201505089 - Laserfiche WebLink

Browse

401505080 turn and running along the southern boundary of that portion of the Grantee Property described as Parcel 2 in Exhibit "B ", being the presently existing L- shaped drive providing access to Stolley Park Road and Brentwood Boulevard, and adjacent to the western and southern boundaries of the Grantee Property. 2. Grant of Easement. Grantor and its successors and assigns hereby grants and conveys to Grantee and Grantee's licensees, tenants, guests and invitees, a non - exclusive access easement for the purpose of vehicular and pedestrian ingress and egress over, through, upon, and across the Easement Area. 3. Term. The term of the Easement shall be perpetual. This Easement is and shall be deemed to be a covenant running with the land and shall be binding upon the parties hereto and upon their successors and assigns. Any modification or amendment shall be effective when duly executed, acknowledged and filed in the proper office of the Register of Deeds of Hall County, Nebraska. 4. Maintenance. Grantor shall maintain the Easement Area in good condition and repair, and Grantee shall reimburse Grantor for fifty percent (50 %) of the costs of maintaining the Easement Area; provided, however, such costs shall not include snow removal costs or any costs incurred in connection with the maintenance of the remainder of the access and parking areas located on the Grantee Property. In the event Grantor fails to maintain, repair or keep the Easement Area in good repair and condition, Grantee may, but shall not be obligated to, perform any such repairs and maintenance. In the event Grantee elects to perform any such maintenance or repair after written demand and a thirty (30) day period for Grantor to perform such maintenance or repair (except in the case of an emergency, where no prior notice is required), Grantee shall be entitled to reimbursement for fifty percent (50 %) the costs so incurred. Except as expressly set forth herein, each party shall be responsible for the repair and maintenance of the real property owned by it and all improvements located on such real property. Grantor hereby acknowledges and agrees that Grantee shall have the right to tie the access ways and parking areas on the Grantee Property into the Easement Area. Notwithstanding anything to the contrary contained in this Section 4, as additional consideration for the granting of the Easement, Grantee agrees that it shall pay the first $10,000 of expenses associated with any repairs of the concrete located in the Easement Area prior to the cost sharing allocation provisions of this Section 4 becoming applicable. 5. Taxes. Each party shall be solely responsible for payment of all real estate taxes and assessments, if any, on the real property owned by it and all improvements located on such real property; provided, however, that each party shall be responsible for fifty percent (50 %) of the Easement Area Taxes. For purposes of this Agreement, "Easement Area Taxes" means the real property taxes assessed against the Easement Area. The parties acknowledge and agree that the Easement Area constitutes 1.006% of the total amount of the Grantor Property and that the Easement Area Taxes will be equal to 1.006% of the total real estate taxes assessed against the land value (but specifically excluding the building and improvements) of the Grantor Property. 6. Restrictions. Neither party, nor any successor or assign, shall create, permit or suffer at any time any obstruction to or interference with ingress and egress over, across and upon the Easement Area for any purpose nor shall any such party at any time endanger, interfere with, or otherwise obstruct the maintenance, repair, operation or use of the Easement Area for ingress and egress. Neither party shall permit liens or claims of lien to be filed against the Easement Area and shall promptly discharge or transfer to bond any lien that may be filed