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 “▇▇▇▇ ▇▇▇▇▇ Ski PRD Area”), is intended by Landlord to be a portion of the ▇▇▇▇ 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
Appears in 1 contract
Sources: Lease (Peak Resorts Inc)
Subdivision. POPLP shall endeavor to complete and close the Subdivision simultaneously with the Closing, but no such failure to complete and close the Subdivision shall: (ai) Landlord is in be deemed to be a Parkway Breach or a Parkway Willful Default; (ii) give rise to any rights of any kind or nature whatsoever on 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 either Purchasing Party; or (iii) give rise to any obligations or liabilities of any kind or nature whatsoever on the land which is being leased herein, and part of it is other lands adjoining the Property being leased herein to TenantPOPLP. 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 Notwithstanding anything to the Property or not and to install the infrastructure or have others install the infrastructure for the benefit of said Subdivisionscontrary contained in this Agreement, provided that such location or use of the easement does not interfere with Tenant’s operation of a ski facility.
(2) Landlord POPLP shall have the right to install upon make such changes to (A) the Property being leased to Tenant water, sewer, Transfer Documents and/or (B) the number and utility lines and storm water controls for the purposes configuration of the benefit of said Subdivisions. The expense for Propcos as POPLP shall reasonably deem necessary, desirable or appropriate under the construction of said water lines, sewer lines, utility lines, circumstances in order to implement the transactions contemplated by this Agreement in an efficient manner (and storm water controls this Agreement 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 deemed modified “O” (the “▇▇▇▇ ▇▇▇▇▇ Ski PRD Areamutatis mutandis”), is intended by Landlord to be a portion provided that: (x) such changes are not material in the aggregate; (y) do not adversely affect the substantive rights and obligations of the ▇▇▇▇ Frost PRD project being developed by Landlord. That project will include one or more condominiums parties; and planned communities. Landlord (z) in the event that POPLP proposes a material change to the Subdivision between the Effective Date and the Closing Date, POPLP shall have not implement such material change without the right consent of each Purchasing Party which consent shall (1) not be unreasonably withheld and (2) be deemed delivered unless such Purchasing Party shall deliver to create POPLP and the other Purchasing Party a notice of disapproval within ten (10) Business Days following such projects Purchasing Party’s receipt of POPLP’s notice of a material change (TIME BEING OF THE ESSENCE WITH RESPECT THERETO) specifying the reasons for such disapproval and condominiums communities and planned communities and suggestions for modifying the proposed amendment that would be acceptable 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 suchPurchasing Party.
Appears in 1 contract
Sources: Omnibus Contribution and Partial Interest Assignment Agreement (Parkway, 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 “▇▇▇▇ ▇▇▇▇▇ Ski PRD Area”), is intended by Landlord to be a portion of the ▇▇▇▇ 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
Appears in 1 contract
Sources: Purchase Agreement (Infinity Property & Casualty Corp)
Subdivision. (a) Landlord is The Parties acknowledge that in the process of subdividing portions of its land order 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 conveyed 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 a deed to the Property or not and recorded among the Land Records, it may be necessary to install the infrastructure or have others install the infrastructure obtain approval for the benefit of said Subdivisions, provided that such location or use a subdivision of the easement does not interfere with Tenant’s operation Property from Lot 5 and the creation 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 new legally subdivided lot 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 remaining 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” Lot 5 (the “▇▇▇▇ ▇▇▇▇▇ Ski PRD AreaSubdivision”). As soon as practicable following the Effective Date, the Purchaser shall file all necessary applications and other documentation to obtain the approval of the Subdivision (the “Subdivision Approval”) and shall use commercially reasonable efforts and due diligence to obtain the Subdivision Approval prior to Closing at Purchaser’s sole cost and expense. If, despite Purchaser’s commercially reasonable efforts, the Subdivision has not been approved by ten (10) days before Closing, or if any governmental authority, including the Planning Commission for the Town of Mount Airy (the “Planning Commission”), is intended by Landlord to be a portion responsible for review or approval of the ▇▇▇▇ Frost PRD project being developed proposed Subdivision, either denies Subdivision Approval or requires changes to the Subdivision or imposes conditions for Subdivision Approval that are unacceptable to either Party, either Party may terminate this Agreement by Landlord. That project will include one or more condominiums and planned communities. Landlord shall have written notice to the right to create such projects and condominiums communities and planned communities and to include other party within ten (10) days before Closing in which event 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 Deposit shall be suchreturned to the Purchaser and the parties shall be relieved of all liabilities and obligations hereunder. The Purchaser shall keep the Seller apprised of any developments with regard to obtaining the Subdivision Approval and shall provide the Seller with any significant documents and correspondence relating to the Subdivision Approval. The Seller shall cooperate with the Purchaser in obtaining the Subdivision Approval at no cost, expense or liability to the Seller. The provisions of this Section shall survive the Closing.
Appears in 1 contract
Sources: Purchase and Sale Agreement
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 and attach hereto the proposed subdivision plans as Schedule 6.2.5 (each, a “Subdivision Plan”). After the Effective Date, Urban, at its sole cost and expense, shall apply for and diligently prosecute, the Subdivision. Urban shall promptly deliver to PAID copies of which are part all such 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 cooperate and assist Urban in obtaining the Subdivision, and PAID shall be permitted to review, comment and approve the application and prosecution process, but at no cost, liability, obligation or responsibility to PAID. At the expiration of the land which initial Due Diligence Period, the Subdivision shall be final and unappealed, with all appeal periods having expired. In the event that Subdivision is being leased hereinnot final and unappealed, and part of it is other lands adjoining with all appeal periods having expired on or prior to 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 expiration 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. Furtherinitial Due Diligence Period, 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 then Urban shall have the right and easements at any time during right, but not the term of this Lease, or any extensions thereofobligation, to enter extend the Property being leased to Tenant and to have ingress, egress and regress Due Diligence Period as hereinafter provided in Article 7 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 time 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 is necessary for the completionSubdivision to become final and unappealed, 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, with all of which shall be at the cost of Landlordappeal periods having expired.
(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 “▇▇▇▇ ▇▇▇▇▇ Ski PRD Area”), is intended by Landlord to be a portion of the ▇▇▇▇ 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
Appears in 1 contract
Sources: Acquisition and Development Agreement (Urban Outfitters 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 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(the "Crushing Plant"). Because of the subdivision laws and regulation of Colorado and Pueblo County, Pennsylvania Department 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. Accordingly, Seller will convey to Purchaser all of Environmental Protectionthe 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, Carbon County Planning CommissionPurchaser shall take such actions 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. Upon completion of the Batch Plant Subdivision and the Crushing Plant Subdivision, Delaware River Basin Commissionwhich Purchaser shall use all reasonable efforts to complete within two (2) years after the Closing Date, or any other federalPurchaser shall convey the Excess Batch Plant Property and the Excess Crushing Plant Property to Seller by special Warranty Deed and, state or local governmental agency necessary for upon such conveyance, the completion, erection, or installation of improvements or structures within said Subdivisions which are a burden on Excess Batch Plant Property and the Excess Crushing Plant Property shall be added to the property leased to Tenant shall be permitted by Tenant to be installed, erected or placed upon Purchaser under 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 TenantLease. 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 “▇▇▇▇ ▇▇▇▇▇ Ski PRD Area”), is intended by Landlord to be a portion of the ▇▇▇▇ 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 parties acknowledge that the PRD Area that Batch Plant Property is a portion comprised of approximately acres, the Leased Premises shall be suchExcess Batch Plant Property is comprised of approximately acres, the Crushing Plant Property is comprised of approximately 13 acres, and the Excess Crushing Plan Property is comprised of approximately acres.
Appears in 1 contract
Subdivision. This contract and the sale hereby evidenced are conditional upon and subject to the said Plan (subject to alteration as hereinafter mentioned) being duly certified (if not already done so) by the council pursuant to the provisions of the Act and registered by the Registrar of Titles within twenty four (24) months from the date hereof, provided that the vendor reserves the right to make such minor alterations to the said Plan as may be demanded by the said Municipality or the said Registrar as pre-requisites to the certification and approval of the said plan. The Purchaser acknowledges that the vendor may be required to enter into a Section 173 agreement with the council to procure registration of the Plan and shall not object to same.
11.1 The vendor will use his best endeavours to cause the said plan to be certified as aforesaid as soon as practicable and will, as soon as practicable thereafter, apply to the Registrar of Titles for registration of the said Plan. Once lodged, the vendor will not withdraw the said plan from the Land Titles Office without the purchaser’s prior written consent and will with all reasonable diligence satisfy all requisitions made by the Registrar and will do all other things within his power to procure registration of the said plan as soon as practicable.
11.2 In the event that the said plan shall not be certified and registered as aforesaid within twenty four (24) months from the date hereof, either party may at any time after the expiration of such period, but before the said plan is so registered, terminate this contract and the sale hereby evidenced by giving to the other party written notice of termination pursuant to this Special Condition.
(a) Landlord is In the event of one party so electing to terminate this Contract of Sale, pursuant to this Special Condition, all moneys paid by the purchaser on account of the purchase price shall be refunded to him in full. Neither party shall be entitled to any compensation from the other party in respect of costs, fees or other expenses paid to or incurred in relation to or arising out of this transaction.
(b) If the deposit has been invested, any interest earned as a result will be divided evenly between the parties.
11.3 The purchaser shall accept as identical with the said land as hereinbefore described the Lot on the said Plan when registered the respective number mentioned 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 foregoing particulars or, if 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 lot 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 plan shall have the right and easements at any time during prior to registration be renumbered, shall accept as identical with the term said land the lot on the said Plan as registered which shall occupy the same or approximately the same position on the Plan of this Lease, or any extensions thereof, to enter Subdivision as indicated in the Property copy Plan annexed hereto as being leased to Tenant and to have ingress, egress and regress for occupied by 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 Subdivisionslot hereby designated. 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 purchaser shall not interfere with the installation, erection, placement, use, repair, maintenance be entitled to make any requisitions object or replacement claim for compensation in respect of any of the aforesaid structures, equipment, water lines, sewer lines, utility lines, storm water controls, following:-
(a) Any minor variations between the lot hereby sold as inspected by Landlord the purchaser and the corresponding lot as shall be shown on the Propertysaid plan at approval;
(b) Any minor variations between the number, provided that such installation, erection, placement, use, repair, maintenance size or replacement does not interfere with location of lots as presently appearing on the Tenant’s operation of a ski facilitysaid plan and as shall appear on the said plan when registered.
11.4 The vendor shall after registration of the said plan notify the purchaser of such registration and the residue of purchase moneys shall be payable within fourteen (614) 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 days of which are to provide access notification to the Tenantpurchaser or the purchaser’s Buildings and ski slopes, all of which access areas shall be maintained by Tenant. The location solicitors or conveyancer of such access areas shall be mutually agreed upon registration by Landlord and Tenant. the Registrar of Titles of the Plan of Subdivision (or if the above settlement clause provides otherwise then in accordance with that settlement clause).
11.5 The cost for construction of these access areas deposit moneys payable by the purchaser hereunder shall be paid to the Licensed Estate Agent as agent of the Vendor hereinbefore specified to be held by Landlord them on trust for the purchaser until:-
(a) the said plan has been registered at the Office of Titles as aforesaid; and
(b) A Statement of Compliance has been issued in respect of the plan Thereafter the deposit shall be held in accordance with Division 3 of the Sale of Land Act 1962 (as amended).
11.6 Until such time as the said Plan of Subdivision has been so registered by the Registrar of Titles the purchaser shall not lodge or their successors cause or assigns. permit to be lodged on the Purchaser’s behalf any caveat in respect of the purchaser’s interest in the land under this contract and the purchaser shall indemnify and keep indemnified the vendor against any loss or damage which the vendor may incur or suffer as a consequence of any breach by the purchaser of this provision.
11.7 All liability for these access areas after construction rates, taxes, levies, insurance premiums and assessments (including State Land Tax calculated on the actual assessed amount in lieu of the single holding basis) in respect of the lot hereby sold payable by Landlord the vendor shall be borne solely and paid by Tenantthe purchaser as from the date on which he becomes entitled to possession and the same shall, if necessary, be apportioned between the vendor and the purchaser and the rent (if any) shall be apportioned on the same day and the balance paid or received as the case may require. Tenant The vendor hereby undertakes to pay any outgoings when they are due and payable and the purchaser shall not make any deduction at settlement on account of same. - General Condition 15.2(b) does not apply to this Contract.
11.8 If, as a result of the Purchasers failure to settle this Contract as required before 31 December in any one year, settlement takes place the following year and Land Tax is assessed for that following year against the Vendor, the Purchaser shall be responsible for snow-making for the access points to total amount of Land Tax assessed against 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 property regardless 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 purposeVendors other land holdings.
(7) A portion of the Leased Premises, as shown on Exhibit “O” (the “▇▇▇▇ ▇▇▇▇▇ Ski PRD Area”), is intended by Landlord to be a portion of the ▇▇▇▇ 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
Appears in 1 contract
Sources: Contract of Sale
Subdivision. (a) Landlord is in The Parties acknowledge that the process of subdividing portions of its land for subdivisions and Planned Residential Developments (hereinafter referred to Property must be created as “Subdivisions”) some of which are part a conveyable parcel by re-subdivision of the land which existing subdivision where the Property is being leased hereinlocated. City shall cause the preparation of a subdivision application for the Property at its expense and seek re-subdivision of the Property. The Parties acknowledge that the ALTA Survey and Commitment cannot be provided until after recording of the subdivision plat contemplated by this Paragraph. As such, City agrees to complete the re-subdivision and have prepared a recordable document evidencing the creation of a conveyable parcel within sixty (60) days of the Effective Date. If City is unable to complete the re-subdivision within sixty (60) days, City shall notify Seller and Purchaser of the same in writing, 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 Purchaser shall have the right to: (a) extend such deadline for a reasonable period to the date requested by City (such request not to be unreasonably denied by Purchaser); or (b) terminate the Agreement by giving written notice thereof to the other Parties, in which case this Agreement will be terminated, and neither party shall have any further rights or obligations hereunder, except as otherwise provided herein. During the re-subdivision process certain changes may occur, including, but not limited to, the creation of certain easements at on the lot or on any time during the term of this Leaseother lot to accommodate drainage requirements, or any extensions thereoflandscaping, to enter the Property being leased to Tenant and to have ingress, egress and regress installations for utility services for the purposes of access or construction of any structuressubdivision, improvementsand other changes necessary to comply with the Pueblo Municipal Code which may not be foreseen at this time. Such changes shall be subject to approval by the Purchaser, roads, utilities, storm water facilities or other subdivision or PRD improvements to which approval shall not be erected in, or under the Property for the Subdivisions of Landlord or any future Subdivisions developed whether adjacent unreasonably withheld. Notwithstanding anything in this Agreement to the Property or contrary, in the event City completes the subdivision contemplated in this Paragraph, and the transaction contemplated by this Agreement is not and to install the infrastructure or have others install the infrastructure for the benefit of said Subdivisionsfully consummated, provided that such location or use of the easement does not interfere with Tenant’s operation of a ski facility.
(2) Landlord Purchaser shall have the right no further responsibility with respect to install upon the Property being leased to Tenant water, sewer, and utility lines and storm water controls for the purposes any subsequent re-subdivision 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 “▇▇▇▇ ▇▇▇▇▇ Ski PRD Area”), is intended by Landlord to be a portion of the ▇▇▇▇ 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
Appears in 1 contract
Sources: Purchase and Sale Agreement
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 “▇▇▇▇ ▇▇▇▇▇ Ski "Boulder Lake Village PRD Area”"), is intended by Landlord to be a portion of the ▇▇▇▇ Frost 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 suchsuch 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 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 is being leased hereinWood Campus Real Property (New Hospital Site), including most of Lot B-1 and part a portion 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 Lot B-2 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 is 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 necessary 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.
the New Hospital. Therefore, Buyer and Seller desire to subdivide the Wood Campus Real Property (3New Hospital Site) 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 exclude 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 “▇▇▇▇ ▇▇▇▇▇ Ski PRD AreaSubdivision Plat”). Upon completion, Seller shall submit the Subdivision Plat to Buyer for approval as to the exact location of the property line and any other matters disclosed or set forth therein, which approval shall not be unreasonably withheld, conditioned or delayed. Upon approval by Buyer, the Subdivision Plat shall be submitted for approval and recording by the appropriate office. Seller shall make good faith efforts to obtain the approval and recording of the Subdivision Plat prior to Closing. If the Subdivision Plat is intended approved and recorded prior to Closing, then 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, 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 Landlord limited warranty deed, subject only to Permitted Exceptions, but otherwise without representation, warranty or recourse. Notwithstanding anything to the contrary herein, Buyer and Seller agree that if the approval of the Subdivision Plat is conditioned upon the grant or reservation of any new easements, rights- of-way or other restrictions upon the remainder of the Wood Campus Real Property (New Hospital Site), and if, in the sole but reasonable discretion of Buyer, such easements, rights-of- way or other restrictions would materially impair the development, construction or operation of the New Hospital, Buyer shall 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 the parcels in a manner that reduces the size of the parcel to be a portion returned to Seller, if such relocation is reasonably necessary to avoid material impairment to the development, construction or operation of the ▇▇▇▇ 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 suchNew Hospital).
Appears in 1 contract
Sources: Asset Purchase Agreement
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 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 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 “▇▇▇▇ ▇▇▇▇▇ Ski Boulder Lake Village PRD Area”), is intended by Landlord to be a portion of the ▇▇▇▇ Frost 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 suchsuch 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.
(I) 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.
Appears in 1 contract
Sources: Lease (Peak Resorts Inc)
Subdivision. (a) Landlord is in Subject to Paragraph 2.02 of this Agreement, Seller shall have the process responsibility at its expense for administering, managing, directing and achieving the preparation, submission and governmental approval of subdividing portions of its land all the plans to allow for subdivisions the subdivision and Planned Residential Developments (hereinafter referred to as “Subdivisions”) some of which are part development of the land which is being leased hereinProperty into approximately FORTY-SEVEN (47) townhome Lots (“Development Plans”). The Seller represents and warrants that the final draft record plat has been submitted to, but not yet approved by, Loudoun County, Virginia, and part of it is other lands adjoining attached hereto as Exhibit A. The Final Record Plat shall not be materially amended/modified from what is depicted in Exhibit A, or otherwise provided for herein. If the Property being leased herein Final Record Plat is requested to Tenantbe modified,
01. Tenant acknowledges that there are Subdivisions being prepared by Landlord and/or are in If Purchaser rejects the process of having infrastructure installed or erected on County’s comments, Seller shall return the Property for said Subdivisions. Further, Tenant acknowledges that the Landlord or its affiliates may be the builder of some remaining portion of the homes and/or buildings Deposit to Purchaser, and neither party shall any further rights or responsibilities under this Agreement. Upon receipt of approval of the Final Record Plat, and if requested by Purchaser, the Development Plans shall be constructed submitted by the Seller to Loudoun County for permits in said Subdivisions a commercially reasonable manner and may have non-affiliated companies or individuals purchase lots as soon as possible thereafter, the Final Record Plat shall be submitted for recordation. The Purchaser agrees to pay all customary fees and build homes and/or other structures in said Subdivisionsto post the customary bonds incident thereto. Further, Tenant acknowledges that there are numerous water, sewer, storm water, utilities and other easements associated with said Subdivisions that cross or Seller agrees no work will cross the Property being leased be commenced pursuant 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 Tenantpermits without Purchaser’s ski operations.written consent, Therefore, Tenant agrees as follows:
(1) Landlord shall have until after settlement and closing. In the right event settlement 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 closing does not interfere with Tenant’s operation occur for any reason, Seller agrees to assist in having any bonds, letters of a ski facility.
(2credit and/or escrows released, including but not limited to immediately replacing any such bonds, letter(s) Landlord shall have the of credit and/or escrows. Any right to install upon the Property being leased to Tenant waterof Seller in all plans, sewerapprovals, permits 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 related engineering shall be the responsibility of Landlord provided that such location does not interfere with Tenant’s operation of a ski facilityassigned at no cost to Purchaser at settlement. Seller agrees to cooperate and execute any documents reasonably required to accomplish said assignment.
(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 “▇▇▇▇ ▇▇▇▇▇ Ski PRD Area”), is intended by Landlord to be a portion of the ▇▇▇▇ 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
Appears in 1 contract
Sources: Purchase Agreement (Comstock Homebuilding Companies, Inc.)
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, walkwaysin furtherance of the Subdivision, ski pathsas determined by Purchaser to be appropriate. In connection with the Subdivision, alleyways, cart path, ski runs, etc.) from its Subdivisions across, through Seller shall comply with all applicable Laws and over the Property leased to Tenant some of which are to provide access with all requirements imposed pursuant 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 purposePermitted Exceptions.
(7) A portion of the Leased Premises, as shown on Exhibit “O” (the “▇▇▇▇ ▇▇▇▇▇ Ski PRD Area”), is intended by Landlord to be a portion of the ▇▇▇▇ 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
Appears in 1 contract
Sources: Purchase Agreement (MGM Mirage)
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 approve such change(s) to the Proposed Subdivision required by the applicable governmental authority, within ten (10) days from Seller’s 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 TenantTitle 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 the 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, duties, or obligations under this Agreement other than those obligations that expressly survive termination of 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 operation 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 remitted 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 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 this Agreement. The recorded Subdivision information of 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 used in the Title Commitment, Deed, and any other document that is required to 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 executed for this purposetransaction.
(7) A portion of the Leased Premises, as shown on Exhibit “O” (the “▇▇▇▇ ▇▇▇▇▇ Ski PRD Area”), is intended by Landlord to be a portion of the ▇▇▇▇ 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
Appears in 1 contract
Sources: Agreement of Purchase and Sale
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 “OA” to the Companion Lease and lots 3 through 5 as shown on Exhibit “A” to the Option Agreement (the “▇▇▇▇ ▇▇▇▇▇ Ski PRD AreaOption”)) 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 ▇▇▇▇ Frost 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 suchrequired 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 property 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 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 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 (iv) all buildings will be similar and generally architecturally compatible, it being agreed that Landlord may change the shape and sizes of the buildings, parking and 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 subdivided in accordance with the approved Master Plan by July 1, 1990. If a Public Agency requires modifications to the lot lines as shown on the Master Plan, the parties agree to reasonable lot line modifications. Tenant agrees to reimburse Landlord for actual expenses paid by Landlord in the processing and recordation of such subdivision map and to meet all other requirements necessary to make said Lots 1-5 separate lots; provided, however, Tenant’s total reimbursement obligation (pursuant to all agreements between Landlord and Tenant) shall in no event exceed Twenty-Five Thousand Dollars ($25,000.00).”
Appears in 1 contract
Sources: Lease Agreement (Maxtor Corp)
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 hereinSubdivision shall be confirmed by an executed notice or other reasonable evidence thereof issued by an applicable Governmental Entity, in each case provided by Landlord to Tenant;
(c) The legal description for the Rolling Mill Parcel, as revised by the Subdivision, shall be subject to Tenant’s reasonable review and approval, and part of it is other lands adjoining shall substantially reflect 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 legal description 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 Leased Premises as of 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:Effective Date;
(1d) 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 review and approve, such approval not to be unreasonably withheld, conditioned or delayed, any filing, notice or other instrument to be made, filed or delivered by Landlord in connection with the Property being leased to Tenant water, sewerSubdivision, 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 “▇▇▇▇ ▇▇▇▇▇ Ski PRD Area”), is intended by Landlord to be a portion of the ▇▇▇▇ 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 any such filing so approved by Tenant if required under Applicable Law;
(e) If necessary, promptly upon completion of the Subdivision, Landlord and Tenant shall enter into an amendment to of this Lease confirming that and any recorded memorandum thereof to modify the PRD Area that is a portion legal description of the Leased Premises to match the legal description of the Rolling Mill Parcel resulting from the Subdivision; and
(f) Landlord and Tenant shall cooperate in filing and/or executing such other instruments and documents as shall be suchreasonable and customary (and/or required under Applicable Law) in connection with the Subdivision.
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 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 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 '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 “"▇▇▇▇ ▇▇▇▇▇ Ski PRD Area”"), is intended by Landlord to be a portion of the ▇▇▇▇ 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 suchsuch 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 leased to Tenant. The pump house provides pumps for water removal for snow-making for the Leased Property. 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 assigns 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 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 for the golf course parking and golf course access or other uses associated with its developments or future developments.
(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.
(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 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 pay for all water withdrawn. 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
(k) 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.
(l) 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.
(m) 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 ▇▇▇▇ ▇▇▇▇▇ Mountain Road or Road "C" except for snow removal.
Appears in 1 contract
Subdivision. (a) Landlord is in As a condition precedent to Seller’s obligation to close hereunder, Seller shall have completed the process subdivision of subdividing portions of its land for subdivisions and Planned Residential Developments (hereinafter referred to as “Subdivisions”) some the larger tract, of which are part of the land which Real Property is being leased hereina part, and part shall have obtained the approval of it is other lands adjoining said subdivision by all applicable governmental authorities. Seller agrees to use commercially reasonable efforts to proceed in good faith to complete the Property being leased herein subdivision and to Tenantobtain all required approvals. Tenant acknowledges In the event Seller notifies Purchaser in writing at least five (5) days prior to the Closing Date that there are Subdivisions being prepared by Landlord such subdivision has not been completed 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 approvals thereof have non-affiliated companies or individuals purchase lots and build homes and/or other structures in said Subdivisions. Furthernot been obtained (“Seller’s Subdivision Notice”), 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 either Party shall have the right to install upon extend the Property being leased Closing Date for an additional period of up to Tenant watersixty (60) days (the “Subdivision Extension Period”) to allow Seller additional time to complete the subdivision and/or obtain the approvals by giving the other party written notice of its election to extend the Closing Date within two (2) business days after receipt of Seller’s Subdivision Notice (the “Extension Notice”). If either: (i) Seller does not elect to extend the Closing Date pursuant to this Section 8.7 and Purchaser fails to deliver the Extension Notice within such two (2) business day period, seweror (ii) the Subdivision Extension Period expires without the subdivision having been completed and/or approvals received, this Agreement shall be null and void and neither party shall have any further rights or obligations under this Agreement except (i) those that expressly survive a termination of this Agreement as provided herein, 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 (ii) Seller shall return and/or cause to 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 returned 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 Purchaser 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 ▇▇▇▇▇▇ TownshipMoney, 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 in 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 event Seller 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 further obligation to purchase additional snow making equipment for Purchaser, and this purposeAgreement shall terminate and be of no further force or effect except as to those provisions that expressly survive termination.
(7) A portion of the Leased Premises, as shown on Exhibit “O” (the “▇▇▇▇ ▇▇▇▇▇ Ski PRD Area”), is intended by Landlord to be a portion of the ▇▇▇▇ 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
Appears in 1 contract
Sources: Real Estate Sale Agreement (Behringer Harvard Reit I Inc)
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 exist at the 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 or restrictive covenants, including, without limitation, Lender’s receipt and approval of all easements necessary to allow each of the subdivided parcels access and cost sharing and use of shared 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, and the Mortgaged Property after giving effect to the Subdivision will comply with, all Laws and Legal Requirements;
(D) At Borrower’s sole cost and expense, 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 not impaired by the Subdivision, and updates to existing 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;
(E) To the 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 Lender shall have received such other documents, certificates, instruments, opinions or assurances as the right Lender may reasonably request; and
(G) The Borrower shall pay all of the Lender’s out-of-pocket costs and easements at any time during expenses incurred by the term Lender in connection with such request for such Subdivision, including, without limitation, all recording costs, transfer taxes, title premiums and reasonable legal fees, regardless 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 facilitySubdivision is consummated.
(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 “▇▇▇▇ ▇▇▇▇▇ Ski PRD Area”), is intended by Landlord to be a portion of the ▇▇▇▇ 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
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 a copy of it is the Subdivision Approval as and when issued. The Landlord will be responsible, at its sole cost and expense, for the satisfaction 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 lands adjoining interests to be granted in respect of the Property being leased herein to Lands in connection with the aforesaid subdivision will be approved by the Tenant, acting reasonably. The 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 will reimburse the Landlord or its affiliates may be the builder of some in respect of the homes and/or buildings Landlord’s out of pocket costs and expenses reasonably incurred in connection with the submission of the application for the subdivision approval and in preparing and registering the Subdivision Plan. Upon registration of the Subdivision Plan, the Tenant will promptly discharge (except as to the Lands), at its sole cost and expense, any caveat, encumbrance, lien, charge or other instrument which the Tenant may have registered or caused 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 registered against the Property being leased title to Tenant. Tenant acknowledges that they have reviewed the Landlord’s development plans Lands, save 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 except a caveat in respect of the easement does not interfere with Tenant’s operation of a ski facility.
(2) Landlord shall have the right granted pursuant to install upon the Property being leased to Tenant water, sewer, clause 32.1 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 caveat 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 registered 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 respect of any of easement agreement entered into by 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 facilityParties pursuant to clause 32.7.
(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 “▇▇▇▇ ▇▇▇▇▇ Ski PRD Area”), is intended by Landlord to be a portion of the ▇▇▇▇ 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
Appears in 1 contract
Sources: Lease (Hut 8 Corp.)
Subdivision. (a) Landlord is Property C forms a part of a tax map lot having a designation in the process County of subdividing portions Kings of its Block 7557, Lot 124 (“Lot 124”). Lot 124 consists of approximately 15,405 square feet of vacant 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 subject 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 SubdivisionsParking Lot Lease. The expense for Purchaser, at its sole cost and expense, shall cause the construction subdivision 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” Tax Lot 124 (the “▇▇▇▇ ▇▇▇▇▇ Ski PRD AreaSubdivision”) into two separate tax lots, to wit (i) Property C (as reduced) consisting of approximately 12,305 square feet of land, abutting Nostrand Avenue and Amersfort Place; and (ii) the balance of Lot 124, consisting of approximately 3,100 square feet, consisting of a parcel of land having a width of 31 feet (fronting on Hilel Place) and a depth of 100 feet (the “Retained Property”). Purchaser shall, after the expiration of the Investigation Period, promptly commence and diligently complete the Subdivision. Following the preparation and filing of all applications, surveys and certifications with the New York City Department of Buildings, the New York City Department of Finance and any other office or agency claiming jurisdiction over the Subdivision (collectively, the “City Agencies”), Purchaser shall seek on a continuous basis to obtain all necessary approvals for the Subdivision. Purchaser shall submit to Seller, and Seller’s counsel, periodic progress reports on the Subdivision (including issuance of new tax lot numbers for Property C and the Retained Property). Seller, at no cost or expense to it, shall promptly execute and deliver any documents or instruments reasonably required to obtain the Subdivision, provided such documents or instruments do not pose any liability or obligation on Seller with respect to which Seller is intended not indemnified by Landlord to be a portion Purchaser or vary or modify the rights and obligations of the ▇▇▇▇ Frost PRD project being developed parties under this Agreement. Notwithstanding anything to the contrary contained in Section 3.4 hereof, the Permitted Encumbrances shall not include any municipal violation which is filed or recorded against Property C following the Investigation Period, which violation if not removed of record will effectively prevent the approval for the Subdivision 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 suchCity Agencies.
Appears in 1 contract
Subdivision. (a) Landlord Seller hereby advises Purchaser that the Land 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 a larger parcel of land. If it is determined that Seller is required to obtain subdivision approval from any state, regional, local or other governmental, administrative or quasi-governmental body or agency before it can convey the land which is being leased hereinLand to Purchaser, then this Agreement shall be contingent upon Seller’s receipt of said subdivision approval. In such event, Seller shall submit the necessary application and other documents required for the subdivision approval promptly following such determination, and part Seller shall diligently prosecute said application; all costs and expense shall be borne by Seller. Said contingency shall be deemed satisfied on the date on which (i) the subdivision approval has been granted to Seller on terms and conditions reasonably satisfactory to Seller and Purchaser and (ii) all applicable appeal periods have expired without the filing of it is other lands adjoining an appeal; if such subdivision approval imposes obligations or conditions that affect either Purchaser’s proposed use of the Property being leased herein or Purchaser’s ability to Tenant. Tenant acknowledges that there are Subdivisions being prepared by Landlord and/or are in the process of having infrastructure installed or erected construct additional buildings on the Property for Land, said Subdivisionsobligations or conditions shall be deemed unsatisfactory. FurtherThe Date of Closing shall be postponed to the fifteenth (15th) day after said contingency is deemed satisfied; provided, Tenant acknowledges that however, if such contingency is not deemed satisfied on or before the Landlord or its affiliates may be one hundred eightieth (180th) day after the builder effective date 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. Furtherthis Agreement, 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 then Purchaser shall have the right and easements right, at any time during the term of this Lease, or any extensions thereofthereafter, to enter cancel this Agreement, in which case 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 E▇▇▇▇▇▇ TownshipMoney (as defined in Section 3.1) and the accrued interest (less the Independent Consideration, 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 as defined in Section 3.2) shall be permitted by Tenant returned to be installed, erected or placed upon Purchaser and the Property being leased to Tenant, all of which parties 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.) released 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 Tenantliability hereunder. The location of such access areas shall be mutually agreed upon by Landlord and Tenant. The cost for construction of these access areas Independent Consideration 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 purposeSeller.
(7) A portion of the Leased Premises, as shown on Exhibit “O” (the “▇▇▇▇ ▇▇▇▇▇ Ski PRD Area”), is intended by Landlord to be a portion of the ▇▇▇▇ 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
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 PRDthat will be left in its present natural state to preserve the privacy and amenity of such home;
4.7.4 In the unlikely event that either (i) the agreement to further subdivide the Current Estate as contemplated in Section 4.7.2 is not formalised or (ii) the application with the Department of Planning to subdivide the Current Estate as contemplated in this Section 4.7.3 is not successful, ▇▇▇▇ Frost Ski PRD, Boulder Lake Village Subdivision, Lake Shore Subdivision, Round Pond Subdivision, Pheasant Run the 8 Residences shall form part of the Current Estate (together with the 7 existing homes) 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 the Vendor 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 account separately for the purposes of access or construction of any structures, improvements, roads, utilities, storm water facilities or other subdivision or PRD improvements to services that shall be erected in, or under the Property for the Subdivisions of Landlord or any future Subdivisions developed whether adjacent provided to the Property or not Residences and to install any reserve that shall be funded by the infrastructure or have others install the infrastructure for the benefit of said Subdivisions, provided that such location or use owners of the easement does not interfere with Tenant’s operation of a ski facilityResidences.
(2) Landlord 4.7.5 The Guarantor shall have pay all legal fees and bear the right costs of all formalities required to install upon perfect the Property being leased to Tenant waterseparation contemplated in this Clause 4.7, sewerincluding without limitation stamp duty, registration costs 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 facilityplanning fees.
(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 “▇▇▇▇ ▇▇▇▇▇ Ski PRD Area”), is intended by Landlord to be a portion of the ▇▇▇▇ 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
Appears in 1 contract
Sources: Sale and 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 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 “OA” to the companion Lease and lots 3 through 5 as shown on Exhibit “A” to the Option Agreement (the “▇▇▇▇ ▇▇▇▇▇ Ski PRD AreaOption”)) 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 ▇▇▇▇ Frost 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 each building which generally runs near and parallel with the street surrounding the 37 ± acre site, (ii) a landscape and recreation area at the rear of Lot 4 (as shown on the Site Plan) is developed when a building is constructed on L▇▇ ▇ [▇▇▇▇▇▇▇▇▇] ▇▇▇▇▇▇▇ 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 suchrequired 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 property 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 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 (iv) all buildings will be similar and generally architecturally compatible, it being agreed that Landlord may change the shape and sizes of the buildings, parking and 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 subdivided in accordance with the approved Master Plan by July 1, 1990. If a Public Agency requires modifications to the lot lines as shown on the Master Plan, the parties agree to reasonable lot line modifications. Tenant agrees to reimburse Landlord for actual expenses paid by Landlord in the processing and recordation of such subdivision map and to meet all other requirements necessary to make said Lots 1-5 separate lots; provided, however, Tenant’s total reimbursement obligation (pursuant to all agreements between Landlord and Tenant) shall in no event exceed Twenty-Five Thousand Dollars ($25,000.00).”
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Sources: Lease Agreement (Maxtor Corp)