Laserfiche WebLink
certain portions thereof, and (ii) provide and adopt security measures for personal property, <br />improvements, employees, tenants and occupants on Grantor's property, and therefore Grantee and <br />Grantee's officers, agents, contractors or employees shall be required (except in the case of an <br />emergency) to notify, coordinate with, and obtain approval from Grantor in advance as to the timing, <br />duration and scope of any such activities to be performed by Grantee within the easement area or any <br />need by Grantee or its agents or contractors for access upon Grantor' property to the easement area. <br />Grantee agrees not in any manner to interfere unreasonably with Grantor's use and enjoyment <br />of Grantor's property adjacent to the easement area in the course of performance of clearing, trenching <br />for, laying, constructing, reconstructing, using, repairing, replacing, and maintaining said sewer <br />easement facilities by Grantee or its agents or contractors. However, Grantee or its agents or <br />contractors shall have the right to construct such barriers and safety measures within and along the <br />easement area during the performance of such construction activities as may be required in order to <br />provide a safe and secure work site within the easement area. Any such construction activities must be <br />performed by Grantee or its agents or contractors with due diligence and only in strict compliance <br />with and pursuant to all required permits, approvals, requirements and regulations of any applicable <br />governmental authority or public utility. <br />3. The permanent easement area herein described shall be kept by Grantor in such condition, at <br />all times that this easement is in effect, so that Grantee, by and through its proper officers, agents, <br />contractors or employees, can enter upon the permanent easement area without unreasonable <br />hindrance or obstruction, subject, however, to the provisions of paragraph 2 above, which shall apply to <br />any such right of access or entry, and subject to the provisions of paragraph 4 below. <br />Grantee shall be responsible to maintain in good condition and in a good state of repair the <br />easement area (in the event it is disturbed by Grantee) and any pipes, manholes or other such sewer <br />line components constructed within the permanent easement area. If Grantee fails to fulfill its <br />maintenance and repair obligations within ten (10) days after Grantor has given Grantee notice of the <br />need to perform any required repair or maintenance (however, no such notice or period for <br />performance shall be required to be provided by Grantor in the event of an emergency), Grantor shall <br />have the right, but not the obligation, to perform any required repair or maintenance, and Grantee <br />agrees to reimburse Grantor the costs and expenses reasonably incurred by Grantor in the <br />performance thereof promptly upon receipt of notice for payment due and invoices for such costs and <br />expenses. If Grantee does not comply with its reimbursement obligations under this provision within <br />twenty (20) days of its receipt of Grantor's notice for payment due and an invoice for such costs and <br />expenses, the costs and expenses due from Grantee shall incur interest at the then applicable <br />judgment rate under North Carolina law and Grantor shall be entitled to recover all costs of collection <br />thereof (including, but not limited to, reasonable attorneys' fees). <br />4. Grantor agree not to construct or place any structure or fill on or over the permanent easement <br />herein granted without the prior written consent of Grantee, or to endanger the structural integrity of the <br />sewer easement facilities and appurtenances thereto, by any construction activities or otherwise. <br />However, Grantor shall have the unrestricted right, without the prior written consent of Grantee, to <br />construct, repair, maintain and replace roads, gutters, sidewalks, walls, fencing, paved areas, utilities, <br />erosion control measures and landscaping within, upon and across the easement areas at such <br />locations and at any time as Grantor may desire provided that any such improvements are constructed <br />in accordance with sound construction practices so as to maintain the structural integrity of the sewer <br />easement facilities and appurtenances thereto. Grantor shall also have the right, without the prior <br />written consent of Grantee, to tap into the sewer easement facilities at any appropriate location(s) <br />determined by Grantor and to construct lateral sewer lines that connect into such sewer easement <br />facilities in order to provide sewer service to Grantor' property or any portion thereof. Grantor shall also <br />Attachment number 1 \n <br />G -4 Page 139 <br />