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Home My WebLink AboutSIGNED - LONO Cypress Bend Pond Levee pdf with EA USnte-rgy May 27, 2021 Cypress Bend Properties, LLC 13414 County Farm Road Little Rock, Arkansas 72223 Attention: Randy Alberius, Re: Entergy Arkansas 5115 Thlbault Road Little Rock, AR 72206 Transmission & Substation Asset Management Filling existing Pond and Raising Existing Grade of Levee two and one-half feet (2.5 feet) within Entergy's "L.R. Kanis RD -> L.R. Pinnacle" Transmission Line #989 at Structures 60-61, located in the SW '/4 of the SW '/a Section 36 Township 2N Range 14W in Pulaski County, AR. Entergy Arkansas, LLC ("EAV ), (formerly known as Arkansas Power & Light Company), has no objection to the construction, operation and maintaining of filling existing pond and raising grade of existing levee two and one-half feet (2.5 feet) within the captioned transmission line right of way of EAL at the location as shown on Exhibit "A" attached hereto and made a part hereof, by Cypress Bend Properties, LLC ("Grantee"), subject to the following terms and conditions: 1. Grantee acknowledges that EAL's wires and related facilities supported by the structures on the property above described are conductors of, and at all times have in them, high voltage electricity. No person, or object in contact with a person, may touch or be near to said wires or other fixtures on said structures, because to do so or to permit such would be dangerous to the life of the party so doing, as well as anyone else in the area where such occurred. Grantee agrees to inform each and every individual of such facts before such party enters upon any part of the easement area above described during the time such work is being prepared, done or completed, or any equipment moved to, upon or from said property and EAL shall be indemnified by Grantee from any injury, death, or property damage resulting therefrom in accordance with the terms of the indemnity agreement set forth in this agreement. 2. The height of any and all equipment used within EAL's right of way, or any extension of same by Grantee, shall at all times comply with all applicable regulations, including, without limitation, the OSHA regulations. Grantee acknowledges that the height of EAL's I Ines varies depending upon weather and/or load conditions so that Grantee will be required to monitor (watch and observe) the height of said lines throughout Grantee's operations. Additionally, if the height of Grantee's equipment or any extension thereof, or part thereof, can possibly be raised to a height above the maximum allowed by applicable regulations, such equipment shall be provided with guard chains or other devices limiting movable parts of the equipment to the maximum height provided by all applicable regulations and no equipment will be operated or permitted upon said right of way that does not comply herewith. Grantee recognizes specifically that EAL has no obligation to see that Grantee, its employees, contractors, subcontractors and their employees or agents, are complying herewith. 3. EAL, its successors and assigns, retain the right and full use of said premises for any and all purposes, including the right to overhang said area with conductors, poles, guy wires, and other electrical facilities. 4. Grantee agrees to at all times indemnify and hold harmless EAL, its agents, servants or employees, from and against any and all claims, demands, causes of action, judgments, liabilities and expenses of every nature, including attorney's fees, resulting by reason of personal injury, death (including but not limited to injuries and death to employees of EAL and Grantee's employees) or damage to any property which arises out of, results from, or is in any manner related to, directly or indirectly, any operations or acts hereunder, or to the exercise of Grantee's rights hereunder, or to Grantee's presence upon or use of the property above referred to, or to the use or existence of Grantee's facilities on such premises. The indemnity provisions of this paragraph shall not apply if any such injury, death, damage, liability claim or cause of action is caused by the sole negligence of EAL, its employees, agents or representatives. 5. Grantee agrees to promptly reimburse EAL for any damage occasioned to EAL's property or facilities, by the acts or omission (whether or not negligent) of Grantee, its employees, contractors, agents, licensees, assigns or representatives, in any manner connected with or arising out of the construction, operation or maintenance of Grantee's fenced parking area or during the restoration of EAL's property. Grantee also agrees to reimburse EAL for the relocation of any of EAL's anchors, guy wires and other facilities due to the location of Grantee's facilities on EAL's right of way; and to replace any of EAL's right of way property monuments that are disturbed during the construction, operation and maintenance of Grantee's facilities. 6. EAL has easement rights only on this property and it will be necessary for Grantee to secure additional rights from the fee owners. 7. EAL makes no warranty, express or implied, as to its title to said easement and the permission herein given is subject to all prior grants reservations, encumbrances, occupancy and crossing agreements, if any, whether made by EAL or others and whether or not of record. Grantee hereby expressively releases, and agrees to indemnify, EAL respecting any claims, suits, or disputes arising out of the title and related matters concerning the subject easement. 8. Grantee agrees, by the execution hereof, to notify EAL's representative, Will Vaughn, (501) 490-5645, forty-eight (48) hours before beginning Grantee's construction and forty-eight (48) hours after completion; and Grantee further agrees that Grantee's failure to timely give such notice or notices shall at EAL's option, cause a charge to be due and payable to EAL by Grantee, covering costs incurred by EAL for salaries, travel expenses and contingencies of EAL's employees who are dispatched to Grantee's job site on EAL's easement for unscheduled inspection, recording and reporting of Grantee's work activities, and Grantee agrees to pay all such charges upon being billed therefor. 9. Grantee agrees to maintain ad roadways and keep same in good condition, and Grantee specifically agrees that no standing or parked vehicles will be left on said roadway at a location which will prohibit the use of right of way for vehicle passage. All roadways and paths within the transmission right of way must not be disturbed due to excavation or trenching for the proposed work within EAL's Right of Way. 10. Grantee agrees to provide and maintain proper and effective protection for EAL's existing and future facilities so as to prevent any damage which may be caused by Grantee's use of said premises and to promptly reimburse EAL for any damage it or its facilities may sustain. 11. if this letter is not executed by Cypress Bend Properties, LLC dated and returned to EXL within 45 days from the date hereof, EAL shall assume that Grantee's need for use of that portion of EAL's property and right of way has changed; accordingly, this agreement shall become void and be of no further force or effect. 12 Grantee understands EAL's use of the right of way is for ingress and egress, operations, clearances, and maintenance of electrical facilities. Grantee further understands that in the event EAL requires an immediate access to the right of way at this location, any improvements that may exist, including but not limited to gates and fences, may be temporarily altered or removed to facilitate necessary access. Every effort will be made to return the improvement to its original condition at the time of the initial alteration. 13. By accepting this agreement or by exercising any rights hereunder, Grantee warrants to EAL that the officer, agent or representative of Grantee executing this agreement on behalf of Grantee had and has the authority to bind Grantee to the terms of this agreement and that this agreement is a valid, binding agreement of Grantee enforceable against Grantee in accordance with its terms. If this letter is in accordance with Grantee's understanding and agreement, please so indicate by signing the original and copy and, thereafter, return the copy to EAL. 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