2012 008 Ordinance - Laserfiche WebLink

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the same and submit the costs to Grantor for payment, which payment shall be made by Grantor within thirty (30) days of any such receipt. b)Easennent Z,Grantee shall bear the costs of repair and replacement of the paved, concrete or gravel areas and utilities located within Easement 2. 5. Right Retained. Except for the rights expressly conveyed to Grantee hereunder, Grantor reserves to Grantor, Grantor's successors and assigns all other rights arising out of ownership of Grantor's Property and the Easements, including, without limitation, the right to engage in, ar permit or invite others to engage in, all uses of Grantor's Property and the Easements not expressly prohibited herein and that are not inconsistent with the terms of this Agreement, including, again without limitation, aright-of-way on, over and across the Easements for purposes of ingress, egress, construction of a roadway and placement of underground utilities for the benefit of Grantor's Property. C~. f~-Consixuction. a) Easement 1. Grantor will construct the roadway located in Easement 1, based upon plans and specifications reasonably approved by Grantee. Grantee shall construct the driveway apron at the entrance of Easement 1, based upon plans and specifications reasonably approved by Grantor. Grantor and Grantee agree that all work done in connection with the installation and/or construction of the roadway within Easement 1 shall be performed in accordance with the plans and specification approved by Grantor, in compliance with generally accepted engineering practices, in a good and workmanlike, professional, lien free manner, without substantial disruption to Grantee's daily operations; it being understood and agreed that all work by Grantor in the construction and installation of its improvements to Easement 1, shall be as shown on the plans and specifications. ~Tithin ninety (90) days after completion of Grantor's improvements to Easement 1, Grantee shall deliver to Grantor a list of the items, if any, which are not substantially constructed or completed in accordance with the approved plans and specifications (the "Punch List Items"). In the event Grantee fails to deliver the Punch List to Grantor within ninety (90) days after completion of Grantor's improvements to Easement 1, Grantee shall be deemed to have approved and accepted Grantor's improvements in the condition existing at the time of completion of the improvements to Easement l . In the event a Punch List is delivered to Grantor by Grantee, Grantor shall promptly and diligently commence to complete any such Punch List Items within thirty (30) days after Grantor's receipt of the Punch List Items from Grantee. In the event that a dispute shall arise as to whether or not Grantor's improvements to Easement 1 are substantially completed, a certification of an architect, mutually acceptable to Grantee and Grantor that the improvements are substantially completed in accordance with approved plans and specifications therefore shall be conclusive and binding upon the parties hereto, with cost thereof split equally between Grantee and Grantor. If Grantor fails to commence or complete any Punch List Item as set forth above, Grantee may complete said improvements and Grantor shall pay the cost thereof to Grantor upon demand. b9Easeruent 2. .ill Construction in Easement 2 slaali be at the sale ~eost and e;~tsecnse of Grantee and sa~biec~t to all ~ecessarv approvals fr€~m floe Grantor. tt~.z_i~.iz 3