2008 009 Ordinance - Laserfiche WebLink

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detailed site plans and work plans for its facilities and receiving prior written approval of Progressive (which approval shall not be unreasonably withheld or delayed) and shall not commit or suffer waste to be committed upon the Progressive Easement. 2. Grant by the Village. Subject to the terms and conditions of this Agreement, the Village hereby grants, bargains, sells, and conveys to Progressive, a perpetual easement for purposes of constructing, operating, maintaining, and repairing an underground fiber optic or other telecommunications line or lines and related installations, at any time by Progressive, its heirs, successors, or assigns, in and across the entire westernmost ten (14) feet of the Village Property, as depicted and described in Exhibit "C", attached hereto and incorporated herein (the "Village Easement"). With respect to Progressive's use of the Village Easement: a. Notwithstanding anything to the contrary contained herein, Progressive shall not make or begin construction of any improvements, alterations, or modifications to the Village Easement prior to submitting detailed site plans and work plans for such facilities and receiving prior written approval of the Village (which approval shall not be unreasonably withheld or delayed) and shall not commit or suffer waste to be committed upon the Village Easement; and b. At the time of Progressive's installation of a telecommunications line in the Village Easement pursuant hereto, Progressive shall also install and construct, at Progressive's cast and expense, an additional two {2) inch conduit, commencing at a handhole or pull box to be installed by Progressive at a location in the Village Easement directly to the west of the Progressive Easement, and running in a northerly direction parallel to the Progressive telecommunications line and terminating in a handhole or pull box to be installed by Progressive on the northernmost boundary of the Village Easement (it being understood that such additional conduit shall initially be empty, but shall be and remain available for the Village's exclusive use, at the Village's discretion and at the Village's sole cost and expense, and that upon the completion of the installation of such conduit by Progressive, Progressive shall have no further obligations with respect to the installation, maintenance, repair or replacement of the conduit installed under this paragraph (b) or of any telecommunications or other line(s) that maybe installed in such conduit thereafter by the Village). 3. Additional Rights and Obli atg ions. Far purposes of this Section 3, the following shall apply: (i) the term "Grantor" shall mean Progressive with respect to the Progressive Easement, and shall mean the Village with respect to the Village Easement; (ii) the term "Grantee" shall mean the Village with respect to the Progressive Easement; and shall mean Progressive with respect to the Village Easement; and (iii) the term "easement" shall mean either the Village Easement or the Progressive Easement, as the context requires. a. The Grantor may use and enjoy the parcel of Land where such easement is granted except insofar as such use and enjoyment shall be inconsistent with the exercise by the Grantee of the rights herein granted to it and except that no building or other structure of any kind shall be placed or erected by the Grantor on said parcel in the easement area. -~- M:ILEGAL\Dmc\L441348 (IvIV)\Easement Discovery3.doc