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201603301
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Last modified
7/3/2017 5:40:51 PM
Creation date
5/27/2016 11:10:15 AM
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DEEDS
Inst Number
201603301
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201603301 <br /> SHARED FACILITIES AGREEMENT <br /> 13^ <br /> This Shared Facilities Agreement (this "Agreement") is made this q day of May, 2016, by <br /> HALL COUNTY HOUSING AUTHORITY, a Nebraska political subdivision ("HCHA") <br /> Owner/Manager of Shady Bend Apartments and SHADY BEND VILLAS, LLC, a Nebraska <br /> limited liability company ("SBV"); HCHA and SBV each a "Party" and collectively, the <br /> "Parties". <br /> WHEREAS, the Parties own adjoining parcels of land, located on Lots 1 - 7, of Von <br /> Ohlen Third Subdivision in the City of Grand Island, Hall County, Nebraska, as more <br /> particularly described in the exhibits attached hereto marked as Exhibit A-1 (hereinafter the <br /> "HCHA Parcel" owned by Hall County Housing Authority) and Exhibit A-2 (hereinafter the <br /> "SBV Parcel" owned by SHADY BEND VILLAS, LLC. Collectively, the HCHA Parcel and the <br /> SBV Parcel are the"Complex"; and <br /> WHEREAS, HCHA owns and leases 15 residential apartment buildings located on the <br /> HCHA Parcel; and SBV owns and leases 20 residential apartment units located on the SBV <br /> Parcel; and tenants residing in any building owned by HCHA or SBV (or their guests, agents, <br /> and invitees) are to be known hereinafter as"Residents"; and <br /> WHEREAS, the HCHA Parcel and the SBV Parcel wish to share playground equipment <br /> located on HCHA Parcel (the "Playground Equipment"). A portion of this equipment was <br /> originally purchased and installed by HCHA and additional equipment will be purchased and <br /> installed by SBV; and <br /> WHEREAS, the Parties hereby desire to place of record this Agreement in order to <br /> establish, document and memorialize the various rights required for the Complex, and shall be <br /> binding upon all successors and assigns thereto; <br /> NOW, THEREFORE, in consideration of Ten and no/l00 Dollars ($10.00) in hand paid <br /> and the mutual covenants and conditions contained herein, and of other good and valuable <br /> consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be <br /> legally bound,the Parties hereby covenant and agree as follows: <br /> Section 1. Cross Grants for the Benefit of the HCHA Parcel and the SBV Parcel. <br /> (a) Grant of Ingress and Egress Easement over both Parcels. HCHA and <br /> SBV each hereby grant, bargain and convey unto each other, each other's agents, <br /> employees or invitees, and for the benefit of all Residents of and to the parcels <br /> comprising the Complex, their respective successors and assigns, a non-exclusive cross <br /> easement for vehicular and pedestrian ingress and egress across and upon each of the <br /> HCHA Parcel and the SBV Parcel (the "Access Easement"). The easement rights <br /> granted herein shall be limited to those portions of the Complex developed as road <br />
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