Laserfiche WebLink
13 <br />is located on the Pipeline Easement Property. Except in cases of emergency, the Utility shall <br />provide the Metro Flood Diversion Authority with at least five (5) days’ written notice of any <br />maintenance, repair, or replacement which causes ground disturbance which it intends to do on <br />the Pipeline Easement Property outside of the Project Site. Notwithstanding the above notice <br />requirement, in the event the pipeline and associated infrastructure, or any of the Utility’s other <br />property located on the Pipeline Easement Property, malfunctions, destructs, or otherwise <br />begins to cause ongoing damage to the Project Site, the Utility shall take immediate action to <br />stop ongoing damage to the Project Site, and shall immediately notify the Metro Flood <br />Diversion Authority of such action. <br />The Utility will be responsible for timely inspection of the natural gas pipeline and <br />associated infrastructure; however, the Metro Flood Diversion Authority shall have the right to <br />inspect the Pipeline Easement Property and associated infrastructure from time to time, to <br />ensure that any maintenance, repair, or replacement activity does not interfere with the Metro <br />Flood Diversion Authority’s use of the Pipeline Easement Property for purposes of <br />constructing, maintaining, or operating the Project Site. The Utility shall have the right to have <br />representatives present for any inspection by the Metro Flood Diversion Authority, at the <br />Utility’s option. <br />The Utility will be solely responsible for any damages to the Pipeline Easement Property, <br />the Project Site and associated infrastructure, or other adjacent property owned by the Metro <br />Flood Diversion Authority that are a result of any maintenance, repair, or replacing of the <br />natural gas pipeline or any improvements, fixtures, equipment, or other personal property on the <br />Pipeline Easement, or otherwise as a result of the Utility’s entry upon or use of the Pipeline <br />Easement Property. <br />In the event the Utility ceases to use the Pipeline Easement Property for the purpose stated <br />herein for a period of five (5) consecutive years, the Utility shall, within a reasonable period of <br />time, release the Easement or file for abandonment with the appropriate regulatory body, as <br />applicable. The Utility shall, within twelve (12) months from the release of the Pipeline <br />Easement or receipt of regulatory abandonment approval, as applicable, either remove or <br />abandon the pipeline in place. The Metro Flood Diversion Authority shall also have the right <br />to request, during the twelve (12) month period, that the Utility turn over full ownership of the <br />pipeline to Metro Flood Diversion Authority. Upon final abandonment of said pipeline, the <br />Utility shall comply with any rule or regulation concerning the condition the pipeline must be <br />left in if it is abandoned, and shall remain responsible for any hazardous or dangerous condition <br />resulting from the pipeline if it is abandoned in the ground and left in place. <br /> Section 8.03 USE OF EXISTING EASEMENT. In the event Natural Gas Transportation Infrastructure is relocated within the Utility’s currently existing easement, the Utility shall be bound by the requirements and obligations contained in Section 8.01. The requirements of this Section shall survive so long as the Utility has Natural Gas Transportation Infrastructure located within the Project Site. <br />