Resolution No. 13-06 EDA - Laserfiche WebLink

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third parties for development for various uses; and the future subdivided lot that includes the Access Driveway Area is referred to herein as the "Future Adjacent Parcel." G. The Parties desire to create and grant pursuant to the terms hereof an easement in, on, over and across the portion of the EDA Parcel described as the Access Driveway for the purposes of ingress and egress, and to allocate construction and maintenance responsibilities among the Parties regarding such Access Driveway, subject to the terms and conditions set forth below. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties hereby declare as follows: 1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference. The term "Owner," as used in this Agreement, shall mean the then current owner of fee simple title to a Parcel. The term "Parcel" shall mean the LLAL Parcel, the EDA Parcel, or the Future Adjacent Parcel, in each case as the context requires. From and after the Transfer (as defined in Section 13 hereof) of the Future Adjacent Parcel to a third party, the EDA is no longer a Party to this agreement. 2. Grant of Easement for Ingress/Egress. The Parties hereby establish, grant and convey a perpetual, non-exclusive access easement for vehicular and pedestrian ingress, egress and access purposes over, on, through the Access Driveway Easement Area. The Access Driveway Easement Area may be used by Owners of the LLAL Parcel and the Future Adjacent Parcel (and, prior to Transfer of the Future Adjacent Parcel, owners of the EDA Parcel), along with their tenants, subtenants and occupants, and their respective employees, customers, agents and invitees in accordance with the terms of this Agreement. Other than as reasonably required in connection with repair and replacement activities, no noxious or offensive odor, appearance or activity or hazardous materials or substances shall be maintained or permitted within the Access Driveway Easement Area, and no vehicles, equipment, trailers or other portable or temporary structures or equipment shall be repaired or parked within or on the Access Driveway Easement Area. No obstructions shall be erected or permitted within the Access Driveway Easement Area that would prevent, restrict, or otherwise inhibit the passage of vehicles within the Access Driveway Easement Area or on a Parcel, except for temporary obstructions or closures for maintenance, repair and replacement purposes in accordance with Section 3, below. 3. Construction and Maintenance of Access Driveway. (a) In connection with its development of the LLAL Parcel, LLAL shall construct the portion of the Access Driveway at its sole cost and expense pursuant to the plans and specifications approved by the Parties dated , 2013 prepared by . LLAL shall complete construction of the Access Driveway by the date LLAL receives a certificate of occupancy from the City of for the Minimum Improvements on the LLAL Parcel. 427348v5 SJB LN140-109 4