Easement Nos. 63 & 65 - Two (2) Parcels Ponader Park for Electric – American Electric Power - TABLED

Home Browse Search

#2981052v5 agrees to reasonably cooperate with the City when requested to locate, describe, and document the work (with reasonable opportunity to respond to any such requests) to permit City to plan and construct improvements in the Easement Area in a manner consistent with the terms of this Agreement, provided that the City may not make any improvements where the construction work or the improvements themselves would interfere with the operation of AEP’s facilities, create any unsafe condition, or cause AEP’s facilities to be violation of applicable regulations. The Parties will coordinate for any proposed work in the Easement Area and it is understood and agreed that widening and improvements of the walking path, construction and maintenance of athletic fields, park benches, bike racks, charging stations, temporary vendor stands and event facilities, tents, signage and lighting that do not interfere with AEP structures do not amount to substantial interference with the Work. In the event that any portion of the Easement Area is rendered permanently unfit for the Work due to natural or man-made disasters or advancements in technology (“Unfit Use Area”), AEP is permitted to remove or abandon its structures from the Unfit Use Area at its sole expense and subject to the terms of this Agreement. Abandonment or removal plans will be coordinated between City and AEP and will include an appropriate remediation and restoration plan for AEP to implement, as well as, subject to the paragraph below, a written agreement suitable for recording terminating this Easement. The failure of AEP to exercise any of the rights granted herein, or the removal of any facilities from the Easement Area, shall not be deemed to constitute an abandonment or waiver of the rights granted herein, except as otherwise provided in this paragraph. Should five years pass from the date that this Easement is executed, and AEP has either never used the Easement Area or has ceased using the Easement Area for a period of 24 consecutive months, Grantor may send AEP written notice of its intention to terminate this Easement. If AEP fails to notify Grantor, within 60 days after receiving Grantor’s notice, that AEP has plans to resume use of the Easement Area, this Easement will terminate without any additional notice required by Grantor or AEP. AEP will be responsible for the cost and removal of such unused facilities within six months of the termination of this Easement. If Grantor determines that the Easement Area requires maintenance which AEP is obligated to perform, including but not limited to maintaining AEP facilities and keeping the surrounding areas free from potential safety and/or damage threats, Grantor shall notify AEP in writing to request such maintenance. If AEP agrees it is obligated to perform the requested maintenance and does not remedy the issue within sixty (60) days after such written notice, Grantor may file an action for injunctive relief to compel AEP to perform the maintenance and/or file an action for damages. This instrument contains the complete agreement between the parties herein and shall inure to the benefit of and be binding on their respective successors, assigns, heirs, executors, administrators, lessees, tenants, and licensees. This Easement may be executed in counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument.