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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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10/18/2012 1:30:59 PM
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effect at the time of the Owner Activity, absent written consent to the contrary, and do not <br />disrupt or interfere with the Company's operations or pipeline(s). Copies of applicable rules <br />and policies shall be furnished to Owner upon request. Owner shall further ensure that <br />Owner Activities and resulting work comply with all applicable Federal, State and local laws, <br />regulations and ordinances in effect at the time. Owner shall provide written plans to the <br />Company in advance of all Owner Activity involving any construction work, including, but <br />not limited to, work involving the installation or relocation of any utility, water or waste <br />system, in the Pipeline Easements and shall not begin any such Owner Activity until the <br />Company Engineer or his/her Inspector approves the Owner Activity in writing. Failure to <br />obtain written approval for any Owner Activity or to comply with issues of safety with <br />respect to the pipeline and Company's employees, agents and representatives will result in <br />the shutdown of all Owner Activity at the Site within or impacting the Pipeline Easements or <br />pipeline, including, without limitation, all construction traffic over the Pipeline Easements, at <br />Owner's expense and Owner Activities may not re -start until Owner presents a plan of <br />remediation and same is approved by Company in writing. Owner acknowledges that <br />anything constructed or existing within fifty (50) feet of the pipeline may be damaged, <br />destroyed or removed due to the Company's exercise of easement rights, and does and shall <br />fully release the Company from any liability arising from such damage, destruction or <br />removal, including, but not limited to, any liability for lost business and /or profit and lost <br />use. The Company shall use reasonable care to minimize damage to Owner's resulting <br />facilities. <br />2. APPROVED PLANS, Exhibit C. Approved Plans as of the date of this agreement <br />are attached as Exhibit C (plans and specifications for certain utility relocations) and D <br />(plans and descriptions for the development of Lot 3A and a portion of Lot 7 as a hotel) <br />(collectively "Developer Improvements "). Exhibits C and D may be altered or additions <br />made by review of both parties and approval being given by the dated signature of the <br />Owner, or his Engineering Representative, and the Company Engineer or his/her Inspector. <br />3. REIMBURSEMENT FOR ALL COSTS. Owner shall reimburse Company for all <br />costs and expenses reasonably incurred by Company subsequent to the recording of this <br />Agreement to ensure that Owner Activities do not impact the Pipeline Easements or damage <br />the pipeline. Such costs and expenses shall include, but not be limited to, inspections, labor, <br />burden, equipment and reasonable attorney' fees. Owner is responsible for ensuring that no <br />Owner Activities take place at the Site within or affecting the Pipeline Easements or pipeline, <br />including, without limitation, construction traffic over the Pipeline Easements, until <br />Company's inspector has approved of Owner Activities and is present to observe all such <br />Owner Activities. All such costs and expenses of Company will be paid by Owner within 30 <br />days of receipt of the Company's invoice for such costs and expenses. <br />4. INDEMNITY AND RELEASE. To the maximum extent permissible by law, Owner <br />shall indemnify, defend and hold harmless Company, its affiliates and operators and their <br />employees, contractors and agents from any Claim relating to or arising from (i) any activity <br />by or on behalf of Owner at the Site or (ii) the existence or operation of any encroachments <br />Page 2 of 8 <br />
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