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No. 2246 approving a form of dev agreement with JF+A Properties,LTD/CII&P, County Mayo/SB LLC and related matters
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No. 2246 approving a form of dev agreement with JF+A Properties,LTD/CII&P, County Mayo/SB LLC and related matters
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• <br />Pipeline Easements on property other than the Site. The irrigation pumping station depicted at <br />Exhibit D, to the extent it may be considered an encroachment to the Amended Pipeline <br />Easements as a result of the additional easement width granted under this Section, shall not be <br />considered an encroachment to the Amended Pipeline Easements. The Grantor expressly <br />reserves its right to the full use and enjoyment of the Site subject to the Grantee's full use and <br />enjoyment of the Amended Pipeline Easements. Grantor represents that the Grantor currently <br />uses a portion of Lot 7 (as defined in Exhibit A and depicted in Exhibit B) as a golf course, and <br />that the current off - season of the golf course is between November 1 and March 31. <br />Notwithstanding the foregoing sentence, nothing shall prevent or delay the Grantee from <br />performing maintenance and repairs that the Grantee determines to be necessary or advisable in <br />the Grantee's sole discretion. Grantee shall continue to use reasonable efforts to schedule <br />improvements or upgrades of its pipeline(s) to the extent practical and prudent to minimize <br />interference with the golf course's business. <br />2. LICENSE. The Grantee hereby permits the Grantor to operate and maintain the <br />Asphalt Drive depicted at Exhibit C subject to the terms of this Agreement. Grantor <br />acknowledges that this or any other license or consent notwithstanding, anything constructed or <br />existing within the Amended Pipeline Easements may be damaged, destroyed or removed due to <br />Grantee's exercise of easement rights, and does and shall fully release Grantee from any liability <br />arising from such damage, destruction or removal, including, but not limited to, any liability for <br />lost business and /or profit and lost use. Grantee shall use reasonable care to minimize damage to <br />Grantor's facilities. Grantor shall ensure that the Asphalt Drive and its use, any encroachment <br />that may be authorized by the Grantee in the future and its use, and any activity by or on behalf <br />of the Grantor (the "Grantor activities ") within the Amended Pipeline Easements do not <br />interfere with or disrupt Grantee's operations or its pipeline(s), and that Grantor's activities and <br />facilities comply with all applicable Federal, State, and local laws, regulations, ordinances in <br />effect at the time, and, absent written consent to the contrary, with Grantee's applicable <br />operational rules and policies, both as said operational rules and policies exist at the time of this <br />Agreement's recording and as they may be revised from time to time to ensure compliance with <br />all applicable laws, regulations, ordinances and requirements of agencies governing the <br />Grantee's pipeline(s) and operations, and effect the safe and efficient operation of Grantee's <br />pipelines. Copies of the Grantee's operational rules and policies applicable to Grantor activities <br />shall be furnished to the Grantor upon request as Grantor activities are identified to Grantee. <br />The license provided under this Section shall be irrevocable unless the Grantor's use of <br />the permitted improvement is abandoned, voluntarily removed, ordered removed by any court or <br />governmental agency or authority, or materially violates any term of this Agreement. It is <br />expressly acknowledged and agreed that if an applicable Federal, State, or local law, regulation, <br />or ordinance is amended or enacted without an applicable grandfather provision resulting in the <br />Grantee's operation, maintenance or use of its pipeline and enjoyment of the Amended Pipeline <br />Easement being further restricted as a consequence of the use permitted under this Section, the <br />license granted pursuant to this Section shall be immediately revocable to the extent necessary to <br />comply with said law, regulation or ordinance without cost or damage to the Grantee. If Grantee <br />elects to revoke a license, Grantee shall provide written notice of the revocation and reason(s) <br />therefore to the Grantor. If the license is properly revoked pursuant to the terms of this Section, <br />Page 2of5 <br />
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