, if Landlord shall decide to remove or demolish the Maintenance and Ski Patrol Building on the Property then Landlord shall pay to Tenant $500,000.00, as adjusted by the percentage of increase in the CPI in effect as of the date of this Agreement and the first day of the month in which Landlord demolishes the Maintenance and Ski Patrol Building, which shall compensate Tenant for all costs for a new building, moving expenses, equipment, survey, land development costs, engineering fees, attorneys fees, and all other costs and expenses associated in any way with Landlord taking and demolishing of the Maintenance and Ski Patrol Buildings. Landlord shall be responsible for obtaining the land development approvals. The costs, fee and expenses incurred by Landlord including legal and engineering fees for obtaining said approvals shall be deducted by Landlord from the amount due Tenant above.
(o) Further, Landlord reserves the right at any time and from time to time to provide landscaping or screening including the erection of fences, barriers, earthen or other type of mounds to screen any structure, facility or equipment of Tenant at any location on the Leased Premises.
(p) Tenant's heavy equipment (over 20 tons), construction equipment or groomers shall not be permitted to enter upon any entrance road to any development of Landlord's or upon Big Boulder Drive except for snow removal.
(q) Tenant shall be solely responsible for the removal of sediment in Big Boulder Lake adjacent to Tenant's parking area. Removal of the sediment shall be done on at lease an annual basis. Tenant shall also be responsible for controlling water runoff through its parking lots to control water quality and water runoff into Big Boulder Lake.
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Sources: Purchase Agreement (Infinity Property & Casualty Corp)