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Access Agreements and Insuring Easements April 4, 2016; 6:30 PM to 8:30 PM

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Access Agreements and Insuring Easements April 4, 2016; 6:30 PM to 8:30 PM ACCESS AGREEMENTS AND INSURING NSTITUTE EASEMENTS I Prepared in connection with a Continuing Legal Education course presented at New York County Lawyers’ Association, 14 Vesey Street, New York, NY scheduled for April 4, 2016 CLE Program Co-sponsors: NYCLA's Construction Law Committee, Real Estate Section and Lex Terrae Ltd./Old Republic National Title Insurance Company Program Chair: Ariel Weinstock, Katsky Korina LLP, Co-chair NYCLA's Construction Law Committee Faculty: Jack Feirman, Old Republic/Lex Terrae; Bruce Lederman, D'Agostino, Levine, Landesman & Lederman, LLP; Ariel Weinstock, Katsky Korina LLP NYCLA This course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 2 Transitional and Non-Transitional credit hours: 1 Professional Practice/Law Practice Management; 1Skills. This program has been approved by the Board of Continuing Legal Education of the Supreme Court of New Jersey for 2 hours of total CLE credits. Of these, 0 qualify as hours of credit for ethics/professionalism, and 0 qualify as hours of credit toward certification in civil trial law, criminal law, workers compensation law and/or matrimonial law. ACCREDITED PROVIDER STATUS: NYCLA’s CLE Institute is currently certified as an Accredited Provider of continuing legal education in the States of New York and New Jersey. Information Regarding CLE Credits and Certification Access Agreements and Insuring Easements April 4, 2016; 6:30 PM to 8:30 PM The New York State CLE Board Regulations require all accredited CLE providers to provide documentation that CLE course attendees are, in fact, present during the course. Please review the following NYCLA rules for MCLE credit allocation and certificate distribution. i. You must sign-in and note the time of arrival to receive your course materials and receive MCLE credit. The time will be verified by the Program Assistant. ii. You will receive your MCLE certificate as you exit the room at the end of the course. The certificates will bear your name and will be arranged in alphabetical order on the tables directly outside the auditorium. iii. If you arrive after the course has begun, you must sign-in and note the time of your arrival. The time will be verified by the Program Assistant. If it has been determined that you will still receive educational value by attending a portion of the program, you will receive a pro-rated CLE certificate. iv. Please note: We can only certify MCLE credit for the actual time you are in attendance. If you leave before the end of the course, you must sign-out and enter the time you are leaving. The time will be verified by the Program Assistant. Again, if it has been determined that you received educational value from attending a portion of the program, your CLE credits will be pro-rated and the certificate will be mailed to you within one week. v. If you leave early and do not sign out, we will assume that you left at the midpoint of the course. If it has been determined that you received educational value from the portion of the program you attended, we will pro-rate the credits accordingly, unless you can provide verification of course completion. Your certificate will be mailed to you within one week. Thank you for choosing NYCLA as your CLE provider! New York County Lawyers’ Association Continuing Legal Education Institute 14 Vesey Street, New York, N.Y. 10007 • (212) 267-6646 Access Agreements and Insuring Easements Monday, April 4, 2016 Program Co-sponsors: NYCLA's Construction Law Committee, Real Estate Section and Lex Terrae Ltd./Old Republic National Title Insurance Company Program Chair: Ariel Weinstock, Katsky Korins LLP, Co-chair NYCLA's Construction Law Committee Faculty: Jack Feirman, Old Republic/Lex Terrae; Bruce Lederman, D'Agostino, Levine, Landesman & Lederman, LLP; Ariel Weinstock, Katsky Korins LLP AGENDA 6:00 PM – 6:30 PM Registration 6:30 PM – 6:35 PM Introduction and Announcements 6:35 PM – 7:25 PM Access Agreements 7:25 PM – 7:40 PM Break 7:40 PM – 8:00 PM Easements and Insuring Easements LICENSE, INDEMNITY AND PROTECTION EASEMENT AGREEMENT (Developer Friendly) License, Indemnity and Protection Easement Agreement (this “Agreement”), dated as of __________, by and between _____________________, having an address at c/o _________________, (“Licensor”) and ________________, having an address at c/o ____________ New York (“Licensee”). W I T N E S S E T H WHEREAS, Licensee is in the process of developing and performing various improvements (the “Work”) to the property located at ________________ and Licensor is the owner of the adjoining property located at _________________ (the “Adjoining Property”); and WHEREAS, Licensee desires to obtain a license and easement for Licensee and its consultants and contractors (collectively, the “Licensee Parties”) to enter and have access to the Adjoining Property for the purposes of performing certain portions of the Work on and from the Adjoining Property and providing for the protection of the Adjoining Property against damage caused by such Work (the “Protective Work” and together with the portions of the Work to be performed on or from the Adjoining Property, the “Access Work”); and WHEREAS, Licensor is willing to grant such license and easement subject to the terms, provisions and conditions hereinafter set forth. NOW THEREFORE, upon the premises set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. Subject to and in accordance with the terms and conditions of this License Agreement, Licensor hereby grants to Licensee and the Licensee Parties, and Licensee hereby accepts from Licensor, a license and easement to enter upon the portions of the Adjoining Property (the “License Areas”), necessary for use by Licensee and the Licensee Parties for the purposes of performing the Access Work and/or complying with any requirement(s) of law imposed upon the Licensee Parties, including any requirements imposed by the New York City Department of Buildings. The term of the licenses and easement granted herein (the “License Period”) shall be for the term ending when a permanent certificate of occupancy is issued for the Development Site and for a reasonable period of time thereafter to enable Licensee and the Licensee Parties to complete any repairs to the Adjoining Property as required hereunder and to vacate the License Areas. 2. Licensee and the Licensee Parties shall take commercially reasonable measures to prevent any material damage to the Adjoining Property. 3. Licensee agrees to indemnify and save harmless Licensor and Licensor’s partners, officers, directors, contractors, agents, members and employees (the “Licensor Parties”) from and against any and all liability (statutory or otherwise), claims, suits, demands, actual damages (excluding consequential and punitive damages), judgments, costs, fines, penalties, interest and expense (including, without limitation, reasonable attorneys’ fees and disbursements) to which the Licensor Parties may be subject to or suffer arising from, or in connection with the Licensee Parties’ use and occupancy of the License Areas and, to the extent caused by Licensee Parties, any violation of any and all laws, orders, rules and regulations of all state, federal, municipal and local governments, departments, commissions and boards. 457424-1-W 4. All damage or injury to the License Areas, caused by or resulting from the negligent acts or omissions of Licensee or the Licensee Parties shall be repaired promptly by Licensee at its sole cost and expense, to the condition existing immediately prior to such injury or damage. 5. Licensee shall provide evidence of the Licensee Parties’ comprehensive general liability insurance with limits of no less than $___________ per occurrence, $_________ annual aggregate, with an umbrella policy of no less than $_________, which insurance shall be written with financially responsible carriers and naming each of __________ and __________ as an additional insured. 6. Licensor covenants and agrees that, except for the onset of a physical condition that renders the Adjoining Property dangerously unsafe, it will not apply for any stop work order or oppose Licensee’s applications before any governmental agency or board, including, without limitation the Landmarks Preservation Commission. Except in the event of emergency conditions, prior to applying for a stop work order, Licensor shall give Licensee at least five (5) business days’ notice and opportunity to cure the condition. If Licensee commences and thereafter takes commercially reasonable measures to cure such condition and diligently proceeds with such curative measures to completion, Licensor shall permit such cure to continue and not apply for a stop work order unless such condition has a material negative impact on the Adjoining Property or occupants of the Adjoining Property that is not being substantially mitigated by Licensee’s curative efforts. 7. Miscellaneous Provisions. (a) This Agreement constitutes the entire understanding between the parties regarding the subject matter hereof and shall bind the parties hereto and their respective successors, assigns or other legal representatives. This Agreement supersedes any prior verbal understanding or written agreement between the parties relative to the subject matter hereof, and may not be amended, supplemented or discharged except by an instrument in writing signed by both
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