CC PACKET 11222016 - Laserfiche WebLink

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C. Maintenance. The Owners hereby grant a non-exclusive, perpetual easement over the Common Areas for the benefit of the Maintaining Owner to perform Common Maintenance Obligations as set forth in Section 5.C(i) below, and for the benefit of each of the other Owners and Lots for unperformed maintenance as provided in Section 5.C(viii) below and for performing maintenance on a Separate Utility Line as provided in Section 3.B above and for the benefit of the Owners whose Lots are served by utility lines traversing the respective Lots for performing maintenance on such utility lines. D. Sign Easements. (i) Grant of Sign Easements. City hereby grants non-exclusive, perpetual easements as follows: (i) on and over that portion of Lot 2 identified on the Site Plan as the “Freestanding Sign Construction Envelope” for the installation, operation, maintenance, repair, replacement, relocation and removal of a freestanding sign (“Shopping Center Sign”) that identifies the Shopping Center and may identify certain Owners or Occupants of the Shopping Center in a location within the Freestanding Sign Construction Envelope as approved by the City of St. Anthony; (ii) over, across and under the Common Areas for reasonable ingress, egress and access to the Shopping Center Sign; and (iii) over, across and under the Common Areas for reasonable installation, operation, maintenance, repair, replacement, relocation and removal of utility lines to service the Shopping Center Sign. Such easements are for the benefit of the Owner of Lot 1 and Lot 3 and the other Owners or Occupants identified (from time to time) on said Shopping Center Sign. (ii) Shopping Center Sign Construction. Subject to Governmental Regulations, the Owner of Lot 1 shall construct, at its sole cost and expense, the Shopping Center Sign with space for sign panels identifying certain Owners or Occupants located within the Shopping Center. The Shopping Center Sign shall be of a design determined by the Owner of Lot 1 in its sole discretion, subject to Governmental Regulations. The Shopping Center Sign shall be constructed in accordance with Governmental Regulations, the Site Plan and the standards set forth in Section 4. The Owner of Lot 3 shall be entitled to a sign panel on the Shopping Center Sign of a size no less than the area that is the product of the Owner of Lot 3’s percentage share (as set forth in subsection Section 5.B(vi) below) multiplied by the total sign panel area on the Shopping Center Sign (“Lot 3 Sign Right”). Other than the Lot 3 Sign Right, the number of Owners or Occupants and the size of their respective sign panels identified on the Shopping Center Sign shall be determined in the sole discretion of the Owner of Lot 1. Each Owner or Occupant identified on the Shopping Center Sign shall install, maintain and repair, at its sole cost and expense, the sign panel that identifies the Owner or Occupant. The sign panels shall be in compliance with this Agreement and Governmental Regulations and shall be subject to approval by the Owner of Lot 1 prior to installation, which such approval shall not be unreasonably withheld, delayed, or conditioned. (iii) Shopping Center Sign Maintenance. Except for the sign panels of Owners or Occupants, the Maintaining Owner shall maintain the Shopping Center Sign, including related landscaping, illumination and irrigation, if any, in good order, condition and repair, in accordance with Governmental Regulations and consistent in manner and appearance with a first-class community shopping center. The Owner of Lot 1 may, after obtaining the prior written consent of each Owner or Occupant having a sign panel on the Shopping Center Sign, 37