20070402 - VI-08 - Laserfiche WebLink

Home Browse Search

comtencement and completion dates for Project #l, and b) written notice of the anticipated commencement and completion dates for Project #2 (the "Project Notices"), which said Project Notices shall be delivered on or before ninety (90) days prior to the commencement dates stated in each Project Notice (the "Commencement Date(s)"). Under no circumstance shall the completion date for either project be longer than the three-month anniversary of the commencement date. Upon completion of Projects #I and/or #2, Grantee shall provide Grantor written notice that the projects have been completed and shall provide Grantor an executed Construction Easement Termination in the form of Exhibit E attached hereto and incorporated herein within ten (10) days after the later of either projects have been completed. No Construction shall take place between November 1 and January 15 oCany year- Section 3. Contractor Qualifications, Insurance Requirements and Warranty. Grantee shall ensure [hat the general contractor ii retains to construct the Improvements (the "Contractor") (a) posts payment and performance bonds necessary to ensure that adequate financial resources are available to complete the Construction; (b) maintains the policies of insurance described in the attached Exhibit F; and (c) delivers to Grantor a certificate or certificates from the appropriate insurance company naming Grantor an additional insured and evidencing the existence of the policies of insurance described above upon Grantor's request therefor- Grantee will cause the Contractor to warrant to Grantor that the Improvements shall be free from Inaterfal defects in materials and waiananship for a period of two years from the completion of the same- Section 4. Binding Upon Yroperty. The easement, rights and obligations created pursuant to the terms of this F',asement shall tun with and be binding upon the Easement Arca and the Grantor Property, including future subdivisions and/or reconfigurations of such properties, and shall be binding on all entities having or acquiring any right, title or interest in such properties and shall inure to the benefit of each owner, tenant, subtenant, employee or invitee thereof. Section 5. Non-Merger. The easements, rights and obligations established by this Easetnent shall not merge or terminate if all of the Grantor Property and the Grantee Property become owned by the same entity but shall continue until released and terminated by all parties benefited hereby. Section 6. No Dedication- Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Easement Area to the general public or for any public use or purpose whatsoever. Except as herein specifically provided, no rights, privileges or immunities of any party hereto shall inure to the benefit of any third party, nor shall any third party be deemed to be a beneficiary of any of the provisions contained in this Easement. Section 7. Titre. Subject to matters of record, Grantor confirms with Grantee and its assigns that Grantor is collectively seized in fee of [he Easetnent Area, that it has the right [o grant and convey the easement and rights granted herein and that it will warrant and defend such easement and rights to Grantee against the lawful claims and demands of all persons claiming by, through or under Grantor. 48S I -38)2-6785?