Grant/limited license/underground utilities

Home Browse Search

3. Restoration of License Area. As a condition of the grant set forth herein, any person entering the License Area for an activity pursuant to this Grant shall restore the License Area, and any landscaping thereon to substantially the same condition they were in prior to entry within 30 days of completing the activity; provided however, that restoration that cannot be cornpleted during winter months shall be accomplished as promptly as weather conditions permit. 4. Termination of License. The grant set forth in Section 1 shall terminate upon the earlier of (a) the failure of the Conduit or (b) the abandonment of the use of the Conduit by the Licensees; provided, however that any failure of the Conduit that can be repaired without entry upon or disturbance of the Jabbour Parcel shall not cause the termination of the grant so long as the Licensees repair such failure within a reasonable period following discovery of such failure. Upon termination of the grant in accordance with the preceding sentence, the Licensees shall execute an instrument in recordable form that confirms the termination of this License (the "Termination Notice"). The Licensors shall have the right to require the Licensees to remove all Conduit from the License Area that lies above a depth of 48"below the surface of the ground and thereafter restore the License Area and any landscaping thereon to substantially the same condition that they were in immediately prior to such removal; provided that the Licensors may only exercise this right by delivering notice to the Licensees of the Licensors' exercise of such right of removal (the "Removal Notice") within sixty (60) days of the Licensors' receipt of the Termination Notice. The Licensees shall commence removal of the Conduit from the License Area within ninety(90) days of the Licensees' receipt of the Removal Notice from the Licensors; provided however, that if the removal cannot be completed during winter months, removal and/or restoration shall be accomplished as promptly as weather conditions permit. 5. Partial Release of Interest in Jabbour Parcel. Subject to and upon the occurrence of Completion of Installation, the Licensees release and quitclaim to the Licensors all claims to any easement, right, title or other interest in the Jabbour Parcel SAVE AND EXCEPT the rights and licenses granted to the Licensees in this Grant. 6. Plans and Drawings. Within a reasonable period following Completion of Installation, the Licensees shall deliver to the Licensors copies of all written documentation (e.g., as-built surveys, field notes, etc.) within the Licensees' possession or control relating to the location of the Conduit within the License Area. 7. Successors and Assi�ns. The terms and conditions of this Grant shall constitute covenants and servitudes running with the land, burdening and benefiting, as appurtenances, the Jabbour Parcel and Gale Island as stated herein, and shall be binding upon and for the benefit of the parties hereto and their respective heirs, personal representatives, devisees, administrators, tenants, successors and assigns, and any other persons who hereafter acquire an interest in any portion of the Jabbour Parcel or Gale Island by operation of law or other legal means. 8. Notices. Any notices required or permitted to be given under this Agreement shall be delivered by first class mail, postage prepaid, at the address iisted below: If to the Licensors: Gabriel E. Jabbour and Colleen Jabbour 21 University Avenue NE 268G680v3 3