11-28-2007 Council Agenda - Laserfiche WebLink

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ARTICLE III APPURIENANCES TO LOTS 3.1 Use and Enjoyment of Access Road Easement. The Owners and Occupants, from time to time, of each Lot, and their respective employees, agents, customers and invitees, shall have the right to use and enjoy the Access Road Easement for purposes of vehicular and pedestrian ingress, egress and access purposes, subject to any restrictions set forth in this Agreement. 3.2 Use and Enjoyment of Utility Easement. In addition to the rights created by dedication in the plat of Drywall Supply Addition, the Owners and Occupants, from time to time, of each Lot, and their respective employees, agents, contractors and invitees, shall have the right to use and enjoy the Utility Easement for purposes of installation, maintenance and use of the Utility Lines, subject to any restrictions set forth in this Agreement. 3.3 Recorded Covenants Conditions. Restrictions and Easements. The Property is subject to and together with such other covenants, conditions, restrictions and easements as may be recorded against it, and this Agreement is in addition to and not in replacement of any such other covenants, conditions, restrictions and easements. 3.4 Easements and Rights are Appurtenant. All easements and similar rights under this Agreement burdening or benefiting a Lot shall be appurtenant thereto, and shall be permanent, subject only to termination in accordance with applicable law. Any recorded easement benefiting or burdening the Property shall be construed in a manner consistent with, and not in conflict with, the rights and easements created by this Agreement. 3.5. Impairment Prohibited. No person shall materially restrict or impair any easement benefiting or burdening the Property under the terms of this Agreement. ARTICLE IV INITIAL CONSTRUCTION: MAINTENANCE. USE AND RESTRICTIONS 4.1 Initial Construction of Access Road and Utility Lines. Painters shall initially construct the Access Road and the Utility Lines in accordance with the specifications therefor identified on the attached Exhibit A and Exhibit B, respectively. Such construction shall be performed in a. good and workmanlike manner and shall be completed within ninety (90) days after the date of this Agreement, subject to items which should be deferred under generally- accepted construction practices, such as laying the fmal wear course of the Access Road. 4.2 Payment of Costs of Initial Construction of Access Road and Utility Lines. Heritage shall pay two- thirds (2/3) of the costs of construction of the Access Road and Utility Lines ( "Construction Costs"), which costs are as specified on Exhibit C. Such portion of the Construction Costs shall be paid directly to Amcon Construction Company, the contractor for such work (the "Contractor "), within twenty (20) days after receipt of a copy of the draw request submitted by the Contractor and all supporting documentation submitted by the