08-13-2003 Council Agenda - Laserfiche WebLink

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parking lanes from time to time located on the Heritage Lot for access to and from such parking spaces. Painters shall notify Heritage by telephonic notice or in writing of the days on which the Parking Easement will be used not later than 6:00 P.M. on the business day immediately preceding the day on which the Parking Easement is to be used. 1.2 Parking Easement is Appurtenant. The Parking Easement herein granted shall be appurtenant to the Painters Lot, and shall be permanent, subject only to termination in accordance with applicable law. 1.3. Impairment Prohibited. Heritage shall not materially restrict or impair use of the Parking Easement. ARTICLE II USE AND RESTRICTIONS 2.1 Maintenance. Heritage shall be responsible for maintaining the parking areas from time to time located on the Heritage Lot, in reasonably good condition and repair and reasonably free of debris, snow and ice. Painters shall not be responsible for any portion of the costs of such maintenance. 2.2 Responsibility for Misuse. Notwithstanding the foregoing, Painters, at its sole expense, shall be responsible for the repair of any damage to the parking areas and drives located on the Heritage Lot resulting from the negligence or wrongful and willfiil act of any of Painters' employees, agents, visitors or invitees, or the failure of any such employees, agents, visitors or invitees to utilize such parking areas in accordance with design standards. ARTICLE III GENERAL PROVISIONS 3.1 Enforcement. Painters and Heritage, or either of them, shall have the right to enforce by any proceeding, at law or in equity, all covenants, conditions and restrictions imposed by the provisions of this Agreement. Failure by either party or their successors or assigns to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. In any action to enforce the provisions of this Agreement, the prevailing party shall be entitled to its costs, disbursements and reasonable attomey's fees. 3.2 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, all of which shall remain in full force and effect. 3.3 Amendment. This Agreement may be amended only by an instrument signed by the owners and mortgagees of both the Painters Lot and the Heritage Lot. Each amendment must be recorded to be effective. -26- L