Laserfiche WebLink
5. It is expressly acknowledged and agreed that the District shall have the right and <br /> authority to assign the Easement to any appropriate local governmental entity or to any public utility <br /> provider, including but not limited to all rights to use, and all obligations associated with, the <br /> Easement as are granted to and assumed by the District herein,subject to such assignee assuming <br /> the obligations set forth herein and subject to the prior written consent of the Grantor, which <br /> consent shall not be unreasonably withheld.. Notwithstanding the foregoing, the Grantor hereby <br /> agrees that the District may assign this Easement to other governmental entities or other entities <br /> which have a contractual relationship with the District regarding the subject matter of this Easement <br /> without the prior written consent of the Grantor provided that the Grantor is notified of'such <br /> assignment. In the event the District assigns the Easement to a third party, including a <br /> governmental entity or other entity with a contractual relationship with the District regarding the <br /> subject matter of this Easement, or sells the Improvements to a third party and receives <br /> compensation for such assignment and/or sale, then the District hereby agrees to pay the Grantor, <br /> excluding the Grantor's permitted assigns or successors,additional consideration for this Easement <br /> in an amount not-to-exceed Fifty Thousand Dollar's($50,000.00). If the consideration received by <br /> the District is less than Fifty Ihousand Dollars ($50,000.00), then the lesser amount shall be <br /> tendered to the Grantor;however if the consideration received by the District is greater than Fifty <br /> Thousand Dollars ($50,000.00), then the District shall retain all amounts in excess of the Fifty <br /> ' Thousand Dollars($50,000.00).. The Grantor hereby agrees that, in the event the Grantor conveys, <br /> sells or otherwise grants the Property in which the Premises are located,to a third party,the District <br /> shall have the right of first refusal for the Property and for the Premises. The District shall have <br /> thirty (30) days to inform the Grantor whether the District wishes to exercise the right of first <br /> ' refusal. The Parties shall record a memorandum memorializing the right of first refusal with the <br /> Adams County Clerk and Recorder's Office within thirty(30) days of the date of this Easement. <br /> the District shall have the right and authority to grant temporary construction easements to any <br /> appropriate local governmental entity or public utility provider for purposes of construction, <br /> reconstruction, operation, use, maintenance, repair, replacement and/or removal of the <br /> Improvements,subject to all of the terms and conditions of this Easement. <br /> G. The District agrees that at such time and in the event that the Improvements or <br /> tEasement described herein are abandoned by the District and any permitted assignee, the <br /> Easement will terminate automatically and the real property interest represented by the Easement <br /> ' will revert to the Grantor, its heirs, successors and/or assigns.. Temporary abandonment of use <br /> 3 <br /> 1 <br />